CLASSIFICATION OF
OFFENSES
GRA
VE
LESS
GRAVE
LIGH
T 1
CLASSIFICATION OF
OFFENSES
GRA
VE
Dismissal 1st offense - 6 mos and 1 Demotion
from the day to 1 year
service suspension
2nd offense - dismissal
2
1st offense = dismissal
Serious Dishonesty;
Gross Neglect of Duty;
Grave Misconduct;
Being Notoriously Undesirable;
Conviction of a crime involving
moral turpitude;
3
1st offense = dismissal
Falsification of official document;
Physical or mental incapacity or disability due to
immoral or vicious habits;
Receiving for a personal use of a fee. . .
Contracting loans of money or other property from
persons with whom the office of the employee has
business relations;
Soliciting or accepting directly or indirectly, any gift,. .
Nepotism
Disloyalty to the Republic of the Philippines and to the
Filipino people.
4
Grave Offenses
1st offense - 6 months and 1 day to 1
year suspension
2nd offense - dismissal
5
samples of offenses punishable by
1st offense - [Link] 1yr suspension
2nd offense - dismissal
Less serious dishonesty;
Oppression;
Disgraceful and immoral conduct;
Inefficiency and incompetence in the
performance of official duties;
Frequent unauthorized absences,
6
samples of offenses punishable by
1st offense - [Link] 1yr suspension
2nd offense - dismissal
Habitual tardiness in reporting
for duty causing prejudice to the
operations of the office;
Refusal to perform official duty;
Gross Insubordination;
Conduct prejudicial to the best interest of
the service;
7
PENALTY OF DEMOTION
Inefficiency and Incompetence in the
performance of official duties
The guilty person shall suffer the diminution in
salary corresponding to the next lower salary
grade with the same salary step
8
CLASSIFICATION OF
OFFENSES/ PENALTIES
Less Grave Offenses
1st offense- 1 month and 1 day to 6
months suspension
2nd offense - dismissal
9
CLASSIFICATION OF
OFFENSES/ PENALTIES
samples of offenses punishable by
1st offense - 1mo. to [Link]
2nd offense - dismissal
Simple Neglect of Duty;
Simple Misconduct;
Discourtesy in the course of official duties;
Violation of existing Civil Service Law and
rules of serious nature;
Insubordination;
10
CLASSIFICATION OF
OFFENSES/ PENALTIES
samples of offenses punishable by
1st offense - 1mo. to [Link]
2nd offense - dismissal
Habitual Drunkenness;
Failure to file sworn SALN;
Engaging directly or indirectly in
partisan political activities by one
holding non-political office.
11
CLASSIFICATION OF
OFFENSES/ PENALTIES
Simple Dishonesty
Less Grave Offenses
1st offense- 1 month and 1 day to 6
months suspension
2nd offense - 6 months and 1 day to 1
year suspension
3rd offense – dismissal
12
CLASSIFICATION OF
OFFENSES/ PENALTIES
Light Offenses
1st offense- reprimand
2nd offense - 1 day to 30 days suspension
3rd offense – dismissal
13
Light Offenses
Simple Discourtesy in the Course of Official Duties;
lmproper or unauthorized solicitation of contributions from
subordinate employees and in the case of teaclrers or school
officials from school children;
Violation of Reasonable Office Rules and Regulations;
Habitual Tardiness;
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 or willful failure to pay taxes
due to the government;
14
MITIGATING AND/OR
AGGRAVATING
CIRCUMSTANCES
must be impleaded
may be considered motu proprio by the DA
Physical illness;
Good faith;
Malice;
Time and place of offense;
Taking undue advantage of official position;
Taking undue advantage of subordinate;
15
MITIGATING AND/OR
AGGRAVATING
CIRCUMSTANCES
Undue disclosure of confidential
information;
Use of government property in the
commission of the offense;
Habituality;
Offense is committed during office
hours and within the premises of
the office or building
16
MITIGATING AND/OR
AGGRAVATING
CIRCUMSTANCES
Employment of fraudulent means to
commit or conceal the offense;
First offense;
Education;
Length of service; or
Other analogous circumstances.
