Volume 13 Number 1 - University of the Philippines College of Law

230
National Administrative Register Volume 13/1
the recommendations, shall be submitted by the CODI to the BFSA. The complete records
of the case shall be attached to the Report of Formal Investigation.
If no formal investigation has been conducted, the CODI shall nevertheless submit a
report and a recommendation to the BSFA within fifteen (15) days from receipt of the Answer,
based on the existing records and evidence.
The CODI shall attach a draft decision to its Report of Formal Investigation. The draft
decision shall contain all the material facts and evidence supporting the decision.
The complete records shall be systematically and chronologically arranged, paged,
and securely bound to prevent loss. A table of contents shall be prepared. Whoever is
incharge of the transmittal of the complete records shall be held responsible for any loss or
suppression of pages thereof.
On the next regular or special meeting of the BFSA after the receipt of the Report of
Formal Investigation, the BFSA shall deliberate on the same and render a decision on the
CODIís recommendation.
SECTION 38. When Case is Decided -
1. CASES CONCERNING OFFICERS WITH THE RANK OF FSO IV AND HIGHER:
The BFSA shall submit a recommendation to the Secretary within five days from the
regular or special meeting when the decision on the CODIís recommendation was rendered.
The recommendation of the BFSA shall include the entire records of the case as well as a
draft recommendation to the President. In turn, the Secretary shall submit a recommendation
to the President within fifteen (15) days from receipt of the recommendation of the BFSA.
The President shall render his decision on the case. The applicable rules, regulations, and
guidelines of the Office of the President shall be strictly observed.
2. CASES CONCERNING OTHER PERSONNEL:
The BFSA shall submit a recommendation to the Secretary within five days from the
regular or special meeting when the decision on the CODIís recommendation was rendered.
The recommendation of the BFSA shall include the entire records of the case as well as a
draft decision for consideration of the Secretary. The Secretary shall render his decision on
the case within thirty (30) days from receipt of the recommendation of the BFSA.
SECTION 39. Finality of Decisions - A decision rendered by the disciplining authority
shall be final and executory fifteen (15) days after receipt of the party adversely affected and
no motion for reconsideration or appeal has been filed.
Rule VIII. Remedies
SECTION 40. Filing of Motion for Reconsideration - Any party to the case may file a
motion for reconsideration with the disciplining authority who rendered the same within
fifteen (15) days from receipt thereof.