CSC Laws and Regulations

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Adopted from:
Civil Service Manual Employee Conduct and
Discipline
Fundamentals of Employee Discipline
Types and Classification of Offenses
Administrative Proceedings
CSC Omnibus Rules on Discipline
Reporter: Charice Praise Toledo
Norhac Kali
MPA 467
Human Resource Management
CSC Laws and Regulations

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Discipline generally refers to a person’s self-control, character, or
orderliness and efficiency usually developed through training. In a large
organization like the government, discipline serves as a mechanism for control
of the temperament, interest and action of people within the organization.
Discipline helps coordinate government goals and public interests.
One basic policy of government concerning employee conduct and
discipline states: Public office is a public trust. Public officer and employees
must at all time be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act with patriotism and justice,
and lead modest lives”.
FUNDAMENTALS OF EMPLOYEE DISCIPLINE

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Government officers and employees like you are therefore, obliged to
prove that you are deserving of the people’s trust. Trust forms the basis of your
employment and tenure in public service. Once this trust is broken, you as well
as other government officers and employees are held liable. You are
answerable for your misconduct to the people for whom the government
derives its power. The people’s taxes sustain your salaries and other benefits.
You are mere custodians or stewards of public office. You cannot hold on to
your public positions as you please. You must live by the rules, regulations,
norms, conduct and discipline that are at all times expected of public servants.
Public interest come first and foremost, rising well above personal goals.

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Employee Discipline
Good discipline is a process of education in which punishment is
resorted to only when no other recourse is open. At the same time it deters
others from committing unwanted conduct and behavior.
This is the very same reason behind developmental policy of the
government “to emphasize the positive rather than the punitive aspect of
personnel discipline.” This further means that if you are administratively
disciplined, the object is not primarily to punish you but to improve public
service and to preserve the people’s faith and confidence in their government.
The positive aspect of personnel discipline supports development of values,
skills and attitudes. Giving due recognition and rewards to you and other
officers and employees who contribute significantly to public service goals
and objectives reinforces this brand of discipline.
Employee Discipline

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Positive or preventive discipline educates and instills in you the value of
exemplary performance, quality outputs and high standards of behavior.
Negative or punitive discipline breeds fear and threat of punishment and often
forces you to obey orders. This kind of discipline lapses into autocracy and
makes you act only to avoid penalty. In this way you lack motivation and
fulfillment in your work.
The power to discipline, investigate and decide matters involving
disciplinary action against you and other officers and employees rests on the
heads of departments, agencies and instrumentalities, provinces, cities and
municipalities. However, this power to discipline officers and employees does
not exempt the heads of offices from any accountability to the public. As
discussed earlier, “all” includes elective or appointive officials and employees.
In fact, even the President, the Vice president, the Members of the Supreme
Court, the Members of the Constitutional Commissions, and the Ombudsman
may be removed from office, by impeachment for:

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1. culpable violation of the Constitution;
2. treason;
3. bribery (direct or indirect);
4. other high crimes;
5. graft and corruption; or
6. betrayal of public trust.
In such cases, the Houses of Representatives has the exclusive power
to initiate all cases of impeachment. The Senate meanwhile has the sole power
to try and decide all cases of impeachment. This principle of check and
balance in the three branches of government amplifies the accountability of
public officials and employees to the public.

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One law relevant to employee conduct and discipline is the Anti-
Graft and Corrupt Practices Act or Republic Act No. 3019 as amended by
Parliamentary Bill No. 453.
Another related law is P.D. No. 1606, creating a special anti-graft
court known as Sandiganbayan. The Sandiganbayan was set up to try
graft and corruption cases involving public officials and employees. This
court has jurisdiction over civil and criminal cases involving graft and
corrupt practices and such other offenses committed by public officers
and employees. Meanwhile another law, P.D. 1607 created the
Tanodbayan. However, the 1987 Philippine Constitution changed the
Title of Tanodbayan to the Office of the Special Prosecutor. It will
continue to function and exercise its powers as previously provided,
except those conferred on the office of the Ombudsman created under this
Constitution. The Tanodbayan is now known as the Ombudsman.

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The Ombudsman and his Deputies, as protectors of the people, are
tasked to act promptly on complaints filed in any form or manner against
public officials or employees of the government, or any its subdivision, agency
or instrumentality, including government-owned or controlled corporations.
Similarly, the general policy on employee conduct and discipline states,
“No officer or employee in the civil service shall be removed or suspended
except for cause as provided by law and after due process.”
This means that you cannot be removed or suspended without having a
chance to defend yourself. However, you can invoke security of tenure as long
as you are competent, honest and productive. If you violate the norms of
acceptable behavior befitting a government officer and employee, you may be
separated from the service.

