Malfeasance Performance of some act that is wrongfulMisfeasance Performance of a lawful act in an unlawful or culpable mannerUltra Vires Performance of an act in excess of ones legal authorityNon-feasance Omission or Non-performance of official power, authority, functions, duties or responsibilities required by lawMALFEASANCEMISFEASANCEULTRA VIRESNON FEASANCEOmissionACCOUNTABLELIABLECULPABLEAdministrativelyDishonesty is the concealment or distortion of truth, which shows lack of integrity or a disposition to defraud, cheat, deceive or betray and an intent to violate the truth. (CSC Resolution No. 060538, dated April 4, 2006)Classification of DishonestySerious Dishonesty Punishable by dismissal from the service:a. The dishonest act caused serious damage and grave prejudice to the government.b. The respondent gravely abused his authority in order to commit the dishonest act.c. Where the respondent is an accountable officer, the dishonest act directly involves property, accountable forms or money for which he/she is directly accountable and the respondent shows an intent to commit material gain, graft and corruptionClassification of DishonestySerious Dishonestyd. The dishonest act exhibits moral depravity on the part of the respondent.e. The respondent employed fraud and/or falsification of official documents in the commission of the dishonest act related tohis/her employmentClassification of DishonestySerious DishonestyClassification of DishonestyLess Serious Dishonesty 1st offense - Suspension from 6 months and 1 day to1 year2nd offense DismissalLess Serious Dishonesty a.The dishonest act caused damage and prejudice to the government which is not so serious as to qualify as Serious DishonestyClassification of DishonestyClassification of DishonestyLess Serious Dishonestyb.The respondent did not take advantage of his/her position in committing the dishonest act.c. Other analogous circumstancesClassification of DishonestySimple Dishonesty 1st offense - Suspension from 1 monthand 1 day to 6 months2nd offense 6 months and 1 day to1 year3rd offense - DismissalClassification of DishonestySimple Dishonesty a. The dishonest act did not causedamage or prejudice to the governmentb. The dishonest act has no direct relation to or does not involve the duties and responsibilities of the respondentClassification of DishonestySimple Dishonesty c. In falsification of any official document, where the information falsified is not related to his/her employment.d. That the dishonest act did not result in any gain or benefit to the offendere. Other analogous circumstances.Classification of DishonestySimple Dishonesty Neglect as applied to public officers means a failure on his part to do and perform some of the duties of his office. It implies wanton negligence and open disregard to ones duties and functions. Negligence means want of care required by the circumstances. 1.Gross Neglect of Duty1stoffense dismissal2. Simple Neglect of Duty1stoffense- suspension of 1 month and 1 day to 6 months2ndoffense - dismissalItIt is the transgression of some established and definite rule of action, more particularly unlawful behavior or gross negligence by a public officer.1.Grave Misconduct1stoffense- dismissal2. Simple Misconduct1stoffense suspension 1 mo. 1 day to 6 mos.2ndoffense - dismissalIn Grave Misconduct as distinguished from Simple Misconduct, the elements of corruption, clear intent to violate the law or flagrant disregard of established rule, must be manifest. Landrito vs CSC 223 SCRA 564The offense is based mainly on the general reputation of the employee for being difficult to work with, due to his quarrelsome attitude and/or repeated infractions of office rules. The focus of this office is the totality of his conduct in office and not his liability for the individual acts. The test of being notoriously undesirable is two-fold: whether it is common knowledge or generally known as universally believed to be true or manifest to the world. San Luis vs CA 174 SCRA 258Punishable by dismissal on the first commission.Moral Turpitude is defined as an act of baseness, vileness or depravity in the private and social duties which a man owes his fellowmen to society in general, contrary to the accepted and customary rule of right and duty between man and woman or conduct contrary to justice, honesty, modesty or good moral. Some of the particular crimes that involve moral turpitude are: adulteryconcubinagerapearsonevasion of income