Professional Documents
Culture Documents
GRADUATE SCHOOL
Presenters:
Arjohn B. Elumba
Charlie Magtulis
Annabelle L. Trinidad
Gilbert D. Malcolm
Presented to:
Professor Eddie M. Nuque
2
FOREWORD
Public office is a public trust. We, Filipino public servants, who are engaged
in the Public Service, we subscribed and sworn our Oath of Office before the
appointing authority, when we entered the government service.1 That, we will faithfully
discharge to the best our ability, the duties our present position and of all others that
we hereafter hold under the Republic of the Philippines; that we will bear true faith and
allegiance to the same; that we will obey the laws, legal orders, and decrees
promulgated by the duly constituted authorities of the Republic of the Philippines; and
that we impose this obligation upon ourselves voluntarily, without mental reservation
or purpose of evasion, With the help of our almighty God.
The Code of Conduct embodied and codified the norms of ethical standards,
that we need to learn, remember and apply these norms into practice, in our daily lives,
inside or outside of our offices; We must be the good example, a role model, and
maintain that we are leading the modest lives.
Code of Conduct is a weapon against abuse of power and a tool against graft
and corruption; Therefore, we must submit to the provisions embodied under the
Code, like any other faith. This Code is our bible, that we need to be understood and
applied to our daily discharge of our duties and functions in the Government Offices.
GDM
1
CSC Form No.82
3
ACKNOWLEDGEMENT
The preparation of this presentation is not quite easy, not only by reason of
researching, consolidating the topics, preparation of powerpoint, but also the distances
of each of one of the presenters, in fact, belong to the working class in the government
and private sectors.
Professor Nuques sharing of his thoughts, his notes, resource materials in soft
copies, and most of all, his actual experiences in the government as a public official
during his time, is a great help, in order for this group to finish this humble presentation.
Each member of this group are blessed to learn Ethics in Public Service. As
we, soon, sail our own boat farther on the middle of the ocean of our careers, we can
say, that, we can hurdle or rather survive any storm, waves and other perils of the
public service, as we believe, apply, obey and hold on to the Code of Conduct.
Even the temptation of abuse of power and corruption tested us in the future,
by application of deontological norms, we can say, we can resist and prevent those
test of our careers, by reason of, we will never forget what we have learned from the
class of Professor Nuque involving ethical norms in public service.
Therefore, we submit this work to you. Thank you Sir and more power!
GROUP 2
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OBJECTIVES
At the end of the presentation, the presenters are expecting the following outcomes;
1. To introduce the Code of Conduct and its important provisions in our class;
2. Be able to integrate other related laws in the Philippines related to Code of
Conduct;
3. Demonstrate the jurisdiction of the CSC and its exceptions, as well as basic
procedural matters;
4. Pin point the relation of the Code of Conduct to the phrase Public Office is a
public trust and the accountability to the Public as well;
5. Give emphasis for the important provisions in relation to ethical norms and cite
decided cases in order to be enlightened on how Code of Conduct works in the
Philippine Government in relation to the discharge of duties and responsibilities;
6. Instill in the mind, heart and soul of the class that the Code of Conduct is our
bible in our daily performance and duties and responsibilities;
7. To be a steward of good leadership and governance once this course is
finished, and be a disciple to others.
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TABLE OF CONTENTS
FOREWORD ----------------------------------------------------------- 2
ACKNOWLEDGEMENT ----------------------------------------------------------- 3
OBJECTIVE ----------------------------------------------------------- 4
APPENDIX A -------------------------------------------------------------------- 46
RA.6713
APPENDIX B -------------------------------------------------------------------- 56
CASES INVOLVING CODE OF CONDUCT
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With the new Administrative Code of 1987 (EO 292), the Commission is
constitutionally mandated to promote morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the Civil Service.
Q: What is RA 6713?
A: Code of Conduct and Ethical Standards for Public Officials and Employees
Policy of the State promote a high standard ethics in public service.
7
Terms:
Government refers to the National and local governments. Branches of the
Republic of the Philippines including companies and subsidiaries controlled by
the government;
Public Officials and Employee shall be accountable to the people at all the
time. Must do their duties with utmost responsibility, integrity, competence, and
loyalty. Should act with patriotism and justice, lead modest lives and uphold
public interest over personal interest.
