Administrative Offenses

Sec. 1, Art. XI, Philippine Constitution

Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

CLASSIFICATION OF OFFENSES
GRAVE OFFENSES
Penalty: 1ST Offense: six (6) months and one (1) day to

one (1) year Suspension / Dismissal from the service

LESS GRAVE OFFENSES

Penalty: 1st Offense: thirty (30) days to six (6) months

Suspension

LIGHT OFFENSES
Penalty: 1st Offense: Reprimand
n.b. fifty 0ne (51) acts or omissions committed by a public servant constitute an administrative offense.

SCHEDULE OF PENALTIES
GRAVE OFFENSES
1. 2. 3. 4. Gross Neglect of Duty Dishonesty Grave Misconduct Being Notoriously Undesirable Conviction of a crime involving moral turpitude Falsification of official document 7. Physical or mental incapacity or disability due to immoral or vicious habits Engaging directly or indirectly in partisan political activities by one holding non-political office 9. Receiving for personal use of a fee, gift or other valuable thing in the course of official duties xxx

8.

5.

6.

SCHEDULE OF PENALTIES
GRAVE OFFENSES
10. Contracting loans of money or other property from persons with whom the office of the employee has business relations 11. Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value which in the course of his official duties xxx 12. Nepotism 13. Disloyalty to the Republic of the Philippines and to the Filipino people 14. Oppression 15. Disgraceful and immoral conduct

SCHEDULE OF PENALTIES
GRAVE OFFENSES
16. Inefficiency and incompetence in the performance of official duties 17. Frequent unauthorized absences or tardiness xxx 18. Refusal to perform official duty 19. Gross insubordination 20. Conduct prejudicial to the best interest of the service 21. Directly or indirectly having financial and material interest in any transaction xxx 22. Owning, controlling, managing or accepting employment xxx in any private enterprise regulated, supervised or licensed by his office, unless expressly allowed by law.

SCHEDULE OF PENALTIES
GRAVE OFFENSES
23. Disclosing or misusing confidential or classified information xxx 24. Obtaining or using any statement filed under the Code of Conduct and Ethical Standards for Public Officials and Employees xxx 25. Recommending any person to any position in a private enterprise which has a regular or pending official transaction with his office, xxx

SCHEDULE OF PENALTIES
LESS GRAVE OFFENSES
1. 2. 3. Simple neglect of duty Simple misconduct Gross discourtesy in the course of official duties Violation of existing Civil Service Law and rules of serious nature Insubordination 6. 7. Habitual Drunkenness Unfair discrimination in rendering public service due to party affiliation or preference. 8. Failure to file sworn statements of assets, liabilities and net worth, and disclosure of business interest and financial connections xxx

4.

5.

SCHEDULE OF PENALTIES
LESS GRAVE OFFENSES
9. Failure to resign from his position in private business enterprise within thirty (30) days from assumption of public office xxx 6. 7. Habitual Drunkenness Unfair discrimination in rendering public service due to party affiliation or preference. 8. Failure to file sworn statements of assets, liabilities and net worth, and disclosure of business interest and financial connections xxx

SCHEDULE OF PENALTIES
LIGHT OFFENSES
1. Discourtesy in the course of official duties Improper or unauthorized solicitation of contribution from subordinate employees and by teachers or school officials from school children. 3. Violation of reasonable office rules and regulations Frequent unauthorized tardiness (Habitual Tardiness) Gambling prohibited by law 6. Refusal to render overtime service Disgraceful, immoral or dishonest conduct prior to entering the service Borrowing money by superior officers from subordinates

2.

7.

4.

5.

8.

SCHEDULE OF PENALTIES
LIGHT OFFENSES
9. Lending money at usurious rates of interest 10. Willful failure to pay just debts xxx 11. Lobbying for personal interest or gain in legislative halls and offices without authority 12. Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purposes and even in the latter cases, if there is no prior authority 13. Failure to act promptly on letters and request within fifteen (15) days from receipt, xxx 14. Failure to process documents xxx within a reasonable time xxx

SCHEDULE OF PENALTIES
LIGHT OFFENSES
15. Failure to attend to anyone who wants to avail himself of the service of the office, or act promptly and expeditiously on public transaction 16. Engaging in private practice of his profession xxx 17. Pursuit of private business, vocation or profession without the permission required by Civil Service rules and regulations

COMMONLY COMMITTED ADMINISTRATIVE OFFENSES

DISHONESTY
Any act which shows lack of integrity or a disposition to defraud, cheat, deceive or betray. It also consists of an intent to violate the truth.

1st Offense: DISMISSAL from the service

Common Examples of Dishonest Acts

Stealing government property Cheating in Principals Test Fraudulent Reimbursements

False information on applications for promotion

Erroneous entry on SAL False entries in Form 48, Form 6, Form 212

False entry on PDS

FALSIFICATION OF OFFICIAL DOCUMENTS

To counterfeit or forge; to make something false; to give a false appearance to anything. The alteration of, addition to, or tampering with a record or document. 1st Offense: DISMISSAL from the service

Notes on Falsification
Important Elements: 1)Malicious intent; 2) Prejudice to the Government or to an innocent third party Documents commonly falsified

Form 48 (DTR), Form 212 (PDS), Diploma, OTR, Certificates, Official Receipts submitted for liquidation, Medical Certificates, Certificates of Appearance, Form 137/138, Vouchers, Birth Certificates, Marriage Certificates, Death Certificates, PRC Ratings, CSC Eligibility

Notes on Falsification To be administratively liable for the use of a falsified document, it must be shown that the respondent knew of the falsity of the document yet went on to use it. It must be shown that respondent had knowingly introduced in evidence a falsified document. Falsification cannot be presumed. It must be proved.

