Department of Education ADMINISTRATIVE OFFENSES RESHELL G. RENDON Discussants DepEd Order No. 49, S. 2006 REVISED RULES OF PROCEDURE OF THE DEPARTMENT OF EDUCATION IN ADMINISTRATIVE CASES Section 58 – Classification of Offenses Grave offences Less Grave offences Light offences GRAVE OFFENSES Suspension (6) months and 1 day (1) Year DISMISSAL Section 63 - Accessory Penalties The penalty of DISMISSAL carries with it: – Cancellation of Eligibility – Forfeiture of Retirement Benefits – Perpetual Disqualification for Reemployment in the Government THE FF. ARE GRAVE OFFENSES: GROSS NEGLECT OF DUTY – DISHONESTY GRAVE MISCONDUCT THE FF. ARE GRAVE OFFENSES: BEING NOTORIOUSLY UNDESIRABLE CONVICTION OF A CRIME WITH MORAL TURPITUDE FALSIFICATION OF OFFICIAL DOCUMENT THE FF. ARE GRAVE OFFENSES: DISGRACEFUL OR IMMORAL CONDUCT FALSIFICATION OF OFFICIAL DOCUMENT Physical or Mental Incapacity / Disability due to immoral or vicious habit THE FF. ARE GRAVE OFFENSES: Inefficiency and incompetence in the performance of official duties FREQUENT UNAUTHORIZED ABSENCES OR TARDINESS; REFUSAL TO PERFORM OFFICIAL DUTY THE FF. ARE GRAVE OFFENSES: REFUSAL TO PERFORM OFFICIAL DUTY GROSS INSUBORDINATION CONDUCT PREJUDICIAL TO THE BEST INTEREST OF THE SERVICE OTHER GRAVE OFFENSES: Engaging in partisan political activities by one holding a non-political office Receiving for personal use a fee, gift or other valuable thing in the course of official duties in the hope or expectation of receiving a favor Contracting loans from persons with whom the office of the employee has business relations (Conflict of interest) OTHER GRAVE OFFENSES Soliciting or accepting any gift, gratuity, favor or anything of monetary value in connection with any transaction which may be affected by the function of his office; Nepotism except teachers, physicians and persons employed in confidential capacity; Disloyalty to the country and to the Filipino people; OTHER GRAVE OFFENSES Oppression; Directly or indirectly having financial or material interest in a transaction requiring approval of his office (COI); Owning, controlling, managing or accepting employment in a private enterprise regulated by his office unless authorized by law; Disclosing or misusing confidential information to further his private interest OTHER GRAVE OFFENSES Using any statement filed under the Code of Conduct for Public Officials and Employees for purposes contrary to morals or public policy; Recommending any person to a private enterprise that has a transaction with his office unless mandated by law . LESS GRAVE OFFENSES • Penalty is Suspension for one (1) month and one (1) day to six (6) months up to DISMISSAL LESS GRAVE OFFENSES: • • • • Simple Neglect of Duty Simple Misconduct Gross Discourtesy Violation of Civil Service Law • Insubordination • Habitual Drunkenness LESS GRAVE OFFENSES: • Unfair discrimination due to party affiliation or preference; • Failure to file SALN including those of their spouses and unmarried children below 18 and living with them; • Failure to resign from his position in a private enterprise within 30 days from assumption of public office when there is conflict of interest or failure to divest of his interest within 60 days from assumption to office; LIGHT OFFENSES: Penalty is Suspension of one (1) to thirty (30) days up to DISMISSAL on the 3rd offense THE FF. ARE LIGHT OFFENSES: • Discourtesy in the course of duties • Improper or unauthorized solicitation of contributions from subordinates and by teachers or school officials from their students • Violation of reasonable office rules and regulations • Habitual tardiness (any activity or seminars) • Illegal gambling LIGHT OFFENSES • Refusal to render overtime service (when there is a need or exigency) • Disgraceful, immoral or dishonest conduct prior to entering the service • Borrowing money by a superior from a subordinate • Lending money at usurious (unreasonable) rates of interest LIGHT OFFENSES • Willful failure to pay just debts or to pay taxes (cldebtor);aims adjudicated by court or those admitted by the • Lobbying for personal interest or gain in legislative offices without authority; • Promoting the sale of tickets in behalf of a private enterprise and are not intended for charity or public welfare LIGHT OFFENSES • Engaging in private practice or profession unless authorized by law or regulation and provided such will NOT conflict with his official functions; • Pursuit of private business or profession WITHOUT the required permission.