Civil Service Commission

Regional Office No. 1

 Administrative Discipline

That part of Administrative Law which

deals with administrative infractions or
grounds for disciplinary actions,
administrative penalties and
administrative disciplinary procedure.
 LEGAL BASIS
Philippine Constitution of 1987
Article XI Section 1
“Public Office is a Public Trust. Public
officers and employees must at all times be
accountable to the people, serve them with
utmost responsibility, integrity, loyalty and
efficiency, act with patriotism and justice, and
lead modest lives. ”
CHARACTERISTICS OF ADMINISTRATIVE
DISCIPLINE:

Administrative Offenses do not prescribe

Administrative cases are not subject to

settlement

The withdrawal of the complainant is not a

ground for the dismissal of the complaint

The complainant is a mere witness to the

commission of the Offense, hence, anybody
can file an administrative complaint.
Section 2 (3), Article IX-B of the Constitution
No officer or employee in the civil
service shall be removed or suspended
except for cause as provided for by law.
Section 1, Article III of the Constitution
No person shall be deprived of life, liberty
or property without due process of law nor
shall any person be denied the equal
protection of law.
 What is Due Process?
Contemplates notice and opportunity to be
heard before judgment is rendered
affecting one’s person or property.

Due Process in Administrative Proceedings

An opportunity to explain one’s side or an
opportunity to seek reconsideration of
the action or ruling complained of.
1. To be informed of the nature and cause of the
accusations filed against him.

2. To file/submit his answer or comment on the

accusations against him.

3. To present/submit his evidence in support of

his answer.

4. Right to preliminary investigation and formal

investigation
5. Right to speedy disposition of cases.

6. Right to appear and defend himself or by a

counsel of his own choice in a formal
investigation and hearings.

7. Right to seek reconsideration of any rulings or

decisions and the right to appeal which
includes judicial remedies.
JURISDICTION - the power and authority of a
court or quasi-judicial body to hear, try and decide a
case .

Jurisdiction is conferred by substantive law

or by statutes.

Once jurisdiction has been acquired, the

administrative body retains it until final
termination of the case. The administrative
body first acquiring the same excludes all
others.
JURISDICTION:

Heads of Agencies

Heads of local government units,

national government agencies, GOCCs
and SUCs shall have original concurrent
jurisdiction with the Commission, over
their respective officers and
employees.
 RULE II—DISCIPLINARY CASES

Section 8. Complaint

1. It must be in writing
2. It must be under oath
EXCEPTION:
If initiated by the proper disciplining
Authority, complaint need not be
under oath
Requirements of a valid complaint:

1. Full name and address of the complainant

2. Full name and address of the person

complained of as well a his position and
place of employment

3. A narration of the relevant and material

facts which shows the acts or omissions
allegedly committed by the civil servant
4. Certified true copies of documentary
evidence and affidavits of witnesses, if any

5. Certification or statement of non-forum

shopping.

In the absence of any one of the

aforementioned requirements, the
complaint shall be dismissed.
FORUM SHOPPING

The filing of a similar complaint before

another agency or tribunal.

STATEMENT OF NON-FORUM SHOPPING

A statement that no other administrative

action or complaint against the same party
involving the same acts or omissions and issues
has been filed before another agency or
administrative tribunal.
Anonymous complaints:

No anonymous complaint shall be

entertained unless there is obvious
truth or merit to the allegations therein
or supported by documentary or direct
evidence, in which case the person
complained of may be required to
comment.
 ACTION ON THE COMPLAINT

1. Require the person complained of to submit

his counter affidavit/comment on the
complaint

NOTE:

Failure to file answer/comment is deemed a

waiver
2. Call parties to a clarificatory conference

3. Ex parte examination of records and

documents submitted by the parties as well as
documents readily available from other offices

4. Determine if a prima facie case exists to

warrant issuance of a formal charge.
PRIMA FACIE CASE

A prima facie case exists when there is

sufficient ground to engender a well
founded belief that an administrative
offense has been committed and that the
person complained of is probably guilty
thereof based on evidence presented.
5. Decide on the complaint

a. Dismiss the complaint; or

b. Issue formal charge
 FORMAL CHARGE
CONTENTS
1. Specification of the Charges

2. Brief statement of material/relevant facts

3. A directive to answer the charges in writing

and under oath within 3 days from receipt of
the Formal Charge
4. Advice respondent to indicate in his
answer whether or not he elects a formal
investigation
5. Inform respondent that he is entitled to be
assisted by counsel
 PREVENTIVE SUSPENSION
CONDITIONS
1. May only be issued upon issuance of a Formal
Charge or immediately thereafter
2. If the charge/s involve:
a. Dishonesty
b. Oppression
c. Grave Misconduct
d. Neglect in the performance of Duty
e. If there are reasons to believe that the
respondent is guilty of the charge
which would warrant his removal
from the service
RATIONALE
To remove the respondent from the scene of
his misfeasance during the investigation and to
preclude any possibility of undue influence or
pressure on witnesses or tampering of
documentary evidence on file with his office.

