Malfeasance Performance of

some act that is

wrongful
Misfeasance Performance of
a lawful act in an
unlawful or culpable manner
Ultra Vires Performance of
an act in excess of
ones legal authority

Non-feasance Omission
or Non-performance of
official power, authority,
functions, duties or
responsibilities required
by law

MALFEASANCE
MISFEASANCE
ULTRA VIRES
ACCOUNTABLE
LIABLE
CULPABLE
Administratively

NON FEASANCE
Omission

Dishonesty is the concealment or

distortion of truth, which shows lack
of integrity or a disposition to
defraud, cheat, deceive or betray
and an intent to violate the truth.
(CSC Resolution No. 060538, dated
April 4, 2006)

Classification of Dishonesty
Serious Dishonesty Punishable by
dismissal from the service:
a. The dishonest act caused serious
damage and grave prejudice to the
government.
b. The respondent gravely abused his
authority in order to commit the
dishonest act.

Classification of Dishonesty
Serious Dishonesty

c. Where the respondent is an

accountable officer, the dishonest act

directly involves property,
accountable forms or money for
which he/she is directly accountable
and the respondent shows an intent
to commit material gain, graft and
corruption

Classification of Dishonesty
Serious Dishonesty

d. The dishonest act exhibits moral

depravity on the part of the respondent.

e. The respondent employed fraud and/or

falsification of official documents in the

commission of the dishonest act related to
his/her employment

Classification of Dishonesty
Less Serious Dishonesty

1st offense - Suspension from 6

months and 1 day to

1 year

2nd offense Dismissal

Classification of Dishonesty
Less Serious Dishonesty

a. The dishonest act caused damage

and prejudice to the government

which is not so serious as to qualify as

Serious Dishonesty

Classification of Dishonesty
Less Serious Dishonesty

b.The respondent did not take

advantage of his/her position in

committing the dishonest act.

c. Other analogous circumstances

Classification of Dishonesty
Simple Dishonesty

1st offense - Suspension from 1 month

and 1 day to 6 months
2nd offense 6 months and 1 day to
1 year
3rd offense - Dismissal

Classification of Dishonesty

Simple Dishonesty
a. The dishonest act did not cause
damage or prejudice to the
government
b. The dishonest act has no direct
relation to or does not involve the
duties and responsibilities of the
respondent

Classification of Dishonesty
Simple Dishonesty

c. In falsification of any official

document, where the

information falsified is not
related to his/her employment

Classification of Dishonesty
Simple Dishonesty

d. That the dishonest act did

not result in any gain or
benefit to the offender

e. Other analogous
circumstances.

Neglect as applied to public officers

means a failure on his part to do and
perform some of the duties of his
office. It implies wanton negligence
and open disregard to ones duties and
functions. Negligence means want of
care required by the circumstances.

1.Gross Neglect of Duty

1st offense dismissal
2. Simple Neglect of Duty
1st offense- suspension of 1 month and
1 day to 6 months
2nd offense - dismissal

It is the transgression of
some established and
I
definite rule of action,
t
more particularly unlawful
behavior or gross
negligence by a public
officer.

1.Grave Misconduct
1st offense- dismissal

2. Simple Misconduct
1st offense suspension 1 mo. 1 day
to 6 mos.
2nd offense - dismissal

In Grave Misconduct as distinguished

from Simple Misconduct, the elements
of corruption, clear intent to violate
the law or flagrant disregard of
established rule, must be manifest.
Landrito vs CSC 223 SCRA 564

The offense is based mainly on the

general reputation of the employee
for being difficult to work with, due
to his quarrelsome attitude and/or
repeated infractions of office rules.
The focus of this office is the totality
of his conduct in office and not his
liability for the individual acts.

The test of being notoriously

undesirable is two-fold: whether
it is common knowledge or
generally known as universally
believed to be true or manifest
to the world. San Luis vs CA

174 SCRA 258

Punishable by dismissal on the first commission.

Moral Turpitude is defined as an act of

baseness, vileness or depravity in the
private and social duties which a man
owes his fellowmen to society in general,
contrary to the accepted and customary
rule of right and duty between man and
woman or conduct contrary to justice,
honesty, modesty or good moral.