GRAVE MISCONDUCT
The transgression of some established or definite rule of action more particularly unlawful behavior or gross negligence by the public officer.

1st Offense: DISMISSAL from the service

Notes on Grave Misconduct

Important Elements: 1) Act must have been committed in the course of official functions; 2) Either mala in se or mala prohibita Common Acts constituting Grave Misconduct

Violation of R.A. 7610 (Child Abuse), R.A. 7787 (Sexual Harassment), R.A. 3019 (Anti-Graft & Corrupt Practices Act), R.A. 9184 (Government Procurement Act)

GROSS NEGLECT OF DUTY

Implies wanton negligence and open disregard for ones duties and function and omission or refusal without sufficient causes to perform an act or duty which is the officers legal obligation to perform.

1st Offense: DISMISSAL from the service

Notes on Gross Neglect

**Acts grossly disadvantageous to the government
Common Cases of Gross Neglect of Duty Death or injury suffered by pupil in school or during activity sanctioned by school officials Loss or Destruction of government property Lesson Plan

Inefficiency and incompetence in the performance of official duties

The manifest lack of adequate ability and fitness for the satisfactory performance of official duties by reason of the officers vice or vicious habit.

1st Offense: 6 months and 1 day to 1 year

SUSPENSION
2nd Offense:

DISMISSAL from the service

Notes on Inefficiency & Incompetence

Inefficiency Repeated failure to perform ones official functions to the prejudice of the government or the lack of ability to perform satisfactorily

Incompetence Manifest inability to perform functions because of sickness, poor health, vicious habits, or utter ignorance
Ex. Deafness, dementia

GROSS INSUBORDINATION
A deliberate and willful refusal to comply with a lawful order of a higher authority. 1st Offense: 6 months and 1 day to 1 year

SUSPENSION
2nd Offense:

DISMISSAL from the service

Discourtesy in the course of official duties

1st Offense: Reprimand 2nd Offense: 1 day to 30 days SUSPENSION 3rd Offense:

DISMISSAL from the service

Notes on Discourtesy and Insubordination Discourtesy Insubordination

Disregard of rank, age or gender Committed in the course of functions Unbecoming a government employee

Order must be lawful Must be related to subordinates function Must be reasonable

WILLFUL REFUSAL TO PAY JUST DEBTS

Only claims adjudicated by a court of law; and the existence and justness of which are admitted by the debtor.

1st Offense: Reprimand

2nd Offense: 1 day to 30 days SUSPENSION 3rd Offense:

DISMISSAL from the service

Notes on Willful Refusal to Pay a Just Debt

Elements: 1)A court decision; or 2) Admission by Debtor; or 3) Debtor has entered compromise agreement

Notes on Willful Refusal to Pay a Just Debt

Creditor has no standing to seek action from DepEd because 1) DepEd is not privy to contract/agreement; and 2) DepEd is not the proper party to compel payment. Recourse must be made to the Courts and not to the DepEd, which has no authority to ascertain validity of claims by the debtor

DISGRACEFUL AND IMMORAL CONDUCT

A teacher who has professional and moral obligation to lead an exemplary life in the community should be free from suspicion and the stigma of immorality. 1st Offense: 6 months and 1 day to 1 year

SUSPENSION
2nd Offense:

DISMISSAL from the service

Notes on Disgraceful & Immoral Conduct

Issue of Morality
Query?

Does a public school teacher commit this offense if she becomes pregnant without the benefit of marriage? What is the liability of a teacher if she has an affair with a married man?

 What

is to be presumed when an unmarried woman becomes pregnant?

Under these tests, two things may be concluded from the fact that an unmarried woman becomes pregnant out of wedlock:
(1) if the father of the child is himself unmarried, the woman is not ordinarily administratively liable for disgraceful and immoral conduct. It may be a not-so-ideal situation and may cause complications for both mother and child but it does not give cause for administrative sanction. There is no law which penalizes an unmarried mother under those circumstances by reason of her sexual conduct or proscribes the consensual sexual activity between two unmarried persons. Neither does the situation contravene any fundamental state policy as expressed in the Constitution, a document that accommodates various belief systems irrespective of dogmatic origins.

(2) if the father of the child born out of wedlock is himself married to a woman other than the mother, then there is a cause for administrative sanction against either the father or the mother. In such a case, the "disgraceful and immoral conduct" consists of having extramarital relations with a married person. The sanctity of marriage is constitutionally recognized and likewise affirmed by our statutes as a special contract of permanent union.

CIRCUMSTANCES AFFECTING THE PENALTY TO BE IMPOSED

The following circumstances shall be appreciated:

1.Physical illness;
2.Good faith; 3.Taking undue advantage of official position;

4.Taking undue advantage of subordinate;

5.Undue disclosure of confidential information; 6.Use of government property in the commission of the offense; 7.Habituality; 8.Offense is committed during office hours and within the premises of the office or building;

9.Education; or

10.Other analogous circumstances.