This document provides guidance on employee conduct and discipline for civil servants. It discusses the fundamentals of employee discipline, including that discipline aims to develop self-control and orderliness through training to coordinate organizational goals. It notes that public office is a public trust and employees must be accountable, responsible, and lead modest lives serving the public interest. The document outlines positive and punitive forms of discipline and notes heads of departments have the power to discipline but are also accountable to the public. It lists general duties of employees including taking an oath of office, submitting financial disclosures, and acting promptly and courteously on public requests.
This document summarizes policies on employee conduct, discipline, and administrative offenses in the Philippine government. It discusses the fundamentals and types of employee discipline, including positive preventive discipline versus negative punitive discipline. Norms of conduct for public officials and employees are outlined, including commitment to public interest, professionalism, and nationalism. Types of offenses are classified as grave, less grave, or light, with corresponding penalties of dismissal, suspension, or reprimand. Recent policies address issues like attendance, punctuality, and definitions of habitual absenteeism and tardiness.
Code of Conduct and Ethical Standards of Public Officials and EmployeesMAIDA LYNN N. JAGUIT
This document outlines the code of conduct and ethical standards for public officials and employees in the Philippines according to Republic Act No. 6713. It establishes that all government officials and employees, regardless of position or compensation, are subject to these standards. It promotes high ethical standards including commitment to public interest over personal interests, professionalism, justness, political neutrality, responsiveness to the public, nationalism, democracy, simple living, and transparency of all government transactions. It also establishes duties for officials and employees to promptly respond to and serve all public requests and petitions.
Public Service, Ethics, and Accountability discusses ethics, accountability, and laws related to graft and corruption in government. Ethics refers to moral principles guiding behavior, especially codes for government officials. Accountability means public officials are responsible for laws/decisions and must disclose results transparently. Several laws prohibit graft and corruption. Oversight institutions like Congress provide accountability. The Code of Conduct establishes guidelines for officials regarding public interest, professionalism, neutrality, and more. Graft and corruption involve acts like accepting gifts or employment related to official duties.
The document is a memorandum from the Civil Service Commission (CSC) reminding government workers about policies regarding work hours and offenses like absenteeism, tardiness, and loafing. It warns that these behaviors are detrimental to public service. It reiterates that workers must work 8 hours per day, Monday through Friday. It states the penalties for loafing, which is suspension for 6 months to 1 year for the first offense and dismissal for the second offense. It directs agency heads to ensure workers observe proper hours and implement measures to deter unauthorized absences and tardiness.
This document discusses employee conduct and discipline in the public sector. It covers the fundamentals of employee discipline, types and classifications of offenses and penalties, and administrative proceedings for discipline. Key points include:
- Employee discipline aims to educate employees and improve conduct through training rather than solely relying on punishment.
- Offenses are classified as grave, less grave, or light and have corresponding penalties like suspension, demotion, or dismissal.
- Administrative proceedings follow due process, allowing employees to defend themselves against complaints. Appeals can be made within deadlines.
- The goal is to preserve public trust and develop high standards of conduct through positive discipline rather than negative discipline based on fear and punishment.
Republic Act No. 6713 CODE OF CONDUCT AND ETHICAL STANDARDS FOR THE PUBLIC OF...Rochelle May Canlas
This document outlines Republic Act No. 6713, which establishes a code of conduct and ethical standards for public officials and employees in the Philippines. It was approved in 1989. The act defines key terms, establishes norms of conduct including commitment to public interest and responsiveness. It also outlines duties such as responding to public requests within 15 days and making documents accessible. Finally, it establishes a system of incentives to uphold high ethical standards in public service.
This document contains sections from the Philippine Constitution and Code of Conduct and Ethical Standards for Public Officials and Employees establishing accountability and ethical standards for public officers and employees. It prohibits acts creating conflicts of interest, requires financial disclosures, and establishes a system of incentives for upholding high ethical standards in public service. Public office is defined as a public trust requiring integrity, justice and modest living.
This document discusses public personnel administration. It begins by outlining the objectives of introducing, distinguishing, and elaborating on public personnel administration. It then discusses the increasing tasks of government and how this impacts personnel demands. The key functions of public personnel administration are identified as planning, acquisition, development, and sanctions. Challenges like competitiveness, limited resources, technology, and workplace violence are also summarized.
This document summarizes policies on employee conduct, discipline, and administrative offenses in the Philippine government. It discusses the fundamentals and types of employee discipline, including positive preventive discipline versus negative punitive discipline. Norms of conduct for public officials and employees are outlined, including commitment to public interest, professionalism, and nationalism. Types of offenses are classified as grave, less grave, or light, with corresponding penalties of dismissal, suspension, or reprimand. Recent policies address issues like attendance, punctuality, and definitions of habitual absenteeism and tardiness.
Code of Conduct and Ethical Standards of Public Officials and EmployeesMAIDA LYNN N. JAGUIT
This document outlines the code of conduct and ethical standards for public officials and employees in the Philippines according to Republic Act No. 6713. It establishes that all government officials and employees, regardless of position or compensation, are subject to these standards. It promotes high ethical standards including commitment to public interest over personal interests, professionalism, justness, political neutrality, responsiveness to the public, nationalism, democracy, simple living, and transparency of all government transactions. It also establishes duties for officials and employees to promptly respond to and serve all public requests and petitions.
Public Service, Ethics, and Accountability discusses ethics, accountability, and laws related to graft and corruption in government. Ethics refers to moral principles guiding behavior, especially codes for government officials. Accountability means public officials are responsible for laws/decisions and must disclose results transparently. Several laws prohibit graft and corruption. Oversight institutions like Congress provide accountability. The Code of Conduct establishes guidelines for officials regarding public interest, professionalism, neutrality, and more. Graft and corruption involve acts like accepting gifts or employment related to official duties.
The document is a memorandum from the Civil Service Commission (CSC) reminding government workers about policies regarding work hours and offenses like absenteeism, tardiness, and loafing. It warns that these behaviors are detrimental to public service. It reiterates that workers must work 8 hours per day, Monday through Friday. It states the penalties for loafing, which is suspension for 6 months to 1 year for the first offense and dismissal for the second offense. It directs agency heads to ensure workers observe proper hours and implement measures to deter unauthorized absences and tardiness.
This document discusses employee conduct and discipline in the public sector. It covers the fundamentals of employee discipline, types and classifications of offenses and penalties, and administrative proceedings for discipline. Key points include:
- Employee discipline aims to educate employees and improve conduct through training rather than solely relying on punishment.
- Offenses are classified as grave, less grave, or light and have corresponding penalties like suspension, demotion, or dismissal.
- Administrative proceedings follow due process, allowing employees to defend themselves against complaints. Appeals can be made within deadlines.
