Article 139p. 139

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

(d) a brief statement of relevant and material facts,

accompanied by certified true copies of the documentary

evidence, if any, and sworn statements covering the

testimony of his witnesses.

SECTION 6. The withdrawal of the complaint does not

necessarily

discharge

the

respondent

from

any

administrative liability. Where there is obvious truth or

merit to the charges or complaint, the same should be

given due course.

SECTION 7. In meting out punishment, like penalties

shall be imposed for like offenses and only one penalty

shall be imposed in each case. "Each case" means one

administrative case which may involve one or more

charges or counts.

SECTION 8. The disciplining authority may impose

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.

SECTION 9. The penalty of dismissal shall carry with it

cancellation of eligibility, forfeiture of leave credits and

retirement

benefits,

and

the

disqualification

for

reemployment in the government service. Further, it may

be imposed without prejudice to criminal or civil liability.

SECTION 10. The penalty of forced resignation shall

carry with it disqualification for employment in the

government service for at least one year. However, it may

or may not contain conditions relative to the forfeiture of

leave

credits

and

retirement

benefits,

and

the

disqualification regarding reemployment in a specific

class of position.

SECTION 11. The penalty of transfer shall carry with it

disqualification for promotion for a period of six months

from the date respondent reports to the new position or

station.

SECTION 12. The penalty of suspension shall carry

with it disqualification for promotion corresponding to

the period of suspension.

SECTION 13. The penalty of demotion shall carry with

it

disqualification

for

promotion for a period of six

months.

SECTION 14. The penalty of fine shall carry with it

disqualification for promotion for a period twice the

number of days he was fined.

SECTION 15. A reprimand whether given by the Civil

Service Commission or the head of department or agency

shall be considered a penalty. However, a warning or an

admonition shall not be considered a penalty.

SECTION 16. In the determination of penalties to be

imposed, mitigating and aggravating circumstances may

be considered. Nevertheless, in the appreciation thereof,

the same must be invoked or pleaded by the proper

party, otherwise, the said circumstances shall not be

considered in the determination of the proper penalty to

be imposed against the respondent concerned.

SECTION 17. If the respondent is found guilty of two or

more charges or counts, the penalty imposed should be

that corresponding to the most serious charge or count

and

the

rest

may

be

considered

as

aggravating

circumstances.

SECTION 18. The imposition of the penalty shall be

made in accordance with the manner herein below

detailed, provided the penalty attached to the offense is

divisible into minimum, medium, and maximum, to wit:

(a) The minimum of the penalty shall be imposed

where only mitigating and no aggravating circumstances

are present;

(b) The medium of the penalty shall be imposed

where no mitigating and aggravating circumstances are

present or when both are present they equally offset each

other;

(c) The maximum of the penalty shall be imposed

where only aggravating and no mitigating circumstances

are present;

(d) Where aggravating and mitigating circumstances

are present, the minimum of the penalty shall be applied

where there are more mitigating circumstances present;

the medium period if the circumstances equally offset

each other; and the maximum where there are more

aggravating circumstances.

SECTION 19. The penalty of transfer, or demotion, or

fine may be imposed instead of suspension from one

month and one day to one year except in case of fine

which shall not exceed six months.

SECTION 20. The penalty of fine may be imposed

instead of suspension from one day to one month.

SECTION

21.

In

meritorious

cases

and

upon

recommendation of the Commission, the President may

commute

or

remove

administrative

penalties

or

disabilities

imposed

upon

officers

or

employees

in

disciplinary cases, subject to such terms and conditions

as he may impose in the interest of the service.

SECTION

22.

Administrative

offenses

with

its

corresponding penalties are classified into grave, less

grave, and light, depending on the gravity of its nature

and effects of said acts on the government service.

The following are grave offenses with corresponding

penalties:

(a) Dishonesty

1st Offense — Dismissal

(b) Gross neglect of duty

1st Offense — Dismissal

(c) Grave misconduct

1st Offense — Dismissal

(d) Being notoriously undesirable

1st Offense — Dismissal

(e) Conviction of a crime involving moral turpitude

1st Offense — Dismissal

(f) Falsification of official document

1st Offense — Dismissal

(g) Physical or mental incapacity or disability due to

vicious habits

1st Offense — Dismissal

(h) Engaging directly or indirectly in partisan political

activities by one holding non-political office

1st Offense — Dismissal

(i) 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 of

expectation of receiving a favor or better treatment than

that

accorded to other persons or committing acts

punishable under the anti-graft laws

1st Offense — Dismissal

(j) Contracting loans of money or other property from

persons with whom the office of the employee has

business relations

1st Offense — Dismissal

(k) 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

giver

and

receiver

and

the

motivation. A thing of monetary value is one which is

evidently or manifestly excessive by its very nature.

© Compiled by RGL

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