Employee Discipline: Finance and Administration Manual

Manual Title: Document No.
Page No:
Finance and Administration Manual FAM 4.11 ____ of 17
Version No. Revision No.
Document Title: 0 0
Effectivity Date:
Employee Discipline March 9, 2020
Moral Governance
System of the
DAB-BARMM
1 OBJECTIVES
.
1.1 To define various offenses and their corresponding remedial actions.
1.2 To identify the disciplinary measures to ensure implementation of the Academy’s rules and
regulations.
1.3 To ensure and enforce compliance at all times with the standards of job performance and
personal behavior.
2 SCOPE
.
This cover identifying disciplinary issues up to turnover to legal for proper administrative sanction.
This applies to all employees of the Academy including contractual and permanent employees.
3 POLICIES
.
3.1. Definition of Terms
3.1.1 Disciplining Authority – refers to the DAB Executive Committee.
3.1.2 Person complained of – refers to the person who is subject of a complaint but who is
not yet issued a notice of charge/s or formal charge by the disciplining authority.
3.1.3 Respondent – refers to the person who is issued a notice of charge/s or formal charge
by the disciplining authority.
3.1.4 Relative and members of the family referred to are those related within the third
degree either of consanguinity or of affinity.
3.1.5 Preventive Suspension – is not a penalty. It is designed merely as a measure of

precaution so that the official or employee charged may be removed from the scene
of his/her alleged misfeasance/malfeasance/nonfeasance while the same thing is
being investigated.
3.1.6 Gift refers to a thing or a right disposed of gratuitously, or any act of liberality in
favor of another who accepts it, and shall include a simulated sale or an onerous
disposition thereof.
3.1.7 Loan covers simple loan and commodatum as well as guarantees, financing
arrangement or accommodation intended to ensure its commodatum refers to a
contract whereby one of the parties delivers to another something not consumable so
that the latter may use the same for a certain time and return it.
3.1.8 The term “debts” shall apply onto: Claims adjudicated by a court of law, or Claims the
existence and justness of which are admitted by the debtor.
Copyright 2020 Development Academy of the Bangsamoro. All rights reserved. This document may contain propriety information and may only be released to third
parties with approval of the President. Document is uncontrolled unless otherwise marked; uncontrolled documents are not subject to update information.
Manual Title: Document No. Page No:
0 0
Document Title: Effectivity Date:
Moral Governance
System of the
DAB-BARMM
3.2 No officer or employee of the agency shall be suspended or dismissed except for cause as
provided by Civil Service Commission, law and after due process.
The following shall be grounds for disciplinary action:
3.2.1 Dishonesty;
3.2.2 Oppression;
3.2.3 Neglect of duty;
3.2.4 Misconduct;
3.2.5 Disgraceful and immoral conduct;
3.2.6 Being notoriously undesirable;
3.2.7 Discourtesy in the course of official duties;
3.2.8 Inefficiency and incompetence in the performance of official duties;
3.2.9 Receiving for personal use of a fee, gift or other valuable thing in the course of official
duties or in connection there with when such fee, gift, or other valuable thing is given
by any person in the hope or expectation of receiving a favor or better treatment
than that accorded other person, or committing acts punishable under anti-graft
laws;
3.2.10 Conviction of a crime involving moral turpitude;
3.2.11 Improper or unauthorized solicitation of contributions from subordinate employees;
3.2.12 Falsification of official document;
3.2.13 Frequent unauthorized absences or tardiness in reporting for duty, loafing or

frequent unauthorized absence from duty during regular office hours;
3.2.14 Habitual drunkenness;
3.2.15 Gambling prohibited by law;
3.2.16 Refusal to perform official duty or render overtime service;
3.2.17 Disgraceful, immoral or dishonest conduct prior to entering the service;
3.2.18 Physical or mental incapacity or disability due to immoral or vicious habits;
3.2.19 Borrowing money by superior officers from subordinates or lending by subordinates

