ADMINISTRATIVE OFFENSES &

THEIR PENALTIES
IN THE DEPARTMENT OF
EDUCATION
 ADMINISTRATIVE OFFENSES
Objective:
In disciplining public officers & employees, 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
& confidence in our government. ( Remolona
vs.CSC, G.R. No. 137473, Aug. 2, 2001)
CLASSIFICATION OF ADMINISTRATIVE
OFFENSES

Grave
Less grave
Light offenses
 Grave offenses
Are those kinds of offenses that are
serious in nature and are punishable
with removal from office or suspension
of more than six (6) months but not
exceeding 1 yr. from the service.
 LESS GRAVE OFFENSES
Are those kinds of offenses that are less
serious in nature and are punishable
with suspension of more than 30 days
but not more than 6 months from the
service.
 LIGHT OFFENSES
Are those which are punishable by a
penalty ranging from reprimand for the
first offense to a suspension not exceeding
30 days for a second offense. Then,
Dismissal from the service for the third
offense.
  The omission or refusal, w/o
GROSS
NEGLECT OF sufficient cause, to perform an act
DUTY or duty, w/c it was the officer’s
GRAVE OFFENSE
legal obligation to perform.

(1st offense- Denotes a flagrant and culpable

Dismissal from refusal or unwillingness of a person
the service)
to perform a duty w/c is incumbent
to his position ( Black’s Law Dictionary, 4th
GROSS When the gravity of the case or
NEGLECT frequency of the instance,
OF DUTY becomes serious in its character
GRAVE OFFENSE
as to endanger or threaten the
(1st offense-
public welfare, it becomes serious
Dismissal from
the service) neglect or commonly gross
neglect of duty.
Fernandez vs. Office of the Ombudsman, 668 SCRA 351

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 & intentionally,
w/ a conscious indifference to the
consequences, insofar as other persons may
 NEGLIGENCE OF SUBORDINATE
 Is the Head of a  General Rule: No
 Exception:
department or a superior

officer civilly liable for when superior officer has

the wrongful acts or actually authorized by written

omissions of duty, order of the specific act or

negligence, or misconduct complained of.

misfeasance of his ( Principe vs. Fact-Finding Intelligence Bureau,

374 SCRA 460)

subordinates?
 NEGLIGENCE ?
Negligence is the absence or
lack of care required of a
public officer in the discharge
of his function.
 NEGLIGENCE, HOW COMMITTED
 Through lack of foresight or preparation w/c results to
damage to the service.
 The determination of negligence is not an absolute term &
its application depends upon the existing situation & the
persons involved. It shall be based upon the degree of care
& vigilance w/c the public officer or school official
exercises w/ the prevailing circumstances.
 The negligence must both be willful & unjustifiable.
EXAMPLE:

A teacher may be considered

negligent if he abandons his pupils
while under his custody during an
out-of-school excursion w/c results to
any injury of his students.
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
preventing the death or injury of a child under
their control.
Continuation….DEATH OR INJURIES SUFFERED BY...

Even assuming that the death or injury

of a child was caused by an accident, a
school official may nevertheless be
found guilty of neglect if he failed to
exercise due diligence in the care of
the child under his supervision.
 VICARIOUS LIABILITY

Is a legal doctrine that assigns liability for

an injury to a person who did not cause
the injury but who has a particular legal
relationship to the person who did the act
negligently. It is also called as imputed
negligence.
 VICARIOUS LIABILITY
It is a form of a strict, secondary liability that
arises under the common law doctrine of
agency, respondeat superior, the responsibility
of the superior for the acts of their subordinate
or, in a broader sense, the responsibility of any
third party that had the “right, ability or duty
to control” the activities of a violator.
 VICARIOUS Relationships
LIABILITY
between parent and
Legal child
relationships that
can lead to Relationships
imputed between teacher
negligence: and student.
 DOCTRINE OF ATTRACTIVE NUISANCE
This legal doctrine makes a teacher negligent
for leaving a piece of equipment or other
condition on property which would be both
attractive and dangerous to curious children.
 Examples:
Dangerous tools;
Unguarded swimming pools;
Harmful substance & laboratory equipment.
Cont’... DOCTRINE OF ATTRACTIVE NUISANCE

Liability could be placed on the

teacher owning or controlling the
school premises even when the child
was the one actually negligent & which
causes injury or death to the minor
child.
 DOCTRINE OF LAST CLEAR CHANCE
 Thefailure to exercise the required amount of care
to prevent injury to others.
A teacher may be liable if she did not exercise
diligence in preventing a child from an accident
when she had the opportunity to do so.
DOCTRINE OF LAST CLEAR CHANCE

Example:

If a teacher during a field trip fails to

stop her student from pushing another
student off the bus even when said
teacher had a clear chance to prevent
it, would be liable for her negligent act.
ELEMENTS FOR  There is a legal duty on the part of the school
NEGLIGENCE
official to perform or to use reasonable care;
Before a school
 There is a failure to perform that duty by the
official can be
school official;
held liable for
 The student dies or suffers an injury or a
negligence,
loss;
the following
 The negligent act is the proximate cause of
elements must
be shown: the injury.
 PROXIMATE CAUSE

is a cause that directly caused the

loss or suffering; if the proximate
cause didn’t happen, then the
harm would not have happened.
DISHONESTY Is defined as intentionally making
GRAVE OFFENSE a false statement in any material
( 1st offense-
Dismissal from fact, or practicing or attempting
the service) to practice any deception or
fraud in securing his examination,
registration, appointment or
promotion. ( Alabastro vs. Moncada, Jr., 447 SCRA
 DISHONESTY

It connotes a disposition to deceive, while

misrepresentation means a statement made to
deceive or mislead. Both imply an intention to
deceive. ( Estrada vs. Badoy, Jr. 395 SCRA 231 [2003])
Dishonesty like bad faith, is not simply bad
judgment or negligence. It is a question of
 DISHONESTY

Dishonesty consists of an intentional violation of

truth. It must be evident that there is a
disposition on the part of the respondent to
misrepresent or to defraud. There must at least
be showing a deliberate intent to commit
falsehood. (CSC Resolution No. 94-4794)
 DISHONESTY

It is the concealment or distortion

of truth in a matter of fact
relevant to one’s office or
connected with the performance
of his duty.
 DISHONESTY

What is being punished is the dishonest act

of a public officer in relation to his
function.
It is the dishonest act against the
government.
 RATIONALE ON DISHONESTY

