In the Philippines, a civil servant found responsible for grave misconduct cannot have the dismissal penalty reduced simply because it is a first administrative offense. The 2025 civil service misconduct rules list grave misconduct as an offense punishable by dismissal.
Civil service misconduct rules on dismissal
Section 63 of the 2025 Rules on Administrative Cases in the Civil Service identifies grave misconduct as a grave offense punishable by dismissal from service.
Section 68 states that dismissal is an indivisible penalty that may neither be mitigated nor aggravated unless allowed by law. A first administrative offense therefore does not, by itself, reduce the penalty for grave misconduct.
Supreme Court addressed first-offense claims
In Hernandez v. Delgado, decided on June 9, 2026, Senior Associate Justice Marvic M.V.F. Leonen said grave misconduct could not be mitigated by claims that it was an officer’s first offense or that the officer had a long record of good service.
The decision cited an earlier case, Office of the Ombudsman v. Regalado, which distinguished the gravity of misconduct from how often it occurred. The court’s discussion also referred to the 2017 civil service rules.
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