OFFENSES UNDER THE CIVIL SERVICE COMMISSION RULES

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Presentation transcript:

OFFENSES UNDER THE CIVIL SERVICE COMMISSION RULES

A. GRAVE OFFENSES: 1. Dishonesty : Dismissal 2 A. GRAVE OFFENSES: 1. Dishonesty : Dismissal 2. Gross Neglect of Duty: Dismissal 3. Grave Misconduct: Dismissal 4. Being notoriously undesirable: Dismissal 5. Conviction of a crime involving moral turpitude: Dismissal 6. Falsification of Official Documents: Dismissal

7. Physically or mentally incapacity or disability due to vicious habits: Dismissal 8. Engaging directly or indirectly in partisan political activities by one holding non-political office: Dismissal

9. Receiving for personal use of a fee, gift or other value valuable thing in the course of official duties or in connection therewith when such fee gift or other valuable thing is given by any person in the hope of expectation of receiving a favor or better treatment than that accorded to other persons, or committing acts punishable under the anti-graft laws: Dismissal 10. *Contracting loans of money or other property from persons with whom the office of the employee has business relations: Dismissal

11. Soliciting or accepting directly or indirectly any gift, gratuity, favor, entertainment, loan, or anything of monetary value which in the course of his official duties or in connection with any operation being regulated by, or any transaction which may be affected by the function of his office. The propriety or impropriety of the foregoing shall be determined by its value, kinship, or relationship between giver and receiver and the motivation. A thing of monetary value is one which is evidently or manifestly excessive by its very nature: Dismissal

12. Disloyalty to the Republic of the Philippines and to The Filipino people: Dismissal 13. Oppression : Suspension for 6 mos. and 1 day to 1 year 14. Disgraceful and immoral conduct: Suspension of 6 mos. 1 day to 1 year

15. Inefficiency and incompetence in the performance of official duties: Suspension for 6 mos. 1 day to 1 year 16. Frequent unauthorized absences or tardiness in reporting for duty loafing or frequent unauthorized absences from duty during regular office hours : Suspension for 6 mos. 1 day to 1 year 17. Refusal to perform official duty: Suspension 6 mos. 1 day to1 year

18. Gross insubordination: Suspension for 6 mos. and 1 day to 1 year 19. Conduct grossly prejudicial to the best interest of the service : Suspension for 6 mos. 1 day to 1 year Directly or indirectly having financial and material interest in any transaction requiring the approval of his office. Financial and material interest is defined as pecuniary or proprietary interest by which a person will gain or lose something: Suspension for 6 mos. and 1 day to 1 year

21. Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or licensed by his office, unless expressly allowed by law: Suspension 6 mos. 1 day 1 year Engaging in the private practice of his profession unless authorized by the Constitution, law or regulation, provided that such practice will not conflict with his official functions: Suspension 6 mos. 1 day 1 year 23. Disclosing or misusing confidential or classified information officially known to him by reason of his office and not made available to the public, to further his private interests or give undue advantage to anyone, or to prejudice the public interest: Suspension 6 mos. 1 day 1 year

24. **Obtaining or using any statement filed under the Code of Conduct and Ethical Standards for Public Officials and Employees for any purpose contrary to morals or public policy or any commercial purpose other than by news and communication media for dissemination to the general public: Suspension for 6 mos. and 1 day to 1 year

B. LESS GRAVE OFFENSES: 1. Simple neglect of duty: Suspension for 6 mos. and 1 day to 1 year 2. Simple misconduct: Suspension for 6 mos. and 1 day to 1 year Gross discourtesy in the course of official duties : Suspension for 1 mo. and 1 day to 6 mos. 4. Gross violation of existing Civil Service Law and rules of serious nature: Suspension 1 mo. 1 day to 6 mos. 5. Insubordination: Suspension for 6 mos. 1 day to 1 year

6. Habitual drunkenness : Suspension 6 mos. 1 day 1 year 7. Nepotism as defined in Sec. 49 of Presidential Decree No. 807: Suspension 1 mo. 1 day 6 mos. Recommending any son to any position in a private enterprise which has a regular or pending official transaction with his office, unless such recommendation or referral is mandated by (1) law, or (2) international agreements, committed and obligation, or as part of the function of his office : Suspension 1 mo. 1 day 6 mos.

9. Unfair discrimination in rendering public service due to party affiliation or preference: Suspension 1 mo. 1 day 6 mos. 10. Failure to file sworn statements of assets, liabilities and net worth, and disclosure of business interest and financial connections including those of their spouses and unmarried children under eighteen (18) years of age living in their households: Suspension 1 mo. 1 day 6 mos.

11. Failure to resign from his position in the private business enterprise within thirty (30) days from assumption of public office when conflict of interest arises, and/or failure to divest himself of his share holdings or interest in private business enterprise within sixty (60) days from such assumption of public office when conflict of interest arises: Provided, however, that for those who are already in the service and a conflict of interest arises, the official or employee must either resign or divest himself of said interest within the periods hereinabove provided, reckoned from the date when the conflict of interest had arisen: Suspension 1 mo. 1 day 6 mos.

C. LIGHT OFFENSES: Neglect of duty: Reprimand 1-30 days Discourtesy in the course of official duties: Reprimand 1-30 days Improper or unauthorized solicitation of contributions from subordinate employees and by teachers or school officials from school children: Reprimand 1-30 days Violation of reasonable office rules and regulations: Reprimand 1-30 days Gambling prohibited by law: Reprimand 1-30 days Refusal to render overtime service: Reprimand 1-30 days Disgraceful, immoral or dishonest conduct prior to entering the service: Reprimand1-30 days 8. Borrowing money by superior officers from subordinate to superior officers: Reprimand 1-30 days

Lending money at usurious rates of interest: Reprimand 1-30 days Willful failure to pay just debts or willful failure to pay taxes due to the government: Reprimand 1-30 days 11. Pursuit of private business, vocation or profession without the permission required by Civil Service rules and regulations: Reprimand 1-30 days 12. Lobbying for personal interest or gain in legislative halls and offices without authority: Reprimand 1-30 days 13. Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purposes and even in the latter cases if there is no prior authority: Reprimand 1-30 days

14. Failure to act promptly on letters and request within fifteen (15) days from receipt, except as otherwise provided in the rules implementing the Code of Conduct and Ethical Standards For Public Officials and Employees: Reprimand 1-30 days 15. Failure to process documents and complete action on documents and papers within a reasonable time from preparation thereof, except as otherwise provided in the rules implementing the Code of Conduct and Ethical Standards for Public Officials and Employees: Reprimand 1-30 days

Failure to attend to anyone who wants to Failure to attend to anyone who wants to avail himself of the services of the office, or act promptly and expeditiously on public transactions: Reprimand 1-30 days

Only one penalty shall be imposed for each case Only one penalty shall be imposed for each case. "Each Case" means one administrative case which may involve one or more charges or counts. In the determination of penalties to be imposed, mitigating and aggravating circumstances may be considered. If the respondent is found guilty of two or more charges or counts, the penalty imposed should be that corresponding to the most serious charge or count and the rest may be considered as aggravating circumstances. The second or the third offense committed need not be the same offense previously committed but any offense of the same classification.

The penalty of dismissal shall carry with it that of cancellation of eligibility, forfeiture of leave credit sand retirement benefits, and the disqualifications for re employment in the government service. The penalty of forced resignation shall carry with it that of forfeiture of leave credits and retirement benefits, and the disqualification for employment in the government service for a period of one year. However, where the resignation contains conditions or disqualification regarding re employment in a class of position, the respondent shall be disqualified for re employment in such position.