Dismissal From Civil Service

7/23/2019 Dismissal From Civil Service

http://slidepdf.com/reader/full/dismissal-from-civil-service 1/12

MEMORANDUM CIRCULAR NO. 30 s 1989 July 20, 1989SUPREME COURT CIRCULARS AND ORDERS

MEMORANDUM CIRCULAR

TO: ALL HEADS OF DEPARTMENTS, BUREAUS AND AGENCIES OF NATIONAL AND LOCAL

GOVERNMENTS, STATE COLLEGES AND UNIVERSITIES, INCLUDING GOVERNMENT

OWNED AND CONTROLLED CORPORATIONS WITH ORIGINAL CHARTERS.

SUBJECT: GUIDELINES IN THE APPLICATION OF PENALTIES IN ADMINISTRATIVE CASES.

Pursuant to Resout!on No. "#$%&', (ate( )u* +&, #"#, t-e C!! Ser!/e Co00!ss!on -ere1* 2res/r!1e( t-e

3oo4!n5 5u!(e!nes !n t-e a22!/at!on o3 2enat!es !n a(0!n!strat!e /ases.

A(0!n!strat!e o33enses 2ro!(e( 3or un(er t-e C!! Ser!/e La4 6Pres!(ent!a De/ree No. "&78 an( t-e Co(e o3

Con(u/t 6Re2u1!/ A/t No. '798, /ass!3!e( !nto 5rae, ess 5rae, an( !5-t an( t-e!r /orres2on(!n5 2enat!es are:

st O33ense +n( O33ense 9r( O33ense

A. GRAVE OFFENSES:

*D!s-onest* : D!s0!ssa

+. *Gross Ne5e/t o3 Dut* : D!s0!ssa

9. *Grae M!s/on(u/t : D!s0!ssa

;. *Be!n5 notor!ous* un(es!ra1e : D!s0!ssa

………

……..

;. *D!s5ra/e3u an( !00ora

/on(u/t : Sus2ens!on : D!s0!ssa

o3 ' 0os. (a*

to *ear

OFFENSES AND PENALTIES

Administrative offenses with corresponding penalties are classified into grave, less grave

or light, depending on their gravity and effects on the government service.



Grave offenses are those which may be punished with dismissal from the service for the

first offense or the maximum of 1-year suspension for the first offense and dismissal from

the service for the second offense. Examples of Grave Offenses punishable with dismissal

are

• !ishonesty

• Gross "eglect of !uty

• Grave #isconduct

• $eing "otoriously %ndesirable

• &onviction of a crime involving moral turpitude

•

'alsification of Official !ocument

• (hysical or mental incapacity due to immoral or vicious habits

• Engaging directly in partisan political activities

• )eceiving for personal use, a fee, gift or other valuable thing in the course

of official duties when the same is given by any person in the hope or

expectation of receiving a favor

• &ontracting loans of money or property from persons with whom the office

of the employee has business relations

• "epotism and !isloyalty to the )epublic of the (hilippines.

Examples of Grave Offenses punishable with * mos. and 1 day to 1 year are

• Oppression

• !isgraceful and immoral conduct

• +nefficiency and incompetence in the performance of official duties

• 'reuent unauthoried absences or tardiness

• )efusal to perform official duty

• Gross insubordination



• &onduct preudicial to the best of interest of the service

• /aving financial and material interest in any transaction reuiring the

approval of his office0 owning, controlling, etc. as officer in any private

enterprise regulated or supervised or licensed by his Office

• !isclosing or misusing confidential of classified information to further his

private interests, among others.

Less Grave offenses are those punishable with 1 mo. and 1 day to * mos. 'or the first

offense and dismissal for the second offense. Examples are

• imple "eglect of !uty

• imple #isconduct

• Gross !iscourtesy in the course of official duties

• 2iolation of & 3aw and )ules of serious nature

• +nsubordination

• /abitual !run4enness

• 'ailure to 'ile sworn statements of assets and liabilities

• 'ailure to resign from his position in the private business where there is

conflict of interest within 56 days from assumption of public office.

Light Offenses are those punishable with reprimand for the first offense, suspension of

up 56 days for the second offense and dismissal from the service for the third offense.

