OVP CODE OF DISCIPLINE
I
Policy
It shall be the policy of the Office of the Vice President (OVP) to
reform erring employees in order to promote discipline, integrity,
efficiency, courtesy, responsibility, and responsiveness in the
discharge of duties and responsibilities.
II
Scope
This shall apply to all regular, casual, and contractual personnel of the OVP.
III
Policy Guidelines
1. Utmost impartiality shall be exercised in meting out the appropriate penalty for an erring employee.
2. The immediate supervisor shall be primarily responsible for inculcating discipline among his subordinates.
3. Any infractions committed by any employee shall be formally
reported to the Chief, Human Resource Management Division (HRMD) by the
Division Chief of the erring employee within three (3) working days from
the commission of the offense. Said Division Chief shall recommend the
appropriate penalty.
4. A Committee on Discipline for Grave Offenses shall be constituted as follows:
| Chairman | Chief of Staff |
| Vice-Chairman | Director of Administration and finance |
| Members | Chief, Legal Staff, Chief, Human Resource Management Division Rank and File Representative |
The Committee shall thoroughly investigate, hear, evaluate, and
recommend to the Vice President the appropriate penalty for a grave
offense committed by an erring employee.
5. This Code of Discipline shall be in accordance with existing and
pertinent Civil Service and other government laws, rules and
regulations.
6. Appeals or motions for reconsideration on the penalties meted out
by any authorized official or the Committee on Discipline for Grave
Offenses may be elevated to the next higher authority within five (5)
working days upon receipt of the decision. The lapse of the
prescriptive period shall be construed as a waiver of the right to
appeal. The Committee or the Vice-President, as the case may be, shall
render its or his decision within ten (10) working days from date of
filing of the appeal or motion for reconsideration. The decision of the
Vice-President shall be final and executory.
IV
Procedure
The following are the standard procedures to be followed:
1. The Division Chief shall discuss with the erring employee
the offense committed. If the explanation given by the employee
concerned is unsatisfactory to the division Chief, the latter shall
submit a formal report to the HRMD, copy furnished the Director
concerned. If the immediate supervisor concerned is remiss in the duty
of disciplining his subordinate employee, the HRMD may assume this
specific role.2. In case of a light offense, the HRMD conducts the
necessary investigation and evaluation and applies the appropriated
disciplinary measure. The HRMD recommends to the Chief of Staff,
through the Director for Administration and Finance, the appropriate
penalty for less grave offenses. Grave offenses shall be within the
jurisdiction of the Committee on Discipline for Grave Offenses, which
shall be assisted by the HRMD.
V
Actionable Offenses Based on P.D. 807 and R.A. 6713
A. Light Offenses
1. * Neglect of duty,
2. *Discourtesy in the course of official duties;
3. *Improper and unauthorized solicitation and contributions from subordinate employees;
4. *Violation of reasonable office rules and regulations;
5. *Gambling within office premises;
6. *Refusal to render overtime service;
7. *Disgraceful, immoral, or dishonest conduct prior to entering the service;
8. *Borrowing money by superior officers from subordinates or lending by subordinates to superior officers;
9. *Lending money at usurious rates of interest;
10. * Willful failure to pay just debts or willful failure to pay taxes due to the government;
11. *Pursuit of private business, vocation, or profession without
the permission required by Civil Service rules and regulations.
