Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 6)
The purpose of Presidential Decree No. 6 is to amend certain rules on the discipline of government officials and employees, to clean the public service of undesirable officials and employees, and to ensure the expeditious disposition of administrative cases against such officials and employees.
Grounds for disciplinary action include dishonesty, oppression, misconduct, neglect of duty, disgraceful and immoral conduct, inefficiency, conviction of a crime involving moral turpitude, falsification of official documents, habitual drunkenness, insubordination, engaging in partisan political activities, nepotism, and other related causes enumerated in the decree.
The Department Head has authority to remove, separate, suspend, and discipline officers and employees under their jurisdiction, except presidential appointees. Chiefs of bureaus and offices can investigate and decide administrative complaints with limited penalties. Appeals from removal decisions go to the Civil Service Commission.
No formal investigation is necessary and the respondent may be immediately removed or dismissed if the charge is serious with strong evidence of guilt, if the respondent is a recidivist with reasonable grounds of guilt, or if the respondent is notoriously undesirable.
An appeal does not stop the decision from being executory; however, if the respondent wins on appeal, they are considered as having been under suspension during the pendency of the appeal.
Nepotism is defined as nepotism pursuant to Section 30 of the Civil Service Law, as amended, referring to favoritism granted to relatives or close personal friends in government employment or promotion.
Chiefs of bureaus and offices can impose penalties such as suspension without pay for not more than 30 days or a fine not exceeding 30 days' salary, which are final. Penalties higher than these can be appealed to the Department Head, with the penalty being executory except in removal cases.
Receiving for personal use a fee, gift, or other valuable thing in connection with official duties when given in the hope or expectation of receiving favors, or committing acts punishable under anti-graft laws, are prohibited.
Misconduct and neglect of duty include frequent unauthorized absences or tardiness, refusal to perform official duty or overtime service, engaging in private business without permission, and other acts prejudicial to service.
This decree takes effect immediately upon promulgation, and any laws, rules, or regulations conflicting with it are modified or repealed accordingly.