taxbigamybriberyextortionforgerymurderfalsificationestafaperjuryseductionDISMISSAL FIRST OFFENSEMisrepresentation of a thing, fact or condition, certifying that a thing is true when it is not."Dishonesty and Falsification are conduct whichconnotes untrustworthiness and lack ofintegrity, disposition to lie, cheat, deceive,betray. This censurable conduct assumesgreater meaning when the offender is apublic officer who is circumscribed with aheavy burden of responsibility to the public,and whose conduct must, at all times, beimpressed with decency, decorum andpropriety."PENALTY- DISMISSAL 1STOFFENSEAll appointments in the government made in favor of a relative within a the third (now fourth) degree of the recommending or of appointing authority, or of the chief of bureau or office, or of the person exercising immediate supervision over him are prohibited Section 59 (1) Subtitle A Book I, Book V of EO 292Example 1: 4th civil degreeYou or spouseFatherGrandfatherUncleSister1stcousin122341stcousin4Example 2: 4th civil degreeYou or spouseFatherSisterNieceGrandnieceGrandfather1 2234AN ACT OF CRUELTY, SEVERITY, UNLAWFUL EXACTION, DOMINATION OR EXCESSIVE USE OF AUTHORITY. BAD FAITH, BIAS AND PARTIALITY MUST BE EVIDENT. It is an act which violates the basic norm of decency and is repulsive to normal standards of decency, morality and decorum. It is an act which society abhors and condemns and which must be penalized when committed by a public officer. This is for the reason that the conduct of a public official or employee must always be beyond reproach (Ayuste, Gina P., CSC Resolution No. 00-0185)Religious belief and practice may justify an otherwise illicit relations provided it is sanctioned by the parties religious organization.(Estrada vs. Escritor, A.M. No. P-02-1651, August 4, 2003)1stoffense- 6 mos. and 1 day to 1 year 2ndoffense dismissal from the serviceINCOMPETENCE. The manifest lack of adequate ability and fitness for the satisfactory performance of the officers duty. It also connotes want of physical or intellectual or moral fitness.INEFFICIENCY It implies negligence, incompetence, ignorance and carelessness.First Offense: Demotion 2ndoffense-DISMISSALAn employee shall be considered habitually absent if he incurs unauthorized absences exceeding the allowable 2.5 days monthly leave credit for: At least 3 months in a semester At least 3 consecutive months during the yearIt could be a grave offense or a light offense depending on the frequency of its commission and its effect to the general service1stoffense-suspension 6 mos 1 day to 1 year2ndoffense-dismissal from the service1stoffense - Reprimand2ndoffense Suspension 1 to 30 days3rdoffense Dismissal from the serviceAny act or connduct of an officer who are under duty to perform, signifying intention not to perform1stoffense suspension 6 mos 1 day to 1 year2ndoffense - dismissalIt is a deliberate and willful refusal to comply with the lawful order or request of a higher authority. 1stoffense suspension 6 mos 1 day to 1 year2ndoffense- dismissal1stoffense suspension 1 mo 1 day to 6 mos2ndoffense- Suspension 6 mos 1 day to 1 year3rd offense - dismissalThe unwarranted act of a public officer which resulted to an undue prejudice to the best interest of the service.PENALTY:1st offense suspension 6 mos 1 day to 1 year2ndoffense - dismissal Engaging directly or indirectly in partisan political activities by one holding non-political office Physical or mental incapacity due to vicious habits 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 in the hope of expectatiopn oof receiving favor or better treatment than that accorded to ather person, or committing acts punishable under the anti graft law. Contracting loans of money or other property with the person with whom the office of the employee has business relations Soliciting or accepting directly or indirectly any gift, gratuity, favor, entertainment, loan or anything of monetary value, which in the course of his official duty or in connection with any operation being regulated by, or any transaction which may be affected by the function of his office Disloyalty to the republic of the Philippines or to the Filipino people Directly or indirectly having financial or material interest in any transaction requiring the approval of his office. Financial and material interest is defined as peciniary or proprietary interest by which a person will gain or lose something. Disclosing or misusing confidential or classified