Justness and sincerity being true to the people at all the time;
Commitment to democracy;
Simple living mode of living most be proportional to the income and position
of a public official and employees.
Act promptly on letters and request within 15 working days from receiving a
response to a letter must be done;
Submit annual performance reports 45 working days after new year, every
government office / companies must submit their performance report.
Process documents and papers expeditiously;
Make documents accessible to the public all public documents must be made
accessible to public.
It is their task to identify those public officials and employee who have done
good in service with the following criteria : years of service and the quality,
consistency of performance, obscurity of position, level of salary, unique and
exemplary of a certain achievement, and the risk and temptation inherit in the
work.
Section 1. Public office is a public trust. Public officers and employees must, at all
times, be accountable to the people, serve them with utmost responsibility, integrity,
loyalty, and efficiency; act with patriotism and justice, and lead modest lives.
Section 17. A public officer or employee shall, upon assumption of office and as often
thereafter as may be required by law, submit a declaration under oath of his assets,
liabilities, and net worth. In the case of the President, the Vice-President, the Members
of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and
other constitutional offices, and officers of the armed forces with general or flag rank,
the declaration shall be disclosed to the public in the manner provided by law.
Q: What is URACCS?
A: For cases in the Civil Service (URACCS or Uniform Rules on Administrative Cases
in the Civil Service), which the Commission promulgated in 1999 to supplant the earlier
procedural guidelines.
Q: What is RRACCS?
Revised Rules on Administrative Cases in the Civil Service (RRACCS) which was
signed by Chairman Francisco T. Duque, MD, Msc on December 2011 with the intent
on addressing these infirmities, and consistent with its current thrust to achieve zero
backlog of cases and the disposition of cases within forty days.
JURISDICTION
As defined in RRACCS, CIVIL SERVICE refers to all men and women in all
branches, subdivisions, instrumentalities and agencies of the Government,
including GOCCs with original charters.
All government employees are civil servants, However, not all civil servants are
under the disciplinary jurisdiction of the CSC.
Except otherwise provided by the Constitution or by law, the CSC shall have
the final authority to pass upon the removal, separation and suspension of all
officers and employees in the civil service and upon all matters relating to the
conduct, discipline and efficiency of such officers and employees. (Section 4,
URACCS)
Employees of the Judiciary. From Presiding Justice of the CA down to the MTC
clerk.
Legal basis: Sec.6, Art. VIII of the 1987 Constitution exclusively vests to the
Supreme Court administrative supervision over all courts and court
personnel.
Personnel of PHILJA. (Philippine Judicial Academy)
Presidential Appointees. They are under the disciplinary jurisdiction of the the
President of the Philippines.
Cadets of PNPA are not government employees.
Reason: All career and non-career must been issued an appointment.
Legal basis: CSC Form no.22 (Rule II, CSC M.C. No.40, S.1998)
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Decisions shall be final in case the penalty imposed is suspension for not more
than 30 days or fine in an amount not exceeding thirty (30) days salary.
H. APLICABILITY OF RRACCS
All cases brought before the CSC and other government agencies, except
where a special law provides otherwise.
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Nota Bene: Judicial department is not under the disciplinary authority of the
CSC. However, offenses and penalties under RRACCS were made applicable
to them.
NO GIFT POLICY
a) Financial and material interest. - Public officials and employees shall not, directly or
indirectly, have any financial or material interest in any transaction requiring the
approval of their office.
(b) Outside employment and other activities related thereto. - Public officials and
employees during their incumbency shall not:
(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.
These prohibitions shall continue to apply for a period of one (1) year after
resignation, retirement, or separation from public office, except in the case of
subparagraph (b) (2) above, but the professional concerned cannot practice his
profession in connection with any matter before the office he used to be with,
in which case the one-year prohibition shall likewise apply.
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(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit
or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything
of monetary value from any person in the course of their official duties or in connection
with any operation being regulated by, or any transaction which may be affected by
the functions of their office.
2.1. Section 27, Article II of the 1987 Constitution states that: The State shall
maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption.
2.2. Sec. 1, Article XI of the 1987 Constitution states that: Public office is a
public trust and all public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism and lead modest lives.
2.3.Republic Act No. 3019, Anti-Graft and Corrupt Practices Act provides
that: It is the policy of the Philippine Government, in line with the principle that
a public office is a public trust, to repress certain acts of public officers and
private persons alike which constitute graft or corrupt practices or which may
lead thereto.