to superior officers;
0 0
Moral Governance
System of the
DAB-BARMM
3.2.20 Lending money at usurious rates of interest;
3.2.21 Willful failure to pay just debts or willful failure to pay taxes due to the government;
3.2.22 Contracting loans of money or other property from persons with whom the office or
the employee concerned has business relations;
3.2.23 Pursuit of private business, vocation or profession without the permission required
by agency;
3.2.24 Insubordinations;
3.2.25 Violating the prescribed Dress Code;
3.2.26 Engaging directly or indirectly in partisan political activities by one holding a non-
political office;
3.2.27 Conduct prejudicial to the best interest of the service;
3.2.28 Lobbying for personal interest or gain in legislative halls or offices without authority;
3.2.29 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;
3.2.30 Nepotism or “Padrino/Palakasan System”;
3.2.31 Office and employees who have incurred tardiness and undertime regardless of the
number of minutes per day, ten (10) times a month for at least two (2) consecutive
months during the year or for at least two (2) months in a semester shall be subject
to disciplinary action in reference to CSC MC No. 23 1998.
3.2.32 Sexual harassment cases shall be primarily governed by the Administrative Rules on
Sexual Harassment Cases with CSC Resolution No. 01-0940 dated May 21, 2001.
3.3 Grounds for Disciplinary Action in accordance with Rules Implementing the Code of Conduct
and Ethical Standards for Public Official and Employees as per Republic Act. No. 6713.
3.3.1 Directly or indirectly having financial and material interest in any transaction
requiring the approval of his office. Financial and material interest is defined as a
pecuniary or proprietary interest by which a person will gain or lose something;
3.3.2 Owning, controlling, managing or accepting employment as officer, employee,

consultant, counsel, broker, agent, trustee, or nominee in any private enterprise,
supervised or licensed by his office, unless expressly allowed by law,
3.3.3 Engaging in the private practice of his profession unless authorized by the
0 0
Moral Governance
System of the
DAB-BARMM
Constitution, law or regulation, provided that such practice will not conflict or tend to
conflict with his official functions;
3.3.4 Recommending any person 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 law, or international agreements, commitment and
obligation, or as part of the functions of his office; these acts shall continue to be
prohibited for period of one (1) year after resignation, retirement, or separation from
public office, except in the case of paragraph above, but the professional concerned
cannot practice his profession in connection with any matter before the office he
used to be with, within one year after such resignation, retirement, or separation,
provided that any, violation hereof shall be a ground for administrative disciplinary
action upon re-entry to the government service;
3.3.5 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;
3.3.6 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 functions 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.
3.3.7 This prohibition shall not include:
3.3.7.1 Unsolicited gift of nominal or insignificant value not given in anticipation of,
or in exchange for, a favor from a public official or employee or given after
the transaction is completed, or service is rendered. As to what is a gift of
nominal value will depend on the circumstances of each case taking into
account the salary of the official or employee, the frequency or infrequency
of the giving, the expectation of benefits, and other similar factors.
3.3.7.2 A gift from a member of his family or relative as defined in the Code on the
occasion of a family celebration, and without any expectation of pecuniary
gain or benefits, and other similar factors.
3.3.7.3 Nominal donations from persons with no regular, pending, or expected

transactions with the department, office or agency with which the official or
employee is connected, and without any expectation of pecuniary gain or
benefits.
3.3.7.4 Donations coming from private organizations whether local or foreign,

which are considered and accepted as humanitarian and altruistic in
purpose and mission.
0 0
Moral Governance
System of the
DAB-BARMM
3.3.7.5 Donations from government to government entities.
3.3.8 As to gift or grants from foreign governments, the Congress consents to:
3.3.8.1 The acceptance and retention by employee of a gift of nominal value

tendered and received as a souvenir or mark of courtesy;
3.3.8.2 The acceptance by a public official or employee of a gift in the nature of a

scholarship or fellowship grant or medical treatment; or
3.3.8.3 The acceptance by a public official or employee of travel grant or expense

for travel taking place entirely outside the Philippines (such as allowances,
transportation, food and lodging) of more than nominal value if such
acceptance is appropriate or consistent with interest of the Philippines, and
permitted or consistent with the interest of the Philippines, and permitted
by the head of office, branch, or agency to which he belongs;
3.3.8.4 Obtaining or using any statement filed under the Code for any purpose
contrary to morals or public policy or any commercial purpose other than
by news and communications media for dissemination to the general public;
3.3.8.5 Unfair discrimination in rendering public service due to party affiliation or

preference;
3.3.8.6 Disloyalty to the Bangsamoro Autonomous Region in Muslim Mindanao and

to the Bangsamoro people;
3.3.8.7 Failure to act promptly on letters and request within fifteen (15) days from
receipt, except as otherwise provided in these Rules.
3.3.8.8 Failure to process documents and complete action on documents and