17
MITIGATING AND/OR
AGGRAVATING
CIRCUMSTANCES
“Length of service is not a magic word that,
once invoked, will automatically be considered as
a mitigating circumstance in favor of the party
invoking it. Length of service can either be a
mitigating or aggravating circumstance depending
on the factual milieu of each case. Length of
service, in other words, is an alternative
circumstance. xxx”
(CSC vs. Cortez G. R. No. 155732, June 3, 2004)
18
MITIGATING AND/OR
AGGRAVATING
CIRCUMSTANCES
“Length of service as a factor in
determining the imposable penalty in
administrative cases is a double-edged
sword. xxx, length of service is not always a
mitigating circumstance in every case of
commission of an administrative offense by
a public officer or employee.
“ (Gannapao vs. CSC G.R. No. 180141,
May 31, 2011)
19
FINE
Payment of fine in place of suspension
Circumstances
functions and nature of office is impressed
with national interest
respondent is discharging frontline
functions or dealing with the public and not
enough personnel complement
respondent committed the offense without
utilizing or abusing the powers of his/her
position or office
20
FINE
Payment of fine in place of suspension
Circumstances
When the respondent has already
retired or otherwise separated from
government service and the penalty of
suspension could not be served
anymore, the fine may be sourced from
the accumulated leave credits or
whatever benefits due the respondent.
21
FINE
Payment of fine in place of suspension shall be
available only to Grave, Less Grave and Light
Offenses with 6 months or less penalty.
Ratio:
1day suspension = 1 day salary fine
Grave Offense punishable by 6mos. & 1day
1 day deemed included
22
FINE
The maximum period to pay the fine
shall not exceed one (1) year from the
time the decision/resolution becomes
final and executory.
The failure of the respondent to pay the
fine or part thereof shall cause the
reversion to the original penalty of
suspension.
23
Manner of imposing the
penalties
Minimum – only mitigating
circumstance is present
Medium – no mitigating circumstance
and no aggravating circumstance
Maximum – only aggravating
circumstance is presence
Presence of mitigating and
aggravating, rule on offsetting
24
Penalty for Multiple
Offenses
If the respondent is found guilty of two
(2) or more different offenses, the
penalty to be imposed should be that
corresponding to the most serious
offense and the rest shall be
considered as aggravating
circumstances.
25
Penalty for Multiple Offenses
In case the respondent is found guilty
of two or more counts of the same
offense, the penalty shall be imposed in
the maximum regardless of the
presence of any mitigating
circumstance.
26
DURATION AND EFFECT OF
ADMINISTRATIVE PENALTIES
The penalty of dismissal
permanent separation of the
respondent from the service,
*
without prejudice to criminal or
civil liability.
27
DECISION
Three-fold liability
It is a basic rule in administrative law that
public officials are under a three-fold
responsibility for a violation of their duty or
for a wrongful act or omission, such that
they may be held civilly, criminally and
administratively liable for the same act.
Administrative liability is thus separate and
distinct from penal and civil liability.
Melendres vs. PAGC G.R. No. 163859 dated
August 15, 2012
28
DURATION AND EFFECT OF
ADMINISTRATIVE PENALTIES
The penalty of demotion
Shall result in diminution of salary
corresponding to the next lower salary
grade
* with the same salary step.
29
DURATION AND EFFECT OF
ADMINISTRATIVE PENALTIES
The penalty of suspension
cessation of work for a period not
exceeding one (1) year.
