Briones R. N. (Aministrative Proceedings and Diciplinary Actions)

Seminar in Administrative Thought
Applied To Education
Administrative Proceedings
and Disciplinary actions
Richard N. Briones, MAGC, RGC
July 25, 2022
> Ignorance of the law excuses no one.
> In order for us to know our rights and
responsibilities as public servants.
Agenda > To help us perform our work become
better as school administrators, discipline
being part of the control functions of
management.
> To be able to know and apply the rules
when we are the aggrieved or complained
party.
Administrative Proceedings and Disciplinary Actions
7/25/2022 2
Richard N. Briones, MAGC, RGC (July 25, 2022)
Clarifications on Terminologies
• Administrative proceeding
An administrative proceeding is a non-judicial determination of fault or wrongdoing and
may include, in some cases, penalties of various forms. They are typically conducted by
government or military institutions. Usually, they're carried out by a government body.
• Judicial proceedings
Judicial proceedings means the proceedings of a court, or a judge thereof conducted in a
courtroom, or any other facility being used as a courtroom. judicial proceedings
means any trial, pre-trial hearings, post-trial hearings and appellate arguments.
• Disciplinary action
Refers to a reprimand or corrective action in response to employee misconduct, rule
violation, or poor performance. Depending on the severity of the case, a disciplinary
action can take different forms, including A verbal warning. A written warning. A poor
performance review or evaluation.

7/25/2022 3
Clarifications on Terminologies
• Administration action
Administrative Action means any judicial decision or any official administrative
pronouncement, ruling, regulatory procedure, notice or announcement including any
notice or announcement of intent to issue or adopt any administrative pronouncement,
ruling, regulatory procedure or regulation.
• Administrative cases in the Philippines
Administrative case is a case between state authority on the one side and a person from
the other. Administrative cases are governed by Administrative procedure and differs
comparing to civil procedure. Procedures of administrative cases differ depending on the
type of national legal system.

7/25/2022 4
PRIMARY BASIS OF ACCOUNTABILITY OF
PUBLIC OFFICERS AND EMPLOYEES
• The 1987 Constitution provides that “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”.

7/25/2022 5
ROLES RESPONSIBILITIES AND ACCOUNTABILITIES
OF SCHOOL HEADS AS PER R.A. 9155
Republic Act 9155 also known as Governance of Basic Education Act

provides that a school must be managed by a school head who has “the
authority, responsibility and accountability for achieving higher learning
outcomes.” The School Administrator’s roles include, but not limited to,
leadership, management, teacher evaluation, and enforcing student
discipline.
The assumption behind school level decision making is that reducing

bureaucratic will encourage principals, teachers, and parents to exert
greater initiative in meeting the needs of students and the community.

7/25/2022 6
LAWS, RULES, AND OTHER LEGAL BASES DEALING WITH
ADMINISTRATIVE DISCIPLINARY ACTIONS AGAINST
GOVERNMENT OFFICERS AND EMPLOYEES
1. XI, 1987 Constitution (Public Accountability)
2. IX, 1987 Constitution (Civil Service)
3. The Revised Administrative Code of 1987 (E.O. No. 292)
Administrative 4. Administrative Order No 07 Pursuant to RA No. 6770
discipline against 5. The Ombudsman Act (R.A. No. 6770)
public officers and/or 6. Code of Ethical Standards for Public Officials and Employees (R.A. No. 6713)
employees are
7. Revised Rules on Administrative Cases in the Civil Service (CSC Resolution No. 1101502)
primarily governed
by the following: 8. CSC MC No 17, s 2010 Policy on Half Day Absence
9. Administrative Disciplinary Rules on Sexual Harassment Cases (CSC Resolution No. 01-
0940)
10. DepEd Order No. 49, s 2006
11.Other Civil Service Commission Resolutions
12.Supreme Court Decisions
13.Other laws dealing with administrative discipline.

7/25/2022 7
CHARACTERISTICS OF ADMINISTRATIVE
DISCIPLINARY PROCEEDINGS
• Administrative offenses do not prescribe.