- The goal is to preserve public trust and develop high standards of conduct through positive discipline rather than negative discipline based on fear and punishment.
Republic Act No. 6713 CODE OF CONDUCT AND ETHICAL STANDARDS FOR THE PUBLIC OF...Rochelle May Canlas
This document outlines Republic Act No. 6713, which establishes a code of conduct and ethical standards for public officials and employees in the Philippines. It was approved in 1989. The act defines key terms, establishes norms of conduct including commitment to public interest and responsiveness. It also outlines duties such as responding to public requests within 15 days and making documents accessible. Finally, it establishes a system of incentives to uphold high ethical standards in public service.
This document contains sections from the Philippine Constitution and Code of Conduct and Ethical Standards for Public Officials and Employees establishing accountability and ethical standards for public officers and employees. It prohibits acts creating conflicts of interest, requires financial disclosures, and establishes a system of incentives for upholding high ethical standards in public service. Public office is defined as a public trust requiring integrity, justice and modest living.
This document discusses public personnel administration. It begins by outlining the objectives of introducing, distinguishing, and elaborating on public personnel administration. It then discusses the increasing tasks of government and how this impacts personnel demands. The key functions of public personnel administration are identified as planning, acquisition, development, and sanctions. Challenges like competitiveness, limited resources, technology, and workplace violence are also summarized.
This document outlines the norms of conduct that public officials and employees must observe according to RA 6713. It discusses 8 standards: 1) Commitment to public interest over personal interest. 2) Professionalism and excellence in duties. 3) Justness, sincerity, and respect for all people. 4) Political neutrality and equal service. 5) Responsiveness to the public through clear communication and suggestions. 6) Nationalism and patriotism through local support. 7) Commitment to democracy and civilian authority. 8) Simple living appropriate to one's position. Public officials are expected to uphold these standards in performing their official duties.
The document discusses the fundamentals of employee discipline for public servants in the Philippines. It outlines types of offenses that can result in disciplinary action and the administrative proceedings involved. It emphasizes that public office is a public trust and officers must serve with integrity, loyalty, and efficiency. Discipline aims to both educate and deter misconduct while preserving the people's faith in government. The document also discusses relevant laws around employee conduct, the powers and duties of disciplinary bodies like the Ombudsman, and the norms of conduct that public officials and employees must follow.
The document outlines the procedures for administrative discipline cases within the Department of Education in the Philippines. It discusses the following key points:
1) Administrative discipline aims to promote responsible conduct among public servants according to norms of loyalty, integrity, and efficiency while ensuring accountability.
2) Disciplinary authorities include the Secretary of Education and Regional Directors. Grounds for disciplinary action include dishonesty, oppression, neglect of duty, misconduct, disgraceful conduct, being undesirable, discourtesy, inefficiency, and receiving gifts improperly.
3) The goal of discipline is not punishment but preserving public trust in government. Due process and security of tenure for officers are prioritized in disciplinary procedures.
Rules Implementing the Code of Conduct and Ethical Standards for public offic...Jo Balucanag - Bitonio
These rules implement the Code of Conduct and Ethical Standards for Public Officials and Employees in the Philippines. The rules require all government agencies to conduct value development programs for officials and employees to promote public service. The programs must cover subjects like ethics, rights and responsibilities, and socioeconomic conditions. Agencies must also simplify procedures, consult the public, and appoint resident ombudsmen to handle complaints. All transactions and agency information must be fully transparent and accessible to the public, except in certain limited cases involving privacy, security, or ongoing investigations.
The document discusses key aspects of the Anti-Red Tape Act of 2007 in the Philippines, which aims to streamline bureaucratic processes and eliminate red tape in government offices and agencies. Some key points:
- It requires government offices to establish Citizen's Charters that detail service standards and procedures.
- Transactions must be completed within 5 days for simple requests and 10 days for complex requests.
- Licenses and permits will be automatically extended if not acted on in time.
- Government heads are responsible for implementation and ensuring efficient, fast service.
- Offices must make certain changes like limiting signatories, establishing complaint desks, and more to reduce red tape.
- Agency performance will
The document discusses ethics in government service. It defines ethics and outlines several ethical bases including rules, results, relationships, and tradition. It discusses key concepts like good governance, public service ethics, and standards. It also outlines several laws and rules that govern ethics for public officials like the Constitution, the Anti-Graft and Corrupt Practices Act, and the Code of Conduct and Ethical Standards for Public Officials and Employees. Unethical behavior can have negative consequences like creating dehumanizing situations, a loss of public trust, and a bad public image, even if it is not necessarily illegal. The document emphasizes that while some behaviors may not be prohibited, they are still not appropriate or ethical for public servants.
Slide deck on public accountability, with reference to provisions of the 1987 Philippine Constitution. Lecture slides were from an undergraduate course I taught on Philippine Politics and Governance circa 2003-2005.
The document discusses the Strategic Performance Management System (SPMS) implemented by the Civil Service Commission of the Philippines. The SPMS aims to strengthen performance management in government agencies. It shifts the focus from individual-based evaluations to team and organizational performance. The SPMS cycle involves four steps: 1) performance planning and commitment, 2) monitoring and coaching, 3) review and evaluation, and 4) rewarding and development. Key aspects of the SPMS include setting organizational goals, indicators to measure performance, and linking performance to incentives and rewards. The system aims to improve both individual employee efficiency and overall organizational effectiveness.
Presentation that explains the relationship of Civil Service Commission's philosophy to the Republic Act No. 6713 or the "Code of Conduct and Ethical Standards for Government Officials and Employees."
Security of Tenure and Kinds of EmploymentRuth Mocorro
This document discusses security of tenure and different types of employment under Philippine labor law. It defines regular employment as employment that is necessary for the employer's business, and casual employment as work that is not considered regular. Probationary employment cannot exceed 6 months, and employees must be given just cause or fail to meet performance standards to be terminated during this period. The document also provides a sample labor case where an employee was constructively dismissed without due process during her probationary period and was awarded reinstatement and back wages.
This document establishes a code of conduct and ethical standards for public officials and employees in government. It aims to uphold public office as a public trust. The code defines prohibited acts, requires financial disclosures, and establishes a system of incentives and penalties to motivate civil servants and enforce the standards. It covers topics such as conflicts of interest, acceptance of gifts, use of confidential information, outside employment, and establishes review procedures and penalties for violations of its guidelines.
RA 6713 or Code of Conduct and Ethical Standards for Public Officials and Emp...Civil Service Exam Info
This document outlines Republic Act No. 6713, which establishes a code of conduct and ethical standards for public officials and employees in the Philippines. It defines key terms and sets forth norms of conduct, duties, and prohibitions to promote integrity, accountability and transparency. It also establishes a system of incentives for compliance and requires officials to file disclosures of assets, liabilities, financial interests and relatives in government service.
