Classification of

Administrative Offenses
 Administrative Offenses
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◈By their nature it pertains to the character of public

officers and employees
 Heads up!
Administrative offenses in civil service are
classified into grave, less grave, and light
offenses

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 Grave Offenses
4  Kinds of offenses that are serious in nature.  Punishable with removal from office or
suspension of not less than six (6) months from
service.

Grave Offenses
1. Acts of constituting dishonesty

2. Oppression

3. Neglect of duty

4. Grave misconduct
 “

Attitude ka po?
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 Less Grave Offenses
6 ◈ Acts constituting gross discourtesy in the  Punishable with suspension from office
course of official duties. without pay

Less Grave Offenses

1. Insubordination

2. Simple misconduct

3. Habitual drunkenness

4. Violation of existing Civil Service law or Rules.

5. Violation of reasonable office regulation

 “

Attitude ka po?
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 Light Offenses
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◈ Those which are punishable Examples:

by a penalty raging from ◈ Willful failure to pay just
reprimand to a suspension debts
not exceeding 30 days.
◈ Violation of reasonable
office rules.
 “

Bayad bayad din bes pag may time

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Grave Offenses

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 Gross Neglect of Duty
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◈ When the neglect from the Consequence
gravity of the case or frequency 1st Offense- Dismissal from
of the instance becomes serious the service.
in its character as to endanger
or threaten the public welfare

◈ Ommision or refusal without

sufficient cause to perform an
act or duty
 “
Negligence of Subordinate
A head of a department or a superior officer shall not
be civilly for the wrongful acts omissions of duty,
negligence, or misfeasance of his subordinates.
Unless he has actually authorized by written order the
specific act or misconduct complained of.

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 “
Death or injuries suffered by student
◈ The death or injury of a student under the
supervision and custody of school officials gives
rise to a presumption of negligence on the part of
the school officials.

◈ Unless there is proof that they exercised due care

in presenting the death or injury of a child under
their control

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 Elements of Negligence
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1. There is a legal duty on the part of the school oficial to perform or to use
reasonable care;
2. There is a failure to perform that duty by the school official;
3. The student dies or suffers an injury or a loss;
4. The negligence act is the procimate cause of the injury. The procimate cause is
a cause that directly caused the loss or suffering; if the proximate cause didn’d
happen, then the harm would not happened

All 4 elements of negligence must be present before a

school official can be held liable for damages.
 Dishonesty
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◈ Defined as intentionally making a Consequence
false statement in any material fact, or 1st Offense- Dismissal from the
practicing or attempting to practice service.
any deception or fraud in securing his
examination, registration,
appointment or promotion.

◈ It connotes a disposition to deceive,

while misinterpretation means a
statement made to deceive or mislead.
 Examples of Dishonesty
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◈ Any willful concealment of facts in the Personal Data Sheet constitutes the
offense of dishonesty.

◈ Also the failure of an employee to reveal that he had pending cases, either
criminal or administrative is considered dishonesty.

◈ A teacher who falcifies his daily time record to show that he was present
when in fact he was not.

◈ A school principal who submits fraudulent receipts for reimbursement or

liquidation.
 “
Accessory penalties of dismissal from the service

◈ Cancellation of eligibility

◈ Forfeiture of leave credits and retirement benefits

◈ Disqualification for reemployment in the

government service

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 Grave Misconduct
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◈ Transgression of some established Consequence
and definite rule of action, more 1st Offense- Dismissal from the
particularly, unlawful behavior or service.
gross negligence by the public officer.