G.R. No. 167982 August 13, 2008
OFFICE OF THE OMBUDSMAN, petitioner,
vs.
MERCEDITAS DE SAHAGUN, MANUELA T. WAQUIZ and RAIDIS J. BASSIG, respondent.*

7/25/2022 8
The Court rules in favor of the petitioner.
The issues in the present case are settled by precedents.
On the first issue, well-entrenched is the rule that administrative

offenses do not prescribe.12 Administrative offenses by their very nature
pertain to the character of public officers and employees. In disciplining
public officers and employees, the object sought is not the punishment
of the officer or employee but the improvement of the public service and
the preservation of the public’s faith and confidence in our
government.13
7/25/2022 9
CHARACTERISTICS OF ADMINISTRATIVE
DISCIPLINARY PROCEEDINGS
• Administrative cases are generally not subject to settlement, except when

the disciplining authority determines that the offense is purely personal
and may be subject to settlement.
• The withdrawal of the complainant is not a ground for the dismissal.
• The complainant is a mere witness to the commission of an administrative
offense; hence, anybody can file an administrative complaint.

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AUTHORITY TO DISPENSE ADMINISTRATIVE
JUSTICE
• Section 1. Disciplining Authority
- Secretary and the Regional Directors in their respective regions.
- Superintendents of Schools - non-teaching personnel in their respective school
divisions
- For disciplinary actions or administrative cases against officers and employees of the
Department of Education at its Central Office
- Against Presidential appointees, namely: Assistant Superintendents,
Superintendents, Assistant Regional Directors, Regional Directors, Assistant
Secretaries and Undersecretaries of Education, the Secretary shall have original and
exclusive jurisdiction.
- Decisions of the Secretary of Education over administrative cases against said
Presidential appointees shall be subject to confirmation, disapproval or modification
by the President of the Philippines.

7/25/2022 11
AUTHORITY TO DISPENSE ADMINISTRATIVE
JUSTICE
• The heads of agencies and instrumentalities that
have concurrent Jurisdiction
• Civil Service Commission
• The Office of the Ombudsman

7/25/2022 12
The Civil Service Commission (CSC), for being the Central
Personnel Agency of the government, has disciplinary
authority to hear and decide the following cases:
1.Decisions of the CSC Regional Offices bought before it on appeal or petition for review;
2.Decisions of heads of agencies imposing penalties exceeding 30 days suspension or fine
in an amount exceeding 30 days salary brought before it on appeal;
3.Complaints brought against CSC personnel;
4.Complaints about officials who are not presidential appointees;
5.Decisions of heads of agencies imposing penalties not exceeding 30 days suspension or
fine equivalent thereto but violating due process;
6.Requests for transfer of venue of hearing on cases being heard by Civil Service
Commission Regional Offices;
7.Appeals from the order of preventive suspension; and
8.Such other actions or requests involving issues arising out of or in connection with the
foregoing enumeration.
7/25/2022 13
STAGES:
Administrative
Disciplinary
Proceeding
Civil Service Commission

7/25/2022 14
STAGES: Administrative Disciplinary Proceeding
PRELIMINARY FORMAL FORMAL

COMPLAINT INVESTIGATION CHARGE INVESTIGATION DECISION
COUNTER-AFFIDAVIT ANSWER
PROCEDURAL FLOW

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Can a complaint be
filed anonymously?
Administrative Proceedings and Disciplinary Actions Richard N. Briones, MAGC, RGC

7/25/2022 (July 25, 2022) 16
The absence of any of the requirements of a
complaint may cause the dismissal of the
complaint without prejudice to its refiling.

7/25/2022 17
• In sexual harassment cases, the complaint shall be filed with the
CODI.
• If filed with the CSC, it shall be remanded to the agency where the
offender is employed.
• CSC may take cognizance if :
a. agency has no CODI
b. disciplining authority is the subject of complaint
c. subject of complaint is a CODI member
d. there is unreasonable delay in complying with the periods
provided in these Rules for more than 30 days without
justification.

7/25/2022 18
Classifications of administrative offenses
• Grave offenses – Punishable by dismissal from the service for the first
offense, or by suspension of 6 months and 1 day to 1 year on the first
offense (and dismissal on the second offense), or by demotion.
• Less Grave offenses – Punishable by suspension of 1 month and 1 day
to 6 months for the first offense (second offense may be punished by
suspension of 6 months and 1 day to 1 year, or dismissal from the
service).
• Light offenses – Punishable by reprimand on the first offense,
suspension of 1 to 30 days for the second offense, and dismissal from
service for the third offense.