papers within a reasonable time from preparation thereof, except as
otherwise provided in these Rules;
3.3.8.9 Failure to attend to anyone who wants to avail himself of the services of the
office, or to act promptly and expeditiously on public personal transaction;
3.3.8.10 Failure to file a sworn statement of assets, liabilities and net worth, and
disclosure of business interests and financial connections; and
3.3.8.11 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 shareholdings or interests in
private business enterprises 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 interests
within the periods here-in above provided, reckoned from the date when
0 0
Moral Governance
System of the
DAB-BARMM
the conflict of interest had arisen.
3.4 The following grave offense shall be punishable by dismissal from service:
3.4.1 Serious dishonesty;
3.4.2 Gross neglect of duty;
3.4.3 Grave misconduct;
3.4.4 Being notoriously undesirable;
3.4.5 Conviction of a crime involving moral turpitude;
3.4.6 Falsification of official document;
3.4.7 Physical or mental incapacity or disability due to immoral or vicious habits;
3.4.8 Nepotism or “Padrino/Palakasan System”;
3.4.9 Receiving for personal duties or in connection therewith when such fee, gift or other
valuable things is given by any person in the hope or expectation of receiving a favor
or better treatment than that accorded to other persons, or committing acts
punishment under the anti-graft laws;
3.4.10 Contracting loans of money or other property from persons with whom the office of
the employee has business relations;
3.4.11 Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment,
loan or anything of monetary value which in the course of his/her official duties or in
connection on with any opera on being regulated by, or any transaction which may
be affected by the functions of his/her 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; and
3.4.12 Disloyalty to the Bangsamoro Autonomous Region in Muslim Mindanao and to the
Bangsamoro people.
3.5 The following grave offenses shall be 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:
3.5.1 Less serious dishonesty;
3.5.2 Oppression;
3.5.3 Disgraceful and immoral conduct;
0 0
Moral Governance
System of the
DAB-BARMM
3.5.4 Inefficiency and incompetence in the performance of official duties;
3.5.5 Frequent unauthorized absences, or tardiness in reporting for duty from duty during
regular office hours;
3.5.6 Refusal to perform social duty;
3.5.7 Gross insubordination;
3.5.8 Conduct prejudicial to the best interest of the service;
3.5.9 Directly or indirectly having financial and material interest in any transaction
requiring the approval of his/her office. Financial and material interest is de ned as
pecuniary or propriety interest by which a person will gain or lose something;
3.5.10 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/her office, unless expressly allowed by law;
3.5.11 Disclosing or misusing con deal or classified information officially known to him/her
by reason of his/her office and not made available to the public, to further his/her
private interest or give undue advantage to anyone, or to prejudice the public
interest;
3.5.12 Obtaining or using any statement led under the Code of Conduct and Ethical
Standards for Public Officials and Employees for any purpose contrary to morals or
public or any commercial purpose other than by news and communications media
for dissemination to the general public; and
3.5.13 Recommending any person to any position in a private enterprise which has a
regular or pending official transaction with his/her office, unless such
recommendation or referral is mandated by law, or international agreements,
commitment and obligation, or as part of the function of his/her office.
3.6 The following less-grave offenses are punishable by suspension of one (1) month and one (1)
day suspension to six (6) months for the first offense:
3.6.1 Simple Neglect of Duty;
3.6.2 Simple Misconduct;
3.6.3 Discourtesy in the course of official duties;
3.6.4 Violation of existing Civil Service Law and rules of serious nature;
3.6.5 Insubordination;
3.6.6 Habitual Drunkenness;
0 0
Moral Governance
System of the
DAB-BARMM
3.6.7 Unfair discrimination in rendering public service due to party preference;
3.6.8 Failure to file sworn statements of assets, liabilities and net worth, and disclosure of
business interest and financial connections including those of their spouse and
unmarried children under eighteen (18) years of age living in their households;
3.6.9 Failure to resign from his/her position in the private business enterprise within
thirty (30) days from assumption to public office when conflict of interest arises,
and/or failure to divest himself/herself of his/her shareholders or interest in private
business enterprise within sixty (60) days from assumption of public office when
conflict of interest arises; Provided, however, that for those who are already in the
service and conflict of interest arises, the official or employee must either resign or
divest himself/herself of said interest within the periods hereinabove provided,
reckoned from the date when the conflict of interest had arisen; and
3.6.10 Engaging directly or indirectly in par san political activities by one holding non-
political office.
3.7 The following light offenses are 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:
3.7.1 Simple discourtesy in the course of official duties;
3.7.2 Improper or unauthorized solicitation of contributions from subordinate employees

