Lea 1 Finals

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Government – includes the National Government, Local government and all other instrumentalities, agencies,

or branches of the Republic of the Philippines including government owned or controlled corporations, and
their subsidiaries.
Public Officials – includes elective and appointive officials and employees, permanent or temporary, whether
in the career or non-career service, including military and police personnel, whether or not they receive
compensation regardless of amount.
Gift – refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of another who
accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not include
an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a
public official or employee.
Receiving any gift – includes the act of accepting directly or indirectly, a gift from a person other than a
member of his family or relative as a defined in this act, even on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or the gift is given in
anticipation of, or in exchange for, a favor.
Conflict of interest – arises when a public official or employee is a member of a board, an officer, or a
substantial stockholder of a private corporation or business, or his rights or duties therein, may be opposed to
or affected by the faithful performance of official duty.
Relatives – refers to any and all persons related to a public official or employee within the fourth civil degree of
consanguinity or affinity, including bilas, inso and balae

WHO ARE THE GIVERNMENT OFFICIALS AND EMPLOYEE?


Sec 6 – The Civil Service embraces all branches, subdivisions, instrumentalities, and agencies of the
government, including government-owned or controlled corporations with original charters.
(2) Positions in the Civil Service shall be classified into career service and non-career service
Sec 7 – Career Service – The Career Service shall be characterized by (1) entrance based on merit and
fitness to be determine as far as practicable by competitive examination, or based on highly technical
qualifications; (2) opportunity for advancement to higher career positions; and (3) security of tenure
Sec 9 – Non-Career Service – The Non-Career Service shall be characterized by (1) entrance on bases other
than those of the usual tests of merit and fitness utilized for the career service; and (2) tenure which is limited
to a period specified by law, or which is coterminous with that of the appointing authority or subject to his
pleasure, or which is limited to the duration of a particular project for which purpose employment was made.

THE NON-CAREER SERVICE SHALL INCLUDE:


1. Elective officials and their personal or confidential staff
2. Secretaries and other officials of the Cabinet rank who hold their positions at the pleasure of the President
and their personal of confidential staffs;
3. Chairman and members of commissions and boards with fixed terms of office and their personal or
confidential staff;
4. Contractual personnel or those whose employment in the government is in accordance with a special
contract
5. Emergency and seasonal personnel

NORMS OF CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES


Every public and official and employee shall observe the following as standards of personal conduct in the
discharge and execution of official duties:
1. Commitment to the public interest – public officials and employees shall always uphold the public interest
over and above personal interest
2. All government resources and powers of their respective offices must be employed and used efficiently,
effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.
3. Professionalism – public officials and employees shall perform and discharge their duties with the highest
degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost
devotion and dedication to duty.
4. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue
patronage.
5. Justness and sincerity – public officials and employees shall remain true to the people at all times. They
must act with justness and sincerity and shall not discriminate against anyone especially the poor and
under privileged.
6. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to the law,
good morals, good customs, public policy, public order, public safety and interest.
7. Political neutrality – public officials and employees shall provide service to everyone without unfair
discrimination and regardless of party affiliation or preference.
8. Responsiveness to the public – public officials and employees shall extend prompt, courteous, and
adequate service to the public.
9. Simple living – public officials and employees and their families shall lead modest lives appropriate to their
positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.

DUTIES AND RESPONSIBILITIES OF PUBLIC OFFICIALS


Act promptly on letters and requests. - All public officials and employees shall, within fifteen (15) working
days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public.
The reply must contain the action taken on the request.
Act immediately on the public's personal transactions. All public officials and employees must attend to
anyone who wants to avail himself of the services of their offices and must, at all times, act expeditiously.
Make documents accessible to the public. public. - All public documents must be made accessible to, and
readily available for inspection by, the public within reasonable working hours.
Financial and material interest. - Public officials and employees shall not, directly or indirectly, have any
financial or material interest in any transaction requiring the approval of their office.