Examples are

• !iscourtesy

• +mproper solicitation from subordinates or school children

• 2iolation of reasonable office rules and regulations

• /abitual tardiness

• Gambling prohibited by law



• )efusal to render overtime service

• +mmorality prior to entering the service

• $orrowing money from subordinates

• 3ending money at usurious rates

• 7illful failure to pay ust debts

• 3obbying for personal gain in legislative halls and offices without authority

• (romoting sale of tic4ets in behalf of a private enterprise without authority

• 'ailure to act promptly on letters within 1* days

• 'ailure to process documents within a reasonable time

Extenuating, Mitigating, Aggravating or Alternative Ciru!stanes

+n determining the imposable penalties, some circumstances may be appreciated for the purpose of mitigating or aggravating the liability of the respondent. 8hey are as follows

• (hysical illness

• Good faith

• 8a4ing undue advantage of official position

• 8a4ing undue advantage of subordinates

• %ndue disclosure of confidential information

• %se of government property in the commission of the offense

• /abitual commission of the offense during office hours and within office

premises

• Employment of fraudulent means to commit or conceal the offense

• 3ength of service in the government,

• Education or other analogous circumstances.



• +f there is no aggravating or mitigating circumstance present, the medium

penalty is imposed.

• +t only the aggravating circumstance is present, the maximum penalty shall

be imposed.

• +f only mitigating circumstance is present, the minimum penalty shall be

imposed.

• 8he penalty of dismissal from the service is indivisible, hence, no amount

of mitigating circumstance can reduce the same to a lower penalty.

• 7hen aggravating and mitigating circumstances are present, the penalty

shall be imposed according to the number of each circumstances. +f there

are more aggravating circumstances, the maximum shall be imposed0 if

there are more mitigating, the maximum shall be imposed0 and if botheually offset each other, the medium penalty shall be imposed.

Duration an" effet of a"!inistrative #enalties$

• 8he penalty of dismissal shall result in the permanent separation of the

employee from the service with perpetual disualification to hold public

office.

• uspension shall be considered a gap in the service and during that period

the respondent will not be entitled to all money benefits including leavecredits. /e shall not also be promoted during the said period.

• 8he penalty of fine shall be in an amount not exceeding * months salary of

the respondent. 8he prohibition for promotion shall be euivalent to the

period had the penalty been suspension. 8he fine shall be paid to the agency

that imposed the same.

• 8he penalty of reprimand does not carry any accessory penalty.

Effet of exoneration$

• +f a civil service employee was illegally suspended or dismissed, legally

spea4ing, his position did not become vacant, so the appointment of another

to the post during the suspension period is temporary and precarious and noobstacle to reinstatement of the person who was illegally suspended or

dismissed 9 Batungbakal vs. National Dev. Co. :5 (hil. 1;<=



• +f total exoneration is declared, the illegally dismissed or suspended

employee is entitled to reinstatement with payment of bac4wages and other

benefits but only for the period not exceeding five 9>= years. 9San Luis vs.

Court of Appeals, 1?@ &)A <>;=

CONTEMPT

• Any officialemployeeperson found guilty after due proceedings of the

following acts or omissions may be punished for indirect contempt

disobedience of or resistance to a lawful writ, process, order, decision,

resolution, ruling, summons, subpoena, command or inunction of the

&ommission.

• (roceedings may be initiated by the &ommission motu proprio, or

commenced by a verified petition.

• A hearing to investigate the charge shall be set. 'ailure of respondent to

attend the scheduled hearing and to give a satisfactory explanation in

writing will result in his waiver to be present during the hearing.

• 'ine of (1,666.66 per day for every act of a person found guilty of indirect

contempt. !amages in addition to fine shall be awarded if contempt

consists of violation of an inunction or omission to do an act which is

within the power of the respondent.

DISG%ACEF&L AND IMMO%AL COND&CT

)efers to acts which violate the basic norm of decency, morality and decorum abhorred

and condemned by the society. +t refers to conduct which is willful, flagrant, or

shameless, and which shows a moral indifference to the opinion of the good and

respectable members of the community.

