It is expected that the report of the complainant is real, accurate and complete to serve as preliminary evidence to initiate the filing of the complaint, and to proceed to the necessary next steps. Embracing the principle of the "Rule of Law", it is also our duty to protect the rights of the DOTr employees involved.
Please note of the following:
The Constitution contains the provisions concerning every individual's right to Due Process.
The Rules on Electronic Evidence cover all civil actions and proceedings as well as quasi-judicial and administrative cases.
In relation to what is being proposed herein, it is provided also that "audio, photographic and video evidence of events, acts or transactions shall be admissible provided that it shall be shown, presented or displayed to the court and shall be identified, explained or authenticated by the person who made the recording or by some other person competent to testify on the accuracy thereof."
The Rules of Court and pertinent provisions of statutes containing rules on evidence:
The Revised Rules of Administrative Cases in the Civil Service (RRACCS) of November 2011, specifically Section 11 under Rule 3 which deals with disciplinary cases, so that we will be guided accordingly in treating each and every report being sent in by concerned individuals. Section 11 (Requisites of a Valid Complaint), "Except when initiated by the disciplining authority or his/her authorized representative, no complaint against a civil service official or employee shall be given due course unless the same is in writing, subscribed and sworn to by the complainant...."
"No anonymous complaint shall be entertained unless there is obvious truth merit to the allegations therein or supported by documentary or direct evidence...."
The complaint shall contain the following:
• Full name and address of the complainant;
• Full name and address of the persons complained of, as well as his/her/their position(s) and office(s);
• A narration of the relevant and material facts which shows the acts or omissions allegedly commited;
• Certified true copies of documentary evidence and affidavits of other witness(es), if any; and
• Certification or statement of non-forum shopping.
The absence of any of the aforementioned requirements may cause the dismissal of the complaint without prejudice to its re-filing upon compliance with the above requirements.
The DOTr will not tolerate false reports and information, and the same will be dealt with under the law.