Some of the particular crimes that involve moral

turpitude are:
adultery

concubinage
rape
arson
evasion of income tax

bigamy

falsification
estafa

bribery
extortion

perjury

forgery
murder

seduction

DISMISSAL FIRST OFFENSE

Misrepresentation
of a thing, fact or
condition,
certifying that a
thing is true when
it is not.

"Dishonesty

and Falsification are conduct which

connotes untrustworthiness and lack of
integrity, disposition to lie, cheat, deceive,
betray. This censurable conduct assumes
greater meaning when the offender is a
public officer who is circumscribed with a
heavy burden of responsibility to the public,
and whose conduct must, at all times, be
impressed with decency, decorum and
propriety."
PENALTY- DISMISSAL 1ST OFFENSE

All appointments in the government

made in favor of a relative within a
the third (now fourth) degree of the
recommending or of appointing
authority, or of the chief of bureau or
office, or of the person exercising
immediate supervision over him are
prohibited
Section 59 (1) Subtitle A Book I, Book V of EO 292

Example 1: 4th civil degree

Grandfather
2

Father
1

You or
spouse

Uncle
2

Sister

1st
cousin

4
1st
cousin

Example 2: 4th civil degree

Grandfather

Father
1
You or
spouse

2
Sister
3
Niece
4
Grandniece

AN ACT OF CRUELTY,
SEVERITY, UNLAWFUL
EXACTION, DOMINATION
OR EXCESSIVE USE OF
AUTHORITY. BAD FAITH,
BIAS AND PARTIALITY
MUST BE EVIDENT.

It is an act which violates the basic

norm of decency and is repulsive to
normal standards of decency, morality
and decorum. It is an act which society
abhors and condemns and which must
be penalized when committed by a
public officer. This is for the reason that
the conduct of a public official or
employee must always be beyond
reproach (Ayuste, Gina P., CSC

Resolution No. 00-0185)

Religious belief and practice

may justify an otherwise illicit
relations provided it is sanctioned
by the parties religious
organization. (Estrada vs.

Escritor, A.M. No. P-02-1651,

August 4, 2003)

1st offense- 6 mos. and 1

day to 1 year
2nd offense dismissal
from the service

INCOMPETENCE.
The manifest lack of adequate
ability and fitness for the
satisfactory performance of the
officers duty. It also connotes
want of physical or intellectual or
moral fitness.

INEFFICIENCY
It implies negligence,
incompetence, ignorance and
carelessness.

First Offense:
Demotion
2nd offenseDISMISSAL

An employee shall be considered habitually

absent if he incurs unauthorized absences
exceeding the allowable 2.5 days monthly
leave credit for:
At least 3 months in a
semester
At least 3 consecutive months
during the year

It could be a grave offense or

a light offense depending on
the frequency of its
commission and its effect to
the general service

1st offensesuspension 6
mos 1 day to
1 year

2nd offensedismissal
from the
service

1st offense - Reprimand

2nd offense Suspension 1 to
30 days
3rd offense Dismissal from
the service

Any act or connduct of an officer who

are under duty to perform, signifying
intention not to perform
1st offense suspension 6 mos 1
day to 1 year
2nd offense - dismissal

It is a deliberate and
willful refusal to comply
with the lawful order or
request of a higher
authority.

1st offense suspension

6 mos 1 day to 1 year
2nd offense- dismissal

1st offense suspension 1 mo 1 day to 6

mos
2nd offense- Suspension 6 mos 1 day to 1
year
3rd offense - dismissal

The unwarranted
act of a public
officer which
resulted to an
undue prejudice to
the best interest of
the service.

PENALTY:
1st offense suspension 6
mos 1 day to 1 year
2nd offense - dismissal

 Engaging directly or indirectly in partisan political

activities by one holding non-political office
Physical or mental incapacity due to vicious habits
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 in the hope of expectatiopn oof receiving favor or
better treatment than that accorded to ather person, or
committing acts punishable under the anti graft law.

 Contracting loans of money or other property with the

person with whom the office of the employee has
business relations
Soliciting or accepting directly or indirectly any gift,
gratuity, favor, entertainment, loan or anything of
monetary value, which in the course of his official duty
or in connection with any operation being regulated
by, or any transaction which may be affected by the
function of his office
Disloyalty to the republic of the Philippines or to the
Filipino people

 Directly or indirectly having financial or material

interest in any transaction requiring the approval of his
office. Financial and material interest is defined as
peciniary or proprietary interest by which a person will
gain or lose something.
Disclosing or misusing confidential or classified
information officially known to him by reason of his
office and not made available to the public, to
further his private interest or to give undue
advantage to anyone or to prejudice the public
interest.