and by personnel and officers from DAB program participants;
3.7.3 Viola on of reasonable office rules and regulations;
3.7.4 Frequent unauthorized tardiness (Habitual Tardiness);
3.7.5 Gambling prohibited by law;
3.7.6 Refusal to render over me service;
3.7.7 Disgraceful money by superior officer from subordinates;
3.7.8 Borrowing money by superior officer form subordinates;
3.7.9 Willful failure to pay just debts or willful failure to pay taxes due to the government;
3.7.10 Lobbying for personal interest or gain in legislative halls and offices without
authority;
3.7.11 Promoting the sale of tickets in behalf of private enterprises that are not intended for
charitable or public welfare purposes and even in the later cases, if there is no prior
authority;
0 0
Moral Governance
System of the
DAB-BARMM
3.7.12 Failure to act promptly on letters and request within fifteen (15) working days from
receipt, except as otherwise provided in the rules implementing the Code of Conduct
and Ethical Standards for Public Official and Employees;
3.7.13 Failure to process documents and complete ac on documents and papers within a
reasonable me from preparation thereof, except as otherwise provided in the rules
implementing to Code of Conduct and Ethical Standards for Public Official and
Employees;
3.7.14 Failure to attend to anyone who wants to avail himself/herself of the services of the
office, or act promptly and expeditious on public transaction;
3.7.15 Engaging in private practice of/his profession unless authorized by the Constitution,
law or regulation, provided that such practice will not conflict with his/her official
functions; and
3.7.16 Pursuit of private business, vocation or profession without the permission without
the permission required by Civil Service rules and regulation.
3.8 Absence Without Approved Leave
3.8.1 An officer employee is continuously absent without official leave (AWOL) for at least
thirty (30) working days shall be separated from the service or dropped from the
rolls without prior notice. He/she shall, however, be informed of his/her separation
not later than five (5) days from its effectivity which shall be sent to the address
appearing on his/her 201 less or to his/her last known address.
3.8.2 If the number of unauthorized absence incurred is less than thirty (30) working days,
a written Return-to-Work order shall be served on the employee at his/her last
known address on record. Failure on his/her part to work within the period stated in
the order shall be a valid ground to drop him/her from the rolls.
3.8.3 If it is clear under the obtaining circumstances that the employee concerned, has
established a scheme to circumvent the rule by incurring substantial absence though
less than thirty (30) working days, such that a pattern is already apparent, dropping
from the rolls without notice may likewise be justified.
3.8.4 Frequent unauthorized absences, loafing, or frequent unauthorized absences from

duty during regular office hours.
3.8.4.1 1st offense – Suspension for (6) months and (1) day to one year
3.8.4.2 2nd offense – Dismissal
3.8.5 An officer or employee in the civil service shall be considered habitually absent if he
incurs unauthorized absence 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
0 0
Moral Governance
System of the
DAB-BARMM
consecutive months during the year. In case of claim of ill-health, heads of

