DEFINITION:
A part of Administrative law which deals with administrative infractions or grounds for
disciplinary actions, administrative penalties and administrative disciplinary procedure.
LEGAL BASES:
5. RA 6713
Administrative Discipline had its genesis from the constitutional mandate which states as
follows:
"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."
(Art. XI, Accountability of Public Officers)
The phrase "public office is a public trust" refers to a representative government, the
officers being mere agents and not rulers of the people, one where no one man or set of
men has a proprietary or contractual right to an office, but where every officer accepts
office pursuant to the provisions of law and holds the office as a trust for the people.
The phrase "for cause" refers to grounds for disciplinary actions enumerated
in the Revised Administrative Code of 1987 (EO 292).
JURISDICTION:
The authority to hear and decide cases and the power or jurisdiction to institute
disciplinary actions in administrative cases is lodged only on the disciplinary authority to
which such power is vested by law. Absent such legal basis the power to discipline cannot
be exercised.
Heads of agencies have jurisdiction to investigate and discipline their own officials and
employees. However, heads of agencies may delegate the power to investigate to their
subordinates and just wait the recommendations which will be made afterwards. (Sec. 47,
par. 2 and 3, EO 292).
The authority that decides the case, therefore, is also clothed with the power to
investigate and is deemed to have done the same even if in reality somebody else
conducted it by virtue of delegation.
Jurisprudence on Jurisdiction:
"The Court loses jurisdiction upon the finality of the decision, except to order
the execution within its lifetime". (Lizardo, Sr. vs. Montano, 332 SCRA 163).
Kinds of Jurisdiction
Under RA 4670, the disciplinary jurisdiction over public school teachers rests
exclusively on DepEd. (Armand Fabella, et al. vs. CA, 282 SCRA 256)
The doctrine of primary jurisdiction When two bodies have concurrent jurisdiction,
one of which is deemed to have an expertise over the subject matter of the case, the other
body gives way to the expert to exercise the primary jurisdiction.
Res Judicata When a case has already been disposed of, the same cannot be reopened
anymore or re-filed. It arises when the same case being filed deals with the same cause of
action. The revival of the case under this doctrine is deemed barred by final judgement.
(Santos vs. CA, 226 SCRA 630, Ysmael vs. Deputy Executive Secretary, 190 SCRA 673)
Forum Shopping The practice of shopping for a favorable forum to insure a favorable
action. This is considered a malpractice and can be used as a ground for disciplinary
action. It may also cause the outright dismissal of the case filed. Present rules now
require a certification of non-forum shopping in all initiatory pleadings before the same
can be acted upon.
Permanency of Jurisdiction Jurisdiction once present is not lost upon the instance of
the parties but continues until the case is terminated. (Que vs. Court of Appeals, 339
SCRA 505) In administrative cases, jurisdiction over the person complained of remains
even if he resigned from the service so long as the offense was committed during his
incumbency. (CSC Resolution No. 99-0298 dated January 1, 1999, Uy, Allan)
Resignation is not a way out to evade administrative liability when facing administrative
sanction. The resignation of a public servant does not preclude the finding of any
administrative liability to which he or she shall still be answerable. [21]
Section 66 of the Omnibus Election Code, in considering an appointive official ipso facto
resigned, merely provides for the immediate implementation of the penalty for the
prohibited act of engaging in partisan political activity. This provision was not intended,
and should not be used, as a defense against an administrative case for acts committed
during government service. (Esther S. Pagano vs. Juan Nazarro, Jr., et al., G.R. No.
149072, September 21, 2007)
The Party Adversely Affected Doctrine Refers to the rule that in administrative cases
only the respondent who was found guilty of an offense has the personality to file an
appeal. (Paredes vs. CSC) However, this is a procedural rule which must be invoked by
the appellee; otherwise, the appeal by the complainant may be given due course. (Mendez
vs. CSC)
The CSC is considered a party adversely affected by the decision of a higher court
reversing its decision on the issue of nepotism, since the CSC is the guardian of merit and
fitness in the bureaucracy. (Dacoycoy vs. CSC)
In the case of PNB vs. Ricardo V. Garcia, Jr. September 9, 2002, the Supreme Court
expressly abandoned the party-adversely-affected doctrine holding that the effort of the
government to curb graft and corruption, malfeasance and misfeasance in the government
will be rendered meaningless if appeal cannot be had from erroneous administrative
decisions.
