Chapter 9 - Personnel Discipline

Chapter
9
PART II. HUMAN RESOURCE MANAGEMENT AND DEVELOPMENT
PERSONNEL DISCIPLINE
A. Norms of Conduct of Public Officials and Employees

(Pursuant to RA 6713)
Every public official and employee shall observe the following as standards of personnel conduct
in the discharge and execution of official duties:
1. Commitment to public interestPublic officials and employees shall always uphold public
interest over and above personal interest. All government resources and powers of their
respective offices must be employed and used efficiently, effectively, honestly, and economically,
particularly to avoid wastage in public funds and resources.
2. ProfessionalismPublic officials and employees shall perform and discharge their duties with the
highest degree of excellence, professionalism, intelligence and skill. They shall enter public
service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong
perceptions of their roles as dispensers or peddlers of under patronage.
3. Justness and SincerityPublic officials and employees shall remain true to the people at all
times. They must act with justness and sincerity and shall not discriminate against anyone,
particularly the poor and the underprivileged. They shall at all times respect the rights of others,
and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public
order, public safety, and public interest. They shall not dispense or extend undue favors on
account of their office to their relatives whether by consanguinity or affinity except with respect to
appointments of such relatives to positions considered strictly confidential or as members of their
personal staff where terms are co-terminous with theirs.
4. Political NeutralityPublic officials and employees shall provide service to everyone without
unfair discrimination and regardless of party affiliation or preference.
5. Responsiveness to the publicPublic officials and employees shall extend prompt, courteous,
and adequate service to the public. Unless otherwise provided by law or when required by public
interest, public officials and employees shall provide information on their policies and procedures
in clear and understandable language, ensure openness of information, public consultations and
hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules
and procedures, avoid red tape and develop an understanding and appreciation of
socioeconomic conditions prevailing in the country, especially in the depressed rural and urban
areas.
6. Nationalism and patriotismPublic officials and employees shall at all times be loyal to the
Republic and to the Filipino people, promote the use of locally-produced goods, resources and
technology and encourage appreciation and pride of country and people. They shall endeavor to
maintain and defend Philippine sovereignty against foreign intrusion.
7. Commitment to DemocracyPublic officials and employees shall commit themselves to a
democratic way of life and values, maintain the principle of public accountability, and manifest by
deeds of supremacy of civilian authority over the military. They shall at all times uphold the
constitution and put loyalty to person or party.
8. Simple LivingPublic officials and employees and their families shall lead modest lives
appropriate to their positions and income. They shall not indulge in extravagant or ostentatious
display of wealth in any form.
B. Grounds for Disciplinary Action
In line with the principle of effective management and administration, both the employee and his
supervisors may be meted disciplinary action for certain violation of office rules and regulations.
Depending on their gravity, these offenses are punishable by any or a combination of the following:
reprimand, suspension, fine, demotion, transfer, forced resignation or dismissal from the service.
C. Administrative Offenses and Corresponding Penalties

Administrative offenses provided for under the Civil Service Law (Presidential Decree No. 807) and
the Code of Conduct (RA No. 6713), classified in grave, less grave, light and their corresponding
penalties:
1. Grave Offensesthese types of offenses shall have corresponding penalties as follows:
Offenses
Penalty
a) Dishonesty
1st Offense : Dismissal
b) Gross Neglect of Duty
c) Grave Misconduct
d) Being Notoriously Undesirable
e) Conviction of a crime involving

moral turpitude
f)
Falsification of Official documents
g) Physical or mental incapacity or

disability due to immoral or vicious habits.
h) Engaging directly or indirectly in partisan

political activities by one holding
non-political office
i)
Receiving for personal use of a fee, gift

or other valuable thing in the course of
official duties or in connection therewith
when such a fee, gift or other valuable
things is given by any person in the hope
or expectations of receiving a favor or
better treatment than that accorded to
other persons, or committing acts
punishable under the anti-graft law.
Offenses
j)
1st Offense: Dismissal
Penalty
Contracting loans of money or other

property from persons with whom the office
of the employee has business relations.
k) Soliciting or accepting directly or indirectly,

any gift, gratuity, favor, entertainment, loan or
anything of money or 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
functions of his Office. The propriety or
impropriety of the foregoing shall be determined
by its value, kinship, or relationship between
the giver and the receiver and the motivation of
thing of money value is one which is evidently
or manifestly excessive by its very nature.
l)
Nepotism, as defined in Sec. 59 of

Book V, Executive Order No. 292
m) Disloyalty to the Republic of the

Philippines and to the Filipino people.
n) Oppression
1st Offense: six months and one day

to one year suspension
2nd Offense: Dismissal
o) Disgraceful and immoral conduct

p) Inefficiency and incompetence in the

performance of official duties.

q) Frequent unauthorized absences or

tardiness in reporting for duty, loafing
or frequent unauthorized absences from
duty during regular office hours.

