CSC Laws and Regulations

1. 1. 1 Adopted from: Civil Service Manual Employee Conduct and

Discipline Fundamentals of Employee Discipline Types and Classification
of Offenses Administrative Proceedings CSC Omnibus Rules on
Discipline Reporter: Charice Praise Toledo Norhac Kali MPA 467 Human
Resource Management CSC Laws and Regulations
2. 2. 2 Discipline generally refers to a person’s self-control, character, or
orderliness and efficiency usually developed through training. In a large
organization like the government, discipline serves as a mechanism for
control of the temperament, interest and action of people within the
organization. Discipline helps coordinate government goals and public
interests. One basic policy of government concerning employee conduct
and discipline states: Public office is a public trust. Public officer and
employees must at all time be accountable to the people, serve them with
utmost responsibility, integrity, loyalty, and efficiency, act with
patriotism and justice, and lead modest lives”. FUNDAMENTALS OF
EMPLOYEE DISCIPLINE
3. 3. 3 Government officers and employees like you are therefore, obliged to
prove that you are deserving of the people’s trust. Trust forms the basis
of your employment and tenure in public service. Once this trust is
broken, you as well as other government officers and employees are held
liable. You are answerable for your misconduct to the people for whom
the government derives its power. The people’s taxes sustain your
salaries and other benefits. You are mere custodians or stewards of
public office. You cannot hold on to your public positions as you please.
You must live by the rules, regulations, norms, conduct and discipline
that are at all times expected of public servants. Public interest come
first and foremost, rising well above personal goals.
4. 4. 4 Employee Discipline Good discipline is a process of education in
which punishment is resorted to only when no other recourse is open. At
the same time it deters others from committing unwanted conduct and
behavior. This is the very same reason behind developmental policy of
the government “to emphasize the positive rather than the punitive
aspect of personnel discipline.” This further means that if you are
administratively disciplined, the object is not primarily to punish you but
to improve public service and to preserve the people’s faith and
confidence in their government. The positive aspect of personnel
discipline supports development of values, skills and attitudes. Giving
due recognition and rewards to you and other officers and employees
who contribute significantly to public service goals and objectives
reinforces this brand of discipline. Employee Discipline
5. 5. 5 Positive or preventive discipline educates and instills in you the
value of exemplary performance, quality outputs and high standards of
behavior. Negative or punitive discipline breeds fear and threat of
punishment and often forces you to obey orders. This kind of discipline
 lapses into autocracy and makes you act only to avoid penalty. In this
way you lack motivation and fulfillment in your work. The power to
discipline, investigate and decide matters involving disciplinary action
against you and other officers and employees rests on the heads of
departments, agencies and instrumentalities, provinces, cities and
municipalities. However, this power to discipline officers and employees
does not exempt the heads of offices from any accountability to the
public. As discussed earlier, “all” includes elective or appointive officials
and employees. In fact, even the President, the Vice president, the
Members of the Supreme Court, the Members of the Constitutional
Commissions, and the Ombudsman may be removed from office, by
impeachment for:
6. 6. 6 1. culpable violation of the Constitution; 2. treason; 3. bribery (direct
or indirect); 4. other high crimes; 5. graft and corruption; or 6. betrayal
of public trust. In such cases, the Houses of Representatives has the
exclusive power to initiate all cases of impeachment. The Senate
meanwhile has the sole power to try and decide all cases of
impeachment. This principle of check and balance in the three branches
of government amplifies the accountability of public officials and
employees to the public.
7. 7. 7 One law relevant to employee conduct and discipline is the Anti-
Graft and Corrupt Practices Act or Republic Act No. 3019 as amended by
Parliamentary Bill No. 453. Another related law is P.D. No. 1606, creating
a special anti-graft court known as Sandiganbayan. The Sandiganbayan
was set up to try graft and corruption cases involving public officials and
employees. This court has jurisdiction over civil and criminal cases
involving graft and corrupt practices and such other offenses committed
by public officers and employees. Meanwhile another law, P.D. 1607
created the Tanodbayan. However, the 1987 Philippine Constitution
changed the Title of Tanodbayan to the Office of the Special Prosecutor.
It will continue to function and exercise its powers as previously
provided, except those conferred on the office of the Ombudsman created
under this Constitution. The Tanodbayan is now known as the
Ombudsman.