The philippine civil service system final reportarnel6113
This piece of work is about the Philippine Civil Service Service System, History and mandates which provides a wide array of information and s context of Philippine setting
The document discusses the protection of labor rights in the 1987 Philippine Constitution and the Labor Code. It outlines the key labor rights established in these legal bases, including security of tenure, just and humane working conditions, and collective bargaining. It also discusses employment contracts, noting they establish employer-employee relationships and can be terminated for just, authorized causes or by mutual consent. The summary provides an overview of the key topics and legal foundations covered in the document relating to Philippine labor law.
This document discusses ethics in government service. It defines ethics as standards that prescribe right and wrong actions in terms of rights, obligations, fairness and virtues. It also discusses ethics as the study and development of ethical standards. The document outlines a seven step process for making ethical decisions and evaluating alternatives to address value conflicts. It discusses the influence of values on behavior and decision making. Overall, the document provides an introduction to ethical reasoning and decision making in the context of public administration.
This document discusses the concepts of justness and sincerity in public service. It defines justness as being fair and sincerity as being open and truthful. The document emphasizes that public officials should act with justness and sincerity, treating all people fairly without discrimination, especially the poor. It provides examples of corruption like giving favors to relatives or accepting bribes. The document concludes by noting the sanctions for misconduct by public officials under Republic Act 6713, including dismissal for offenses like falsification or grave misconduct.
This document discusses professional conduct and ethical standards for police officers and criminologists. It defines key terms related to police ethics like dishonesty, incompetency, and malfeasance. It also outlines norms of conduct for public officials like commitment to public interest and professionalism. The document discusses prohibited acts, duties of public officials, and codes of ethics for registered criminologists and police ethics/values. It provides an overview of the PNP's ethical doctrine and code of professional conduct.
This document outlines the norms of conduct that public officials and employees must observe according to RA 6713. It discusses 8 standards: 1) Commitment to public interest over personal interest. 2) Professionalism and excellence in duties. 3) Justness, sincerity, and respect for all people. 4) Political neutrality and equal service. 5) Responsiveness to the public through clear communication and suggestions. 6) Nationalism and patriotism through local support. 7) Commitment to democracy and civilian authority. 8) Simple living appropriate to one's position. Public officials are expected to uphold these standards in performing their official duties.
The document discusses the fundamentals of employee discipline for public servants in the Philippines. It outlines types of offenses that can result in disciplinary action and the administrative proceedings involved. It emphasizes that public office is a public trust and officers must serve with integrity, loyalty, and efficiency. Discipline aims to both educate and deter misconduct while preserving the people's faith in government. The document also discusses relevant laws around employee conduct, the powers and duties of disciplinary bodies like the Ombudsman, and the norms of conduct that public officials and employees must follow.
The document outlines the procedures for administrative discipline cases within the Department of Education in the Philippines. It discusses the following key points:
1) Administrative discipline aims to promote responsible conduct among public servants according to norms of loyalty, integrity, and efficiency while ensuring accountability.
2) Disciplinary authorities include the Secretary of Education and Regional Directors. Grounds for disciplinary action include dishonesty, oppression, neglect of duty, misconduct, disgraceful conduct, being undesirable, discourtesy, inefficiency, and receiving gifts improperly.
3) The goal of discipline is not punishment but preserving public trust in government. Due process and security of tenure for officers are prioritized in disciplinary procedures.
Rules Implementing the Code of Conduct and Ethical Standards for public offic...Jo Balucanag - Bitonio
These rules implement the Code of Conduct and Ethical Standards for Public Officials and Employees in the Philippines. The rules require all government agencies to conduct value development programs for officials and employees to promote public service. The programs must cover subjects like ethics, rights and responsibilities, and socioeconomic conditions. Agencies must also simplify procedures, consult the public, and appoint resident ombudsmen to handle complaints. All transactions and agency information must be fully transparent and accessible to the public, except in certain limited cases involving privacy, security, or ongoing investigations.
The document discusses key aspects of the Anti-Red Tape Act of 2007 in the Philippines, which aims to streamline bureaucratic processes and eliminate red tape in government offices and agencies. Some key points:
- It requires government offices to establish Citizen's Charters that detail service standards and procedures.
- Transactions must be completed within 5 days for simple requests and 10 days for complex requests.
- Licenses and permits will be automatically extended if not acted on in time.
- Government heads are responsible for implementation and ensuring efficient, fast service.
- Offices must make certain changes like limiting signatories, establishing complaint desks, and more to reduce red tape.
- Agency performance will
The document discusses ethics in government service. It defines ethics and outlines several ethical bases including rules, results, relationships, and tradition. It discusses key concepts like good governance, public service ethics, and standards. It also outlines several laws and rules that govern ethics for public officials like the Constitution, the Anti-Graft and Corrupt Practices Act, and the Code of Conduct and Ethical Standards for Public Officials and Employees. Unethical behavior can have negative consequences like creating dehumanizing situations, a loss of public trust, and a bad public image, even if it is not necessarily illegal. The document emphasizes that while some behaviors may not be prohibited, they are still not appropriate or ethical for public servants.
Slide deck on public accountability, with reference to provisions of the 1987 Philippine Constitution. Lecture slides were from an undergraduate course I taught on Philippine Politics and Governance circa 2003-2005.
The document discusses the Strategic Performance Management System (SPMS) implemented by the Civil Service Commission of the Philippines. The SPMS aims to strengthen performance management in government agencies. It shifts the focus from individual-based evaluations to team and organizational performance. The SPMS cycle involves four steps: 1) performance planning and commitment, 2) monitoring and coaching, 3) review and evaluation, and 4) rewarding and development. Key aspects of the SPMS include setting organizational goals, indicators to measure performance, and linking performance to incentives and rewards. The system aims to improve both individual employee efficiency and overall organizational effectiveness.
Presentation that explains the relationship of Civil Service Commission's philosophy to the Republic Act No. 6713 or the "Code of Conduct and Ethical Standards for Government Officials and Employees."
Security of Tenure and Kinds of EmploymentRuth Mocorro
This document discusses security of tenure and different types of employment under Philippine labor law. It defines regular employment as employment that is necessary for the employer's business, and casual employment as work that is not considered regular. Probationary employment cannot exceed 6 months, and employees must be given just cause or fail to meet performance standards to be terminated during this period. The document also provides a sample labor case where an employee was constructively dismissed without due process during her probationary period and was awarded reinstatement and back wages.
This document establishes a code of conduct and ethical standards for public officials and employees in government. It aims to uphold public office as a public trust. The code defines prohibited acts, requires financial disclosures, and establishes a system of incentives and penalties to motivate civil servants and enforce the standards. It covers topics such as conflicts of interest, acceptance of gifts, use of confidential information, outside employment, and establishes review procedures and penalties for violations of its guidelines.
