Article 98p. 98

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

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;

(10) Conviction of a crime involving moral turpitude;

(11)

Improper

or

unauthorized

solicitation

of

contributions

from

subordinate

employees

and

by

teachers or school officials from school children;

(12) Violation of existing Civil Service Law and rules or

reasonable office regulations;

(13) Falsification of official document;

(14) Frequent unauthorized absences or tardiness in

reporting for duty, loafing or frequent unauthorized

absences from duty during regular office hours;

(15) Habitual drunkenness;

(16) Gambling prohibited by law;

(17) Refusal to perform official duty or render overtime

service;

(18) Disgraceful, immoral or dishonest conduct prior to

entering the service;

(19) Physical or mental incapacity or disability due to

immoral or vicious habits;

(20)

Borrowing

money

by

superior

officers

from

subordinates

or lending by subordinates to superior

officers;

(21) Lending money at usurious rates of interest;

(22) Willful failure to pay just debts or willful failure to

pay taxes due to the government;

(23) Contracting loans of money or other property

from persons with whom the office of the employee

concerned has business relations;

(24) Pursuit of private business, vocation or profession

without the permission required by Civil Service rules and

regulations;

(25) Insubordination;

(26) Engaging directly or indirectly in partisan political

activities by one holding a non-political office;

(27) Conduct prejudicial to the best interest of the

service;

(28) Lobbying for personal interest or gain in legislative

halls or offices without authority;

(29) 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;

(30) Nepotism as defined in Section 60 of this Title.

(c) Except when initiated by the disciplining authority,

no complaint against a civil service official or employee

shall be given due course unless the same is in writing

and subscribed and sworn to by the complainant.

(d) In meting out punishment, the same penalties

shall be imposed for similar offenses and only one penalty

shall be imposed in each case. The disciplining authority

may impose the penalty of removal from the service,

demotion in rank, suspension for not more than one year

without pay, fine in an amount not exceeding six months'

salary, or reprimand.

SECTION

47.

Disciplinary

Jurisdiction .

—

(1)

The

Commission shall decide upon appeal all administrative

disciplinary cases involving the imposition of a penalty of

suspension for more than thirty days, or fine in an

amount exceeding thirty days' salary, demotion in rank or

salary or transfer, removal or dismissal from office. A

complaint may be filed directly with the Commission by a

private citizen against a government official or employee

in which case it may hear and decide the case or it may

deputize any department or agency or official or group of

officials to conduct the investigation. The results of the

investigation shall be submitted to the Commission with

recommendation as to the penalty to be imposed or

other action to be taken.

(2)

The

Secretaries

and

heads

of

agencies

and

instrumentalities,

provinces,

cities

and

municipalities

shall have jurisdiction to investigate and decide matters

involving

disciplinary

action

against

officers

and

employees under their jurisdiction. Their decisions shall

be final in case the penalty imposed is suspension for not

more than thirty days or fine in an amount not exceeding

thirty days' salary. In case the decision rendered by a

bureau or office head is appealable to the Commission,

the same may be initially appealed to the department

and finally to the Commission and pending appeal, the

same shall be executory except when the penalty is

removal, in which case the same shall be executory only

after confirmation by the Secretary concerned.

(3) An investigation may be entrusted to regional

director or similar officials who shall make the necessary

report and recommendation to the chief of bureau or

office or department within the period specified in

Paragraph (4) of the following Section.

(4) An appeal shall not stop the decision from being

executory, and in case the penalty is suspension or

removal, the respondent shall be considered as having

been under preventive suspension during the pendency

of the appeal in the event he wins an appeal.

SECTION 48. Procedures in Administrative Cases

Against

Non-Presidential

Appointees .

—

(1)

Administrative proceedings may be commenced against

a subordinate officer or employee by the Secretary or

head

of

office of equivalent rank, or head of local

government, or chiefs of agencies, or regional directors, or

upon sworn, written complaint of any other person.

(2) In the case of a complaint filed by any other

persons, the complainant shall submit sworn statements

covering

his

testimony

and

those

of

his

witnesses

together with his documentary evidence. If on the basis

of such papers a prima facie case is found not to exist, the

disciplining authority shall dismiss the case. If a prima

facie case exists, he shall notify the respondent in writing,

of the charges against the latter, to which shall be

attached copies of the complaint, sworn statements and

other documents submitted, and the respondent shall be

allowed not less than seventy-two hours after receipt of

the complaint to answer the charges in writing under

oath, together with supporting sworn statements and

documents, in which he shall indicate whether or not he

elects

a

formal

investigation

if

his

answer

is

not

considered satisfactory. If the answer is found satisfactory,

the disciplining authority shall dismiss the case.

(3) Although a respondent does not request a formal

investigation, one shall nevertheless be conducted when

from the allegations of the complaint and the answer of

the respondent, including the supporting documents,

the merits of the case cannot be decided judiciously

without conducting such an investigation.

(4) The investigation shall be held not earlier than five

days nor later than ten days from the date of receipt of

respondent's answer by the disciplining authority, and

shall be finished within thirty days from the filing of the

charges,

unless

the

period

is

extended

by

the

Commission in meritorious cases. The decision shall be

rendered by the disciplining authority within thirty days

from the termination of the investigation or submission

of the report of the investigator, which report shall be

submitted within fifteen days from the conclusion of the

investigation.

(5) The direct evidence for the complainant and the

respondent shall consist of the sworn statement and

documents submitted in support of the complaint or

answer, as the case may be, without prejudice to the

presentation of additional evidence deemed necessary

but was unavailable at the time of the filing of the

© Compiled by RGL

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