CSC Proper
A. Disciplinary
B. Disciplinary (CSCROs)
C. Non-Disciplinary (CSCROs)
A. Disciplinary
COMPLAINT The means to bring to the attention of the proper disciplining authority
the commission of infraction by the one complained of.
It must be in writing;
Must contain the full name and address of the person complained of as well
as his position and office of employment;
Must contain a narration of how, when and where the offense was
committed and other facts relevant thereto;
Notes:
The withdrawal of the complaint does not necessarily result in the dismissal
of the case;
Preventive Suspension A precautionary measure to insure that the respondent will not
suppress evidence or harass the witnesses against him which is done by placing him
under suspension for a certain period (60 days in LGU, 90 days in NGAs and 6 months if
the suspension is imposed by the Office of the Ombudsman).
The period of delay owing to the fault of the respondent shall not be
included in counting the period of preventive suspension.
4. The duration has exceeded the prescribed period, in which case the
payment of back salaries shall correspond to the excess period only.
Remedies
Motion for Reconsideration An initial remedy to seek a reversal of an unfavorable
decision and should be filed within 15 days from receipt of the decision.
Note:
Appeal does not stay the execution of the decision appealed from except if
the penalty is removal where confirmation by the Secretary is needed
before the same may be executed. And except further if the decision
appealed from was rendered by a CSCRO in which case, the appeal taken
to the CSC proper stays the execution of the decision appealed from.
The remanding of the case due to lack of due process shall not entail
reinstatement or payment of back wages.
The petition shall be filed with the CSC which in turn may either deny it or
consider it favorably by recommending such grant to the Office of the
President.
Although unwritten, the CSC adopts a policy that petitions for executive
clemency may be filed only after five years from the date of the petitioner's
dismissal from the service.
The petition must be accompanied by: certified true copy of the decision
with a favorable recommendation by the disciplining authority, certification
from reputable members of the community where he resides to the effect
that he has become a useful member thereof.
Administrative offenses with corresponding penalties are classified into grave, less grave
or light, depending on their gravity and effects on the government service.
Grave offenses are those which may be punished with dismissal from the service for the
first offense or the maximum of 1-year suspension for the first offense and dismissal from
the service for the second offense. Examples of Grave Offenses punishable with dismissal
are:
Dishonesty
Grave Misconduct
Receiving for personal use, a fee, gift or other valuable thing in the course
of official duties when the same is given by any person in the hope or
expectation of receiving a favor
Contracting loans of money or property from persons with whom the office
of the employee has business relations
Examples of Grave Offenses punishable with 6 mos. and 1 day to 1 year are:
Oppression
Gross insubordination
Less Grave offenses are those punishable with 1 mo. and 1 day to 6 mos. For the first
offense and dismissal for the second offense. Examples are:
Insubordination
Habitual Drunkenness
Failure to resign from his position in the private business where there is
conflict of interest within 30 days from assumption of public office.
Light Offenses are those punishable with reprimand for the first offense, suspension of
up 30 days for the second offense and dismissal from the service for the third offense.
Examples are:
Discourtesy
Habitual tardiness
Lobbying for personal gain in legislative halls and offices without authority
In determining the imposable penalties, some circumstances may be appreciated for the
purpose of mitigating or aggravating the liability of the respondent. They are as follows:
Physical illness
Good faith
Habitual commission of the offense during office hours and within office
premises
Suspension shall be considered a gap in the service and during that period
the respondent will not be entitled to all money benefits including leave
credits. He shall not also be promoted during the said period.
