Filing of a formal charge by the Prosecution Unit starts the adjudication process of the case.
1. Issuance of Summons
Upon receipt of a Formal Charge, a Summons is issued by the Adjudication Officer which is an order requiring the Respondent in the case to submit an Answer to the Formal Charge within ten (10) working days from receipt of the Summons.
2. Issuance of Notice of Preliminary Conference
After Respondent’s Answer has been received or after the period to file the same has expired, the Adjudication Officer will either set the preliminary conference hearing through the issuance of a Notice of Preliminary Conference, or in lieu of a formal hearing, may opt to directly issue a Preliminary Conference Order. A Notice of Preliminary Conference is a notice informing the parties that a preliminary conference is being scheduled for the parties to discuss and take into consideration the following: (1) The simplicity of the issues; (2) The necessity or desirability of amendments to the pleadings; (3) The possibility of obtaining stipulations or admission of facts and of documents; (4) The limitation of the number of affiant-witness; and (5) Such other matters as may aid in the prompt disposition of the case.
3. Issuance of a Preliminary Conference Order
After the conduct of the preliminary conference, the Adjudication Officer shall issue a Preliminary Conference Order which is an order directing the parties to submit their respective position papers with supporting affidavits and other documentary evidence not later than fifteen (15) days from the receipt of the said Order. Upon submission of the position papers, or upon the expiration of the period to submit position paper in instances that no position paper has been filed, the case shall be deemed submitted for decision.
4. Issuance of the Decision
Within fifteen (15) days from the time the case is submitted or deemed submitted for decision, the Adjudication Officer shall issue the decision or judgment determining the violation/liability of the respondent as charged based on: (a) the relevant facts of the case; (b) the issue/s involved; (c) applicable law and/or jurisprudence; (d) conclusions and reasons therefor; and (e) the relief/s granted, if any, and the administrative penalty/ies imposed, if any.
5. Filing of a Motion for Reconsideration by the aggrieved party
An aggrieved party may file a Motion for Reconsideration with the Adjudication Officer who rendered the decision, requesting the Adjudication Officer to reconsider the decision raising the points in the decision which are not supported by evidence or are contrary to law. The party is allowed by the rules to file only one (1) Motion for Reconsideration within the appeal period, which is fifteen (15) days from receipt of the decision.
6. Filing of Appeal by the aggrieved party
An appeal may be filed, within fifteen (15) days from receipt of the decision/final judgment or order through the filing of a Memorandum of Appeal with the Office of the Secretary, together with a Notice of Appeal to the Adjudication Officer and copy furnished the adverse party/ies.
7. Execution of Decision
This is a process where after the decision has become final and executory, the Adjudication Officer, upon motion of the interested party or motu proprio, will issue an Order of Execution with the corresponding Writ of Execution, requesting the proper Sheriff’s Office to execute said decision.
Source: Department Administrative Order No. 7 Series of 2006