Simple Misconduct

1st Offense – Suspension for one (1) month and
Simple Misconduct one (1) day to six (6) months

2nd Offense – Dismissal
(https://i.gov.ph/policies/signed/memorandum-circular-govmail-service-policy/annex-3b-
administrative-offenses-sanctions-based-csc-uniform-rules-administrative-cases-civil-service/)
MEMORANDUM CIRCULAR, CSC MC No. 16, s. 2010
TO: ALL HEADS OF DEPARTMENTS, BUREAUS, OFFICES AND AGENCIES OF

THE NATIONAL GOVERNMENTS, INCLUDING STATE UNIVERSITIES AND
COLLAGES AND GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS
WITH ORIGINAL CHARTER
SUBJECT: Policy on Undertime
Pursuant to CSC Resolution No. 10-1357* dated July 6, 2010, the Commission resolves that
undertime is not classified as tardiness. However, due to the inimical effect of undertime to
public service, which cannot be countenanced, the following guidelines on Undertime is hereby
promulgated, as follows:
1. Any officer or employee who incurs undertime, regardless of the number of minutes/hours, ten
(10) times a month for at least two months in a semester shall be liable for Simple Misconduct
and or/Conduct Prejudicial to the Best Interest of the Service, as the case may be; and
2. Any officer or employee who incurs undertime, regardless of the number of minutes/hours, ten
(10) times a month for at least two (2) consecutive months during the year shall be liable for
Simple Misconduct and/or Conduct Prejudicial to the Best Interest of the Service, as the case
may be.
MEMORANDUM CIRCULAR, CSC MC No. 17, s. 2010
TO: ALL HEADS OF DEPARTMENTS, BUREAUS, OFFICES AND AGENCIES OF

THE NATIONAL GOVERNMENTS, INCLUDING STATE UNIVERSITIES AND
COLLEGES AND GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS
WITH ORIGINAL CHARTER
SUBJECT: Policy on Half Day Absence
Pursuant to CSC Resolution No. 10-1358* dated July 6, 2010, the Commission resolves to
promulgate the following guidelines on Half Day Absence, as follows:
1. Any officer or employee who is absent in the morning is considered to be tardy and is subject
to provisions on Habitual Tardiness; and
2. Any officer or employee who is absent in the afternoon is considered to have incurred
undertime, subject to the provisions on Undertime.
BIR vs. Organo, G.R. No. 149549, February 26, 2004

In Arcenio v. Pagorogon, the Court defined misconduct as "a transgression of some established
and definite rule of action, more particularly, unlawful behavior or gross negligence by a public
officer." As differentiated from simple misconduct, in grave misconduct "the elements of
corruption, clear intent to violate the law or flagrant disregard of established rule, must be
manifest."
FIO OMB vs. Castillo, G.R. No. 221848, August 30, 2016
There are two (2) types of misconduct, namely: grave misconduct, with which respondent was
charged, and simple misconduct. In grave misconduct, as distinguished from simple misconduct,
the elements of corruption, clear intent to violate the law, or flagrant disregard of an established
rule must be manifest. Without any of these elements, the transgression of an established rule is
properly characterized merely as simple misconduct.
Revised Rules on Administrative Cases in Civil Service

PENALTIES Rule 10 SCHEDULE OF PENALTIES
D. The following less grave offenses are punishable by suspension of one (1) month and one (1)
day suspension to six (6) months for the first offense; and dismissal from the service for the
second offense: 1. Simple Neglect of Duty;
2. Simple Misconduct;
3. Discourtesy in the course of official duties;
- Republic Act 6713 mandates public officials to observe courtesy. It mandates public officers to
observe professional and courteous behavior as there are penalties for violations.
- Section 11. Penalties. - (a) Any public official or employee, regardless of whether or not he
holds office or employment in a casual, temporary, holdover, permanent or regular capacity,
committing any violation of this Act shall be punished with a fine not exceeding the equivalent
of six (6) months' salary or suspension not exceeding one (1) year, or removal depending on the
gravity of the offense after due notice and hearing by the appropriate body or agency. If the
violation is punishable by a heavier penalty under another law, he shall be prosecuted under the
latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment
not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and,
in the discretion of the court of competent jurisdiction, disqualification to hold public office.
(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient
cause for removal or dismissal of a public official or employee, even if no criminal
prosecution is instituted against him.
(c) Private individuals who participate in conspiracy as co-principals, accomplices or

accessories, with public officials or employees, in violation of this Act, shall be subject to
the same penal liabilities as the public officials or employees and shall be tried jointly
with them.
(d) The official or employee concerned may bring an action against any person who
obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The
Court in which such action is brought may assess against such person a penalty in any
amount not to exceed twenty-five thousand pesos (P25,000). If another sanction
hereunder or under any other law is heavier, the latter shall apply.
4. Violation of existing Civil Service Law and rules of serious nature;

5. Insubordination;
6. Habitual Drunkenness;
7. Unfair discrimination in rendering public service due to party affiliation or preference;
8. Failure to file sworn statements of assets, liabilities and net worth, and disclosure of business
interest and financial connections including those of their spouses and unmarried children under
eighteen (18) years of age living in their households;
9. Failure to resign from his/her position in the private business enterprise within thirty (30) days
from assumption of public office when conflict of interest arises, and/or failure to divest
himself/herself of his/her shareholdings or interest in private business enterprise within sixty (60)
days from assumption of public office when conflict of interest arises; Provided, however, that
for those who are already in the service and conflict of interest arises, the official or employee
must either resign or divest himself/herself of said interest within the periods hereinabove
provided, reckoned from the date when the conflict of interest had arisen; and
10. Engaging directly or indirectly in partisan political activities by one holding non-political
office.

Simple Misconduct

Uploaded by

Simple Misconduct

Uploaded by

1st Offense – Suspension for one (1) month and

Simple Misconduct one (1) day to six (6) months

MEMORANDUM CIRCULAR, CSC MC No. 16, s. 2010

TO: ALL HEADS OF DEPARTMENTS, BUREAUS, OFFICES AND AGENCIES OF

MEMORANDUM CIRCULAR, CSC MC No. 17, s. 2010

TO: ALL HEADS OF DEPARTMENTS, BUREAUS, OFFICES AND AGENCIES OF

SUBJECT: Policy on Half Day Absence

BIR vs. Organo, G.R. No. 149549, February 26, 2004

Revised Rules on Administrative Cases in Civil Service

(c) Private individuals who participate in conspiracy as co-principals, accomplices or

4. Violation of existing Civil Service Law and rules of serious nature;

You might also like