Rule 10

Administrative Offenses
and Penalties
Section 50 - Classification of Offenses
How are they classified?

By their gravity or depravity and effects on the government service.

1. Grave

2. Less Grave

3. Light
Section 50 - Classification of Offenses
A. Grave offenses punishable by dismissal from the service

- Serious dishonesty
- Gross neglect of duty
- Grave misconduct
- Conviction of a crime involving moral turpitude
- Falsification of official document
- Nepotism
- Disloyalty to the Republic of the Philippines and to the Filipino People
Section 50 - Classification of Offenses
B. Grave offenses punishable by the following:

1st Offense - Suspension of 6 months and 1 day to 1 year

2nd Offense - Dismissal from the service

- Less serious dishonesty

- Oppression
- Disgraceful and immoral conduct
- Frequent Unauthorized Absences (Habitual Absenteeism)
- Habitual tardiness in reporting for duty causing prejudice to the operations of the
office
Section 50 - Classification of Offenses
B. Grave offenses punishable by the following:

- Loafing from Duty During Regular Office Hours - Refusal to Perform Official Duty
- Gross Insubordination (refusal to obey orders)
- Inefficiency and incompetence in the performance of official duties

The grave offense of Inefficiency and Incompetence in the performance of

official duties may be punishable by Demotion. In this case, the guilty person
shall suffer diminution in salary corresponding to the next lower salary grade
with the same salary step. - Section 50(C)
Section 50 - Classification of Offenses
B. Grave offenses punishable by the following:

- Conduct Prejudicial to the Best Interest of the Service

Deals with a demeanor of a public officer which “tarnished the image and
integrity of his/her public office.”

It must be accompanied by deliberate intent or a willful desire to defy or

disregard established rules or norms in the service.
Section 50 - Classification of Offenses
- Conduct Prejudicial to the Best Interest of the Service

In CATIPON, JR. vs. JAPSON (G.R. No. 191787, June 22, 2015), the Court
states that: The corresponding penalty for conduct prejudicial to the best
interest of the service may be imposed upon an erring public officer as long
as the questioned act or conduct taints the image and integrity of the office;
and the act need not be related to or connected with the public officer’s official
functions.
Section 50 - Classification of Offenses
- Conduct Prejudicial to the Best Interest of the Service

The following acts or omissions have been treated as such:

- misappropriation of public funds;
- abandonment of office;
- failure to report back to work without prior notice;
- failure to safe keep public records and property;
- making false entries in public documents;
- falsification of court orders;
Section 50 - Classification of Offenses
D. Less grave offenses are punishable by the following:
1st offense - Suspension of 1 month and 1 day to 6 months
2nd offense - Dismissal from service
- Simple neglect of duty
- Simple misconduct
- Discourtesy in the Course of Official Duties
- Violation of existing Civil Service Law and rules of serious nature -
Insubordination
- Habitual Drunkenness
- Unfair discrimination in rendering public service due to party affiliation or
preference
Section 50 - Classification of Offenses
E. The less grave offense of Simple Dishonesty is punishable by:

1st offense - Suspension of o1 month and 1 day to 6 months

2nd offense - Suspension of 6 months and 1 day to 1 year
3rd offense - Dismissal from service

In Angelica A. Fajardo vs. Mario J. Corral (G.R. No. 212641, July 5, 2017), the
Court defines DISHONESTY as the concealment or distortion of truth, which
shows lack of integrity or a disposition to defraud, cheat, deceive or betray, or
intent to violate the truth. Under CSC Resolution 06-0538, dishonesty may be
classified as serious, less serious or simple.
Section 50 - Classification of Offenses
Dishonesty

In that case, Fajardo was charged with SERIOUS DISHONESTY, which

necessarily entails the presence of any one of the following circumstances:

(1) the dishonest act caused serious damage and grave prejudice to the
government;
(2) the respondent gravely abused his authority in order to commit the
dishonest act;
(3) The dishonest act exhibits moral depravity on the part of respondent;
Section 50 - Classification of Offenses
(4) where the respondent is an accountable officer, the dishonest act directly
involves property, accountable forms or money for which he is directly
accountable and the respondent shows an intent to commit material gain,
graft and corruption;
(5) The respondent employed fraud and/or falsification of official documents in
the commission of the dishonest act related to his/her employment;
(6) The dishonest act was committed several times or in various occasions;
(7) The dishonest act involves a Civil Service examination irregularity or fake
Civil Service eligibility such as, but not limited to impersonation, cheating and
use of crib sheets; and,
(8) Other analogous circumstances.
Section 50 - Classification of Offenses
F. Light Offenses are punishable by:

1st Offense - Reprimand

2nd Offense - Suspension of 1 to 30 days
3rd Offense - Dismissal from service

- Simple discourtesy in the course of official duties

- Violation of reasonable office rules and regulations
- Habitual tardiness
- Gambling prohibited by law
- Refusal to render overtime service
Section 50 - Classification of Offenses
F. Light Offenses are punishable by:

- Willful failure to pay “just debts” or willful failure to pay taxes due to the
government

The term “Just debts” apply to:

1. Claims adjudicated by a court of law

2. Claims the existence and justness of which are admitted by the debtor
Section 51 - Other Specific Offenses
A. Sexual Harassment

I. Grave offenses punishable by dismissal from the service

a. Unwanted touching of private parts of the body (inner thighs, genitalia, buttocks
and breast)
b. Sexual assault
c. Malicious touching
d. Requesting for sexual favor in exchange for employment, promotion, local or
foreign travels, favorable working conditions or assignments, a passing grade, the
granting of honors or scholarship, or the grant of benefits or payment of a stipend
or allowance; and
Section 51 - Other Specific Offenses
A. Sexual Harassment

II. Less Grave Offenses

a. unwanted touching or brushing against a victim’s body

b. pinching not falling under grave offenses;
c. derogatory or degrading remarks or innuendoes directed toward the members
of one sex, or one’s sexual orientation or used to describe a person;
d. verbal abuse with sexual overtones; and
e. other analogous cases.
Section 51 - Other Specific Offenses
A. Sexual Harassment

III. Light Offenses

a. surreptitiously looking at a person’s private part or worn undergarments;

b. malicious leering or ogling;
c. display of sexually offensive pictures, materials or graffiti;
d. unwelcome inquiries or comments about a person’s sex life;
Section 51 - Other Specific Offenses
A. Sexual Harassment

IV. Other circumstances of sexual harassment

1. Work-related
2. Education or training related
3. Other instances
Section 51 - Other Specific Offenses
A. Sexual Harassment

V. Persons Liable for Sexual Harassment

1. Directly participates in the execution of any act of sexual harassment as defined

by these Rules
2. Induces or directs another or others to commit sexual harassment as defined by
these Rules
3. Cooperates in the commision of sexual harassment by another through an act
without which the sexual harassment would not have been accomplished
4. Cooperates in the commission of sexual harassment by another through
previous or simultaneous acts.
Section 51 - Other Specific Offenses
B. Violations of RA 9845 (Anti-Red Tape Act of 2007)

I. Grave Offense

Fixing and/or collusion with fixers in consideration of economic and/or other

gain or advantage shall be penalized by dismissal and perpetual disqualification
from public service.
Section 51 - Other Specific Offenses
B. Violations of RA 9845 (Anti-Red Tape Act of 2007)

II. Light Offenses

1. Refusal to accept application and/or request within the prescribed period or any
document being submitted by a client.
2. Failure to act on an application and/or request or failure to refer back to the
client a request which cannot be acted upon due to lack of requirements within the
prescribed period.
3. Failure to give the client a written notice on the disapproval of an application or
request.
Section 51 - Other Specific Offenses
B. Violations of RA 9845 (Anti-Red Tape Act of 2007)

II. Light Offenses

The foregoing are penalized as follows:

1st offense
a. Suspension of 30 days without pay; and
b. Attendance in Values Orientation Program

2nd offense - Suspension of 3 months without pay

3rd offense - Dismissal and perpetual disqualification from the public service
Section 52 - Penalty of Fine
The disciplining authority may allow payment of fine in place of suspension if any
of the following circumstances is present:

(a) When the functions/nature of the office is impressed with national interest such
as those involved in maintenance of peace and order, health and safety,
education;
(b) When the respondent is actually discharging frontline functions or those
directly dealing with the public and the human resource complement of the office
is insufficient to perform such function;
Section 52 - Penalty of Fine
The disciplining authority may allow payment of fine in place of suspension if any
of the following circumstances is present:

(c) When the respondent committed the offense without utilizing or abusing the
powers of his/her position or office; or
(d) When the respondent has already retired or otherwise separated from
government service and the penalty of suspension could not be served anymore,
the fine may be sourced from the accumulated leave credits or whatever benefits
due the respondent.
Section 52 - Penalty of Fine
The payment of penalty of 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.

