PRESIDENTIAL DECREE No. 807 [Article IX-Article XII]

ARTICLE IX

DISCIPLINE

Section 36. Discipline: General Provisions.

(a) No officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by law and after due process.

(b) The following shall be grounds for disciplinary action:

1. Dishonesty;

2. Oppression;

3. Neglect of duty;

4. Misconduct;

5. Disgraceful and immoral conduct;

6. Being notoriously undesirable;

7. Discourtesy in the course of official duties;

8. Inefficiency and incompetence in the performance of official duties;

9. Receiving for personal use of 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;

10. Conviction of a crime involving moral turpitude;

11. Improper or unauthorized solicitation of contributions from subordinate employees and by teachers or school officials from school children;

12. Violation of existing Civil Service Law and rules or reasonable office regulations;

13. Falsification of official document;

14. Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent unauthorized absences from duty during regular office hours;

15. Habitual drunkenness;

16. Gambling prohibited by law;

17. Refusal to perform official duty or render overtime service;

18. Disgraceful, immoral or dishonest conduct prior to entering the service;

19. Physical or mental incapacity or disability due to immoral or vicious habits;

20. Borrowing money by superior officers from subordinates or lending by subordinates to superior officers;

21. Lending money at usurious rates of interest;

22. Willful failure to pay just debts or willful failure to pay taxes due to the government;

23. Contracting loans of money or other property from persons with whom the office of the employee concerned has business relations;

24. Pursuit of private business, vocation or profession without the permission required by Civil Service rules and regulations;

25. Insubordination;

26. Engaging directly or indirectly in partisan political activities by one holding non-political office;

27. Conduct prejudicial to the best interest of the service;

28. Lobbying for personal interest or gain in legislative halls and offices without authority;

29. 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;

30. Nepotism as defined in Section 49 of this Decree.

(c) Except when initiated by the disciplining authority, no complaint against a civil service official or employee shall be given due course unless the same is in writing and subscribed and sworn to by the complainant.

(d) In meting out punishment, the same penalties shall be imposed for similar offenses and only one penalty shall be imposed in each case. The disciplining authority may impose the penalty of removal from the service, transfer, demotion in rank, suspension for not more than one year without pay, fine in an amount not exceeding six months' salary, or reprimand.

Section 37. Disciplinary Jurisdiction.

(a) The Commission shall decide upon appeal all administrative disciplinary cases involving the imposition of a penalty of suspension for more than thirty days, or fine in an amount exceeding thirty days' salary, demotion in rank or salary or transfer, removal or dismissal from Office. A complaint may be filed directly with the Commission by a private citizen against a government official or employee in which case it may hear and decide the case or it may deputize any department or agency or official or group of officials to conduct the investigation. The results of the investigation shall be submitted to the Commission with recommendation as to the penalty to be imposed or other action to be taken.

(b) The heads of departments, agencies and instrumentalities, provinces, cities and municipalities shall have jurisdiction to investigate and decide matters involving disciplinary action against officers and employees under their jurisdiction. Their decisions shall be final in case the penalty imposed is suspension for not more than thirty days or fine in an amount not exceeding thirty days' salary. In case the decision rendered by a bureau or office head is appealable to the Commission, the same may be initially appealed to the department and finally to the Commission and pending appeal, the same shall be executory except when the penalty is removal, in which case the same shall be executory only after confirmation by the department head.

(c) An investigation may be entrusted to regional director or similar officials who shall make the necessary report and recommendation to the chief of bureau or office or department within the period specified in Paragraph d of the following Section.

(d) An appeal shall not stop the decision from being executory, and in case the penalty is suspension or removal, the respondent shall be considered as having been under the preventive suspension during the pendency of the appeal in the event he wins an appeal.

Section 38. Procedure in Administrative Cases Against Non-Presidential Appointees.

(a) Administrative proceedings may be commenced against a subordinate officer or employee by the head of department or office of equivalent rank, or head of local government, or chiefs or agencies, regional directors, or upon sworn, written complaint of any other persons.

(b) In the case of a complaint filed by any other persons, the complainant shall submit sworn statements covering his testimony and those of his witnesses together with his documentary evidence. If on the basis of such papers a prima facie case is found not to exist, the disciplining authority shall dismiss the case. If a prima facie case exists, he shall notify the respondent in writing, of the charges against the latter, to which shall be attached copies of the complaint, sworn statements and other documents submitted, and the respondent shall be allowed not less than seventy-two hours after receipt of the complaint to answer the charges in writing under oath, together with supporting sworn statements and documents, in which he shall indicate whether or not he elects a formal investigation if his answer is not considered satisfactory. If the answer is found satisfactory, the disciplining authority shall dismiss the case.

(c) Although a respondent does not request a formal investigation, one shall nevertheless be conducted when from the allegations of the complaint and the answer of the respondent, including the supporting documents, the merits of the case cannot be decided judiciously without conducting such an investigation.