Effect of exoneration:
If a civil service employee was illegally suspended or dismissed, legally
speaking, his position did not become vacant, so the appointment of another
to the post during the suspension period is temporary and precarious and no
obstacle to reinstatement of the person who was illegally suspended or
dismissed (Batungbakal vs. National Dev. Co. 93 Phil. 182)
CONTEMPT
Any official/employee/person found guilty after due proceedings of the
following acts or omissions may be punished for indirect contempt:
disobedience of or resistance to a lawful writ, process, order, decision,
resolution, ruling, summons, subpoena, command or injunction of the
Commission.
Fine of P1,000.00 per day for every act of a person found guilty of indirect
contempt. Damages in addition to fine shall be awarded if contempt
consists of violation of an injunction or omission to do an act which is
within the power of the respondent.
Refers to acts which violate the basic norm of decency, morality and decorum abhorred
and condemned by the society. It refers to conduct which is willful, flagrant, or
shameless, and which shows a moral indifference to the opinion of the good and
respectable members of the community.
CLASSIFICATION
DISHONESTY
Has been defined as a form of conduct which connotes untrustworthiness and lack of
integrity, a disposition to lie, cheat deceive, betray."
[BALAGSO, Teodoro Jr. L., et al., CSC Resolution No. 99-1085, May 21, 1999 citing
BRIONES, Rolando A., CAS Res. 97-3740 dated August 28, 1997]
Classification of DISHONESTY
c) Simple Dishonesty
a) The dishonest act caused serious damage and grave prejudice to the
Government
d) The dishonest act exhibits moral depravity on the part of the respondent
The presence of any one of the following attendant circumstances in the commission of
the dishonest act would constitute the offense of LESS SERIOUS DISHONESTY:
a) The dishonest act caused damage and prejudice to the government which is
not so serious as to qualify under the immediately preceding classification
b) The respondent did not take advantage of his/her position in committing the
dishonest act
a) The dishonest act did not cause damage or prejudice to the government
b) The dishonest act has no direct relation to or does not involve the duties and
responsibilities of the respondent
d) That the dishonest act did not result in any gain or benefit to the offender
[LANDRITO vs. CSC, 223 SCRA 564 Citing In Re: Impeachment of Horilleno, 43 Phil.
212 (1922)]
This offense is based mainly on the general reputation of an employee for being difficult
to work with, due to his/her quarrelsome attitude and/or repeated infractions of office
rules. The focus in this offense is the totality of his conduct in office and not his liability
for the individual acts."
MORAL TURPITUDE
"It (moral turpitude) implies something immoral in itself, regardless of the fact
that it is punishable by law or not. It is not the prohibition by statute that fixes
moral turpitude but the nature of the act itself."
(ROBREDILLO, Mario, CSC Resolution No. 00-0657, March 10, 2000 citing DELA
TORRE vs. COMELEC, 258 SCRA 483]
The term "election campaign" or 'partisan political activity' refers to an act designed to
promote the election or defeat of a particular candidate or candidates to a public office.
[BUGTONG, Diosdado, CSC Res. No. 97-0807, January 28, 1997 citing Section 79 of
the Omnibus Election Code of the Philippines (Batas Pambansa Bilang 881)]
NEPOTISM
All appointments in the national, provincial, city and municipal governments or in any
branch or instrumentality thereof, including government-owned and controlled
corporations, made in favor of a relative {within the third degree} of the appointing or
recommending authority, or of the chief of the bureau or office, or of the persons
exercising immediate supervision over him, are hereby prohibited.
[DEBULGADO vs. CIVIL SERVICE COMMISSION, 238 SCRA 184]
LIMITATIONS ON APPOINTMENTS
No person shall be appointed in the career service of the local government if he is related
within the fourth civil degree of consanguinity or affinity to the appointing and
recommending authority.
OPPRESSION
The Commission has defined oppression as an act of cruelty, severity, unlawful exaction,
domination or excessive use of authority.