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As discussed earlier, public officials and employees are guided by rules,
regulations, norms of conduct and ethical standards. As part of your general
duties and responsibilities, you must:
1. Take an oath or affirmation to uphold and defend the
Philippine Constitution;
2. Submit a declaration under oath, of your assets, liabilities
and net worth and a disclosure of business interests and
financial condition, including those of your spouse and unmarried
children under 18 years of age who are living in your
household.
3. Show allegiance to the State and the Constitution;
4. Act promptly on letters and requests or respond to letters,
telegrams or other means of communications sent by the
public within fifteen working days from receiving them. The
reply must contain the action taken;

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5. Process official documents and papers within a reasonable
time from their preparation, an the reply must contain, as far
as practicable, not more than three signatories;
6. Act immediately on the public’s personal transactions. You
must attend to whoever wants the services of your office and
must at all times render prompt, adequate and courteous
service;
7. Make documents accessible to and readily available for
inspection by the public within reasonable working hours; and
8. Resign from your position in any private business enterprise
within 30 days from your assumption of office and or/or divest
yourself of share holdings or interests in the company within 60
days from such assumption of office.
Divestment must be to a persons other than your spouse and
relatives within the fourth civil degree of consanguinity or affinity.

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NORMS OF CONDUCT
Pursuant to RA 6713*, the norms of conduct of public officials and
employees that you must observe in the performance of your official
duties are as follows:
1. Commitment to Public Interest. Always uphold the public interest over
and above your personal interest. All government resources and powers of
your office must be used efficiently, effectively, honestly and
economically, to avoid waste of public funds and revenues.

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2. Professionalism. Perform your duties with the highest degree of excellence,
intelligence and skill. You must serve with utmost devotion and dedication to
duty. You must also endeavor to discourage wrong perceptions of your role as
dispenser or peddler of undue patronage.
3. Justness and Sincerity. Remain true to the people at all times. Be honest,
just and sincere. Do not discriminate against anyone, especially the poor and
underprivileged. You are expected to respect at all times the rights of others
and to be honest in all your transactions. Refrain from doing acts contrary to
law, good morals, good customs, public policy, public order, public safety and
public interest. You are not to dispense or extend undue favors on account of
your office to your relatives except with respect to appointments of such
relatives to positions considered strictly confidential or as members of your
personal staff whose terms are coterminous with yours.

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4. Political Neutrality. Provide service to everyone, without unfair
discrimination and regardless of party affiliation or preference.
5. Responsiveness to the Public. Extend prompt, courteous, and adequate
service to the public. Unless otherwise provided by law or when required
by the public interest, provide information on policies and procedures in
clear and understandable language. Ensure openness of information by
public consultations and hearings whenever appropriate. Encourage
suggestions, simplify and systematize policies, rules and procedures, and
avoid red tape. Lastly, develop an understanding and appreciation of the
socio-economic conditions prevailing in the country, especially in
depressed rural and urban areas.

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6. Nationalism and Patriotism. Be loyal at all times to the Republic and to the
Filipino people, promote the use of locally-produced goods, resources and
technology and encourage appreciation and pride of country and people. You
must endeavor to maintain and defend Philippine sovereignty against foreign
intrusion.
7. Commitment to Democracy. Commit your self to the democratic way of life
and values, maintain and/or observe the principle of public accountability, and
manifest by deeds the supremacy of civilian authority over the military. You
must at all times uphold the Constitution and put loyalty to country above loyalty
to person or party
8. Simple Living. You and your family are expected to lead modest lives
appropriate to your position and income. Do not indulge in extravagant or
ostentatious display of wealth in any form.