CLASSIFICATION

a= Disgraeful an" I!!oral Con"ut in the 'or(#lae B

&onduct committed by parties, regardless of marital status, under A"C ofthe following circumstances

1. 8he disgraceful and immoral conduct was committed in the

wor4place in a scandalous manner



<. 8he disgraceful and immoral conduct was committed by

ta4ing advantage of oneDs position andor with the use of

government property and resources

5. 8he disgraceful and immoral conduct affected the wor4

performance of the respondents

b= Disgraeful an" I!!oral Con"ut Co!!itte" through a

For)i""en %elationshi# B

8he disgraceful and immoral conduct is classified under this

section if the parties are engaged in a relationship forbidden by

law.

c= Disgraeful an" I!!oral Con"ut Co!!itte" through

Inherentl* I!!oral Ats B

&onduct which consists of immoral and deviant acts inherently

forbidden by the basic norms of decency, morality and decorum

such as, but not limited to incest, pedophilia, exhibitionism andthe li4e, whether committed in a discreet or scandalous manner

within or out of the wor4place.

'+O MA INITIATE COMPLAINT

a= !isgraceful and !+&+(3+"+"G

+mmoral &onduct in the A%8/O)+8C 7or4place A"C (E)O"

b= !isgraceful and 9filed against the married

+mmoral &onduct party= $C A"C 8hrough a 'orbidden +##E!+A8E #E#$E) O'

)elationship /+/E) 'A#+3C

c= !isgraceful and !+&+(3+"+"G

+mmoral &onduct A%8/O)+8C &ommitted through A"C (E)O"

+nherently +mmoral Acts

Me!oran"u! Cirular No- ./, s- 01.1 "ate" August /, 01.1

Fection 1. Definition of Disgraceful and Immoral Conduct. B !isgraceful

and +mmoral &onduct refers to an act which violates the basic norm of

decency, morality and decorum abhorred and condemned by the society. +t

refers to conduct which is willful, flagrant or shameless and which shows a

http://www.lis.dar.gov.ph/home/document_view/7115

http://www.lis.dar.gov.ph/home/document_view/7115



moral indifference to the opinions of the good and respectable members of the

community.

Fection <. Complaint for Disgraceful and Immoral Conduct; Wo !a"

Initiate#$ile B A complaint for !isgraceful and +mmoral &onduct may be

initiated by the disciplining authority or filed by any person against the partiesinvolved, whether married or unmarried.

Fection 5. Complaint for Disgraceful and Immoral Conduct Against

%nmarried &overnment 'ersonnel. B %nmarried government employees who

do not have any existing legal impediments to contract marriage may not be

made liable for the administrative offense of !isgraceful and +mmoral &onduct

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 li4e.

Fection @. !anner of Commission of te (ffense B 8he acts consisting of

the administrative offense of !isgraceful and +mmoral conduct may be

committed in a scandalous or discreet manner, within or out of the wor4place.

DIS+ONEST

/as been defined as a form of conduct which connotes untrustworthiness and lac4 of

integrity, a disposition to lie, cheat deceive, betray.F

$A3AGO, 8eodoro Hr. 3., et al., && )esolution "o. ::-16;>, #ay <1, 1::: citing$)+O"E, )olando A., &A )es. :?-5?@6 dated August <;, 1::?I

F8he concealment or distortion of truth, which shows lac4 of integrity or a

disposition to defraud, cheat, deceive or betray and an intent to violate the

truth.F

ection 1. )%3E O" A!#+"+8)A8+2E O''E"E O' !+/O"E8C0 &&

)esolution "o. 6*-6>5;, April @, <66*I

Classifiation of DIS+ONEST

a= erious !ishonesty B 'unisable b" dismissal from te service

b= 3ess erious !ishonesty

1st offense B suspension from * months and 1 day to 1

year



<nd offense B dismissal from the service

ection <, )%3E O" A!#+"+8)A8+2E O''E"E O' !+/O"E8C, &&


c= imple !ishonesty B

1st offense B suspension of 1 month and 1 day to *months

<nd offense B suspension of * months and 1 day to 1 year

5rd offense B dismissal from the service

ection <, )%3E O" A!#+"+8)A8+2E O''E"E O' !+/O"E8C, &&


8he presence of any one of the following attendant circumstances in the commission of

