ARNEL B. BIEN
Education Program Specialist II-HRD
Legal Assistant Designate
1987 Constitution –
Section 1 – The State shall protect and
promote the right of all citizens to quality
education at all levels, and shall take
appropriate steps to make such education
accessible to all.
Section 5(4) – The State shall enhance
the right of teachers to professional
advancement. Non-teaching academic and
non-academic personnel shall enjoy the
protection of the State.
R.A. 4670 otherwise known as the Magna Carta for
Teachers
Sec. 1. Declaration of Policy. It is hereby declared
to be the policy of this Act to promote and
improve the social and economic status of public
school teachers, their living and working
conditions, their terms of employment and career
prospects in order that they may compare
favorably with existing opportunities in other
walks of life, attract and retain in the teaching
profession more people with the proper
qualifications, it being recognized that advance in
education depends on the qualifications and ability
of the teaching staff and that education is an
essential factor in the economic growth of the
nation as a productive investment of vital
importance.
As used in this Act, the term "teacher" shall
mean all persons engaged in classroom
teaching, in any level of instruction, on fulltime basis, including guidance counselors,
school librarians, industrial arts or vocational
instructors, and all other persons performing
supervisory and/or administrative functions in
all schools, colleges and universities operated
by the Government or its political subdivisions;
but shall not include school nurses, school
physicians, school dentists, and other school
employees.
Safeguards in Disciplinary Procedure. Every
teacher shall enjoy equitable safeguards at each
stage of any disciplinary procedure and shall have:
 a. the right to be informed, in writing, of the
charges;
 b. the right to full access to the evidence in the
case;
 c. the right to defend himself and to be
defended by a representative of his choice
and/or by his organization, adequate time being
given to the teacher for the preparation of his
defense; and
 d. the right to appeal to clearly designated
authorities
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.
 Secretary
– for disciplinary actions and
administrative cases against officers and
employees of the DepEd at its Central Office
and against Presidential appointees; namely:
Assistant Superintendents, Superintendents,
Asst. Regional Directors, Regional Directors,
Asst. Secretaries and Undersecretaries
 Original and exclusive jurisdiction
 Subject for confirmation, disapproval and
modification by the President
Regional Directors – for cases against teachers
and against their personnel at their respective
regional offices
Superintendents – for non-teaching personnel in
their respective divisions
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Dishonesty
Oppression
Neglect of Duty
Misconduct
Disgraceful and immoral conduct
Being notoriously undesirable
Discourtesy in the course of official duties
Inefficiency and incompetence in the performance
of official duties
Receiving for personal use of a fee, gift or other
valuable thing in the course of official duties or in
connection therewith 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 persons or
committing acts punishable under the anti-graft
laws.
 Conviction of a crime involving moral turpitude.
 Improper or unauthorized solicitation of contributions
from subordinate employees and by teachers or school
officials from school children.
 Violation of existing Civil service Law and Rules or
reasonable office regulations.
 Falsification of official documents.
 Frequent unauthorized absences or tardiness in
reporting for duty, loafing or frequent unauthorized
absences from duty during regular office hours.
 Habitual drunkenness.
 Gambling prohibited by law.
 Refusal to perform official duty or render overtime
service.
 Disgraceful, immoral or dishonest conduct prior to
entering the service.
 Physical or mental incapacity or disability due to
immoral vicious habits.
 Borrowing money by superior officers from subordinates
or lending by subordinates to superior officers
 Lending money at usurious rates of interest.
 Willful failure to pay just debts or willful failure to pay
taxes due to the government.
 Contracting loans of money or other property from
persons with whom the office of the employees
concerned has business relations.
 Pursuit of private-business, vocation or profession
without the permission required by the Civil Service
rules and regulations
 Insubordination.
 Engaging directly or indirectly in partisan political
activities by one holding a non political office.
 Conduct prejudicial to the best interest of the
service
 Lobbying for personal interest or gain in legislative
halls or officers without authority
 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
 Nepotism as defined in Section 59, Chapter 8,
Subtitle A, Title , Book V of E.O. No. 292
 Sexual harassment as defined and penalized under
CSC Resolution No. 01-0940.
