Guidelines in the Application of Penalties in Administrative Cases

July 20, 1989

SUPREME COURT MEMORANDUM CIRCULAR NO. 30

 

Pursuant to Resolution No. 89-506, dated July 20, 1989, the Civil Service Commission hereby prescribed the following guidelines in the application of penalties in administrative cases.

Administrative offenses provided for under the Civil Service Law (Presidential Decree No. 807) and the Code of Conduct (Republic Act No. 6713). classified into grave, less grave, and light and their corresponding penalties are:

			1st Offense	2nd Offense	3rd Offense
A.	GRAVE OFFENSES:
	1.	* Dishonesty	: Dismissal
	2.	* Gross Neglect of Duty	: Dismissal
	3.	* Grave Misconduct	: Dismissal
	4.	* Being notoriously	: Dismissal
		undesirable
	5.	* Conviction of a crime	: Dismissal
		involving moral
		turpitude
	6.	* Falsification of official	: Dismissal
		document
	7.	* Physically or mentally	: Dismissal
		incapacity or disability
		due to vicious habits
	8.	* Engaging directly or	: Dismissal
		indirectly in partisan
		political activities by
		one holding non-political
		office
	9.	* Receiving for personal	: Dismissal
		use 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
	10.	* Contracting loans of	: Dismissal
		money or other property
		from persons with whom
		the office of the employee
		has business relations
	11.	* Soliciting or accepting	: Dismissal
		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 functions 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.
	12.	* Disloyalty to the	: Dismissal
		Republic of the
		Philippines and to
		the Filipino people
	13.	* Oppression	: Suspension	: Dismissal
			6 mos. 1 day
			to 1 year
	14.	* Disgraceful and	: Suspension	: Dismissal
		immoral conduct	6 mo. 1 day
			to 1 year
	15.	* Inefficiency and	: Suspension	: Dismissal
		incompetence in the	6 mos. 1 day
		performance of official	1 year
		duties
	16.	* Frequent unauthorized	: Suspension	: Dismissal
		absences or tardiness	6 mos. 1 day
		in reporting for duty	1 year
		loafing or frequent
		unauthorized absences
		from duty during regular
		office hours
	17.	* Refusal to perform	: Suspension	: Dismissal
		official duty	6 mos. 1 day
			1 year
	18.	* Gross insubordination	: Suspension	: Dismissal
			6 mos. 1 day
			1 year
	19.	* Conduct grossly	: Suspension	:Dismissal
		prejudicial to the best	6 mos. 1 day
		interest of the service	1 year
	20.	* Directly or indirectly	: Suspension	: Dismissal
		having financial and	6 mos. 1 day
		material interest in any	1 year
		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
	21.	** Owning, controlling,	: Suspension	: Dismissal
		managing or accepting	6 mos. 1 day
		employment as officer,	1 year
		employee, consultant,
		counsel, broker, agent
		trustee, or nominee in any
		private enterprise regulated,
		supervised or licensed by
		his office, unless expressly
		allowed by law.
	22.	* Engaging in the	: Suspension	: Dismissal
		private practice of his	6 mos. 1 day
		profession unless
		authorized by the
		Constitution, law or
		regulation, provided that
		such practice will not
		conflict with his official
		functions.
	23.	** Disclosing or misusing	: Suspension	: Dismissal
		confidential or classified	6 mos. 1 day
		information officially	1 year
		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.
	24.	** Obtaining or using any	: Suspension	: Dismissal
		statement filed under	6 mos. 1 day
		the Code of Conduct and	1 year
		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
		communications media for
		dissemination to the
		general public.
B.	LESS GRAVE OFFENSES:
	1.	* Simple neglect of duty	: Suspension	: Dismissal
			1 mo. 1 day-
			6 mos.
	2.	* Simple misconduct	: Suspension	: Dismissal
			1 mo. 1 day-
			6 mos.
	3.	* Gross discourtesy in the	: Suspension	: Dismissal
		course of official duties	1 mo. 1 day-
			6 mos.
	4.	* Gross violation of existing	: Suspension	: Dismissal
		Civil Service Law and	1 mo. 1 day-
		rules of serious nature	6 mos.
	5.	* Insubordination	: Suspension	: Dismissal
			1 mo. 1 day-
			6 mos.
	6.	* Habitual drunkenness	: Suspension	: Dismissal
		1 mo. 1 day-
		6 mos.
	7.	* Nepotism as defined in	: Suspension	: Dismissal
