Amending Certain Provisions of the Rules on the Administrative Offense of Disgraceful and Immoral Conduct
CSC Resolution No. 100912, issued on May 17, 2010, amends the rules regarding the administrative offense of Disgraceful and Immoral Conduct within the Philippine Civil Service. It defines such conduct as actions that violate societal norms of decency and morality, whether committed openly or discreetly, and allows complaints to be filed by both the disciplining authority and any individual. Notably, unmarried government employees can only be charged if their behavior involves acts specifically condemned by societal standards, such as incest or pedophilia. The resolution updates existing rules to better address public concerns regarding these offenses and takes effect 15 days after publication.
May 17, 2010
CSC RESOLUTION NO. 100912
AMENDING CERTAIN PROVISIONS OF THE RULES ON THE ADMINISTRATIVE OFFENSE OF DISGRACEFUL AND IMMORAL CONDUCT
WHEREAS, Section 46 (b) (5) Chapter 7, Title 1, Subtitle A, Book V of the Administrative Code of 1987 (Executive Order No. 292) identifies Disgraceful and Immoral conduct as a ground for disciplinary action; IHCSTE
WHEREAS, Section 6, Article IX-A of the 1987 Constitution authorizes each Commission en banc to promulgate each own rules concerning pleadings and practices before it or before any of its offices. Such rules however shall not diminish, increase, or modify substantive rights;
WHEREAS, Section 12 (2), Chapter 3, Title I (A), Book V of Executive Order No. 292, otherwise known as "The Administrative Code of 1987," empowers the Civil Service Commission to prescribe, amend, and enforce rules and regulations which are necessary in effectively carrying out its mandate;
WHEREAS, Section 47 (1) Chapter 7, Book V of Executive Order No. 292 providing the Disciplinary Jurisdiction states that a complaint may be filed directly with the Commission by a private citizen against a government official or employee;
WHEREAS, Section 48 (1) Chapter 7, Book V of Executive Order No. 292 prescribing the Procedure in Administrative Cases Against Non-Presidential Appointees provides that administrative proceedings may be commenced against a subordinate officer or employee by the Secretary or head of office of equivalent ranks, or head of local government, or chief of agencies, or regional directors, or upon sworn, written complaint of any other persons;
WHEREAS, under Rule IV Section 52 A (1) of CSC Resolution No. 99-1936 dated August 31, 1999 also known as the "Uniform Rules on Administrative Cases in the Civil Service, Disgraceful and Immoral Conduct" is classified as grave offense, punishable with suspension from the service for six (6) months and one (1) day to one (1) year for the first offense and dismissal from the service upon commission of the second offense;
WHEREAS, in CSC Resolution No. 071155 dated June 18, 2007, the Commission promulgated the Rules on the Administrative Offense of Disgraceful and Immoral Conduct;
WHEREFORE, the Commission recognizes the need to revise the policies on the offense of Disgraceful and Immoral Conduct in order to address the public nature of administrative offenses;
NOW THEREFORE, the Commission RESOLVES as it hereby RESOLVED, to promulgate the following revised rules on the offense of Disgraceful and Immoral Conduct in order to guide the disciplining authority in taking cognizance of said offense. cTIESa
SECTION 1. Definition of Disgraceful and Immoral conduct. — Disgraceful and Immoral Conduct refers to an act which violates 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 opinions of the good and respectable members of the community.
SECTION 2. Complaint for Disgraceful and Immoral Conduct; Who May Initiate/File. — A complaint for Disgraceful and Immoral Conduct may be initiated by the disciplining authority or filed by any person against the parties involved, whether married or unmarried.
SECTION 3. Complaint for Disgraceful and Immoral Conduct Against Unmarried Government Personnel. — Complaint against unmarried government employees who do not have any existing legal impediments to contract marriage may not be made liable for the administrative offense of Disgraceful and Immoral Conduct unless the conduct consists of immoral and deviant acts which are inherently forbidden by the basic norms of decency, morality and decorum such as, but not limited to incest, pedophilia, exhibitionism and the like. CaTSEA
SECTION 4. Manner of Commission of the Offense. — The acts consisting of the administrative offense of Disgraceful and Immoral conduct may be committed in a scandalous or discreet manner, within or out of the workplace.
SECTION 5. Repealing Clause. — All previous rules inconsistent herewith are deemed repealed or modified accordingly.
SECTION 6. Effectivity. — These rules shall take effect after fifteen (15) calendar days from the date of publication in a newspaper of general circulation.
Quezon City, May 17, 2010.
(SGD.) FRANCISCO T. DUQUE IIIChairman
(SGD.) CESAR D. BUENAFLORCommissioner
(SGD.) MARY ANN Z. FERNANDEZ-MENDOZACommissioner
Attested By:
(SGD.) DOLORES B. BONIFACIODirector IV
Published in the Malaya on June 23, 2010.