8. 8. 8 The Ombudsman and his Deputies, as protectors of the people, are
tasked to act promptly on complaints filed in any form or manner against
public officials or employees of the government, or any its subdivision,
agency or instrumentality, including government-owned or controlled
corporations. Similarly, the general policy on employee conduct and
discipline states, “No officer or employee in the civil service shall be
removed or suspended except for cause as provided by law and after due
process.” This means that you cannot be removed or suspended without
having a chance to defend yourself. However, you can invoke security of
tenure as long as you are competent, honest and productive. If you
violate the norms of acceptable behavior befitting a government officer
and employee, you may be separated from the service.
9. 9. 9 As discussed earlier, public officials and employees are guided by
rules, regulations, norms of conduct and ethical standards. As part of
your general duties and responsibilities, you must: 1. Take an oath or
affirmation to uphold and defend the Philippine Constitution; 2. Submit
a declaration under oath, of your assets, liabilities and net worth and a
disclosure of business interests and financial condition, including those
of your spouse and unmarried children under 18 years of age who are
living in your household. 3. Show allegiance to the State and the
Constitution; 4. Act promptly on letters and requests or respond to
letters, telegrams or other means of communications sent by the public
within fifteen working days from receiving them. The reply must contain
the action taken;
10. 10. 10 5. Process official documents and papers within a
reasonable time from their preparation, an the reply must contain, as far
as practicable, not more than three signatories; 6. Act immediately on
the public’s personal transactions. You must attend to whoever wants
the services of your office and must at all times render prompt, adequate
and courteous service; 7. Make documents accessible to and readily
available for inspection by the public within reasonable working hours;
and 8. Resign from your position in any private business enterprise
within 30 days from your assumption of office and or/or divest yourself
of share holdings or interests in the company within 60 days from such
assumption of office. Divestment must be to a persons other than your
spouse and relatives within the fourth civil degree of consanguinity or
affinity.
11. 11. 11 NORMS OF CONDUCT Pursuant to RA 6713*, the norms of
conduct of public officials and employees that you must observe in the
performance of your official duties are as follows: 1. Commitment to
Public Interest. Always uphold the public interest over and above your
personal interest. All government resources and powers of your office
must be used efficiently, effectively, honestly and economically, to avoid
waste of public funds and revenues.
12. 12. 12 2. Professionalism. Perform your duties with the highest
degree of excellence, intelligence and skill. You must serve with utmost
devotion and dedication to duty. You must also endeavor to discourage
wrong perceptions of your role as dispenser or peddler of undue
patronage. 3. Justness and Sincerity. Remain true to the people at all
times. Be honest, just and sincere. Do not discriminate against anyone,
especially the poor and underprivileged. You are expected to respect at
all times the rights of others and to be honest in all your transactions.
Refrain from doing acts contrary to law, good morals, good customs,
public policy, public order, public safety and public interest. You are not
to dispense or extend undue favors on account of your office to your
relatives except with respect to appointments of such relatives to
positions considered strictly confidential or as members of your personal
staff whose terms are coterminous with yours.
13. 13. 13 4. Political Neutrality. Provide service to everyone, without
unfair discrimination and regardless of party affiliation or preference. 5.
Responsiveness to the Public. Extend prompt, courteous, and adequate
service to the public. Unless otherwise provided by law or when required
by the public interest, provide information on policies and procedures in
clear and understandable language. Ensure openness of information by
public consultations and hearings whenever appropriate. Encourage
suggestions, simplify and systematize policies, rules and procedures, and
avoid red tape. Lastly, develop an understanding and appreciation of the
socio-economic conditions prevailing in the country, especially in
depressed rural and urban areas.
14. 14. 14 6. Nationalism and Patriotism. Be loyal at all times to the
Republic and to the Filipino people, promote the use of locally-produced
goods, resources and technology and encourage appreciation and pride
of country and people. You must endeavor to maintain and defend
Philippine sovereignty against foreign intrusion. 7. Commitment to
Democracy. Commit your self to the democratic way of life and values,
maintain and/or observe the principle of public accountability, and
manifest by deeds the supremacy of civilian authority over the military.
You must at all times uphold the Constitution and put loyalty to country
above loyalty to person or party 8. Simple Living. You and your family are
expected to lead modest lives appropriate to your position and income.
Do not indulge in extravagant or ostentatious display of wealth in any
form.
15. 15. Like penalties will be imposed for light offenses. This means
that if you are penalized by reprimand for the first offense of gambling,
the same penalty will be imposed on Juan if the latter is charged and
found guilty of the same infraction for the first time. TYPES AND
CLASSIFICATION OF OFFENSES AND APPLICATION OF PENALTIES15
TYPES AND CLASSIFICATION OF OFFENSES AND APPLICATION OF
PENALTIES Grave offense is usually punishable by dismissal for your
first offense. Less grave offense carries a penalty of suspension for one
month and one day to six months. The second time you commit the same
offense, you will be dismissed from the service. Light offense is meted the
penalty of reprimand, suspension for one to thirty days and dismissal for
the first, second, and third offense, respectively.
