Administrative Discipline
Administrative Discipline
Administrative Discipline
3.1 The right or power to discipline subordinates, officers and employees in any
government office is exercised by the persons who have the direct or indirect
supervision over them.
3.2 However, authority to exercise the ultimate power to investigate the offending
officer and employee and impose the corresponding penalty for the offense
committed is vested only on one officer in an office referred to in the civil Service
Decree of the Philippines as the “discipline authority” and the power vested in
him/her is known as “disciplinary jurisdiction”
3.3 The appointing authority has been given the
concurrent disciplinary jurisdiction over his/her
subordinate officers and employees. ( R.A. NO.
6040 in August 1969, amending R.A. o. 2260,
otherwise known as the Civil Service law)
3.4 On October 6, 1975, R.A. No. 6040 was
further amended by the Presidential Decree No.
807, otherwise known as the Civil Service Decree
of the Philippines. Section 37 of the said Decree
provides that: An Investigation may be entrusted
to Regional Directors or similar officials who
shall make necessary report and
recommendations to the head of office or
department.
4.1 Positive Discipline
- viewed from the standpoint
Section 4 . of the individual proceeds from
Kinds Of within and is largely habitual
reaction to established values
Discipline customs, traditions, and regulations
4.1 Positive Discipline
- viewed from the standpoint of the
individual proceeds from within and to a
large extent is habitual reaction to
established values customs, traditions,
and regulations
4.2 Negative Discipline
- Involving force or some outward
influence in its extreme form, proceeds
on the theory that compliance is
secured by the used of punishment or
by the fear of penalties
Section 4 . Kinds Of Discipline
5.1 Disciplinary action or the negative discipline
refers to administrative steps taken to correct
employees' misbehaviors related to job
performance.
Section 5. Forms of
5.2 Disciplinary action is effective only if it is
Disciplinary Action firmly, promptly and consistently exercised.
5.4.6 Dismissal from the service is the most extreme penalty. It results not only in
loss of income and status but also in the loss of other privileges.
Section 6. Disciplinary Jurisdiction
Disciplining Authority
• The disciplining authorities in the Department of Education shall be
the Secretary and the Regional Directors in their respective regions.
• The Superintendents of Schools shall also be the disciplining
authorities for administrative actions against non-teaching personnel
in their respective school divisions,
• For disciplinary actions or administrative cases against officers and
employees of the Department of Education at its Central Office and
against Presidential appointees, namely: Assistant Superintendents,
Superintendents, Assistant Regional Directors, Regional Directors,
Assistant Secretaries and Undersecretaries of Education, the
Secretary shall have original and exclusive jurisdiction.
THE DEPARTMENT OF EDUCATION IN ADMINISTRATIVE CASES
Disciplining Authority
• For disciplinary actions or administrative cases against officers and
employees of the Department of Education at its Central Office and
against Presidential appointees, namely: Assistant Superintendents,
Superintendents, Assistant Regional Directors, Regional Directors,
Assistant Secretaries and Undersecretaries of Education, the
Secretary shall have original and exclusive jurisdiction.
• Decisions of the Secretary of Education over administrative cases
against said Presidential appointees shall be subject to confirmation,
disapproval or modification by the President of the Philippines.
Grounds for Disciplinary Action
• An administrative complaint may be filed for any of the following
grounds for disciplinary action:
• i. Receiving for personal use of a fee,
• a. Dishonesty gift or other valuable thing in the
b. Oppression-(unjust treatment) course of official duties or in
c. Neglect of duty connection therewith when such fee,
gift or other valuable thing is given by
d. Misconduct any person in the hope or expectation
e. Disgraceful and immoral conduct of receiving a favor or better
f. Being notoriously undesirable treatment than that accorded other
g. Discourtesy in the course of persons or committing acts
punishable under the anti-graft laws
official duties
•
• h. Inefficiency and incompetence in j. Conviction of a crime involving
the performance of official duties moral turpitude
Grounds for Disciplinary Action
• An administrative complaint may be filed for any of the following
grounds for disciplinary action:
• o. Habitual drunkenness
• k. Improper or unauthorized solicitation of p. Gambling prohibited by law
contributions from subordinate employees q. Refusal to perform official duty or
and by teachers or school officials from
school children render overtime service
• •
l. Violation of existing Civil Service Law and r. Disgraceful, immoral or dishonest
Rules or reasonable office ( regulations conduct prior to entering the service
• •
m. Falsification of official documents
s. Physical or mental incapacity or
• disability due to immoral vicious
n. Frequent unauthorized absences or habits
tardiness in reporting for duty, loafing or
frequent unauthorized absences from duty
during regular office hours
Grounds for Disciplinary Action
• An administrative complaint may be filed for any of the following
grounds for disciplinary action:
• x. Pursuit of private-business, vocation
• t. Borrowing money by superior officers from or profession without the permission
subordinates or lending by subordinates to required by the Civil Service rules and
superior officers
regulations
•
u. Lending money at usurious rates of interest •
• y. Insubordination
v. Willful failure to pay just debts or willful
failure to pay taxes due the government
•
z. Engaging directly or indirectly in
• partisan political activities by one
w. Contracting loans of money or other holding a non political office.
property from persons with whom the office
of the employees concerned has business •
relations aa. conduct prejudicial to the best
interest of the service
Grounds for Disciplinary Action
• An administrative complaint may be filed for any of the following
grounds for disciplinary action:
• bb. lobbying for personal interest
• dd. Nepotism as defined in
or gain in legislative halls or offices Section 59, Chapter 8, Subtitle A,
without authority. Title I, Book V of E.O. No. 292
• •
cc. Promoting the sale of tickets in ee. Sexual Harassment as
behalf of private enterprises that defined and penalized under CSC
are not intended for charitable or
public welfare purposes and even Resolution No. 01-0940.
in the fatter cases if there is no
prior authority