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In
Philippine
Amusement
and
Gaming
Corporation v. Rilloroza [G.R. No. 141141, June
25, 2001], dishonesty is defined as the
disposition to lie, cheat, deceive, or
defraud; untrustworthiness; lack of integrity;
lack of honesty, probity or integrity in principle;
lack of fairness and straightforwardness;
disposition to defraud, deceive or betray.
(Balagso, Teodoro Jr. L., CSC Resolution No. 991085, May 21, 1999 citing Briones, Rolando A.,
Res. 97-3740 dated Aug. 28, 1997)
“The concealment or distortion of truth, which
shows lack of integrity or a disposition to
defraud, cheat, deceive or betray and an intent
to violate the truth.”
CSC Resolution No. 95-2125, March 21, 1995
define Oppression as an act of cruelty,
severity, unlawful exaction, denomination or
excessive use of authority.
Negligence is want of care required by the
circumstances. It is a relative or comparative, not
an absolute term, and its application depends
upon the situation of the parties, and the degree
of care and vigilance which the circumstances
reasonably impose.
Neglect of duty is the failure of an employee to
give one’s attention to a task expected of him and
is censurable under the Civil Service rules.
Gross neglect of duty denotes a flagrant and
culpable refusal or unwillingness of a person to
perform a duty.(Phil. Retirement Authority vs
Thelma Rupa, GR No. 140519, 8/21/2001)
-means intentional wrongdoing or deliberate
violation of a rule of law or standard of
behavior. To constitute an administrative
offense, misconduct should relate to or be
connected with the performance of the official
functions and duties of a public officer. In
grave misconduct, as distinguished from simple
misconduct, the elements of corruption, clear
intent to violate the law or flagrant disregard
of an established rule must be manifest.
Teachers are duly licensed professionals who must
not only be competent in the practice of their
noble profession, but must possess dignity and a
reputation with high moral values. They must
strictly adhere to, observe, and practice the set of
ethical and moral principles, standards, and values
laid down in the Code of Ethics of Professional
Teachers, which apply to all teachers in schools in
the Philippines, whether public or private, as
provided in the preamble of the said Code.
Section 8 of Article VIII of the same Code expressly
provides that “a teacher shall not inflict corporal
punishment on offending learners”.(Alberto Patog, Sr. vs CSC, GR No. 198755, 6/5/2013)
(Memorandum Circular No. 15, s. 2010, 8/5/10)
-refers to an act which violates the basic norm
or decency, morality and decorum abhorred
and condemned by the society. It refers to
conduct which is willful, flagrant or shameless
and which shows a moral indifference to the
opinions of the good and respectable members
of the community.
CLASSIFICATION
A. Disgraceful and Immoral Conduct in the
Workplace-Conduct committed by parties,
regardless of marital status, under any of the
following circumstances:
1. The disgraceful and immoral conduct was
committed in the workplace in a scandalous
manner.
2. The disgraceful and immoral conduct was
committed by taking advantage of one’s position
and/or with the use of government property and
resources.
3. The disgraceful and immoral conduct
affected the work performance of the
respondents.
CLASSIFICATION
B. Disgraceful and Immoral Conduct Committed
through a Forbidden Relationship- is classified under this section if the
parties are engaged in a relationship forbidden by
law.
C. Disgraceful and Immoral Conduct Committed
through Inherently Immoral Acts- Conduct which consists of immoral ad
deviant acts inherently forbidden by the basic
norms of decency, morality and decorum such as,
but not limited to incest, pedophilia, exhibitionism
and the like, whether committed in a discreet or
scandalous manner within or out of the workplace.
This offense is based mainly on the general
reputation of an employee for being difficult
to work with, due to his/her quarrelsome
attitude and/or repeated infractions of office
rules. The focus in this offense is the totality
of his conduct in office and not his liability for
the individual acts. (Laguilles, Cesar P., CSC
Resolution No. 99-0026, 1/6/1999
(In re: Basa, 41 Phil. 275;In re: Isada, 60 Phil 915)
Everything which is done contrary to justice,
honesty, modesty or good morals.
