Training on Trainers on New DepEd Merit

Selection Plan (MSP) and Recruitment,

Selection and Appointment Guidelines

Revised Rules on
Administrative Cases
in the Civil Service
(DepEd No. 49, s. 2006

May 12, 2023

Purpose of Administrative Rules of Procedure

 Ensure a certain degree of consistency,

predictability and stability, which values are
integral in upholding the rule of law.

 There would be less occasion for personal whims

and caprices. In other words, arbitrariness would
be reduced in the decision-making process.

 Decision-makers would be guided in their course

of actions, whether it be in deciding disciplinary
cases involving their own workforce or in
adjudicating actions involving other personnel
actions.

(Foreword RRACCS)
 Objective of Administrative
Disciplinary Proceedings

In disciplining public officers and 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 and confidence in our
government.

[Melchor v. Gironella, G.R. No. 151138, February 16, 2005, 451

SCRA 476, 481; Remolona v. Civil Service Commission, 414 Phil.
590, 601 (2001)].
 
 Objective of Administrative
Disciplinary Proceedings
 Maintenance of discipline in public service.

Why?
No less than the 1987 Constitution, under Article XI,
Section 1, enunciates that:

“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.”
 Objective of Administrative
Disciplinary Proceedings
 Maintenance of discipline in public service.

Why?

As such, public office being a public trust,

without discipline there can be no faith and
confidence of the people.

Discipline is a continuing requirement in

public office, as well as a mechanism of
accountability.
 DEPARTMENT OF EDUCATION
VISION
WE DREAM OF FILIPINOS
WHO PASSIONATELY LOVE THEIR COUNTRY
AND WHOSE VALUES AND COMPETENCIES
ENABLE THEM TO REALIZE THEIR FULL POTENTIAL
AND CONTRIBUTE MEANINGFULLY
TO BUILDING THE NATION
 
AS A LEARNER-CENTERED PUBLIC INSTITUTION
THE DEPARTMENT OF EDUCATION
CONTINUOUSLY IMPROVES ITSELF
TO BETTER SERVE STAKEHOLDERS
 RRACCS Construction or Interpretation

Section 3. Construction.

These Rules shall be liberally construed in

order to promote their objective in obtaining
just, speedy, and inexpensive disposition of
administrative cases.

Administrative investigations shall be

conducted without strict recourse to the
technical rules of procedure and evidence
applicable to judicial proceedings.
 RRACCS Construction or Interpretation

Section 3. Construction.

 Tempering the rigors of law with

compassion.

 Social Justice. Those who have less in life

should have more in law.

 It should not be the letter that kileth but the

spirit that giveth life.
 Administrative Due Process
 

i. Issuance of subpoena, notices, summons.

ii. Interrogation, clarificatory hearing, investigation.

iii. Inspection, examination, verification,

assessment.

iv. Swearing of witnesses, authentication of

documents.
 Administrative Due Process
The observance of notice, hearing and
opportunity to be heard, especially in favor of
the party complained of cannot be dispensed
with.

These are the essential ingredients of due

process. Without proper observance of the
required notice and hearing, the adjudication of
cases and rendition of decision in violation of
the due process clause necessarily render the
proceedings undertaken as null and void.
 Definition of Terms

Section 4. Definition of Terms. – The terms hereunder

shall be construed as follows:
 
K. PERSON COMPLAINED OF refers to the person who
is the subject of a complaint but who is not yet issued a
notice of charge/s or formal charge by the disciplining
authority.

xxx

N. RESPONDENT refers to the person who is issued a

notice of charge/s or formal charge by the disciplining
authority.
 Definition of Terms

Formal charge is a form of written

accusation against a party issued by the
proper Disciplining Authority containing the
specification of charge/s, with a brief statement
of material or relevant facts constituting the
administrative offense allegedly committed.

Pending Complaint/Investigation
v.
Formal Charge
 Disciplinary Cases
Rule 3
COMPLAINT
 
Section 10. Who May Initiate. – Administrative
proceedings may be initiated by the disciplining authority
motu proprio or upon complaint of any other person.

Section 11. Requisites of a Valid Complaint. – Except

when initiated by the disciplining authority or his/her
authorized representative, no complaint against a civil
service official or employee shall be given due course
unless the same is in writing, subscribed and sworn to
by the complainant. In cases initiated by the proper
disciplining authority or his/her authorized
representative, a show cause order is sufficient.
 Disciplinary Cases
Rule 3
COMPLAINT
 
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.

The complaint in triplicate copies shall be written in

a clear, simple and concise language and in a
systematic manner…
 Disciplinary Cases
The complaint shall contain the following:
 
a. full name and address of the complainant;
b. full name and address of the person/s complained of
as well as his/ her/their position/s and office/s;
c. a narration of the relevant and material facts which
shows the acts or omissions allegedly committed;
d. certified true copies of documentary evidence and
affidavits of his/ her witnesses, if any; and
e. certification or statement of non-forum shopping.
 
The absence of any of the aforementioned requirements
may cause the dismissal of the complaint without
prejudice to its refiling upon compliance with the above
requirements.
 Disciplinary Cases
Rule 3

Section 12. When and Where to File a Complaint.

 At any time with the proper office.

Section 13. Withdrawal of the Complaint.