Offenses
Penalty
r)
Refusal to perform official duty
1st Offense: six months and one

day to one year suspension
s) Gross insubordination
1st Offense : six months and one

t)

Conduct grossly prejudicial to the

best interest of the service
u) Directly or indirectly having financial

material interest in any transaction
requiring the approval of his office.
Financial and material interest is defined
as pecuniary or proprietary interest by
which a person will gain or lose something
1st Offense : six months and one and

v) Owning, controlling, managing or

accepting employment as officer,
employee, consultant, counsel, broker, agent,
trustee, or nominee in any private enterprise
regulated, supervised or licensed by his
office, unless expressly allowed by law.

w) Disclosing or misusing confidential or

classified information officially known to
him by reason of his office and not made
available to the public, to further his private
interests or give undue advantage to anyone,
or to prejudice the public interest.

x) Obtaining or using any statement filed under

the Code of Conduct and Ethical Standards
for Public Officials and Employees for any
purpose contrary to morals or public policy
or any commercial purpose other than by news
and communications media for dissemination
to the general public.

Offense
Penalty
y) Recommending any person to any position

1st Offense: six months and one
position in a private enterprise which has a
regular or pending official transaction with his 2nd Offense: Dismissal
office, unless such recommendation or referral
is mandated by (1) law, (2) international
agreements, commitment and obligation, or
as part of the function of his office.
2. Less Grave Offenses
a) Simple neglect of duty
1st Offense : one month and one

b) Simple misconduct

c) Gross discourtesy in the course of

official duties

d) Violation of existing Civil Service Law

and rules of serious nature

e) Insubordination

f)

Habitual drunkenness
g) Unfair discrimination in rendering

public service due to party
affiliation or preference
Offense

Penalty
h) Failure to file sworn statements of assets,

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 households

i)

Failure to resign from his position in the

private business enterprise within 30 days
from assumption of public office when
conflict of interest arises, and/or failure to
divest himself of his shareholdings or interest
in private business enterprise within 60 days
from such assumption of public office when
conflict of interest arises; Provided, however,
that for those who are already in the service
and conflict of interest arises, the official or
employee must either resign or divest himself
of said interest within the periods hereinabove;
provided, reckoned from the date when the
conflict of interest had arisen.
3. Light Offenses
Offense
a) Discourtesy in the course of official duty
Penalty
1st offense: Reprimand
2nd offense: Suspension
from 1-30 days
3rd offense: Dismissal
b) Improper or unauthorized solicitation of

contributions from subordinate employee
and by teachers or school officials from
school chilldren

from 1-30 days
c) Violation of reasonable office rules and

regulations

from 1-30 days
Penalty
Offense
d) Frequent unathorized tardiness
(Habitual tardiness)

from 1-30 days
e) Gambling prohibited by law

from 1-30 days
f)

from 1-30 days
Refusal to render overtime service
g) Disgraceful, immoral or dishonest

conduct prior to entering the service
h) Borrowing money by Superior officers

from subordinates
i)
Lending money at usurious rates

of interest
j)
Willful failure to pay just debts or willful

failure to pay taxes due to the
government

from 1-30 days
from 1-30 days
from 1-30 days
from 1-30 days
The term "just debts" shall apply only to:

(1)
(2)
Claims adjudicated by a court of law, or

Claims the existence and justness of which are admitted by the debtor.
Offense
Penalty
k) Lobbying for personal interest or gain

in legislative halls and offices without
authority

from 1-30 days
l)

from 1-30 day
Promoting the sale of tickets in behalf

of private enterprises that are not
intended for charitable or public welfare
purposes and even in the latter cases, if
there is no prior authorization
m) Failure to act promptly on letters and

requests within 15 days from receipt,
except as otherwise provided in the rules
implementing the Code of Conduct and
Ethical Standards for Public Officials and
Employees

from 1-30 days
n) 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

from 1-30 days
o) Failure to attend to anyone who wants to

avail himself of the service of the office,
or act promptly and expeditiously on
public transactions.

