administrative rules and procedures

7/21/2019 Administrative Rules and Procedures

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Administrative Rules

and proceduresRepublic Act 6713 and other relevant laws



OUTLINE

I. INTRODUCTION

II. NORMS OF CONDUCT OF PUBLIC OFFICIALS ANDEMPLOYEES.

III. DUTIES OF PUBLIC OFFICIALS AND EMPLOYEES.

IV. JURISDICTION

V. PROHIBITED ACTSVI. PROCEDURE



Public office i ! "ublic #$u#.

"Public ofce is a public trust. Publicofcers and employees must at all timesbe accountable to the people, serve themwith utmost responsibility, integrity,loyalty, and efciency, act with patriotism

and justice and lead modest lives."

%A$#. &I' Accou(#!bili#) of Public Office$*



Republic Act 6713

AN ACT ESTABLISHIN+ A CODE OF CONDUCT AND ETHICALSTANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES'

#o u",ol- #,e #ie/,o(o$e- "$i(ci"le of "ublic officebei(0 ! "ublic #$u#' 0$!(#i(0 i(ce(#i1e !(- $e2!$- fo$e3e"l!$) e$1ice' e(ue$!#i(0 "$o,ibi#e- !c# !(-#$!(!c#io( !(- "$o1i-i(0 "e(!l#ie fo$ 1iol!#io( #,e$eof!(- fo$ o#,e$ "u$"oe



Revised Rules on Administrative Cases in the Civil Servi

ce

Rule of procedure governing the disposition

of Administrative Cases

Department f !ducation rder "# Series of $%%6

Rule of procedure governing the disposition

of Administrative Cases in the Department of !ducation

https://cscro6.wordpress.com/must-read-laws-and-rules/revised-rules-on-administrative-cases-in-the-civil-service/






NORMS OF CONDUCT OF PUBLIC OFFICIALS ANDEMPLOYEES

4. Coi#e(# #o "ublic i(#e$e#

5. P$ofeio(!li

6. Ju#(e !(- i(ce$i#)

7. Poli#ic!l (eu#$!li#)

8. Re"o(i1e(e #o #,e "ublic

9. N!#io(!li !(- "!#$io#i

:. Coi#e(# #o -eoc$!c)

;. Si"le li1i(0



DUTIES OF PUBLIC OFFICIALS ANDEMPLOYEES

4. Ac# "$o"#l) o( le##e$ !(- $e<ue#.

5. Subi# !((u!l "e$fo$!(ce $e"o$#

6. P$oce -ocue(# !(- "!"e$ e3"e-i#ioul)

7. Ac# ie-i!#el) o( #,e "ublic= "e$o(!l#$!(!c#io(



JURISDICTION

&he authorit' to hear and decide cases and the power or (urisdiction t

institute disciplinar' actions in administrative cases is lodged onl' on t

disciplinar' authorit' to which such power is vested b' law) Absent suc

basis the power to discipline cannot be e*ercised)

+eads of agencies have (urisdiction to investigate and discipline the

officials and emplo'ees) +owever, heads of agencies ma' delegate t

to investigate to their subordinates and (ust wait the recommendatwhich will be made afterwards)-Sec) "7, par) $ and 3, ! $#$.)

U(-e$ RA 79:>' #,e -ici"li(!$) ?u$i-ic#io( o1e$ "ublic c,ool #e$e# e3clui1el) o( De"E-) - Armand Fabella, et al. vs. CA, $/$ SC

http://www.lis.dar.gov.ph/home/document_view/3444

http://www.lis.dar.gov.ph/home/document_view/3444



PROHIBITED ACTS@-nder 67132 CD! C4DC& A4D !&+5CA S&A4DARDS R 85C 5C5AS A4D !9:!!S.

%!* Fi(!(ci!l !(- !#e$i!l i(#e$e#.

ublic officials and emplo'ees shall not, directl' or indirectl',

financial or material interest in an' transaction re;uiring the a

their office)

Also punishable under2

Revised penal Code

Anti<=raft and Corrupt ractices Act -RA 3%1#.



