Master of Education Lesson 12 (Administrative Offenses).ppt

Administrative Offenses

1. Administrative
Offenses and
Remedies
ARBERT B. LANCHITA
EdD. Student
LYNDON A. QUINES, EdD.
Professor
EDD 601: Administrative Theory and Practice
in Educational Organization

2. Sec. 1, Art. XI,
Philippine Constitution
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.

3. CLASSIFICATION OF OFFENSES
GRAVE OFFENSES
Penalty:1
ST
Offense:
six (6) months and one (1) day to one (1) year
Suspension / Dismissal from the service
LESS GRAVE OFFENSES
Penalty: 1
st
Offense:
thirty (30) days to six (6) months Suspension
LIGHT OFFENSES
Penalty: 1
st
Offense:
Reprimand
Fifty 0ne (51) acts or omissions committed by
a public servant constitute an administrative
offense.

4. SCHEDULE OF PENALTIES
GRAVE OFFENSES
1.Gross Neglect
of Duty
2.Dishonesty
3.Grave
Misconduct
4.Being
Notoriously
Undesirable
5.Conviction of a
crime involving
moral turpitude
6.Falsification
of official
document
7.Physical or
mental
incapacity or
disability due
to immoral or
vicious habits
8.Engaging
directly or
indirectly in
partisan
political
activities by
one holding
non-political
office
9.Receiving for
personal use of
a fee, gift or
other valuable
thing in the
course of
official duties
xxx

5. SCHEDULE OF PENALTIES
GRAVE OFFENSES
10.Contracting
loans of money
or other
property from
persons with
whom the office
of the employee
has business
relations
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
xxx
12.Nepotism
13.Disloyalty to
the Republic of
the Philippines
and to the
Filipino people
14.Oppression
15.Disgraceful and
immoral conduct

6. SCHEDULE OF PENALTIES
GRAVE OFFENSES
16.Inefficiency
and
incompetence in
the performance
of official
duties
17.Frequent
unauthorized
absences or
tardiness
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
22.Owning,
controlling,
managing or
accepting
employment xxx
in any private
enterprise
regulated,
supervised or
licensed by his
office, unless
expressly
allowed by law.

7. SCHEDULE OF PENALTIES
GRAVE OFFENSES
23.Disclosing or
misusing
confidential or
classified
information
24.Obtaining or
using any
statement filed
under the Code
of Conduct and
Ethical
Standards for
Public
Officials and
Employees
25.Recommending
any person to
any position in
a private
enterprise
which has a
regular or
pending
official
transaction
with his office

8. SCHEDULE OF PENALTIES
LESS GRAVE OFFENSES
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
6.Habitual
Drunkenness
7.Unfair
discrimination
in rendering
public service
due to party
affiliation or
preference.
8.Failure to resign
from his position
in private
business
enterprise within
thirty (30) days
from assumption
of public office
9. Failure to file
sworn statements of
assets, liabilities
and net worth, and
disclosure of
business interest
and financial
connections

9. SCHEDULE OF PENALTIES
LIGHT OFFENSES
1.Discourtesy in
the course of
official duties
2.Improper or
unauthorized
solicitation of
contribution
from
subordinate
employees and
by teachers or
school
officials from
school
children.
3.Violation of
reasonable
office rules
and regulations
4.Frequent
unauthorized
tardiness
(Habitual
Tardiness)
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

10. SCHEDULE OF PENALTIES
LIGHT OFFENSES
9.Lending money
at usurious
rates of
interest
10.Willful failure
to pay just
debts xxx
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, xxx
14.Failure to
process
documents xxx
within a
reasonable time
xxx

11. SCHEDULE OF PENALTIES
LIGHT OFFENSES
15.Failure to
attend to
anyone who
wants to avail
himself of the
service of the
office, or act
promptly and
expeditiously
on public
transaction
16.Engaging in
private
practice of his
profession xxx
17.Pursuit of
private
business,
vocation or
profession
without the
permission
required by
Civil Service
rules and
regulations