A public officer who is circumscribed with a heavy

burden or responsibility to the public must at all
times be impressed with decency, decorum and
propriety. Thus the concealment or distortion of
truth by a school teacher in a matter relevant to
his function or that which is connected with the
performance of his duties constitutes dishonesty.
 Examples of Dishonest Acts:

Any willful concealment of facts in the Personal

Data Sheet constitutes the offense of dishonesty.
If an employee states in her PDS that she is a
masteral degree holder on the basis of the fake
documents. Such employee is guilty of dishonesty
in obtaining a fake transcript of record through
falsification of official documents.
 Examples of Dishonest Acts:

A teacher who falsifies his daily time

record to show that he was present when in
fact he was not, amounts to dishonesty.
A school principal who submits fraudulent
receipts for reimbursement or liquidation is
guilty of dishonesty.
 Examples of Dishonest Acts:

The claim of the respondent that she herself

took the CSC examination when in fact
somebody took it for her, constitutes
dishonesty. (CSC Vs. Sta. Ana, 402 SCRA 49)

Failure of an employee to reveal that he had

pending cases, either criminal or administrative
is considered dishonesty.
 GOOD FAITH NOT A DEFENSE IN ACT OF
DISHONESTY
“Good faith” is ordinarily used to
describe that state of mind denoting
honesty of intention and freedom from
knowledge of circumstances which
ought to put the holder upon inquiry.
GRAVE Is a transgression of some
MISCONDUCT
established and definite
GRAVE OFFENSE

rule of action, more

(1st offense- particularly, unlawful
Dismissal from
the service) behavior or gross
negligence by the public
 WHEN MISCONDUCT BECOMES GRAVE
 The misconduct is grave 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. ( Civil Service Commission vs. Lucas, 361 Phil 486)
DISTINCTION: GRAVE VS. SIMPLE MISCONDUCT

the elements of corruption, clear

intent to violate the law, or flagrant
disregard of established rules, must be
manifest in a charge of grave
misconduct. Otherwise, simple.
 ACTS MUST BE IN RELATION TO HIS OFFICIAL DUTIES

To
 warrant removal for grave misconduct from office of

an officer or employee, the misconduct, misfeasance, or

malfeasance must, as a general rule, have a direct relation

to and be connected with the official duties of the officer

being charged. The act committed must amount either to

a willful or intentional neglect and failure to discharge the

duties of the office. ( Sariguimba vs. Pasok, 155 SCRA)

IN RELATION TO OFFICIAL DUTIES, Meaning.

 An offense is deemed to be committed in relation to

the accused’s office when the offense cannot exist
without the office or when the offense charged is
intimately connected with the office of the offender
and was perpetrated while he was in the
performance of his official functions through
improper or irregular acts ( Soller vs.
Sandiganbayan, 148 SCAD 453, 357 SCRA 677)
BEING The offense arises when a public
NOTORIOUSL
Y servant is known to be
UNDESIRABLE
GRAVE OFFENSE constantly & flagrantly violating

existing laws, rules &

(1st offense- regulations, & acts w/c are
Dismissal from
the service) known to & looked upon with
disfavor by the community.
 TWO-FOLD TEST :
(BEING NOTORIOUSLY UNDESIRABLE)

1.Whether it is common knowledge or generally known

as universally believed to be true or manifest to the
world that petitioner committed the acts imputed
against him, and
2.Whether he had contracted the habit for any of the
enumerated misdemeanors ( Governor Felicisimo T. San Luis
vs. CA, G.R. No. L-80160, June 26, 1989)
 DETERMINANT QUESTIONS FOR BEING
 In determining if a public officer is notoriously undesirable, the
questions to be asked are:
 Whether the employee is widely known to be a trouble maker,
or
 Whether it is of common knowledge that the public officer
has committed acts that are offensive to the school, its
students and its teachers &
 Whether the school official has acquired the habit of
committing his misdemeanors.
  Conviction by final judgment is required as a
CONVICTION
OF A CRIME condition precedent. Thus if the conviction
INVOLVING of a gov’t employee is appealed, this
MORAL
offense is not yet committed.
TURPITUDE
GRAVE OFFENSE  Moral turpitude is a description of anything

that is done contrary to justice, honesty,

(1st offense- modesty or good morals, & which is an evil
Dismissal from the
service) act or behavior of a person.
 CONVICTION OF A CRIME INVOLVING MORAL TURPITUDE

 The concept of moral turpitude has been aptly

defined as something immoral in itself, regardless of
the fact that it is punishable by law or not.
 It must not be merely mala prohibita, but the act
itself must be inherently immoral.
 The doing of the act itself, & not its prohibition by
statute fixes moral turpitude. (CSC Resolution No. 00-0657,
March 10, 2000 (Robredillo, Mario) Dela Torre vs. Comelec 258 SCRA483)
CONVICTION OF A CRIME INVOLVING MORAL TURPITUDE
 Crimes that are inherently evil even without a law punishing it are
examples of crimes involving moral turpitude, to wit:
 Rape

 Parricide

 Murder

 Estafa

 Kidnappin
 Continuation…
Thus, while a school teachers’ act in sexually
assaulting a minor not enrolled in the school is
not exactly in relation to his functions as a
teacher, the final conviction of an accused
teacher due to the depravity of his act & its
immoral nature are grounds to charge him with
conviction of a crime involving moral turpitude.
FALSIFICATION 
Is the misrepresentation of
OF OFFICIAL
DOCUMENT a thing, fact or condition,
GRAVE OFFENSE
certifying that a thing is
true when it is not, whether
1st Offense-
Dismissal from one has the right to make a
the service representation or certificate
( U.S. vs. Buenaventura, 1Phil 433)
 FALSIFICATION OF OFFICIAL DOCUMENT

To falsify is to make false a

document by tampering or mutilating
a record or by improperly adding
something to it.
FALSIFICATION OF OFFICIAL DOCUMENT

