CHAPTER 4:Administrative Discipline

Reported by: Eva R. Vicente

Professor : Mr. Guillermo Dela Cruz

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Administrative DisciplineIn any organization, a kind of discipline

must be present in order that subordinates can willingly carry out the instruction of their superiors and abide by established and known rules of conduct in the organization. It shall be the result of constructive, positive leadership, exercised within the framework of a clear, consistent disciplinary policy. The formulation of such a policy is mainly the task of the Secretary.

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Section 1. OBJECTIVES

1.1 The primary objectives of discipline are: Instill upon the mind of the members of the

organization that coordination and cooperation are the main concerns of good government in order that its aim and purposes may be truly attained.

Encourage the provision of the basic conditions that make for good discipline so that employees shall seldom “break the rues”, are self-disciplined, and respond better to reward than to punishment.

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Instill good teamwork and effective group work exercising disciplinary pressure on any of their members who fails to measure up to the expected standards of conduct and workmanship.

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Section 2. Sources of the Disciplinary Actions

2.1. In the public service, the matter of discipline is regulated by the Constitution, by the Civil Service Law, and regulations and related statutes.

2.2. When the attitude is unfavorable due to the faults of the workers, the action taken to correct them is known as “disciplinary action”

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Section 3: Disciplining Authorities

3.1 The right or power to discipline subordinates, officers and employees in any government office is exercised by the persons who have the direct or idirect supervision over them.

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3.2 However, authority to exercise the ultimate power to investigate the offending officer and employee and impose the corresponding penalty for the offense committed is vested only on one officer in an office referred to in the civil Service Decree of the Philippines as the “discipline authority” and the power vested in him/her is known as “disciplinary jurisdiction”

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3.3 The appointing authority has been given the concurrent disciplinary jurisdiction over his/her subordinate officers and employees. ( R.A. NO. 6040 in August, 1969, amending R.A. o. 2260, otherwise known as the Civil Service law)

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3.4 On October 6, 1975, R.A. No. 6040 was further amended by the Presidential Decree No. 807, otherwise known as the Civil Service Decree of the Philippines. Section 37 of the said Decree provides that: An Investigation may be entrusted to Regional Directors or similar officials who shall make necessary report and recommendations to the head of office or department.

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Section 4 . Kinds Of Discipline4.1 Positive Discipline- viewed from the standpoint of the individual proceeds from within and to a large extent is habitual reaction to established values customs, traditions, and regulations

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4.1.2 Positive discipline emphasizes the motivating factor or incentive.

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4.2 Negative Discipline- Involving force or some outward influence in its extreme form, proceeds on the theory that compliance is secured by the used of punishment or by the fear of penalties

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Section 5. Forms of Disciplinary Action

5.1 Disciplinary action or the negative discipline refers to administrative steps taken to correct employees misbehaviors related to job performance.

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5.2 Disciplinary action is effective only if it is firmly, promptly and consistently exercised.

5.3 The penalties meted out by the employer for violation of duties by his/ her employees cover a consirerable range and vary widely in severity depending upon the seriousness of the offense charged.

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5.4 The more usual forms of punishment are: warming or reprimand, reassignment of duties, demerits or reduction of efficiency rating , suspension without pay, demotion or dismissal.

5.4.1 The warming or reprimand is the least severe penalty and in the majority of instances a reprimand may prove sufficient.

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5.4.2 The second mild from of the punishment is reassignment to less desirable duties. This is frequently resorted to in the case of field workers and others who can be moved about without disrupting the service concerned.

5.4.3 A penalty which results in demerits or reduction from the performance rating of the employee may be severe since it may be serve since it may seriously retard his progress toward a better position.

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5.4.4 Suspension without pay is considered severe since the employee does not report to work for a time and does not receive the usual pay.

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5.4.5 Demotion with a reduction in pay is severe since the employee who suffers a demotion is subjected to a continuing penalty since his monthly earnings are permanently less than before action was taken. Demotion for disciplinary purposes is a penalty to be used with caution, as it invariably results in breaking the spirit and lowering the morale of the employee,

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5.4.6 Dismissal from the service is the most extreme penalty. It results not only in loss of income and status but also in the loss of other privileges.

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Section 6. Disciplinary Jurisdiction6.1 Heads of departments, agencies

and instrumentalities shall have concurrent jurisdiction to investigate and decide on matters involving disciplinary action. However, when the penalty imposed is reprimand or a fine not exceeding one month salary or suspension without pay for a period not exceeding one month the decision of the apermentioned heads shall be final. But if the penalty imposed is havier, the decision may be appealed to the Civil Service Commission.

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6.2 Section 36 (a), Article 9 of Presidential Decree No. 807, Provides that, no officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by the law and after the due process.

6.3 The interest of the officials and employees shall be safe guard against parties who, by hiding behind the cloak of anonymity, already betray dubious basis for, questionable motives behind their accusations or complaints.

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6.4 Removal as a mode of terminating the service of an officer or employee, is not necessarily disciplinary in character. A removal from the office may come about due to: (1) expiration of the term of office of the officer or employee removed; (2) abolition of the office