Death can’t save erring government executives from sanctions

MANILA, Philippines – Death is no exit for erring government officials being probed for administrative offenses like grave misconduct, dishonesty, and the like as their cases still would not be dismissed, a recent Civil Service Commission (CSC) circular said.

And if proven guilty of any misdeed, the respondent’s family actually inherits the sanctions imposed including the forfeit of retirement and other benefits of the deceased.

Based on a CSC Memorandum Circular No. 8 Series of 2010 issued last month, death can no longer be used as a means to escape responsibility.

The new rules, which apply to all administrative investigations in the bureaucracy, state that administrative cases can only be junked due to death if the accused had not been given any chance to defend or explain himself yet.

“The administrative case should not be dismissed when the death of the respondent occurred when the formal investigation reached the stage where respondent is considered to have been afforded due process,” the memorandum signed by CSC chairman Francisco Duque III read.

The policy guidelines specifically state that administrative charges will not be junked if the respondent was notified of the allegations and when he or she has answered the same or has waived the right to do so.

Insofar as appeals filed before the CSC are concerned, the memorandum said the appeal shall continue until final judgment even if the respondent has died.

“In the event that deceased respondent-appellant wins the appeal, material and or pecuniary benefits arising from the case, if any, shall accrue to the legal heirs of the deceased… subject to the Law on Succession,” the new policy states. –Michael Punongbayan (The Philippine Star)