16. 16. Penalties that may be imposed in administrative cases are: A
Under Executive Order No. 292 and Sec. 22 Rule XIV of the Civil Service
Omnibus Rules 1. Dismissal One penalty will be imposed in each case.
“Each case” means one administrative case which may involve one or
more charges or counts. Suppose you are charged with gross discourtesy
in the course of official duties, refusal to render overtime and violation of
reasonable office rules and regulations. These three offenses if committed
simultaneously constitute one administrative case. You will be meted
only one penalty for the three offenses. 16
17. 17. 17 2. Forced resignation 3. Transfer 4. Demotion 5.
Suspension 6. Fine 7. Reprimand B. Under R.A. 6713 1. Administrative
Penalties a. fine not exceeding six months salary
18. 18. 18 b. suspension not exceeding one year c. dismissal 2.
Criminal Penalties a. fine not exceeding five thousand pesos b.
imprisonment not exceeding five years c. imprisonment not exceeding
five years and fine not exceeding five thousand pesos d. disqualification
to hold public office
19. 19. If you are found guilty of two or more charges or of two or
more counts, the penalty imposed should be that one corresponding to
the most serious charge or count and the rest may be considered as
aggravating circumstances. Again, in the example cited above, the
penalty to be imposed on you is the penalty for less grave offense
because gross discourtesy in the course of official duties is a less grave
In deciding penalties to be imposed, mitigating and aggravating
circumstances may be considered. Hence, aggravating circumstances are
circumstances that make worse or more severe the infraction of your
offense. Mitigating circumstances, on the other hand, are circumstances
that make less severe the infraction of your offense. In the previous
example cited (If you are charged with three offenses), You will be
charged with one administrative case for the three offenses will be
considered aggravating circumstances. 19
20. 20. 20 offense and the most serious charge against you. Violation
of reasonable office rules and regulations and refusal to render overtime
classified under light offenses. They will only be considered aggravating
circumstances to your other offense. Mitigating circumstances include: a.
physical illness b. good faith c. length of service in the government d.
analogous circumstances
21. 21. 21 Aggravating circumstances include: a. taking advantage of
official position b. taking undue advantage of subordinate c. undue
disclosure of confidential information d. use of government property in
the commission of offense e. habituality f. offense is committed during
office hours and within the premises of the working office or building g.
employment of fraudulent means to commit or conceal the offense h.
analogous circumstances
22. 22. The penalty of forced resignation entails your disqualification
for employment in the government service for at least one year. However,
it may or may not contain conditions concerning forfeiture of your The
penalty or dismissal entails cancellation of your eligibility, forfeiture of
your leave credits and retirement benefits, and disqualification for
reemployment in the government service. Dismissal does not preclude
your criminal or civil liability.  The disciplining authority may impose
on you the penalty of removal/dismissal from the service, forced
resignation with or without prejudice to benefits, demotion in rank,
 suspension for not more than one year without pay, fine in an amount
not exceeding six months salary, transfer or reprimand. 22
23. 23. The penalty of reprimand whether given by the Civil Service
Commission or the head of department or agency is considered a penalty.
However, a warning or an admonition is not considered a penalty. The
penalty of fine may be imposed instead of suspension from one day to
one month.  The penalty of transfer, or demotion, or fine may be
imposed on you instead of suspension from one month and one day to
one year, except in case of fine which will not exceed six months. 23
leaves credits and retirement benefits, and disqualification for your
reemployment in a specific class of position.
24. 24. In meritorious cases and upon recommendation of the
Commission, the President may commute or remove administrative
penalties or disabilities imposed upon you in disciplinary cases, subject
to such terms and conditions as he/she may impose in the interest of the
service. Reprimand does not include any accessory penalty nor entail
the forfeiture of leave credits, retirement benefits and bonuses that may
be granted. 24
25. 25. 25 RECENT POLICIES ON ADMINISTRATIVE OFFENSES AND
APPLICATION OF PENALTIES Among the most recent issuances on
administrative offenses and application of penalties that have wider
application and relevance to various agencies of the government are: 1.