2.4.Republic Act No, 6713, Code of Ethical Standards for Public Officials
and Employees provides that: It is the policy of the State to promote a high
standard of ethics in public service. And
SALN
WHAT IS SALN?
declaration of assets (i.e., land, vehicles, etc) and liabilities (i.e., loans, debts, etc),
and of his or her unmarried children under 18 years old still living in their
Section 17 of the 1987 Constitution and Section 8 of Republic Act No. 6713, the Code
of Conduct and Ethical Standards for Public Officials and Employees. It includes a
documents that may show assets, liabilities, net worth, business interests, and
All public officials and employees, whether regular or under temporary status,
thereafter as may be required by law, submit a declaration under oath of his assets,
In the case of the President, the Vice-President, the Members of the Cabinet,
the Congress, the Supreme Court, the Constitutional Commissions and other
constitutional offices, and officers of the armed forces with general or flag rank, the
thereafter as may be required by law, submit a declaration under oath of his assets,
RA 6713, Sec. 8
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obligation to accomplish and submit declarations under oath of, and the public has the
right to know, their assets, liabilities, net worth and financial and business interests
including those of their spouses and of unmarried children under eighteen (18) years
Public officials and employees under temporary status are also required to file under
oath their SALNs and Disclosure of Business Interests and Financial Connections in
RA 6713, Sec. 8
RA 6713, Sec. 8
All public officials and employees required under this section to file the
aforestated documents shall also execute, within thirty (30) days from the date of their
from all appropriate government agencies, including the Bureau of Internal Revenue,
such documents as may show their assets, liabilities, net worth, and also their
the year when they first assumed any office in the Government.
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official or employee to identify and disclose, to the best of his knowledge and
information, his relatives in the Government in the form, manner and frequency
RA 6713, Sec. 8
A.
real property, its improvements, acquisition costs, assessed value and current
all other assets such as investments, cash on hand or in banks, stocks, bonds,
liabilities, and;
B.
including those of their spouses and of unmarried children under eighteen (18)
C.
official or employee to identify and disclose, to the best of his knowledge and
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information, his relatives in the Government in the form, manner and frequency
ADMINISTRATIVE REMEDIES
It has been consistently held by the Supreme Court, in a long line of cases, that
before a party is allowed to seek the intervention of the court, it is a pre-condition that
he should have availed of all the means of administrative processes afforded him.
Hence, if a remedy within the administrative machinery can still be resorted to by giving
the administrative officer concerned every opportunity to decide on a matter that
comes within his jurisdiction, then such remedy should be exhausted first before the
courts judicial power can be sought.
The rule in administrative law is that parties requesting judicial action must first
exhaust their remedies in the executive branch. This is premised not only on practical
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considerations but also on the comity existing between different departments of the
government, which comity requires the court to stay their hands until
the administrative processes have been completed. (Madrinan vs. Sinco, 110 Phil.
160) Further, under the doctrine of exhaustion administrative remedies, recourse
through court action, as a general rule, cannot prosper until all the remedies have been
exhausted at the administrative level, (Pacana vs. Consunji, 108 SCRA 631[1981];
Pestaas et al. v. Dyogi, et al., 81 SCRA 574 [1978]; Antonio v. Tanco, 65 SCRA 448
[1975]).
A B S E N T E E I S M , T A R D I N E S S , AN D U N D E R T I M E
Habitual Tardiness this happens when the employee is tardy for at least 10
times in a month for 2 months in a single semester; or 10 times in a month for
two consecutive months in a single year. Take note that, technically, 8:01 AM
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Now, what if you were only absent for half day? CSC Memorandum Circular No.
17, s. 2010 (Policy on Half-day Absence) explains that a morning absence is
considered tardy while an absence in the afternoon is considered as an undertime .
Remember the following rules on undertime indicated under CSC MC No. 16, s. 2010:
NEPOTISM
Legal Basis:
SECTION 59. Nepotism.(1) All appointments in the national, provincial, city and
municipal governments or in any branch or instrumentality thereof, including
government-owned or controlled corporations, made in favor of a relative of the
appointing or recommending authority, or of the chief of the bureau or office, or of
the persons exercising immediate supervision over him, are hereby prohibited.