The withdrawal of the complaint does not result in its

outright dismissal nor discharge the person
complained of from any administrative liability. Where
there is obvious truth or merit to the allegation in the
complaint or where there is documentary evidence that
would tend to prove the guilt of the person/s complained
of, the same should be given due course.
 Disciplinary Cases
Rule 4
PRELIMINARY INVESTIGATION

Section 15. Preliminary Investigation; Definition.

A Preliminary Investigation is a proceeding

undertaken to determine whether a prima facie
case exists to warrant the issuance of a formal
charge. It involves a fact-finding investigation or an
ex-parte examination of records and documents
submitted by the complainant and the person/s
complained of, as well as documents readily
available from other government offices.
 Disciplinary Cases
Rule 4
PRELIMINARY INVESTIGATION

Section 18. Investigation Report. – Within five (5) days from

the termination of the preliminary investigation, the
investigating officer shall submit the Investigation Report
with recommendation and the complete records of the case to
the disciplining authority.

Section 19. Decision or Resolution After Preliminary

Investigation. – If a prima facie case is established during the
investigation, the disciplining authority may issue either a
formal charge or a notice of charge/s pursuant to Rule 5 of
this Rules.

In the absence of a prima facie case, the complaint shall be

dismissed.
 Disciplinary Cases
Rule 5
FORMAL CHARGE
 
Section 20. Issuance of Formal Charge; Contents.

x x x The formal charge shall contain a specification of

charge/s, a brief statement of material or relevant facts,
accompanied by certified true copies of the documentary
evidence, if any, sworn statements covering the testimony of
witnesses, a directive to answer the charge/s in writing,
under oath in not less than seventy-two (72) hours from
receipt thereof, an advice for the respondent to indicate in
his/her answer whether or not he/she elects a formal
investigation of the charge/s, and a notice that he/she may
opt to be assisted by a counsel of his/her choice.
 Disciplinary Cases
Rule 5
FORMAL CHARGE
 
Section 22. Prohibited Pleadings. - The disciplining
authority shall not entertain:
i. requests for clarification;
i i . bills of particulars;
iii. motions to dismiss; or
iv. motions to quash; or
v. motions for reconsideration.

If any of these pleadings are interposed by the

respondent, the same shall be considered an answer
and shall be evaluated as such.
 Disciplinary Cases
Rule 5
ANSWER
 
Section 23. Requisites and Contents. – The answer, which
is in writing and under oath, shall be specific and shall
contain material facts and applicable laws, if any, including
documentary evidence, sworn statements covering testimonies
of witnesses, if there be any, in support of one’s case.

Section 24. Failure to File an Answer. – If the respondent

fails or refuses to file his/her answer to the formal charge or
notice of charge/s within the period provided in the formal
charge or notice of charge/s which shall not be less than
three (3) days from receipt thereof, he/she shall be
considered to have waived his/her right to submit the same
and the case may be decided based on available records.
 Disciplinary Cases
Rule 5
ANSWER
 
Is the 72-hour period mandatory?
 Yes. But, under justifiable grounds, the party complained of
or respondent can file a motion for extension of time to
submit responsive pleading subject to the approval of the
appropriate authority.

How to count the reckoning point of the prescribed period

for submission?
 Exclude the first day and include the last day.

In case of Weekends, Holidays and Fortuitous Events…

 Deadline shall be moved to the next or resuming work day.
 Disciplinary Cases
Rule 7
PREVENTIVE SUSPENSION
 
Section 25. Preventive Suspension, nature.

Preventive suspension is not a penalty. It is

designed merely as a measure of precaution so
that the official or employee charged may be
removed from the scene of his/her alleged
misfeasance/malfeasance/nonfeasance while the
same is being investigated.
 Disciplinary Cases
PREVENTIVE SUSPENSION
 
Section 26. When Issued; Grounds.

Upon petition of the complainant or motu proprio, the

proper disciplining authority may issue an order of
preventive suspension upon service of the formal charge
or notice of charge/s, or immediately thereafter to any
subordinate officer or employee under his/her authority
pending an investigation, if:

A) The charge involves:

 Disciplinary Cases
PREVENTIVE SUSPENSION
 
Section 26. When Issued; Grounds.
A) The charge involves:
(1) Dishonesty;
(2) Oppression;
(3) Grave Misconduct;
(4) Neglect in the Performance of Duty;
(5) Administrative offenses which are punishable by
dismissal from the service on its second or third
offense; or
(6) If there are reasons to believe that the respondent is
guilty of charges which would warrant his/her
removal from the service.
(Inclusio unius ex exclusion alterious / what is not included is excluded)
 Disciplinary Cases
PREVENTIVE SUSPENSION
 
Section 26. When Issued; Grounds.

C) In lieu of preventive suspension, for the same

purpose, the proper disciplining authority or head
of office, may reassign respondent to other unit of
the agency during the formal hearings.
 Disciplinary Cases

PREVENTIVE SUSPENSION
 
Section 27. Duration of Preventive Suspension.

Unless otherwise provided for by law, the disciplining

authority may place the respondent under preventive
suspension for a maximum period of ninety (90) days
in the case of national agencies or sixty (60) days in
the case of local government units.
 Disciplinary Cases
PREVENTIVE SUSPENSION
 
Section 27. Duration of Preventive Suspension.

