CONCEPTS AND PROBLEMS OF

GOVERNANCE

ADMINISTRATIVE DISCIPLINE

Pamantasan ng Lunsod ng Maynila (PLM)

Graduate School of Management & Government
Doctor in Public Management
By: Alex S Regado, PPSC
Prof: Dr. Ruben Mojico - Abundo, Ph. D.

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DISCIPLINE
Generally refers to a persons self-control,
character or orderliness and efficiency usually
developed through training.
Serves as a mechanism for control of the
temperament, interest and action of people within
the organization.
Helps coordinate government goals and public
interests.

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BASIC POLICY OF GOVERNMENT
Public office is a public trust. Public Officer and
employees must at all time be accountable to the
people, serve them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism and justice,
and lead a modest lives.

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EXECUTIVE ORDER 292, BOOK V, CHAPTER 7
DISCIPLINE

Sec.26. Discipline: General Provision

a) No officer or employees in the Civil Service
shall be suspended or dismissed except for
cause as provided by law and after due process.

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The disciplining authority may impose the penalty
of :
1. Removal/dismissal from the service
2. Forced resignation with or without
prejudice to benefits
3. Demotion in rank
4. Suspension for not more then one year
without pay
5. Fine in an amount not exceeding six
months salary
6. Transfer or reprimand
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The penalty of dismissal shall:
1. Carry with it cancellation of eligibility.
2. Forfeiture of retirement benefits.
3. Disqualification for reemployment in the
government service. Further, it may be
imposed without prejudice to criminal or civil
liability
The penalty of demotion shall:

1. Carry with it disqualification for

promotion for a period of six (6) months.

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The penalty of fine shall:
1. Carry with it disqualification for promotion
for a period twice the number of days he
was fined.
A reprimand whether given by the Civil Service
Commission or the head of department or agency
shall be considered a penalty. However, a warning
or an admonition shall not be considered a
penalty.

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The penalty of reprimand does not include any
accessory penalty nor entail the forfeiture of
leave credits, retirement benefits and bonuses
that may be granted.

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The penalty of forced resignation shall:
1. Carry with it disqualification for employment in
the government service for at least one year.

The penalty of transfer shall:

1. Carry with it disqualification for promotion
for a period of six (6) months.
The penalty of suspension shall:
1. Carry with it disqualification for promotion
corresponding to the period of suspension.

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TYPES AND APPLICATION OF
OFFENSES & APPLICATION OF PENALTIES
1. Grave offense is usually punishable by dismissal for your first
offense.

2. Less grave offense carries a penalty of suspension for one

month and one day to six months. The second time you commit
the same offense, you will be dismissed from the service.

3. Light offense is meted the penalty of reprimand, suspension

for one to thirty days and dismissal for the first, second, and
third offense, respectively.

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SEC. 46 : GROUNDS FOR DISCIPLINARY ACTIONS
LEVELS OF ADMINISTRATIVE OFFENSES
Grave Offenses
Dishonesty
Gross Neglect of Duty
Grave Misconduct
Being Notoriously
Undesirable
Conviction of Crime
Involving Moral Turpitude
Falsification of Official
Documents
Nepotism,
Oppression,
Gross insubordination,
Refusal to Perform Official Duty,
Disloyalty to the Republic,
Engaging Directly or Indirectly in
Partisan Political Activities,
Frequent Unauthorized
Absences or Tardiness,
Conduct Grossly Prejudicial to
the Best Interest of Public
Service,
Inefficiency and incompetence11
SEC. 46 : GROUNDS FOR DISCIPLINARY ACTIONS
LEVELS OF ADMINISTRATIVE OFFENSES

Less Grave Offenses

Simple Neglect of Duty

Simple Misconduct
Insubordination
Habitual Drunkenness
Simple Neglect of Duty
Simple Misconduct
Insubordination
Habitual Drunkenness

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SEC. 46 : GROUNDS FOR DISCIPLINARY ACTIONS
LEVELS OF ADMINISTRATIVE OFFENSES

Light Offenses
Discourtesy in the Course of Official Duties
Frequent Unauthorized Tardiness
Lending Money at Usurious Rates
Wilful Failure to Pay Just Debt
Lobbying for Personal Interest

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NORMS OF CONDUCT
Pursuant to RA 6713*, the norms of conduct of public officials
and employees that you must observe in the performance of your
official duties are as follows:

1. Commitment to Public Interest.

2. Professionalism.
3. Justness and Sincerity.
4. Political Neutrality.
5. Responsiveness to the Public.
6. Nationalism and Patriotism.
7. Commitment to Democracy.
8. Simple Living. 14
PENALTIES THAT MAY BE IMPOSED IN
ADMINISTRATIVE CASES ARE:
A Under Executive Order No. 292 and Sec. 22 Rule XIV of the Civil
Service Omnibus Rules

1. Dismissal
2. Forced resignation
3. Transfer
4. Demotion
5. Suspension
6. Fine
7. Reprimand
B. Under R.A. 6713
1. Administrative Penalties
a. fine not exceeding six months salary
b. suspension not exceeding one year
c. dismissal
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 The disciplining authority may impose on you
the penalty of removal/dismissal from the
service, forced resignation with or without
prejudice to benefits, demotion in rank,
suspension for not more than one year
without pay, fine in an amount not exceeding
six months salary, transfer or reprimand.

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 The penalty or dismissal entails cancellation of
your eligibility, forfeiture of your leave credits
and retirement benefits, and disqualification
for reemployment in the government service.
Dismissal does not preclude your criminal or
civil liability.