 The use of falsified documents attesting that certain employees are graduates
when in truth and in fact they are not make them administratively liable for
dishonesty through the use of falsified documents. (Lumancas vs. Intas, 347
SCRA 22)
 False entries in the daily time records of teachers even on a single date which
have been made with malice or deliberate intent clearly constitute the
offense of falsification of official documents.
 A false entry which is absolutely false but has been passed by a school official
as correct in order to present a document as authentic constitutes a willful
falsehood & which act alone constitutes the offense.
 It is not necessary that the gov’t. suffered material damage. Although no
pecuniary damage was incurred by the gov’t., there is still falsification of an
official document that constitutes gross dishonesty. ( G.R.No. 137473, august
2, 2001 Remolona vs. CSC)
FALSIFICATION BY A PUBLIC OFFICER/EMPLOYEE IS COMMITTED BY
TAKING ADVANTAGE OF HIS OFFICIAL POSITION THROUGH:
 Counterfeiting or imitating any handwriting, signature or rubric;
 Causing it to appear that persons have participated in any act or proceeding when they did not in fact so
participate;
 Attributing to persons who have participated in an act or proceeding statements other than those in fact
made by them;
 Making untruthful statements in a narration of facts;
 Altering true dates;
 Making any alteration or intercalation in a genuine document which changes its meaning;
 Issuing in an authenticated form 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 the genuine
original; or
 Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official
book.
ART. 171, RPC
Art. 174 (2), RPC, any public officer who shall issue a false certificate of merit of service, good conduct or
similar circumstances shall be liable for falsification of document.
 PRESUMPTION OF GUILT WHEN BENEFIT
RECEIVED FROM FORGERY
 The use of false certificates by a public officer who has
knowledge of the falsity of a document shall be likewise
liable.
 It is therefore not a defense to claim that a teacher is
not liable for falsification even if it were true that he
did not personally falsify his eligibility documents if he
had benefited from such document through his
promotion with the use of the falsified document.
PHYSICAL OR  The physical or mental
MENTAL incapacity or disability as a
INCAPACITY OR ground for disciplinary action
DISABILITY DUE must be due to immoral or
TO IMMORAL OR vicious conduct.
VICIOUS HABIT
 Must not be confused w/
GRAVE OFFENSE
physical and mental incapacity
as a ground for dropping from
1st Offense- the rolls which is a non-
Dismissal from the disciplinary action and which
service does not arise from immoral or
vicious conduct.
ENGAGING Refers to an act
DIRECTLY OR
INDIRECTLY IN designed to promote
PARTISAN the election or defeat
POLITICAL of a particular
ACTIVITIES BY ONE
candidate or
HOLDING NON-
POLITICAL OFFICE
GRAVE OFFENSE
candidates to a public
office.

1st Offense- Dismissal from

the service
BASES FOR PROHIBITION
No officer or employee in the Civil Service
including members of the Armed Forces, shall
engage directly or indirectly in any partisan
political activity or take part in any election
except to vote nor shall he use his official
authority or influence to coerce the political
activity of any person or body. (Sec. 55, Chapter
7, Subtitle A, Title I, Book V of EO 292)
 Not Prohibited:
• Expression of views on current political problems or

issues
• Mentioning the names of candidates for public office
whom he support
• Public officers and employees holding political
offices may take part in political and electoral
activities
PARTISAN POLITICAL ACTIVITIES INCLUDE:
 Forming organizations, associations, clubs, committees or other groups of persons for
the purpose of soliciting votes and/or undertaking a campaign for or against a
candidate;
 Holding political caucuses, conferences, meetings, rallies, parades, or other similar
assemblies, for the purpose of soliciting votes and/ or undertaking any campaign or
propaganda for or against a candidate;
 Making speeches, announcements or commentaries or holding interviews for or against
the election of any candidate for public office;
 Publishing or indirectly soliciting votes, pledges or support for or against a candidate;
 Publishing or distributing campaign literature or materials designed to support or
oppose the election of any candidate.
 Being a delegate to any political convention or member of any political committee or
directorate or an officer of any political club or other similar political organizations;
 Making speeches or publications to draw political support in behalf of any particular
party or candidate for public office;
 Soliciting or receiving contribution for political purposes, either directly or indirectly;
 Becoming publicly identified with the success or failure of any candidate or candidates.
Rationale

• maintain neutrality
• officers and employees should primarily
concern themselves in the efficient
administration of the affairs of the
government
• politics should be left entirely to the
politicians. (CSC Resolution No. 07-0315,
Feb. 19, 2007, Salvaleon)
RECEIVING FOR  In the course of official duties or
in connection thereto
PERSONAL USE OF
A FEE, GIFT OR
 Fee, gift, or valuable thing is
OTHER VALUABLE given by any person in the hope
THING IN THE or expectation of receiving a
COURSE OF favoror better treatment than
OFFICIAL DUTIES that accorded to other persons,
or committing acts punishable
GRAVE OFFENSE under the anti-graft laws.

1st Offense- Dismissal

from the service
 RELATED OFFENSES UNDER R.A. 3019
( The ff. corrupt practices of public officers are also punishable under Grave
Misconduct)

1. Persuading, inducing or influencing another public officer to perform an act constituting a

violation of rules & regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the
Gov’t. and any other part, wherein the public officer in his official capacity has to intervene
under the law.
3. Directly or indirectly requesting or receiving any gift, present or other pecuniary or material
benefit, for himself or for another, from any person for whom the public officer, in any manner or
capacity, has secured or obtained, or will secure or obtain, any Gov’t. permit or license, in
consideration for the help given or to be given.
4. Accepting or having any member of his family accept employment in a private enterprise which
has pending official business with him during the pendency thereof or within one year after its
termination.
Continuation….
 Causing any undue injury to any party, including the Gov’t., 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 officer and
employees of offices or gov’t. corporations charge with the grant of licenses or
permits or other concessions.
 Neglecting or refusing, after due demand or request, without sufficient
justification, to act within a reasonable time on any matter pending before him
for the purpose of obtaining, directly or indirectly, from any person interested in
the matter some pecuniary or material benefit or advantage, or for the purpose
of favoring his own interest or giving undue advantage in favor of or
discriminating against any other interested party.
 Entering, on behalf of the Gov’t., into any contract or transaction manifestly and
grossly disadvantageous to the same, whether or not the public officer profited
or will profit thereby.
Continuation….

 Directly or indirectly having financing or pecuniary interest in any

business, contract or transaction in connection with which he intervenes
or takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
 Directly or indirectly becoming interested, for personal gain, or having a
material interest in any transaction or at requiring the approval of a
board, panel or group of which he is a member, & which exercises
discretion in such approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or group.
 Knowingly approving or granting any license, permit, privilege or benefit
in favor of any person not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a mere representative or
dummy of one who is not so qualified or entitled.
Continuation….