RA 6713 or Code of Conduct and Ethical Standards for Public Officials and Emp...Civil Service Exam Info
This document outlines Republic Act No. 6713, which establishes a code of conduct and ethical standards for public officials and employees in the Philippines. It defines key terms and sets forth norms of conduct, duties, and prohibitions to promote integrity, accountability and transparency. It also establishes a system of incentives for compliance and requires officials to file disclosures of assets, liabilities, financial interests and relatives in government service.
The philippine civil service system final reportarnel6113
This piece of work is about the Philippine Civil Service Service System, History and mandates which provides a wide array of information and s context of Philippine setting
The document discusses the protection of labor rights in the 1987 Philippine Constitution and the Labor Code. It outlines the key labor rights established in these legal bases, including security of tenure, just and humane working conditions, and collective bargaining. It also discusses employment contracts, noting they establish employer-employee relationships and can be terminated for just, authorized causes or by mutual consent. The summary provides an overview of the key topics and legal foundations covered in the document relating to Philippine labor law.
This document discusses ethics in government service. It defines ethics as standards that prescribe right and wrong actions in terms of rights, obligations, fairness and virtues. It also discusses ethics as the study and development of ethical standards. The document outlines a seven step process for making ethical decisions and evaluating alternatives to address value conflicts. It discusses the influence of values on behavior and decision making. Overall, the document provides an introduction to ethical reasoning and decision making in the context of public administration.
This document discusses the concepts of justness and sincerity in public service. It defines justness as being fair and sincerity as being open and truthful. The document emphasizes that public officials should act with justness and sincerity, treating all people fairly without discrimination, especially the poor. It provides examples of corruption like giving favors to relatives or accepting bribes. The document concludes by noting the sanctions for misconduct by public officials under Republic Act 6713, including dismissal for offenses like falsification or grave misconduct.
This document discusses professional conduct and ethical standards for police officers and criminologists. It defines key terms related to police ethics like dishonesty, incompetency, and malfeasance. It also outlines norms of conduct for public officials like commitment to public interest and professionalism. The document discusses prohibited acts, duties of public officials, and codes of ethics for registered criminologists and police ethics/values. It provides an overview of the PNP's ethical doctrine and code of professional conduct.
This document defines terms related to ethics, values, and conduct for public officials and employees in the Philippines according to Republic Act No. 6713. It includes 22 terms to define, such as crime, dishonesty, disloyalty to the government, and gift. It also discusses the core values of the Philippine National Police (PNP), including love of God, respect for authority, and service to people. The document outlines ethical standards, customs, ceremonies and traditions of the PNP regarding professional conduct, discipline, secrecy, and courtesy.
This document discusses principles of ethics for public employees. It outlines key concepts like objectivity, selflessness, stewardship, transparency, and integrity that employees should uphold. Specific guidelines are provided around conflicts of interest, use of public resources and funds, handling confidential information, outside employment, and decision-making. Scenarios of ethical dilemmas are presented for analysis. Overall, the document stresses that public servants must make daily choices guided by upholding the public's interests, leading with integrity, and prioritizing transparency in all actions.
This document outlines ethical standards and guidelines for law enforcement officers as government employees. It discusses primary responsibilities which include serving the community, protecting the innocent, and ensuring rights with liberty, equality and justice. It also details proper performance of duties impartially and with courtesy. Use of force should only be as a last resort, and integrity, confidentiality, and cooperation with other agencies is important. The government provides an incentive and reward system for officials and employees who follow the code of conduct.
Discipline and Grievance in the Phil.Public Serviceroecam
This document discusses employee discipline and maintaining an effective workforce in the Philippine civil service. It begins by defining discipline and its purpose of developing orderliness and efficiency. Next, it outlines the basic policies and Revised Rules on Administrative Cases that govern employee conduct and discipline. It then classifies administrative offenses as grave, less grave, or light and lists examples for each category and their corresponding disciplinary actions. Finally, it discusses the grounds and procedures for dropping employees from the rolls due to extended absence without approved leave.
Behavioral Ethics & Personal Finance: A Discussion of Morality, Bias and Framingmilfamln
This is a free webinar hosted by the Personal Finance concentration area of the Military Families Learning Network.
This webinar will build on our previous discussions on Ethics by exploring the whys of ethical behavior. We will first focus on reviewing the ethical guidelines of the AFC® and DoDD 5500.7 Standards of Conduct. Next we will briefly review the traditional philosophical approach to ethics. We will explore insights from behavioral ethics that reveal how our ethical choices can be influenced by psychological, social, and environmental factors, not typically considered by traditional philosophical frameworks. Our discussion will include case studies from a behavioral ethics perspective. We will end with applications for practice.
Regulatory functions involve implementing and enforcing laws and regulations through administrative actions like rule-making, inspections, licensing, and orders. Regulatory agencies regulate activities to achieve economic, social, health, safety, and general welfare goals. Corruption risks in regulatory functions include conflicts of interest, bribery to influence regulatory decisions, and presenting false information. Agencies should support regulators through guidance on handling corruption, community awareness of rights and responsibilities, and accountability measures.
PADM505 LESSON 8 ETHICS OF DISSENTIntroductionTopics to be .docxsmile790243
PADM505 | LESSON 8: ETHICS OF DISSENT
Introduction
Topics to be covered:
· Whistleblowers
· Ethics of Dissent
All government employees, from the President of the United States down to the lowest level public administrator in a local government, are accountable to the citizens they serve, and they have a responsibility to conduct governmental affairs in a manner that meets citizens’ expectations. This includes performing their work in a manner that is transparent and accountable. There may come a time when a public administrator will need to oppose those in power to do that.
Bob Woodward or “Deep throat” comes to mind when we think of individuals who “blew the whistle” on their governmental agency. Daniel Ellsberg leaked the Pentagon Papers. There have been more in recent years such as Bradley Manning and Edward Snowden.
Whistleblowers
STEPS TO TAKE If an individual feels that he or she should become a whistleblower, the National Whistleblower Center (NWC) provides information and resources on the process. If someone decides to pursue whistleblowing, some of the steps he or she should take include the following:
· Check legal guidelines for whistleblowing. For example, the Occupational Safety and Health Administration (OSHA) has guidelines that should be followed in the process.
· Gather information and evidence to document the wrongdoing that the whistleblower is reporting.
· Hire an attorney experienced in whistleblowing cases to offer support and guidance in the process. Work with that attorney to build a case.
· Legally, whistleblowers have the right to remain anonymous. But in reality, whistleblowers are often identified, even if they take actions intended to maintain their anonymity. As such, whistleblowers should prepare for the backlash that may occur if others find out that they reported wrongdoing. As part of this preparation, whistleblowers should consider getting another job. If they do this, they should change jobs before their case becomes public.
