Misconduct is “a transgression of some established and definite rule of action,

more particularly, unlawful behavior or gross negligence by a public officer.”

The misconduct is grave if it involves any of the additional elements of
corruption, wilful intent to violate the law or to disregard established rules,
which must be established by substantial evidence.

The penalty imposable for the offense of Grave Misconduct is dismissal from
the service. Moreover, the penalty of dismissal from the service carry with it
cancellation of eligibility, forfeiture of retirement benefits, perpetual
disqualification from holding public office and bar from taking the civil service
examinations.

Immoral conduct means conduct that is willful, flagrant or shameless, and

which shows a moral indifference to the opinion of the good and respectable
members of the community. The same 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

Grave misconduct is defined as the transgression of some established and

definite rule of action, more particularly, unlawful behavior or gross
negligence by a public officer coupled with the elements of corruption, willful
intent to violate the law or to disregard established rules. Corruption, as an
element of grave misconduct, consists in the official or employee’s act of
unlawfully or wrongfully using his position to gain benefit for one’s self. Lastly,
conduct prejudicial to the best interest of service deals with a demeanor of a
public officer which “tarnished the image and integrity of his/her public
office.”
GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) and WINSTON F. GARCIA, in his capacity
as President and General Manager of the GSIS,

Vs

ARWIN T. MAYORDOMO,
Respondent.

Jurisprudence has likewise firmly established that the misconduct is grave if it

involves any of the additional elements of corruption, willful intent to violate
the law or to disregard established rules, which must be proved by substantial
evidence.