As used in this Section, the word relative and members of the family referred to
are those related within the third degree either of consanguinity or of affinity.
Elements of Nepotism:
1. That the appointment was issued in favor of a relative of either the appointing
or recommending authority of the chief of the bureau or office or of the person
exercising immediate supervision over the appointee;
2. That the appointee is a relative within the third degree of consanguinity or
affinity; and
3. That the appointment is not among the exceptions enumerated under the law.
Unless otherwise provided by law, the word relative and members of the family
referred to are those related within the third degree either of consanguinity or of
affinity.
In the light of the adverse and oftentimes demoralizing effect of the practice of
patronage in the workings of the civil service, especially on the employees
morale, merit and fitness rather than family bonds or ties, should be, as much as
practicable, the singular determinant in affecting appointments and other personal
actions.
Legal Basis:
QUESTION:
Who are the employees in the public school setting covered under the ambit of the
word TEACHER?
ANSWER:
All persons engaged in classroom teaching, in any level of instruction;
Guidance Counselors;
School Librarians;
Industrial Arts or Vocational Instructors;
Persons performing supervisions;
Persons performing administrative functions in all schools, colleges and
universities operated by the government.
Excluded:
School Nurses;
School Physicians;
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QUESTION:
DISTINCTIVE FEATURES
The nepotism rule covers all kinds of appointments whether original,
promotional, transfer and reemployment regardless of status including casuals and
contractual except consultants.
H. CASES OF NEPOTISM
DOUBLE COMPENSATION
Definition:
Double compensation properly refers to two sets of compensation, from two
different offices held concurrently by one officer. The salaries received by Daquer from
his employment during the period of his separation should be decuted from the total
back salaries due him."
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Legal Purpose:
The prohibition against additional, double or indirect compensation has a legal
purpose: to inform the people of the exact amount a public functionary is receiving
from the government so they can demand commensurate services, and prevent the
public functionary from dividing his time among the several positions concurrently held
by him and ineptly performing his duties in all of them because it cannot devote to
each the proper attention it deserves (Cruz, Philippine Political Law, 1995 Edition,
page 304).
SEXUAL HARASSMENT
publication in the Malaya and Times Journal on February 18, 1995. It is known as The
Anti-Sexual Harassment Act of 1995.
It supersedes or repeals prior CSC issuances such as MC No. 19, s. 1994 and
CSC Res. 95-6161. DOLE Administrative Order No. 250, s. 1995 has to be amended
accordingly or replaced altogether, in consonance with the changes made in the new
CSC Rules on Sexual Harassment.
the submission to or rejection of the act or series of acts is used as basis for
any employment decision (including but not limited to, matters related to hiring,
30
promotion, raises in salary, job security, benefits and any other personnel
action) affecting the applicant/employee; or
the act or series of acts have the purpose or effect of interfering with the
complainants work performance, or creating an intimidating, hostile or
offensive work environment; or
the act or series of acts might reasonably be expected to cause discrimination,
insecurity, discomfort, offense or humiliation to a complainant who may be a
co-employee, applicant, customer, or ward of the person complained of.
the submission to or rejection of the act or series of acts is used as a basis for
any decision affecting the complainant, including, but not limited to, the giving
of a grade, the granting of honors or a scholarship, the payment of a stipend or
allowance, or the giving of any benefit, privilege or consideration; or
the act or series of acts have the purpose or effect of interfering with the
performance, or creating an intimidating, hostile or offensive academic
environment of the complainant; or
the act or series of acts might reasonably be expected to cause discrimination,
insecurity, discomfort, offense or humiliation to a complainant who may be a
trainee, apprentice, intern, tutee or ward of the person complained of.
Physical
a. Malicious touching
Verbal, such as but not limited to, requests or demands for sexual favors, and
lurid remarks
Use of objects, pictures or graphics, letters or written notes with sexual
underpinnings
Other forms analogous to the foregoing.
CASE CHART
In Ateneo de Manila
University v. Capulong: As
corporate entities, educational
institutions of higher learning
are inherently endowed with
the right to establish their
policies,
academic and otherwise,
unhampered by external
controls or pressure.