from 1-30 days
p) Engaging in private practice of his

profession unless authorized by the
constitution, law or regulation, provided
that such practice will not conflict with
his official functions.

from 1-30 days
q) Pursuit of private business, vocation or

profession without the permission
required by Civil Service rules and
from 1-30 days
regulations.
Only one penalty shall be imposed for each case. "Each case" means one administrative case
which may involve one or more charges or counts. In determining the penalties to be imposed, mitigating
or aggravating circumstances may be considered. If an employee is found guilty for two or more charges
or counts, the penalty to be imposed should be that corresponding to the most serious charge or count
and the rest may be considered as aggravating circumstances.
The second or the third offense committed need not be the same offense previously committed but
any offense of the same classification.
D. Duration and Effect of Administrative Penalties
The following rules shall govern the imposition of administrative penalties:

1) The penalty of dismissal shall result in the permanent separation from the service,
without prejudice to criminal or civil liability.
with
or
2) The penalty of transfer shall carry with it the sanction that failure on the part of an employee to
seek transfer to another office within a period of not less than 90 days, he shall be considered
resigned. The penalty of transfer may be imposed with a condition that said employee shall be
barred from holding a position including property or money responsibility.
3) The penalty of demotion shall include reduction in rank, or salary, or both.
4) The penalty of suspension shall result in the temporary cessation of work for a period not
exceeding one year. Suspension of one day or more shall be considered a gap in the
continuity of service. During the period of suspension, the employee shall not be entitled to all
money
benefits including leave credits.
5) The penalty of fine shall be in an amount not exceeding six months salary of the employee. The
computation thereof shall be based on the salary rate of the employee when the decision
becomes final and executory.
6) The penalty of reprimand or censure shall not carry with it any accessory penalty nor result
the temporary cessation of work.
in
E. Administrative Disabilities/Accessories to Administrative Penalties

1)
2)
3)
4)
5)
Cancellation of eligibilities
Forfeiture of retirement benefits
Disqualification for reinstatement or reemployment
Disqualification for promotion
Bar from taking any Civil Service examination
F. Administrative Disabilities Inherent in Certain Penalties

1) The penalty of dismissal shall carry with it that of cancellation of eligibility, forfeiture of
retirement benfits, and the perpetual disqualification for reemployment in the government
service, unless otherwise provided in the decision.
2) The penalty of transfer shall carry with it disqualification for promotion for a period of six
months from the date the employee reports to the new position or station.
3) The penalty of demotion shall carry with it disqualification for promotion at the rate of two
months for every step or one month for every range of salary by which he was demoted to be
computed from the date he reports to the new position or station.
4) The penalty of suspension shall carry with it disqualification for promotion corresponding to
the period of suspension.
5) The penalty of fine shall carry with it disqualification for promotion for a period twice the
number of days he was fined.
6) The penalty of fine shall be paid to the NEDA, computed on the basis of the employee's salary
at the time the decision becomes final and executory.
7) The following are the Guidelines for the payment of fine:
a) Fines shall be paid within a period not exceeding one year reckoned from the date the
decision/resolution becomes final and executory.
b) Fine may be paid in equal monthly installments subject to the following schedule of
payment prescribed below:
(1)
Fine equivalent to one month salary shall be paid within two months;
(2)
Fine equivalent to two months salary shall be paid within four months;
(3)
Fine equivalent to three months salary shall be paid within six months;
(4)
Fine equivalent to four months salary shall be paid within eight months; and
(5)
Fine equivalent to six months salary shall be paid within twelve months.
c) Should the employee fails to pay in full the fine within the prescribed period, he shall
be deemed to have failed to serve the penalty imposed, hence, the disqualification
for promotion shall remain in effect until such time that the fine is fully paid.
8) The penalty of reprimand shall not carry with it any of the accessory penalties.
9) A warning or admonition shall not be considered a penalty.
G. Effect of Exoneration on Certain Penalties

1) In case the penalty imposed is a fine, the same shall be rendered.
2) In case the penalty imposed is demotion, the exonerated employee shall be restored to his former
position without loss of seniority rights with payment of salary differentials.
3) In case the penalty imposed is transfer, the employee shall immediately be restored to his
former post unless he/she decides otherwise. In case there is demotion in rank, salary or status,
he shall be restored to his former rank, salary or status.
4) In case the penalty imposed is suspension, the employee shall immediately be reinstated to his
former post without loss of seniority rights with payment of back salaries.
5) In case the penalty imposed is dismissal, the employee shall immediately be reinstated without
loss of seniority rights with payment of back salaries.
Mandatory leave benefits shall not be charged against the employee's leave credits.
The employee who is exonerated by final judgement shall be entitled to leave credits for the period
he had been out of the service.
H. Jurisdiction
Administrative proceedings may be initiated against an employee by the Director-General (DG).

