Professional Documents
Culture Documents
Administrative Offenses
Administrative Offenses
Administrative Offenses
THEIR PENALTIES
IN THE DEPARTMENT OF
EDUCATION
ADMINISTRATIVE OFFENSES
Objective:
In disciplining public officers & 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 & confidence in our
government. ( Remolona vs.CSC, G.R. No.
137473, Aug. 2, 2001)
CLASSIFICATION OF
ADMINISTRATIVE OFFENSES
Grave
Less grave
Light offenses
Grave offenses
Are those kinds of offenses that are
serious in nature and are punishable
with removal from office or suspension
of more than six (6) months but not
exceeding 1 yr. from the service.
LESS GRAVE OFFENSES
Are those kinds of offenses that are
less serious in nature and are
punishable with suspension of more
than 30 days but not more than 6
months from the service.
LIGHT OFFENSES
Are those which are punishable by a
penalty ranging from reprimand for
the first offense to a suspension not
exceeding 30 days for a second
offense. Then, Dismissal from the
service for the third offense.
The omission or refusal, w/o
GROSS
NEGLECT OF sufficient cause, to perform an act
Example:
[2004])
DISHONESTY
It connotes a disposition to deceive, while
misrepresentation means a statement made to
deceive or mislead. Both imply an intention to
deceive. ( Estrada vs. Badoy, Jr. 395 SCRA 231 [2003])
Parricide
Murder
Estafa
Kidnappin
Continuation…
Thus, while a school teachers’ act in sexually
assaulting a minor not enrolled in the school is
not exactly in relation to his functions as a
teacher, the final conviction of an accused
teacher due to the depravity of his act & its
immoral nature are grounds to charge him with
conviction of a crime involving moral turpitude.
FALSIFICATION Is the misrepresentation of
OF OFFICIAL
DOCUMENT a thing, fact or condition,
GRAVE OFFENSE
certifying that a thing is
true when it is not, whether
1st Offense-
Dismissal from one has the right to make a
the service representation or certificate
( U.S. vs. Buenaventura, 1Phil 433)
FALSIFICATION OF OFFICIAL DOCUMENT
issues
2.Lawful, and
Abandonment of office
transaction.
OWNING, CONTROLLING, MANAGING OR
The act of a teacher
ACCEPTING EMPLOYMENT AS OFFICER,
EMPLOYEE, CONSULTANT, COUNSEL, BROKER, or school official in
AGENT, TRUSTEE, OR NOMINEE IN ANY
accepting money from
PRIVATE ENTERPRISE REGULATED, SUPERVISED
OR LICENSED BY HIS OFFICE, UNLESS a private school for
EXPRESSLY ALLOWED BY LAW
GRAVE OFFENSE her services in helping
1st offense- 6 months & 1 day to 1 yr. the private entity in
2nd offense- Dismissal from the service securing a permit.
DISCLOSING OR MISUSING CONFIDENTIAL OR
CLASSIFIED INFORMATION OFFICIALLY KNOWN TO HIM
BY REASON OF HIS OFFICE & NOT MADE AVAILABLE TO
THE PUBLIC, TO FURTHER HIS PRIVATE INTERESTS OR
GIVE UNDUE ADVANTAGE TO ANYONE, OR TO
PREJUDICE THE PUBLIC INTEREST.
2ndoffense- Dismissal
disregard of a law or
from the service.
rule is not present.
GROSS
DISCOURTESY IN The lack of
THE COURSE OF politeness or the
OFFICIAL DUTIES
LESS GRAVE OFFENSE failure to show
regard for others
1st offense- 1 month &
1 day to 6 mos. or wounding the
2nd offense- Dismissal feelings or others.
from the service.
Examples:
Rude facial expressions & gestures that are mocking or
demeaning.
Mocking, smirking, eye-rolling, smothered laughter or looking
at other when someone else talks or playing jokes that disrupt
the work of others or create stress for them.
The use of a high tone of voice that is snippy, irritating,
hostile, contemptuous or sarcastic or confronting people about
a conflict in an excessively aggressive manner.
Examples:
Falsely accusing a co-worker & finding fault, excessively correcting
It imports a willful or
1st offense- 1 month & 1
intentional disregard of the
day to 6 months.
lawful & reasonable
instructions of the employer.
2ndoffense- Dismissal
from the service. (Black’s law Dictionary, 6th ed., p.
801)
ELEMENTS OF THE OFFENSE:
1. That a superior officer gave a lawful order to his
subordinate.
2. That the subordinate officer refused to obey the
order of his officer.
3. That the order is lawful.
4. That the refusal to obey is willful or intentional.
PENALTY:
First Offense: REPRIMAND
Second Offense: SUSPENSION of one
(1) day to thirty (30) days
Third Offense: DISMISSAL from the
service
DISCOURTESY IN An act of incivility, ill
THE COURSE OF
manners, rudeness of
OFFICIAL DUTIES
behavior or language or an
LIGHT OFFENSE
impolite act.
LIGHT OFFENSE
regulations which may be
in a form or memorandum
1st offense- Reprimand
or any issuance from the
2nd offense- 1 to 30 days
SUSPENSION Head of Office.
3rd offense- Dismissal The rules and regulations
from the service
must be reasonable.
GSIS Vs. CHUA, G.R. No. 202914, Sept.26, 2012
combustible materials;
Continuation…
D.w/in the buildings & premises of public & private
hospitals. Medical, dental, & optical clinics, health
centers, nursing homes, dispensaries & laboratories;
E.Public conveyance & public facilities including
airport & ship terminals & train & bus stations,
restaurant & conference halls, except for separate
smoking areas; and
F.Food preparation areas.
FREQUENT
UNAUTHORIZED If he incurs tardiness,
TARDINESS (
HABITUAL TARDINESS) regardless of the number
LIGHT OFFENSE of minutes,
10 times a month for at
1st offense-Reprimand
least 2 months in a
2nd offense- 1 to 30 days semester or
SUSPENSION
at least 2 consecutive
3rd offense- Dismissal from
the service. months during the year.
FREQUENT UNAUTHORIZED TARDINESS
( HABITUAL TARDINESS)
Moral obligations;
Exception:
LIGHT OFFENSE