#3 SALN Section 8 of Republic Act No. VIOLATION OF
6713 (CODE OF CONDUCT) CODE OF
SALN/Dishonesty/Failure
Dishonesty/Fail provides that it is the CONDUCT
to Disclose Assets / ure to Disclose "obligation" of an employee to
Assets / submit a sworn statement, as
Business Interests
Business the "public has a right to know"
Interests the employee's assets,
liabilities, net worth and
NARITA RABE v DELSA
financial and business interest.
M. FLORES (May 14,
Section 11 of the same law
1997)
prescribes the criminal and
administrative penalty for
violation of any provision
ETHICAL NORMS:
thereof. Paragraph (b) of
Commitment to Section 11 provides that "(b)
Any violation hereof proven in a
public interest proper administrative
public interest first; proceeding shall sufficient
cause for removal or dismissal
Justness and of a public official or employee,
sincerity being true even if no criminal prosecution
is instituted against him.
to the people at all
the time.
Simple living mode
of living most be
proportional to the
34
ETHICAL NORMS:
Professionalism
doing work with
highest degree of
excellence;
Commitment to
public interest
public interest first.
ETHICAL NORMS:
Justness and
sincerity being true
to the people at all
the time;
Simple living mode
of living most be
proportional to the
income and position
37
of a
public official and
employees.
#8 SALN violation of Section 8 of R.A. VIOLATION OF
6713(Code of Conduct and CODE OF
SALN/FAILURE TO FILE
Failure to file Ethical Standards for Public CONDUCT
Officials and Employees)
OFFICE OF THE COURT
ADMINISTRATOR v
JUDGE UYAG P. USMAN
(October 19, 2011)
ETHICAL NORMS:
Justness and
sincerity being true
to the people at all
the time;
Simple living mode
of living most be
proportional to the
income and position
of a
public official and
employees.
#9 SALN Violation on permanent VIOLATION OF
SALN/ MAKING FALSE appointment pursuant to CODE OF
Making false Article 168 (j) CONDUCT
STATEMENTS
statements (Appointments), Rule XXII of
the Rules and Regulations
GALEOS v PEOPLE OF Appointment of Implementing the Local
THE PHILS. And Relatives Government Code of 1991
PAULINO S. ONG v (R.A. No. 7160), which
PEOPLE OF THE PHILS. provides:
(February 9, 2011)
No person shall be appointed in
ETHICAL NORMS: the local government career
Justness and service if he is related within
the fourth civil degree of
sincerity being true consanguinity or affinity to the
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Professionalism
doing work with
highest degree of
excellence.
#11 Negligence in Doctrine of Exhaustion of GRANTED
EXHAUSTION OF the Administrative Remedies
ADMINISTRATIVE Performance of Doctrine of Exhaustion of
REMEDIES duty Administrative Remedies is a
cornerstone of our judicial
MONTES v CIVIL system. The thrust of the rule
SERVICE BOARD OF is that courts must allow
APPEALS administrative agencies to
101 Phil. 490 carry out their functions and
discharge their responsibilities
ETHICAL NORMS: within the specialized areas of
their respective competence.
39
Fairness and
Supreme Court in the case of
Justice; University of the Philippines v.
Catungal, Jr., et al., (G.R. No.
Political neutrality 121863, May 5, 1997), to wit:
The underlying principle of the
doing job with rule on exhaustion of
fairness to administrative remedies rests
on the presumption that the
everyone. administrative agency, if
afforded a complete chance to
pass upon the matter, will
decide the same correctly.
There are both legal and
practical reasons for the
principle.
#12 Double Section 7, Article IX-B of the NO DOUBLE
Compensation Constitution which provides: COMPENSATI
DOUBLE
Unless otherwise allowed by ON
COMPENSATION
Violation of law or by the primary functions
Lawyers Oath of his position, no appointive VIOLATION OF
FRANCISCO
official shall hold any other OATH
LORENZANA, complaina
office or two employment in the
nt,
Government, or any
vs. ATTY. CESAR G.
subdivision, agency or
FAJARDO, respondent.
instrumentality thereof,
[A.C. No. 5712. June 29,
including government-owned
2005]
or controlled corporations or
their subsidiaries.
CANON 1. A LAWYER
SHALL UPHOLD THE CONST
ITUTION, OBEY THE LAWS
OF THE LAND, PROMOTE
RESPECT FOR LAW AND
LEGAL PROCESSES.
