Misconduct means “a transgression of some established and definite rule of

action, more particularly, unlawful behavior or gross negligence by the public

officer” (Samson vs. Restrivera, 646 SCRA 481). To constitute as a ground for
disciplinary action, the act(s) complained of must have a “direct relation to and be
connected with the performance of his official duties amounting either to
maladministration or willful, intentional neglect or failure to discharge the duties
of the office” (GSIS vs. Mayordomo, 649 SCRA 667 citing Manuel vs. Calimag, Jr.,
307 SCRA 657).

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 persons never fail to take on their
own property. In cases involving public officials, there is gross negligence when a
breach of duty is flagrant and palpable” (Golangco vs. Fung, 504 SCRA 321).