7/25/2022 19

PROCEDURAL FLOW

7/25/2022 20
Preliminary Investigation
How Preliminary Investigation is Conducted
 Submission of  Ex parte  Clarificatory

comment/ evaluation of meeting
counter-affidavit records
(also
known as Show
Cause Memorandum)

7/25/2022 21
Investigation Report
✓ Submittedwithin five (5) days from the

termination of the preliminary investigation
✓ Contains a recommendation
✓ Includes the complete records of the case
✓ Must be treated with confidentiality

7/25/2022 22

PROCEDURAL FLOW

7/25/2022 23
➢ Specification of charges
➢ Brief statement of the material/relevant
facts
➢ Certifiedcopies of documentary
Contents of a evidence, if any
Formal ➢ Directive to answer in not less than 3
days but not more than 10 days
Charge
➢ Advice to indicate whether formal
investigation is elected
➢ Notice that he/she may opt to be
assisted by counsel of his/her choice.
Administrative Proceedings and Disciplinary Actions Richard N. Briones, MAGC, RGC (July 25,
7/25/2022 2022) 24
• An administrative disciplinary
case is considered pending
when the disciplining authority
When is an has issued a Formal Charge or
administrative a Notice of Charge to the
respondent
case
pending? • The release of retirement benefits
of a person with
• a pending case shall be governed
by RA 10154.
7/25/2022 2022) 25
•Shall not disqualify
Effect of respondent from:
Pendency of • 1. promotion and other
personnel actions
Admin Case • 2. claiming
maternity/paternity benefits

7/25/2022 (July 25, 2022) 26
• - Not a penalty
• - Preventive/precautionary
Preventive measure
• - Issued simultaneously upon
Suspension service of the formal charge, or
immediately thereafter
• - (90) calendar day period
7/25/2022 2022) 27
Grounds for Preventive Suspension
> There is a Formal Charge/ Notice of Charge
> The charge involves:
▪ a. Serious Dishonesty
▪ b. Oppression
▪ c. Grave Misconduct
▪ d. Gross Neglect of Duty
▪ e. Other offenses punishable by dismissal from the service; or
▪ f. Administrative offense committed on its second or third offense and the penalty
is dismissal from the service; and
▪ g. The respondents is in a position to exert undue influence or pressure on the
witnesses and/or tamper with evidence.

7/25/2022 28

PROCEDURAL FLOW

7/25/2022 29

PROCEDURAL FLOW

7/25/2022 30
Shall the resignation or retirement of the
official/employee bar the institution of an
administrative case against him/her?

7/25/2022 31
The Andutan case
Ombudsman vs. Andutan, Jr. G.R. No. 164679 dated July 27, 2011
Andutan, Dep. Dir. of DOF,

resigned pursuant to the
directive of the Executive
Secretary to all non-career
officials (or those occupying
political positions) to vacate their
positions effective July 1, 1998.
Administrative Proceedings and Disciplinary Actions Richard N.

7/25/2022 Briones, MAGC, RGC (July 25, 2022) 32
September 1, 1999: Andutan was

criminally and administratively
charged in connection with
alleged anomalies in the illegal
transfer of Tax Credit Certificates to
Steel Asia

7/25/2022 33
July 30, 2001:

Ombudsman found Andutan guilty of
Gross Neglect of Duty and imposed the
accessory penalty of forfeiture of all leaves,
retirement and other benefits and
privileges, and perpetual disqualification
from reinstatement and/or reemployment
the government.

7/25/2022 34
ISSUE:
Did Andutan’s resignation deprive the
Ombudsman of its right to institute an
administrative complaint against him?

7/25/2022 35
YES.
“xxx, the Ombudsman can no longer institute
an administrative case against Andutan
because the latter was not a public servant at
the time the case was filed.”

7/25/2022 36
The Largo Case
Largo vs Court of Appeals, et. Al. G.R. No. 177244, November 20, 2007
Largo, after being humiliated by co-employee at a birthday

party, went to the latter’s quarters and shouted invectives.
While conversing with co-employee’s wife, a dog barked.
Frightened, Largo fired two shots, scaring the wife, children and
in-laws of co-employee.

7/25/2022 37
• December 17, 1997: The co-employee filed a complaint against Largo
• January 1, 1998: Largo retired from the government service
• March 19, 1998: Investigation on Largo’s case proceeded
ISSUE:
• Will Largo’s retirement render moot the resolution of the
administrative case against him?

7/25/2022 38
NO.
“The settled rule in this jurisdiction is that cessation from
office by reason of resignation, death, or retirement does
not warrant the dismissal of the administrative case filed
against a public officer while he or she was still in the
service or render the said case academic. The jurisdiction
attaches at the time of the filing of the administrative
complaint and is not lost by the mere fact that respondent
public official had ceased to be in office during the
pendency of his case.”