#13 Conflict of Section 7(b)(2) of R.A. 6713, VIOLATED
Interest otherwise known as the Code CODE OF
of Conduct and Ethical CONDUCT
CONFLICT OF INTEREST/
Double Standards for Public Officials
DOUBLE
Compensation and Employees provides, to
COMPENSATION
wit:
ADMINISTRATIVE
SECTION 7. Political Acts and
ORDER NO.30, S.2002
Transactions. In addition to
acts and omissions of public
IMPOSING THE PENALTY
officials and employees now
OF SIX (6) MONTHS
prescribed in the Constitution
SUSPENSION WITHOUT
and existing laws, the following
PAY ON RESPONDENT
shall constitute prohibited acts
LIDUVINA C. REYES,
and transactions of any public
REGIONAL DIRECTOR,
official and employee and are
REGION II, COMMISSION
hereby declared to be unlawful:
ON HIGHER EDUCATION,
TUGUEGARAO CITY,
(b) Outside employment and
FOR VIOLATION OF
other activities related thereto.
SECTION 7(b)(1) and (2)
Public officials and
OF REPUBLIC ACT NO.
employees during their
6713
incumbency shall not:
ETHICAL NORMS:
(2) Engage in the private
Nationalism and practice of their profession
unless authorized by the
patriotism being
Constitution or law, provided
loyal to the Republic that such practice will not
conflict or tend to conflict with
of the Philippines.
their official functions;
Simple living mode
of living most be
proportional to the
income and position
of a
public official and
employees.
41
Commitment to
public interest
public interest first;
Professionalism
doing work with
highest degree of
excellence;
Justness and
sincerity being true
to the people at all
the time.
#14 Nepotism Law (Sec 59 Nepotism, (1) ) VIOLATED
defines nepotism as all CODE OF
NEPOTISM
Appointment appointments to the national, CONDUCT
CSC VS PEDRO provincial, city and municipal
DACOYCOY Leadership governments or in any branch
GR NO. 135805, dated 29- Issues or instrumentality thereof,
Apr-1999 including government owned
or controlled corporations,
made in favor of a relative of
ETHICAL NORMS:
the
Professionalism 1. appointing or
2. recommending authority, or
doing work with of the
highest degree of 3. chief of the bureau or office,
or of
excellence; 4. the persons exercising
Justness and immediate supervision over
him.
sincerity being true The word "relative" and
to the people at all members of the family referred
to are those related within the
the time; third degree either of
Simple living mode consanguinity or of affinity.
of living most be
proportional to the
income and position
of a
public official and
employees.
42
Professionalism
doing work with
highest degree of
excellence;
Justness and
sincerity being true
to the people at all
the time;
44
Political neutrality
doing job with
fairness to everyone.
Making it appear that respondents passed the LET with rating of 76% when in
fact respondent got a rating of 57.40%
APPENDIX A
46
Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical
Standards for Public Officials and Employees."
(b) "Public Officials" includes elective and appointive officials and employees,
permanent or temporary, whether in the career or non-career service, including
military and police personnel, whether or not they receive compensation,
regardless of amount.
(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift
from a person other than a member of his family or relative as defined in this
Act, even on the occasion of a family celebration or national festivity like
Christmas, if the value of the gift is neither nominal nor insignificant, or the gift
is given in anticipation of, or in exchange for, a favor.
(e) "Loan" covers both simple loan and commodatum as well as guarantees,
financing arrangements or accommodations intended to ensure its approval.
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(f) "Substantial stockholder" means any person who owns, directly or indirectly,
shares of stock sufficient to elect a director of a corporation. This term shall also
apply to the parties to a voting trust.
(g) "Family of public officials or employees" means their spouses and unmarried
children under eighteen (18) years of age.
(h) "Person" includes natural and juridical persons unless the context indicates
otherwise.
(k) "Relatives" refers to any and all persons related to a public official or
employee within the fourth civil degree of consanguinity or affinity, including
bilas, inso and balae.
Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public
official and employee shall observe the following as standards of personal conduct in
the discharge and execution of official duties:
(c) Justness and sincerity. - Public officials and employees shall remain
true to the people at all times. They must act with justness and sincerity
and shall not discriminate against anyone, especially the poor and the
underprivileged. They shall at all times respect the rights of others, and
shall refrain from doing acts contrary to law, good morals, good customs,
public policy, public order, public safety and public interest. They shall
not dispense or extend undue favors on account of their office to their
relatives whether by consanguinity or affinity except with respect to
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(h) Simple living. - Public officials and employees and their families shall
lead modest lives appropriate to their positions and income. They shall
not indulge in extravagant or ostentatious display of wealth in any form.
