WHEREAS, under Presidential Decree No. 1,
dated September 23, 1972, the Integrated Reorganization Plan was
adopted and made part of the law of the land;chanroblesvirtualawlibrary
WHEREAS, in the reorganization of the Government, it is necessary that
we clean the public service of undesirable officials and employees; and
WHEREAS, it is essential that administrative cases against such
officials and employees be disposed of in the most expeditious manner;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1, dated September 22, 1972, do hereby promulgate the
following amendatory rules on the administrative discipline of
government officials and employees:cralaw:red
Section 1. Grounds for disciplinary action. — The
following shall be grounds for disciplinary action:cralaw:red
a. Dishonesty.
b. Oppression.
c. Misconduct.
d. Neglect of duty.
e. Disgraceful and immoral conduct.
f. Being notoriously undesirable, which is of common
knowledge.
g. Discourtesy in the course of official duties.
h. Inefficiency and incompetence in the performance
of official duties.
i. Receiving for personal use a fee, gift, or other
valuable thing in the course of official duties or in 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.
j. Conviction of a crime involving moral turpitude.
k. Improper or unauthorized solicitation of
contributions from subordinate employees and by teachers or school
officials from school children.
l. Violation of existing civil service laws and rules
or reasonable office regulations.
m. Falsification of official document.
n. Frequent unauthorized absences or tardiness in
reporting for duty, loafing or frequent unauthorized absences from duty
during regular office hours.
o. Habitual drunkenness.
p. Gambling prohibited by law.
q. Refusal to perform official duty or render
overtime service.
r. Disgraceful, immoral or dishonest conduct prior to
entering the service.
s. Physical or mental incapacity or disability due to
immoral or vicious habits.
t. Borrowing money by superior officers from
subordinates or lending by subordinates to superior officers.
u. Lending money at usurious rates of interest.
v. Willful failure to pay just debts or willful
failure to pay taxes due to the government.
w. Contracting loans of money or other property from
persons with whom the office of the employee concerned has business
relations.
x. Pursuit of private business, vocation or
profession without the permission required by these rules or existing
regulations.
y. Insubordination.
z. Engaging directly or indirectly in partisan
political activities.
aa. Conduct prejudicial to the best interest of the
service.
bb. Lobbying for personal interest or gain in
legislative halls and offices without authority.
cc. 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.
dd. Nepotism as defined in Section 30 of the civil
service law, as amended.
"Sec. 2. Disciplinary jurisdiction. — The Department
Head shall have authority to remove, separate, suspend and otherwise
discipline officers and employees under their jurisdiction, except in
the case of removal. In case the penalty imposed is removal, the
respondent may appeal the decision to the Civil Service Commission. An
appeal shall not stop the decision from being executory, and in the
event that the respondent wins on appeal, he shall be considered as
having been under suspension during the pendency of the appeal.
Chiefs of bureaus and offices shall investigate and decide
administrative complaints against employees under their jurisdiction.
Their decision shall be final if the penalty imposed is suspension
without pay for not more than 30 days or fine of not more than 30 days'
salary. If the penalty imposed is higher, the decision may be appealed
to the Department Head, and pending appeal, the same shall be executory
except when the penalty is removal.
An investigation may be entrusted to regional directors or similar
officials who shall make the necessary report and recommendations to
the chief of bureau or office within five (5) days from termination of
the investigation which shall be finished within ten (10) days.
"Sec. 3. Summary proceedings. — No formal
investigation is necessary and the respondent may be immediately
removed or dismissed if any of the following circumstances is present:cralaw:red
a. When the charge is serious and the evidence of
guilt is strong.
b. When the respondent is a recidivist or has been
repeatedly charged, and there is reasonable ground to believe that he
is guilty of the present charge.
c. When the respondent is notoriously undesirable.
"Sec. 4. Repealing clause. — Any provision of
existing laws, rules and regulations in conflict with this Decree are
hereby modified or repealed accordingly.
"Sec. 5. Effectivity. — This Decree shall take effect
immediately."
Done in the City of Manila,
this 27th day of September, in the year of Our Lord, nineteen hundred
and seventy-two.
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