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TYPES AND CLASSIFICATION OF OFFENSES
AND APPLICATION OF PENALTIES
Grave offense is usually punishable by dismissal for your first offense.
Less grave offense carries a penalty of suspension for one month and one
day to six months. The second time you commit the same offense, you will
be dismissed from the service.
Light offense is meted the penalty of reprimand, suspension for one to
thirty days and dismissal for the first, second, and third offense,
respectively.
 Like penalties will be imposed for light offenses. This means that if you are
penalized by reprimand for the first offense of gambling, the same penalty
will be imposed on Juan if the latter is charged and found guilty of the
same infraction for the first time.
TYPES AND CLASSIFICATION OF OFFENSES

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 One penalty will be imposed in each case. “Each case” means one
administrative case which may involve one or more charges or counts.
Suppose you are charged with gross discourtesy in the course of official duties,
refusal to render overtime and violation of reasonable office rules and
regulations. These three offenses if committed simultaneously constitute one
administrative case. You will be meted only one penalty for the three offenses.
 Penalties that may be imposed in administrative cases are:
A Under Executive Order No. 292 and Sec. 22 Rule XIV of the Civil Service
Omnibus Rules
1. Dismissal

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2. Forced resignation
3. Transfer
4. Demotion
5. Suspension
6. Fine
7. Reprimand
B. Under R.A. 6713
1. Administrative Penalties
a. fine not exceeding six months salary

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b. suspension not exceeding one year
c. dismissal
2. Criminal Penalties
a. fine not exceeding five thousand pesos
b. imprisonment not exceeding five years
c. imprisonment not exceeding five years and fine not exceeding
five thousand pesos
d. disqualification to hold public office

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 In deciding penalties to be imposed, mitigating and aggravating
circumstances may be considered. Hence, aggravating circumstances are
circumstances that make worse or more severe the infraction of your
offense. Mitigating circumstances, on the other hand, are circumstances
that make less severe the infraction of your offense. In the previous
example cited (If you are charged with three offenses), You will be
charged with one administrative case for the three offenses will be
considered aggravating circumstances.
 If you are found guilty of two or more charges or of two or more counts,
the penalty imposed should be that one corresponding to the most serious
charge or count and the rest may be considered as aggravating
circumstances. Again, in the example cited above, the penalty to be
imposed on you is the penalty for less grave offense because gross
discourtesy in the course of official duties is a less grave

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offense and the most serious charge against you. Violation of reasonable
office rules and regulations and refusal to render overtime classified under
light offenses. They will only be considered aggravating circumstances to
your other offense.
Mitigating circumstances include:
a. physical illness
b. good faith
c. length of service in the government
d. analogous circumstances

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Aggravating circumstances include:
a. taking advantage of official position
b. taking undue advantage of subordinate
c. undue disclosure of confidential information
d. use of government property in the commission of offense
e. habituality
f. offense is committed during office hours and within the premises of the
working office or building
g. employment of fraudulent means to commit or conceal the offense
h. analogous circumstances

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 The disciplining authority may impose on you the penalty of
removal/dismissal from the service, forced resignation with or without
prejudice to benefits, demotion in rank, suspension for not more than one
year without pay, fine in an amount not exceeding six months salary,
transfer or reprimand.
 The penalty or dismissal entails cancellation of your eligibility, forfeiture
of your leave credits and retirement benefits, and disqualification for
reemployment in the government service. Dismissal does not preclude
your criminal or civil liability.
 The penalty of forced resignation entails your disqualification for
employment in the government service for at least one year. However, it
may or may not contain conditions concerning forfeiture of your

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leaves credits and retirement benefits, and disqualification for your
reemployment in a specific class of position.
 The penalty of transfer, or demotion, or fine may be imposed on you
instead of suspension from one month and one day to one year, except in
case of fine which will not exceed six months.
 The penalty of fine may be imposed instead of suspension from one day
to one month.
 The penalty of reprimand whether given by the Civil Service Commission
or the head of department or agency is considered a penalty. However, a
warning or an admonition is not considered a penalty.

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 Reprimand does not include any accessory penalty nor entail the
forfeiture of leave credits, retirement benefits and bonuses that may be
granted.
 In meritorious cases and upon recommendation of the Commission, the
President may commute or remove administrative penalties or disabilities
imposed upon you in disciplinary cases, subject to such terms and
conditions as he/she may impose in the interest of the service.

