Adopted through IIEE BOARD Resolution No. 2014-07-72
Presented by the Professional Practice Committee
IIEE RULES IN HANDLING COMPLAINTS
The rules in handling cases was promulgated by the Professional Practice Committee (PPC) pursuant to
Article VIII Sec 3.6 of the Constitution and By-laws of the Institute of Integrated Electrical Engineers of The Philippines, Inc. (IIEE) which vests authority to the PPC to take charge of all matters relating to the professional
practice consistent with the R.A. 7920 otherwise known as New Electrical Engineering Law and other related laws.
AUTHORITY
JURISDICTION
• The PPC shall act on all matters brought before it in accordance with the IIEE Constitution and By-laws.
(Rule I. Section 4. Jurisdiction of the PPC.)
JURISDICTION
• All actions arising from acts or omissions violating the rights of another relating to the practice of Electrical Engineering, R.A. 7920, IIEE Code of Ethics, Electrical Engineers Code, IIEE Manual of Professional Practice and Constitution & By-Laws of the Institute.
• (Rule I. Section 5. Cases Covered.)
JURISDICTION
• Acts or omissions allegedly committed by the IIEE member or by a non-member which has infringed upon the right of an IIEE member;
• (Rule II. Section 6.C.)
JURISDICTION • No anonymous complaint
shall be entertained unless there is obvious truth or merit to the allegations therein or supported by documentary or direct evidence, in which case the person complained of may be required to comment upon discretion of the PPC en banc. (Rule II. Sec. 6)
RULES
• The complaint should be written in a clear, readable simple and concise language and in a systematic manner as to apprise the PPC of the nature and cause of the accusation against the person complained of and to enable the person to intelligently prepare his defense or answer following the format provided in the next slide (Rule II. Section 6.)
• Upon receipt of a complaint which is sufficient in form and substance, the PPC shall require the person complained of to submit a Counter- Affidavit/Comment under oath within fifteen (15) calendar days from receipt thereof. (Rule II. Section 9.)
COMPLAINANT
PERSON COMPLAINED OF
RULES • The complaint shall at least contain the following:
a. Full name and complete address of the complainant;
b. Full name and complete address of the person complained of;
c. a narration of the relevant and material facts which shows the acts or omissions allegedly committed by the IIEE member or by a non-member which has infringed upon the right of an IIEE member;
RULES d. Certified true copies of documentary evidence and affidavits of witnesses, if any; and
e. Certification or Statement of non-forum shopping.
In the absence of any one of the aforementioned requirements, the complaint shall be dismissed. (Rule II. Section 6)
WHEN and WHERE to FILE a COMPLAINT
• A complaint may be filed at anytime with the PPC which may be lodged directly to the IIEE National Office, Regional or Chapter Offices; (Rule II. Sec. 7)
• A complaint against an IIEE member shall not be given due course unless it is in writing and subscribed and sworn to by the complainant in accordance with the Constitution and By-Laws of the Institute. However, in cases initiated by the proper disciplining authority, the complaint need not be under oath. (Rule II. Sec. 6)
WITHDRAWAL of the COMPLAINT
• The withdrawal of the complaint does not result in its outright dismissal nor discharge the person complained of from any liability. Where there is obvious truth or merit to the allegation in the complaint or where there is documentary evidence that would tend to prove the guilt of the person complained of, the same should be given due course
(Rule II. Section 8)
PRELIMINARY INVESTIGATION • This involves evaluation of documents /
records submitted both by complainant and the
person complained of, where both are given
the privileges of submitting affidavits and
counter affidavits.
• Failure of the person complained of to
submit his counter affidavit within the
reglamentary period shall be considered
as a waiver thereof whereby the case
will be adjudicated based on the
documents submitted.
(Rule II. Section 10)
PRELIMINARY INVESTIGATION
• If necessary, both parties maybe called for
further clarifications
• If counter affidavit is received, PPC may decide
whether it warrants that formal investigation
shall proceed.
• Fact-finding investigation follows which serves
as preliminary investigations for the
proceedings.
DURATION of the INVESTIGATION
A preliminary investigation shall
commence not later than fifteen (15)
calendar days from receipt of the
complaint by the PPC or earlier
depending upon the merit of the case
and shall be terminated within sixty
(60) calendar days thereafter.
(Rule II. Section 11)
INVESTIGATION REPORT
Within fifteen (15) calendar days
from the termination of the
preliminary investigation, the
investigating officer shall submit
the Investigation Report and the
complete records of the case to
the PPC en banc.
