DEFINITION

Grave Misconduct and Immorality

Misconduct is “a transgression of some established and definite rule of action, more particularly, unlawful
behavior or gross negligence by a public officer.” The misconduct is grave if it involves any of the
additional elements of corruption, wilful intent to violate the law or to disregard established rules,
which must be established by substantial evidence.

The penalty imposable for the offense of Grave Misconduct is dismissal from the service. Moreover,
the penalty of dismissal from the service carry with it cancellation of eligibility, forfeiture of retirement
benefits, perpetual disqualification from holding public office and bar from taking the civil service
examinations.

Immoral conduct means conduct that is willful, flagrant or shameless, and which shows a moral
indifference to the opinion of the good and respectable members of the community. The same shall be
punishable by suspension of six (6) months and one (1) day to one (1) year for the first offense and
dismissal from the service for the second offense
http://www.csc.gov.ph/forum/forum/penalties/554-grave-misconduct-and-immorality#:~:text=Misconduct%20is%20%E2%80%9Ca
%20transgression%20of,to%20disregard%20established%20rules%2C%20which

OMBUDSMAN VS. DELEON: A public official is guilty of grave misconduct when he neglects to
act upon a complaint about a violation of the law he is enforcing. He may be suspended or dismissed
from office for his first offense. Gross neglect of duty or gross negligence "refers to negligence
characterized by the want of even slight care, or by acting or omitting to act in a situation where
there is a duty to act, not inadvertently but wilfully and intentionally, with a conscious indifference to
the consequences, insofar as other persons may be affected. It is the omission of that care that even
inattentive and thoughtless men never fail to give to their own property." 22 It denotes a flagrant and
culpable refusal or unwillingness of a person to perform a duty.23 In cases involving public officials,
gross negligence occurs when a breach of duty is flagrant and palpable. 24

In contrast, simple neglect of duty means the failure of an employee or official to give proper
attention to a task expected of him or her, signifying a "disregard of a duty resulting from
carelessness or indifference."25

TAYABAN VS. PEOPLE: Bad faith does not simply connote bad judgment or negligence; it imputes
a dishonest purpose or some moral obliquity and conscious doing of a wrong; a breach of sworn
duty through some motive or intent or ill will; it partakes of the nature of fraud. (Spiegel v. Beacon
Participations, 8 NE 2nd Series, 895, 1007). It contemplates a state of mind affirmatively operating
with furtive design or with some motive of self-interest or ill will for ulterior purposes. (Air France v.
Carrascoso, 18 SCRA 155, 166-167). Evident bad faith connotes a manifest deliberate intent on the
part of the accused to do wrong or cause damage. 18

[REPUBLIC ACT NO. 3019]

ANTI-GRAFT AND CORRUPT PRACTICES ACT
Section 3. Corrupt practices of public officers. — In addition to acts or
omissions of public officers already penalized by existing law, the following shall
constitute corrupt practices of any public officer and are hereby declared to be unlawful:
(e) Causing any undue injury to any party, including the Government, or giving
any private party any unwarranted benefits, advantage or preference in the discharge of
his official administrative or judicial functions through manifest partiality, evident bad
faith or gross inexcusable negligence. This provision shall apply to officers and

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DEFINITION

employees of offices or government corporations charged with the grant of licenses or

permits or other concessions.
caused serious damage and grave prejudice to the Government;

CSC VS. RABANG: Gross neglect of duty or gross negligence refers to negligence characterized
by the want of even slight care, acting or omitting to act in a situation where there is a duty to
act, not inadvertently but willfully and intentionally, with a conscious indifference to
consequences, insofar as other persons may be affected. It is the omission of that care which
even inattentive and thoughtless men never fail to give to their own property. In cases involving
public officials, there is gross negligence when a breach of duty is flagrant and palpable. [6]

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