When the administrative case against an officer or

employee under preventive suspension is not finally
decided by the disciplining authority within the period
of preventive suspension, he/she shall be automatically
reinstated in the service unless the delay in the
disposition of the case is due to the fault, negligence or
petition of the respondent, in which case, the period of
delay shall not be included in the counting of the period
of preventive suspension.
 Disciplinary Cases
PREVENTIVE SUSPENSION
 
Section 27. Duration of Preventive Suspension.
xxx
Provided, that where the order of preventive
suspension is for a period less than the maximum
period, the Disciplining Authority undertakes to
finish the formal investigation within the said period
and is precluded from imposing another preventive
suspension.

Provided, further, that should the respondent be on

authorized leave, said preventive suspension shall be
deferred or interrupted until such time that said
leave has been fully exhausted.
 Disciplinary Cases
PREVENTIVE SUSPENSION
 
Section 28. Remedies from the Order of
Preventive Suspension.

The respondent may file an appeal to the

Commission within fifteen (15) days from
receipt thereof. Pending appeal, the same
shall be executory. A motion for
reconsideration from the order of preventive
suspension shall not be allowed.
 Disciplinary Cases
PREVENTIVE SUSPENSION
 
Section 29. Payment of Back Salaries During
Preventive Suspension.
A declaration by the Commission that an order of
preventive suspension is null and void on its face x x x.

The phrase “null and void on its face” in relation to a

preventive suspension order, imports any of the following
circumstances:

i. The order was issued by one who is not authorized by

law;
ii. The order was not premised on any of the conditions
under Section 26 (A and B) of this Rule;
 Disciplinary Cases
PREVENTIVE SUSPENSION
 
Section 29. Payment of Back Salaries During Preventive
Suspension.
The phrase “null and void on its face” in relation to a
preventive suspension order, imports any of the following
circumstances:

iii. The order of preventive suspension was issued without a

formal charge or notice of charges;

iv. While lawful in the sense that it is based on the

enumerated grounds, the duration of the imposed
preventive suspension has exceeded the prescribed periods,
in which case the payment of back salaries shall
correspond to the excess period only.
 Disciplinary Cases
PREVENTIVE SUSPENSION
 
Section 29. Payment of Back Salaries During
Preventive Suspension.
xxx
The phrase “full exoneration” contemplates a finding of
not guilty for the offense/s charged. Downgrading of the
charge to a lesser offense shall not be construed as “full
exoneration” within the contemplation of these
guidelines.

Even if the respondent official or employee be eventually

found innocent of the charge/s proffered against
him/her, the same shall not give rise to payment of back
salaries corresponding to the period of preventive
suspension in the absence of any finding of its illegality.
 Disciplinary Cases
Rule 8
FORMAL INVESTIGATION
 
Section 30. Conduct of Formal Investigation; When
Held.
x x x shall be held not earlier than five (5) days nor later
than ten (10) days from receipt of the respondent’s answer or
upon the expiration of the period to answer. Said investigation
shall be finished within thirty (30) days from the issuance of
the formal charge unless the period is extended by the
disciplining authority in meritorious cases.

Section 31. Submission of Position Paper/Memorandum.

 Disciplinary Cases
Rule 8
FORMAL INVESTIGATION
 
Section 32. Pre-Hearing Conference.
The agreement entered into during the pre-hearing
conference is binding on both parties unless in the
interest of justice, the hearing officer may allow a
deviation from the same.

The conduct of a pre-hearing conference is mandatory.

The failure of the respondent to attend the pre-hearing
conference constitutes a waiver to participate in the pre-
hearing conference but may still participate in the formal
investigation upon appropriate motion.
 Disciplinary Cases
Rule 8
FORMAL INVESTIGATION
 
Section 33. Continuous Hearing Until Terminated;
Postponement.

Section 34. Preliminary Matters.

At the start of the hearing, the hearing officer shall note
the appearances of the parties and shall proceed with
the reception of evidence for the complainant. If after
being apprised of the right to counsel, respondent
appears without the aid of a counsel, he/she shall be
deemed to have waived his/her right thereto.
 Disciplinary Cases
Rule 8
FORMAL INVESTIGATION

Section 34. Preliminary Matters.

Before taking the testimony of a witness, the hearing
officer shall place him/ her under oath and then take
his/her name, address, civil status, age, and complete
name and address of employment.

A sworn statement of the witness/es properly identified

and affirmed shall constitute direct testimony, copy
furnished the other party.

Clarificatory questions may also be asked.

 Disciplinary Cases
FORMAL INVESTIGATION

Section 34. Preliminary Matters.

LEGAL SERVICES: This Pre-Hearing Conference is now called to

order for Admin Case No. for Dishonesty and Misconduct,
entitled: Department of Education, complainant, versus
Mr./Ms., respondent.

In attendance are the honorable members of the Formal

Investigation Committee, headed by the Honorable
Chairperson, Sir/Ma’am, Assistant Schools Division
Superintendent, together with the members: Sir/Ma’am, Public
Schools District Supervisor and Sir/Ma’am, President, National
Association of Public School Heads Inc.
 Disciplinary Cases
FORMAL INVESTIGATION

Section 34. Preliminary Matters.

LEGAL SERVICES: (continuation)

To assist the Formal Investigation Committee are the personnel of the
Legal Services Unit:
Mr./Ms.
(Turn over the floor to the presiding officer)

Chairperson: Gud morning to all. Appearances for the parties…

This Pre-Hearing Conference is being conducted in accordance with
DepEd Order No. 49, series of 2006, otherwise known as the Revised
Rules of Procedure of the Department of Education in Administrative
Cases, and for the purpose of the following:
 Disciplinary Cases
FORMAL INVESTIGATION

Section 34. Preliminary Matters.