12. *Lobbying for personal interest or gain in legislative halls and offices without authority;
13. * Promoting the sale of tickets on 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;
14. *Failure
to act promptly on letters and requests within fifteen (15) days from
receipt, except as otherwise provided in the rules implementing the Code
of Conduct and Ethical Standards for Public Officials and Employees;
15. **Failure to process documents and complete action on documents
and papers within a reasonable time from preparation thereof, except as
otherwise provided in the rules implementing the Code of Conduct and
Ethical Standards for Public Officials and Employees; and
16. **Failure to attend to anyone who wants to avail himself of the
services of the office, or act promptly and expeditiously on public
transactions;
B. Less Grave Offenses
1. * Simple neglect of duty;
2. * Simple misconduct;
3. * Cross discourtesy in the course of official duties;
4. * Gross violation of existing Civil Service Law and rules of serious nature;
5. * Insubordination;
6. * Habitual drunkenness;
7. * 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 (1) law, or
(2) international agreements, commitment, and obligation, or (3) as
part of the function of his office;
8. ** Unfair discrimination in rendering public service due to party affiliation or preference;
9. ** 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;
10. ** Failure to resign from his position in a private business
enterprise within thirty (30) days from assumption of public office when
conflict of interest arises, or failure to divest himself of his
shareholdings or interest In a private business enterprise within sixty
(60) days from such 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 of said interest within the periods
herein above provided, reckoned from the date when the conflict of
interest had arisen.
C. Grave Offenses
1. * Dishonesty;
2. * Gross neglect of duty;
3. * Grave misconduct;
4. * Being notoriously undesirable;
5. * Conviction of a crime involving moral turpitude;
6. * Falsification of official document;
7. * Engaging directly or indirectly in partisan political activities by one holding non-political office;
8. * Receiving for personal use a fee, gift other valuable thing
in the course of official duties or in connection therewith when such
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
to other persons, or committing acts punishable under the anti-graft
law;
9. * Contracting loans of money or other property from persons with whom the office of the employee has business relations;
10. * Soliciting or accepting directly or indirectly any gift,
gratuity, favor, entertainment, loan, or anything monetary value which
in the course of his official duties or in connection with any operation
being regulated by, or any transaction which may be affected by the
functions of his office. The propriety or impropriety of the foregoing
shall be determined by its value, kinship, or relationship between giver
and receiver and the motivation. A thing of monetary value is one which
is evidently manifestly excessive by its very nature;
11. * Disloyalty to the Republic of the Philippines and to the Filipino people;
12. * Oppression;
13. * Disgraceful and immoral conduct;
14. * Inefficiency and incompetence in the performance of official duties;
15. * Frequent unauthorized absences or tardiness in reporting for
duty, loafing, or frequent unauthorized absences from duty during
regular office hours (construed as 5 times or more absences or tardiness
within the month, without approved leave application or consent of
immediate supervisor);
16. * Refusal to perform official duty;
17. * Gross insubordination;
18. * Conduct grossly prejudicial to the best interest of the service;
19. * Directly or indirectly having financial and material interest
in any transaction requiring the approval of his office. Financial and
material interest is defined as pecuniary or proprietory interest by
which a person will gain or lose something;
20. ** Engaging in the private practice of his profession unless
authorized by the Constitution, law, or regulation, provided that such
practice will not conflict with his office functions;
21. ** 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 give undue advantage
to anyone, or to prejudice the public interest; and
22. ** Obtaining or using any statement filed under the Code of
Conduct and Ethical Standards for Public Officials and Employees for any
purpose contrary to morals or public policy or any commercial purpose
other than by news and communications media for dissemination to the
general public.
V
Administrative Penalties
|
A. Light Offenses |
|
|
|
First Offenses |
– |
Written Reprimand |
|
Second Offense |
– |
Suspension for one to thirty days |
|
Third Offense |
– |
Dismissal (includes cancellation of eligibility, |
|
B. Less Grave Offenses |
|
|
|
First Offense |
– |
Suspension for one month and one day to six months |
|
Second Offense |
– |
Dismissal |
|
C. Grave Offenses |
|
|
|
First Offense
|
– |
Dismissal for infractions 1 to 12 enumerated under Actionable Offenses classified as Grave Offenses (Section V-C) |
|
First Offense |
– |
Suspension for six months and one day to one |
|
Second Offense |
– |
Dismissal for infractions13 to 24 of Section V-C |
VII
Effectivity
All previous OVP issuances inconsistent herewith are hereby superseded or modified accordingly.
This Standard Operating Procedure (SOP) takes effect on 01 January 1990.
Adopted: 18 Dec. 1989
(SGD.) ANTONIO M. DE GUZMAN
Chief of Staff
[*] offenses under P.D. 807.