jurisprudence 3

ADMINISTRATIVE ACTION IN NURSING PRACTICE

Nelia B. Perez RN, MSNNortheastern College

Santiago CityPhilippines

• Art. XII, Sec 1 of the 1987 Constitution

• Sec. 39 of RA No. 6713 – Code of Conduct for Public Officials and Employees

• R.A. 3019, Sec. 3(e) – Anti Graft Law

Provisions inc. in the NCC @ negligence of public officials

• Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe honesty and good faith. (Art.19)

• Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same . (Art. 20)

• Any person who willfully causes loss or injury to another person in a manner that is contrary to morals, good customs or public policy shall compensate the latter for damages. (Art. 21)

Four-Way test

• Selection and engagement of the employee.

• Payment of wages

• Power of dismissal

• Power to control the employee’s conduct

Due Process

• A law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.

Administrative Due Process

• The right to notice, be it actual or constructive, of the institution of proceedings that may affect the person’s legal right;

• Reasonable opportunity to appear and defend his/her right, introduce witnesses and relevant evidence in his favor.

• A tribunal so constituted as to give him / her reasonable assurance of honesty and impartiality and one of competent jurisdiction; and

• A finding or decision by that tribunal supported by substantial evidence presented at the hearing, or at least contained in the records or disclosed to the parties affected.

Public Accountabilities of NursesKinds of Public Accountabilities

• Financial accountability

• Compliance accountability

• Managerial accountability

• Results accountability

Kinds of Administrative Offenses• Grave offenses, the 1st offense of

which is punishable with dismissal.

a. Dishonesty

b. Gross neglect of duty

c. Grave misconduct

d. Being notoriously undesirable

e. Conviction of a crime involving moral turpitude

f. Falsification of official document;

g. Physical or mental incapacity or disability due to vicious habits;

h. Engaging directly or indirectly in partisan political activities by one holding non-political office;

Kinds of Administrative Offenses (cont)• Receiving anything for personal

use.• Contracting loans of money or

other property from persons with whom the office of the employee has business relations;

• Soliciting or accepting directly or indirectly any gift, gratuity, favor, entertainment, loan or anything.

Kinds of Administrative Offenses (cont)• Disloyalty to the republic of the

Philippines and to the Filipino People; and

• nepotism

Grave offenses, the 1st offense of which is punishable with suspension without pay for 6 months and 1 day to 1 year, and the 2nd offense of which is punishable with dismissal.

• Oppression;

• Disgraceful and immoral conduct

• Inefficient and incompetence in the performance of official duties;

• Frequent authorized absence or tardiness in reporting for duty during regular office hours;

• Refusal to perform official duty;

• Gross insubordination• Conduct prejudicial to the best interest

of the service;• Directly or indirectly having financial

and material interest in any transaction requiring the approval of his office.

• Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel, broker, agent, trustee, or licensed by his office.

Grave offenses, the 1st offense of which is punishable with suspension without pay for 6 months and 1 day to 1 year, and the 2nd offense of which is punishable with dismissal. (Cont)

• Engaging in the private of his profession unless authorized by the constitution, law or regulation, provided that such practice will not conflict with his official functions;

• Disclosing or misusing confidential or classified information officially known to him by reason of his office and not made available to the public, to further his private interests or give undue advantage to anyone or to prejudice the public interest;


• Obtaining or using any statement filed under the Code of Conduct and ethical standards for public officials and employees for any purpose contrary to morals or public policy or any commercial purpose other than by new and communications media for dissemination to the general public.


Less grave offenses, the 1st offense of which is punishable with suspension without pay for one (1) month and one (1) day to six (6) months and the second offense of which is punishable with dismissal.

• Simple neglect of duty

• Simple misconduct

• Gross discourtesy in the course of official duties

• Gross violation of existing civil service law and rules of serious nature

• insubordination

• Habitual drunkenness;• Recommending any person to any

position in a private enterprise which has a regular or pending official transaction with his office, unless such recommendation or referral is mandated by law, or international agreements, commitments or obligations, or as part of the function of his office.

Less grave offenses, the 1st offense of which is punishable with suspension without pay for one (1) month and one (1) day to six (6) months and the second offense of which is punishable with dismissal. (cont)

• Unfair discrimination in rendering public service due to party affiliation or preference.

