Disgraceful, immoral conduct; penalties
Section 1, Memorandum Circular No. 15[1] of the Civil Service Commission defines disgraceful and immoral conduct as a willful act that violates basic decency or morality of society. It states:
It may be committed in a scandalous or discreet manner, within or out of the workplace.[2] A complaint may be brought or initiated by the disciplining authority or any person against the parties involved.[3]
According to Section 46 B.3, Rule 10 of the RRACCS, disgraceful and immoral conduct is a grave offense which is punishable by suspension from the service for six (6) months and one (1) day to one (1) year for the first offense, and dismissal for the second offense.[4]
In Sealana-Abbu v. Laurenciana-Huraño,[5] the Supreme Court suspended for a period of one year two court stenographers who were engaged in an illicit relationship and were morally indifferent to and callously disregarded the feelings of others.
In Banaag v. Espeleta,[6] a court interpreter for the Regional Trial Court of Quezon City would have been suspended for six months and one day for engaging in an amorous relationship with a married man had she not peremptorily resigned from her post.[7]
Section 1. Definition of Disgraceful and Immoral conduct – Disgraceful and Immoral Conduct refers to an act which violates the basic norm or decency, morality and decorum abhorred and condemned by the society. It refers to conduct which is willful, flagrant or shameless, and which shows a moral indifference to the opinions of the good and respectable members of the community.
It may be committed in a scandalous or discreet manner, within or out of the workplace.[2] A complaint may be brought or initiated by the disciplining authority or any person against the parties involved.[3]According to Section 46 B.3, Rule 10 of the RRACCS, disgraceful and immoral conduct is a grave offense which is punishable by suspension from the service for six (6) months and one (1) day to one (1) year for the first offense, and dismissal for the second offense.[4]
In Sealana-Abbu v. Laurenciana-Huraño,[5] the Supreme Court suspended for a period of one year two court stenographers who were engaged in an illicit relationship and were morally indifferent to and callously disregarded the feelings of others.
In Banaag v. Espeleta,[6] a court interpreter for the Regional Trial Court of Quezon City would have been suspended for six months and one day for engaging in an amorous relationship with a married man had she not peremptorily resigned from her post.[7]
[1] AMENDING CERTAIN PROVISIONS OF THE RULES ON THE ADMINISTRATIVE OFFENSE OF DISGRACEFUL AND IMMORAL CONDUCT.
[2] Memorandum Circular No. 15, Section 4 provides:
Section 4. Manner of Commission of the Offense – The acts consisting of the administrative offense of Disgraceful and Immoral conduct may be committed in a scandalous or discreet manner, within or out of the workplace.
[3] Memorandum Circular No. 15, Section 2 provides:
Section 2. Complaint for Disgraceful and Immoral Conduct; Who may Initiate/File: – A complaint for Disgraceful and Immoral Conduct may be initiated by the disciplining authority or filed by any person against the parties involved, whether married or unmarried.
[4] REVISED RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE, Rule 10, Section 46 B.3 provides:
Section 46. Classification of Offenses. – Administrative offenses with corresponding penalties are classified into grave, less grave or light, depending on their gravity or depravity and effects on the government service.
x x x x
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:
x x x x
3. Disgraceful and immoral conduct;
x x x x
[5] 558 Phil. 24 (2007).
[6] 677 Phil. 552 (2011).
[7] Ms. Espeleta was instead fined P50,000.00 for her infraction. Id. at 560.