12. COMMONLY COMMITTED
ADMINISTRATIVE
OFFENSES

13. DISHONESTY
Anyactwhichshowslack
of integrity or a
disposition to defraud,
cheat,deceiveorbetray.It
alsoconsistsofanintent
toviolatethetruth.
1
st
Offense: DISMISSAL from the service

14. Common Examples of Dishonest Acts
•Stealing government property
•Cheating in Principal’s Test
•Fraudulent Reimbursements
•False information on applications for
promotion
•Erroneous entry on SALN
•False entries in Form 48, Form 6,
Form 212
•False entry on PDS

15. FALSIFICATION OF
OFFICIAL DOCUMENTS
To counterfeit or forge; to
make something false; to give
a false appearance to
anything. The alteration of,
addition to, or tampering
with a record or document.
1
st
Offense: DISMISSAL from the service

16. Notes on Falsification
Important Elements:
1)Malicious intent;
2) Prejudice to the Government or to an innocent third
party
Documents commonly falsified
Form48(DTR),Form212(PDS),Diploma,OTR,
Certificates,OfficialReceiptssubmittedforliquidation,
MedicalCertificates,CertificatesofAppearance,Form
137/138, Vouchers,BirthCertificates,Marriage
Certificates,DeathCertificates,PRCRatings,CSC
Eligibility

17. Notes on Falsification
Tobeadministrativelyliablefortheuseof
afalsifieddocument,itmustbeshown
thattherespondentknewofthefalsityof
thedocumentyetwentontouseit.It
mustbeshownthatrespondenthad
knowinglyintroducedinevidencea
falsifieddocument.Falsificationcannot
bepresumed.Itmustbeproved.

18. GRAVE MISCONDUCT
The transgression of
some established or
definite rule of action
more particularly
unlawful behavior or
gross negligence by the
public officer.
1
st
Offense: DISMISSAL from the service

19. Notes on Grave Misconduct
ImportantElements:1)Actmusthavebeen
committedinthecourseofofficialfunctions;2)
Eithermalainseormalaprohibita(Acrimeoran
actthatisinherentlyimmoral,suchasmurder,arson
orrape)
Common Acts constituting Grave Misconduct
ViolationofR.A.7610(ChildAbuse),R.A.7787
(SexualHarassment),R.A.3019(Anti-Graft&
CorruptPracticesAct),R.A.9184(Government
ProcurementAct)

20. GROSS NEGLECT OF DUTY
Implieswantonnegligenceand
opendisregardforone’sduties
andfunction andomission or
refusalwithoutsufficientcauses
toperformanactordutywhich
istheofficer’slegalobligation
toperform.
1
st
Offense: DISMISSAL from the service

21. Notes on Gross Neglect
**Acts grossly disadvantageous
to the government
Common Cases of Gross Neglect of Duty
Death or injury suffered by pupil in school or
during activity sanctioned by school officials
Loss or Destruction of government property
Lesson Plan

22. Inefficiency and incompetence
in the performance of
official duties
Themanifest lackofadequate
ability and fitness for the
satisfactory performance ofofficial
dutiesbyreasonoftheofficer’svice
orvicioushabit.
1
st
Offense: 6 months and 1 day to 1 year
SUSPENSION
2nd Offense: DISMISSAL from the service

23. Notes on Inefficiency & Incompetence
Inefficiency
Repeated failure
toperformone’s
officialfunctions
totheprejudiceof
thegovernmentor
thelackofability
to perform
satisfactorily
Incompetence
Manifestinability
to perform
functionsbecause
ofsickness,poor
health, vicious
habits,orutter
ignorance
Ex.
Deafness, dementia

24. GROSS INSUBORDINATION
1
st
Offense: 6 months and 1 day to 1 year
SUSPENSION
2nd Offense: DISMISSAL from the service
Adeliberateandwillful
refusaltocomplywitha
lawful orderofahigher
authority.