(Rule II. Section 12)
DECISION or RESOLUTION After PRELIMINARY INVESTIGATION
If a prima facie case is established
during the investigation, a formal
charge shall be issued by the
PPC. In the absence of a prima
facie case, the complaint shall be
dismissed.
(Rule II. Section 13)
FORMAL CHARGE to the RESPONDENT
After a finding of a prima facie case, the
person complained of shall be formally
charged. The formal charge shall contain:
A specification of the charge(s)
A brief statement of material or relevant facts,
accompanied by certified true copies of the documentary
evidence, if any
Sworn statements covering the testimony of witnesses
FORMAL CHARGE to the RESPONDENT
A directive to answer the charge(s) in
writing under oath within fifteen (15)
calendar days from receipt thereof
An advice for the respondent to indicate in
his answer whether or not he elects a
formal investigation of the charge(s)
Notice that he is entitled to be assisted by
a counsel of his choice.
FORMAL CHARGE to the RESPONDENT
If the respondent has submitted his
comment and counter affidavits
during the preliminary investigation,
he shall be given the opportunity to
submit additional evidence.
FORMAL CHARGE to the RESPONDENT
The PPC shall not entertain requests for
clarification, bills of particulars or motions
to dismiss which are obviously designed
to delay the administrative proceedings.
If any of these pleadings are interposed
by the respondent, the same shall be
considered as an answer and shall be
evaluated as such.
(Rule II. Section 14)
ANSWER
The answer, which is in writing and under
oath, shall be specific and shall contain
material facts and applicable laws, if any,
including documentary evidence, sworn
statements covering testimonies of
witnesses, if there be any, in support of the
case. It shall also include a statement
indicating whether or not the respondent
elects a formal investigation.
(Rule II. Section 15)
FAILURE to FILE an ANSWER
If the respondent fails or refuses to file
his answer to the formal charge within
fifteen (15) calendar days from
receipt thereof, the respondent shall be
considered to have waived the right
thereto and formal investigation may
commence.
(Rule II. Section 16)
Conduct of Formal Investigation
Even the respondent does not request a
formal investigation, one shall nevertheless be
conducted by the PPC where from the
allegations of the complaint and the answer of
the respondent, including the supporting
documents of both parties, the merits of the
case cannot be decided judiciously without
conducting such investigation.
Conduct of Formal Investigation
The investigation shall be held not earlier than
fifteen (15) calendar days not later than
thirty (30) calendar days from receipt of the
respondent’s answer. Said investigation shall
be finished within sixty (60) calendar days
from the issuance of the formal charge or the
receipt of the answer unless the period is
extended by the PPC in meritorious cases.
(Rule II. Section 17)
PRE-HEARING CONFERENCE
At the commencement of the formal
investigation, the PPC may conduct a
prehearing conference for the parties
to appear, consider and agree on any
of the following:
PRE-HEARING CONFERENCE
Stipulation of facts;
Simplification of issues;
Identification and marking of evidence of the
parties;
Waiver of objections to admissibility of
evidence;
Limiting the number of witnesses, and their
names;
Dates of subsequent hearings; and
Such other matters as may aid in the prompt
and just resolution of the case.
PRE-HEARING CONFERENCE
The parties may submit position
paper/memoranda and submit the
case for resolution based on the
result of the prehearing conference
without any need for further hearings.
(Rule II, Section 18)
Parties may enter into an amicable settlement or submit to any of the alternative modes of dispute resolution at any time during the pendency of the case but before the PPC has rendered a decision. (Rule II. Section 19)
AMICABLE SETTLEMENT
Continuous Hearing Until Terminated; Postponement
Hearings shall be conducted on the
hearing dates set by the PPC or as
agreed upon during the pre-hearing
conference.
Continuous Hearing Until Terminated; Postponement
Where no pre-hearing conference is conducted, the
parties, their counsel and witnesses, if any, shall be
given a notice of at least fifteen (15) calendar days
before the first scheduled hearing specifying the time,
date and place of the said hearing and subsequent
hearings. Thereafter, the schedule of hearings
previously set shall be strictly followed without further
notice. A party shall be granted only two (2)
postponements upon oral or written requests. A third
postponement may be granted only upon written
request and subject to the discretion of the PPC.
Continuous Hearing Until Terminated; Postponement
If the respondent fails or refuses to
appear during the scheduled hearings
despite due notice, the investigation
shall proceed ex parte and the
respondent is deemed to have waived
the right to be present and to submit
evidence in favor during those hearings.
