UCAT LAW OFFICE

90-12 Torero Private Road

Cogon District, City of Tagbilaran

REPUBLIC ACT NO. 6713

(Guide for Discussion
For Barangay Officials)

Atty. Angel S. Ucat, Jr.

Provincial Prosecutor (Ret.)
Provincial Legal Officer (Ret.)
Law Professor, UB, HNU, BIT
(Discussant)

I. INTRODUCTION.
1. A public office is a public trust.
2. Our government is a government of laws and not of men.

II. BODY.

1. Q. Are the following included in the term “public officials”?

a. Casuals?
b. Contractuals?

Ans. In Sec. 3 (b), RA 6713, only temporary employees are included. But, in
Sec. 11 (Penalties), casuals are included. Also included in Sec. 1, Rule X, IRR.
Contractuals likewise mentioned in Sec. 1, Rule VII, IRR. But, both casuals and
contractuals, not required to submit SAL. (Sec. 1, Rule VII, IRR).

In Engr. Claro J. Piclaro vs SB, Aug. 21, 1995, SC held: Contractual falls under
non-career service, hence embraced in the term public officer of Sec. 2 (b) RA 3019.
Under RA 3019, anyone receiving compensation, even nominal, from the government,
is embraced in the term “public officer” (Sec. 2-b), RA 3019).

2. Section 4. Norms of Conduct of Public Officials and Employees. –

a. COMMITMENT TO PUBLIC INTEREST. –

a1. Example: In case of fire.

a2. Sec. 7 (b), RA 6713. Outside employment and other activities related
thereto. – Public officials and employees during their incumbency shall not:
(1) Own, control, manage or accept employment as officer, employee, consultant,
counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised
or licensed by their office unless expressly allowed by law;
(2) Engage in the PRIVATE PRACTICE of their profession unless authorized by
the Constitution or law, provided that such practice will not conflict or tend to conflict
with their official functions; or
(3) Recommend any person to any position in a private enterprise which has a
regular or pending official transaction with their office.

Sec. 9. Divestment. – A public official or employee shall avoid conflicts of

interest at all times. When a conflict of interest arises, he shall RESIGN from his
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position in any private business enterprise within thirty (30) days from his assumption of
office and or DIVEST himself of his shareholdings or interest within sixty (60) days
from such assumption. (Note: Divestment not required of casual or temporary workers).

a3. Avoid wastage in public funds and revenues. Ex. Use unused portion (back)
of bond papers even for communications.

b. Professionalism. Public officials and employees shall perform and discharge their
duties with the highest degree of EXCELLENCE, PROFESSIONALISM,
INTELLIGENCE and SKILL.

b1. Our government is a government of laws and not of men.

B2. Mr. Teruel, now head of the HRDO, province. Good example of a
professional.

c. Justness and sincerity.

c1. Way pagka-usab. Way pabor-pabor.

c2. Nepotism.
c3. Except positions which are confidential and coterminous.

d. Political neutrality.

d1. Gov.Aumentado. Legal services – way pilig partido.

d2. Compare: The use of blue cards during the election. After the election, only
blue card holders are ones given free medicines.

e. Responsiveness to the public.

e1. P prompt
C courteous
A adequate

e2. Prompt. When to act on requests. Immediately, if person making the request is in
the office. Otherwise, if through letter, etc., within 15 working days from receipt
thereof. However, if request is for barangay clearance as basis for issuance of mayor’s
permit, action thereon by the barangay captain shall be made within seven working days
from date of request, otherwise, the mayor can already issue the permit even without the
barangay clearance.

Work flow chart in every office.

Avoid red tape.

Written action must contain not more than three (3) initials or signatures (Sec. 5,
Rule VI, IRR).
Signatory – next-in-rank – automatic.
If there are two or more next-in-rank – Chief to make designation.
- ditto – if there is no next-in-rank, but the one designated must be in the same
office.
If the punong barangay is on official travel within the country – he may designate
in writing an OIC. Authority of OIC to be specified in designation, excluding authority
to ASD (Sec. 46, RA 7160).
But on fourth (4th) day – highest ranking SB member automatically assumes
office with the same limitations.
Q. Suppose designation of OIC is until the return of the punong barangay?
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Still on red tape. Avoid long queues (pila). Happens in January – renewal of
licenses. Barangay clearances required.

e3. Courteous. Civil Service Commission credo. Render services with a Smile.
e4. Adequate.

Q. If request is not within the competence of his office, what to do. Ans. Make referral.

Make documents accessible to the public.

Transparency.
Public disclosure. Pres. Magsaysay – “Can we defend this in Plaza Miranda?”
Public bidding.

f. Nationalism and patriotism.

Filipino First Policy. Pres. Carlos P. Garcia. Still remembered and embodied in
the 1987 Constitution. Bishop Tumulak – San Juanico Bridge –which joined Leyte and
Samar. After it was destroyed, Marcos no longer remembered.

g. Commitment to democracy.

Due process.
Majority rule.
Golden rule.

h. Simple living.

Not beyond their means.

Gov. Aumentado.
Life style check.

III. CONCLUSION.