(d) The investigation shall be held not earlier than five days nor later than ten days from the date of receipt of respondent's answer by the disciplining authority, and shall be finished within thirty days from the filling of the charges, unless the period is extended by the Commission in meritorious cases. The decision shall be rendered by the disciplining authority within thirty days from the termination of the investigation or submission of the report of the investigator, which report shall be submitted within fifteen days from the conclusion of the investigation.

(e) The direct evidence for the complainant and the respondent shall consist of the sworn statement and documents submitted in support of the complaint or answer, as the case may be, without prejudice to the presentation of additional evidence deemed necessary but was unavailable at the time of the filing of the complaint or answer, upon which the cross-examination, by respondent and the complainant, respectively, shall be based. Following cross-examination, there may be redirect and recross-examination.

(f) Either party may avail himself of the services of counsel and may require the attendance of witnesses and the production of documentary evidence in his favor through the compulsory process of subpoena or subpoena duces tecum.

(g) The investigation shall be conducted only for the purpose of ascertaining the truth and without necessarily adhering to technical rules applicable in judicial proceedings. It shall be conducted by the disciplining authority concerned or his authorized representative.

The phrase "any other party" shall be understood to be a complainant other than those referred to in subsection (a) hereof.

Section 39. Appeals. Appeals, where allowable, shall be made by the party adversely affected by the decision within fifteen days from receipt of the decision unless a petition for reconsideration is seasonably filed, which petition shall be decided within fifteen days. Notice of the appeal shall be filed with the disciplining office, which shall forward the records of the case, together with the notice of appeal, to the appellate authority within fifteen days from filing of the notice of appeal, with its comment, if any. The notice of appeal shall specifically state the date of the decision appealed from and the date of receipt thereof. It shall also specifically set forth clearly the grounds relied upon for excepting from the decision.

(b) A petition for reconsideration shall be based only on any of the following grounds: (1) new evidence has been discovered which materially affects the decision rendered; (2) the decision is not supported by the evidence on record; or (3) errors of law or irregularities have been committed prejudicial to the interest of the respondent: Provided, That only one petition for reconsideration shall be entertained.

Section 40. Summary Proceedings. No formal investigation is necessary and the respondent may be immediately removed or dismissed if any of the following circumstances is present:

(a) When the charge is serious and the evidence of guilt is strong;

(b) 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.

(c) When the respondent is notoriously undesirable.

Resort to summary proceedings by disciplining authority shall be done with utmost objectivity and impartiality to the end that no injustice is committed: Provided, That removal or dismissal except those by the President, himself, or upon his order, may be appealed to the Commission.

Section 41. Preventive Suspension. The proper disciplining authority may preventively suspend any subordinate officer or employee under his authority pending an investigation, in the charge against such officer or employee involves dishonesty, oppression or grave misconduct, or neglect in the performance of duty, or if there are reasons to believe that the respondent is guilty of charges which would warrant his removal from the service.

Section 42. Lifting of Preventive Suspension Pending Administrative Investigation. When the administrative case against the officer of employee under preventive suspension is not finally decided by the disciplining authority within the period of ninety (90) days after the date of suspension of the respondent who is not a presidential appointee, the respondent shall be automatically reinstated in the service: Provided, That when the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, the period of delay shall not be counted in computing the period of suspension herein provided.

Section 43. Removal of Administrative Penalties or Disabilities. In meritorious cases and upon recommendation in the Commission, the President may commute or remove administrative penalties or disabilities imposed upon officers or employees in disciplinary cases, subject to such terms and conditions as he may impose in the interest of the service.

ARTICLE X

PROHIBITIONS

Section 44. Limitation on Appointment.

1. No elective official shall be eligible for appointment to any office or position during his term of office.

2. No candidate who lost in an election shall be eligible for appointment to any office in the government, or in any government-owned or controlled corporation within one year following such election.

Section 45. Political Activity. No officer or employee in the Civil Service including members of the Armed Forces, shall engage directly or indirectly in any partisan political activity or take part in any election except to vote nor shall he use his official authority or influence to coerce the political activity of any other person or body. Nothing herein provided shall be understood to prevent any officer or employee from expressing his views on current political problems or issues, or from mentioning the names of candidates for public office whom he supports: Provided, That public officers and employees holding political offices may take part in political and electoral activities but it shall be unlawful for them to solicit contributions from their subordinates or subject them to any of the acts involving subordinates prohibited in the Election Code.

Section 46. Additional or Double Compensation. No elective or appointive public officer or employee shall receive additional or double compensation unless specifically authorized by law nor accept without the consent of the President, any present, emolument, office, or title of any kind from any foreign state.

Section 47. Limitation on Employment of Laborers. Laborers, whether skilled, semi-skilled or unskilled, shall not be assigned to perform clerical duties.

Section 48. Prohibition on Detail or Reassignment. No detail or reassignment whatever shall be made within three (3) months before any election.

Section 49. Nepotism.