PROHIBITED ACTS@-nder 6713.

%b* Ou#i-e e"lo)e(# !(- o#,e$ !c#i1i#ie $el!#e- #,e$e#o)

< ublic officials and emplo'ees during their incumbenc' shall not2 -1. wn, control, manage or accept emplo'ment as officer, emplo'ee

counsel, bro>er, agent, trustee or nominee in an' private enterprise

supervised or licensed b' their office unless e*pressl' allowed b' law

-$. !ngage in the private practice of their profession unless authori@e

Constitution or law, provided, that such practice will not conflict or with their official functions? or

-3. Recommend an' person to an' position in a private enterprise wh

or pending official transaction with their office)

These prohibitions shall continue to apply for a period of one (1)

resignation, retirement, or separation from public office




-c. Diclou$e !(-o$ iue of co(fi-e(#i!l i(fo$!#io(.

< ublic officials and emplo'ees shall not use or divulge, confidentia

or classified information officiall' >nown to them b' reason of their

office and not made available to the public, either2

-1. &o further their private interests, or give undue advantage to

an'one? or

-$. &o pre(udice the public interest)




%-* Solici#!#io( o$ !cce"#!(ce of 0if#.

< ublic officials and emplo'ees shall not solicit or accept, directl' o

indirectl', an' gift, gratuit', favor, entertainment, loan or an'thing

monetar' value from an' person in the course of their official duties

in connection with an' operation being regulated b', or an' transact

which ma' be affected b' the functions of their office)



PROHIBITED ACTS@-nder R!5S!D R!S 4 AD9545S&RA&5! CAS!S 54 &+! C55 S!R5C! -RRACS..

+RAVE OFFENSES1) punishable b' dismissal

$) punishable b' suspension of si* -6. months and one -1. da' to one -1. 'e

first offense and dismissal from the service for the second offense

LESS +RAVE OFFENSES

punishable b' suspension of one -1. month and one -1. da' suspension to s

months for the first offense? and dismissal from the service for the second

LI+HT OFFENSES

punishable b' reprimand for the first offense? suspension of one -1. to thi

for the second offense? and dismissal from the service for the third offens



PROHIBITED ACTS@-nder RRACS.

=RA! !4S!S 45S+A8! 8: D5S95SSA

Serious Dishonest'?

=ross 4eglect of Dut'?

=rave 9isconduct?

8eing 4otoriousl' ndesirable?

Conviction of a crime involving moral turpitude? B

alsification of official document?

h'sical or mental incapacit' or disabilit' due to immoral or vic

habits?




=RA! !4S!S 45S+A8! 8: D5S95SSA

=raft and Corruption?

Contracting loans of mone' or other propert' from persons with

whom the office of the emplo'ee has business relations?

8riber'?

4epotism? and Dislo'alt' to the Republic of the hilippines and to

the ilipino people)




=RA! !4S!S punishable b'2

irst ffense2 Suspension of si* -6. months and one -1. da' to one -1

Second ffense2 Dismissal

ess serious dishonest'?

ppression?

Disgraceful and immoral conduct? 5nefficienc' and incompetence in the performance of official duti

re;uent unauthori@ed absences, or tardiness in reporting for dut'

from dut' during regular office hours?

Refusal to perform official dut'?

=ross 5nsubordination?







Disclosing or misusing confidential or classified information officia

himher b' reason of hisher office and not made available to the

further hisher private interests or give undue advantage to an'on

pre(udice the public interest? btaining or using an' statement filed under the Code of Conduct

Standards for ublic fficials and !mplo'ees for an' purpose cont

morals or public polic' or an' commercial purpose other than b' n

communications media for dissemination to the general public







Recommending an' person to an' position in a private enterprise

regular or pending official transaction with hisher office, unless

recommendation or referral is mandated b' -1. law, or -$. interna

agreements, commitment and obligation, or as part of the functiooffice)

PRO B D AC S




!SS =RA! !4S!S punishable b'2

irst ffense2 Suspension of one -1. month and one -1. da' suspension to

monthsSecond ffense2 Dismissal

Simple 4eglect of Dut'?