Incompetency has been defined as the manifest lack of adequate ability and fitness for
the satisfactory performance of official duties. This has reference to any physical, moral
or intellectual quality the lack of which substantially incapacitates one to perform the
duties of an officer.
GROSS INSUBORDINATION
Is a deliberate and willful refusal to comply with a lawful request or order of a higher
authority. It involves disregard of proper authority and a refusal to obey that authority, a
willful disrespect of it."
[SOBREPEA, Carmelita G., CSC Resolution No. 001288. May 30, 2000 citing
HARVEY, Tammang A., CSC Resolution No. 98-2225 August 21, 1998]
HABITUAL DRUNKENNESS
[Section 22. (q) Rule XIV, Omnibus Rules Implementing Book V of Executive Order No.
292 (Administrative Code of 1987)]
2. Claims the existence and justness of which are admitted by the debtor.
[Section 22. Rule XIV, Omnibus Rules Implementing Book V of Executive Order 292
(Administrative Code of 1987)]
Definition:
The term Sexual Harassment has varying definitions depending on what type of case will
be instituted. If the case is criminal in nature, the definition under RA 7877 applies, thus,
all elements thereof must be present for purposes of conviction. On the other hand, the
administrative offense of sexual harassment is defined under the Administrative
Disciplinary Rules on Sexual Harassment cases promulgated by the Civil service
Commission (CSC Resolution No. 01-0940) which conspicuously deviated from the
stringent requirements of RA 7877 insofar as the elements of the offense are concerned.
Note that the two definitions are substantially the same except that in the administrative
sexual harassment cases the element of moral ascendancy, influence or authority on the
part of the offender is not present.
1. CSC Memorandum Circular No. 19, s. 1994 (CSC Res. No. 94-2854)
Based on the broad mandate given by RA 6713 and EO 292 to the CSC to
adopt positive measures to promote the observance of the standards of
personal conduct of officials and employees in the civil service and to
adopt measures to promote morale, efficiency, integrity, responsiveness
and courtesy in the civil service.
2. RA 7877 (1995)
Makes the employer or the head of office liable under certain conditions
for failing to take immediate action after being informed by the victims of
sexual harassment.
6. The Revised Penal Code which classifies the acts that may
constitute Sexual Harassment as follows:
c. Acts of Lasciviousness
d. Oral Defamation
e. Coercion
In 1999 Convention on Violence in the World of Work, ILO, Geneva, sexual harassment
had been categorically tagged as one of the threats in the workplace. The Convention's
declaration states as follows:
True enough, sexual harassment cases in the Philippines often results in the resignation of
the victim, demoralization of employees and hostile working environment to the
prejudice of the service.
Sexual harassment has no equivalent term in the Filipino language. We use terms such as
"tsansing, "abuso, "paglapastangan, "ginamit and binastos" to refer to various forms or
experiences of sexual abuse or molestation, including acts falling within the concept of
sexual harassment.
Indeed, these acts may appear to be accidental or innocent or excusable to the outsider,
particularly when the form in which they come does not involve our concept of "erotic"
contact, thus allowing conflicting interpretations of the significance of the act.
On the part of the person who experienced it, the characterization of the act as tsansing
may lead to ambivalence about what it was the she actually experienced despite that,
deep down, she felt some discomfort or knew there was something wrong about the act.
The effect of these responses to victims is often discouraging, if not devastating. It makes
the victim doubt the validity of their experience and fear non-belief if ever they report, as
well as aggravates their feeling of shame about the experience. It often leads to delay in
reporting the abuse or silences victims effectively.
The term "Sexual Favor" is viewed as excluding other sexual advances. It seems that
what are clearly "sexual" acts are those acts related to sexual relating or sexual intimacy
kissing on the lips, fondling of breasts and physical contact with the penis or vagina.
The characterization of the act as "sexual" or "non-sexual" often arises as an issue when
the acts involved are what many consider as ambivalent acts placing an arm around
another's shoulders, a look or a stare (dirty or malicious), comments about a person's
looks or body (compliment or lewd) or about sex, queries about a person's sex life, etc.