Chairperson: (continuation)
1. Submission of the case for resolution based on position paper of
the parties without any need of further hearings;
2. Stipulation of facts;
3. Simplification of issues;
4. Waiver of objection to admissibility of evidence;
5. Limiting the number of witnesses and their names;
6. Dates of subsequent hearings; and
7. Such other matters as may aid in the prompt and just resolution of
the case.

Legal Service kindly continue with the proceedings.

 
 Disciplinary Cases
FORMAL INVESTIGATION

Section 34. Preliminary Matters.

LEGAL SERVICE: We understand that both parties have their

respective pre-hearing briefs and that the same were furnished
to each other.

We will first proceed with the Special Prosecutor. What is the

proposition of the Special Prosecutor?

(Blah, blah, blah)

 Disciplinary Cases
Rule 8
FORMAL INVESTIGATION

Section 35. Appearance of Counsel.

xxx

If the lawyer is a government employee, he/she shall be

required to present an authority to practice profession
which should come from the agency head or the agency
head’s authorized representative.
 Disciplinary Cases
FORMAL INVESTIGATION

Section 36. Order of Hearing. – Unless the hearing officer

directs otherwise, the order of hearing may be as follows:

a. The prosecution shall present its evidence;

b. The respondent shall present evidence in support of

his/her defense;

c. There may be rebuttal or sur-rebuttal;

 Disciplinary Cases
FORMAL INVESTIGATION

Section 36. Order of Hearing. – Unless the hearing officer directs

otherwise, the order of hearing may be as follows:

When the presentation of the witnesses has been

concluded, the parties shall formally offer their evidence
either orally or in writing and thereafter objections
thereto may also be made either orally or in writing.

After which, both parties may be given time to submit

their respective memorandum which in no case shall be
beyond five (5) days after the termination of the
investigation. Failure to submit the same within the given
period shall be considered a waiver thereof.
 Disciplinary Cases
FORMAL INVESTIGATION

Section 37. Objections.

All objections raised during the hearing shall be resolved

by the hearing officer. However, objections that cannot
be ruled upon by the hearing officer shall be noted with
the information that the same shall be included in the
memorandum of the concerned party to be ruled upon
by the proper disciplining authority.

The hearing officer shall admit all evidence formally

offered subject to the objection/s interposed against its
admission.
 Disciplinary Cases
FORMAL INVESTIGATION

Section 38. Markings. – All documentary evidence or

exhibits shall be properly marked by letters (A,B,C, etc.) if
presented by the prosecution and by numbers (1,2,3, etc.) if
presented by the respondent. These shall form part of the
complete records of the case.

Section 39. Issuance of Subpoena. – The hearing officer may issue

subpoena ad testificandum to compel the attendance of witnesses
and subpoena duces tecum for the production of documents or
things.

If a party desires the attendance of a witness and/or the production

of documents, he/she shall make a request for the issuance of the
necessary subpoena ad testificandum and/or subpoena duces tecum,
at least seven (7) days before the scheduled hearing.
 Disciplinary Cases
FORMAL INVESTIGATION

Section 40. Record of Proceedings. – Records of the

proceedings during the formal investigation may be
taken in shorthand or stenotype or any other means of
recording.

Section 41. Filing of Pleadings. – All pleadings filed by

the parties with the disciplining authority shall be copy
furnished the other party with proof of service.
 Disciplinary Cases
FORMAL INVESTIGATION

Section 42. Effects of the Pendency of an Administrative Case.

Pendency of an administrative case shall not disqualify
respondent from promotion and other personnel actions
or from claiming maternity/paternity benefits.

For this purpose, a pending administrative case shall be

construed as such when the disciplining authority has
issued a formal charge or a notice of charge/s to the
respondent.

Section 43. Formal Investigation Report.

 Disciplinary Cases
Rule 9
DECISION

Section 44. When Case is Decided.

The disciplining authority shall decide the case within
thirty (30) days from receipt of the Formal Investigation
Report.

Section 45. Finality of Decisions. – A decision rendered by

the disciplining authority whereby a penalty of suspension for
not more than thirty (30) days or a fine in an amount not
exceeding thirty (30) days’ salary is imposed, shall be final,
executory and not appealable unless a motion for
reconsideration is seasonably filed. However, the respondent
may file an appeal when the issue raised is violation of due
process.
 Disciplinary Cases
Rule 9
DECISION

Section 45. Finality of Decisions.

If the penalty imposed is suspension exceeding thirty

(30) days, or fine in an amount exceeding thirty (30)
days’ salary, the same shall be final and executory after
the lapse of the reglementary period for filing a motion for
reconsideration or an appeal and no such pleading has
been filed.

(Reglementary period is timeframe)

 Disciplinary Cases
Rule 10
SCHEDULE OF PENALTIES

Section 46. Classification of Offenses.

Administrative offenses with corresponding penalties are
classified into grave, less grave or light, depending on
their gravity or depravity and effects on the government
service.
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 47. Penalty of Fine.

The following are the guidelines for the penalty of fine:
1. Upon the request of the head of office or the concerned
party and when supported by justifiable reason/s, the
disciplining authority may allow payment of fine in place
of suspension if any of the following circumstances are
present:

a. When the functions/nature of the office is impressed

with national interest such as those involved in
maintenance of peace and order, health and safety,
education; or
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 47. Penalty of Fine.

