Department of Education

REVISED RULES OF PROCEDURE

OF THE
DEPARTMENT OF EDUCATION
IN ADMINISTRATIVE CASES
 “In administrative cases the object
sought is NOT the punishment of
the officer or employee BUT the
improvement of the public service
and the preservation of the public’s
faith and confidence in our
government.”
GRAVE OFFENSES
LESS GRAVE OFFENSES
LIGHT OFFENSES
 Suspension of six (6) months
and 1 day to One (1) Year
 DISMISSAL
The penalty of DISMISSAL carries with it:
 Cancellation of Eligibility
 Forfeiture of Retirement Benefits
 Perpetual Disqualification for
Reemployment in the
Government
 GROSS NEGLECT OF DUTY –
a failure of a public officer to
perform some of the duties of his
office. It becomes gross when it
seriously endangers or threatens
public welfare or causes death or
injury.
- a flagrant refusal or
unwillingness of a public
officer to perform a duty
which is incumbent to his
position.
 DISHONESTY –
an intentional violation of the
truth. There is misrepresentation of
fraud committed; It is the
concealment or distortion of truth
in relation to his office or function.
 It has been substantially established that
respondent SANTOS actually reported for work at
Lagro Elem. School in Quezon City. However, evidence
shows that respondent, instead of rendering the
required no. of hours of work, went to a private school
(of which she was President/Chairman) in San Jose Del
Monte, Bulacan. It is therefore clear that respondent
deliberately made it appear that she reported for work
on 20 August 1997, when in truth, she attended a
private function and was physically absent from
school.
 The respondent’s act of punching
her Daily Time Record constitutes
Dishonesty for making it appear
that she was present for work
when in fact she was
absent therefrom.
 Dismissal from service with
forfeiture of benefits equivalent to
twelve (12) months salary and
temporary disqualification for re-
employment in the government for
one (1) year;
 Additional fine of P5,000
 Misconduct is an intentional wrongdoing or
deliberate violation of a rule of law or
standard of behavior;
 Connected with the performance his official
functions and duties;
 In grave misconduct, there is corruption, clear
intent to violate the law or flagrant disregard
of an established rule or law
 Whether the employee is widely known to
be a trouble maker or it is of common
knowledge that the public officer has
committed acts that are offensive to the
school, the students or its teachers;

 Whether he has acquired the habit of

committing misdemeanors
 Conviction by Final Judgment
 An act which is immoral in itself or
inherently immoral such as crimes of
sexual assault
 May not necessarily be in relation to his
function since the act is inherently evil in
itself
 False entries in the DTR even on
a single date which was made
with malice or intent clearly
constitutes falsification of official
document.
 Remolona vs. CSC
(G.R. No. 137473, August 2, 2001)

“It is NOT necessary that the government

suffered material damage. Although
there was no pecuniary damage to the
government, still falsification constitutes
gross dishonesty. Such unlawful act
cannot be countenanced.”
 Falsification by public officer, employee or
notary or ecclesiastic minister. —

The penalty of Prision Mayor and a fine not

to exceed P5,000 pesos shall be imposed
upon any public officer, employee, or
notary who, taking advantage of his official
position, shall falsify a document through
the acts enumerated therein.
 Counterfeiting or imitating any handwriting
or signature;
 Making it appear that persons have
participated in any act when in fact they have
not;
 Untruthful statements in a narration of facts;
 Altering true dates;
 Any alteration in a genuine document that
changes its meaning
 A conduct that is willful, flagrant or
shameless which shows a moral
indifference to the opinions of the
respectable members of the
community.
(Nalupia, Jr. vs. Tapec,220 SCRA 505, 1993;
Badel vs. Badel, 273 SCRA 637)
“Teachers serve as example to their pupils
and act as second parents inside the school.
Thus it is only right that teachers must
adhere to the standards of morality and
decency. While there is no yardstick for
morality, a teacher should at all times
display exemplary behavior both in his
official and personal conduct.
The personal behavior of teachers must
always be in accordance with the basic rules
of decency and proper conduct especially in
their romantic affairs.
A teacher should avoid behavior that would
create a SUSPICION of immorality because
of the possible impression it might have on
her students who look up to them as their
models.”
 The physical or mental incapacity has
been observed for an extended period;
the incapacity impairs the employee’s
ability or capacity to work.
(Rogamos vs. MCWD, G.R. No. 156100, Sept.
12, 2007)
 Incompetence has been defined as
lack of ability, legal qualification or
fitness to discharge the required
duty, want of physical or intellectual
or moral fitness.

