ADMINISTRATIVE

DISCIPLINE
 LEGAL BASES
I. 1987 PHILIPPINE CONSTITUTION,
Article XI
Accountability of Public Officers

Section 1. Public office is a public trust.

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 justice, and lead modest
lives.
II. R.A. 6713 - Code of Conduct
and Ethical Standards for Public
Officials and Employees.

III. Jurisprudence and other

laws/rules dealing with
administrative discipline
 CHARACTERISTICS OF
ADMINISTRATIVE DISCIPLINE

1. Administrative offenses do not

prescribe. (Floria vs. Sunga, 368 SCRA 551)

2. The withdrawal of the

complainant does not necessarily
result to the dismissal of the
complaint.
3. Cessation from office of a
respondent by resignation or retirement
does not warrant the dismissal of an
administrative complaint filed while he
or she was still in the service nor does
it render the administrative case moot
and academic.

4. The disciplining authority may file a

motu proprio complaint.
5. No officer or employee of the
government can be disciplined or
removed from office except for
cause and after due process. (Art. IX-B,
Sec. 2, par. 3, 1987 Constitution)

6. The purpose of administrative

proceedings is mainly to protect the
public service.
3-FOLD LIABILITY
PUBLIC OFFICIAL OR EMPLOYEE

CIVIL CRIMINAL
ADMINISTRATIVE
(Payment of (Imprisonment
(Administrative
Damages and/or and/or Payment
Sanctions)
Reparation) of Fine)
 JURISDICTION
The authority to hear and
decide cases and the power to
institute disciplinary actions
in administrative cases.
CONCURRENT JURISDICTION
Concurrent jurisdiction is that which is possessed over the
same parties or subject matter at the same time by two
or more separate tribunals.
When the law bestows upon a government body the
jurisdiction to hear and decide cases involving specific
matters, it is to be presumed that such jurisdiction is
exclusive unless it be proved that another body is likewise
vested with the same jurisdiction, in which case, both
bodies have concurrent jurisdiction over the matter.

However, where concurrent jurisdiction exists in several

tribunals, the body or agency that first takes cognizance of
the complaint shall exercise jurisdiction to the exclusion of
the others.
 PRIMARY JURISDICTION
When bodies have concurrent
jurisdiction, one of which is
deemed to have an expertise over
the subject matter of the case, the
other body gives way to the expert
to exercise primary jurisdiction.
PERMANENCY OF JURISDICTION

Jurisdiction once present is not lost

upon the instance of the parties but
continues until the case is terminated.
 DEPED ORDER NO. 49, S. 2006
(Revised Rules of Procedure of the Deped in Administrative Cases)

It provides for the procedure on disciplinary

actions or administrative cases against DepEd
personnel.

Disciplining Authority / Jurisdiction

Regional Director
- Teachers of the region and the personnel of the
regional office

Schools Division Superintendent

-Non-Teaching personnel in their respective
divisions
 Form of Complaint

Under oath and written in a

clear, simple, and concise
language so as to inform the
person complained of, about
the nature and cause of the
accusation against him.
 Content of Complaint
1. Full name and address of the complainant
2. Full name and address of the person
complained of, as well as his position and
office in the Department of Education
3. A narration of the relevant and material
facts which show the acts or omissions as
allegedly committed by the person
4. Certified true copies of documentary
evidence and affidavits of his/her witnesses, if
any
5. Certificate of Non-Forum Shopping
 Formal Complaint Disciplining Authority

Fact-Finding / Preliminary Investigation

Dismissal of the Preventive Suspension

Formal Charge
complaint, if no
prima facie case
Answer
Dismissal of the
formal charge, if
answer Formal Investigation
satisfactory

Dismissal of the Decision

charges for lack Conviction
of substantial
evidence Motion for
Reconsideration
Preventive Suspension / Re-
assignment of respondent to
other units of the agency
during the formal hearings