LEGAL RIGHTS AND RETALIATION Whistleblowing is a legal right, and whistleblowers at the federal level of government are protected by law under the Whistleblower Protection Act of 1989. If an employer retaliates against an employee or other individual for being a whistleblower, that person can file a complaint. Some of the laws that include protection for whistleblowers include the following (United States Department of Labor, n.d.):
· Clean Air Act
· Comprehensive Environmental Response, Compensation and Liability Act
· Consumer Financial Protection Act
· Energy Reorganization Act
· Federal Railroad Safety Act
· National Transit Systems Security Act
· Surface Transportation Assistance Act
· Sarbanes-Oxley Act
· Toxic Substances Control Act
Be sure to explore the statutes that govern the procedure for whistleblower protection.
In addition to federal laws, many states also have laws that offer protections to government employees who become whistleblowers. According to the NCSL’s website, .
PADM505 LESSON 7 ETHICS CODESIntroductionTopics to be cover.docxsmile790243
PADM505 | LESSON 7: ETHICS CODES
Introduction
Topics to be covered:
· Codes of Ethics and Codes of Conduct
· Principles of Ethics
· ASPA Code of Ethics
· Ethics Training
· Ethics Audits, Hotlines, Ombudsmen, and Ethics Boards
· More Methods to Encourage Ethical Behavior
Lesson 2 explained that public administrators are subject to legal requirements intended to promote the practice of ethical behavior. In addition, professional associations, such as the American Society for Public Administration (ASPA), have formal codes of ethics intended to provide guidance to public administrators for how to behave ethically. To supplement these directives, government organizations and agencies also have codes of ethics, as well as codes of conduct, to help public administrators understand the behavior expected of them as they strive to be ethical.
This lesson will take a closer look at codes of ethics, codes of conduct, training, and ethics audits, providing additional information about how they can be used as tools to encourage public administrators to behave ethically. In addition, this lesson will introduce ethics hotlines and ombudsmen, which are additional tools that can help government organizations and agencies ensure that public administrators are as ethical as possible.
Codes of Ethics and Codes of Conduct
Ethics codes come in a variety of forms and titles. You may have heard of similar concepts called principles, codes of conduct, standards, tenets, rules, canons, regulations, etc. They can be aspirational or provide a very bright line definition.
CODE OF ETHICS
Code of ethics refers to a written document that outlines an organization’s mission and values, explaining the ethical principles that the organization promotes based on its mission and values. It also details the standards of professional behavior that employees are expected to maintain, including how they should approach problems.
CODE OF CONDUCT
Code of conduct refers to a written set of rules that delineates the specific types of behavior that employees are expected to practice at work. This includes specifying norms for on-the-job behavior, particularly as they pertain to each job.
It is important to note that a code of ethics
and a code of conduct are not the same thing. A code of conduct is related to the code of ethics, but it is more detailed and specific. Both codes of ethics and codes of conduct are intended to supplement legal requirements and other directives that provide written guidance for how public administrators should practice ethical behavior.
Many scholars—including Cooper (2006), and Verschoor (2007)—agree that codes of ethics and codes of conduct can be useful to help instill an ethical environment in an organization. Such codes can help restore and maintain the public’s trust in government and can help establish government’s legitimacy. They also can provide public administrators with advice and direction on ethical dilemmas and can become a source of professiona.
This document discusses characteristics of good governance according to global institutions. It identifies 11 key characteristics: participation, rule of law, transparency, responsiveness, consensus orientation, equity, effectiveness and efficiency, and accountability. For each characteristic there is a brief explanation of its meaning in the context of good governance. The document also discusses related concepts like consensus decision-making and different types of accountability and corruption.
The document discusses Texas open government laws, including the Public Information Act and Open Meetings Act. It provides definitions of key terms like "public information" and "meeting." The general policy is that governmental information is open to the public, with limited exceptions to protect privacy. Requests for information must be responded to promptly, and meetings must follow notice requirements and be open except for authorized closed sessions. Violations can result in criminal penalties or civil lawsuits.
ethical responsibilities of govt servants..pptxAshrafAli275692
This document discusses the ethical responsibilities of government servants. It begins by outlining the objectives of understanding ethics in professional life and practicing rules and norms. It then defines ethical responsibility and outlines principles for managing ethics in public service such as having clear codes of conduct. The document extracts rules from the Government Servant Conduct Rules of 1964 regarding gifts, property declarations, private employment, and other responsibilities. It also discusses concepts of ethics from American executive orders, the Chinese Code of Professional Ethics, and the Audit Manual. Finally, it notes negative behaviors like corruption that can arise and defines misconduct.
Explains the meaning of two interrelated but distinct concepts of ethics and morality,states its need for public servants and the ways a public servant should pursue his career by following ethical principles of behaviour
The document discusses several UK laws and regulations related to healthcare, employment, and personal data protection. It outlines key aspects of legislation such as the Mental Capacity Act, which protects vulnerable individuals' decision making; the Health and Safety at Work Act, which requires employers to protect workers' safety; and the Data Protection Act, which regulates how personal information is collected and used. The document provides high-level overviews of the purpose and basic requirements of these various laws and regulatory frameworks.
This document discusses ethics and accountability in the Philippine public sector. It outlines the legal and constitutional frameworks that establish ethical standards for public officials, such as the Code of Conduct and Anti-Graft laws. It also describes the oversight institutions that enforce these standards, including the Civil Service Commission, Office of the Ombudsman, and Commission on Audit. Additionally, it discusses how political commitment, an active citizenry that provides feedback, and initiatives to promote ethics help reinforce ethics and accountability in the Philippine government.
This document outlines a code of ethics and professional conduct for civil servants in the UAE. It establishes core values that civil servants should uphold, including excellence, diligence, integrity, honesty, objectivity, neutrality, alertness, efficiency, leadership, transparency, and fairness. It applies to all public servants and ministries. The objectives are to develop a culture of high professional values and ethical conduct to improve public services and confidence in the government.
The document is an employee handbook for the Indiana Secretary of State's Office from April 2007. It outlines policies on equal employment opportunity, harassment, ethics, drug use, attendance, personal phone/computer use, dress code, and benefits including health insurance, retirement plans, and time off. The handbook provides an overview of workplace rules and benefits to help employees understand their roles and responsibilities.
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Employee discipline
1. Reference: Civil Service Manual
Employee Conduct and Discipline
Fundamentals of Employee Discipline
Types and Classification of Offenses
Administrative Proceedings
DISCIPLINE
Leilani Mariana G. Castelo
Ma Renee Gisela G. Veridiano
Ma. Rowena M. Ragandap
Ernesto R. Saludes, Jr
Mary Jane Diaz Fuentes
Lecturer
1
2. FUNDAMENTALS OF EMPLOYEE
DISCIPLINE
Discipline generally refers to a person’s self-control, character,
or orderliness and efficiency usually developed through training. In
a large organization like the government, discipline serves as a
mechanism for control of the temperament, interest and action of
people within the organization. Discipline helps coordinate
government goals and public interests.