The following are the guidelines for the penalty of fine:
1. Upon the request of the head of office or the concerned
party and when supported by justifiable reason/s, the
disciplining authority may allow payment of fine in place
of suspension if any of the following circumstances are
present:

b. When the respondent is actually discharging

frontline functions or those directly dealing with the
public and the personnel complement of the office is
insufficient to perform such function; and
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 47. Penalty of Fine.

The following are the guidelines for the penalty of fine:
1. Upon the request of the head of office or the concerned
party and when supported by justifiable reason/s, the
disciplining authority may allow payment of fine in place
of suspension if any of the following circumstances are
present:

c. When the respondent committed the offense without

utilizing or abusing the powers of his/her position or
office.
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 47. Penalty of Fine.

The following are the guidelines for the penalty of fine:
2. The payment of penalty of fine in lieu of suspension shall
be available in Grave, Less Grave and Light Offenses where
the penalty imposed is for six (6) months or less at the ratio
of one (1) day of suspension from the service to one (1) day
fine;

Provided, that in Grave Offenses where the penalty

imposed is six (6) months and one (1) day suspension in
view of the presence of mitigating circumstance, the
conversion shall only apply to the suspension of six (6)
months. Nonetheless, the remaining one (1) day
suspension is deemed included therein.
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 47. Penalty of Fine.

The following are the guidelines for the penalty of fine:
3. The maximum period to pay the fine shall not exceed one
(1) year from the time the decision/resolution becomes final
and executory. The conversion of suspension into fine is
final and executory and, therefore, not subject of appeal or
any other similar relief.

4. The failure of the respondent to pay the fine or part

thereof shall cause the reversion to the original penalty
of suspension. As such, respondent shall serve the
original penalty of suspension imposed, irrespective of
the amount he/she has already paid.
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 47. Penalty of Fine.

The following are the guidelines for the penalty of fine:
5. Fine may be paid in equal monthly installments
subject to the following schedule of payment prescribed
below:
a. Fine equivalent to one (1) month salary shall be paid
within two (2) months;
b. Fine equivalent to two (2) months salary shall be paid
within four (4) months;
c. Fine equivalent to three (3) months salary shall be
paid within six (6) months;
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 47. Penalty of Fine.

The following are the guidelines for the penalty of fine:
d. Fine equivalent to four (4) months salary shall be paid
within eight (8) months;
e. Fine equivalent to five (5) months salary shall be paid
within ten (10) months; and
f. Fine equivalent to six (6) months salary shall be paid
within twelve (12) months.

6. The fine shall be paid to the agency imposing the same,

computed on the basis of respondent’s salary at the time the
decision becomes final and executory.
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 48. Mitigating and Aggravating Circumstances.

In the determination of the penalties to be imposed,
mitigating and/ or aggravating circumstances attendant to the
commission of the offense shall be considered.

The following circumstances shall be appreciated:

a. Physical illness;
b. Good faith;
c. Malice;
d. Time and place of offense;
e. Taking undue advantage of official
position;
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 48. Mitigating and Aggravating Circumstances.

In the determination of the penalties to be imposed,
mitigating and/ or aggravating circumstances attendant to the
commission of the offense shall be considered.
The following circumstances shall be appreciated:
xxx
f. Taking undue advantage of
subordinate;
g. Undue disclosure of confidential
information;
h. Use of government property in the commission
of the offense;
i. Habituality;
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 48. Mitigating and Aggravating Circumstances.

In the determination of the penalties to be imposed,
mitigating and/ or aggravating circumstances attendant to the
commission of the offense shall be considered.
The following circumstances shall be appreciated:
xxx
j. Offense is committed during
office hours and within the
premises of the office or building;
k. Employment of fraudulent means to commit or conceal
the offense;
l. First offense;
m. Education;
n. Length of service; or
 
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 48. Mitigating and Aggravating Circumstances.

In the determination of the penalties to be imposed,
mitigating and/ or aggravating circumstances attendant to the
commission of the offense shall be considered.

o. Other analogous circumstances.

In the appreciation thereof, the same must be invoked or

pleaded by the proper party, otherwise, said circumstances
will not be considered in the imposition of the proper penalty.
The disciplining authority, however, in the interest of
substantial justice may take and consider these circumstances
motu proprio.
 Disciplinary Cases

Section 48. Mitigating and Aggravating

Circumstances.
(It must be invoked)

“On a final note, respondent begs this Honorable

Office that if in the bleak possibility there is
substantial evidence for the offense charged against
her and is deserving of sanction, a sanction less than
dismissal from office is more in accord with what is
just and reasonable, most especially in these
unprecedented and unfortunate times brought about
by the pandemic. With this importuning, respondent
humbly leaves her fate with prayer for leniency.
 Disciplinary Cases

Section 48. Mitigating and Aggravating

Circumstances.
(It must be invoked)

Aptly fitting is the recent case of Domingo vs. Civil

Service Commission et al., where the Supreme Court
highlighted that while the law does not tolerate
misconduct by a civil servant, dismissal and forfeiture
of benefits, however, are not penalties imposed for all
infractions, particularly when it is a first offense, to
wit--”
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 50. Penalty for the Most Serious Offense.

