Adminisrative Offenses in the DepEd

 Administrative Offenses

Sec. 1, Art. XI, Philippine Constitution Public office is a public trust. Public officers and employees  must at all times times be accountable accountable to the people, serve them  with utmost responsibility, responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

Sec. 1, Art. XI, Philippine Constitution Public office is a public trust. Public officers and employees  must at all times times be accountable accountable to the people, serve them  with utmost responsibility, responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

CLASSIFICATION CLASSIFICATION OF OFFENSES

GRAVE OFFENSES Penalty: 1ST Offense: six (6) months and one (1) day to

one (1) year Suspension / Dismissal from the service

LESS GRAVE OFFENSES Penalty: 1st Offense: thirty (30) days to six (6) months

Suspension

LIGHT OFFENSES Penalty: 1st Offense:

Reprimand

n.b. fifty 0ne (51) acts or omissions committed by a  public servant servant constitute constitute an administrative administrative offense. offense.

SCHEDULE OF PENALTIES GRAVE OFFENSES 1.

Gross Neglect of Duty

2.

Dishonesty

3.

Grave  Misconduct

4.

Being  Notoriously Undesirable

5.

Conviction of a crime involving  moral turpitude

6.

Falsification of official document

7.

Physical or  mental incapacity or disability due to immoral or vicious habits

8.

Engaging directly or indirectly in  partisan  political activities by one holding non-political office

9.

Receiving for  personal use of a fee, gift or other valuable thing in the course of official duties xxx

SCHEDULE OF PENALTIES GRAVE OFFENSES 10. Contracting loans of money or other  property from  persons with  whom the office of the employee has business relations

11. 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 xxx 12. Nepotism

13. Disloyalty to the Republic of the Philippines and to the Filipino people 14. Oppression 15. Disgraceful and immoral conduct

SCHEDULE OF PENALTIES GRAVE OFFENSES 16. Inefficiency and incompetence in the performance of official duties 17. Frequent unauthorized absences or tardiness xxx 18. Refusal to  perform official duty

19. Gross insubordination 20. Conduct  prejudicial to the best interest of the service 21. Directly or indirectly having financial and  material interest in any transaction xxx

22. Owning, controlling,  managing or accepting employment xxx in any private enterprise regulated, supervised or licensed by his office, unless expressly allowed by law.

SCHEDULE OF PENALTIES GRAVE OFFENSES 23. Disclosing or  misusing confidential or classified information xxx 24. Obtaining or using any statement filed under the Code of Conduct and Ethical Standards for Public Officials and Employees xxx

25. Recommending any person to any position in a private enterprise  which has a regular or  pending official transaction  with his office, xxx

SCHEDULE OF PENALTIES LESS GRAVE OFFENSES 1. 2.

Simple neglect of duty Simple  misconduct

3.

Gross discourtesy in the course of official duties

4.

Violation of existing Civil Service Law and rules of serious nature

5.

Insubordination

6. 7.

Habitual Drunkenness Unfair discrimination in rendering  public service due to party affiliation or  preference.

8.

Failure to file sworn statements of assets, liabilities and net worth, and disclosure of  business interest and financial connections xxx

SCHEDULE OF PENALTIES LESS GRAVE OFFENSES 9.

Failure to resign from his  position in  private  business enterprise  within thirty (30) days from assumption of  public office xxx

6. 7.

Habitual Drunkenness Unfair discrimination in rendering  public service due to party affiliation or  preference.

8.

Failure to file sworn statements of assets, liabilities and net worth, and disclosure of  business interest and financial connections xxx

SCHEDULE OF PENALTIES LIGHT OFFENSES 1.

Discourtesy in the course of official duties

2.

Improper or unauthorized solicitation of contribution from subordinate employees and  by teachers or school officials from school children.

3.

Violation of reasonable office rules and regulations

4.

Frequent unauthorized tardiness (Habitual Tardiness)

5.

Gambling  prohibited by law

6.

Refusal to render overtime service

7.

Disgraceful, immoral or dishonest conduct prior to entering the service

8.

Borrowing money  by superior officers from subordinates

SCHEDULE OF PENALTIES LIGHT OFFENSES 9.

Lending money at usurious rates of interest

10. Willful failure to pay just debts xxx 11. Lobbying for  personal interest or gain in legislative halls and offices without authority

12. 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 authority

13. Failure to act  promptly on letters and request within fifteen (15) days from receipt, xxx 14. Failure to  process documents xxx  within a reasonable time xxx

SCHEDULE OF PENALTIES LIGHT OFFENSES 15. Failure to attend to anyone who  wants to avail himself of the service of the office, or act  promptly and expeditiously on public transaction

16. Engaging in  private  practice of his  profession xxx 17. Pursuit of  private  business, vocation or  profession  without the  permission required by Civil Service rules and regulations

COMMONLY COMMITTED  ADMINISTRATIVE OFFENSES

DISHONESTY  Any act which shows lack of integrity or a disposition to defraud, cheat, deceive or betray. It also consists of an intent to violate the truth.

1st Offense:

DISMISSAL from the service

Common Examples of Dishonest Acts Stealing government property

•

Cheating in Principal’s Test

•

Fraudulent Reimbursements

•

False information on applications for  promotion •

Erroneous entry on SAL

•

False entries in Form 48, Form 6, Form 212 •

False entry on PDS

•

FALSIFICATION OF OFFICIAL DOCUMENTS To counterfeit or forge; to make something false; to give a false appearance to anything. The alteration of, addition to, or tampering with a record or document.