DURATION

Ninety (90) calendar days

If respondent is on maternity/paternity leave,

the preventive suspension shall be deferred or
interrupted until the leave has been fully
enjoyed
REMEDY

Appeal within 15 days from receipt of Order

SUBSTITUTE FOR PREVENTIVE SUSPENSION

In lieu of Preventive Suspension , for the same
purpose, the proper disciplining authority or
head of office, may reassign respondent to
other units of the agency during the formal
hearing.
Effect Of Pendency Of Admin. Case
Does not disqualify respondent for promotion
or from claiming maternity/paternity leave
benefits

Pending Administrative Case

a. After issuance of a Formal Charge

b. If the complaint was filed by a private

individual, after a prima facie case has
been found to exist by the disciplining
authority.
 Effect Of Death of Respondent in
Administrative Cases
CSC Resolution No. 10-0341 dated February 24, 2010

1. While the case is pending

FORMAL INVESTIGATION

2. While the case is on APPEAL

 REMEDIES
 Motion for Reconsideration
 Appeal
 Petition for Executive Clemency
1. Grave Offenses

2. Less Grave Offenses

3. Light Offenses
I.
1st Offense— Dismissal

II.
1st Offense— 6 months & 1 day to
1 year suspension

2nd Offense— Dismissal

1st Offense— 1 month & 1 day to
6 months suspension

2nd Offense— Dismissal

1st Offense— Reprimand

2nd Offense— 1 day to 30 days

Suspension

3rd Offense— Dismissal

Dishonesty
(as amended by CSC Resolution No. 060538)

Dishonesty is the concealment or

distortion of truth which shows lack
of integrity or a disposition to
defraud, cheat, deceive or betray and
an intent to violate the truth.
A. Serious Dishonesty

B. Less Serious Dishonesty

C. Simple Dishonesty
Gross Neglect of Duty

Neglect of Duty

Failure to give proper attention to a

task expected of an employee
resulting from either carelessness or
indifference.
 Neglect of Duty

Simple vs. Gross

 Less Grave Offense  Grave Offense
 Penalty  Penalty
 Not characterize by  Flagrant & Shameful
Flagrancy or
shamelessness
Grave Misconduct

Misconduct

It is a deviation from the established

norms of conduct required of a public
servant.
 MISCONDUCT

Simple vs. Grave

 Less Grave Offense
 Suspension Dismissal
 May or may not be
related to official duties
and functions
 Grave Offense
 Dismissal-1st Offense
 Must affect the
performance of official
duties and function
 Elements of corruption,
clear intent to violate the
law is made manifest
Notoriously Undesirable
The test of being notoriously undesirable
is two-fold:

1. Whether it is common knowledge or

generally known to be true or manifest
to the world that petitioner committed
the acts imputed against him;
2. Whether he has contracted the habit
for any of the enumerated
misdemeanors
 Conviction of a Crime Involving
Moral Turpitude

Elements:

1. Conviction of a crime
2. The crime involves moral turpitude

3. Conviction must have become final

and executory
Includes any act done contrary to
justice, honesty, modesty or good
morals.

Examples:
Adultery, concubinage, rape, arson,
evasion of income tax, bigamy, bribery,
extortion, forgery, murder, seduction,
etc.
Falsification of Official Documents
►Misrepresentation of a thing, fact or
condition, certifying that a thing is true
when it is not, whether one has the right
to made the representation or certificate.

