Immorality as ground for penalizing government employee

Immorality as ground for penalizing government employee "What is the penalty if a government employee is found guilty for immorality? Does being a single mother of a child whose father is already married constitute immorality?Lyn Dear Lyn,The Civil Service Commission (CSC), pursuant to the Constitution, is the agency that prescribes rules and regulations regarding disciplinary and non-disciplinary administrative cases against employees in government service. Specifically, the CSC adopted the Revised Rules on Administrative Cases in the Civil Service (RRACCS) for these administrative cases. The RRACCS shall apply to administrative cases brought before the Civil Service Commission, agencies and instrumentalities of the National Government, local government units and government owned and controlled corporation with original charter except as may be provided by law (Section 2, RRACCS). Administrative offenses of government employees are classified into grave, less grave or light, depending on their gravity or depravity and effects on the government service. An immoral conduct is an offense punishable under the RRACCS. However, its gravity may vary depending upon the period of the commission of such act. Under Section 46, Rule 10 of RRACCS, disgraceful or immoral conduct is classified as a grave offense 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 if it was done during the government service. However, if the disgraceful or immoral conduct was done prior to entering in government service, the offense shall only be considered a light offense punishable by reprimand for the first offense suspension of one (1) to thirty (30) days for the second offense and dismissal from the service for the third offense. The Supreme Court in the case of Anonymous v. Ma. Victoria P. Radam, A.M. No. P-07-2333, December 19, 2007, ruled that for a particular conduct to constitute “ disgraceful and immoral” behavior under the civil service laws, it must be regulated on account of the concerns of public and secular morality. It cannot be judged based on personal bias, specifically those colored by particular mores. Nor should it be grounded on “cultural” values not convincingly demonstrated to have been recognized in the realm of public policy expressed in the Constitution and the laws. At the same time, the constitutionally guaranteed rights (such as the right to privacy) should be observed to the extent that they protect behavior that may be frowned upon by the majority. Under these tests, two things may be concluded from the fact that an unmarried woman gives birth out of wedlock: 1. if the father of the child is himself unmarried, the woman is not ordinarily administratively liable for disgraceful and immoral conduct. It may be a not-so-ideal situation and may cause complications for both mother and child but it does not give cause for administrative sanction. There is no law which penalizes an unmarried mother under those circumstances by reason of her sexual conduct or proscribes the consensual sexual activity between two unmarried persons. Neither does the situation contravene any fundamental state policy as expressed in the Constitution, a document that accommodates various belief systems irrespective of dogmatic origins.2. if the father of the child born out of wedlock is himself married to a woman other than the mother, then there is a cause for administrative sanction against either the father or the mother. In such a case, the “disgraceful and immoral conduct” consists of having extramarital relations with a married person. The sanctity of marriage is constitutionally recognized and likewise affirmed by our statutes as a special contract of permanent union. Accordingly, judicial employees have been sanctioned for their dalliances with married persons or for their own betrayal of the marital vow of fidelity. Please be reminded that the above legal opinion is solely based on our appreciation of the facts that you have stated in your problem. The opinion may vary when the facts stated therein are added or elaborated." - https://www.affordablecebu.com/