information officially known to him by reason of his office and not made available to the public, to further his private interest or to give undue advantage to anyone or to prejudice the public interest. Obtaining or using any statement filed under RA 6713 for any purpose contrary to morals or public policy or any commercial purpose other than by news or media communications media for disseminationto the general public Recommending any person to any position in a private enterprise which has a regular or pending official transaction with his office unless such recommendation or referral is mandated by law or international agreement, commitment and obligation or as part of the function of his office.1stoffense suspension 1 mo 1 day2ndoffense dismissalDISCOURTESY is defined as incivility, ill manners, rudeness of behavior or language, an impolite act. Even without using rude or impolite language, a person may still be discourteous by the tone and manner the satements were made.AS LESS GRAVE OFFENSE: Gross Discourtesy1STOffense 1 mo 1 day to 6 mos2ndoffense dismissal AS LIGHT OFFENSE: Discourtesy in the Course of Official Duties1stoffense- Reprimand2ndOffense 1 day to 30 days3rd offense dismissalOne who frequently and repeatedly becomes intoxicated by excessive indulgence in intoxicating liquor so as to acquire a fixed habit and an involuntary tendency to become intoxicated as often as the temptation is presented, even though he remains sober for days or even weeks at a time. Blacks Law Dictionary1stoffense Suspension 1 mo 1 day to 6 mos2ndoffense - Dismissal Violation or Existing Civil Service Law and Rules of Serious Narure Unfair Discrimination in rendering public service due to part affiliation or preference Failure to file SSALNW and DBIFC Conflict of Interest1stoffense - Reprimand2ndOffense Suspension 1 to 30 days3rdoffense - DismissalA person is considered habitually tardy if he incurs tardiness , regardless of the number of minutes, 10 times a month for:-At least 2 months in a semester or - for 2 consecutive months during the yearJust Debts shall apply only to:1.Claims adjudicated by the court of law;2. Claims the existence and justness of which are admitted by the debtor Improper or Unauthorized solicitation of contribution from subordinate employee Violation of reasonable Office rules and Regulations Gambling prohibited by law Refusal to render overtime serviceLending money at usurious rate of interest Disgraceful Immoral or Dishonest Conduct Prior to to entering the service Borrowing money by superior from subordinates Lobbying for Personal Interest or gain in legislative halls or offices Promoting the sales of private tickets Failure to act promptly on letters and requests within 15 days from receipt. Failure to process documents and complete action on documents and papers within reasonable time Failure to attend to anyonewho wants to avail himself of the services of the office or act promptly and expeditiously on public transactions. Engaging in unauthorized private practice of his profession Pursuit of private business, vocation or profession without the permission required by the CSC rules and regulations In or on the premises, building and grounds of government agencies providing health, education and/or social welfare development services such as hospital, health centers, schools and universities, colleges.In all areas of government premises, building and grounds, except for open spaces designated as smoking areasRefers to an outdoor space designated by the head of the agency that meets the following requirements:1.Located in an open-space with no permanent or temporary of or walls in an outdoor area;2.It shall not be located within 10 meters of entrances, exits or any place where people pass or where people congregate 3.It shall not have an area larger than 10 sq. m.4. No government building shall have more than one designated smoking area;5. No food or drinks shall be served in the designated smoking area;6. Every smoking area shall have highly visible and prominently displayed Smoking Area signagesConsumption of alcoholic beverages in the workplace among government officials and employees during office hours is prohibitedReporting for work under the influence of alcohol is also prohibitedPrograms and rituals such as ceremonial toast and observance/honoring of local customs and traditionGUILTY OF SIMPLE MISCONDUCTFirst Offense 1 month and 1 day to 6 monthsSecond Offense - Dismissal-ATTY. ELLEN-