1 day considered a gap in service
*
not entitled to all monetary benefits
not entitled to leave credits
30
DURATION AND EFFECT OF
ADMINISTRATIVE PENALTIES
The penalty of fine
amount not exceeding six (6) months
salary of respondent
salary rate at the time the decision
becomes final and executory
*
Should be paid within 1 year from the
time the decision becomes final and
executory
31
DURATION AND EFFECT OF
ADMINISTRATIVE PENALTIES
The penalty of reprimand
no accessory penalty and no
cessation of work
if penalty of reprimand was imposed
on* appeal as a result of modification
of the penalty respondent shall be
entitled to the payment of back
salaries and other benefits
32
ADMINISTRATIVE DISABILITIES
INHERENT IN CERTAIN PENALTIES
Dismissal
cancellation of eligibility
perpetual disqualification from
holding public office
bar from taking civil service
examinations
forfeiture of retirement benefits
33
ACCESSORY PENALTY
terminal/accrued leave
benefits being personal to
the respondent nature is not
part of accessory penalty
34
ACCESSORY PENALTY
GSIS personal contribution not
subject to accessory penalty of
forfeiture of retirement benefits.
Lledo vs. Lledo A.M. No. P-95-1167,
February 9, 2010
35
ADMINISTRATIVE DISABILITIES
INHERENT IN CERTAIN PENALTIES
Demotion
disqualification from
promotion for one (1)
year.
36
ADMINISTRATIVE DISABILITIES
INHERENT IN CERTAIN PENALTIES
Suspension
disqualification for promotion equivalent to the
period of suspension
cessation of work
Non-entitlement to all monetary benefits
including leave credits (for the period of
suspension) shall continue to apply when the
penalty of fine is imposed in lieu of
suspension.
37
ADMINISTRATIVE DISABILITIES
INHERENT IN CERTAIN PENALTIES
Fine
disqualification from promotion for the
same period he/she was fined
if 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.
38
EFFECTS OF EXONERATION
FINE = refunded
DEMOTION = restoration to position, without loss of seniority
rights + payment of salary differentials
SUSPENSION = reinstatement without loss of seniority
rights and with payment of back salaries and all benefits.
DISMISSAL = reinstatement without loss of seniority rights
with payment of back salaries and all benefits
respondent who is exonerated by final judgment shall be
entitled to the leave credits for the period he/she had been
out of the service.
39
EXONERATION
Dela Cruz vs. Court of Appeals,
GR No. 126183 dated March
25, 1999
exoneration is necessary to
be entitled to back salaries
40
REMEDIES
SETTLEMENT IN ADMINISTRATIVE CASES
When applicable:
In cases of light offenses where the act is purely
personal on the part of the private complainant and
the person complained of.
There is no apparent injury committed to the
government,
Note: Settlement can no longer be applied
for the second offense of the same act
committed by the person complained of.
41
REMEDIES
MOTION FOR RECONSIDERATION IN
DISCIPLINARY CASES
A motion for extension of time to file a motion for
reconsideration is not allowed
Limitation
Only one motion for reconsideration shall be
entertained.
If a second motion for reconsideration is filed
notwithstanding its proscription under these
Rules, the finality of action shall be reckoned
from the denial of first motion for reconsideration
45
REMEDIES
Appeal in Disciplinary Cases
Filing
An appeal, once perfected,
cannot be withdrawn except
upon motion duly approved by
the appellate body.
46
REMEDIES
Appeal in Disciplinary Cases
Filing
All decisions of heads of agencies are immediately
executory pending appeal before the Commission.
The decision imposing the penalty of dismissal by
disciplining authorities in departments is not
immediately executory unless confirmed by the
Secretary concerned. However, the Commission
may take cognizance of the appeal pending
confirmation of its execution by the Secretary
47
REMEDIES
Perfection of an Appeal
Appeal memorandum containing the ff:
grounds relied upon for the appeal,
together with the certified true copy of the decision,
resolution or order
certified copies of the documents or evidence.
The appeal memorandum shall be filed with the appellate
authority, copy furnished the disciplining authority. The
latter shall submit the records of the case, which shall be
systematically and chronologically arranged, paged and
securely bound to prevent loss, with its comment, within
fifteen (15) days from receipt, to the appellate authority.