departments or agencies are encouraged to verify the validity of such claim and, if
not satisfied with the reasons 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.
3.9 Violation of reasonable office rules and regulations which shall include Habitual Tardiness
3.9.1 Offenses and sanctions:
3.9.1.1 1st offense – Reprimand
3.9.1.2 2nd offense – Suspension for one (1) day thirty (3) days
3.9.1.3 3rd offense – Dismissal
3.9.2 Any employees shall be considered habitually tardy if he 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 (2) consecutive months during the year.
3.9.3 Officers and employees who have incurred tardiness and undertime, regardless of
the number of minutes per day, ten (10) times a month for at least (2) consecutive
months during the year or for at least two (2) months in semester shall be subject to
disciplinary action. CSC MC No.23, 1998.
3.10 Unsatisfactory of Poor Performance
3.10.1 An employee who is given two (2) consecutive unsatisfactory ratings may be
dropped from the rolls due to notice. Notice shall mean that the officer or employee
concerned is informed in writing of his/her unsatisfactory performance for a
semester and is sufficiently warned that a succeeding unsatisfactory performance
shall warrant his/her separation from the service. Such notice shall be given not later
than thirty (30) days from the end of the semester and shall contain sufficient
information which shall enable the employee to prepare an explanation.
3.10.2 An employee, who for one evaluation period is rated poor in performance, may be
dropped from the roles due to notice. Due notice shall mean that the officer or
employee is informed in writing of the status of his/her performance not later than
the fourth (4th) month of that rating period with sufficient warding that failure to
improve his/her performance within the remaining period of the semester shall
warrant his/her separation from the service. Such notice shall also contain sufficient
information which shall enable the official or employee to prepare an explanation.
3.11 Physically Unfit
3.11.1 An Officer or employee who is continuously absent for more than one (1) year by
reason of illness may be declared physically unfit to perform his/her duties and the
head of office in exercise of his/her sound judgment may consequently drop him/her
0 0
Moral Governance
System of the
DAB-BARMM
from the rolls.
3.11.2 An Officer or employee who is absent by reason of illness for at least two hundred
sixty (260) working days during a twenty-four (24) – month period may also be
declare physical unfit by the Head of Agency/Director.
3.11.3 An officer or employee who is behaving abnormally and manifests continuing mental
disorder and incapacity to work as reported by his/her co-workers or immediate
supervisor and confirmed by a competent physician, may likewise be dropped from
the rolls.
3.11.4 For the purpose of the three (3) preceding paragraphs, notice shall be given to the
officer or employee concerned containing a brief statement of the nature of his/her
incapacity to work.
3.12 Except when initiated by the discipling authority, no complaint against a civil service
employee shall be given due course unless the same is in writing and subscribed and sworn
to by the complainant.
3.13 In meeting out punishment, the same penalties shall be imposed for similar offenses and
only one penalty shall be imposed in each case. The disciplining authority may impose the
penalty of removal from the service, demotion in rank, suspension for not more than one
year without pay, fine in an amount not exceeding six months ‘salary, or reprimand.
3.14 Disciplinary cases – Complaint
3.14.1 Who May Initiate – Administrative proceedings may be initiated by the disciplining
authority motu proprio or upon complaint of any other person.
3.14.2 Requisites of a valid Complaint – Except when initiated by the disciplining authority
or his/her authorized representative, no complaint against a civil service official or
employee shall be given due course unless the same is in writing, subscribed and
sworn to by the complainant. In cases initiated by the proper disciplining authority
or his/her authorized representative, a show causes order is sufficient.
3.14.3 No anonymous complaint shall be entertained unless there is obvious truth or merit
to the allegations therein or supported by documentary or direct evidence, in which
case the person complained of may be required to comment. The complaint in
triplicate copies shall be written in a clear, simple and concise language and in a
systematic manner as to apprise the person complained of, of the nature and cause of
the accusation against him/her and to enable him/her to intelligently prepare
his/her defense or answer/comment. However, should there be more than one (1)
person complained of, the complainant is required to submit additional copies
corresponding to the number of persons complained of.
3.14.4 The complaint shall contain the following:
3.14.4.1 Full name and address of the complainant;
0 0
Moral Governance
System of the
DAB-BARMM
3.14.4.2 Full name and address of the person/s complained of as well as

his/her/their position/s and office/s;
3.14.4.3 A narration of the relevant and material facts which shows the act or
omissions allegedly committed;
3.14.4.4 Certified true copies of documentary evidence and affidavits of his/her
witnesses, if any; and
3.14.4.5 Certification or statement of non-forum shopping.
3.14.5 The absence of any of the aforementioned requirements may cause the dismissal of
the complaint.
3.14.6 When and Where to File a Complaint. – Except when otherwise provided for by law,
an administrative complaint may be filed at any time with the Commission or any of
its Regional Offices, heads of departments, agencies.
3.14.7 Withdrawal of the Complaint – The withdrawal of the complaint does not result in its
outright dismissal nor discharge the person complained of from any administrative
liability. Where there is obvious truth or merit to the allegation in the complaint or
where there is documentary evidence that would tend to provide the guild of the
person/s complained of, the same should be given due course.
3.14.8 Act on the Complaint – upon receipt of a complaint which is sufficient in form and
substance, the disciplining authority shall require the person/s complained of to
submit a counter-Affidavit/Comment under oath within three (3) days from receipt
of order requiring him/her/their comment/s.
3.14.9 Preliminary Investigation – A Preliminary Investigation is a proceeding undertaken