25. Discourtesy in the
course of official
duties
1
st
Offense: Reprimand
2
nd
Offense: 1 day to 30 days
SUSPENSION
3rd Offense: DISMISSAL from
the service

26. Notes on Discourtesy and
Insubordination
Discourtesy
Disregardofrank,
ageorgender
Committedinthe
courseoffunctions
Unbecoming a
government
employee
Insubordination
Ordermust be
lawful
Mustberelatedto
subordinate’s
function
Must be reasonable

27. WILLFUL REFUSAL TO PAY
JUST DEBTS
Only claims adjudicated by a court
of law; and
the existence and justness of which
are admitted by the debtor.
1
st
Offense: Reprimand
2
nd
Offense: 1 day to 30 days SUSPENSION
3rd Offense: DISMISSAL from the service

28. Notes on Willful Refusal
to Pay a Just Debt
Elements:
1)A court decision; or
2) Admission by Debtor; or
3) Debtor has entered
compromise agreement

29. Notes on Willful Refusal to
Pay a Just Debt
Creditorhasnostandingtoseekactionfrom
DepEdbecause1)DepEdisnotprivyto
contract/agreement;and2)DepEdisnotthe
properpartytocompelpayment.Recourse
mustbemadetotheCourtsandnottothe
DepEd,whichhasnoauthoritytoascertain
validityofclaimsbythedebtor

30. DISGRACEFUL AND IMMORAL
CONDUCT
Ateacherwhohasprofessional
andmoralobligation toleadan
exemplary lifeinthecommunity
shouldbefreefromsuspicionand
thestigmaofimmorality.
1
st
Offense: 6 months and 1 day to 1 year
SUSPENSION
2nd Offense: DISMISSAL from the service

31. Notes on Disgraceful &
Immoral Conduct
IssueofMorality
Query?
Doesapublicschoolteachercommitthis
offenseifshebecomespregnantwithoutthe
benefitofmarriage?
Whatistheliabilityofateacherifshehas
anaffairwithamarriedman?

32. What is to be presumed when an unmarried woman
becomes pregnant?
Under these tests, two things may be concluded from the fact that an
unmarried woman becomes pregnant out of wedlock:
(1)ifthefatherofthechildishimselfunmarried,thewomanisnot
ordinarilyadministrativelyliablefordisgracefulandimmoralconduct.
Itmaybeanot-so-idealsituationandmaycausecomplicationsfor
bothmotherandchildbutitdoesnotgivecauseforadministrative
sanction.Thereisnolawwhichpenalizesanunmarriedmotherunder
thosecircumstancesbyreasonofhersexualconductorproscribesthe
consensualsexualactivitybetweentwounmarriedpersons.Neither
doesthesituationcontraveneanyfundamentalstatepolicyas
expressedintheConstitution,adocumentthataccommodatesvarious
beliefsystemsirrespectiveofdogmaticorigins.

33. (2)ifthefatherofthechildbornoutof
wedlockishimselfmarriedtoawomanother
thanthemother,thenthereisacausefor
administrativesanctionagainsteitherthe
fatherorthemother.Insuchacase,the
"disgracefulandimmoralconduct"consists
ofhavingextramaritalrelationswitha
marriedperson.Thesanctityofmarriageis
constitutionallyrecognizedandlikewise
affirmedbyourstatutesasaspecialcontract
ofpermanentunion.

34. CIRCUMSTANCES
AFFECTING THE PENALTY
TO BE IMPOSED
The following circumstances shall be
appreciated:

35. 1.Physical illness;
2.Good faith;
3.Taking undue advantage of
official position;
4.Taking undue advantage of
subordinate;

36. 5.Unduedisclosure ofconfidential
information;
6.Useofgovernmentpropertyinthe
commissionofthe offense;
7.Habitually;
8.Offenseiscommittedduringoffice
hoursandwithinthepremisesof
theofficeorbuilding;
9.Education;or
10.Otheranalogouscircumstances.

37. 9.Education; or
10.Other analogous
circumstances.

38. 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)