◈ If it involves any of the additional

elements of corruption, willful intent
to violate the law, or disregard of
established rules. All of which must
be established by substantial
evidence.
 Being Notoriously Undesirable
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◈ When a public servant is known to be Consequence
constantly and flagrantly violating 1st Offense- Dismissal from the
existing laws, rules and regulations, service.
and acts which are known to and
looked upon with disfavor by the
community.
 The test of being Notoriously Undesirable is two fold:
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a) Whether it is common knowledge or generally knows as universally
believed to be true or manifest to the world that petitioner committed
the acts imputed against him.

b) Whether he had contracted the habit for any of the enumerated

misdemeanors
 Conviction of a crime involving moral turpitude
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◈ Crimes that are inherently evil Consequence

even without a law punishing it 1st Offense- Dismissal from
are examples of crimes involving the service.
moral turpitude,
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Examples of crime involving moral turpitude

1. Rape
2. Parricide
3. Murder
4. Estafa
5. Kidnapping

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 Falsification of official document
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◈ The misrepresentation of a thing, Consequence

fact or condition, certifying that a 1st Offense- Dismissal from
thing is true when it is not, the service.
whether one has the right to make
a representation or certificate.
 Under the art 171 of the Revised Penal Code, Falsification by a public offices or
employee is committed by taking advantage of his official position through the
commission of any of the following acts
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1. Counterfeiting or imitating any handwriting, signature or rubric;
2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so
participate;
3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made
by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a genuine document which changes its meaning;
7. Issuing in an authenticated form of a document purporting to be a copy of an original document when no
such original exists, or including in such a copy a statement contrary to, or different from, that of genuine
original; or
8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.
 Physical or mental incapacity or disability due to immoral or vicious
habit
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◈ Declaration of mental disorder Consequence

does not automatically translate 1st Offense- Dismissal from
to a judgement of mental the service.
incapacity to work

◈ A window remains open for the

affected officer or employee to
counter opinion on his mental
condition.
 Elements
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1. It has been observed that the subject officer or employee has been behaving abnormally
for an extended period

2. It has been established through substantial evidence that such abnormal behavior
manifests a continuing mental disorder and incapacity to work;

3. A written notice is issued by the subject’s immediate supervisor, describing the former’s
continuing mental disorder and incapacity to work and citing the reports of his co-
workers or immediate supervisor, as confirmed by the had of office; and

4. Another notice is issued by the appointing authority or head of office, informing the
subject of his separation from the service due to mental incapacity.
 Engaging directly or indirectly in partisan political activities by one
holding non-political office
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◈ Refers to an act designed to Consequence

promote the election or defeat of 1st Offense- Dismissal from
a particular candidate/s to public the service.
office
 Receiving for personal use of a fee, gift or other valuable thing in the
course of official duties
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◈ The act of a public officer or Consequence

employee in receiving a fee, gift or 1st Offense- Dismissal from
other valuable thing in the course of the service.
official duties or in connection
therewith when such fee, gift or
other valuable thing is a serious
administrative offense.
 “
Gifts not considered unlawful

“Unsolicited gift presents of small or

insignificant value offered or given as a mere
token of gratitude or friendship according to
local customs or usage shall be exempt from
the provisions of this act”

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 Contracting loans of money or other property from persons with
whom the office of the employee has business relations
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◈ The contract of loan must have Consequence

been contracted with a person with 1st Offense- Dismissal from
whom the office of the person the service.
complained of has business
relations.
 “
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 or in connection with any
operation being regulated by, or any transaction
which may be affected by the functioned of his
office

Consequence
1st Offense-
Dismissal from the
service. 31
 Nepotism
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◈ Appointment made in favor of a Consequence

relative (within the third degree 1st Offense- Dismissal from
either of consanguinity or affinity) the service.
of the appointing or recommending
authority, or of the chief of the
bureau or office, or of the persons
exercising immediate supervision
over him.
 Exemptions on the rule against nepotism
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a) Persons employed in a confidential capacity;

b) Teachers;
c) Physicians;
d) Members of the Armed Forces of the Philippines
 Disloyalty to the Republic of the Philippines to the Filipino
people
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◈ Disloyalty is defined as a betrayal to Consequence

a sovereign or lawful superior, or to 1st Offense- Dismissal from
the government under which one the service.
lives.
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Reference
Things you need to know about administrative
investigations in the Department of Education