Department of Education

ADMINISTRATIVE OFFENSES
DepEd Order No. 49, S. 2006

REVISED RULES OF PROCEDURE

OF THE
DEPARTMENT OF EDUCATION
IN ADMINISTRATIVE CASES
Remolona vs. CSC
(G.R. No. 137473, August 2, 2001)

“In administrative cases 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 and confidence in our
government.”
Section 58 – Classification of Offenses

GRAVE OFFENSES
LESS GRAVE OFFENSES
LIGHT OFFENSES
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 –
Gross neglect of duty is "characterized by the want
of even slight care, acting or omitting to act in a
situation where there is a duty to act, not inadvertently
but willfully and intentionally, with a conscious
indifference to consequences, insofar as other persons
may be affected. 
This omission of care is that which even "inattentive
and thoughtless men never fail to give to their own
property." 
In cases involving public officials, gross negligence
occurs when a breach of duty is flagrant and palpable.
G.R. No. 208976; Feb. 22, 2016
SIMPLE NEGLECT

- characterized by failure of an
employee or official to give proper
attention to a task expected of
him or her, signifying a disregard
of a duty resulting from
carelessness or indifference.
COMMON CASES OF NEGLECT

 Death or injury suffered by pupil in

school or during activity
sanctioned by school officials
 Loss or Destruction of government
property
 GRAVE OFFENSES CONT.
DISHONESTY –
It is the concealment or distortion of
truth in relation to his office or function,
which shows lack of integrity or a
disposition to defraud, cheat, deceive or
betray and intent to violate the truth.
OMB vs. Florentina Santos
(G.R. No. 166116, March 31, 2006)
It has been substantially established that
respondent SANTOS actually reported for work at
Lagro Elem. School in Quezon City. However, evidence
shows that respondent, instead of rendering the
required no. of hours of work, went to a private school
(of which she was President/Chairman) in San Jose Del
Monte, Bulacan. It is therefore clear that respondent
deliberately made it appear that she reported for work
on 20 August 1997, when in truth, she attended a
private function and was physically absent from
school. 
OMB vs. Florentina Santos
(G.R. No. 166116, March 31, 2006)

The respondent’s act of punching

her Daily Time Record constitutes
Dishonesty for making it appear
that she was present for work
when in fact she was
absent therefrom.
EXAMPLES
• Stealing government property
• Cheating in Principal’s Test
• Fraudulent Reimbursements
• False information on applications for
promotion
• Erroneous entry on SAL
• False entries in Form 48, Form 6, Form
212

• False entry on PDS

GRAVE MISCONDUCT

 Misconduct is an intentional wrongdoing or

deliberate violation of a rule of law or
standard of behavior;
 Connected with the performance his official
functions and duties;
 In grave misconduct, there is corruption, clear
intent to violate the law or flagrant disregard
of an established rule or law
G.R. No. 197745; Sept. 6, 2017
 BEING NOTORIOUSLY UNDESIRABLE

In the administrative offense of Being Notoriously

Undesirable, a two-fold test is employed, to wit:
(1) whether it is common knowledge or generally
known as universally believed to be true or
manifest to the world that the employee
committed the acts imputed against him; and (2)
whether he had contracted the habit for any of
the enumerated misdemeanors.
G.R. No. 197745; Sept. 6, 2017
CONVICTION OF A CRIME WITH
MORAL TURPITUDE

 Conviction by Final Judgment

 An act which is immoral in itself or
inherently immoral such as crimes of
sexual assault
 May not necessarily be in relation to his
function since the act is inherently evil in
itself
 CRIMES WITH MORAL TURPITUDE
1. Abduction with consent[15];
2. Bigamy[16];
3. Concubinage[17];
4. Smuggling[18];
5. Rape[19];
6. Estafa through falsification of a document[20];
7. Attempted Bribery[21];
8. Profiteering[22];
9. Robbery[23];
10. Murder, whether consummated or attempted[24];
11. Estafa[25];
12. Theft[26];
13. Illicit Sexual Relations with a Fellow Worker[27];
14. Violation of BP Bldg. 22[28];
15. Falsification of Document[29];
16. Intriguing against Honor[30];
17. Violation of the Anti-Fencing Law[31];
18. Violation of Dangerous Drugs Act of 1972 (Drug-pushing)[32];
19. Perjury[33];
20. Forgery[34];
21. Direct Bribery[35]; and
22. Frustrated Homicide[36].
FALSIFICATION OF OFFICIAL
DOCUMENT

