ADMINISTRATIVE OFFENSES

AND PENALTIES

ATTY. ELMER P. CHANTENGCO

Chairman, Cordillera Administrative Region
 ADMINISTRATIVE OFFENSES

• Neglect of duty
• Irregularity in the Performance of Duty
• Misconduct
• Incompetency
• Oppression
• Dishonesty
• Disloyalty to the Government
• Violation of Law
 Offenses

Neglect of duty or Nonfeasance - is the

omission or refusal, without sufficient
excuse, to perform an act or duty which
was the peace officer’s legal obligation to
perform; it implies a duty as well as its
breach.
• Examples: Failure without justifiable reason to appear before the
PLEB when duly notified; failure to issue Traffic Citation Ticket;
sleeping on post; failure to return personal effects of arrested person
Irregularity in the Performance of Duty -
is the improper performance of some
acts, which might lawfully be done.
• Examples: disregard traffic rules if not in hot pursuit

Incompetence - is the manifest lack of

adequate ability and fitness for the
satisfactory performance of police duties.
This has reference to any physical, moral
or intellectual quality the lack of which
substantially incapacitates one to
perform the duties of a peace officer.
Misconduct or Malfeasance - is the doing,
either through ignorance, inattention or
malice, of that which the officer had no
legal right to do at all, as where he acts
without any authority whatsoever, or
exceeds, ignores or abuses his powers.
• Examples: loiter in gambling joints, cockpits, night clubs
and other questionable places when not in the
performance of police duty; publicly consort with women
of ill repute or scandalously cohabit with a woman other
than his wife.
Oppression - imports an act of cruelty,
severity, unlawful exaction, domination,
or excessive use of authority. The
exercise of unlawful powers or other
means, in depriving an individual of his
liberty or property against his will, is
generally an act of oppression.

Dishonesty - is the concealment or

distortion of truth in a matter of fact
relevant to one’s office, or connected with
the performance of his duties.
Examples: use of falsified eligibility
Violation of Law - presupposes final
conviction in court of any crime or
offense penalized under the Revised
Penal Code or any special law or
ordinance.

Disloyalty to the Government - consists

of abandonment or renunciation of one’s
loyalty to the Government of the
Philippines, or advocating the overthrow
of the government.
 ADMINISTRATIVE PENALTIES

• Withholding of privileges
• Restriction to specified limits
• Suspension
• Forfeiture of salary or fine
• Demotion
• Forced Resignation
• Dismissal
 Limitation in the Imposition of Penalties

• If penalty is suspension - not to exceed ninety

(90) days
• If penalty is forfeiture of salary - amount not to
exceed the equivalent of one (1) month pay.
• If penalty is demotion - not to exceed one rank
lower
• If penalty is withholding of privileges - confined
to deferment of vacation leave privileges,
availment of loan privileges & participation in
training grants or programs and such other
similar privileges normally enjoyed by civil
service employees
 Qualifying Circumstances
• Mitigating Circumstances:
• a. physical illness
• b. good faith
• c. length of service in the government
• d. analogous circumstances
• Aggravating Circumstances:
• a. taking advantage of official position
• b. taking undue advantage of subordinate
• c. undue disclosure of confidential information
• d. use of government property in the commission of the offense
• e. habituality
• f. offense is committed during office hours and/or within the premises of
the working office or building
• g. employment of fraudulent means to commit or conceal offense
• h. analogous circumstances
 Guidelines in the Application of Penalties

• Minimum - where only mitigating and no aggravating

circumstances are present
• Medium - where no mitigating and aggravating
circumstances are present or off-set
• Maximum - where only aggravating circumstance/s and
no mitigating circumstance are present

• If the respondent is found guilty of two (2) or more

charges or counts, the penalty to be imposed should be
that corresponding to the most serious charge or count
and the rest shall be considered as aggravating
circumstances.
 Range of Penalties
• A. For Light Offenses
– 1. Minimum Period = 1 days to 10 days
– 2. Medium Period = 11 days to 20 days
– 3. Maximum Period = 21 days to 30 days
• B. For Less Grave Offenses
– 1. Minimum Period = 31 days to 45 days
– 2. Medium Period = 46 days to 60 days
– 3. Maximum Period = 61 days to 3 months
• C. For Grave Offenses
– 1. Minimum Period = 3 months suspension
– 2. Medium Period = demotion or forced resignation
– 3. Maximum Period = dismissal
 Administrative Disability
Inherent in Certain Penalties
• Dismissal
= cancellation of eligibility
= forfeiture of leave credits and retirement
benefits
= disqualification for re-employment in the
government service
• Suspension = disqualification for promotion
corresponding to the period of suspension
• Forfeiture of Salary = disqualification for
promotion corresponding to the penalty
imposed