The problem is the concept of "sexual". What makes conduct "sexual harassment" is not
so much dependent on the part of the body touched or whether there was physical
contact. The key is the character of the conduct.
Conduct is "sexual harassment" when the sex and sexuality of the person and everything
culturally related to it is made the object of the conduct, as something desired to be
obtained or trivialized with, whether through physical, verbal and other forms of conduct.
There is no standard behavior for persons confronted with a shocking incident and that
the workings of a human mind when placed under emotional stress are unpredictable and
cause different reactions. (People vs. Layagum, 261 SCRA 339) However, in deciding
sexual harassment cases, the CSC used the normal reaction standard. It found the
complainant's behavior after the alleged incident that of signing her name on the
attendance logbook and acting as if nothing happened as contrary to the normal
reaction of a person who had just been sexually harassed.
The Commission opined that a person who had been sexually assaulted would not be
concerned with anything else but securing her safely (CSC Res. No. 983068).
Testimonial credibility
As the case usually involves two persons, the offender and the offended party, the truth
could be discerned from the manner by which the parties give their testimonies during the
hearing. In one case, the Commission considered straightforward, spontaneous, detailed,
convincing and natural testimony as indicia of truthfulness (CSC Res. No. 990835).
Delay in reporting
Strictly speaking, there is no time period within which he or she is expected to complain
through proper channels. The time to do so may vary, depending upon the needs,
circumstances and more importantly, the emotional threshold of the employee (Phil.
Aeolus Automotive United Corp. vs. NLRC and Rosalinda Cortez, GR No. 124617 (April
28, 2000).
The CSC itself did not consider as fatal complainant's delay in reporting, the reasons for
which were given (CSC Res. No. 973277). But in two cases, the Commission considered
reporting to the authorities at once as indicia of truthfulness (CSC Res. No. 990436, CSC
Res. No. 966213)
(a) Physical
i. Malicious Touching;
(b) Verbal, such as but not limited to, requests or demands for sexual
favors, and lurid remarks;
Section 9. The agency may formulate its own rules governing the term of
office of its members which should be more than two years, and other matters
pertaining to the functions of the Committee not otherwise provided in these
Rules.
Section 10. The Pre-filing Stage. The agency may adopt mechanisms to
provide assistance to an alleged victim of sexual harassment which may include
counseling, referral to an agency offering professional help, and advice on options
available before the filing of the complaint.
Section 11. The procedural rules provided hereunder are the standard
requirements in handling a sexual harassment case.
(a) The complaint may be filed at any time with the disciplining
authority of the office or agency, or with the Committee on Decorum and
Investigation. Upon receipt of the complaint by the disciplining authority
of the office or agency, the same shall be transmitted to the Committee on
Decorum and Investigation, if there is any. In the absence of a Committee
on Decorum and Investigation, the head office or agency shall
immediately cause the creation of Committee on Decorum and
Investigation in accordance with the law and rules, and transmit the
complaint to the Committee.
(b) The complaint must be in writing, signed and sworn to by the
complainant. It shall contain the following:
During the preliminary investigation, the parties may submit affidavits and
counter-affidavits.
Upon receipt of the counter-affidavit or comment under oath, the Committee on
Decorum and Investigation may now recommend whether a prima facie case
exists to warrant the issuance of a formal charge.
Section 16. Investigation Report. Within five (5) working days from the
termination of the preliminary investigation, the Committee on Decorum and
Investigation shall submit the Investigation Report and the complete records of
the case to the disciplining authority.
If a prima facie case is established during the investigation, a formal charge shall
be issued by the disciplining authority within three (3) working days from receipt
of the Investigation Report.
In the absence of a prima facie case, the complaint shall be dismissed within the
same period.
If the respondent has submitted his/her comment and counter-affidavits during the
preliminary investigation, he/she shall be given the opportunity to submit
additional evidence.