		Sec. 49 of Presidential	1 mo. 1 day-
		Decree No. 807	6 mos.
	8.	* Recommending any	: Suspension	: Dismissal
		son to any position in a	1 mo. 1 day-
		private enterprise which	6 mos.
		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
	9.	* Unfair discrimination in	: Suspension	: Dismissal
		rendering public service	1 mo. 1 day-
		due to party affiliation	6 mos.
		or preference
	10.	* Failure to file sworn	: Suspension	: Dismissal
		statements of assets,	1 mo. 1 day-
		liabilities and net worth,	6 mos.
		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.
	11.	** Failure to resign from	: Suspension	: Dismissal
		his position in the	1 mo. 1 day-
		private business	6 mos.
		enterprise within
		thirty (30) days from
		assumption of public
		office when conflict of
		interest arises, and/or
		failure to divest himself
		of his shareholdings 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
		herein-above provided,
		reckoned from the date when
		the conflict of interest had
		arisen.
C.	LIGHT OFFENSES:
	1.	* Neglect of duty	: Reprimand	: Suspension	: Dismissal
				1-30 days
	2.	* Discourtesy in the	: Reprimand	: Suspension	: Dismissal
		course of official duties		1-30 days
	3.	* Improper or un-	: Reprimand	: Suspension	: Dismissal
		authorized solicitation of
		contributions from
		subordinate employees
		and by teachers or school
		officials from school
		children
	4.	* Violation of reasonable	: Reprimand	: Suspension	: Dismissal
		office rules and regulations		1-30 days
	5.	* Gambling prohibited	: Reprimand	: Suspension	: Dismissal
		by law		1-30 days
	6.	* Refusal to render	: Reprimand	: Suspension	: Dismissal
		overtime service		1-30 days
	7.	* Disgraceful, immoral or:	: Reprimand	: Suspension	: Dismissal
		dishonest conduct prior		1-30 days
		to entering the service
	8.	* Borrowing money by	: Reprimand	: Suspension	: Dismissal
		superior officers from		1-30 days
		subordinates to superior
		officers
	9.	* Lending money at	: Reprimand	: Suspension	: Dismissal
		usurious rates of		1-30 days
		interest
	10.	* Willful failure to pay:	Reprimand	:Suspension	:Dismissal
		just debts or willful		1-30 days
		failure to pay taxes due
		to the government
	11.	* Pursuit of private	: Reprimand	: Suspension	: Dismissal
		business, vocation or		1-30 days
		profession without the
		permission required by
		Civil Service rules
		and regulations
	12.	* Lobbying for personal	: Reprimand	: Suspension	: Dismissal
		interest or gain in		1-30 days
		legislative halls and
		offices without authority
	13.	* Promoting the sale of	: Reprimand	: Suspension	: Dismissal
		tickets in behalf of		1-30 days
		private enterprises that
		are not intended for
		charitable or public
		welfare purposes and even
		in the latter cases if there
		is no prior authority
	14.	* Failure to act	: Reprimand	: Suspension	: Dismissal
		promptly on letters and		1-30 days
		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
	15.	** Failure to process	: Reprimand	: Suspension	: Dismissal
		documents and complete		1-30 days
		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.
	16.	** Failure to attend to	: Reprimand	: Suspension	: Dismissal
		anyone who wants to avail		1-30 days
		himself of the services of
		the office, or act promptly
		and expeditiously on public
		transactions

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 credits and retirement benefits, and the disqualification for reemployment 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 reemployment in a class of position, the respondent shall be disqualified for reemployment in such position.

All Circulars, issuances inconsistent with the Memorandum Circular are deemed superseded.

THIS CIRCULAR SHALL TAKE EFFECT IMMEDIATELY.

Quezon City, July 20, 1989.

(SGD.) PATRICIA A. STO. TOMASChairman

 

* Offenses under Presidential Decree No. 807.

 The penalty of Forced Resignation may be imposed instead of dismissal.

 The penalty of Transfer, or demotion, or fine may be imposed instead of Suspension from 1 month 1 day to 1 year.

 The penalty of fine may be imposed instead of suspension from 1 day to 1 month.

* Offenses under Republic Act No. 6713