PROHIBITED ACTS AND TRANSACTIONS


Outside employment and other activities related thereto. - Public officials and employees during their
incumbency shall not:
1. Own, control, manage, or accept employment as officer, employee consultant, counsel, broker, agent,
trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly
allowed by law:
2. Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that
such practice will not conflict or tend to conflict with their official functions.
3. Recommend any person to any position in a private enterprise which has a regular or pending official
transaction with their office.
4. Disclosure and/or misuse of Confidential information. - Public officials and employees shall not use or
divulge, confidential or classified information officially known to them by reason of their office and not made
available to the public, either:
(1) To further their private interests, give undue advantage to anyone;
(2) To prejudice the public interest.
5. Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or accept, directly or
indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the
course of their official duties or in connection with any operation being any transaction which may be affected
by the functions of their office.

DISCIPLINE IN THE GOVERNMENT


For the Philippine National Police
A police officer belongs to the elite in public service. Thus, an ideal police officer is:
1. Loyal to the Constitution, flag, country and people
2. A man of honor and courage, a gentleman/lady
3. Given arms to ensure his capability as a peace officer; a law enforcer; a lawman
However, if the police officer violates the law, the State has the right to hold him answerable for all his actions
in accordance with the existing laws and the rules and regulations of the organization.
DISC
TITLE AND CONTENT LAYOUT WITH CHART
DISCIPLINING AUTHORITY – refers to the person or body dully authorized to impose the penalty provided for
by the law or rules.
OFFICES/ OFFICERS THAT HAVE DISCIPLINARY POWERS OVER THE PNP PERSONNEL
1. NAPOLCOM
2. Ombudsman
3. PLEB
4. Civil Service Commission
5. Chief, PNP
6. PNP Provincial Director
7. PNP Regional Director
8. Chief of Police
9. Internal Affairs Service
10. Mayor

OFFICES/OFFICERS THAT HAVE DCIPLINARY POWERS OVER CIVILIAN EMPLOYEE


1. Ombudsman
2. Civil Service Commission
3. Heads of the department/secretary
4. Internal Affairs Service
5. Other disciplinary authority as provided by law
6. Regional directors
7. For Army (Military Court)

WHAT IS COMPLAINT AND GRIEVANCES?


 Employees shall have the right to present their complaints or grievances to management and have them
adjudicated as expeditiously as possible in the best interest of the agency, the government as a whole, and
the employees concerned.
 Such complaint or grievances shall be resolved at the lowest possible level in the department or agency, as
the case may be, and the employee shall have the right to appeal such decision to higher authorities.
 Each department or agency shall promulgate rules and regulations governing expeditious, fair and
equitable adjustment of employees’ complaints or grievances in accordance with the policies enunciated by
the commission.

EXCLUSIVE JURISDICTION
Jurisdiction of the CSC – the civil service commission shall hear and decide administrative cases instituted
by or brought before it, directly or on appeal, including contested appointments and review decisions and
actions of its offices of the agencies attached to it

DISCIPLINARY JURISDICTION
 the commission shall decide upon appeal all administrative disciplinary cases involving the imposition of
a penalty of

 suspension for more than thirty days,


 or fine in an amount exceeding thirty days’ salary,
 demotion in rank or salary or transfer,
 removal or dismissal from office

 A complaint may be filed directly with a commission by a private citizen against a government official or
employee
 In which case it may hear and decide the case or it may deputize any department or agency or official or
group of officials to conduct the investigation. The results of the investigation shall be submitted to the
commission of the recommendation as to the penalty to be imposed or other action to be taken.