It (moral turpitude) implies something immoral in
itself, regardless of the fact that it is punishable
by law or not. It is not the prohibition by statute
that fixes moral turpitude but the nature of the
act itself.
(Robredillo, Mario, CSC Resolution No. 00-0657,
3/10/2000 citing Dela Torre vs COMELEC, 258 SCRA
483)
Falsification as a rule is the misrepresentation
of a thing, fact or condition, certifying that a
thing is true when it is not, whether one has
the right to make the representation or
certificate. As applied to a public document, in
order that said act be punishable, it is
immaterial whether it has caused damage to a
third person or not. This is because
falsification of public documents is controlled
by other principles distinct from those
applicable to private documents. ( US vs
Buenaventura , 1Phil 433)
The accomplishment of a PDS is required under Civil
Service Rules and Regulations for employment in the
government. The making of an untruthful statement
therein amounts to dishonesty and falsification of
official document that warrant dismissal from the
service even on the first offense.(Admin. Case for
Dishonesty and Falsification, 463 Phil. 878, 890)
As emphasized in Advincula vs. Dicen, (GR No. 162403,
5/16/2005, 458 SCRA 696), the PDS is an official
document required of a government employee and
official by the Civil Service commission. It is the
repository of all information about any government
employee and official regarding his personal
background, qualification, and eligibility.
The term “election campaign” or “partisan
political activity” refers to an act designed to
promote the election or defeat of a particular
candidate/s to a public office. (Bugtong
Diosdado, CSC Res. No. 97-0807)
Incompetency has been defined as the
manifest lack of adequate ability and fitness
for the satisfactory performance of official
duties. This has reference to any physical,
moral, or intellectual quality the lack of
substantially incapacities one to perform the
duties of an officer. (Sec. 8, PD 971)
-is a deliberate and willful refusal to comply
with a lawful request or order of a higher
authority. It involves disregard or proper
authority and a refusal to obey that authority,
a will disrespect of it.(Sobrepeña , Carmelita
G., CSC Resolution No. 001288)
-as an administrative offense is defined as an act, or series of
acts, involving any unwelcome sexual advance, request or
demand for a sexual favor, or other verbal or physical
behavior of a sexual nature, committed by a government
employee or official in a work related, training or education
related environment of the person complained of.
-as a criminal offense is defined as a work, education or
training related act committed by an employer, employee,
manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor or any person who,
having authority, influence or moral ascendancy over another
in a work or training or education environment, demands,
requests or otherwise requires any sexual favor from the
other, regardless of whether the demand request or
requirement for submission is accepted by the object of said
act.
1st offense – Dismissal
1. Dishonesty
2. Gross Neglect of Duty
3. Grave Misconduct
4. Being Notoriously undesirable
5. Conviction of a crime involving moral turpitude
6. Falsification of official documents
7. Physical or Mental incapacity or disability due
to immoral or vicious habits
8. Engaging in directly or indirectly in partisan
political activities by one holding non-political
office
1st offense – Dismissal
9. Receiving for personal use a fee, gift or
other valuable thing in the course of official
duties or in connection therewith 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
to other persons, or committing acts
punishable under the anti-graft laws
10.Contracting loans of money or other
property from persons with whom the office or
employee has business relations
1st offense – Dismissal
11. 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 the giver and the receiver
and the motivation. A thing of monetary value is
one which is evidently or manifestly excessive by
its very nature.
1st offense – Dismissal
12. Nepotism
13. Disloyalty to the Republic of the Philippines and to
the Filipino People
1st Offense – Suspension (6 mos., 1day to 1 year); 2nd
Offense – Dismissal
14. Oppression
15. Disgraceful and Immoral conduct
16. Inefficiency and Incompetence in the performance
of official duties
17. Frequent unauthorized absences, or tardiness in
reporting for duty, loafing or frequent unauthorized
absences from duty during regular office hours.