to determine whether a prima facie case exist to warrant the issuance of a formal
charge. It involves a fact-finding investigation or an ex-parte examination of records
and documents submitted by the complainant and the person/s complained of, as
well as documents readily available from other government offices.
3.14.10Investigation Report – Within five (5) days from the termination of the preliminary
investigation, the investigating officer shall submit the Investigation Report with
recommendation and complete records of the case to the disciplining authority.
3.15 Penalty
3.15.1 The payment of penalty or fine in lieu of suspension shall be available in Grave, Less
Grave and Light Offenses where the penalty imposed is for six (6) months or less at
the ratio of one (1) day of suspension from the service to one (1) day fine; Provided,
that in Grave Offenses where the penalty imposed is six (6) months and one (1) day
suspension in view of the presence of mitigating circumstance, the conversion shall
only apply to the suspension of six (6) months. Nonetheless, the remaining one (1)
days suspension is deemed included therein.
3.15.2 The maximum period to pay the fine shall not exceed one (1) year from the time the
decision/resolution becomes final and executory. The conversion of suspension into
0 0
Moral Governance
System of the
DAB-BARMM
fine is final and executory and, therefore, not subject of appeal or any other similar
relief.
3.15.3 The failure of the respondent to pay the fine or part thereof shall cause the reversion
to the original penalty of suspension imposed, irrespective of the amount he/she has
already paid.
3.15.4 Fine may be paid in equal monthly instalments subject to the following schedule of
payment prescribed below:
3.15.4.1 Fine equivalent to one (1) month salary shall be paid within two (2)
months;
3.15.4.2 Fine equivalent to two (2) months salary shall be paid within four (4)
months;
3.15.4.3 Fine equivalent to three (3) months salary shall be paid within six (6)
months;
3.15.4.4 Fine equivalent to four (4) months salary shall be paid within six (8)
months;
3.15.4.5 Fine equivalent to five (5) months salary shall be paid within six (10)
months;
3.15.4.6 Fine equivalent to three (6) months salary shall be paid within six (6)
months;
3.15.5 The net shall be paid to the agency imposing the same, computed on the basis of
respondent’s salary at the time the decision becomes final and executory.
3.16 Jurisdiction of Head of Agency/Director – Head of Agency/Director shall have original

concurrent jurisdiction with the Commission over their respective officers and employees.
They shall take cognizance of complaints involving their respective personnel. Their
decisions shall be final in case the penalty imposed is suspension for not more than thirty
(30) days or in an amount not exceeding thirty (30) days salary. In case the decision
rendered by a bureau is appealable to the Commission, the same may be initially appealed to
the department to the Commission and pending appeal, the same shall be executory except
when the penalty is removal, in which case the same shall be executory only after
confirmation by the Head of the Agency/Director concerned.
3.16.1 An investigation may be entrusted to regional director or similar officials who shall
make the necessary report and recommendation to the chief of bureau within the
period specified.
3.16.2 An appeal shall not stop the decision from being executory, and in case the penalty is
suspension or removal, the respondent shall be considered as having been under
preventive suspension during the pendency of the appeal in the event he wins an
appeal.
3.17 Procedures in Administrative Cases Against Non-Presidential Appointees
3.17.1 Administrative proceedings may be commenced against a subordinate officer or
0 0
Moral Governance
System of the
DAB-BARMM
employee by the Secretary or head of office of equivalent rank, or head of local