One basic policy of government concerning employee conduct
and discipline states: Public office is a public trust. Public officer and
employees must at all time be accountable to the people, serve them
with utmost responsibility, integrity, loyalty, and efficiency, act with
patriotism and justice, and lead modest lives”.
2
3. Government officers and employees like you are therefore,
obliged to prove that you are deserving of the people’s trust. Trust
forms the basis of your employment and tenure in public service.
Once this trust is broken, you as well as other government officers
and employees are held liable. You are answerable for your
misconduct to the people for whom the government derives its
power. The people’s taxes sustain your salaries and other benefits.
You are mere custodians or stewards of public office. You cannot
hold on to your public positions as you please. You must live by the
rules, regulations, norms, conduct and discipline that are at all times
expected of public servants. Public interest come first and foremost,
rising well above personal goals.
3
4. Employee Discipline
Good discipline is a process of education in which punishment
is resorted to only when no other recourse is open. At the same time
it deters others from committing unwanted conduct and behavior.
This is the very same reason behind developmental policy of
the government “to emphasize the positive rather than the punitive
aspect of personnel discipline.” This further means that if you are
administratively disciplined, the object is not primarily to punish
you but to improve public service and to preserve the people’s faith
and confidence in their government. The positive aspect of
personnel discipline supports development of values, skills and
attitudes. Giving due recognition and rewards to you and other
officers and employees who contribute significantly to public
service goals and objectives reinforces this brand of discipline.
4
5. Positive or preventive discipline educates and instills in you
the value of exemplary performance, quality outputs and high
standards of behavior. Negative or punitive discipline breeds fear
and threat of punishment and often forces you to obey orders. This
kind of discipline lapses into autocracy and makes you act only to
avoid penalty. In this way you lack motivation and fulfillment in your
work.
The power to discipline, investigate and decide matters
involving disciplinary action against you and other officers and
employees rests on the heads of departments, agencies and
instrumentalities, provinces, cities and municipalities. However, this
power to discipline officers and employees does not exempt the
heads of offices from any accountability to the public. As discussed
earlier, “all” includes elective or appointive officials and
employees. In fact, even the President, the Vice president, the
Members of the Supreme Court, the Members of the Constitutional
Commissions, and the Ombudsman may be removed from office, by
impeachment for:
5
6. 1. culpable violation of the Constitution;
2. treason;
3. bribery (direct or indirect);
4. other high crimes;
5. graft and corruption; or
6. betrayal of public trust.
In such cases, the Houses of Representatives has the
exclusive power to initiate all cases of impeachment. The Senate
meanwhile has the sole power to try and decide all cases of
impeachment. This principle of check and balance in the three
branches of government amplifies the accountability of public
officials and employees to the public.
6
7. One law relevant to employee conduct and discipline is the
Anti-Graft and Corrupt Practices Act or Republic Act No. 3019 as
amended by Parliamentary Bill No. 453.
Another related law is P.D. No. 1606, creating a special
anti-graft court known as Sandiganbayan. The Sandiganbayan
was set up to try graft and corruption cases involving public
officials and employees. This court has jurisdiction over civil and
criminal cases involving graft and corrupt practices and such
other offenses committed by public officers and employees.
Meanwhile another law, P.D. 1607 created the Tanodbayan.
However, the 1987 Philippine Constitution changed the Title of
Tanodbayan to the Office of the Special Prosecutor. It will
continue to function and exercise its powers as previously
provided, except those conferred on the office of the
Ombudsman created under this Constitution. The Tanodbayan is
now known as the Ombudsman.
7
8. The Ombudsman and his Deputies, as protectors of the people,
are tasked to act promptly on complaints filed in any form or manner
against public officials or employees of the government, or any its
subdivision, agency or instrumentality, including governmentowned or controlled corporations.
Similarly, the general policy on employee conduct and
discipline states, “No officer or employee in the civil service shall be
removed or suspended except for cause as provided by law and
after due process.”
This means that you cannot be removed or suspended without
having a chance to defend yourself. However, you can invoke
security of tenure as long as you are competent, honest and
productive. If you violate the norms of acceptable behavior befitting
a government officer and employee, you may be separated from the
service.
8
9. As discussed earlier, public officials and employees are
guided by rules, regulations, norms of conduct and ethical
standards. As part of your general duties and responsibilities, you
must:
1. Take an oath or affirmation to uphold and defend the
Philippine Constitution;
2. Submit a declaration under oath, of your assets, liabilities
and net worth and a disclosure of business interests and
financial condition, including those of your spouse and
unmarried children under 18 years of age who are living in
your household.
3. Show allegiance to the State and the Constitution;
4. Act promptly on letters and requests or respond to letters,
telegrams or other means of communications sent by the
public within fifteen working days from receiving them. The
reply must contain the action taken;
9
10. 5. Process official documents and papers within a reasonable
time from their preparation, an the reply must contain, as far
as practicable, not more than three signatories;
6. Act immediately on the public’s personal transactions. You
must attend to whoever wants the services of your office and
must at all times render prompt, adequate and courteous
service;
7. Make documents accessible to and readily available for
inspection by the public within reasonable working hours; and
8. Resign from your position in any private business enterprise
within 30 days from your assumption of office and or/or divest
yourself of share holdings or interests in the company within 60
days from such assumption of office.
Divestment must be to a persons other than your spouse and
relatives within the fourth civil degree of consanguinity or affinity.
10
11. NORMS OF CONDUCT
Pursuant to RA 6713*, the norms of conduct of public
officials and employees that you must observe in the
performance of your official duties are as follows:
1. Commitment to Public Interest. Always uphold the public
interest over and above your personal interest. All government
resources and powers of your office must be used efficiently,
effectively, honestly and economically, to avoid waste of public
funds and revenues.
11
12. 2. Professionalism. Perform your duties with the highest degree of
excellence, intelligence and skill. You must serve with utmost
devotion and dedication to duty. You must also endeavor to
discourage wrong perceptions of your role as dispenser or peddler
of undue patronage.
3. Justness and Sincerity. Remain true to the people at all times. Be
honest, just and sincere. Do not discriminate against anyone,
especially the poor and underprivileged. You are expected to
respect at all times the rights of others and to be honest in all your
transactions. Refrain from doing acts contrary to law, good morals,
good customs, public policy, public order, public safety and public
interest. You are not to dispense or extend undue favors on account
of your office to your relatives except with respect to appointments
of such relatives to positions considered strictly confidential or as
members of your personal staff whose terms are coterminous with
yours.