the dishonest act would constitute the offense of E)+O% !+/O"E8C

a= 8he dishonest act caused serious damage and grave preudice to the

Government

b= 8he respondent gravely abused his authority in order to commit the

dishonest act

c= 7here the respondent is an accountable officer, the dishonest act directlyinvolves property, accountable forms or money for which he is directly

accountable and the respondent shows an intent to commit material gain, graft

and corruption

d= 8he dishonest act exhibits moral depravity on the part of the respondent

e= 8he respondent employed fraud andor falsification of official documents in

the commission of the dishonest act related to hisher employment

f= 8he dishonest act was committed several times or in various occasions

g= 8he dishonest act involves a &ivil ervice examination irregularity or fa4e

&ivil ervice eligibility such as, but not limited to impersonation, cheating and

use of crib sheets

h= Other analogous circumstances



ection 5, )%3E O" A!#+"+8)A8+2E O''E"E O' !+/O"E8C, &&



the dishonest act would constitute the offense of 3E E)+O% !+/O"E8C

a= 8he dishonest act caused damage and preudice to the government which is

not so serious as to ualify under the immediately preceding classification

b= 8he respondent did not ta4e advantage of hisher position in committing the

dishonest act

c= Other analogous circumstances

ection @, )%3E O" A!#+"+8)A8+2E O''E"E O' !+/O"E8C, &&

)esolution "o. 6*-6>5;, April @. <66*I


the dishonest act would constitute the offense of +#(3E !+/O"E8C

a= 8he dishonest act did not cause damage or preudice to the government

b= 8he dishonest act has no direct relation to or does not involve the duties and

responsibilities of the respondent

c= +n falsification of any official document where the information falsified is

not related to hisher employment

d= 8hat the dishonest act did not result in any gain or benefit to the offender

e= Other analogous circumstances

ection >, )%3E O" A!#+"+8)A8+2E O''E"E O' !+/O"E8C, &&


G%OSS NEGLECT OF D&T

"egligence is want of care reuired by the circumstances. +t is a relative or comparative,

not an absolute term, and its application depends upon the situation of the parties, and the

degree of care and vigilance which the circumstances reasonably impose

%S vs. )%ANILL(, <5 (hil. <1<I

G%A2E 2S- SIMPLE



+n Grave #isconduct, as distinguished from imple #isconduct, the elements of

corruption, clear intent to violate the law or flagrant disregard of established rules, must

be manifest.F

LAND*I+( vs. CSC , <<5 &)A >*@ &iting +n )e +mpeachment of /orilleno, @5 (hil.

<1< 91:<<=I

3EING NOTO%IO&SL &NDESI%A3LE

8his offense is based mainly on the general reputation of an employee for being difficult

to wor4 with, due to hisher uarrelsome attitude andor repeated infractions of office

rules. 8he focus in this offense is the totality of his conduct in office and not his liability

for the individual acts.F

3AG%+33E, &esar (., && )esolution "o. ::-66<*, Hanuary *, 1:::I

CON2ICTION OF A C%IME IN2OL2ING MO%AL T&%PIT&DE

Everything which is done contrary to ustice, honesty, modesty or good morals.

+n )e $asa, @1 (hil <?>0 +n )e +sada, *6 (hil. :1>I

MO%AL T&%PIT&DE

Everything which is done contrary to ustice, honesty, modesty or good morals.

F+t 9moral turpitude= implies something immoral in itself, regardless of the factthat it is punishable by law or not. +t is not the prohibition by statute that fixes

moral turpitude but the nature of the act itself.F

9)O$)E!+33O, #ario, && )esolution "o. 66-6*>?, #arch 16, <666 citing D,LA

+(**, vs. C(!,L,C , <>; &)A @;5I

FALSIFICATION OF P&3LIC DOC&MENTS

'alsification as a rule is the misrepresentation of a thing, fact or condition, certifying that

a thing is true when it is not, whether one has the right to ma4e the representation or certificate. As applied to a public document, in order that said act be punishable, it is

immaterial whether it has caused damage to a third person or not. 8his is because

falsification of public documents is controlled by other principles distinct from those

applicable to private documents.

%.S. vs. B%,NA-,N+%*A, 1 (hil. @55I



Documents

Dismissal From Civil Service