 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.
OFFICIAL DOCUMENTS COMMONLY
FALSIFIED
 Form 48 (DTR), Form 212 (PDS), Diploma,
OTR, Certificates, Official Receipts submitted
for liquidation, Medical Certificates,
Certificates of Appearance, Form 137/138,
Vouchers, Birth Certificates, Marriage
Certificates, Death Certificates, PRC Ratings,
CSC Eligibility
DISGRACEFUL OR IMMORAL
CONDUCT

A conduct that is willful, flagrant or

shameless which shows a moral
indifference to the opinions of the
respectable members of the
community.
(Nalupia, Jr. vs. Tapec,220 SCRA 505, 1993;
Badel vs. Badel, 273 SCRA 637)
Santos vs. NLRC (G.R. No. 115795,
March 6, 1998)

“Teachers serve as example to their pupils

and act as second parents inside the school.
Thus it is only right that teachers must
adhere to the standards of morality and
decency. While there is no yardstick for
morality, a teacher should at all times
display exemplary behavior both in his
official and personal conduct.
Cont.

The personal behavior of teachers must

always be in accordance with the basic rules
of decency and proper conduct especially in
their romantic affairs.
A teacher should avoid behavior that would
create a SUSPICION of immorality because
of the possible impression it might have on
her students who look up to them as their
models.”
Physical or Mental Incapacity / Disability
due to immoral or vicious habit

 The physical or mental incapacity has

been observed for an extended period;
the incapacity impairs the employee’s
ability or capacity to work.
(Rogamos vs. MCWD, G.R. No. 156100, Sept.
12, 2007)
Inefficiency and incompetence in the
performance of official duties

Incompetence has been defined as

lack of ability, legal qualification or
fitness to discharge the required
duty, want of physical or intellectual
or moral fitness.

(Homecillo, CSC Res. No. 97-0792)

Inefficiency cont.

Inefficiency implies negligence,

incompetence, ignorance and
carelessness in his duties.

(Suroza vs. Honrado, 110 SCRA 388)

 FREQUENT UNAUTHORIZED
ABSENCES OR TARDINESS;
LOAFING DURING OFFICE HOURS
Habitual absence –
unauthorized absence exceeding
2.5 days monthly leave credit for
3 months in a semester or
3 consecutive months in a year.
(Sec. 22-q, Rule XIV, Omnibus Rules, EO 292)
TARDINESS CONT.

Habitual Tardiness – if one is late

for work, regardless of the number
of minutes, ten (10) times a month
for two (2) months in a semester or
two (2) consecutive months in a
year. (CSC Memorandum Circular No. 04, s.
1991)
REFUSAL TO PERFORM OFFICIAL
DUTY
GROSS INSUBORDINATION –
the utter disregard of lawful
directives of the employer or
superior or the refusal to obey
reasonable orders in relation to
his office or function.
CONDUCT PREJUDICIAL TO THE BEST
INTEREST OF THE SERVICE

An act which results to an undue

prejudice, damage or injury to
the interest of the service or
tends to create a disorder or
disruption in the stability of the
office or the Department.
OPPRESSION

a misdemeanor committed by a
public officer, who under color of his
office, wrongfully inflicts upon any
person any bodily harm,
imprisonment or other injury
constituting an act of cruelty, severity,
or excessive use of authority.
G.R. No. 216634; Oct. 14, 2020
 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

 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 which 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 3 offense
rd
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 CONT.

 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 CONT.

 Willful failure to pay just debts or to pay taxes

(claims adjudicated by court or those admitted
by the debtor);
 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 CONT.

 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.
FORM OF A COMPLAINT
CONTENTS OF A COMPLAINT
UNDER OATH? CERTIFICATION OR
STATEMENT OF NON-FORUM SHOPPING?
UNDER OATH? CERTIFICATION OR
STATEMENT OF NON-FORUM SHOPPING?