Attendance and Punctuality Pursuant to CSC Res. No. 97-0406, heads of
agencies can promulgate their own internal rules and regulations on
attendance and punctuality so that you and other employees can incur
less absence and tardiness than the frequency allowed, as discussed in
the succeeding paragraphs. RECENT POLICIES ON ADMINISTRATIVE
OFFENSES AND APPLICATION OF PENALTIES
26. 26. 26 Violations of the rules issued by heads of offices shall
constitute the offense of Violation of Reasonable Office Rules and
Regulations, punishable with reprimand on the first offense, suspension
for one (1) to thirty (30) days on the second, offense, and dismissal on the
third offense. You will be considered habitually absent if you incur
unauthorized absences exceeding the allowable 2.5 days monthly leave
credit under the Leave Law for at least three months in a semester or at
least three consecutive months during the year. This means that the
maximum number of months you can exceed the 2.5 days monthly leave
credit limit in a single semester is two months to avoid being considered
as an offender or habitual absenteeism.
27. 27. 27 Absences exceeding 2.5 days per month backed by a
approved leave of absence do not constitute habitual absenteeism. You
will be considered habitually tardy if you incur tardiness, regardless of
the number of minutes, exceeding ten (10) times a month for at least two
(2) consecutive months during the year. This means that if you have
already been tardy twelve times in a month in a semester, the maximum
 number of tardiness you will incur for the succeeding month is only ten
times so you will not be considered habitually tardy. Further, you should
not be late more than ten times in the month of July if you already
incurred ten times or more tardiness in June of the same year.
28. 28. 28 2. Nepotism is now a grave offense punishable by dismissal.
Nepotism or prohibited appointments made in favor of relatives in
government can be a ground for administrative disciplinary action and
criminal prosecution. As a grave offense, it is punishable by dismissal
from the service even for the first offense. Nepotism means appointing
relatives and members of the family within the third degree of
consanguinity or affinity of the appointing or recommending authority, or
of the chief of the bureau or office, or of the persons exercising immediate
supervision over the appointee. Original, transfer, re-employment and
promotional appointments regardless of status are subject to nepotism.
29. 29. 29 Exempted from the rules on nepotism are: (a) persons
employed in a confidential capacity; (b) teachers; (c) physicians (d)
members of the Armed Forces of the Philippines. There are no restriction
for a member of any family who, after his or her appointment to any
position in an office or bureau, contracts marriage with someone in the
same office or bureau. Thus, both husband and wife may be employed or
retained.
30. 30. 30 3. Sexual Harassment by another employee or officer now
constitutes a ground for disciplinary action. It is a grave offense and
subject to dismissal from the service. Sexual harassment is one of series
of incidents involving unwelcome sex advance, requests for sexual favors
or other verbal or physical conduct of sexual nature, made directly,
indirectly and implied when: (1) such conduct might reasonably be
expected to cause insecurity discomfort, offense or humiliation to
another person or group; or
31. 31. 31 (2) submission to such conduct is made either implicitly or
explicitly a condition of employment, or any opportunity for training or
grant of scholarship; or (3) submission to rejection of such conduct is
used as a basis for any employment decision (including, but not limited
to, matters of promotion, raise in salary, job security and benefits
affecting the employee); or (4) such conduct has the purpose or the effect
of interfering with a person’s work performance, or creating and
intimidating, hostile or offensive work environment. You may be placed
under preventive suspension while an investigation is going on if the
charge against you involves dishonesty, oppression or grave misconduct
or neglect in the performance of duty, or if there are reasons to believe
that you are guilty of charges that warrant your removal from the service.
32. 32. 32 Preventive suspension is not a punishment for your
misconduct in office but considered a preventive measure. It is not
considered part of the actual penalty of suspension imposed upon you, if
found guilty. You can be suspended for a period of not exceeding ninety
(90) days. After 90 days, you will be automatically reinstated even if the
 investigation has not been terminated. But when the delay in the
disposition of the case is due to your fault, negligence or your petition,
the period of delay will not be included in the accounting of the 90
calendar- day suspension.
33. 33. Such other complaints requiring direct action in the interest of
justice. Administrative cases within the Commission’s jurisdiction can
also be filed with any of the Civil Service Regional Office concerned.
ADMINISTRATIVE PROCEEDINGS Civil service examination anomalies;
and  Complaints filed before it and those unacted upon by the agencies;
33 ADMINISTRATIVE PROCEEDINGS The head of agency may initiate
administrative proceedings against a subordinate officer or employee like
you upon sworn, written statement/complaints of any other person. The
Commission, meanwhile has original jurisdiction over all government
officials and employees and can take disciplinary action on all cases
involving:
34. 34. 34 No action is taken on anonymous complaint, unless there is
obvious truth of merit to such allegations. Hence, you will not be
required to answer or comment on anonymous complaint. The
disciplining authority through the complainant’s sworn statement
determines if there is a prima facie case. A prima facie case means that
there is sufficient evidence that you are probably guilty of an offense and
if not refuted by other evidence becomes conclusive that you are guilty. If
the disciplining authority does not find a prima facie case, the complaint
is dismissed.