(B) The Civil Service Commission shall adopt positive measures to promote (1)
observance of these standards including the dissemination of information
programs and workshops authorizing merit increases beyond regular
progression steps, to a limited number of employees recognized by their office
colleagues to be outstanding in their observance of ethical standards; and (2)
continuing research and experimentation on measures which provide positive
motivation to public officials and employees in raising the general level of
observance of these standards.
(a) Act promptly on letters and requests. - All public officials and employees
shall, within fifteen (15) working days from receipt thereof, respond to letters,
49
telegrams or other means of communications sent by the public. The reply must
contain the action taken on the request.
(b) Submit annual performance reports. - All heads or other responsible officers
of offices and agencies of the government and of government-owned or
controlled corporations shall, within forty-five (45) working days from the end of
the year, render a performance report of the agency or office or corporation
concerned. Such report shall be open and available to the public within regular
office hours.
(c) Process documents and papers expeditiously. - All official papers and
documents must be processed and completed within a reasonable time from
the preparation thereof and must contain, as far as practicable, not more than
three (3) signatories therein. In the absence of duly authorized signatories, the
official next-in-rank or officer in charge shall sign for and in their behalf.
(d) Act immediately on the public's personal transactions. - All public officials
and employees must attend to anyone who wants to avail himself of the
services of their offices and must, at all times, act promptly and expeditiously.
(e) Make documents accessible to the public. - All public documents must be
made accessible to, and readily available for inspection by, the public within
reasonable working hours.
It shall be the task of this Committee to conduct a periodic, continuing review of the
performance of public officials and employees, in all the branches and agencies of
Government and establish a system of annual incentives and rewards to the end that
due recognition is given to public officials and employees of outstanding merit on the
basis of the standards set forth in this Act.
The conferment of awards shall take into account, among other things, the following:
the years of service and the quality and consistency of performance, the obscurity of
the position, the level of salary, the unique and exemplary quality of a certain
achievement, and the risks or temptations inherent in the work. Incentives and rewards
to government officials and employees of the year to be announced in public
ceremonies honoring them may take the form of bonuses, citations, directorships in
government-owned or controlled corporations, local and foreign scholarship grants,
paid vacations and the like. They shall likewise be automatically promoted to the next
higher position with the commensurate salary suitable to their qualifications. In case
there is no next higher position or it is not vacant, said position shall be included in the
budget of the office in the next General Appropriations Act. The Committee on Awards
shall adopt its own rules to govern the conduct of its activities.
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(a) Financial and material interest. - Public officials and employees shall not,
directly or indirectly, have any financial or material interest in any transaction
requiring the approval of their office.
(b) Outside employment and other activities related thereto. - Public officials
and employees during their incumbency shall not:
These prohibitions shall continue to apply for a period of one (1) year after
resignation, retirement, or separation from public office, except in the case of
subparagraph (b) (2) above, but the professional concerned cannot practice his
profession in connection with any matter before the office he used to be with,
in which case the one-year prohibition shall likewise apply.
(d) Solicitation or acceptance of gifts. - Public officials and employees shall not
solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment,
loan or anything of monetary value from any person in the course of their official
duties or in connection with any operation being regulated by, or any transaction
which may be affected by the functions of their office.
(A) Statements of Assets and Liabilities and Financial Disclosure. - All public
officials and employees, except those who serve in an honorary capacity,
laborers and casual or temporary workers, shall file under oath their Statement
of Assets, Liabilities and Net Worth and a Disclosure of Business Interests and
Financial Connections and those of their spouses and unmarried children under
eighteen (18) years of age living in their households.
(c) within thirty (30) days after separation from the service.
All public officials and employees required under this section to file the
aforestated documents shall also execute, within thirty (30) days from the date
of their assumption of office, the necessary authority in favor of the
Ombudsman to obtain from all appropriate government agencies, including the
Bureau of Internal Revenue, such documents as may show their assets,
liabilities, net worth, and also their business interests and financial connections
in previous years, including, if possible, the year when they first assumed any
office in the Government.
