WHEREAS, under Presidential Decree No. 1, dated.
September 24, 1972, the Integrated Reorganization Plan was adopted and
made part of the law of the land;
WHEREAS, in the reorganization of the Government it
is necessary that we clean the public service of undesirable officials
and employees; and
WHEREAS, it is essential that administrative cases
against such officials and employees be disposed of in the most
expeditious manner;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by the
Constitution as Commander-in-Chief of the Armed Forces of the
Philippines, and pursuant to Proclamation No. 1081, dated September 21,
1972, and General Order No. 1, dated September 22, 1972, do hereby
promulgate the following amendatory rules on the administrative
discipline of government officials and employees:
"SECTION 1. Grounds for disciplinary action. —
The following shall be grounds for disciplinary action:
Dishonesty.
Oppression.
Misconduct.
Neglect of duty.
Disgraceful and immoral conduct.
Being notoriously undesirable, which is of common knowledge.
Discourtesy in the course of official duties.
Inefficiency and incompetence in the performance of official
duties.
Receiving for personal use a fee, gift, or other valuable thing
in the course of official duties or in connection therewith when such
fee, gift, or other valuable thing is given by any person in the hope or
expectation of receiving a favor or better treatment than that accorded
other persons, or committing acts punishable under the anti-graft laws.
Conviction of a crime involving moral turpitude.
Improper or unauthorized solicitation of contributions from
subordinate employees and by teachers or school officials from school
children.
Violation of existing Civil Service Law and rules or reasonable
office regulations.
Falsification of official document.
Frequent unauthorized absences or tardiness in reporting for
duty, loafing or frequent unauthorized absences from duty during regular
office hours.
Habitual drunkenness.
Gambling prohibited by law.
Refusal to perform official duty or render overtime service.
Disgraceful, immoral or dishonest conduct prior to entering the
service.
Physical or mental incapacity or disability due to immoral or
vicious habits.
Borrowing money by superior officers from subordinates or
lending by subordinates to superior officers.
Lending money at usurious rates of interest.
Willful failure to pay just debts or willful failure to pay
taxes due the Government.
Contracting loans of money or other property from persons with
whom the office of the employee concerned has business relations.
Pursuit of private business, vocation or profession without the
permission required by these rules or existing regulations.
Insubordination.
Engaging directly or indirectly in partisan political
activities.
aa. Conduct prejudicial to the best interest of the service.
bb. Lobbying for personal interest or gain in legislative halls
and offices without authority.
cc. Promoting the sale of tickets in behalf of private enterprises
that are not intended for charitable or public welfare purposes and
even in the latter cases if there is no prior authority.
dd. Nepotism as defined in Section 30 of the Civil Service Law, as
amended.
"SEC. 2. Disciplinary jurisdiction. — The
Department Head shall have authority to remove, separate, suspend and
otherwise discipline officers and employees under their jurisdiction,
except presidential appointees. Their decisions shall be final, except
in the case of removal. In case the penalty imposed is removal, the
respondent may appeal the decision to the Civil Service Commission. An
appeal shall not stop the decision from being executory, and in the
event that the respondent wins on appeal, he shall be considered as
having been under suspension during the pendency of the appeal.
Chiefs of bureaus and offices shall investigate and decide
administrative complaints against employees under their jurisdiction.
Their decision shall be final if the penalty imposed is suspension
without pay for not more than 30 days or fine of not more than 30 days'
salary. If the penalty imposed is higher, the decision may be appealed
to the Department Head, and pending appeal, the same shall be executory
except when the penalty is removal.
An investigation may be entrusted to regional directors or similar
officials who shall make the necessary report and recommendation to the
chief of bureau or office within five (5) days from termination of the
investigation which shall be finished within ten (10) days.
"SEC. 3. Summary proceedings. — No formal
investigation is necessary and the respondent may be immediately
removed or dismissed if any of the following circumstances is present:
When the charge is serious and the evidence
of guilt is strong.
When the respondent is a recidivist or has been repeatedly
charged, and there is reasonable ground to believe that he is guilty of
the present charge.
When the respondent is notoriously undesirable.
"SEC. 4. Repealing clause.—Any provisions
or existing laws, rules and regulations in conflict with this Decree
are hereby modified or repealed accordingly.
"SEC. 5. Effectivity.—This Decree shall
take effect immediately.”
Done in the City of Manila, this 27th day of September, in the year
of Our Lord, nineteen hundred and seventy-two.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.) ROBERTO V. REYES
Acting Executive Secretary