• Failure to file sworn statements of assets, liabilities and net worth, and disclosure of business interest and financial connections including those of their spouses and unmarried children under eighteen (18) years of age living in their household; and failure to resign from his position in a private enterprise within 30 days from assumption of public office when conflict of interest arises and / or failure to divest himself of his shareholdings or interest in a private enterprise within 60 days from assumption of public office when conflict of interest arises.

Less grave offenses, the 1st offense of which is punishable with suspension without pay for one (1) month and one (1) day to six (6) months and the second offense of which is punishable with dismissal. (cont)

Light offenses, the 1Light offenses, the 1stst offense of which is punishable offense of which is punishable with reprimand, the 2with reprimand, the 2ndnd offense of which is punishable offense of which is punishable with suspension without pay for 1 day to 30 days and with suspension without pay for 1 day to 30 days and the 3the 3rdrd offense of which is punishable with dismissal. offense of which is punishable with dismissal.

• Discourtesy in the course of official duties;• Improper or unauthorized solicitation of

contribution from subordinate employees and by teachers or school officials from school children;

• Violation of reasonable office rules and regulations;

• Gambling which is prohibited by law;

• Refusal to render overtime service;

• Disgraceful, immoral and dishonest conduct prior to entering the service;

• Borrowing money by superior officers from subordinates;

• Lending money at usurious rates of interests;

Light offenses, the 1st offense of which is punishable Light offenses, the 1st offense of which is punishable with reprimand, the 2nd offense of which is punishable with reprimand, the 2nd offense of which is punishable with suspension without pay for 1 day to 30 days and the with suspension without pay for 1 day to 30 days and the 3rd offense of which is punishable with dismissal. (cont)3rd offense of which is punishable with dismissal. (cont)

• Willful failure to pay just debts• Willful failure to pay taxes• Pursuit of private business,

vocation or profession without the permission required by civil service rules and regulation.

• Lobbying of personal interest or gain in legislative halls and offices without authority;

Light offenses, the 1st offense of which is punishable with Light offenses, the 1st offense of which is punishable with reprimand, the 2nd offense of which is punishable with reprimand, the 2nd offense of which is punishable with suspension without pay for 1 day to 30 days and the 3rd suspension without pay for 1 day to 30 days and the 3rd offense of which is punishable with dismissal. (cont)offense of which is punishable with dismissal. (cont)

• Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purposes and even in the latter cases if there is no prior authority;

• Failure to act promptly on letters and requests within 15 days from receipt;


• Failure to process documents and complete action on documents and papers within a reasonable time from preparation thereof, except as otherwise provided in the rules implementing the code of conduct and ethical standards for public official and employees; and

• Failure to attend to anyone who wants to avail himself of the services of the office, or act promptly and expeditiously on public transactions.


Cardinal values as public servants. • Commitment to public interest;• Professionalism;• Justness and sincerity;• Political neutrality;• Responsiveness to the public;• Nationalism and patriotism;• Commitment to democracy; and • Simple living.

Duties of nurses as public servants (RA No. 6713)• To act promptly on letters and

requests;• To submit an annual performance

report;• To process documents and papers

expeditiously;• To act immediately on the public

personal transactions;• To make documents accessible to the

public.

Prohibited acts and transactions of nurses in the government.

• Financial and material interest;

• Outside employment and other activities related thereto;

• Disclosure and / or misuse of confidential information; and

• Solicitation or acceptance of gifts.

Change of citizenship or acquisition of immigrant status

• Sec. 18, Art. XI & Sec. 33 of RA 6713

• Sec. 60 of RA 7160

• Resolution No. 94-0521 on Jan. 25, 1994

Administrative Penalties against nurses in public service

• Removal / dismissal from the service;

• Forced resignation with or without prejudice to benefits

• Demotion in rank;• Fine in the amount of not

exceeding six months salary• Transfer• reprimand

• Those who are engaged into perform activities which are usually necessary or desirable in the usual business or trade of employer.

• Those who have rendered at least one year of service, whether continuous or broken with respect to the activity in which they are employed.

Classification of employees and causes of termination in the private sector

Education

jurisprudence 3