CHAPTER VI: Administrative Functions, Policies and Procedures
Terms, Notations and Important Concepts
It is synonymous to purchase or the act of buying supplies, materials and equipment essential for government operations.
2. Procurement Planning
It is the first step in the procurement process.
3. Notes on the APP
- It is known as the “Annual Procurement Program”.
- It is referred to the itemized list prepared by the head of agency showing the kind, estimated quantity, estimated cost, description of supplies together with the balance on hand, if any.
- It is prepared and submitted to the department of Budget and Management as part of the work and financial plan on or before the end of November.
4. Public Bidding
It is the method of procurement whereby the office issues “Invitation to Bid” to prospective suppliers of materials, equipment and services.
5. Executive Order No. 301, Section 1
It says that, “no contract for public services or for furnishing supplies, materials and equipment to the government or any of its agencies shall be renewed or entered into without public bidding” unless otherwise with the stipulated exception.
6. Emergency Purchase
This is done through the direct requisition or orders through canvass of prices of at least three (3) bonafide dealers which is resorted to the exceptional urgent or absolutely indispensable to prevent immediate danger to or loss of life/property or needed for the project or activity, which cannot be delayed without causing detriment to public service.
7. Direct contracting (single source procurement) and direct purchase
It does not require elaborate bidding documents. The selected manufacturer/supplier/distributor is simply asked to submit a price quotation together with the conditions of sale.
8. Procurement Service
It is now under the DBM with the abolition of the General services Administration under Executive Order No. 285, dated July 27, 1987.
9. Executive Order 359 (dated June 2, 1989)
It prescribes the guidelines and procedures in the implementation of Executive Order 285 in the operation of the procurement system common-used office supplies, materials and equipment.
10. Notes on the Prohibitions (under the Manual of Procurement COA-PTTF)
- Entering into a contract without appropriation.
- Splitting of requisition
- Personal use of property for the furtherance of private interest.
- Irregular, unnecessary, excessive, extravagant and unconscionable expenditures or uses of funds or property shall be prevented.
Irregular Expenditures – are incurred if established rules, regulations, procedural guidelines, principles or practices that have gained recognition of law are not observed.
Unnecessary Expenditures– are those which could not passed the test of prudence or diligence of a good father of a family, thereby denoting non-responsiveness to the exigencies of the service.
Excessive expenditures – are expenses incurred at an immoderate quantity and exorbitant price.
11. Property Custodianship
This refers to the guardianship of government property by the accountable person. It includes the receipt of supplies, materials and equipment, the safekeeping, issuance, repair and maintenance of equipment. It also includes the accountability, responsibility and liability of accountable officers arising from loss, misuse, damage, or deterioration of government property due to fault or negligence in safekeeping thereof.
12. General Form No. 57 (A)
It is a form accomplished immediately after appointment/designation of the supply officer which request for application, increase, and decrease, reduce, cancel or transfer of a bond duly signed by the head of agency.
It refers to the scientific and economical receipt, warehousing and issue of materials for their best safekeeping and rapid availability.
14. Requisition and Issue Voucher (RIV)
This contains, among other things, the quantity description, kind of materials needed, the purpose, the signature of the requisitioning officer and the authorized approving official concerned.
15. Memorandum Receipt (MR)
This is prepared to cover the transfer of semi-expendable, non-expendable supplies or property from the head of the department or office for the re-issue to the end-user.
16. Physical Inventory of Property
It is an indispensable procedure for checking the integrity of property and custodianship.
It is traditionally refers to the sale or destruction of assets and property, which are unserviceable and are no longer needed in its operation.
18. General Form 17-A
This form is used in the disposal and condemnation of unserviceable equipment, building and other physical structures including supplies in stock accounts.
19. General Form 64-A (Report of Waste Materials)
This form covers damaged equipment spare parts. It is used for the disposal of waste materials which result from the consumption or utilization of expendable materials, and covers damaged equipment parts, empty containers and remnants salvaged from destroyed or damaged fixed assets.
It is a modified form of “transfer of property” wherein an agency transfers property to another government agency in exchange for another piece of property.
21. Public Bidding
It may be done through the sealed public bidding or when circumstances warrant by viva voce.
22. Negotiated sale
It is resorted as a consequence of failed public bidding.
23. Notes on Condemnation and Demolition of School Buildings
A school building which has become unsuitable, dilapidated and whose repair will cost 50% or more than the cost of the new building to replace it, should be recommended for condemnation or demolition.
- The school head reports the unserviceable building to be condemned by accomplishing General Form No. 17-(A) in seven (7) copies and submitting it to the SDS.
- The SDS sends a team to check and verify the condition of the building. The team shall be composed of the representatives of the Superintendent, City or Municipal Engineer and the COA as witness.
- After checking and verification, the team submits to the SDS its findings and recommendation/s.
- Authority to demolish shall be served by the school official concerned to the office of the City/Municipal engineer before undertaking the demolition.