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RECENT POLICIES ON ADMINISTRATIVE
OFFENSES AND APPLICATION OF PENALTIES
Among the most recent issuances on administrative offenses and
application of penalties that have wider application and relevance to
various agencies of the government are:
1. Attendance and Punctuality Pursuant to CSC Res. No. 97-0406,
heads of agencies can promulgate their own internal rules and regulations
on attendance and punctuality so that you and other employees can incur
less absence and tardiness than the frequency allowed, as discussed in the
succeeding paragraphs.
RECENT POLICIES ON ADMINISTRATIVE OFFENSES

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Violations of the rules issued by heads of offices shall constitute the
offense of Violation of Reasonable Office Rules and Regulations,
punishable with reprimand on the first offense, suspension for one (1) to
thirty (30) days on the second, offense, and dismissal on the third offense.
You will be considered habitually absent if you incur unauthorized
absences exceeding the allowable 2.5 days monthly leave credit under the
Leave Law for at least three months in a semester or at least three
consecutive months during the year.
This means that the maximum number of months you can exceed
the 2.5 days monthly leave credit limit in a single semester is two months
to avoid being considered as an offender or habitual absenteeism.

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Absences exceeding 2.5 days per month backed by a approved leave of
absence do not constitute habitual absenteeism.
You will be considered habitually tardy if you incur tardiness, regardless
of the number of minutes, exceeding ten (10) times a month for at least two (2)
consecutive months during the year.
This means that if you have already been tardy twelve times in a month
in a semester, the maximum number of tardiness you will incur for the
succeeding month is only ten times so you will not be considered habitually
tardy. Further, you should not be late more than ten times in the month of July
if you already incurred ten times or more tardiness in June of the same year.

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2. Nepotism is now a grave offense punishable by dismissal. Nepotism or
prohibited appointments made in favor of relatives in government can be
a ground for administrative disciplinary action and criminal prosecution.
As a grave offense, it is punishable by dismissal from the service even for
the first offense.
Nepotism means appointing relatives and members of the family within
the third degree of consanguinity or affinity of the appointing or
recommending authority, or of the chief of the bureau or office, or of the
persons exercising immediate supervision over the appointee. Original,
transfer, re-employment and promotional appointments regardless of
status are subject to nepotism.

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Exempted from the rules on nepotism are: (a) persons employed in
a confidential capacity; (b) teachers; (c) physicians (d) members of the
Armed Forces of the Philippines.
There are no restriction for a member of any family who, after his
or her appointment to any position in an office or bureau, contracts
marriage with someone in the same office or bureau. Thus, both husband
and wife may be employed or retained.

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3. Sexual Harassment by another employee or officer now constitutes a
ground for disciplinary action. It is a grave offense and subject to
dismissal from the service.
Sexual harassment is one of series of incidents involving unwelcome sex
advance, requests for sexual favors or other verbal or physical conduct of
sexual nature, made directly, indirectly and implied when: (1) such
conduct might reasonably be expected to cause insecurity discomfort,
offense or humiliation to another person or group; or

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(2) submission to such conduct is made either implicitly or explicitly a
condition of employment, or any opportunity for training or grant of
scholarship; or (3) submission to rejection of such conduct is used as a
basis for any employment decision (including, but not limited to, matters
of promotion, raise in salary, job security and benefits affecting the
employee); or (4) such conduct has the purpose or the effect of interfering
with a person’s work performance, or creating and intimidating, hostile or
offensive work environment.
You may be placed under preventive suspension while an investigation is
going on if the charge against you involves dishonesty, oppression or
grave misconduct or neglect in the performance of duty, or if there are
reasons to believe that you are guilty of charges that warrant your removal
from the service.

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Preventive suspension is not a punishment for your misconduct in
office but considered a preventive measure. It is not considered part of the
actual penalty of suspension imposed upon you, if found guilty.
You can be suspended for a period of not exceeding ninety (90)
days. After 90 days, you will be automatically reinstated even if the
investigation has not been terminated. But when the delay in the
disposition of the case is due to your fault, negligence or your petition, the
period of delay will not be included in the accounting of the 90 calendar-
day suspension.

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ADMINISTRATIVE PROCEEDINGS
The head of agency may initiate administrative proceedings against a
subordinate officer or employee like you upon sworn, written
statement/complaints of any other person.
The Commission, meanwhile has original jurisdiction over all
government officials and employees and can take disciplinary action on all
cases involving:
 Complaints filed before it and those unacted upon by the agencies;
 Civil service examination anomalies; and
 Such other complaints requiring direct action in the interest of justice.
Administrative cases within the Commission’s jurisdiction can also be filed
with any of the Civil Service Regional Office concerned.
ADMINISTRATIVE PROCEEDINGS

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No action is taken on anonymous complaint, unless there is obvious
truth of merit to such allegations. Hence, you will not be required to
answer or comment on anonymous complaint.
The disciplining authority through the complainant’s sworn
statement determines if there is a prima facie case.
A prima facie case means that there is sufficient evidence that you
are probably guilty of an offense and if not refuted by other evidence
becomes conclusive that you are guilty.
If the disciplining authority does not find a prima facie case, the
complaint is dismissed.