Divulging valuable information of a

confidential character, acquired by his
office or by him on account of his
official position to unauthorized
persons, or releasing such information
in advance of its authorized release
date.
GIFTS NOT CONSIDERED UNLAWFUL
under Sec. 14 of RA 3019

Unsolicited gift or 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.”
Contracting Loans of
Money or Other
Property from
Persons with Whom
the Office of the
Employee has
Business Relations
GRAVE OFFENSE
1st offense- Dismissal from
the service
CSC Resolution No. 07-0943 (MAYOR, Lilibeth D. May
19, 2007)
 •Purpose is to forestall the possibility of undue
influence or unwarranted benefit in favor of the
private individual or entity having business relations
with the government agency.
 •In the same vein, it also protects the private
individual from harassment committed by the public
officers who may hold positions in the government
agency where private individual has business
interests.
Continuation….
The defense that the government
employee returned the money or
property borrowed cannot prevail
over the evidence of conflict of
interest
CSC Resolution No. 05-0825 (TESALONA, Larry T. June 17,
2005)

•The offense made no distinction as to whether the

loan contracted was personal or for the benefit of
the municipality concerned.
•It did not also distinguish whether the loan was
contracted in the official or personal capacity of the
public officer.
Solicitation or Directly or indirectly
Acceptance
(Directly or • Gift, gratuity, favor,
Indirectly) of entertainment, loan or
Gifts, Gratuity,
Favor, anything of monetary value
Entertainment, • In the course of official
Loan or Anything
of Monetary Value duties or in connection with
GRAVE OFFENSE any operation/transaction
1st offense- Dismissal being regulated by the office
from the service
Solicitation or Acceptance of Gifts, etc.

The propriety or impropriety shall be

determined by its value, kinship, or relationship
between giver and receiver and the motivation
• A thing of monetary value is one which is
evidently or manifestly excessive by its nature
 Mabini v. Raga (491 SCRA 525)

The mere fact that a gift received was

unsolicited cannot, by itself, suffice to exonerate
the recipient.
It would only suffice to exonerate the recipient
if:
 The unsolicited gift is also nominal in value; and
Not given in anticipation of, or in exchange for, a
favor.
 Appointment made in favor
Nepotism of a relative by
GRAVE OFFENSE
consanguinity or affinity
within:
3rd degree – NGAs
4th degree – LGUs
1st offense-
Dismissal from
the service
 Nepotism

Related to whom?

NGAs • LGUs

 Appointing authority Appointing authority

 Recommending authority Recommending authority

 Chief of the bureau or office

Person exercising immediate

supervision over the appointee

 Nepotism
Exempted (CSC MC No. 15, s. 2004)

• Persons employed in a confidential

capacity
• Teachers
• Physicians
• Members of the AFP
• Scientific and technology personnel
Debulgadov. CSC (237 SCRA 184)
Purpose of the prohibition:
• To take out the discretion of the appointing and
recommending authority in the matter of appointing or
recommending for appointment of a relative.
• Insures the objectivity of the appointing or recommending
official by preventing that objectivity from being in fact
tested.( CSC VS. Maricelle M. Cortes G.R. No. 200103, April 4, 2014)
Laurel v. CSC (G.R. No. 71562, October 28, 1991)
Designation is also defined as “an appointment or
assignment to a particular office”; and “to
designate” means “to indicate, select, appoint or set
apart for a purpose or duty.”
• By legal contemplation, the prohibitive mantle on
nepotism would include designation, because what
cannot be done directly cannot be done indirectly.
Disloyalty to the Is defined as a betrayal to a sovereign
Republic of the
or lawful superior, or to the
Philippines and
to the Filipino government under which one lives.
People It consists of abandonment or
GRAVE OFFENSE
renunciation of one’s loyalty to the
gov’t. or advocating the overthrow of
1st offense-
Dismissal from the the gov’t.
service
OPPRESSION Is defined as an act or cruelty,
GRAVE OFFENSE
severity, unlawful exaction,

1st offense- domination or excessive use of

Suspension of 6 authority.
months & 1 day to
1 yr. It also involves the unreasonable use

2 offense-
nd
of one’s authority in discharging a
Dismissal from the governmental function.
service
EXAMPLES OF OPPRESSIVE ACTS:

Refusal to grant requests of subordinate which

are covered by their rights may constitute
oppression.
Humiliating a subordinate frequently in public
or unduly depriving her of her rightful benefits.
CHOICE OF APPOINTMENT DOES NOT CONSTITUTE
OPPRESSION
The filing of administrative charges, conduct of an
investigation & rendering a decision are powers conferred
on a disciplining authority.
When any or all of these powers are exercised, it cannot be
considered as acts of oppression unless bad faith, bias &
partiality are very evident. ( Tayabas et al. CSC Resolution
95-219)
DISGRACEFUL
An act which violates the
AND IMMORAL
CONDUCT
basic norm of decency,
GRAVE OFFENSE

morality & decorum

1st offense- 6 months
& 1 day to 1 yr. abhorred & condemned
SUSPENSION
by the society.
2nd offense- Dismissal
from the service
NALUPTA, Jr. vs. TAPEC, 220 SCRA 505, 1993;
ECUBE –BADEL VS. BADEL, 273 SCRA 637

It is that conduct which is willful,

flagrant or shameless, & which
shows a moral indifference to the
opinions of the good & respectable
members of the community
3-CLASSIFICATION OF DISGRACEFUL & IMMORAL CONDUCT

A.Disgraceful & immoral conduct in the

workplace, w/c is committed in a scandalous
manner or through taking advantage of one’s
position &/ or through the use of gov’t property
or resources or acts affecting the efficiency or
work performance of the respondent.
Continuation….

B. Disgraceful & immoral conduct

through a forbidden relationship, w/c
is the involvement in a relationship
that may be characterized as
bigamous or adulterous.
Continuation…

C. Disgraceful & immoral conduct committed thru inherently

immoral acts, or conduct that consists of immoral &
deviant acts w/c are inherently forbidden by the basic
norms of decency, morality & decorum, such as:

Incest, pedophilia, exhibitionism & the like, whether

committed in a discreet or scandalous manner, or whether
committed w/in or out of the workplace.
COMPLAINT FOR DISGRACEFUL & IMMORAL ACT; WHO MAY FILE?
In letter A- by the disciplining authority or filed by any
person
In letter B- may be filed against the married party by
any immediate member of his or her family.
In letter C- by the disciplining authority or by any
person against the parties involved whether married or
not.
 GIVING BIRTH OUT OF WEDLOCK
Giving birth out of wedlock is not per se immoral.
 If the father of the child himself is unmarried, the
woman is not administratively liable.
 If the father of the child is himself married to a
woman other than the mother, then there is a
cause for administrative sanction against either
the father or the mother.(Anonymous v. Radam
(A.M. No. P-07-2333, December 19, 2007)
Babante-Caplesv. Caples(A.M. No. HOJ-10-03, November 15, 2010)

Abandonment of one’s wife and children and

cohabitation with a woman not his wife,
constitute immoral conduct.
Respondent’s act of maintaining an illicit
relationship with a woman not his wife comes
within the purview of disgraceful and immoral
conduct.
RATIONALE:
Teachers serve as an example to their pupils &
act as their second parents inside the school. In
fact, teachers are given substitute & special
parental authority by our laws in dealing w/ their
pupils. Thus, it is only right that teachers must
adhere to the standards of morality & decency.
Continuation….