- The demolition work shall be witness by the team who shall submit a report thereon.
- Usable materials from the demolished buildings shall be sold through public auction if it is not requested by the school for retention to be used specifically for the improvement of existing school structure like fences, nurseries, covered walk and the like.
24. Notes on Disposal Committee
Executive Order No. 3309 dated March 8, 1996 reconstituted the Committee on Disposal as provided under E.O. No. 888.
- Chairman – A senior official with functions not lower than the level of an assistant Secretary for a Department and Director for a bureau/agency or Department manager for GOCC.
- Member – Head of the Department’s administrative services or head of the agency’s Administrative Division.
- Member – Head of the Property Unit (M.O. No. 20, s. 1983)
25. Notes on Disciplining Authority
- Authority to exercise ultimate power to investigate the offending officer and employee and impose the corresponding penalty for the offense committed is vested only on one officer in an office referred to in the Civil Service Decree of the Philippines as the “discipline authority” and the power vested in him/her is known as “disciplinary jurisdiction”. It has the final authority to pass upon the removal, separation, and suspension of said officers and employees.
- The appointing authority has been given the concurrent disciplinary jurisdiction over his/her subordinate officers and employees. (R.A. No 6040 in August, 1969, amending R.A. No. 2260, otherwise known as the Civil Service Law).
- On October 6, 1975, R.A. No. 6040 was further amended by the Presidential Decree No. 807, otherwise known as the Civil Service Decree of the Philippines.
- Republic Act No. 6040, Section 37 provides that, “an investigation may be entrusted to the Regional Directors or similar officials who shall make necessary report and recommendations to the head of office or department”.
- The power to discipline is an inherent right and duty in every organization for without it, the very aims and purpose for which it was organized cannot be truly achieved. And in the exercise of this power, the administrators find themselves bound by restrictive legislation.
26. Notes on Kinds of Discipline
- It is viewed from the standpoint of the individual proceeds from within and to a large extent is habitual reaction to established values, customs, traditions, and regulations.
- It tends to promote emotional satisfaction, or in other words, satisfies, “drives”.
- It involves force or some outward influence in its extreme form, proceeds on the theory that compliance is secured by the use of punishment or by fear of penalties
- It is referred also as “disciplinary action”.
- It is referred to as the administrative steps taken to correct employee’s misbehaviors related to job performance.
27. Notes on the Usual Forms of Punishments
- Warning or reprimand
It is the least severe penalty and in the majority of instance a reprimand may proved sufficient.
A second mild form of punishment wherein frequently resorted to in the case of field workers and others who can be moved without disrupting the service concerned.
- Demerits or reduction
A penalty which results from the performance rating of the employee maybe severe since it may seriously retard his progress toward a better position. In most cases, any breach of duty is recorded of the employee and taken into consideration at the time of possible promotion.
This is without pay and is considered severe since the employee does not report to work for a time and does not receive the usual pay.
It is with a reduction of pay and the employee who suffers from it is subjected to a continuing penalty since his monthly earnings are permanently less than before action was taken. In addition, the stigma is greater than the new duties to which he is assigned may be less agreeable. It is used with caution, as it invariably results in breaking the spirit and lowering the morale of the employee.
It is the most extreme penalty. It results not only in loss of income and status but also in the loss of other privileges.
28. Presidential Decree No. 807, Article 9, Section 36(a)
It provides that, “no officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by law and after due process”.
29. Notes on the DECS Rules and Procedure
- DECS Rules and Procedure shall address the urgent need to rationalize and systematize the conduct of the proceedings to expedite the resolution of complaints and grievances involving officials and employees of the DECS.
- DECS Rules and Procedure shall liberally be construed in order to affect an expeditious and just settlement disputes.
- Administrative investigation shall be conducted without necessarily adhering to the technical rules of procedure applicable to judicial proceedings.
Shall refer to expressed dissatisfactions that arise from the working conditions, relationships or status among co-workers that are believed to be wrong, unfair, ignored, or dropped without due consideration.
31. Grievance Procedure
Shall refer to the a workable procedure for determining or providing the best way to remedy the specific cause or causes of the grievance.
- When the dissatisfaction calls for disciplinary action, it shall not be considered as
grievance. It shall be brought as an administrative disciplinary case in accordance
with DECS Manual 2000 Section 3.
- The Grievance Committee shall render its decision within five (5) days from receipt of the grievance in writing. The decision shall be in writing and shall contain all relevant facts and circumstances as well as the law or rule that was applied.
32. Notes on Proper Subjects/Objects of Grievances
- Unsatisfactory working conditions
- Improper, tedious or laborious work assignments
- Faulty tools or equipment
- Unsatisfactory personnel and/or work processes
- Improper placement and selection of personnel
Improper appreciation of the factors relative to lay-offs, promotions, salary increases and transfers.