(Homecillo, CSC Res. No. 97-0792)

 Inefficiency implies negligence,
incompetence, ignorance and
carelessness in his duties.

(Suroza vs. Honrado, 110 SCRA 388)

 Habitual absence –
unauthorized absence exceeding
2.5 days monthly leave credit for
3 months in a semester or
3 consecutive months in a year.
(Sec. 22-q, Rule XIV, Omnibus Rules, EO 292)
 Habitual Tardiness – if one is late
for work, regardless of the number
of minutes, ten (10) times a month
for two (2) months in a semester or
two (2) consecutive months in a
year. (CSC Memorandum Circular No. 04, s.
1991)
 GROSS INSUBORDINATION –
the utter disregard of lawful
directives of the employer or
superior or the refusal to obey
reasonable orders in relation to
his office or function.
 An act which results to an
undue prejudice, damage or
injury to the interest of the
service or tends to create a
disorder or disruption in the
stability of the office or the
Department.
 Engaging in partisan political activities by
one holding a non-political office
 Receiving for personal use a fee, gift or
other valuable thing in the course of official
duties in the hope or expectation of
receiving a favor
 Contracting loans from persons with whom
the office of the employee has business
relations (Conflict of interest)
 Soliciting or accepting any gift, gratuity,
favor or anything of monetary value in
connection with any transaction which may
be affected by the function of his office;
 Nepotism except teachers, physicians and
persons employed in confidential capacity;
 Disloyalty to the country and to the Filipino
people;
 Oppression;
 Directly or indirectly having financial or
material interest in a transaction requiring
approval of his office (COI);
 Owning, controlling, managing or
accepting employment in a private
enterprise regulated by his office unless
authorized by law;
 Disclosing or misusing confidential
information to further his private interest
 Using any statement filed under the Code of
Conduct for Public Officials and Employees
for purposes contrary to morals or public
policy;
 Recommending any person to a private
enterprise which has a transaction with his
office unless mandated by law
 Penalty is Suspension for one (1)
month and one (1) day to six (6)
months up to DISMISSAL
 Simple Neglect of Duty
 Simple Misconduct
 Gross Discourtesy
 Violation of Civil Service Law
 Insubordination
 Habitual Drunkeness
 Unfair discrimination due to party affiliation
or preference;
 Failure to file SALN including those of their
spouses and unmarried children below 18
and living with them;
 Failure to resign from his position in a private
enterprise within 30 days from assumption of
public office when there is conflict of interest
or failure to divest of his interest within 60
days from assumption to office;
 Penalty is Suspension of one
(1) to thirty (30) days up to
DISMISSAL on the 3rd offense
 Discourtesy in the course of duties
 Improper or unauthorized solicitation of
contributions from subordinates and by
teachers or school officials from their
students
 Violation of reasonable office rules and
regulations
 Habitual tardiness (any activity or seminars)
 Illegal gambling
 Refusal to render overtime service (when
there is a need or exigency)
 Disgraceful, immoral or dishonest conduct
prior to entering the service
 Borrowing money by a superior from a
subordinate
 Lending money at usurious (unreasonable)
rates of interest
 Willful failure to pay just debts or to pay taxes
(claims adjudicated by court or those admitted
by the debtor);
 Lobbying for personal interest or gain in
legislative offices without authority;
 Promoting the sale of tickets in behalf of a
private enterprise and are not intended for
charity or public welfare
 Engaging in private practice or
profession unless authorized by law or
regulation and provided such will NOT
conflict with his official functions;
 Pursuit of private business or profession
WITHOUT the required permission.
Atty. Marricar Endico-Runez
Legal Officer III, DepEd Lapu-Lapu City Division