12
13. 4. Political Neutrality. Provide service to everyone, without
unfair discrimination and regardless of party affiliation or
preference.
5. Responsiveness to the Public. Extend prompt, courteous, and
adequate service to the public. Unless otherwise provided by
law or when required by the public interest, provide information
on policies and procedures in clear and understandable
language. Ensure openness of information by public
consultations and hearings whenever appropriate. Encourage
suggestions, simplify and systematize policies, rules and
procedures, and avoid red tape. Lastly, develop an
understanding and appreciation of the socio-economic
conditions prevailing in the country, especially in depressed
rural and urban areas.
13
14. 6. Nationalism and Patriotism. Be loyal at all times to the Republic
and to the Filipino people, promote the use of locally-produced goods,
resources and technology and encourage appreciation and pride of
country and people. You must endeavor to maintain and defend
Philippine sovereignty against foreign intrusion.
7. Commitment to Democracy. Commit your self to the democratic
way of life and values, maintain and/or observe the principle of public
accountability, and manifest by deeds the supremacy of civilian
authority over the military. You must at all times uphold the
Constitution and put loyalty to country above loyalty to person or party
8. Simple Living. You and your family are expected to lead modest
lives appropriate to your position and income. Do not indulge in
extravagant or ostentatious display of wealth in any form.
14
15. TYPES AND CLASSIFICATION OF OFFENSES
AND APPLICATION OF PENALTIES
Grave offense is usually punishable by dismissal for your first
offense.
Less grave offense carries a penalty of suspension for one month
and one day to six months. The second time you commit the same
offense, you will be dismissed from the service.
Light offense is meted the penalty of reprimand, suspension for
one to thirty days and dismissal for the first, second, and third
offense, respectively.
Like penalties will be imposed for light offenses. This means that
if you are penalized by reprimand for the first offense of
gambling, the same penalty will be imposed on Juan if the latter
is charged and found guilty of the same infraction for the first
time.
15
16.
One penalty will be imposed in each case. “Each case” means one
administrative case which may involve one or more charges or
counts. Suppose you are charged with gross discourtesy in the
course of official duties, refusal to render overtime and violation of
reasonable office rules and regulations. These three offenses if
committed simultaneously constitute one administrative case. You
will be meted only one penalty for the three offenses.
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
16
17. 2. Forced resignation
3. Transfer
4. Demotion
5. Suspension
6. Fine
7. Reprimand
B. Under R.A. 6713
1. Administrative Penalties
a. fine not exceeding six months salary
17
18. b. suspension not exceeding one year
c. dismissal
2. Criminal Penalties
a. fine not exceeding five thousand pesos
b. imprisonment not exceeding five years
c. imprisonment not exceeding five years and fine not exceeding
five thousand pesos
d. disqualification to hold public office
18
19.
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 the infraction of your offense. In the previous
example cited (If you are charged with three offenses), You will
be charged with one administrative case for the three offenses
will be considered aggravating circumstances.
If you are found guilty of two or more charges or of 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. Again, in the
example cited above, the penalty to be imposed on you is the
penalty for less grave offense because gross discourtesy in the
course of official duties is a less grave
19
20. offense and the most serious charge against you. Violation of
reasonable office rules and regulations and refusal to render
overtime classified under light offenses. They will only be
considered aggravating circumstances to your other offense.
Mitigating circumstances include:
a. physical illness
b. good faith
c. length of service in the government
d. analogous circumstances
20
21. Aggravating circumstances include:
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 offense
e. habituality
f. offense is committed during office hours and within the
premises of the working office or building
g. employment of fraudulent means to commit or conceal the
offense
h. analogous circumstances
21
22.
The disciplining authority may impose on you the penalty of
removal/dismissal from the service, forced resignation with or
without prejudice to benefits, demotion in rank, suspension for
not more than one year without pay, fine in an amount not
exceeding six months salary, transfer or reprimand.
The penalty or dismissal entails cancellation of your eligibility,
forfeiture of your leave credits and retirement benefits, and
disqualification for reemployment in the government service.
Dismissal does not preclude your criminal or civil liability.
The penalty of forced resignation entails your disqualification for
employment in the government service for at least one year.
However, it may or may not contain conditions concerning
forfeiture of your
22
23. leaves credits and retirement benefits, and disqualification for
your reemployment in a specific class of position.
The penalty of transfer, or demotion, or fine may be imposed on
you instead of suspension from one month and one day to one
year, except in case of fine which will not exceed six months.
The penalty of fine may be imposed instead of suspension from
one day to one month.
The penalty of reprimand whether given by the Civil Service
Commission or the head of department or agency is considered
a penalty. However, a warning or an admonition is not
considered a penalty.
23
24.
Reprimand does not include any accessory penalty nor entail
the forfeiture of leave credits, retirement benefits and bonuses
that may be granted.
In meritorious cases and upon recommendation of the
Commission, the President may commute or remove
administrative penalties or disabilities imposed upon you in
disciplinary cases, subject to such terms and conditions as
he/she may impose in the interest of the service.
24
25. RECENT POLICIES ON ADMINISTRATIVE
OFFENSES AND APPLICATION OF PENALTIES
Among the most recent issuances on administrative
offenses and application of penalties that have wider application
and relevance to various agencies of the government are:
1. Attendance and Punctuality Pursuant to CSC Res. No. 970406, 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, as discussed in the succeeding paragraphs.
25
26. Violations of the rules issued by heads of offices shall
constitute the offense of Violation of Reasonable Office Rules and
Regulations, punishable with reprimand on the first offense,
suspension for one (1) to thirty (30) days on the second, offense,
and dismissal on the third offense.
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.
This means that the maximum number of months you can
exceed the 2.5 days monthly leave credit limit in a single
semester is two months to avoid being considered as an offender
or habitual absenteeism.
26
27. Absences exceeding 2.5 days per month backed by a
approved leave of absence do not constitute habitual absenteeism.
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 two (2) consecutive months during the year.
This means that if you have already been tardy twelve times in
a month in a semester, the maximum number of tardiness you will
incur for the succeeding month is only ten times so you will not be
considered habitually tardy. Further, you should not be late more
than ten times in the month of July if you already incurred ten times
or more tardiness in June of the same year.
27
28. 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.
Nepotism means appointing relatives and members of the
family within the third degree of consanguinity or affinity of the
appointing or recommending authority, or of the chief of the
bureau or office, or of the persons exercising immediate
supervision over the appointee. Original, transfer, reemployment and promotional appointments regardless of status
are subject to nepotism.
28
29. Exempted from the rules on nepotism are: (a) persons
employed in a confidential capacity; (b) teachers; (c) physicians
(d) members of the Armed Forces of the Philippines.