- Arbitrary exercise of discretion
- Interpersonal relationships
- Policies, practices and procedures which affect employees
- Any and all matters giving rise to employee dissatisfaction
33. Notes on Administrative Disciplinary Cases
- Administrative disciplinary case is one wherein an official or employee of the government is prosecuted from an act or omission punishable as a non-penal offense as provided for in the Civil Service Law, Administrative Code, and other laws pertaining to public officers and civil service employee. Non-penal offenses are also known as administrative offenses.
- Administrative case may be commenced either by the Disciplining Authority of the DECS with a motu propio complaint or by any other person with an ordinary complaint filed with the Disciplining Authority.
- The Disciplining Authority in the DECS shall be the Secretary. Regional Directors shall also act as the Disciplining Authority in their respective regions. The President is the Disciplining Authority for presidential appointees. The Secretary is duly authorized to discipline presidential appointees subject to the President’s confirmation.
34. Notes on Ordinary Complaint
An ordinary complaint shall be in writing, under oath and shall be written in a clear, simple, concise language and in systematic manner as to apprise the civil servant concerned of the nature and cause of the accusation against him or her and to enable him or her to prepare his or her defense and answer.
An ordinary complaint shall have the following contents;
- The full name/s and address/es of the complainant/s.
- The full name/s and address/es of the respondent/s, as well as his/her position/s and office of employment.
- A narration of the relevant and material facts which shows the acts or omissions allegedly committed by the civil servant.
- A statement that no other administrative action or complaint against the same party involving the same acts or omissions and issues has been filed before another agency or administrative tribunal.
35. Prima facie
It exists when there is a sufficient ground to engender a well-founded belief that an administrative offense has been committed and that the respondent is probably guilty thereof and should be made subject of a formal charge.
NOTE: If the complaint is dismissed due to lack of prima facie case, the complainant may file a petition for review with the Secretary within fifteen (15) days from the receipt of the order of dismissal. The resolution of the Secretary on the petition shall be final.
36. Preliminary Investigation
It is an inquiry or proceeding whereby the complainant and the respondent are given the opportunity to submit their affidavits and counter-affidavits, as well as of their witnesses. Failure of the respondent to submit his or her counter-affidavit shall be construed as a waiver thereof.
37. Republic Act No. 4670
It is otherwise known as the, “Magna Carta for Public School Teachers”.
38. Order of Preventive Suspension
It is issued by the Disciplining Authority not earlier than the issuance of the formal charge. The Order shall take effect upon the receipt of the respondent thereof.
It means the adjudication by the Disciplining Authority that the respondent is guilty or not guilty of the administrative offense charged, and the imposition of the penalty provided for by law on him or her.
NOTE: The Disciplining Authority shall render the decision within thirty (30) days from the submission of the report of the formal investigation.
The decision shall be in writing, personally and directly prepared by the Disciplining Authority and signed by him or her, and shall contain clearly and distinctly a statement of the facts proved or admitted by the respondent and the legal basis upon which the decision is based.
40. Note on Decision of the Regional Director
The decision of the Regional Director shall be final when the penalty imposed is any of the following;
- Suspension without pay for more than five (5) days.
- Fine equivalent to not more than five (5) days’ salary.
NOTE: When the penalty imposed is suspension for a period of more than five (5) days but not more than six (6) months or fine equivalent to the salary for a period more than five (5) days, the decision shall be appealable to the Secretary.
The decision of the Regional Director shall not be final unless confirmed by the Secretary when the penalty imposed is any of the following;
- Suspension without pay for more than six (6) months.
- Forced resignation
The decision of the Secretary shall be final and unappealable when the penalty imposed is any of the following;
- Suspension for not more than thirty (30) days.
- Fine in an amount not exceeding the salary for thirty (30) days.
41. Notes on Motion for Reconsideration
The filing of a motion for reconsideration shall suspend the reglementary period for an Administrative Appeal. In case that the said motion is denied, the respondent shall have the remainder of the period for an Administrative Appeal, reckoned from the receipt of the Resolution of Denial.
NOTE: The motion for reconsideration shall be based only on any of the following;
- New evidence has been discovered which materially affects the decision rendered.
- The decision is not supported by the evidence on record.
- Errors of law or irregularities have been committed prejudicial to the interest of the movant.
42. Notes on Administrative Appeal
- Only the respondent has the personality to appeal a decision.
- An appeal made by any other person shall be dismissed.
- Decisions rendered by the Regional Director shall be appealed to the Secretary.
- Decisions rendered by the Secretary shall be appealed to the Civil Service Commission
43. Notes on Judicial Review
- A final judgment or order by the Civil Service Commission may be appealed to the Court of Appeals by a verified petition for review fifteen (15) days from notice of the said final order or judgment. The proceedings shall be governed by the Rules of Court.
- The decision of the Civil Service Commission shall continue to be executor unless a temporary restraining order or a writ of injunction is issued by the Court of Appeals.
- A final judgment or order by the Court of Appeals may be elevated to the Supreme Court through a petition of certiorari in accordance with the Rules of Court.