MEMORANDUM CIRCULAR NO.

30 s 1989 July 20, 1989

SUPREME 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 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 undesirable: Dismissal
5. *Conviction of a crime involving moral turpitude: Dismissal
6. *Falsification of official Document: 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 of 6 mos. 1 day to 1 year: Dismissal
14. *Disgraceful and immoral conduct: Suspension of 6 mos. 1 day to 1
year: Dismissal
15. *Inefficiency and incompetence in the performance of official 1 year
duties Suspension of 6 mos. 1 day to 1 year: Dismissal
16. *Frequent unauthorized absences or tardiness in reporting for duty
loafing or frequent unauthorized absences from duty during regular office
hours: Suspension of 6 mos. 1 day to 1 year: Dismissal
17. *Refusal to perform official duty: Suspension of 6 mos. 1 day to 1 year:
Dismissal
18. *Gross insubordinations: Suspension of 6 mos. 1 day to 1 year:
Dismissal
19. *Conduct grossly prejudicial to the best interest of the service:
Suspension of 6 mos. 1 day to 1 year: Dismissal
20. **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 of 6 mos. 1 day to 1 year:
Dismissal

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 of 6 mos. 1 day to 1 year: Dismissal

22. **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 of 6 mos. 1 day to 1 year:
Dismissal

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 of 6 mos. 1 day to 1 year:
Dismissal

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 of 6 mos. 1 day to 1 year: Dismissal
B. LESS GRAVE OFFENSES:
1. *Simple neglect of duty: Suspension: Dismissal
6 mos. 1 day
1 year
2. *Simple misconduct: Suspension: Dismissal
6 mos. 1 day
1 year
3. *Gross discourtesies in the course of official duties: Suspension1 mo. 1
day
6 mos.
: Dismissal
4. *Gross violations of existing Civil Service Law and rules: Suspension1
mo. 1 day
of serious nature 6 mos.
: Dismissal
5. *Insubordination: Suspension 6 mos. 1 day
1 year
: Dismissal
6. *Habitual drunkenness: Suspension 6 mos. 1 day
1 year
: Dismissal
7. *Nepotism as defined in Sec. 49 of Presidential Decree No. 807 l:
Suspension 1 mo. 1 day 6 mos.: Dismissal
8. **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.: Dismissal
9. **Unfair discrimination in rendering public service due to party affiliation
or preference: Suspension 1 mo. 1 day 6 mos.: Dismissal
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.: Dismissal

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. : Dismissal

C. LIGHT OFFENSES:
1. *Neglect of duty: Reprimand: Suspension 1-30 days
: Dismissal
2. *Discourtesy in the course of official duties: Reprimand: Suspension 1-
30 days
: Dismissal
3. *Improper or unauthorized solicitation of contributions from subordinate
employees and by teachers or school officials from school children:
Reprimand : Suspension 1-30 days : Dismissal
4. *Violation of reasonable office rules and regulations: Reprimand:
Suspension 1-30 days: Dismissal
5. *Gambling prohibited by law: Reprimand: Suspension 1-30 days:
Dismissal
6. *Refusal to render overtime service: Reprimand: Suspension 1-30 days:
Dismissal
7. *Disgraceful, immoral or dishonest conduct prior to entering the service:
Reprimand: Suspension 1-30 days: Dismissal
8. *Borrowing money by superior officers from subordinate to superior
Officers: Reprimand: Suspension 1-30 days: Dismissal
9. *Lending money at usurious rates of interest: Reprimand: Suspension 1-
30 days
: Dismissal
10. *Willful failures to pay just debts or willful failure to pay taxes due
to the government: Reprimand: Suspension 1-30 days: Dismissal
11. *Pursuit of private business, vocation or profession 1-30 days without
the permission required by Civil Service rules and regulations: Reprimand:
Suspension 1-30 days: Dismissal
12. *Lobbying for personal interest or gain in 1-30 days’ legislative halls
and
offices without authority: Reprimand: Suspension 1-30 days: Dismissal
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: Suspension 1-30
days: Dismissal
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: Suspension 1-30 days: Dismissal
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:
Suspension 1-30 days: Dismissal
16. **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: Suspension 1-30 days: Dismissal
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.
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 TOMAS
Chairman
Footnotes
* 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 maybe 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
The Lawphil Project - Arellano Law Foundation

Administrative Order No. 238, s. 1991