2. CHAPTER 4. – DISCIPLINARY ACTIONS
Is considered a dimension of
performance evaluation. It is a corrective
process to help employees overcome
work-related shortcomings, strengthen
work performance and achieve success.
TYPES OF DISCIPLINARY ACTIONS:
1. Verbal counselling
2. Written warning
3. Suspension
3. SECTION 60. Grounds for Disciplinary Actions. - An elective local official may be
disciplined, suspended, or removed from office on any of the following grounds.
•Disloyalty to the Republic of the Philippines.
•Culpable violation of the Constitution
•Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;
•Commission of any offense involving moral turpitude or an offense punishable by at least
prison mayor.
•Abuse of authority;
Disciplinary action is a wide one and relates to any action occasioned by alleged misconduct which, if proved,
would, according to the usual practice of the authority, be recorded on the member of staff’s personal file, and
includes any proposal for dismissal of a member of staff for any reason other than redundancy, permanent ill-health
or infirmity of mind or body, but does not include failure to renew a contract of employment for a fixed term unless
the authority has undertaken to renew a contract.
4. SECTION 61. Form and Filling of Administrative Complaints. A verified
complaint against any erring local elective official shall be prepared as follows.
If the complaint is filed with the courts, then we have to follow court procedure. Elective officials with Salary Grade
of 27 and above will be tried by the Sandiganbayan. Below that, the regular courts come into play.
Within 7 days from the filing of the complaint, the president or sanggunian concerned will order the official in
queation to submit a verified answer within 15 days from receipt of the order.
Take note of ‘”verified”. No verification means that the complaint will be junked.
•A complaint against any elective official or a province, a highly urbanized city. (whether highly
urbanized,independent component.
•A complaint against any elective official of a municipality shall be filed before the
Sangguniang Panlalawigan. (appealable to the president.)
•A complaint against any elective Barangay official shall be filed before the Sangguniang
Panlungsod or Sangguniang bayan. (the decision becomes final and executory.)
5. SECTION 62. Notice of Hearing. Is a prepared legal document that involves all
parties to hear a motion and may be emitted by any party.
•Within 7 days after administrative complaint is filed, the Office of the President or the
Sanggunian concerned, as the case may be, shall require the respondent to submit his verified
answer within (15) days from receipt thereof, and commence the investigation of the case
within ten (10) days after receipt of such answer of the respondent.
•When the respondent is an elective official of a province or highly urbanized city, such hearing
and investigation shall be conducted in the place where he renders or holds office.
Every written motion required to be heard and the notice of the hearing thereof shall be served in such a manner
as to ensure its receipt by the other party at least three (3) days before the date of hearing, unless the court for
good cause sets the hearing on shorter notice.
The notice of hearing shall show the title and number of the action, the name of the judge before whom, the time
and date when, and the place where the motion will be presented. If the motion is made orally, the notice shall
state the nature of the motion.