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 The penalty of forced resignation entails your
disqualification for employment in the
government service for at least one year.
However, it may or may not contain conditions
concerning forfeiture of your leaves credits and
retirement benefits, and disqualification for
your reemployment in a specific class of
position.

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 The penalty of transfer, or demotion, or fine may
be imposed on you instead of suspension from
one month and one day to one year, except in
case of fine which will not exceed six months.
In meritorious cases and upon recommendation
of the Commission, the President may commute
or remove administrative penalties or disabilities
imposed upon you in disciplinary cases, subject
to such terms and conditions as he/she may
impose in the interest of the service.
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PENALTIES THAT MAY BE IMPOSED IN
ADMINISTRATIVE CASES ARE: .. CONTINUATION
2. Criminal Penalties

a. fine not exceeding five thousand pesos

b. imprisonment not exceeding five years
c. imprisonment not exceeding five years and fine not
exceeding five thousand pesos
d. disqualification to hold public office

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CONSIDERATION IN IMPOSITION OF
PENALTIES
In deciding penalties to be imposed, mitigating and aggravating
circumstances may be considered. Hence, aggravating
circumstances are circumstances that make worse or more severe the
infraction of your offense. Mitigating circumstances, on the other
hand, are circumstances that make less severe the infraction of your
offense. In the previous example cited (If you are charged with three
offenses), You will be charged with one administrative case for the
three offenses will be considered aggravating circumstances.

If you are found guilty of two or more charges or of two or more

counts, the penalty imposed should be that one corresponding to the
most serious charge or count and the rest may be considered as
aggravating circumstances. Again, in the example cited above, the
penalty to be imposed on you is the penalty for less grave offense
because gross discourtesy in the course of official duties is a less
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CONSIDERATION IN IMPOSITION OF
PENALTIESCONTINUATION
offense and the most serious charge against you. Violation of
reasonable office rules and regulations and refusal to render
overtime classified under light offenses. They will only be
considered aggravating circumstances to your other offense.
Mitigating circumstances include:
a. physical illness
b. good faith
c. length of service in the government
d. analogous circumstances

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CONSIDERATION IN IMPOSITION OF
PENALTIESCONTINUATION
Aggravating circumstances include:

a. taking advantage of official position

b. taking undue advantage of subordinate
c. undue disclosure of confidential information
d. use of government property in the commission of offense
e. habituality
f. offense is committed during office hours and within the
premises of the working office or building
g. employment of fraudulent means to commit or conceal
the offense
h. analogous circumstances
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DOCUMENT AND FLOW PROCESS
CHART OF ADMINISTRATIVE PROCEEDINGS
IN DISCIPLINARY CASES

First Stage
Filing of the complaint

Determining the existence of

a prima facie case

In case a prima facie If there is no prima facie

case exists, formal case exists, the case
charge shall be issued shall be dismissed

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Second Stage

Issuance of a formal charge

Filing of an answer

If the answer is If the answer is

unsatisfactory, a satisfactory, the case
formal investigation shall be dismissed
shall be conducted

Issuance of a Preventive
Suspension Order,
If necessary

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Third Stage
Pre hearing conference

Conduct of formal investigation

Rendition of Decision

Guilty Not Guilty

Motion for reconsideration

Dismissal of the case
on agencys decision is filed

Appeal on the agencys

decision is filed with the
Commission

Petition for review is filed

Motion for reconsideration with the Court of Appeals,
of the Commissions decision If still dissatisfied with the
is filed with the Commission Commissions decision.
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CIVIL SERVICE COMMISSION
Appeals
Decisions of heads of departments, agencies and provinces, cities,
municipalities, and other instrumentalities imposing penalties
exceeding thirty days suspension or fine in an amount exceeding 30
days salary, may be appealed to the Civil Service Commission within
15 days from receipt of a copy of the decision.

You will pay a fee at least Php 100 for an appeal filed with the
Commission.

A motion for reconsideration may also be filed by the party adversely

affected by the decision of the Commission within 15 days from
receipt of the decision.

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CIVIL SERVICE COMMISSION
When your penalty is dismissal, it is executory only after the
confirmation by the Department Secretary concerned.
Judicial Review
Final decisions or orders of the Civil Service Commission are
appealable to the Court of Appeals. Hence, if you are not satisfied
with the decision of the Commission, you may file an appeal by
filing a petition for review with the Court of Appeals within fifteen
(15) days from notice of final order or resolution.

The final decision of the CSC are immediately executory if no

petition for review is reasonably filed.

if you feel aggrieved with the decision of the Court of Appeals, you
may still go to the Supreme Court as final arbiter of your case.
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OTHER RELEVANT LAWS ON DISCIPLINE
Republic Act No. 3019 Anti - Graft and Corrupt Practices Act
amended by Parliamentary Bill 453.

Presidential Decree No. 1606 , creating a special anti-graft court

known as Sandiganbayan.

Presidential Decree 1607, created Tanodbayan and later

renamed to Ombudsman.

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References:
1. The Civil Service Manual Laws & Rules
2. CSC- Uniform Rules on Administrative Cases in the Civil
Service
3. Revised Omnibus Rules on Appointments and Other
Personnel Action
4. Manual on Definitions of Administrative Offenses in the Civil
Service
5. Personnel Officers Manual
6. PNP Pre-charge Evaluation & Summary Hearing Guide

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