While there is no exact yardstick for morality, a

teacher should at all times display exemplary
behavior, both in his official & personal conduct.
The personal behavior of teachers must always be in
accordance with the basic rules of decency &
proper conduct especially in their romantic affairs.
Continuation….
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 role models.
Inefficiency &  Inefficiency implies negligence,
Incompetence
in the incompetence, ignorance & carelessness (
Performance of Suroza vs. Honrado, 110 SCRA 388)
Official Duties  Incompetence means lack of ability, legal
GRAVE OFFENSE
qualification or fitness to discharge the
1 offense- 6 months
st

& 1 day to 1 yr. required duty or the want of physical or

2 offense- Dismissal
nd intellectual or moral fitness ( Homecillo, CSC
from the service Res. No. 97-0792)
Frequent Unauthorized Absences, or Tardiness in
Reporting for Duty, Loafing or Frequent
Unauthorized Absences from Duty During Regular
Office Hours
1st offense- 6 months & 1 day 2nd Offense- Dismissal from
to 1 yr. SUSPENSION the service
 Habitually Absent  Habitual Tardiness
 Unauthorized absences exceeding  10 times in a month for 2
2.5 days for at least 3 months in
months in a semester or 2
a semester or 3 consecutive
consecutive months in a year
months during the year
 LOAFING

Frequent unauthorized absences
from duty during regular working
hours
Refusal to Pertains to any act or
Perform
Official Duty conduct of an officer or
GRAVE OFFENSE
tribunal under a duty to
perform, signifying the
1st offense- 6 months
& 1 day to 1 yr. intention not to perform.
(CSC Resolution No. 05-
2nd offense- Dismissal
1511, October 20, 2005)
from the service.
Gross The utter disregard of
Insubordination
GRAVE OFFENSE
express or implied
directions of the employer
1st offense- 6 months
& 1 day to 1 yr.
& refusal to obey

2nd offense- Dismissal

reasonable orders ( Mcintosh
from the service vs. Abbot, 120 N.E. 383, 231 Mass. 180)
FOR INSUBORDINATION TO BE INCURRED BY
A SUBORDINATE EMPLOYEE, it is necessary
that the orders he defied are:

1.Within the scope of his work;

2.Lawful, and

3.Reasonable or capable of being

performed.
Continuation….

The employee must have the necessary

knowledge, skill, capability and ability to
carry out the instruction.
Instructing an employee to do something that
he clearly cannot do is unfair & unreasonable.
Example:
The instruction of a school principal for her
canteen teacher to complete year-end audit
of the canteen overnight.

thus, even if the instruction of a superior were

both lawful & capable of performance if it
were not reasonable, a subordinate is not duty-
bound to obey the command.
Conduct Such unwarranted act which
Prejudicial to
the Best resulted in an undue
Interest of the
prejudice to the best
Service
GRAVE OFFENSE interest of the service where
1st offense- 6 months
& 1 day to 1 yr.
the government was denied
of a committed service.
2nd offense- Dismissal
from the service (CSC Resolution No. 07-0853, May 3, 2007)
Continuation…

Covers a wide range of acts or omissions,

through which a government employee,
either deliberately or by mere ignorance or
negligence, effectively compromises the
integrity and efficiency of the government
service.
(CSC Resolution No. 06-2177, Dec. 5, 2006, Villaviza, et al.)
Espianav. Cerujano (G.R. No. 149377, March 25, 2008)
 The Court has considered the following acts or omissions
as Conduct Prejudicial to the best Interest of the Service:
 Misappropriation of public funds
 Abandonment of office
Failure to report back to work without prior notice
Failure to safe keep public records and property
Making false entries in public documents and falsification of
court orders.
DIRECTLY OR
INDIRECTLY HAVING
FINANCIAL & MATERIAL Financial & Material interest-
INTEREST IN ANY
TRANSACTION is
REQUIRING THE
defined as pecuniary or
APPROVAL OF HIS
OFFICE. proprietary interest by
GRAVE OFFENSE
which a person will gain or
1 offense- 6 months & 1
st

day to 1 yr.
lose something.
2nd offense- Dismissal from
the service
ESSENTIAL ELEMENTS OF THE OFFENSE:
1. The accused is a public officer;
2. He has a direct or indirect financial or
pecuniary interest in any business, contract or
transaction;
3. He either:
a) Intervenes or takes part in his official capacity
in connection w/ such interest, or
b) Is prohibited from having such interest by the
Constitution or by law.
2 MODES BY W/C PUBLIC OFFICER WHO HAS A DIRECT
OR INDIRECT FINANCIAL OR PECUNIARY INTEREST IN ANY
BUS.CONTRACT, OR TRANSACTION MAY VIOLATE Sec.
3(h), R.A. 3019
1ST MODE 2ND MODE

 When public officer intervenes or  When he is prohibited

takes part in his official capacity
in connection w/ his financial or
pecuniary interest in any
business, contract, or
from having such an
interest by the
Constitution or by law.

transaction.
OWNING, CONTROLLING, MANAGING OR The act of a teacher
ACCEPTING EMPLOYMENT AS OFFICER,

EMPLOYEE, CONSULTANT, COUNSEL, BROKER,

or school official in
AGENT, TRUSTEE, OR NOMINEE IN ANY accepting money from
PRIVATE ENTERPRISE REGULATED,
a private school for
SUPERVISED OR LICENSED BY HIS OFFICE,
GRAVE
UNLESS EXPRESSLY OFFENSE
ALLOWED BY LAW her services in helping
the private entity in
1st offense- 6 months & 1 day to 1 yr.
securing a permit.
2nd offense- Dismissal from the service
DISCLOSING OR MISUSING CONFIDENTIAL OR
CLASSIFIED INFORMATION OFFICIALLY KNOWN TO HIM
BY REASON OF HIS OFFICE & NOT MADE AVAILABLE TO
THE PUBLIC, TO FURTHER HIS PRIVATE INTERESTS OR
GIVE UNDUE ADVANTAGE TO ANYONE, OR TO
PREJUDICE THE PUBLIC INTEREST.
1st offense 2nd offense
6 months & 1 day  Dismissal from the
to 1 yr. service
Sec. 3(k), R.A. 3019

