Policy on Government Hours and Administrative Offenses of Frequent Unauthorized Absences (Habitual Absenteeism); Tardiness in Reporting for Duty; and Loafing from Duty during Regular Office Hours

February 21, 2017

DILG MEMORANDUM CIRCULAR NO.034-17

POLICY ON GOVERNMENT HOURS AND ADMINISTRATIVE OFFENSES OF FREQUENT UNAUTHORIZED ABSENCES (HABITUAL ABSENTEEISM);TARDINESS IN REPORTING FOR DUTY; AND LOAFING FROM DUTY DURING REGULAR OFFICE HOURS

1.0 Background

The Constitution mandates that 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 lead modest lives. Part of this accountability is the observance of the prescribed office hours in a given working day.

2.0 Purpose

The purpose of this policy is to reiterate the government office hours including the administrative offenses and their corresponding penalties.

3.0 Legal Compliance

This Circular is based on the following laws:

3.1. 1987 Constitution of the Philippines;

3.2. Executive Order No. 292;

3.3. Memorandum Circular No.01, s. 2017

4.0 Scope/Coverage

All Provincial Governors, City and Municipal Mayors, Punong Barangays, DILG Regional Directors, ARMM Regional Governor, and all others concerned.

5.0 Policy Content and Guidelines

5.1  All Local Chief Executives (LCEs) are directed to monitor strict compliance of all public officers and employees within their respective jurisdiction on the herein existing rules and regulations, particularly: CAIHTE

5.1.1  Under Omnibus Rules Implementing Book V of EO No. 292

5.1.1.1 Sections 1 to 5, and 8 to 9, Rule XVII of Omnibus Rules Implementing Book V of EO No. 292, clearly laid down the government office hours, to wit:

Section 1. It shall be the duty of each head of department or agency to require all officers and employees under him to strictly observe the prescribed office hours.

Section 2. Each head of department or agency shall require a daily record of attendance of all the officers and employees under him including those serving in the field or on the water, to be kept on the proper form and, whenever possible, registered on the bundy clock.

Service "in the field" shall refer to service rendered outside the office proper and service "on the water" shall refer to service rendered on board a vessel which is the usual place of work.

Section 3. Chiefs and Assistant Chiefs of agencies who are appointed by the President, officers who rank higher than these chiefs in the three branches of the government, and other presidential appointees need not punch in the bundy clock, but attendance and all absences of such officers must be recorded.

Section 4. Falsification or irregularities in the keeping of time records will render the guilty officer or employee administratively liable without prejudice to criminal prosecution as the circumstances warrant.

Section 5. Officers and employees of all departments and agencies except those covered by special laws shall render not less than eight hours of work a day for five days a week or a total of forty hours a week, exclusive of time for lunch. As a general rule, such hours shall be from eight o'clock in the morning to twelve o'clock noon and from one o'clock to five o'clock in the afternoon on all days except Saturdays, Sundays and Holidays.

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Section 8. Officers and employees who have incurred tardiness and undertime regardless of the number of minutes per day, ten times a month for two (2) consecutive months in a semester shall be subject to disciplinary action.

Section 9. Off-setting of tardiness or absences by working for an equivalent number of minutes or hours by which an officer or employee has been tardy or absent, beyond the regular or approved working hours of the employees concerned, shall not be allowed. DETACa

5.1.1.2 Section 22, Rule XIV of Omnibus Rules Implementing Book V of EO No. 292, provides the Frequent Unauthorized Absences (Habitual Absenteeism), Tardiness in Reporting for Duty and Loafing from Duty during Regular Office Hours, to wit:

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An officer or employee in the civil service shall be considered habitually absent if he incurs unauthorized absences exceeding the allowable 2.5 days monthly leave credit under the Leave Law for at least three (3) months in a semester or at least three (3) consecutive months during the year.

In case of claim of ill-health of departments or agencies are encouraged to verify the validity of such claim, if not satisfied with the reason given, should disapprove the application for sick leave. On the other hand, in cases where an employee absents himself from work before approval of the application, said application should be disapproved.

In the discretion of the Head of any department, agency, or office, any government physician may be authorized to do a spot check on employees who are supposed to be on sick leave.

5.1.2  Under the Revised Rules on Administrative Cases in the Civil Service (RRACCS)

5.1.2.1 Section 46 (B) (5), of the Revised Rules on Administrative Cases in the Civil Service (RRACCS), provides the administrative offenses and their corresponding penalties, to wit:

Frequent Unauthorized Absences (Habitual Absenteeism),Tardiness in Reporting for Duty, and Loafing from Duty during Regular Office Hours are grave offenses punishable by suspension of six (6) months and one (1) day to one (1) year for the first offense and dismissal from the service for the second offense.

5.1.2.2 Section 46 (F) (4), of the Revised Rules on Administrative Cases in the Civil Service (RRACCS), clearly stated the administrative offenses and their corresponding penalties, to wit:

Frequent Unauthorized Tardiness (Habitual Tardiness) is a light offense punishable by reprimand for the first offense, suspension of one (1) to thirty (30) days for the second offense, and dismissal from the service for the third offense. It is committed when an official or employee incurs tardiness, regardless of the number of minutes, ten (10) times a month for at least two (2) months in a semester or at least two (2) consecutive months during the year.

The classification of Habitual Tardiness as either a grave offense or a light offense would depend on the frequency or regularity of its commission and its effects on the government service. aDSIHc

5.2  A list of non-complying public officers and employees shall be submitted on a quarterly basis (i.e.,April 15, July 15, October 15 and January 15) to:

5.2.1 In the case of Barangay — to respective City or Municipal Mayor; copy furnished the C/MLGOO or City Director;

5.2.2 In the case of Municipality or Component City — to respective Provincial Governor, copy furnished DILG Provincial Director;

5.2.3 In the case of Highly Urbanized City, Independent Component City and or Provincial Government — to DILG Regional Director, copy furnished the Secretary of Interior and Local Government, through [email protected].

5.3  All concerned shall strictly monitor submissions, and exercise supervisory authority in accordance with the LG Code of 1991:

5.3.1 The DILG Regional Office, with respect to HUCs, ICCs and Provinces;

5.3.2 The Province, with respect to component cities and municipalities; and

5.3.3 The City and Municipality, with respect to barangays.

6.0 Penal Provisions

Non-compliance with the above-cited provisions of laws, rules and regulations shall be dealt with in accordance with pertinent laws, rules and regulations.

7.0 References

7.1 1987 Constitution of the Philippines;

7.2 Local Government Code of 1991;

7.3 Executive Order No. 292;

7.4 Memorandum Circular No.01, s. 2017

8.0 Repealing Clause

All DILG Memorandum Circulars inconsistent herewith, in part or in full, are hereby modified, revoked, or repealed accordingly.

9.0 Effectivity

This Memorandum Circular shall take effect immediately.

10.0 Approving Authority

(SGD.) ISMAEL D. SUENOSecretary

11.0 Feedback

For related queries, kindly contact the following concerned offices:

11.1. Civil Service Commission at Tel. Nos. (02) 931-7935, (02) 931-7939 or (02) 931-8092 or at email address at [email protected]. ETHIDa

11.2. Bureau of Local Government Supervision at Tel. Nos. (02) 928 9181 or (02) 925 0351 or at email address at [email protected]