If the respondent is found guilty of two (2) or more

charges or counts, the penalty to be imposed should
be that corresponding to the most serious charge and
the rest shall be considered as aggravating
circumstances.

Section 51. Duration and effect of administrative penalties.

 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 52. Administrative Disabilities Inherent in Certain

Penalties. –
a. The penalty of dismissal shall carry with it cancellation
of eligibility, forfeiture of retirement benefits, perpetual
disqualification from holding public office and bar from
taking civil service examinations.

b. The penalty of demotion shall carry with it

disqualification from promotion for one (1) year.

c. The penalty of suspension shall carry with it

disqualification from promotion corresponding to the
period of suspension.
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 52. Administrative Disabilities Inherent in Certain

Penalties.

d. The penalty of fine shall carry with it disqualification

from promotion for the same period he/she was fined.

e. The accessory penalties inherent in the penalty of

suspension provided in Section 51 (c) of the Rules shall
continue to apply when the penalty of fine is imposed
in lieu of suspension.
 Disciplinary Cases
SCHEDULE OF PENALTIES

Section 52. Administrative Disabilities Inherent in Certain

Penalties.

Should the respondent fail to pay in full the fine within the
prescribed period, he/she 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.

f. The penalty of reprimand shall not carry with it any

accessory penalties.

g. A warning or admonition shall not be considered a

penalty.
 Disciplinary Cases
Rule 11
SETTLEMENT IN ADMINISTRATIVE CASES

Section 54. Who may avail.

In cases of light offenses where the act is purely personal on

the part of the private complainant and the person complained
of and there is no apparent injury committed to the
government, settlement of offenses may be considered.

Provided, that settlement can no longer be applied for the

second offense of the same act committed by the person
complained of.
 Disciplinary Cases
Rule 11
SETTLEMENT IN ADMINISTRATIVE CASES

Section 55. Guidelines. – The following are the guidelines in

the settlement of purely personal matters in administrative
cases:

a. Compromise settlement shall be allowed only for

administrative light offenses where the act is purely
personal between the private complainant and the
person complained of and there is no apparent injury to
the government;

b. Upon filing of the complaint, the disciplining authority

shall determine whether the offense is purely personal or
can be the subject of settlement;
 Disciplinary Cases
Rule 11
SETTLEMENT IN ADMINISTRATIVE CASES

The following cases may be the subject of settlement and/or

compromise:

[Link] money by superior officers from subordinates;

[Link] failure to pay just debts;

3. Simple Misconduct resulting from misunderstanding/fight

between respondent and complainant provided that the act is
not committed within office premises;

[Link] in the course of official duties; and

[Link] analogous circumstances/cases.

 Disciplinary Cases
Rule 11
SETTLEMENT IN ADMINISTRATIVE CASES

In these enumerated cases, compromise or settlement can no

longer be applied for the second time the same act is
committed;

The grant of back salaries and other benefits may likewise be

subject of settlement and/or compromise;

c. If the offense can be the subject of settlement, the Action

Officer assigned shall order the respondent to comment
and to indicate therein whether he/she is willing to submit
the case for settlement;
 Disciplinary Cases
Rule 11
SETTLEMENT IN ADMINISTRATIVE CASES

d. If person complained of opted for settlement, the Action

Officer assigned shall issue an order requiring the
appearance of parties;

e. If settlement succeeds, a compromise agreement shall be

executed between the parties and attested by the Action
Officer;

f. The compromise agreement shall be binding on the parties

and shall be considered a decision on the merits which
cannot be impugned unless it is shown that there was
duress on its execution on any of the parties;
 Disciplinary Cases
Rule 11
SETTLEMENT IN ADMINISTRATIVE CASES

g. A Decision shall be issued by the Disciplining Authority

based on the Compromise Agreement;

h. If during the settlement process, the parties failed to settle

their differences, the Action Officer shall issue an order
terminating the process and continue with the investigation
of the case; and

i. In case of non-compliance with the compromise

agreement, the case may likewise be reopened for
investigation until the final determination of the case.
 Disciplinary Cases
Rule 14
REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILITIES

Section 71. Recommendation for Removal of

Administrative Penalties or Disabilities; Requirements.

In meritorious cases and upon recommendation of the

Commission, the President may commute or remove
administrative penalties or disabilities imposed upon
officers or employees in disciplinary cases, subject to
such terms and conditions as he/she may impose in the
interest of the service.
 Disciplinary Cases
Rule 14
REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILITIES

Section 71. Recommendation for Removal of

Administrative Penalties or Disabilities; Requirements.

a. certified true copy of the decision in the disciplinary case;

b. favorable recommendation by the disciplining authority or

head of office from which he/she was dismissed;

c. certification from reputable members of the community

where he/ she resides that he/she is a good parent/family
member and/or neighbor, law abiding and active member of
community and civic organizations;
 Disciplinary Cases
Rule 14
REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILITIES

Section 71. Recommendation for Removal of

Administrative Penalties or Disabilities; Requirements.

d. proof of non-pendency of an appeal/petition for review

relative to his/her disciplinary case before any court/tribunal;
and

e. proof of payment of filing fee.

 Disciplinary Cases
Rule 14
REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILITIES

Section 72. The following are the guidelines for the grant of
favorable recommendation for the removal of administrative penalties
or disabilities:

a. Apart from compliance with the procedural

requirements, the petitioner must demonstrate through
specific and positive action and behavior that he/she has
become a useful member of the community.