7/25/2022 39
Administrative
Offenses & Penalties
(Rule 10)
Administrative Proceedings and Disciplinary Actions Richard N. Briones, MAGC,

7/25/2022 RGC (July 25, 2022) 40
Administrative Offenses & Penalties
(Rule 10)
LESS GRAVE
GRAVE OFFENSES OFFENSES LIGHT OFFENSES
• Dismissal Punishable by Punishable by
• Suspension of six suspension of one (1) reprimand for the
(6) months and one month and one (1) first offense;
(1) day to one (1) day suspension to six suspension of one (1)
year for the first (6) months for the
first offense; and to thirty (30) days for
offense and dismissal from the the second offense;
dismissal from the service for the and dismissal from
service for the second offense the service for the
second offense
third offense
Disabilities attached to the
imposable administrative penalties
1.Dismissal from service – Carries with it forfeiture of retirement
benefits, perpetual disqualification from holding public office,
and bar from taking the Civil Service Examination;
2.Demotion – Carries with it disqualification from promotion for
1 year;
3.Suspension – Carries with it disqualification from promotion
corresponding to the period of suspension;
4.Fine – Disqualification from promotion for the period he was
fined.
7/25/2022 42
Payment of Fine
1.Fine equivalent to 1 month salary shall be paid in 2 months;
2.Fine equivalent to 2 months salary shall be paid in 4 months;
6.Fine equivalent to 6 months salary shall be paid in 12 months.

7/25/2022 43
Dropping from the Rolls
• Officers or employees who are either: (1) habitually absent, or (2) have
unsatisfactory or poor performance, or (3) have been shown to be
physically or mentally unfit to perform their duties, may be dropped
from the rolls.
• Failure to return to work despite the return-to-work order shall
constitute a ground to drop him from the rolls.
• For those who are suffering from illness, upon being given notice,
dropping of rolls is justified.
• When an employee behaves abnormally, and manifests continuing
mental disorder and incapacity to work, as reported by his superiors/co-
workers, and confirmed by a competent physician, he may be dropped
from the rolls. Administrative Proceedings and Disciplinary Actions
7/25/2022 44
An illegally dismissed or suspended
employee who is exonerated or
penalty downgraded to reprimand is
entitled to payment of back wages
and other benefits from time of
illegal termination up to
actual reinstatement.
7/25/2022 (July 25, 2022) 45
Thank you
Administrative Proceedings and Disciplinary Actions Richard N. Briones,
7/25/2022 MAGC, RGC (July 25, 2022) 46

Briones R. N. (Aministrative Proceedings and Diciplinary Actions)

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Seminar in Administrative Thought

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions

• The 1987 Constitution provides that “Public office is

Administrative Proceedings and Disciplinary Actions

Republic Act 9155 also known as Governance of Basic Education Act

The assumption behind school level decision making is that reducing

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions

• Administrative offenses do not prescribe.

Administrative Proceedings and Disciplinary Actions

The issues in the present case are settled by precedents.

On the first issue, well-entrenched is the rule that administrative

• Administrative cases are generally not subject to settlement, except when

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions

PRELIMINARY FORMAL FORMAL

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions Richard N. Briones, MAGC, RGC

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions

PRELIMINARY FORMAL FORMAL

Administrative Proceedings and Disciplinary Actions

How Preliminary Investigation is Conducted

 Submission of  Ex parte  Clarificatory

Administrative Proceedings and Disciplinary Actions

✓ Submittedwithin five (5) days from the

Administrative Proceedings and Disciplinary Actions

PRELIMINARY FORMAL FORMAL

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions Richard N. Briones, MAGC, RGC

Administrative Proceedings and Disciplinary Actions

PRELIMINARY FORMAL FORMAL

Administrative Proceedings and Disciplinary Actions

PRELIMINARY FORMAL FORMAL

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions

Andutan, Dep. Dir. of DOF,

Administrative Proceedings and Disciplinary Actions Richard N.

September 1, 1999: Andutan was

Administrative Proceedings and Disciplinary Actions

July 30, 2001:

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions

Largo, after being humiliated by co-employee at a birthday

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions

Administrative Proceedings and Disciplinary Actions Richard N. Briones, MAGC,

Administrative Proceedings and Disciplinary Actions

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