Husband and wife who are both public officials or employees may file the
required statements jointly or separately.
The Statements of Assets, Liabilities and Net Worth and the Disclosure of
Business Interests and Financial Connections shall be filed by:
(1) Constitutional and national elective officials, with the national office
of the Ombudsman;
(2) Senators and Congressmen, with the Secretaries of the Senate and
the House of Representatives, respectively; Justices, with the Clerk of
Court of the Supreme Court; Judges, with the Court Administrator; and
all national executive officials with the Office of the President.
(3) Regional and local officials and employees, with the Deputy
Ombudsman in their respective regions;
(4) Officers of the armed forces from the rank of colonel or naval captain,
with the Office of the President, and those below said ranks, with the
Deputy Ombudsman in their respective regions; and
(5) All other public officials and employees, defined in Republic Act No.
3019, as amended, with the Civil Service Commission.
(B) Identification and disclosure of relatives. - It shall be the duty of every public official
or employee to identify and disclose, to the best of his knowledge and information, his
relatives in the Government in the form, manner and frequency prescribed by the Civil
Service Commission.
(C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall
be made available for inspection at reasonable hours.
(2) Such statements shall be made available for copying or reproduction after
ten (10) working days from the time they are filed as required by law.
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(4) Any statement filed under this Act shall be available to the public for a period
of ten (10) years after receipt of the statement. After such period, the statement
may be destroyed unless needed in an ongoing investigation.
(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement
filed under this Act for:
(b) any commercial purpose other than by news and communications media for
dissemination to the general public.
The same rule shall apply where the public official or employee is a partner in a
partnership.
The requirement of divestment shall not apply to those who serve the Government in
an honorary capacity nor to laborers and casual or temporary workers.
Section 10. Review and Compliance Procedure. - (a) The designated Committees of
both Houses of the Congress shall establish procedures for the review of statements
to determine whether said statements which have been submitted on time, are
complete, and are in proper form. In the event a determination is made that a
statement is not so filed, the appropriate Committee shall so inform the reporting
individual and direct him to take the necessary corrective action.
(b) In order to carry out their responsibilities under this Act, the designated
Committees of both Houses of Congress shall have the power within their
respective jurisdictions, to render any opinion interpreting this Act, in writing, to
persons covered by this Act, subject in each instance to the approval by
affirmative vote of the majority of the particular House concerned.
(c) The heads of other offices shall perform the duties stated in subsections (a)
and (b) hereof insofar as their respective offices are concerned, subject to the
approval of the Secretary of Justice, in the case of the Executive Department
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and the Chief Justice of the Supreme Court, in the case of the Judicial
Department.
Section 11. Penalties. - (a) Any public official or employee, regardless of whether or
not he holds office or employment in a casual, temporary, holdover, permanent or
regular capacity, committing any violation of this Act shall be punished with a fine not
exceeding the equivalent of six (6) months' salary or suspension not exceeding one
(1) year, or removal depending on the gravity of the offense after due notice and
hearing by the appropriate body or agency. If the violation is punishable by a heavier
penalty under another law, he shall be prosecuted under the latter statute. Violations
of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding
five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in
the discretion of the court of competent jurisdiction, disqualification to hold public
office.
(d) The official or employee concerned may bring an action against any person
who obtains or uses a report for any purpose prohibited by Section 8 (D) of this
Act. The Court in which such action is brought may assess against such person
a penalty in any amount not to exceed twenty-five thousand pesos (P25,000).
If another sanction hereunder or under any other law is heavier, the latter shall
apply.
Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be
construed to derogate from any law, or any regulation prescribed by any body or
agency, which provides for more stringent standards for its official and employees.
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Section 14. Appropriations. - The sum necessary for the effective implementation of
this Act shall be taken from the appropriations of the Civil Service Commission.
Thereafter, such sum as may be needed for its continued implementation shall be
included in the annual General Appropriations Act.
Section 15. Separability Clause. - If any provision of this Act or the application of such
provision to any person or circumstance is declared invalid, the remainder of the Act
or the application of such provision to other persons or circumstances shall not be
affected by such declaration.
Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof
inconsistent herewith, are deemed repealed or modified accordingly, unless the same
provide for a heavier penalty.
Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the
completion of its publication in the Official Gazette or in two (2) national newspapers
of general circulation.
APPENDIX B