government, or chief of agencies, or regional directors, or upon sworn, written
complaint of any other person.
3.17.2 In the case of a complaint filed by any other persons, the complainant shall submit
sworn statements covering his testimony and those of his witnesses together with his
documentary evidence. If on the basis of such papers a prima facie case is found not
to exist, the disciplining authority shall dismiss the case. If a prima facie case exists,
he shall notify the respondent in writing, of the charges against the latter, to which
shall be attached copies of the complaint, sworn statements and other documents
submitted, and the respondent shall be allowed not less than seventy-two hours after
receipt of the complaint to answer the charges in writing under oath, together with
supporting sworn statements and documents, in which he shall indicate whether or
not he elects a formal investigation if his answer is not considered satisfactory. If the
answer is found satisfactory, the discipling authority shall dismiss the case.
3.17.3 Although a respondent does not request a formal investigation, one shall
nevertheless be conducted when from the allegations of the complaint and the
answer of the respondent, including the supporting documents, the merits if the case
cannot be decided judiciously without conducting such an investigation.
3.17.4 The investigation shall be held not earlier than five days nor later than ten days from
the date of receipt of respondent’s answer by the disciplining authority, and shall
finished within thirty days from the filing of the charges, unless the period is
extended by the Commission in meritorious cases. The decision shall be rendered by
the disciplining authority within thirty days from termination of the investigation or
submission of the report of the investigator, which report shall be submitted within
fifteen days from the conclusion of the investigation.
3.17.5 The direct evidence for the complainant and the respondent shall consist of the
sworn statement and documents submitted in support of the complaint or answer, as
the case may be, without prejudice to the presentation of additional evidence deemed
necessary but was unavailable at the time of the filing of the complaint or answer,
upon which the cross-examination, by respondent and the complainant, respectively,
shall be based. Following cross-examination, there may be redirect and re-cross
examination.
3.17.6 Either party may avail himself of the services of counsel and may require the
attendance of witnesses and the production of documentary evidence in his favor
through the compulsory process of subpoena or subpoena duces tecum.
3.17.7 The investigation shall be conducted only for the purpose of ascertaining the truth
and without necessarily adhering to technical rules applicable authority concerned
or his authorized representative.
3.18 Appeals
3.18.1 Appeals, where allowable, shall be made by the party adversely affected by the
0 0
Moral Governance
System of the
DAB-BARMM
decision within fifteen days from receipt of the decision unless a petition for
reconsideration is seasonable filed, which petition shall be decided within fifteen
days. Notice of the appeal shall be filed with the disciplining office, which shall
forward the records of the case, together with the notice of appeal, to the appellate
authority within fifteen days from filing of the notice of appeal, with its comment, if
any. The notice of appeal shall specifically state the date of the decision appealed
from and the date of receipt thereof. It shall also specifically set forth clearly the
grounds relied upon for expecting the decision.
3.18.2 A petition for reconsideration shall be based only on any of the following grounds:
(a) new evidence has been discovered which materially affects the decision
rendered; (b) the decision is not supported by the evidence on record; or (c) errors of
law or irregularities have been committed which are prejudicial to the interest of the
respondent: Provided, that are prejudicial to the interest of the respondent:
Provided, that only one petition for reconsideration shall be entertained.
3.19 Summary Proceedings.
3.19.1 No formal investigation is necessary and the respondent may be immediately

removed or dismissed if any of the following circumstances is present:
3.19.1.1 When the charge is serious and the evidence of guilt is strong;
3.19.1.2 When the respondent is a recidivist or has been repeatedly charge and
there is reasonable ground to believe that he is guilty of the present
charge; and
3.19.1.3 When the respondent is notoriously undesirable.
3.19.2 Resort to summary proceedings by the disciplining authority shall be done with
utmost objectivity and impartiality to the end that no injustice is committed:
Provided, that removal or dismissal except those by the President, himself or upon
his order, may be appealed to the Commission.
3.20 Preventive Suspension
3.20.1 The proper disciplining authority may preventively suspend any subordinate officer
or employee under his authority pending an investigation, if the charge against such
officer or employee involves dishonesty, oppression or grave misconduct, or neglect
in the performance of duty, or if there are reasons to believe that the respondent is
guilty of chargers which would warrant his removal from the service.
3.21 Lifting of Preventive Suspension Pending Administrative Investigation
3.21.1 When the administrative case against the officer or employee under preventive
suspension is not finally decided by the disciplining authority within the period of
ninety (90) days after the date of suspension of the respondent who is not a
presidential appointee, the respondent shall be automatically reinstated in the
0 0
Moral Governance
System of the
DAB-BARMM
service: Provided, That when the delay in the disposition of the case is due to the
fault, negligence or petition of the respondent, the period of delay shall not be
counted in computing the period of suspension herein provided.
3.22 Removal of Administrative Penalties or Disabilities
3.22.1 In meritorious cases and upon recommendation of the Commission, the President
may commute or remove administrative penalties or disabilities imposed upon
officers or employees in disciplinary cases, subject to such terms and conditions as he
may impose in the interest of the service.
4 PROCEDURES
.
Responsibility Activity
HRMO 1. Advises HRM Assistant to conduct the employee who

had been absent without an approved leave for at least
five (5) working days.
2. Prepares the letter that advises the employee to report

HRM Assistant within five (5) days on the date of the letter, otherwise,
he/she will be dropped from the rolls. Submits to
HRMO for review.
3. Reviews the letter and initials. If correct, release to FAD

HRMO Chief. If not, returns to HRM Assistant.
4. Upon receipt from FAD Chief, submits to President of

HRM Assistant the Academy for signature.
5. Forwards the signed letter to Record Management

Officer for transmittal to the employee concerned
6. Receives the answer from employee concerned through

