Grave Misconduct
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, wilful intent to violate the
law or to disregard established rules, which must be established by substantial evidence.
The penalty imposable for the offense of Grave Misconduct is dismissal from the service.
Moreover, the penalty of dismissal from the service carry with it cancellation of eligibility,
forfeiture of retirement benefits, perpetual disqualification from holding public office and
bar from taking the civil service examinations.
The Supreme Court, in the case of Vertudes v. Buenaflor and Bureau of Immigration,9 ruled
as follows:
Misconduct has been defined as an intentional wrongdoing or deliberate violation of a rule
of law or standard of behavior, especially by a government official. As distinguished from
simple misconduct, the elements of corruption, clear intent to violate the law or flagrant
disregard of established rule, must be manifest in a charge of grave misconduct. Corruption,
as an element of grave misconduct, consists in the act of an official or fiduciary person
who unlawfully and wrongfully uses his station or character to procure some benefit for
himself or for another person, contrary to duty and rights of others. An act need not be
tantamount to a crime for it to be considered as grave misconduct as in fact, crimes
involving moral turpitude are treated as a separate ground for dismissal under the
administrative code.
(1) petitioner’s violation of an established and definite rule of action or unlawful behavior or
gross negligence, and (2) any of the aggravating elements of corruption, willful intent to
violate a law or to disregard established rules
Corpuz v. Ramite[r]re,8 dishonesty is defined as a
‘disposition to lie, cheat, deceive, or defraud; untrustworthiness, lack of integrity; lack of
honesty, probity or integrity in principle; lack of fairness and straightforwardness; disposition
to defraud, deceive or betray.’
(1) the dishonest act caused serious damage and grave prejudice to the government;
(2) the respondent gravely abused his authority in order to commit the dishonest act;
(3) where the respondent is an accountable officer, the dishonest act directly involves
property, accountable forms or money for which he is directly accountable and the
respondent shows an intent to commit material gain, graft and corruption;
(4) The dishonest act exhibits moral depravity on the part of respondent;
(5) The respondent employed fraud and/or falsification of official documents in the
commission of the dishonest act related to his/her employment;
(6) The dishonest act was committed several times or in various occasions;
(7) The dishonest act involves a Civil Service examination irregularity or fake Civil Service
eligibility such as, but not limited to impersonation, cheating and use of crib sheets; and,
(8) Other analogous circumstances.
RULE X. GROUNDS FOR ADMINISTRATIVE DISCIPLINARY ACTION
SECTION 1. In addition to the grounds for administrative disciplinary action prescribed under
existing laws, the acts and omissions of any official or employee, whether or not he holds
office or employment in a casual, temporary, hold-over, permanent or regular capacity,
declared unlawful or prohibited by the Code, shall constitute grounds for administrative
disciplinary action, and without prejudice to criminal and civil liabilities provided herein,
such as:
(H) Unfair discrimination in rendering public service due to party affiliation or preference;