Punishes the act of divulging valuable

information of a confidential character,
acquired by his office or by him on account
of his official position to unauthorized
persons, or releasing such information in
advance of its authorized release date.
Example:
The Preliminary Investigation Report & the
Formal Investigation Report are considered
as confidential information, the disclosure of
which by the investigating officer or the
committee members, as the case may be,
shall subject such officer or member to
disciplinary action.
OBTAINING OR USING ANY STATEMENT FILED
UNDER THE CODE OF CONDUCT & ETHICAL
STANDARDS FOR PUBLIC OFFICIALS & EMPLOYEES
FOR ANY PURPOSE CONTRARY TO MORAL OR
PBULIC POLICY OR ANY COMMERCIAL PURPOSE
OTHER THAN BY NEWS & COMMUNICATIONS MEDIA
FOR DISSEMINATION TO THE GENERAL PUBLIC
1ST OFFENSE 2nd OFFENSE
6 Months & 1 day to 1 yr.  Dismissal from the service
RECOMMENDING ANY PERSON TO ANY POSITION IN A
PRIVATE ENTERPRISE W/C HAS A REGULAR OR
PENDING OFFICIAL TRANSACTION W/ HIS OFFIE,
UNLESS SUCH RECOMMENDATION OR REFERRAL IS
MANDATED BY (1) LAW, OR (2) INTERNATIONAL
AGREEMENTS, COMMITMENT & OBLIGATION, OR AS
PART OF THE FUNCTION OF HIS OFFICE.
1ST OFFENSE 2nd OFFENSE
6 Months & 1 day to 1 yr.  Dismissal from the
 LESS GRAVE OFFENSES
Are those kinds of offenses that are less
serious in nature and are punishable with
suspension of more than 30 days but not
more than 6 months from the service.
Penalty imposed: 1 month & 1 day to 6
months.
SIMPLE NEGLECT Is the failure of an
OF DUTY
employee to give proper
LESS GRAVE OFFENSE
attention to a task
expected of him & is
1st offense- 1 month &
1 day to 6 months
censurable under the Civil
Service Rules ( CSC
2nd offense- Dismissal
from the service. Memo. Cir. No. 19, Series
of 1999)
 SIMPLE NEGLECT OF DUTY

The act or acts committed in this offense

do not constitute a serious character as
to endanger or threaten the public
service.
The elements of willfulness & damage to
the gov’t. may be absent but the
employee thru in advertence or oversight
becomes negligent in his duties.
 NEGLECT OF DUTY
(NON-FEASANCE)
Is the omission or refusal, w/o justifiable
excuse, to perform an act or duty, w/c was
the officer’s legal obligation to perform.
There is negligence when there is breach of
duty, or failure to perform an obligation
(Juan vs. Arias, 72 SCRA 410)
Example:
Delay in the submission of student’s
grades,
Delay in responding to written
queries, and
Delay of releasing student
credentials.
SIMPLE
The offense is only
MISCONDUCT
LESS GRAVE OFFENSE
simple misconduct if
the element of clear
1st offense- 1 month &
1 day to 6 months. intent or flagrant
2nd offense- Dismissal disregard of a law or
from the service.
rule is not present.
GROSS
DISCOURTESY IN The lack of
THE COURSE OF
politeness or the
OFFICIAL DUTIES
LESS GRAVE OFFENSE
failure to show
regard for others
1st offense- 1 month &
1 day to 6 mos. or wounding the
2nd offense- Dismissal feelings or others.
from the service.
Examples:
Rude facial expressions & gestures that are mocking or
demeaning.
Mocking, smirking, eye-rolling, smothered laughter or looking
at other when someone else talks or playing jokes that disrupt
the work of others or create stress for them.
The use of a high tone of voice that is snippy, irritating, hostile,
contemptuous or sarcastic or confronting people about a
conflict in an excessively aggressive manner.
Examples:

 Falsely accusing a co-worker & finding fault, excessively correcting

others, pointing out flaws in an unhelpful way or making work

more difficult than it needs to be or purposely delaying work.

 Responding to requests w/ heavy sighs, resentful actions, anger or

excessive questioning, stomping, slamming doors, drawers &

phones, making unnecessary noise & clamor or purposely or

repeatedly doing things that are unpleasant, foul, obnoxious,

distracting & disruptive.

VIOLATION OF 1st offense- 1
EXISTING CIVIL month & 1 day to
SERVICE LAW & 6 months.
RULES OF SERIOUS
2nd offense -
NATURE
Dismissal from the
LESS GRAVE OFFENSE
service
INSUBORDINATION Refusal to obey some order w/c
LESS GRAVE OFFENSE a superior officer is entitled to
give & have obeyed.
It imports a willful or
1st offense- 1 month & 1 intentional disregard of the
day to 6 months.
lawful & reasonable

2nd offense- Dismissal instructions of the employer.

from the service. (Black’s law Dictionary, 6th ed., p.
801)
ELEMENTS OF THE OFFENSE:
1. That a superior officer gave a lawful order to his
subordinate.
2. That the subordinate officer refused to obey the
order of his officer.
3. That the order is lawful.
4. That the refusal to obey is willful or intentional.

Insubordination is a quality or state of being

insubordinate; defiance or non-submission to authority
(Lejano vs. Mayuga, 168261-R)
HABITUAL
As the custom or habit of
DRUNKENNESS
LESS GRAVE OFFENSE getting drunk;
The habit should be
actual & confirmed, but
1 offense- 1 month
st

& 1 day to 6 months. need not be continuous,

2 offense- Dismissal
nd
or even of daily
from the service.
occurrence.
HABITUAL DRUNKENNESS

 That w/c disqualifies a person from properly attending to business, or

w/c would reasonably inflict a course of great mental anguish upon the
innocent party.

 One who frequently & repeatedly becomes intoxicated by excessive

indulgence in intoxicating liquor so as to acquire a fixed habit & an
involuntary tendency t become intoxicated as often as the temptation is
presented, even though he remains sober for days or even weeks at a
time.

 Frequent & habitual drinking intoxicating substance w/in the workplace.