HRMO letter or personnel appearance. Explains why she/he
was absent without approved leave.
7. Submits to FAD Chief the letter. Prepares a

HRM Assistant Memorandum, for recommending approval if the
reason of his absences is valid. If not, a reprimand for
violating the Academy’s rules and regulations
regulation on leave laws and warned that a repetition of
same violation will mean a more drastic disciplinary
action and submits to the President of the Academy for
Approval.
Document Title: 0 0
Effectivity Date:
Moral Governance
System of the
DAB-BARMM
8. Upon Receipt of signed Memorandum submits to

Record Management Unit for transmittal or receipt
from the employee concerned.
5 LIST OF FORMS AND REPORTS

.
5.1. Forms
None
5.2. Reports
None

Employee Discipline: Finance and Administration Manual

Uploaded by

Copyright:

Available Formats

You might also like

Employee Discipline: Finance and Administration Manual

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Employee Discipline: Finance and Administration Manual

Uploaded by

Copyright:

Available Formats

Manual Title: Document No.

3.1.1 Disciplining Authority – refers to the DAB Executive Committee.

3.1.5 Preventive Suspension – is not a penalty. It is designed merely as a measure of

The following shall be grounds for disciplinary action:

3.2.3 Neglect of duty;

3.2.5 Disgraceful and immoral conduct;

3.2.6 Being notoriously undesirable;

3.2.7 Discourtesy in the course of official duties;

3.2.8 Inefficiency and incompetence in the performance of official duties;

3.2.10 Conviction of a crime involving moral turpitude;

3.2.11 Improper or unauthorized solicitation of contributions from subordinate employees;

3.2.12 Falsification of official document;

3.2.13 Frequent unauthorized absences or tardiness in reporting for duty, loafing or

3.2.14 Habitual drunkenness;

3.2.15 Gambling prohibited by law;

3.2.16 Refusal to perform official duty or render overtime service;

3.2.17 Disgraceful, immoral or dishonest conduct prior to entering the service;

3.2.18 Physical or mental incapacity or disability due to immoral or vicious habits;

3.2.19 Borrowing money by superior officers from subordinates or lending by subordinates

3.2.20 Lending money at usurious rates of interest;

3.2.25 Violating the prescribed Dress Code;

3.2.27 Conduct prejudicial to the best interest of the service;

3.2.30 Nepotism or “Padrino/Palakasan System”;

3.3.2 Owning, controlling, managing or accepting employment as officer, employee,

3.3.5 Disclosing or misusing confidential or classified information officially known to him

3.3.7 This prohibition shall not include:

3.3.7.3 Nominal donations from persons with no regular, pending, or expected

3.3.7.4 Donations coming from private organizations whether local or foreign,

3.3.7.5 Donations from government to government entities.

3.3.8.1 The acceptance and retention by employee of a gift of nominal value

3.3.8.2 The acceptance by a public official or employee of a gift in the nature of a

3.3.8.3 The acceptance by a public official or employee of travel grant or expense

3.3.8.5 Unfair discrimination in rendering public service due to party affiliation or

3.3.8.6 Disloyalty to the Bangsamoro Autonomous Region in Muslim Mindanao and

3.3.8.8 Failure to process documents and complete action on documents and

the conflict of interest had arisen.

3.4.1 Serious dishonesty;

3.4.2 Gross neglect of duty;

3.4.3 Grave misconduct;

3.4.4 Being notoriously undesirable;

3.4.5 Conviction of a crime involving moral turpitude;

3.4.6 Falsification of official document;

3.4.7 Physical or mental incapacity or disability due to immoral or vicious habits;

3.4.8 Nepotism or “Padrino/Palakasan System”;

3.5.1 Less serious dishonesty;

3.5.3 Disgraceful and immoral conduct;

3.5.4 Inefficiency and incompetence in the performance of official duties;

3.5.6 Refusal to perform social duty;

3.5.7 Gross insubordination;

3.5.8 Conduct prejudicial to the best interest of the service;

3.5.10 Owning, controlling, managing or accepting employment as officer, employee,

3.6.1 Simple Neglect of Duty;

3.6.2 Simple Misconduct;

3.6.3 Discourtesy in the course of official duties;

3.6.6 Habitual Drunkenness;

3.6.7 Unfair discrimination in rendering public service due to party preference;

3.7.1 Simple discourtesy in the course of official duties;

3.7.2 Improper or unauthorized solicitation of contributions from subordinate employees