12.07.2015 Views

Download this publication - AIDS Data Hub

Download this publication - AIDS Data Hub

Download this publication - AIDS Data Hub

SHOW MORE
SHOW LESS
  • No tags were found...

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

G. ADMINISTRATIVE PROCEEDINGS1. Proceedings against government officers and employeesA victim could also consider pursuing administrative proceedings, whenthe following three elements are present in the case:■■■That the offender is a government officer or employeeThat an act was committed which violates a rightThat the offender used his/her position in furthering the offenseThe standard of proof usually followed in administrative proceedings is“substantial evidence”, much lower than those employed in criminaland civil litigations.Following are some of the possibilities in <strong>this</strong> regard:a. Civil Service Commission (CSC)There have been many instances when the CSC had meted outdisciplinary actions against government employees. A usual caseis grave misconduct, meriting dismissal from the post held, suchas those committed by public school teachers who had madesexual advances on their students.Annex C contains a listing of the various grounds for disciplinaryaction against government officials and employees (as containedin Article IX of Presidential Decree 807). In addition, Republic Act6713, which establishes a code of conduct for public officials,contains a section on prohibited acts and transactions (Section7), among which is the prohibition of the solicitation andacceptance of gifts.Administrative proceedings may be filed against a subordinateofficer or employee by the head of department or office ofequivalent rank, or head of local government, or chiefs or agencies,regional directors, or upon sworn and written complaint of anyother persons. In the case of a complaint filed by any otherpersons, the complainant must submit sworn statements coveringhis/her testimony and those of witnesses together withdocumentary evidence.b. Office of the OmbudsmanThe Office of the Ombudsman gives priority to complaints filedagainst high ranking government officials and/or those occupying40 SEEKING REDRESS FOR HIV-RELATED VIOLATIONS OF HUMAN RIGHTS

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!