Critical period : 90 days

Upon motion or motu
proprio, may be issued
upon issuance of the
Formal Charge or
immediately thereafter.
1. If the charges involve:
a.Dishonesty
b. Oppression
c. Grave Misconduct
d.Neglect in the Performance of Duty
e. If there are reasons to believe that
the respondent is guilty of charges
which would warrant his removal
from the service
2. To temporarily remove the
respondent from the scene of
his misfeasance or malfeasance
and to preclude the possibility
of exerting undue influence or
pressure on the witnesses
against him or tampering of
documentary evidence on file
with his Office.
Grave Offenses
• Dishonesty
• Gross Neglect of Duty
• Grave Misconduct
• Being Notoriously Undesirable
• Conviction of a Crime Involving Moral
Turpitude
• Falsification of Official Document
• Physical or Mental Incapacity or Disability
Due to Immoral or Vicious Habits
• Engaging Directly or Indirectly in Partisan
Political Activities by One Holding Non-
Political Office
• Receiving for Personal Use of a Fee, Gift
or Other Valuable Thing in the Course
of Official Duties or in Connection
therewith
• Contracting Loans of Money or Other
Property from Persons with whom the
Office of the Employee has Business
Relations
• Soliciting or accepting directly or
indirectly, any gift, gratuity, favor,
entertainment, loan or anything of
monetary value
• Nepotism
• Disloyalty to the Republic of the
Philippines and to the Filipino people
• Oppression
• Disgraceful and immoral Conduct
• Inefficiency and incompetence in the
performance of official duties
• Frequent unauthorized absence or
tardiness in reporting for duty, loafing
or frequent unauthorized absences
from duty
• Refusal to perform official duty
• Gross insubordination
• Conduct prejudicial to the best interest of
the service
• Directly or indirectly having financial and
material interest in any transaction
• Owning, controlling, managing or
accepting employment as officer,
employee, consultant, counsel, broker,
agent, trustee or nominee in any private
enterprise
• Disclosing or misusing confidential or
classified information
• Obtaining or using any statement
filed under the Code of Conduct and
Ethical Standards for Public Officials
and Employees
• Recommending any person to any
position in a private enterprise
✘ Less Grave Offenses
• Simple neglect of duty
• Simple misconduct
• Gross Discourtesy in the course of official
duties
• Violation of existing Civil Service Law and
rules of serious nature
• Insubordination
• Habitual Drunkenness
• Unfair discrimination
• Failure to file SALN and disclosure of
business interest and financial connections
• Failure to resign from his position in the
private business enterprise
✘ Light Offenses
• Discourtesy in the course of official duties
• Improper or unauthorized solicitation of
contributions form subordinate employees
and by teachers or school officials from
school children
• Violation of reasonable office rules and
regulations
• Frequent unauthorized tardiness (habitual
tardiness)
• Gambling prohibited by law
• Refusal to render overtime service
• Disgraceful, immoral or dishonest conduct
prior to entering the service
• Borrowing money by superior officers from
subordinates
• Lending money at usurious rates of interest
• Willful failure to pay just debts or willful
failure to pay taxes due to the government
• Lobbying for personal interest or gain in
legislative halls and offices without authority
• Promoting the sale of tickets
• Failure to act promptly on letters and request
• Failure to process documents and complete
action on documents and papers
• Failure to attend to anyone who wants
to avail himself of the services of the
office.
• Engaging in private practice of his
profession
• Pursuit of private business, vocation
or profession without the permission
required by Civil Service rules and
regulations.
 General Imposable Penalties
o Dismissal from service
o Suspension for six (6) months
and one (1) day to one (1) year
o Suspension for one (1) month
and one (1) day to six (6) months
o Suspension for one (1) to thirty
(30) days
o Reprimand
 Effect of
Administrative Penalties
and
Administrative disabilities
inherent in certain
penalties
PENALTY OF DISMISSAL
o Shall result in the permanent separation
of the respondent from the service, with
or without prejudice to criminal or civil
liability.

o Shall carry with it that of cancellation of

eligibility, forfeiture of retirement benefits,
and the perpetual disqualification for
reemployment in the government service,
unless otherwise provided in the decision.
PENALTY OF SUSPENSION
o Shall result in the temporary
cessation of work for a period not
exceeding one (1) year.

o Shallcarry with it disqualification

for promotion corresponding to
the period of suspension.
oSuspension of one (1) day or
more shall be considered a gap
in the continuity of service.
During the suspension,
respondent shall not be
entitled to all money benefits
including leave credits.
PREVENTIVE SUSPENSION

o Preventive suspension is not

considered a penalty; hence,
not a gap in the continuity of
the service if the respondent is
later exonerated of the charge/s
against him.
PENALTY OF REPRIMAND / CENSURE

o Shall not carry with it any of

the accessory penalties.
o Shall not result in the
temporary cessation of work.

o A warning or admonition shall not

be considered a penalty.
ACTIVITY : CASE ANALYSIS
CASE 1
Mr. A and B are both teachers of a
CDE National High School. Mr. A
filed a complaint against Mr. B for
failure to pay an agreed wager of
P1000.00 on who will win in the
NBA Game. Is the complaint a
grievance complaint or an
administrative complaint?
 CASE 2
Z filed an administrative complaint
against Teacher Y. Z alleged that Y
and her husband are having an
illicit affair. Teacher Y claimed that
the relationship between her and
Z’s husband already ended prior to
her being a public school teacher.
What is the administrative liability
of Teacher Y?
 CASE 3
Mr. F has a pending
administrative complaint
before the Formal
Investigation Committee.
Can Mr. F file for
retirement? Why?
 CASE 4
Mr. G filed his resignation
while he has a pending
preliminary investigation
before the Legal Unit.
What are the effect/s of
his resignation?
 CASE 5
Principal M was among the most
qualified applicants for the
position of District-in-Charge in
NOP District. To his dismay,
Principal Q was appointed.
Principal M contested the
appointment of Principal Q. Will
the contest prosper? Why?
 CASE 6
Miss H had a child from a
previous relationship prior to
her appointment as Teacher I in
IJK Elementary School. Her co-
teacher, Mrs. L filed an
administrative complaint
against her for immorality prior
to entry to government. Will the
complaint prosper?
 THANK YOU
BE SAFE AND STAY
SAFE!
JAKOB 0945 592 7038
KIM 0975 227 4536