PHILIPPINE
LAWS
AGAINST
GRAFT & CORRUPTION
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This page features the full text of
Presidential Decree No. 6
Amending
Certain Rules on Discipline of Government Officials and Employees.
PRESIDENTIAL
DECREE NO. 6
AMENDING
CERTAIN RULES ON DISCIPLINE OF GOVERNMENT OFFICIALS AND EMPLOYEES.
Whereas, under Presidential Decree No. 1 dated September 23,
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 all 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:
a.
Dishonesty;
b.
Oppression;
c.
Misconduct;
d.
Neglect
of duty;
e.
Disgraceful
and immoral conduct;
f.
Being
notoriously undesirable, which is of common knowledge;
g.
Discourtesy
in the course of official duties;
h.
Inefficiency
and incompetence in the performance of official duties;
i.
Receiving
for personal use a fee, gift, or other valuable thing in the course of
official duties or in connection therewith when such a 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;
j.
Conviction
of a crime involving moral turpitude;
k.
Improper
or unauthorized solicitation of contributions from subordinate
employees
and by teachers or school officials from school children;
l.
Violation
of existing civil service law and rules or reasonable office
regulations;
m.
Falsification
of official document;
n.
Frequent
unauthorized absences or tardiness in reporting for duty, loafing or
frequent
unauthorized absences from duty during regular office hours;
o.
Habitual
drunkenness;
p.
Gambling
prohibited by law;
q.
Refusal
to perform official duty or render overtime service;
r.
Disgraceful,
immoral or dishonest conduct prior to entering the service;
s.
Physical
or mental incapacity or disability due to immoral or vicious habits;
t.
Borrowing
money by superior officers from subordinates to superior officers;
u.
Lending
money at usurious rates of interest;
v.
Willful
failure to pay just debts or willful failure to pay taxes due the
Government;
w.
Contracting
loans of money or other property from persons with whom the office of
the
employee concerned has business relations;
x.
Pursuit
of private business, vocation or profession without the permission
required
by these rules or existing regulations;
y.
Insubordination;
z.
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:
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.
Sec. 4. Repealing clause. - Any provision of 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.
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