Ratio of 1 day of suspension from the service to 1 day salary 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) day suspension is deemed included

therein.
Section 52 - Penalty of Fine
The maximum period to pay the fine shall not exceed 1 year from the time the
decision/resolution becomes final and executory.

Conversion of suspension into fine shall render the decision final and
executory, and THEREFORE not subject of appeal or any other similar relief.
Section 52 - Penalty of Fine
Failure to pay the fine or part thereof will cause the:

Reversion to the original penalty of suspension.

In this case, the respondent will serve the original suspension imposed,
irrespective of the amount paid.
Section 52 - Penalty of Fine
Fine may be paid in equal monthly installments

Fine equivalent to … Shall be paid within ...

1 month salary 2 months

2 months salary 4 months

3 months salary 6 months

4 months salary 8 months

5 months salary 10 months

6 months salary 12 months

Section 52 - Penalty of Fine
Fine 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.
Section 53 - Mitigating and Aggravating Circumstances
Except for offenses punishable by dismissal from service the following may be
considered.

- Physical illness
- Length of Service
- Education
- Time and place of offense
- First offense
- Malice
- Taking undue advantage of official position
- Taking undue advantage of subordinate
Section 53 - Mitigating and Aggravating Circumstances
- Undue disclosure of confidential information
- Use of government property in the commission of the offense
- Habituality
- Offense is committed during office hours and within the premises of the office or
building
- Employment of fraudulent means to commit or conceal the offense
- Other analogous circumstances.
Section 53 - Mitigating and Aggravating Circumstances
The same must be invoked or pleaded by the respondent, OTHERWISE, said
circumstances will not be considered in the imposition of the proper penalty.

The disciplining authority, however, in the interest of substantial justice, may take
and consider these circumstances motu proprio.
Section 54 - Manner of Imposition of Penalty
A. Minimum - ONLY MITIGATING and NO AGGRAVATING circumstances
B. Medium - NO MITIGATING AND AGGRAVATING circumstances
C. Maximum - ONLY AGGRAVATING and NO MITIGATING circumstances

Also …

A. Minimum - mitigating and aggravating circumstances are present but there are
more mitigating circumstances
B. Medium - mitigating and aggravating circumstances equally offset each other
C. Maximum - mitigating and aggravating circumstances are present but there are
more aggravating circumstances
Section 54 - Manner of Imposition of Penalty
Divisible Penalties

A. Suspension of 1 month and 1 day to 6 months

- 3 months as its medium penalty

B. Suspension of 6 months and 1 day to 1 year

- 9 months as its medium penalty
Section 55 - Penalty for Multiple Offenses
If guilty of 2 or more DIFFERENT offenses, the penalty imposed should be that
corresponding to the most serious offense. The rest shall be considered as
aggravating circumstances.

Example:
1. Guilty of 1st offense of Violation of existing Civil Service Law and rules of
serious nature
2. Guilty of Falsification of official document

Impose penalty for falsification which is dismissal from the service, even if the
penalty for violation of CS law and rules of serious nature is suspension.
Section 55 - Penalty for Multiple Offenses
If guilty of 2 or more counts of the SAME offenses:

Penalty is that of the maximum regardless of the presence of any mitigating

circumstances.
Section 56 - Duration and Effect of Administrative Penalties

A. Dismissal - permanent separation from the service without prejudice to civil or

criminal liability

B. Demotion - diminution of salary corresponding to the next lower salary grade

with the same salary step

C. Suspension - temporary cessation of work for a period not exceeding 1 year

Suspension of 1 day or more shall be considered a gap in the continuity of

service.
During suspension, respondent is not entitled to all monetary benefits
including leave credits.
Section 56 - Duration and Effect of Administrative Penalties

D. Penalty of fine - an amount not exceeding 6 months salary

Computation is based on the salary rate of the respondent when the decision
becomes executory.