UNFAIR DISCRIMINATION IN
RENDERING PUBLIC SERVICE
DUE TO PARTY AFFILIATION
OR PREFERENCE.
1st 2ndoffense-
offense- 1
month & 1 day Dismissal from
to 6 months. the service.
FAILURE TO FILE SWORN SALN, &
DISCLOSURE OF BUSINESS INTEREST &
FINANCIAL CONNECTIONS INCLUDING
THOSE OF THEIR SPOUSES &
UNMARRIED CHILDREN UNDER 18 YRS.
OF AGE LIVING IN THEIR
HOUSEHOLDS.
1stoffense- 1 2ndOffense-
month & 1 day to Dismissal from the
6 months. service
FAILURE TO RESIGN FROM HIS POSITION IN PRIVATE BUSINESS ENTERPRISE
W/IN 30 DAYS FROM ASSUMPTION OF PUBLIC OFFICE WHEN CONFLICT OF
INTEREST ARISES, &/OR FAILURE TO DIVEST HIMSELF OF HIS
SHAREHOLDINGS OR INTEREST IN PRIVATE BUSINESS ENTERPRISE W/IN 60
DAYS FROM ASSUMPTION OF PUBLIC OFFICE WHEN CONFLICT OF INTEREST
ARISES; PROVIDED, HOWEVER, THAT FOR THOSE WHO ARE ALREADY IN
THE SERVICE & CONFLICT OF INTEREST ARISES.THE OFFICIAL OR EMPLOYEE
MUST EITHER RESIGN OR DIVEST HIMSELF OF SAID INTEREST W/IN THE
PERIODS HEREINABOVE; PROVIDED, RECKONED FROM THE DATE WHEN THE
CONFLICT OF INTEREST HAD ARISEN. 2nd offense- Dismissal from the service.
1 offense- 1 month & 1 day to 6 months.
 st 
 LIGHT OFFENSES

PENALTY:
First Offense: REPRIMAND
Second Offense: SUSPENSION of one
(1) day to thirty (30) days
Third Offense: DISMISSAL from the
service
DISCOURTESY IN An act of incivility, ill
THE COURSE OF
OFFICIAL DUTIES manners, rudeness of
LIGHT OFFENSE behavior or language or an
impolite act.
1st offense- Reprimand
To be characterized as gross
2nd offense- 1 to 30 days the remarks should be proved
SUSPENSION
to be culpable, absolute,
3rd offense- Dismissal from flagrant or shameful.
the service.
DE LUNA VS. RICON, 250 SCRA 1
Gov’t service is people- oriented where high-strung &

belligerent behavior cannot be allowed. As recipients

of the public trust, public officers & employees are

enjoined to demonstrate courtesy, civility, & self-

restraint in their actuation to the public even when

confronted w/ rudeness & insulting behavior.

IMPROPER OR UNAUTHORIZED
 R.A. 4206(a), prohibits the sale of
SOLICITATION OF CONTRIBUTION
FROM SUBORDINATE EMPLOYEES tickets &/or the collection of
& BY TEACHERS OR SCHOOL
OFFICIALS FROM SCHOOL contributions for whatever project
CHILDREN.
or purpose from students & teachers
LIGHT OFFENSE of public & private schools, colleges
1st offense- Reprimand & universities, except membership
2nd offense- 1 to 30 days
SUSPENSION fees in Red Cross, GSP/BSP &
3rd offense- Dismissal from the
donation/contribution of parents in
service
support of the school.
 DepEd Order No. 19, s. 2008 &
DepEd Order No. 40, s. 2008

Embodies the “no-collection

policy” of the Department of
Education.
VIOLATION OF
REASONABLE OFFICE There must be a proof of the
RULES &
office rules or regulations
REGULATIONS
LIGHT OFFENSE which may be in a form or
memorandum or any issuance
1st offense- Reprimand
from the Head of Office.
2nd offense- 1 to 30 days
SUSPENSION The rules and regulations

3rd offense- Dismissal from must be reasonable.

the service
GSIS Vs. CHUA, G.R. No. 202914, Sept.26, 2012

By allowing other individuals to use her

computer terminal & the operator’s
code despite her knowledge of the
prohibition under the rules is a violation
of reasonable office rules & regulation.
Example: NO SMOKING IN PUBLIC PLACES
R.A. No. 9211, Sec. 5 prohibits smoking in public
places.
Smoking shall be absolutely prohibited in the ff. public
places:

A. Centers of youth activity such as playschools,

preparatory schools, elementary schools, high
schools, colleges & universities, youth hostels &
recreational facilities for persons under 18 yrs. old;
Continuation….

B. Elevators & stairwells;

C. Location in w/c fire hazards are present,

including gas stations & storage areas for

flammable liquids, gas, explosives or

combustible materials;
Continuation…

D.w/in the buildings & premises of public & private

hospitals. Medical, dental, & optical clinics, health
centers, nursing homes, dispensaries & laboratories;
E.Public conveyance & public facilities including airport &
ship terminals & train & bus stations, restaurant &
conference halls, except for separate smoking areas; and
F.Food preparation areas.
FREQUENT
UNAUTHORIZED If he incurs tardiness,
TARDINESS ( HABITUAL
TARDINESS) regardless of the number of
LIGHT OFFENSE minutes,
10 times a month for at
1st offense-Reprimand
least 2 months in a
2nd offense- 1 to 30 days
SUSPENSION
semester or
at least 2 consecutive
3rd offense- Dismissal from the
service. months during the year.
 FREQUENT UNAUTHORIZED TARDINESS
( HABITUAL TARDINESS)

Frequent Unauthorized Tardiness could

either be a grave or light offense
depending on the frequency of its
commission and its effects to the
government service. (CSC Resolution No. 00-1397
(PARUNGAO, Edwina D.G., June 13, 2000)
INSTANCES NOT SUFFICIENT REASONS TO
EXCUSE HABITUAL TARDINESS:

Moral obligations;
Performance of household chores;
Traffic problems & health;
Domestic & financial concerns.
(A.M. No. P-04-1860. Aug. 31, 2004 Re: Habitual Tardiness of
Guendolyn C. Sison)
GAMBLING
PROHIBITED BY LAWRefers to any game of monte,

LIGHT OFFENSE jueteng or any other form of

lottery, policy, banking, or
1 offense-
ST

Reprimand percentage game, dog races or

2nd offense-1 to 30 any other game of scheme the

days SUSPENSION
result of which depends wholly

3rd offense- Dismissal or chiefly upon chance or

from the service
hazard;
GOV’T EMPLOYEES PROHIBITED IN CASINOS
M.C. No. 6 issued by Exe. Secretary Salvador C. Medialdea
reiterates the prohibition on all gov’t officials connected
directly w/ the operation of the gov’t or any of its agencies
from entering any casino.
Exception:

Gov’t. personnel employed by the casinos who may be

allowed to stay in the premises.
REFUSAL TO RENDER
The refusal
OVERTIME SERVICE

LIGHT OFFENSE to render

1st offense- Reprimand

2nd offense- 1 to 30 days work must be

SUSPENSION

3rd offense- Dismissal from unjustified.

the service
DISGRACEFUL, IMMORAL Immorality has not been confined
OR DISHONEST CONDUCT
to sexual matters, but includes
PRIOR TO ENTERING THE
Conducts inconsistent w/
SERVICE
LIGHT OFFENSE
rectitude, or
1st offense- Reprimand Indicative of corruption,
2nd offense- 1 to 30 days indecency, depravity &
SUSPENSION
dissoluteness
3rd offense- Dismissal from the
service
 Orfila v. Arellano, A.M. No. P-06-
BORROWING MONEY BY 2110)
SUPERIOR OFFICERS Respondent clerk of court was

FROM SUBORDINATES found liable for the offense even

LIGHT OFFENSE

1st offense- Reprimand though the loan obtained from

her subordinate was already paid
2nd offense- 1 to 30 days
SUSPENSION and the fact that the

3rd offense- Dismissal from the subordinate was a money lender.

service.
WILLFUL FAILURE TO PAY Just debts
JUST DEBTS OR WIILFUL
Claims adjudicated
FAILURE TO PAY TAXES DUE

TO THE GOV’T.
by a court of law; or
LIGHT OFFENSE
Claims the existence
1st offense- Reprimand
and justness of
2nd offense- 1 to 30 days SUSPENSION
which are admitted
3rd offense- Dismissal from the
service
by the debtor.
WILLFUL FAILURE TO PAY JUST DEBTS
The DepEd has no jurisdiction over this offense
unless a decision has been rendered by a court of
law or the respondent admitted the existence of a
just debt.
It is necessary that debtor failed to pay his debt not
because he is insolvent but simply because he
refuses to pay the same.
Maratav. Fernandez (A.M. No. P-04-1871, August 9, 2005)

Having incurred a just debt, it is respondent’s

moral duty and legal responsibility when it
becomes due.
Her refusal to give any explanation for her failure
to pay complainant up to now manifests her
willful refusal to pay a just debt.
LOBBYING FOR PERSONAL INTEREST
OR GAIN IN LEGISLATIVE HALLS &
OFFICES W/O AUTHORITY
LIGHT OFFENSE

1st offense- Reprimand

2nd offense-1 to 30 days SUSPENSION

3rd offense- Dismissal from the service.

PROMOTING THE SALE OF TICKETS IN BEHALF OF

PRIVATE ENTERPRISES THAT ARE NOT INTENDED

FOR CHARITABLE OR PUBLIC WELFARE PURPOSES

& EVEN IN THE LATTER CASES, IF THERE IS NO

PRIOR AUTHORITY
LIGHT OFFENSE
 1st offense- Reprimand
 2nd offense- 1 to 30 days SUSPENSION
 3rd offense- Dismissal from the service
R.A. 5546 amending R.A. 4206
Prohibits the sale of tickets &/or the collection of
contributions in any form whatsoever, by any person
for any project or purpose, whether voluntary or
otherwise, from:
School children
Students & teachers of public & private schools;
Colleges & universities.
EXCEPTION TO THE PROHIBITION:

Membership fees of school children &

students in the Red Cross;
The girl scouts of the Philippines
Boy scouts of the Philippines.
FAILURE TO ACT PROMPTLY ON LETTERS &

REQUEST W/IN 15 DAYS FROM RECEIPT.

LIGHT OFFENSE

 1st offense- Reprimand

 2nd offense- 1 to 30 days SUSPENSION
 3rd offense- Dismissal from the service
CSC Decision No. 110425 (Galindez, July 21,
2011)
It is of record that one of the complainants is a
teacher in the same school of the respondent.
As such, although Galindez failed to respond to
the letters of the spouses, such letters cannot
be said to have been sent from the transacting
public.
Continuation….

Thus, Galindez can hardly be held

accountable for violating Section 5(a)
of RA 6713 when it comes to the
communications sent by complainant
co-employee.
Continuation…

It must be stressed that Section5(a) of RA 6713

mandates all public officials and employees to
respond, within fifteen days only to letters,
telegrams or other means of communication
sent by the public and NOT to those written
communications from co-employees of the same
Continuation….
‘Acting Promptly’ - does not always
mean automatic approval of the request
of the public. It could mean disapproval
or even a withholding of any action
depending on whether the request or
letter complies with the requirements
provided for by the law or office policies
and procedures.
FAILURE TO PROCESS DOCUMENTS & COMPLETE
ACTION ON DOCUMENTS & PAPERS W/IN A
REASONABLE TIME FROM PREPARATION THEREOF,
EXCEPT AS OTHERWISE PROVIDED IN THE RULES
IMPLEMENTING THE CODE OF CONDUCT & ETHICAL
STANDARDS FOR PUBLIC OFFICIALS & EMPLOYEES.
LIGHT OFFENSE
 1st offense- Reprimand
 2nd offense- 1 to 30 days SUSPENSION
 3rd offense- Dismissal from the service
FAILURE TO ATTEND TO ANYONE WHO
WANTS TO AVAIL HIMSELF OF THE SERVICE
OF THE OFFICE, OR ACT PROMPTLY &
EXPEDITIOUSLY ON PUBLIC TRANSACTION.
LIGHT OFFENSE

 1st offense- Reprimand

 2nd offense- 1 to 30 days SUSPENSION
 3rd offense- Dismissal from the service
ENGAGING IN PRIVATE PRACTICE OF HIS
PROFESSION UNLESS AUTHORIZED BY THE
CONSTITUTION, LAW OR REGULATION, PROVIDED
THAT SUCH PRACTICE WILL NOT CONFLICT W/ HIS
OFFICIAL FUNCTIONS
LIGHT OFFENSE
 1st offense- Reprimand
 2nd offense- 1 to 30 days SUSPENSION
 3rd offense- Dismissal from the service
RATIONALE:

Government employees are

expected to devote themselves
completely to public service.
PURSUIT OF PRIVATE BUSINESS, VOCATION
OR PROFESSION W/O THE PERMISSION
REQUIRED BY CIVIL SERVICE RULES &
REGULATIONS
LIGHT OFFENSE

 1st offense- Reprimand

 2nd offense- 1 to 30 days SUSPENSION
 3rd offense- Dismissal from the service
Pursuit of Private Business, Vocation or
Profession


Not perse objectionable
Does not interfere, directly or indirectly, with
duties as a public servant
Requires permission to avoid disciplinary
action.