There are no restriction for a member of any family who,
after his or her appointment to any position in an office or
bureau, contracts marriage with someone in the same office or
bureau. Thus, both husband and wife may be employed or
retained.
29
30. 3. Sexual Harassment by another employee or officer now
constitutes a ground for disciplinary action. It is a grave offense
and subject to dismissal from the service.
Sexual harassment is one of series of incidents involving
unwelcome sex advance, requests for sexual favors or other
verbal or physical conduct of sexual nature, made directly,
indirectly and implied when: (1) such conduct might reasonably
be expected to cause insecurity discomfort, offense or
humiliation to another person or group; or
30
31. (2) submission to such conduct is made either implicitly or
explicitly a condition of employment, or any opportunity for
training or grant of scholarship; or (3) submission to rejection of
such conduct is used as a basis for any employment decision
(including, but not limited to, matters of promotion, raise in
salary, job security and benefits affecting the employee); or (4)
such conduct has the purpose or the effect of interfering with a
person’s work performance, or creating and intimidating,
hostile or offensive work environment.
You may be placed under preventive suspension while an
investigation is going on if the charge against you involves
dishonesty, oppression or grave misconduct or neglect in the
performance of duty, or if there are reasons to believe that you
are guilty of charges that warrant your removal from the service.
31
32. Preventive suspension is not a punishment for your
misconduct in office but considered a preventive measure. It is
not considered part of the actual penalty of suspension imposed
upon you, if found guilty.
You can be suspended for a period of not exceeding ninety
(90) days. After 90 days, you will be automatically reinstated
even if the investigation has not been terminated. But when the
delay in the disposition of the case is due to your fault,
negligence or your petition, the period of delay will not be
included in the accounting of the 90 calendar-day suspension.
32
33. ADMINISTRATIVE PROCEEDINGS
The head of agency may initiate administrative proceedings
against a subordinate officer or employee like you upon sworn,
written statement/complaints of any other person.
The Commission, meanwhile has original jurisdiction over
all government officials and employees and can take disciplinary
action on all cases involving:
Complaints filed before it and those unacted upon by the
agencies;
Civil service examination anomalies; and
Such other complaints requiring direct action in the interest of
justice. Administrative cases within the Commission’s jurisdiction
can also be filed with any of the Civil Service Regional Office
concerned.
33
34. No action is taken on anonymous complaint, unless there is
obvious truth of merit to such allegations. Hence, you will not be
required to answer or comment on anonymous complaint.
The disciplining authority through the complainant’s sworn
statement determines if there is a prima facie case.
A prima facie case means that there is sufficient evidence
that you are probably guilty of an offense and if not refuted by
other evidence becomes conclusive that you are guilty.
If the disciplining authority does not find a prima facie
case, the complaint is dismissed.
34
35. If a prima facie case exists, the disciplining authority will notify
you of the charges against you. He can also issue a formal charge
against you.
If you have been formally charged, you will be directed to
answer such charges and you will be informed of your right under
existing laws and rules. Preliminary investigation is an inquiry or
proceeding to submit your affidavit and counter affidavits as well as
those of your witness(es).
You as a respondent, is given by the disciplining authority not
less than 72 hours or three days to submit an answer to the charges.
The answer must be in writing and under oath. Supporting
documents and sworn statements may also be submitted. If your
answer is satisfactory, the disciplining authority will dismiss your
case.
35
36. In your answer, you will indicate whether or not you elect a
formal investigation of the case.
Although you do not request a formal investigation, one
should nevertheless be conducted by the disciplining authority
when the merits of the case cannot be decided judiciously
without conducting such investigation.
The investigation will be held not earlier than five days nor
later than ten days from the date of receipt of your answer. The
investigation will be completed within thirty (30) days from the
filing of the charges, unless the period is extended by the
Commission in meritorious cases.
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37. You (and/or the either party) may avail of the services of a
counsel and may require the attendance of a witness or the
production of documents. You will make a request for the
issuance of the necessary subpoena or subpoena duces tecum at
least three (3) days before the scheduled hearing.
The investigation will be conducted to find out the truth,
without necessarily adhering to technical rules applicable in
judicial proceedings. It will be conducted by the disciplining
authority concerned or authorized representative.
The decision will be rendered by the disciplining authority
within thirty (30) days from the termination of the investigation
or receipt of the report of investigation, together with the
complete records of your case.
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38. The report will be submitted within fifteen (15) days after the
conclusion of the formal investigation.
If you feel aggrieved by the decision of the disciplining
authority, you may file a petition with the agency for a
reconsideration of the decision. If still not satisfied with the
decision of the head of agency, you may file an appeal with the
Commission. However, the decision of head of agency is final if
the penalty imposed is suspension for not more than thirty (30)
days or fine not exceeding 30 days salary.
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39. CIVIL SERVICE COMMISSION
Appeals
Decisions of heads of departments, agencies and provinces,
cities, municipalities, and other instrumentalities imposing penalties
exceeding thirty days suspension or fine in an amount exceeding 30
days salary, may be appealed to the Civil Service Commission
within 15 days from receipt of a copy of the decision.
You will pay a fee at least Php 100 for an appeal filed with the
Commission.
A motion for reconsideration may also be filed by the party
adversely affected by the decision of the Commission within 15 days
from receipt of the decision.
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40. When your penalty is dismissal, it is executory only after the
confirmation by the Department Secretary concerned.
Judicial Review
Final decisions or orders of the Civil Service Commission are
appealable to the Court of Appeals. Hence, if you are not satisfied
with the decision of the Commission, you may file an appeal by
filing a petition for review with the Court of Appeals within fifteen
(15) days from notice of final order or resolution.
The final decision of the CSC are immediately executory if no
petition for review is reasonably filed.
if you feel aggrieved with the decision of the Court of Appeals,
you may still go to the Supreme Court as final arbiter of your case.
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41. DOCUMENT and FLOW PROCESS CHART
of ADMINISTRATIVE PROCEEDINGS in DISCIPLINARY CASES
First Stage
Filing of the complaint
Determining the existence of
a prima facie case
In case a prima facie
case exists, formal
charge shall be issued
If there is no prima facie
case exists, the case
shall be dismissed
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42. Second Stage
Issuance of a formal charge
Filing of an answer
If the answer is
unsatisfactory, a
formal investigation
shall be conducted
If the answer is
satisfactory, the case
shall be dismissed
Issuance of a Preventive
Suspension Order,
If necessary
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43. Third Stage
Pre hearing conference
Conduct of formal investigation
Rendition of Decision
Guilty
Not Guilty
Motion for reconsideration
on agency’s decision is filed
Dismissal of the case
Appeal on the agency’s
decision is filed with the
Commission
Motion for reconsideration
of the Commission’s decision
is filed with the Commission
Petition for review is filed
with the Court of Appeals,
If still dissatisfied with the
Commission’s decision.
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