 Obtaining or using any statement filed under RA 6713 for

any purpose contrary to morals or public policy or any
commercial purpose other than by news or media
communications media for disseminationto the general public
Recommending any person to any position in a private
enterprise which has a regular or pending official
transaction with his office unless such recommendation or
referral is mandated by law or international agreement,
commitment and obligation or as part of the function of his
office.

1st offense suspension 1 mo 1

day
2nd offense dismissal

DISCOURTESY is defined as
incivility, ill manners, rudeness of
behavior or language, an impolite
act. Even without using rude or
impolite language, a person may still
be discourteous by the tone and
manner the satements were made.

AS LESS GRAVE OFFENSE:

Gross Discourtesy
1ST Offense 1 mo 1 day to
6 mos
2nd offense dismissal

AS LIGHT OFFENSE:
Discourtesy in the Course of Official
Duties
1st offense- Reprimand

2nd Offense 1 day to 30 days

3rd offense dismissal

One who frequently and repeatedly

becomes intoxicated by excessive
indulgence in intoxicating liquor so as to
acquire a fixed habit and an involuntary
tendency to become intoxicated as often
as the temptation is presented, even
though he remains sober for days or
even weeks at a time. Blacks Law Dictionary

1st offense Suspension

1 mo 1 day to 6 mos

2nd offense - Dismissal

 Violation or Existing Civil Service

Law and Rules of Serious Narure
Unfair Discrimination in rendering
public service due to part affiliation or
preference
Failure to file SSALNW and
DBIFC
Conflict of Interest

1st offense - Reprimand

2nd Offense Suspension 1 to 30
days

3rd offense - Dismissal

A person is considered habitually

tardy if he incurs tardiness ,
regardless of the number of
minutes, 10 times a month for:
-At least 2 months in a semester or
- for 2 consecutive months during
the year

Just Debts shall apply only to:

1.Claims adjudicated by the
court of law;
2. Claims the existence and
justness of which are admitted
by the debtor

 Improper

or Unauthorized solicitation of
contribution from subordinate employee
Violation

of reasonable Office rules

and Regulations

Gambling
Refusal

prohibited by law

to render overtime service

Lending money at usurious

rate of interest

 Disgraceful

Immoral or Dishonest
Conduct Prior to to entering the service
Borrowing

money by superior
from subordinates

Lobbying for Personal

Interest or gain in
legislative halls or offices
Promoting the sales of
private tickets

 Failure to act promptly on letters and

requests within 15 days from receipt.

Failure to process documents and

complete action on documents and
papers within reasonable time
Failure to attend to anyone who wants
to avail himself of the services of the
office or act promptly and expeditiously
on public transactions.

 Engaging in unauthorized
private practice of his
profession
Pursuit of private business,
vocation or profession without the
permission required by the CSC
rules and regulations

In or on the premises,
building and grounds of
government agencies
providing health, education
and/or social welfare
development services such
as hospital, health centers,
schools and universities,
colleges.

In all areas of
government premises,
building and grounds,
except for open spaces
designated as smoking
areas

Refers to an outdoor space designated by

the head of the agency that meets the
following requirements:
1.Located in an open-space with no
permanent or temporary of or walls in an
outdoor area;
2.It shall not be located within 10 meters
of entrances, exits or any place where
people pass or where people congregate
3.It shall not have an area larger than 10
sq. m.

4. No government building shall

have more than one designated
smoking area;
5. No food or drinks shall be served
in the designated smoking area;
6. Every smoking area shall have
highly visible and prominently
displayed Smoking Area
signages

Consumption of
alcoholic beverages in
the workplace among
government officials
and employees during
office hours is
prohibited

Reporting for
work under the
influence of
alcohol is also
prohibited

Programs and rituals

such as ceremonial
toast and
observance/honori
ng of local customs
and tradition

GUILTY OF SIMPLE
MISCONDUCT
First Offense 1 month and 1
day to 6 months
Second Offense - Dismissal

-ATTY. ELLEN-