(a) All appointments in the national, provincial, city and municipal governments or in any branch or instrumentality thereof, including government-owned or controlled corporations, made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over him, are hereby prohibited.

As used in this Section, the word "relative" and members of the family referred to are those related within the third degree either of consanguinity or of affinity.

(b) The following are exempted from the operation of the rules on nepotism: (1) persons employed in a confidential capacity, (2) teachers, (3) physicians, and (4) members of the Armed Forces of the Philippines: Provided, however, That in each particular instance full report of such appointment shall be made to the Commission.

The restriction mentioned in subsection (a) shall not be applicable to the case of 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, in which event the employment or retention therein of both husband and wife may be allowed.

(c) In order to give immediate effect to these provisions, cases of previous appointments which are in contravention hereof shall be corrected by transfer, and pending such transfer, no promotion or salary increase shall be allowed in favor of the relative or relatives who were appointed in violation of these provisions.

ARTICLE XI

MISCELLANEOUS PROVISIONS

Section 50. Examining Committee, Special Examiners and Special Investigators. Subject to approval by the proper head of department or agency, the Commission may select suitable persons in the government service to act as members of examining committees, special examiners or special investigators. Such person shall be designated examiners or investigators of the Commission and shall perform such duties as the Commission may require and in the performance of such duties they shall be under its exclusive control. Examining committees, special examiners or special investigators so designated may be given allowances or per diems for their services, to be paid out of the funds of, and at a rate to be determined by, the Commission.

Section 51. Fees. The Commission shall collect and charge fees for civil service examinations, certifications of civil service ratings, service records, and other civil service matters, training courses, seminars, workshops in personnel management and other civil service matters.

For this purpose, the Commission shall prescribe standard and reasonable rates for such examinations, certifications, training courses, seminars, and workshops: Provided, That the fees so collected in training courses, seminars and workshops, shall be used exclusively for training activities of the Commission: Provided, further, That no examination fees shall be collected in examinations given for the selection of scholars.

Section 52. Authority of Officers to Administer Oaths, Take Testimony, Prosecute and Defend Cases in Court. Members of the Commission, chiefs of offices, and other officers and employees of the Commission designated in writing by the Chairman may administer such oaths as may be necessary in the transactions of official business and administer oaths and take testimony in connection with any authorized investigation. Attorneys of the Commission may prosecute and defend cases in connection with the functions of the Commission before any court or tribunal.

Section 53. Liability of Appointing Authority. No person employed in the Civil Service in violation of the Civil Service Law and rules shall be entitled to receive pay from the government; but the appointing authority responsible for such unlawful employment shall be personally liable for the pay that would have accrued had the employment been unlawful, and the disbursing officials shall make payment to the employee of such amount from salary of the officers so liable.

Section 54. Liability of Disbursing Officers. Except as may otherwise be provided by law, it shall be unlawful for a treasurer, or other fiscal officer to draw or retain from the salary due an officer or employee any amount for contribution or payment of obligations other than those due the government or its instrumentalities.

Section 55. Penal Provision. Whoever makes any appointment or employs any person in violation of any provision of this Decree or the rules made thereunder or whoever commits fraud, deceit or intentional misrepresentation of material facts concerning other civil service matters, or whoever violates, refuses or neglects to comply with any of such provisions or rules, shall upon conviction be punished by a fine not exceeding one thousand pesos or by imprisonment not exceeding six (6) months, or both such fine and imprisonment in the discretion of the court.

ARTICLE XII

TRANSITORY PROVISIONS

Section 56. Government-owned or Controlled Corporations Personnel. All permanent personnel of government-owned or controlled corporations whose positions are now embraced in the civil service shall continue in the service until they have been given a chance to qualify in an appropriate examination, but in the meantime, those who do not possess the appropriate civil service eligibility shall not be promoted until they qualify in an appropriate civil service examination. Services of temporary personnel may be terminated any time.

Section 57. Authority to Use Appropriations. The Commission is hereby authorized to use such sums appropriated in Presidential Decree No. 733 and balances of existing certifications to accounts payable including prior years which have not yet been reverted to the unappropriated surplus, as are necessary to carry out the provisions of this Decree. Henceforth, appropriations to cover the salaries of officials and employees of the Civil Service Commission and its maintenance and operational expenses shall be included in the annual General Appropriations Decree.

Section 58. Vested Rights. Except as otherwise provided in this Decree, rights vested or acquired under the provisions of the old Civil Service Law, rules and regulations and any other Acts prior to the effectivity of this Decree shall be respected.

Section 59. Repealing Clause. All laws, rules and regulations or parts thereof inconsistent with the provisions of this Decree are hereby repealed or modified accordingly.

Section 60. Separability of Provisions. If any part, section or provision of this Decree shall be held invalid or unconstitutional, no other part, section or provision thereof shall be affected thereby.

Section 61. Effectivity. This Decree shall form part of the law of the land and shall take effect immediately.

DONE in the City of Manila, this 6th day of October, in the year of Our Lord, nineteen hundred and seventy-five.