JURISDICTION OF HEADS OF THE OFFICE

 The secretaries and heads of agencies, and other instrumentalities, provinces, cities and
municipalities shall have original concurrent jurisdiction with the commission over the respective
officers and employees.
THE FOLLOWING SHALL BE GROUNDS FOR DISCIPLINARY ACTION
 Dishonesty
 Oppression
 Neglect of duty
 Misconduct
 Disgraceful and immoral conduct
 Being notoriously undesirable
 Discourtesy in the course of official duties;
 In efficiency and in competence in the performance of official duties
 Receiving for personal use of a fee, gift or other valuable thing in the course of official duties or in
connection therewith when such become a 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 other persons, or committing acts
punishable under the anti-graft laws;
 Conviction of a crime involving moral turpitude;
 Improper are an authorized solicitation of contributions from subordinate employees and by teachers or
school officials from school children;
 Violation of existing Civil Service Law and rules or reasonable office regulations;
 Falsification of official document
 Frequent unauthorized absences or tardiness in reporting for duty, loading or frequent unauthorized
absences from duty during regular office hours;
 Habitual drunkenness;
 Gambling prohibited by law;
 Refusal to perform official duty or render overtime service
 Disgraceful, immoral or dishonest conduct prior to entering the service;
 Physical or mental incapacity or disability due to immoral or vicious habits;
 Borrowing money by superior officers from subordinates or lending by subordinates to superior officers;
 Lending money at usurious rates of interest;
 Willful failure to pay just debts or willful failure to pay taxes due to the government;
 Contracting loans of money or other property from persons with whom the office of the employee
concerned has business relations;
 Pursuit of private business, location or profession without the permission required by civil service rules and
regulations;
 Insubordination;
 Engaging directly or indirectly in partisan political activities by one holding a non-political office;
 Conduct prejudicial to the best interest of the service;
 Lobbying for personal interest or gain in legislative halls or offices without authority;
 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;
 Nepotism as defined in section 60 of this title. (With the exemption to the rules)
 Teachers
 Doctors
 Armed forces
 Persons employed in official capacity
 Science and technology personnel
 Other positions provided by law
MINOR OFFENSE – IN THE BOOK

CASES OF COGNIZABLE BY THE CSC


 Disciplinary
 Decisions of the CSC regional offices brought before it on appeal or repetition for review
 Decisions of the head of agencies imposing penalties exceeding 30 days suspension or a fine in an
amount exceeding 30 days salary.
 Complaint brought against Civil Service personnel
 Complaints who are not presidential appointees
 Request for transfer of venue for hearing of cases by regional offices
 Appeal on order of preventive suspension

 Non disciplinary
 Decisions of heads of agencies on personnel actions
 Decisions of Civil Service Commission Regional Offices
 Request for favorable recommendation on petition for the removal of administrative penalties or
disabilities
 Request for Extension of Service
DISCIPLINARY CASES
Who may initiate complaint?
 Administrative proceeding may be initiated by the disciplinary authority MOTU PROPRIO or upon
complaint of another person

When and where to file a complaint?


 Except otherwise provided by the law administrative complaint may be filed at any time with the
commission or any of its regional offices, departments or agencies.

What is the effect of withdrawal of complaint?


 Withdrawal of complaint does not result to outright dismissal of the case nor discharge of the person
complained from administrative liability. Where there is obvious merit of the case.

Action on the Complaint?


 Upon receipt of complaint which is sufficient in form and substance, the disciplinary authority shall
require the person so complained to submit a counter affidavit under oath within 3 days.
FORUM SHOPING ---- ON THE MODULE NA

PAYMENT OF BACK SALARIES DURING PREVENTATIVE SUSPENSION


1. Declaration of recognition that the order of preventive suspension is null and void on its face entitle the
respondent for reinstatement;
WHEN DOES PREVENTATIVE SUSPENSIO IS “NULL AND VOID ON ITS FACE”?
- If not authorized ang nagbigay ng preventative suspension
- If ang preventative suspension ay walang formal charge pero sinuspend mo pa rin, need ibalik
- If sumobra ang preventative suspension

INTERNAL AFFAIRS SERVICE (IAS)


- The investigating body (also a disciplinary authority) but an arm that investigates anomalies or the
complaints that has been files against the police officer
- BFM, BJMP – has their own IAS
- Continuation on the mdouel
-

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