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Question
Refusal to receive memoranda issued by the head of office
Mick Mars/Forum
Sir:
This refers to your query on the penalty for a subordinate who refuses to receive issued memoranda by the school head.
Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.
Nonetheless, we wish to invite your attention to the following laws and jurisprudence, which may be relevant in your case:
1. Section 50 (
(10) and (D) (2), Rule 10 (Administrative Offenses and Penalties) 2017 Rules on Administrative Cases in the Civil Servicea. “B. The following grave offenses shall be punishable by suspension of six (6) months and one (1) day to one (1) year for the first offense and dismissal from the service for the second offense:
“10. Conduct Prejudicial to the Best Interest of the Service;”
“The corresponding penalty for conduct prejudicial to the best interest of the service may be imposed upon an erring public officer as long as the questioned act or conduct taints the image and integrity of the office; and the act need not be related to or connected with the public officer’s official functions.”(Macario Catipon, Jr. vs. Jerome Japson, G.R. No. 191787, June 22, 2015)
b. “D. The following less grave offenses are punishable by suspension of one (1) month and one (1) day to six (6) months for the first offense; and dismissal from the service for the second offense:.
“2. Simple Misconduct;”
“In Civil Service Commission v. Ledesma (GR No. 154521, September 30, 2005) we held that misconduct is a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by a public officer. The misconduct is grave if it involves any of the additional elements of corruption, willful intent to violate the law or to disregard established rules, which must be proved by substantial evidence. Otherwise, the misconduct is only simple. A person charged with grave misconduct may be held liable for simple misconduct if the misconduct does not involve any of the additional elements to qualify the misconduct as grave. Grave misconduct necessarily includes the lesser offense of simple misconduct. (Emphasis ours)
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