1st Offense – Suspension (6 mos., 1day to 1
year); 2nd Offense – Dismissal
18. Refusal to perform official duty
19. Gross insubordination
20. Conduct prejudicial to the best interest of
the service.
21.Directly or indirectly having financial and
material interest in any transaction requiring
the approval of his office. Financial and
material interest is defined as pecuniary or
proprietary interest by which a person will gain
or lose something.
1st Offense – Suspension (6 mos., 1day to 1 year);
2nd Offense – Dismissal
22. 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 office, unless expressly allowed by
law.
23. 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.
1st Offense – Suspension (6 mos., 1day to 1 year);
2nd Offense – Dismissal
24. Obtaining or using any statement filed under
the Code of Conduct and Ethical standards for
Public Officials and Employees 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.
25.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 1)law,
or 2) international agreements, commitments and
obligation, or as part of the function of his office.
1st Offense –Suspension for one (1) month and
one (1) day to six (6) months; 2nd offense –
Dismissal
1. Simple Neglect of duty.
2. Simple Misconduct
3. Gross Discourtesy in the course of official
duties
4. Violation of existing Civil Service Law and
rules of serious nature.
5. Insubordination
1st Offense –Suspension for one (1) month and
one (1) day to six (6) months; 2nd offense –
Dismissal
6. Habitual Drunkenness.
7.Unfair discrimination in rendering public
service due to party affiliation or preference.
8. Failure to file SALN, and disclosure of
business interest and financial connections
including those of their spouses and unmarried
children under 18 years of age
1st Offense –Suspension for one (1) month and one (1)
day to six (6) months; 2nd offense – Dismissal
9. Failure to resign from his position in the private
business enterprise within thirty (30) days from
assumption of office when conflict of interest arises,
and/or failure to divest himself of his shareholdings 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 of said interest within the periods herein
above; provided, reckoned from the date when the
conflict of interest had arisen.
1.
2.
3.
4.
Discourtesy in the course of official duties1st offense – reprimand; 2nd offense –
suspension for 1 to 30 days; 3rd offensedismissal
Improper or unauthorized solicitation of
contribution from subordinate employees
and by teachers or school officials from
school children.
Violation of reasonable office rules and
regulations
Frequent unauthorized tardiness.
1st offense – reprimand; 2nd offense – suspension
for 1 to 30 days; 3rd offense-dismissal
5. Gambling prohibited by law
6. Refusal to render overtime service.
7. Disgraceful, immoral or dishonest conduct prior
to entering the service.
8. Borrowing money by superior officers from
subordinates.
9. Lending money at usurious rates of interest.
10. Willful failure to pay just debts or willful
failure to pay taxes due to the government.
1st offense – reprimand; 2nd offense –
suspension for 1 to 30 days; 3rd offensedismissal
Just debts shall apply to:
1.
2.
Claims adjudicated by a court of law, or
Claims the existence and justness of which are
admitted by the debtor.
1st offense – reprimand; 2nd offense – suspension
for 1 to 30 days; 3rd offense-dismissal
11. Lobbying for personal interest or gain in
legislative halls and offices without authority.
12. 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.
13. Failure to act promptly on letters and request
within fifteen (15) days from receipt, except as
otherwise provided in the rules implementing the
Code of Ethical Standards for Public Officials and
Employees.
1st offense – reprimand; 2nd offense – suspension
for 1 to 30 days; 3rd offense-dismissal
14. Failure to process document and complete
action on documents and papers within reasonable
time from preparation thereof, except as
otherwise provided in the rules implementing the
Code of Conduct and Ethical Standards for Public
Officials and Employees.
15. Failure to attend to anyone who wants to avail
himself of the services of the office, or act
promptly and expeditiously on public transactions.
1st offense – reprimand; 2nd offense –
suspension for 1 to 30 days; 3rd offensedismissal
16. Engaging in private practice of his
profession
unless
authorized
by
the
Constitution, law or regulation, provided that
such practice will not conflict with his official
functions.
17. Pursuit of private business, vocation or
profession without the permission required by
Civil Service rules and regulations.