Simple 9isconduct?

Discourtes' in the course of official duties?

iolation of e*isting Civil Service aw and rules of serious nature?

5nsubordination?

+abitual Drun>enness?

nfair discrimination in rendering public service due to part' affiliatio

preference?

PROHIBITED ACTS




!SS =RA! !4S!S punishable b'2

irst ffense2 Suspension of one -1. month and one -1. da' suspensio

monthsSecond ffense2 Dismissal

ailure to file SA4?

ailure to resign from hisher position in the private business ente

within thirt' -3%. da's from assumption of public office when con

interest arises, andor failure to divest himselfherself of hisher

shareholdings or interest in private business enterprise within si*t

from assumption of public office when conflict of interest arises?

!ngaging directl' or indirectl' in partisan political activities b' on

non<political office)

PROHIBITED ACTS




5=+& !4S!S punishable b'2

irst ffense2 Reprimand

Second ffense2 Suspension of one -1. to thirt' -3%. da's&hird ffense2 Dismissal

Simple discourtes' in the course of official duties?

5mproper or unauthori@ed solicitation of contributions from subord

emplo'ees and b' teachers or school officials from school children

iolation of reasonable office rules and regulations?

re;uent unauthori@ed tardiness -+abitual &ardiness.?

=ambling prohibited b' law?

Refusal to render overtime service?

PROHIBITED ACTS







Disgraceful, immoral or dishonest conduct prior to entering the se 8orrowing mone' b' superior officers from subordinates? illful failure to pa' (ust debts or willful failure to pa' ta*es due

government?)

obb'ing for personal interest or gain in legislative halls and offic

authorit'?


authorit'?

PROHIBITED ACTS@







Disgraceful, immoral or dishonest conduct prior to entering the se 8orrowing mone' b' superior officers from subordinates? illful failure to pa' (ust debts or willful failure to pa' ta*es due

government?)


authorit'?


authorit'?

PROHIBITED ACTS@






Second ffense2 Suspension of one -1. to thirt' -3%. da's

&hird ffense2 Dismissal

romoting the sale of tic>ets in behalf of private enterprises that are not intende

charitable or public welfare purposes and even in the latter cases, if there is no p

ailure to process documents and complete action on documents and papers with

time from preparation thereof

ailure to attend to an'one who wants to avail himselfherself of the services of

act promptl' and e*peditiousl' on public transactions?

!ngaging in private practice of hisher profession unless authori@ed b' the Consti

regulation, provided that such practice will not conflict with hisher official func

ursuit of private business, vocation or profession without the permission re;uire

Service rules and regulations)



MITI+ATIN+ AND A++RAVATIN+ CIRCUMSTAN



MITI+ATIN+ AND A++RAVATIN+ CIRCUMSTAN

ffense is committed during office hours and within the premises

or building? >) !mplo'ment of fraudulent means to commit or con

offense? irst offense?

!ducation?

ength of service? or

ther analogous circumstances)



AD9545S&RA&5! D! RC!SS

&he essence of due process in administrative

proceedings is an opportunit' to e*plain oneEs side

or an opportunit' to see> reconsideration of the

action or ruling complained of)

-edesma vs) Court f Appeals.

PROCEDURE



PROCEDURE

C9A54&C4&!R<A5DA5&

AC&<54D54=54!S&5=A&54• 5nvestigation

Report

R!!4&5!SS!4S54

R9A54!S&5=A&54

D!C5S54

SETTLEMENT ANDOR COMPROMISE



SETTLEMENT ANDOR COMPROMISE

8orrowing mone' b' superior officers from subordinates?

illful failure to pa' (ust debts?

Simple 9isconduct resulting from misunderstandingfight between

and complainant provided that the act is not committed within of

premises?

Discourtes' in the course of official duties? and

ther analogous circumstancescases)

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