The Committee on Decorum and Investigation shall not entertain requests for
clarification, bills of particulars or motions to dismiss which are obviously
designed to delay the administrative proceeding. If any of these pleadings is filed
by the respondent, the same shall be considered as part of his/her answer which
he/she may file within the remaining period for filing the answer.
Section 19. Answer. The answer which must be 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 respondent's case. If shall also include a
statement indicating whether he/she elects a formal investigation.
Provided, that when the delay in the disposition of the case is due to the fault,
negligence or petition of the respondent, the period of delay should not be
included in the counting of the ninety (90) calendar days period preventive
suspension:
Provided, further, That should the respondent be on paternity/maternity leave,
said preventive suspension shall be deferred or interrupted until such time that
said leave has been fully enjoyed.
The investigation shall be held not earlier than five (5) days nor later than ten (10)
days from receipt of the respondent's answer. Said investigation shall be finished
within thirty (30) days from the issuance of the formal charge or the receipt of the
answer unless the period is extended by the disciplining authority in meritorious
cases.
a. stipulation of facts;
b. simplification of issues;
g. such other matters as may aid in the prompt and just resolution of the
case.
The parties may submit position paper/memoranda and submit the case for
resolution based on the result of the pre-hearing conference without any need for
further hearing.
Section 26. Continuous Hearing Until Terminated; Postponement.
Hearings hall be conducted on the hearing dates set by the Committee on
Decorum and investigation or as agreed upon during a pre-hearing conference.
If the respondent fails to appear during the scheduled hearings despite due notice,
the investigation shall proceed ex-parte and the respondent is deemed to have
waived his right to be present and to submit evidence in his favor during those
hearings.
Section 27. Preliminary Matters. At the start of the hearing, the Committee
on Decorum and Investigation shall note the appearances of the parties and shall
proceed with the reception of evidence for the complainant.
If the respondent appears without the aid of a counsel, he/she shall be deemed to
have waived his/her right to counsel.
Any person representing any of the parties before any hearing or investigation
shall manifest orally or in writing his/her appearance for either the respondent or
complainant, stating his/her full name and exact address where he/she can be
served with notices and other documents. Any pleading or appearance made
without complying with the above stated requirements shall not be recognized.
When the presentation of evidence 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. Thereafter, 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 memorandum within the given period shall be considered a waiver thereof.
Section 30. Objections. All objections raised during the hearing shall be
resolved by the Committee on Decorum and Investigation. However, objections
that cannot be ruled upon by the Committee 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 Committee on Decorum and Investigation shall accept all evidence deemed
material and relevant to the case. In case of doubt, the Committee on Decorum
and Investigation shall allow the admission of evidence subject to the objection
interposed against its admission.
Within fifteen (15) days after the conclusion of the formal investigation, a report
containing a narration of the material facts established during the investigation,
the findings and the evidence supporting said findings, as well as the
recommendations, shall be submitted by the Committee on Decorum and
Investigation to the disciplining authority. The complete records of the case shall
be attached to the Report of Investigation.
Section 37. When Case is Decided. The disciplining authority shall render
his decision on the case within thirty (30) days from receipt of the Report on
Investigation.
However, if the penalty imposed is suspension exceeding thirty (30) days or a fine
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.
Section 53. Sexual harassment is classified as grave, less grave and light
offenses.
2. sexual assault;
3. malicious touching;
B. Less Grave Offenses shall include, but are not limited to:
Section 54. The head of office who fails to act within fifteen (15) days from
receipt of any complaint for sexual harassment properly filed against any
employee in that office shall be charged with Neglect of Duty.
Section 55. Any person who is found guilty of sexual harassment shall, after the
investigation, be meted the penalty corresponding to the gravity and seriousness
of the offense.
Section 56. The penalties for light, less grave, and grave offenses are as
follows:
1st offense Fine or suspension of not less than thirty (30) days
and not exceeding six (6) months
2nd offense Dismissal
Section 57. If the respondent is found guilty of 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 shall be considered as aggravating circumstances.