►it is immaterial whether it has caused damage

to a third to a third person or not.
Engaging Directly or Indirectly in
Partisan Political Activities by
one Holding Non-Political Office

►Engaging in active support for the

affiliation with the cause of a political
party or candidate
Such as:

a. Being a delegate to any political

convention

b. Being an officer or a member of any

political committee, party or
organization

c. Delivering speeches, canvassing or

soliciting votes or political support
or contribution for a political party or
candidate.
Soliciting or accepting directly or
indirectly, any gift, gratuity, favor
entertainment, loan or anything of
monetary value in the course of his
official duties or in connection with
any transaction which may be
affected by the functions of his
Office.
Nepotism
The issuance of appointment
in favor of a relative within the
third degree of the following:
a. Appointing Authority
b. Recommending Authority
c. Chief of the Bureau or Office
d. Persons exercising immediate
supervision over him.
☻ Section 79, LGC of 1991

No person shall be appointed in

the career service of the local
government if he is related within
the 4th degree of consanguinity
or affinity to the appointing or
recommending authority.
 Grandparents

Uncle/Aunt Parents

Appointing Authority Sibling

Cousin

Children Niece/Nephew

Grandchildren
Oppression
1st Offense—Suspension of 6 months
and 1 day to 1 year
2nd Offense—Dismissal

An act of cruelty, severity, unlawful

exaction, domination or excessive use
of authority.
Refers to acts which violate the basic
norm of decency, morality and decorum
abhorred and condemned by society. It
refers to conduct which is willful, flagrant
or shameless, and which shows a moral
indifference to the opinions of the good
and respectable members of the
community
Frequent unauthorized absences, or
tardiness in reporting for duty,
loafing or frequent unauthorized
absences from duty during regular
office hours
 Policy on Undertime
CSC Memorandum Circular No. 16, s. 2010
August 6, 2010

Any officer or employee who incurs

undertime, regardless of the number of
minutes/hours, 10 times a month for at least 2
months in a semester or two (2) consecutive
months during the year shall be liable for
Simple Misconduct and Conduct Prejudicial to
the Best Interest of the Service
 Policy on Half Day Absence
CSC Memorandum Circular No. 17, s. 2010
August 6, 2010

Any officer or employee who is absent in the

morning is considered to be TARDY and is
subject to the provisions on Habitual
Tardiness.

Any officer or employee who is absent in the

afternoon is considered to have incurred
undertime.
Gross Insubordination

Insubordination is a refusal to obey

some order which a superior officer
is entitled to give and have obeyed.
The term imports a willful or
intentional disregard of the lawful
and reasonable instructions of the
employer.
 Insubordination

Gross vs. Simple

 Grave Offense
 Less Grave Offense

 1 Suspension of
st  1st Offense—
6 months and 1 Suspension of 1
day to 1 year month and 1 day to 6
months

2nd Dismissal
2nd Dismissal
 Conduct Prejudicial to the Best
Interest of the Service.

An unwarranted act that results in an

undue prejudice to the best interest of
the service in the sense that the
government is denied the benefit of a
committed service that could have been
rendered.
Gross Discourtesy in the course
of official duties

Connotes ill manners, incivility

and rudeness in dealing with
clients
Failure to file Sworn Statement of
Assets and Liabilities and Net
Worth, and Disclosure of
business interest and financial
connections including those of
their spouses and unmarried
children under 18 years of age
living in their household.
Habitual Drunkenness

Refers to the state or condition of having

developed the habit of engaging in the
excessive use of intoxicating drinks.
 Prohibition on the Consumption of
Alcoholic Beverages
CSC Resolution No. 1100039 dated January 10,
2011
 General prohibition on Consumption of Liquor
in the workplace among government officials
and employees during office hours.
 Reporting for work while under the influence
of alcohol
 Exception: During program and rituals with
prior permission from Head of Office
 Liable for Simple Misconduct
 Improper or unauthorized solicitation
of contributions from subordinate
employees and by teachers or school
officials from school children
Violation of reasonable office rules
and regulations.
 Gambling Prohibited by Law

Refusal to render overtime service

Disgraceful, Immoral or
dishonest conduct prior to entering
the service
Borrowing money by superior
officers from subordinates.
Willful failure to pay just debts

Just debts shall apply only to;

a. Claims adjudicated by a court

of law; or
b. Claims the existence and
justness of which are admitted
by the debtor
Failure to act promptly on letters
and requests within 15 days from
receipt, except as otherwise
provided in the Rules
Implementing the Code of Ethical
Standards for Public Officials
and Employees.
Failure to process documents and
complete action on documents and
papers within a reasonable time
from preparation thereof, except
as otherwise provided in the rules
implementing the Code of Conduct
and Ethical Standards for Public
Officials and Employees.
Engaging in Private practice of his
profession unless authorized by
the constitution, law or regulation
provided that such practice will not
conflict with is Official functions.
 Pursuit of private business,
vocation or profession without
permission required by civil
service rules and regulations.