Affidavits from respectable persons in the community

attesting that the petitioner is a law-abiding citizen, an
active member of the community and civic organizations,
a good person and neighbor, and one who has the respect
of the members of the community, shall be presented;
 Disciplinary Cases
Rule 14
REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILITIES

Section 72. The following are the guidelines for the grant of
favorable recommendation for the removal of administrative penalties
or disabilities:

b. A minimum of three (3) years should have lapsed, from the

time of the finality of the decision dismissing the petitioner
from the service, in order that the petitioner may be
considered as to have truly undergone moral reformation;

c. The petitioner seeking the removal of administrative

penalties or disabilities must have recognized/accepted
his/her guilt in his/ her petition to show that he/she is
repentant/remorseful of the consequences of his/her act,
in addition to the above-mentioned requirements;
 Disciplinary Cases
Rule 14
REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILITIES

Section 72. The following are the guidelines for the grant of
favorable recommendation for the removal of administrative penalties
or disabilities:

d. Non-admission or acceptance of guilt by the petitioner will

not be required when he/she has been acquitted in the
criminal case which has been decided on the merits and in
effect declared the innocence of the petitioner;
 Disciplinary Cases
Rule 14
REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILITIES

Section 72. The following are the guidelines for the grant of
favorable recommendation for the removal of administrative penalties
or disabilities:

e. In cases where a petitioner is above sixty-five (65) years of

age, the Commission shall favorably recommend the
removal of his/ her administrative penalties or disabilities,
provided that he/ she complies with the procedural
requirements and submits proof of moral reformation; and

f. In cases where the person is found guilty of depriving

the government of money or property, restitution shall be
required before the Commission can favorably
recommend the removal of administrative penalties or
disabilities.
 NON-DISCIPLINARY CASES
Rule 16
INVALIDATION OR DISAPPROVAL OF APPOINTMENT

Section 77. Invalidation or Disapproval; Who May

Appeal. – Either the appointing authority or the appointee
may assail the invalidation or disapproval of an appointment.

Section 78. Where and When to File. – Appointments

invalidated or disapproved by the CSCFO may be appealed to
the CSCRO while those invalidated or disapproved by the
CSCRO may be appealed to the Commission within the fifteen
(15) day reglementary period.
 NON-DISCIPLINARY CASES
RULE 17
PROTEST

Section 79. Protest; Who may File. – Only a qualified

next-in-rank employee may file a protest against an
appointment made in favor of another who does not
possess the minimum qualification requirements.

Section 80. Where to File. – A qualified next-in-rank

employee shall have the right to appeal initially to the
head of agency, then to the Civil Service Commission
Regional Office, and then to the Civil Service
Commission Proper.
 NON-DISCIPLINARY CASES
RULE 17
PROTEST

Section 81. When to File. – Protest may be filed within

fifteen (15) days from the announcement and/or posting
of appointments subject of protest.

For this purpose, all appointments or promotions shall

be duly announced and/or posted in bulletin boards or
at conspicuous places in the Department or Agency
within thirty (30) days from issuance of the
appointments.
 NON-DISCIPLINARY CASES
RULE 17
PROTEST

Section 82. Effect on the Protested Appointment. – A

protest shall not render an appointment ineffective nor bar the
approval thereof, by the Civil Service Commission Field,
Regional Office or the Commission, as the case may be, but
the approval shall be subject to the final outcome of the
protest.

Section 83. Effect of Withdrawal of Protest. – A protest or

an appeal in this case may be withdrawn at any time as a
matter of right. The withdrawal of the protest or appeal shall
terminate the protest case.

Section 86. Dismissal of Protest.

 NON-DISCIPLINARY CASES
RULE 17
PROTEST

Section 87. Finality of Decision. – Decision on a protest

case shall become final after fifteen (15) days from receipt
thereof and no motion for reconsideration or appeal has been
filed.

Section 88. Available Remedies.

Section 89. Effect of Decision. – In case the protest is finally

decided against the protestee, the approval of his/her
appointment shall be recalled and the appointment shall be
considered disapproved. The protestee shall be reverted to
his/her former position, if applicable.
 NON-DISCIPLINARY CASES
Rule 19
DROPPING FROM THE ROLLS

Section 93. Grounds and Procedure for Dropping from the Rolls.

a. Absence Without Approved Leave

1. An officer or employee who is continuously absent without

official leave (AWOL) for at least thirty (30) working days
shall be separated from the service or dropped from the
rolls without prior notice. He/She shall, however, be
informed of his/her separation not later than five (5) days
from its effectivity which shall be sent to the address
appearing on his/her 201 files or to his/her last known
address;
 NON-DISCIPLINARY CASES
Rule 19
DROPPING FROM THE ROLLS

Section 93. Grounds and Procedure for Dropping from the Rolls.

a. Absence Without Approved Leave

2. If the number of unauthorized absences incurred is less

than thirty (30) working days, a written Return-to-Work
order shall be served on the official or employee at his/her
last known address on record. Failure on his/her part to
report to work within the period stated in the order shall be
a valid ground to drop him/her from the rolls.
 NON-DISCIPLINARY CASES
Rule 19
DROPPING FROM THE ROLLS

Section 93. Grounds and Procedure for Dropping from the Rolls.