(Rule II. Section 20)
ORDER of HEARING Unless the PPC directs otherwise, the order
of hearing may be as follows:
a. The prosecution shall present its evidence
subject to the pre -hearing agreement;
b. Cross-examination by the party;
c. There may be redirect and re-cross
examination;
d. The respondent shall then offer evidence in
support of his defense following the same
order;
e. Rebuttal and sur-rebuttal, if any.
ORDER of HEARING When the presentation of evidence has been
concluded, the parties shall formally offer their
evidence either orally or in writing and thereafter
objections thereto may also be made either
orally or in writing. After which, both parties may
be given time to submit their respective
memorandum which in no case shall be beyond
fifteen (15) calendar days after the termination of
the investigation. Failure to submit the same
within the given period shall be considered a
waiver thereof.
(Rule II. Section 23)
DECISION of the CASE
The IIEE-BOG shall render the
decision on the case within
sixty (60) calendar days from
receipt of the Report of
Investigation.
(Rule II. Section 32)
Filing of Motion for Reconsideration
The party adversely affected by
the decision may file a motion for
reconsideration with the IIEE
BOG who rendered the same
within fifteen (15) calendar
days from receipt thereof.
(Rule III. Section 34)
WHEN DEEMED FILED
A motion for reconsideration sent by
mail shall be deemed filed on the
date shown by the postmark on the
envelope which shall be attached to
the records of the case and in case
of personal delivery, the date
stamped thereon by the proper
office.
(Rule III. Section 35)
Grounds for Motion for Reconsideration.
The motion for reconsideration shall be based on
any of the following:
New evidence has been discovered which
materially affects the decision rendered, or
The decision is not supported by the evidence
on record, or
Errors of law or irregularities have been
committed prejudicial to the interest of the
movant.
(Rule III. Section 36)
EFFECT of FILING
The filing of a motion for
reconsideration within the
reglamentary period of fifteen (15)
calendar days shall stay the
execution of the decision sought to
be reconsidered.
(Rule III. Section 38)
FILING of APPEALS
Decisions imposing a penalty
exceeding thirty (30) days
suspension or expulsion from IIEE
membership, may be appealed to
the IIEE-BOG within a period of
fifteen (15) calendar days from
receipt thereof.
Pending appeal, the same shall be
executory except where the penalty
is expulsion, in which case the same
shall be executory only after
reconfirmation by the IIEE-BOG.
(Rule III. Section 39)
When Case is Remanded for Violation of Respondent’s Right to Due Process
If the case on appeal is remanded to the PPC
for further investigation, the PPC shall finish
the investigation within three (3) calendar
months from the date of receipt of the records,
unless the investigation is delayed due to the
fault, negligence or petition of the respondent,
or an extension is granted by the IIEE-BOG in
meritorious cases. The period of delay shall
not be included in the computation of the
prescribed period.
When Case is Remanded for Violation of Respondent’s Right to Due Process
Within fifteen (15) days from the
termination of the investigation, the IIEE-
BOG shall render its decision. If at the
end of said period, the IIEE-BOG fails to
decide the case, the decision shall be
vacated and set aside, the respondent
shall be exonerated of the charge.
(Rule III. Section 40)
Recommendation for Reinstatement of Membership
In meritorious cases and upon
recommendation of the PPC, the
IIEE-BOG may commute or remove
penalties or disabilities imposed
upon IIEE members, subject to such
terms and conditions as it may
impose in the interest of the IIEE.
Recommendation for Reinstatement of Membership
For this purpose, a petition for a favorable recommendation for
the grant of clemency may be filed by a disciplined member with
the IIEE BOG upon submission of the following:
a. certified true copy of the decision in the disciplinary case
with a favorable recommendation by the PPC;
b. certification from three (3) reputable IIEE members who
vouched that the respondent has become a practitioner of
good standing.
c. proof of non-pendency of an appeal/petition for review
relative to his disciplinary case before any court/tribunal;
(Rule III. Section 41)
Penalties
Penalties will be provided in detail
in the IIEE Manual of Professional
Practice but it is not limited to the
following:
1. Suspension
2. Removal from IIEE
Membership
3. Institution of Legal Action
(Rule IV. Section 42)
2015 PPC COMMITTEE • Antonio S. Guevarra-
Member
• Jesus B. David - Member
• Ariel O. Soriano - Member
• Rolan J. Dio - Member
• Marli A. De Fiesta – Member
• Dominador N. Valmonte, Jr. - Member
• Leo S. Cabasag –Vice Chairman
• Marlon F. Parot - Chairman