Fines shall be paid within 1 year - reckoned from the date when the decision
becomes final and executory.
Section 56 - Duration and Effect of Administrative Penalties

E. Reprimand - official rebuke against a person’s behavior which does not carry
any accessory penalty or result in the temporary cessation of work.

If reprimand was imposed on appeal as a result of MODIFICATION of the

penalty of suspension or dismissal from the service, respondent is entitled to
payment of backwages and other benefits - accrued during the period of the
suspension or dismissal.
Section 57 - Administrative Disabilities Inherent in Certain Penalties

Rules in the imposition of Accessory Penalties.

A. Dismissal - shall carry with it

1. Cancellation of Eligibility
2. Perpetual disqualification from holding public office
3. Bar from taking civil service examinations
4. Forfeiture of retirement benefits

Terminal leave benefits and personal contributions to Government Service

Insurance System (GSIS), Retirement and Benefits Administration Service
(RBAS) or other equivalent retirement benefits system shall not be subject to
forfeiture.
Section 57 - Administrative Disabilities Inherent in Certain Penalties

B. Demotion - shall carry with it disqualification from promotion for 1 year

C. Suspension - shall carry with it disqualification from promotion corresponding

to the period of suspension

D. Penalty of fine - shall carry with it disqualification from promotion of the same
period the respondent is fined

E. Reprimand - NOT CARRY with it any accessory penalties

F. Warning or Admonition - NOT CONSIDERED a penalty

Section 58 - Effects of Exoneration on Certain Penalties

A. Penalty of fine - shall be refunded

B. Demotion

1. Restoration of former salary grade

2. Payment of salary differentials during the period demotion was imposed

C. Suspension

1. Immediate reinstatement to former post WITHOUT LOSS of seniority rights

2. Payment of back wages and all benefits which would have accrued as if the
respondent has not been illegally suspended
Section 58 - Effects of Exoneration on Certain Penalties

D. Dismissal

1. Immediate reinstatement WITHOUT LOSS of seniority rights

2. Payment of back wages and all benefits which would have accrued as if the
respondent has not been illegally dismissed

E. Respondent exonerated on appeal - entitled to leave credits for the period he

had been out of the service.

NOTE: The grant of back wages and other benefits may be subject of settlement
and or compromise.
 REMEDIES
Rule 11
Settlement in
Administrative Cases
Section 59 - Applicability

In cases of light offenses where the act is:

a. purely personal on the part of the private complainant and the person
complained of; and
b. there is no apparent injury committed to the government.

Settlement of offenses may be considered

Provided that settlement can no longer be applied for the second

offense of the same act committed by the person complained of.
Section 60 - Guidelines (Settlement of purely personal matters)

A. Allowed only for administrative offenses where the act is:

a. purely personal on the part of the private complainant and the person
complained of; and
b. there is no apparent injury committed to the government.

B. Upon filing of the complaint, disciplining authority or its authorized

representative motu proprio shall determine whether the offense can be the
subject of settlement. -

In the affirmative, person complained of is required to comment and indicate

whether he/she is willing to submit a case for settlement
Section 60 - Guidelines (Settlement of purely personal matters)

C. The person complained of may move for the settlement of the complaint
anytime BEFORE the issuance of formal charge

D. If the person complained of opts for settlement, the disciplining authority or

authorized representative shall issue an order requiring the appearance of the
parties

E. If settlement succeeds, a Compromise Agreement shall be executed between

the parties and attested by the disciplining authority or authorized representative.
Section 60 - Guidelines (Settlement of purely personal matters)

F. Compromise Agreement is binding on the parties which CANNOT BE

IMPUGNED

UNLESS, it is proven there was duress or fraud in its execution on the part of
any of the parties

G. Decision is issued by the disciplining authority based on the Compromise

Agreement, which may include provisional dismissal of the complaint

Provisional dismissal - dismissal of the case is merely temporary.

Section 60 - Guidelines (Settlement of purely personal matters)

H. If proceedings fail, disciplining authority or authorized representative shall

issue an order terminating the process and continue with the investigation of the
case.

I. Non-compliance by the person complained of with the Compromise

Agreement will lead to:

Reopening of the case for investigation until its final determination.