a. Absence Without Approved Leave

3. If it is clear under the obtaining circumstances that the

official or employee concerned, has established a scheme
to circumvent the rule by incurring substantial
absences though less than thirty (30) working days, three
(3) times in a semester, such that a pattern is already
apparent, dropping from the rolls without notice may
likewise be justified.
 NON-DISCIPLINARY CASES
Rule 19
DROPPING FROM THE ROLLS

Section 93. Grounds and Procedure for Dropping from the Rolls.

b. Unsatisfactory or Poor Performance

1. An official or employee who is given two (2) consecutive

unsatisfactory ratings may be dropped from the rolls after due
notice.
xxx
 NON-DISCIPLINARY CASES
Rule 19
DROPPING FROM THE ROLLS

Section 93. Grounds and Procedure for Dropping from the Rolls.

c. Physically Unfit

1. An officer or employee who is continuously absent for more than

one (1) year by reason of illness may be declared physically
unfit to perform his/her duties and the head of office in
exercise of his/her sound judgment may consequently drop
him/her from the rolls.

2. An officer or employee who is intermittently absent by reason of

illness for at least two hundred sixty (260) working days during a
twenty- four (24) – month period may also be declared physically unfit
by the head of office.
 NON-DISCIPLINARY CASES
Rule 19
DROPPING FROM THE ROLLS

Section 93. Grounds and Procedure for Dropping from the Rolls.

c. Physically Unfit

3. An officer or employee who is behaving abnormally and

manifests continuing mental disorder and incapacity to
work as reported by his/her co-workers or immediate
supervisor and confirmed by a competent physician, may
likewise be dropped from the rolls. (Remolona case)

4. For the purpose of the three (3) preceding paragraphs,

notice shall be given to the officer or employee concerned
containing a brief statement of the nature of his/her
incapacity to work.
 NON-DISCIPLINARY CASES
Rule 19
DROPPING FROM THE ROLLS

Section 94. Written Notice; Who Signs.

The written notice mentioned in the preceding paragraphs
may be signed by the person exercising immediate supervision
over the official or employee. However, the notice of separation
shall be signed by the appropriate appointing authority or
head of office.

Section 95. Order of Separation; Immediately Executory.

The order of separation is immediately executory pending
appeal, unless the Commission, on meritorious grounds,
directs otherwise.
 NON-DISCIPLINARY CASES
Rule 19
DROPPING FROM THE ROLLS

Section 96. Dropping From the Rolls; Non-Disciplinary in

Nature.

This mode of separation from the service for

unauthorized absences or unsatisfactory or poor
performance or physical or mental incapacity is
non-disciplinary in nature and shall not result in the
forfeiture of any benefit on the part of the official or
employee or in disqualification from reemployment in the
government.
 NON-DISCIPLINARY CASES
Rule 20
EXTENSION OF SERVICE

Section 97. Extension of Service. When Allowed.

In meritorious cases, the Commission may allow the extension

of service of a person who has reached the compulsory
retirement age of sixty-five (65), for a period of six (6) months
only unless otherwise stated. Provided that, such extension
may be for a maximum period of one (1) year for one who will
complete the fifteen (15) years of service required under the
GSIS Law.
 NON-DISCIPLINARY CASES
Rule 20
EXTENSION OF SERVICE

Section 98. Request for Extension of Service. –A request for

extension shall be made by the head of office and shall be filed with
the Commission not later than three (3) months prior to date of the
official/employee’s compulsory retirement.

The following documents shall be submitted to the Commission:

a. Request for extension of service signed by the Head of

Office, containing the justifications for the request;
b. Certification that the employee subject of the request is still
mentally and physically fit to perform the duties and
functions of his/her position;
c. Certified true copy of the employee’s Certificate of Live Birth;
 NON-DISCIPLINARY CASES
Rule 20
EXTENSION OF SERVICE

Section 98. Request for Extension of Service. –A request for

extension shall be made by the head of office and shall be filed with
the Commission not later than three (3) months prior to date of the
official/employee’s compulsory retirement.

The following documents shall be submitted to the Commission:

d. Service Record of the employee if the purpose of the extension

is to complete the fifteen (15) year service requirement under
the GSIS law; and
e. Proof of payment of filing fee.
 NON-DISCIPLINARY CASES
Rule 20
EXTENSION OF SERVICE

Section 98. Request for Extension of Service.

The only basis for Heads of Offices to allow an employee to

continue rendering service after his/her 65th birthday is a
Resolution of the Commission granting the request for
extension. Absent such resolution, the salaries of the said
employee shall be for the personal account of the responsible
official.

Section 99. Effect of Grant of Extension of Service. – An employee

on service extension shall be entitled to salaries, allowances and
other remunerations, that are normally considered part and parcel of
an employee’s compensation package, subject to the existing
regulations on the grant thereof.
 Parting Words

“Men in public life may suffer under a hostile

and an unjust accusation; the wound can be
assuaged with the balm of a clear conscience. A
public officer must not be too thin-skinned with
reference to comment upon his official acts.
Only thus can the intelligence and the dignity of
the individual be exalted.

Of course, criticism does not authorize

defamation. Nevertheless, as the individual is
less than the State, so must expected criticism
be born for the common good. x x x ” (US v. Bustos, G.R.
No. L-12592, March 8, 1918)
 Parting Words

“Even on your worst day on the job,

you are still some children’s best hope.”