1. STATEMENT OF POLICY
It is the responsibility of the concerned member of the IMC in cases of face-to-face meetings and teleconferences, to refer and fully disclose the WR to IMC. The concerned member of the IMC shall ask the Whistleblower if he/she is willing to sign the transcript of the discussions between them.
14.3. PRELIMINARY INVESTIGATION OF WHISTLEBLOWING REPORTS
The concerned IMC member receiving WRs shall coordinate with the IMC Head for an initial evaluation of the information provided therein.
The information in a WR, whether anonymously filed or not, may be considered sufficient in form if:
- The Gendiesel Office/Officer concerned is identified;
- The Respondent is identified by his full name and position;
- Violations and/or charges are specified, including the relevant material facts (e.g., nature of the incident, time and places of the incident, persons involved, evidence, if any, and other important matters necessary to establish a case);
- The corresponding law, rules, or regulations of Gendiesel violated are specified; and
- Documents in support of the allegations are submitted.
The IMC Head will make the initial determination of whether or not information provided may be considered as a Reportable Condition, in which case the IMC Head will refer the same to the IMC for appropriate action.
If the IMC Head determines that such information does not qualify as a Reportable Condition, the same may be treated as an ordinary complaint which will be acted on in accordance with the rules provided for in the Program.
The IMC reserves the right to disregard WRs that are vague, ambiguous, patently without merit, or are clearly harassment complaints against the Respondent/s. The IMC shall communicate his/her initial findings on such WRs to the Whistleblower who will be given the opportunity to substantiate the same, failing in which the matters raised in the WR will be considered closed and terminated.
14.4. FULL INVESTIGATION
If the IMC finds the WR sufficient in form and substance, the IMC shall conduct an investigation, part of which will involve informing the Respondent of the allegations against him/her and requiring the Respondent to submit comments within fifteen (15) days from receipt thereof. The IMC may also seek the assistance of other government agencies in the conduct of investigation of the WRs.
The IMC shall then furnish the Whistleblower a copy of the comments of the Respondent, and give him/her the opportunity to provide more information or controverting evidence. If the Whistleblower submits additional information or evidence, the IMC shall likewise give Respondent the opportunity to submit rebutting evidence.
If the IMC is satisfied that all information and evidence necessary for the resolution of the WR are already on hand, it may proceed to draft the corresponding resolution of the WR, and submit its recommendations to the Gendiesel Board of Directors.
The IMC shall submit to Gendiesel Board of Directors a quarterly status report of all WRs with the corresponding actions taken thereon.
15. FINAL ACTIONS ON THE WRs
(a) In cases of WRs against Gendiesel directors, officers or employees, the IMC may pursue any of the following actions:
(i) Dismiss the WR outright for want of palpable merit;
(ii) Submit a formal recommendation to the Gendiesel Board of Directors for the appropriate administrative action against the Respondent.
(b) In the event the WR is against suppliers or other persons having commercial dealings with Gendiesel, submit a formal recommendation to Gendiesel Board of Directors on the appropriate action to take against the Respondent.
(c) Recommend to the Gendiesel Board of Directors the manner by which to comply with applicable laws or jurisprudence and/or to undertake corrective measures to address the matters raised in the complaint.
(d) In all cases of WRs, IMC may consider the WR closed and terminated if the response of the Respondent is found to be adequate.
This Circular shall take effect immediately upon its publication in Gendiesel’s website: www.gendiesel.com.
17. REPEALING CLAUSE
All existing rules, regulations and other issuances or portions thereof inconsistent with the provisions of this Policy are hereby modified, repealed or revoked accordingly.
Mail: Atty. Cesar L. Villanueva, 20/f 139 Corporate Center, 139 Valero St., Salcedo Village, Makati City
Phone Call: (632) 813-32-09
Fax: (632) 813-32-02