35. 35. 35 If a prima facie case exists, the disciplining authority will
notify you of the charges against you. He can also issue a formal charge
against you. If you have been formally charged, you will be directed to
answer such charges and you will be informed of your right under
existing laws and rules. Preliminary investigation is an inquiry or
proceeding to submit your affidavit and counter affidavits as well as
those of your witness(es). You as a respondent, is given by the
disciplining authority not less than 72 hours or three days to submit an
answer to the charges. The answer must be in writing and under oath.
Supporting documents and sworn statements may also be submitted. If
your answer is satisfactory, the disciplining authority will dismiss your
case.
36. 36. 36 In your answer, you will indicate whether or not you elect a
formal investigation of the case. Although you do not request a formal
investigation, one should nevertheless be conducted by the disciplining
authority when the merits of the case cannot be decided judiciously
without conducting such investigation. The investigation will be held not
earlier than five days nor later than ten days from the date of receipt of
your answer. The investigation will be completed within thirty (30) days
from the filing of the charges, unless the period is extended by the
Commission in meritorious cases.
37. 37. 37 You (and/or the either party) may avail of the services of a
counsel and may require the attendance of a witness or the production of
documents. You will make a request for the issuance of the necessary
subpoena or subpoena duces tecum at least three (3) days before the
scheduled hearing. The investigation will be conducted to find out the
truth, without necessarily adhering to technical rules applicable in
judicial proceedings. It will be conducted by the disciplining authority
concerned or authorized representative. The decision will be rendered by
the disciplining authority within thirty (30) days from the termination of
the investigation or receipt of the report of investigation, together with
the complete records of your case.
38. 38. 38 The report will be submitted within fifteen (15) days after
the conclusion of the formal investigation. If you feel aggrieved by the
decision of the disciplining authority, you may file a petition with the
agency for a reconsideration of the decision. If still not satisfied with the
decision of the head of agency, you may file an appeal with the
Commission. However, the decision of head of agency is final if the
penalty imposed is suspension for not more than thirty (30) days or fine
not exceeding 30 days salary.
39. 39. 39 CIVIL SERVICE COMMISSION Appeals Decisions of heads
of departments, agencies and provinces, cities, municipalities, and other
instrumentalities imposing penalties exceeding thirty days suspension or
fine in an amount exceeding 30 days salary, may be appealed to the Civil
Service Commission within 15 days from receipt of a copy of the decision.
You will pay a fee at least Php 100 for an appeal filed with the
Commission. A motion for reconsideration may also be filed by the party
adversely affected by the decision of the Commission within 15 days from
receipt of the decision. CIVIL SERVICE COMMISSION
40. 40. 40 When your penalty is dismissal, it is executory only after
the confirmation by the Department Secretary concerned. Judicial
Review Final decisions or orders of the Civil Service Commission are
appealable to the Court of Appeals. Hence, if you are not satisfied with
the decision of the Commission, you may file an appeal by filing a
petition for review with the Court of Appeals within fifteen (15) days from
notice of final order or resolution. The final decision of the CSC are
immediately executory if no petition for review is reasonably filed. if you
feel aggrieved with the decision of the Court of Appeals, you may still go
to the Supreme Court as final arbiter of your case.
41. 41. 41 First Stage Filing of the complaint Determining the
existence of a prima facie case In case a prima facie case exists, formal
charge shall be issued If there is no prima facie case exists, the case
shall be dismissed DOCUMENT and FLOW PROCESS CHART of
ADMINISTRATIVE PROCEEDINGS in DISCIPLINARY CASES
42. 42. 42 Second Stage Issuance of a formal charge If the answer is
satisfactory, the case shall be dismissed Filing of an answer If the answer
 is unsatisfactory, a formal investigation shall be conducted Issuance of a
Preventive Suspension Order, If necessary
43. 43. 43 Third Stage Pre hearing conference Conduct of formal
investigation Rendition of Decision Guilty Not Guilty Motion for
reconsideration on agency’s decision is filed Dismissal of the case Appeal
on the agency’s decision is filed with the Commission Motion for
reconsideration of the Commission’s decision is filed with the
Commission Petition for review is filed with the Court of Appeals, If still
dissatisfied with the Commission’s decision.