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Unformatted text preview: ION UNDER RA 6770 Requirements: 1. The evidence of guilt is strong; and 2. That any of the following circumstances are present: a. The charge against the officer of employee should involve dishonesty, oppression or grave misconduct or neglect in the performance of duty; b. The charges should warrant removal from office; or c. The respondent’s continued stay in office would prejudice the case filed against him. Maximum period: 6 months PREVENTIVE SUSPENSION UNDER LGC Requirements: 1. There is reasonable ground to believe that the respondent has committed the act or acts complained of; 2. The evidence of culpability is strong; 3. The gravity of the offense so warrants; 4. The continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. Maximum period: 60 days. (Hagad v. Gozo‐ Dadole, G.R. No. 108072 Dec. 12, 1995) Q: Does the LGC withdraw the power of the Ombudsman under R.A. 6770 to conduct administrative investigation? A: No. Hence, the Ombudsman and the Office of the President have concurrent jurisdiction to conduct administrative investigations over elective officials. (Hagad v. Gozo‐Dadole, G.R. No. 108072, Dec.12, 1995) Q: Who may sign an order preventively suspending officials? A: It is not only the Ombudsman, but also his Deputy, who may sign an order preventively suspending officials. Also, the length of the period of suspension within the limits provided by law and the evaluation of the strength of the evidence both lie in the discretion of the Ombudsman. It is immaterial that no evidence has been adduced to prove that the official may influence possible witnesses or may tamper with the public records. It is sufficient that there exists such a possibility. (Castilo‐Co v. Barbers, G.R. No. 129952 June 16, 1998) Q. What is the effect of an appeal on the preventive suspension ordered by the Ombudsman? A. An appeal shall not stop the decision from being executory. In case the penalty...
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This document was uploaded on 03/12/2014.

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