48
REMEDIES
Perfection of an appeal
Proof of service of a copy of the memorandum to the
disciplining office;
Proof of payment of the appeal fee; and
A statement or certificate of non-forum shopping.
49
REMEDIES
Effect of Failure to Comply with Requirements:
• Direct compliance within a period of not more than ten
(10) days from receipt thereof, with a warning that
failure to comply shall be construed as failure to perfect
an appeal and shall cause the dismissal of the appeal
with prejudice to its refiling
.
Effect of Filing
• Except for cases requiring confirmation of the
Secretary concerned and cases decided by the CSCROs,
an appeal shall not stop the decision from being
executory.
50
REMEDIES
Effect of finding of Violation of
Due Process
Dismiss the case
Reinstatement with backwages
note: without prejudice to refiling
51
REMEDIES
Petition for Review of CSCRO Decisions
A party may elevate the decision of the CSROs
dismissing the complaint for lack of prima facie
case or where the formal charge issued was
for a lower offense, through a petition for
review before the Commission within fifteen
(15) days from receipt of said decision.
52
REMEDIES
Petition for Review of Decisions of
Agencies
A decision of an agency head
dismissing a complaint for lack of prima
facie case or issuance of a formal charge
for a lower offense is not subject to
appeal or petition for review before
the Commission.
Except: Sexual Harassment cases
53
BACKWAGES
Backwages “in general are granted on
grounds of equity for earnings which a
worker or employee has lost due to his
illegal dismissal”
Torillo v. Leogardo, Jr., 274 Phil. 758, 765
(1991), citing Philippine Airlines, Inc. v.
National Labor Relations Commission, G.R.
No. 55159, 22 December 1989, 180 SCRA
555, 565.
54
BACKWAGES
Who are entitled?
a. An illegally dismissed or suspended official
or employee who is exonerated/reprimanded and
ordered reinstated in the service; and
b. A respondent placed under preventive
suspension, whose order of suspension was
declared by the commission as invalid.
55
BACKWAGES
What are included?
Salaries from the time illegal dismissal
/suspension up to the time of actual
reinstatement;
Representation and Transportation Allowance
(RATA)
Personnel Economic Relief
Allowance/Additional Compensation
Allowance (PERA/ACA);
Restoration of Leave Credits;
56
BACKWAGES
What are included?
Loyalty Award;
Anniversary Bonus;
13th, 14th Month Pay and Cash Gift;
Uniform/Clothing Allowance;
Performance-based Bonus; and
other similar benefits given to regular
employees by the agency
57
BACKWAGES
COVERED PERIOD
Maximum 5 years
Yenko vs. Gungon
G.R. No. 165450 August 13, 2009
from the time of his illegal dismissal
until he is reinstated to his position
Campol vs. Balaos-as
G.R. No. 197634, November 28,
2016 58
CONTEMPT OF THE COMMISSION
Contumacious/Contemptuous Acts
disobedience of or resistance to
a lawful writ, process, order,
decision, resolution, ruling,
summons, subpoena, command
or injunction of the Commission
59
CONTEMPT OF THE COMMISSION
PROCEDURE
Proceedings may be initiated motu proprio by the
Commission
A motion to cite for indirect contempt may also be
filed with the Commission.
Proceedings shall be conducted at the Office for
Legal Affairs, Civil Service Commission
Proceedings shall follow as far as applicable, the
procedure required in the conduct of disciplinary
investigation
60
CONTEMPT
PENALTY
Fine - One Thousand (P1,000.00) Pesos per
day for every act of indirect contempt and/or
suspension for one (1) month up to a
maximum period of six (6) months
The finding of guilt for indirect contempt shall
not bar the filing of another indirect contempt
case for the same cause if, after serving the
first penalty of suspension or fine or both, the
respondent continues to fail/refuse to comply
with the Commission’s Order.
61