1st Offense:

DISMISSAL from the service

 Notes on Falsification Important Elements: 1)Malicious intent; 2) Prejudice to the Government or to an innocent third party Documents commonly falsified

Form 48 (DTR), Form 212 (PDS), Diploma, OTR, Certificates, Official Receipts submitted for liquidation, Medical Certificates, Certificates of Appearance, Form 137/138, Vouchers, Birth Certificates, Marriage Certificates, Death Certificates, PRC Ratings, CSC Eligibility

 Notes on Falsification To be administratively liable for the use of a falsified document, it must be shown that the respondent knew of the falsity of the document yet went on to use it. It must be shown that respondent had knowingly introduced in evidence a falsified document. Falsification cannot be presumed. It must be proved.

GRAVE MISCONDUCT The transgression of some established or definite rule of action more  particularly unlawful behavior or gross negligence by the public officer.

1st Offense:

DISMISSAL from the service

 Notes on Grave Misconduct Important Elements: 1) Act must have been committed in the course of official functions; 2) Either mala in se or mala prohibita Common Acts constituting Grave Misconduct

Violation of R.A. 7610 (Child Abuse), R.A. 7787 (Sexual Harassment), R.A. 3019 (Anti-Graft & Corrupt Practices Act), R.A. 9184 (Government Procurement Act)

GROSS NEGLECT OF DUTY Implies wanton negligence and open disregard for one’s duties and function

and omission or refusal without sufficient causes to perform an act or duty which is the officer’s legal

obligation to perform.

1st Offense:

DISMISSAL from the service

 Notes on Gross Neglect **Acts grossly disadvantageous to the government Common Cases of Gross Neglect of Duty  Death

or injury suffered by pupil in school or during activity sanctioned by school officials  Loss

or Destruction of government property

 Lesson

Plan

Inefficiency and incompetence in the  performance of official duties The manifest lack of adequate ability and fitness for the satisfactory performance of official duties by reason of the officer’s vice

or vicious habit.

1st Offense: 6 months and 1 day to 1 year

SUSPENSION 2nd Offense:

DISMISSAL from the service

 Notes on Inefficiency & Incompetence

Repeated failure to perform one’s official functions to the prejudice of the government or the lack of ability to perform satisfactorily

Manifest inability to perform functions because of sickness, poor health, vicious habits, or utter ignorance Ex. Deafness, dementia

GROSS INSUBORDINATION  A deliberate and willful refusal to comply with a lawful order of a higher authority.

1st Offense: 6 months and 1 day to 1 year

SUSPENSION 2nd Offense:

DISMISSAL from the service

Discourtesy in the course of official duties 1st Offense:

Reprimand

nd  2   Offense: 1 day to 30 days

3rd Offense:

SUSPENSION

DISMISSAL from the service

 Notes on Discourtesy and Insubordination 





Disregard of rank, age or gender Committed in the course of functions Unbecoming a government employee







Order must be lawful Must be related to subordinate’s function Must be reasonable

 WILLFUL REFUSAL TO PAY JUST DEBTS 

Only claims adjudicated by a court of law; and   the existence and justness of which are admitted by the debtor. 1st Offense:

Reprimand

nd  2   Offense: 1 day to 30 days

3rd Offense:

SUSPENSION

DISMISSAL from the service

 Notes on Willful Refusal to Pay a Just Debt

Elements:

1)A court decision; or 2) Admission by Debtor; or 3) Debtor has entered compromise agreement

 Notes on Willful Refusal to Pay a Just Debt Creditor has no standing to seek action from DepEd because 1) DepEd is not privy to contract/agreement; and 2) DepEd is not the  proper party to compel payment. Recourse must be made to the Courts and not to the DepEd, which has no authority to ascertain validity of claims by the debtor

DISGRACEFUL AND IMMORAL CONDUCT  A teacher who has professional and moral obligation to lead an exemplary life in the community should be free from suspicion and the stigma of immorality. 1st Offense: 6 months and 1 day to 1 year

SUSPENSION 2nd Offense:

DISMISSAL from the service

 Notes on Disgraceful & Immoral Conduct Issue of Morality Query?

Does a public school teacher commit this offense if she  becomes pregnant without the benefit of marriage? What is the liability of a teacher if she has an affair with a married man?

What is to be presumed when an unmarried woman becomes pregnant? 

Under these tests, two things may be concluded from the fact that an unmarried woman becomes pregnant out of wedlock: (1) if the father of the child is himself unmarried, the woman is not ordinarily administratively liable for disgraceful and immoral conduct. It may be a not-so-ideal situation and may cause complications for both mother and child but it does not give cause for administrative sanction. There is no law which penalizes an unmarried mother under those circumstances by reason of her sexual conduct or proscribes the consensual sexual activity  between two unmarried persons. Neither does the situation contravene any fundamental state policy as expressed in the Constitution, a document that accommodates various belief systems irrespective of dogmatic origins.

(2) if the father of the child born out of wedlock 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. In such a case, the "disgraceful and immoral conduct" consists of having extramarital relations with a married person. The sanctity of marriage is constitutionally recognized and likewise affirmed by our statutes as a special contract of permanent union.

CIRCUMSTANCES  AFFECTING THE PENALTY TO BE IMPOSED The following circumstances shall be appreciated:

1.Physical illness; 2.Good faith; 3.Taking undue advantage of official  position; 4.Taking undue advantage of subordinate;

5.Undue disclosure of confidential information; 6.Use of government property in the commission of the offense; 7.Habituality; 8.Offense is committed during office hours and within the premises of the office or building;