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If a prima facie case exists, the disciplining authority will notify you of
the charges against you. He can also issue a formal charge against you.
If you have been formally charged, you will be directed to answer such
charges and you will be informed of your right under existing laws and rules.
Preliminary investigation is an inquiry or proceeding to submit your affidavit
and counter affidavits as well as those of your witness(es).
You as a respondent, is given by the disciplining authority not less than
72 hours or three days to submit an answer to the charges. The answer must be
in writing and under oath. Supporting documents and sworn statements may
also be submitted. If your answer is satisfactory, the disciplining authority will
dismiss your case.

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In your answer, you will indicate whether or not you elect a formal
investigation of the case.
Although you do not request a formal investigation, one should
nevertheless be conducted by the disciplining authority when the merits of
the case cannot be decided judiciously without conducting such
investigation.
The investigation will be held not earlier than five days nor later
than ten days from the date of receipt of your answer. The investigation
will be completed within thirty (30) days from the filing of the charges,
unless the period is extended by the Commission in meritorious cases.

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You (and/or the either party) may avail of the services of a counsel
and may require the attendance of a witness or the production of
documents. You will make a request for the issuance of the necessary
subpoena or subpoena duces tecum at least three (3) days before the
scheduled hearing.
The investigation will be conducted to find out the truth, without
necessarily adhering to technical rules applicable in judicial proceedings.
It will be conducted by the disciplining authority concerned or authorized
representative.
The decision will be rendered by the disciplining authority within
thirty (30) days from the termination of the investigation or receipt of the
report of investigation, together with the complete records of your case.

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The report will be submitted within fifteen (15) days after the conclusion
of the formal investigation.
If you feel aggrieved by the decision of the disciplining authority,
you may file a petition with the agency for a reconsideration of the
decision. If still not satisfied with the decision of the head of agency, you
may file an appeal with the Commission. However, the decision of head
of agency is final if the penalty imposed is suspension for not more than
thirty (30) days or fine not exceeding 30 days salary.

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CIVIL SERVICE COMMISSION
Appeals
Decisions of heads of departments, agencies and provinces, cities,
municipalities, and other instrumentalities imposing penalties exceeding thirty
days suspension or fine in an amount exceeding 30 days salary, may be
appealed to the Civil Service Commission within 15 days from receipt of a
copy of the decision.
You will pay a fee at least Php 100 for an appeal filed with the
Commission.
A motion for reconsideration may also be filed by the party adversely
affected by the decision of the Commission within 15 days from receipt of the
decision.
CIVIL SERVICE COMMISSION

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When your penalty is dismissal, it is executory only after the
confirmation by the Department Secretary concerned.
Judicial Review
Final decisions or orders of the Civil Service Commission are
appealable to the Court of Appeals. Hence, if you are not satisfied with the
decision of the Commission, you may file an appeal by filing a petition for
review with the Court of Appeals within fifteen (15) days from notice of final
order or resolution.
The final decision of the CSC are immediately executory if no petition
for review is reasonably filed.
if you feel aggrieved with the decision of the Court of Appeals, you
may still go to the Supreme Court as final arbiter of your case.

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First Stage
Filing of the complaint
Determining the existence of
a prima facie case
In case a prima facie
case exists, formal
charge shall be issued
If there is no prima facie
case exists, the case
shall be dismissed
DOCUMENT and FLOW PROCESS CHART
of ADMINISTRATIVE PROCEEDINGS in DISCIPLINARY CASES

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Second Stage
Issuance of a formal charge
If the answer is
satisfactory, the case
shall be dismissed
Filing of an answer
If the answer is
unsatisfactory, a
formal investigation
shall be conducted
Issuance of a Preventive
Suspension Order,
If necessary

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Third Stage
Pre hearing conference
Conduct of formal investigation
Rendition of Decision
Guilty Not Guilty
Motion for reconsideration
on agency’s decision is filed
Dismissal of the case
Appeal on the agency’s
decision is filed with the
Commission
Motion for reconsideration
of the Commission’s decision
is filed with the Commission
Petition for review is filed
with the Court of Appeals,
If still dissatisfied with the
Commission’s decision.

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THANK YOU
HAVE A GOOD DAY!!!

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