Where the penalty to be imposed is suspension of not more than 30 days or a fine of its equivalent salary,
his decision is final and executory.
If the penalty to be imposed, however, is suspension for more than 30 days or its equivalent salary,
the decision may be initially appealed to the DG or the NEDA Grievance Committee and finally the Civil
service Commission. Pending appeal, the decision is executory except when the penalty is dismissal in
which case the same is executed only after confirmation by the Director-General.
Complaints by private persons against an employee are filed with the Authority or directly with the
Civil Service Commission which may hear the case itself or deputize the Authority, an agency or group of
persons to conduct the investigation. The results of the inquiry, together with the recommendations on
the actions to be taken, are submitted to the Civil Service Commission for implementation.
I. Procedure for Investigation
In case the complainant is a person other than the employee's immediate supervisor or head of
office, he shall submit his sworn statement and those of his witnesses, together with the documentary
evidence. If a prima facie case exists, the disciplining authority notifies him in writing of the charges
against him, including copies of the complaints, sworn statements and other submitted documents.
He is required within 72 hours upon receipt of the complaint to answer the charges in writing under
oath, together with his counter evidence in which case, he indicates whether or not he chooses a formal
inquiry. Should his answer be found satisfactory, however, the disciplining authority dismisses the case.
He may be placed under preventive suspension pending the investigation of the case if the charges
against him involve any of the above-listed offenses or if the charge is serious and there is sufficient
reason to believe that he is guilty.
Should his case has not been decided upon within 90 days after the date of his suspension, he is
automatically reinstated.
He may be summarily dismissed from the service if any of the following circumstances is present:
1. Where the charges are serious and the evidence is strong;
2. Where he has been repeatedly charged and there is reasonable ground to believe that he is guilty;
and
3. Where he is notoriously undesirable.

Chapter 9 - Personnel Discipline

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Chapter 9 - Personnel Discipline

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Chapter

A. Norms of Conduct of Public Officials and Employees

C. Administrative Offenses and Corresponding Penalties

1st Offense : Dismissal

b) Gross Neglect of Duty

1st Offense : Dismissal

1st Offense : Dismissal

d) Being Notoriously Undesirable

1st Offense : Dismissal

e) Conviction of a crime involving

1st Offense : Dismissal

1st Offense : Dismissal

Falsification of Official documents

g) Physical or mental incapacity or

1st Offense : Dismissal

h) Engaging directly or indirectly in partisan

1st Offense : Dismissal

Receiving for personal use of a fee, gift

1st Offense: Dismissal

Contracting loans of money or other

1st Offense : Dismissal

k) Soliciting or accepting directly or indirectly,

1st Offense : Dismissal

Nepotism, as defined in Sec. 59 of

1st Offense : Dismissal

m) Disloyalty to the Republic of the

1st Offense : Dismissal

1st Offense: six months and one day

o) Disgraceful and immoral conduct

1st Offense: six months and one day

p) Inefficiency and incompetence in the

1st Offense: six months and one day

q) Frequent unauthorized absences or

1st Offense: six months and one day

Refusal to perform official duty

1st Offense: six months and one

1st Offense : six months and one

1st Offense : six months and one

Conduct grossly prejudicial to the

u) Directly or indirectly having financial

1st Offense : six months and one and

v) Owning, controlling, managing or

1st Offense : six months and one

w) Disclosing or misusing confidential or

1st Offense : six months and one

x) Obtaining or using any statement filed under

1st Offense : six months and one

y) Recommending any person to any position

a) Simple neglect of duty

1st Offense : one month and one

1st Offense : one month and one

c) Gross discourtesy in the course of

1st Offense : one month and one

d) Violation of existing Civil Service Law

1st Offense : one month and one

1st Offense : one month and one

1st Offense : one month and one

g) Unfair discrimination in rendering

1st Offense : one month and one

h) Failure to file sworn statements of assets,

1st Offense : one month and one

1st Offense : one month and one