TYPES OF OFFENSES AND CORRESPONDING PENALTIES

Personnel Management (ED. 720)4:00 – 8:00 (SAT.)

Reported by:

CHARNIEVELLE C. GRANADO

THREE CLASSIFICATIONS OF ADMINISTRATIVE OFFENSES

1. Grave Offense is usually punishable by dismissal for your first offense.• Disgraceful and immoral conduct is classified

as a grave offense .

2. Less Grave Offense carries a penalty of suspension or one month and one day to six months. • The second time you commit the same

offense, you will be dismiss from the service.

3. Light Offense is meted the penalty of reprimand, suspension for one to thirty days and dismissal for the first, second, and third offense, respectively.

Penalties that may be imposed in administrative cases are:

• A. Under Executive Order No 292 and Sec. 22 Rule XIV of the Civil Service Omnibus Rules

• 1. Dismissal• 2. Forced resignation• 3. Transfer• 4. Demotion• 5. Suspension• 6. Fine• 7. Reprimand

B. Under R.A 67131. Administrative Penalties

a. fine not exceeding six months salaryb. suspension not exceeding one year c. dismissal

• 2. Criminal Penaltiesa. fine not exceeding five thousand pesosb. imprisonment not exceeding five yearsc. imprisonment not exceeding five years and fine not exceeding five thousand pesos d. disqualification to hold public office

- In deciding penalties to be imposed, mitigating and aggravating circumstances may be considered.• Hence, aggravating circumstances are

circumstances that make worse or more severe the infraction of your offense.

• Mitigating circumstances, on the other hand, are circumstances that make less severe infraction of your offense.

• If you are found guilty of two or more charges or two or more counts, the penalty imposed should be that one corresponding to the most serious charge or count and the rest may be considered as aggravating circumstances.

• Violation of reasonable office rules and regulations and refusal to render overtime are offenses classified under light offenses. They will only be considered aggravating circumstances to your other offense.

• Mitigating circumstances include:a. physical illnessb. good faithc. length of service in the governmentd. analogous circumstances

• Aggravating Circumstances include:a. taking advantage of official positionb. taking undue advantage of subordinatec. undue disclosure of confidential informationd. use of government property in the commission of offensee. habituallyf. offense is committed during office hours and within the premises of the working office or buildingg. employment of fraudulent means to commit or conceal the offenseh. analogous circumstances

RECENT POLICIES ON ADMINISTRATIVE OFFENSES AND APPLICATION OF PENALTIES

1. Attendance and Punctuality. - Pursuant to CSC Res. No. 97-0406, heads of agencies can promulgate their own internal rules and regulations on attendance and punctuality so that you and other employees can incur less absence and tardiness than the frequency allowed.

You will be considered habitually absent if you incur unauthorized absences exceeding the allowable 2.5 days monthly leave credit under the leave law for at least three months in a semester or at least three consecutive months during the year.

You will be considered habitually tardy if you incur tardiness, regardless of the number of minutes, exceeding ten (10) times a month for at least ( 2) consecutive months during the year.

2. Nepotism is now a grave offense punishable by dismissal.

Nepotism or prohibited appointments made in favor of relatives in government can be a ground for administrative disciplinary action and criminal prosecution. As a grave offense, it is punishable by dismissal from the service even for the first offense.

3. Sexual Harassment by another employee or officer now constitutes aground for disciplinary action. • It is a grave offense and subject to dismissal

from the service.

• Sexual Harassment is one series of incidents involving unwelcome sex advance, requests for sexual favors or other verbal or physical conduct of sexual nature, made directly, indirectly.