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Rizal Technological University


Boni Ave., Mandaluyong, City

GRADUATE SCHOOL

Ethics in Public Service


CODE OF CONDUCT AND OTHER RELATED LAWS

Presenters:
Arjohn B. Elumba
Charlie Magtulis
Annabelle L. Trinidad
Gilbert D. Malcolm

Master of Arts in Public Administration

Presented to:
Professor Eddie M. Nuque
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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.

By reason of this oath, it is a crystal clear manifestation that we are entrusted


of a portion of the government power, and to discharge this power in alignment with
the duties and responsibilities embodied under our incumbent position; This position
is connected to service; To whom? For the Filipino people, and those who live and
sojourn in the Philippine Archipelago. Our obligation to serve them, as priority and
paramount inter alia. These powers, duties and responsibilities as well as obligations
is in harmony with the so-called accountability in case any abuse of authority or ultra
vires act, in all forms arises.

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

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CSC Form No.82
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ACKNOWLEDGEMENT

Beforehand, this group is warm-hearted, honored, and privileged to present this


topic involving the Code of Conduct or the so-called Republic Act No. 6713 as
designated by Professor Eddie M. Nuque.

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

FOUNDATION AND SALIENT FEATURES OF R.A.6713 -------------- 6


JURISDICTION -------------------------------------------------------------------- 10
NO GIFT POLICY -------------------------------------------------------------------- 13
SALN -------------------------------------------------------------------------------------- 15
EXHAUSTION OF ADMINISTRATIVE REMEDIES ----------------------- 19
ABSENTEEISM, TARDINESS, AND UNDERTIME ----------------------- 20
NEPOTISM ----------------------------------------------------------------------------- 21
DOUBLE COMPENSATION -------------------------------------------------- 25
SEXUAL HARASSMENT -------------------------------------------------- 28
CASE CHART -------------------------------------------------------------------- 32
OTHER RELATED CASES -------------------------------------------------- 44

APPENDIX A -------------------------------------------------------------------- 46
RA.6713
APPENDIX B -------------------------------------------------------------------- 56
CASES INVOLVING CODE OF CONDUCT
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FOUNDATION AND SALIENT FEATURES OF R.A.6713

Q: Definition of Code of Conduct.

A: Code of Conduct is an agreement or promulgated set of rules of behavior for the


members of a group or organization.

Q: What is Civil Service Commission?

A: CSC is the Constitutional Commission of the Philippines with responsibility over


the civil service. It is tasked with overseeing the integrity of government actions and
processes.

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 Administrative Code of 1987?

A: The Administrative Code of 1987 (E.O.292) incorporates in a unified document


the major structural, functional and procedural principles and rules of governance. Its
primary function is to prescribe the standards, guidelines and practices within the
executive branch of government.

It is the Administrative Code which establishes the various Cabinet


departments and offices falling within the executive branch of government, and under
the direct control and supervision of the President. The Code also prescribes the
administrative procedure undertaken in proceedings before the offices under the
executive department.

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.
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The purpose of R.A. 6713 (SALN) is to promote a high standard of ethics in


public service.

The purpose of R.A. 6713 is to promote a high standard of ethics in public


service. Public officials and employees shall at all times be accountable to the people
and shall discharge their duties with utmost responsibility, integrity, competence, and
loyalty, act with patriotism and justice, lead modest lives, and uphold public interest
over personal interest. The law expects public officials to be accountable to the people
in the matter of their integrity and competence.

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 includes appointed, elective, permanent or temporary officials


or employee who receive monthly compensation regardless of amount;

Receiving Gift accepting gift in anticipation of a favor in exchange;

Divestment transfer of title or disposal of interest in property by voluntarily;

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.

Norms and Conduct of Public Officials and Employees

Commitment to public interest public interest first;

Professionalism doing work with highest degree of excellence;


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Justness and sincerity being true to the people at all the time;

Political neutrality doing job with fairness to everyone;

Responsiveness to the public being open to the public by providing them


information that they want; and enabling the public to participate in decision
making by public hearings and consultation;

Nationalism and patriotism being loyal to the Republic of the Philippines.


Promoting Philippines in all aspect.;

Commitment to democracy;

Simple living mode of living most be proportional to the income and position
of a public official and employees.

Duties of Public Officials 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;

Act immediately on the publics personal transactions public official and


employees must attend to anyone who wants to avail his services;

Make documents accessible to the public all public documents must be made
accessible to public.

Committee on Awards to Outstanding Public Officials and Employees


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Composes by Ombudsman and Chairman of the Civil Service Commission as


Co-Chairman and the chairman of Commission on audit and two government
employee to be appointed by the President;

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.

Consequence when chosen as Outstanding Public Officials and Employees

Promotion to the next high rank;

Increase of salary grade.

Prohibited Actions and Transactions

Financial and material interest

Outside employment and other activities related thereto

Misuse of confidential information

Solicitation or acceptance of gift

Statement of Assets and Liabilities and Financial Disclosure a form to be


submitted by public official or employee stating their properties, assets, income,
business of their wife/husband and their children under 18 years old. To be submitted
within 20 days after assumption or office or on or before April 30 annually.

Q: Legal basis of the Code of Conduct?


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ACCOUNTABILITY OF PUBLIC OFFICERS

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

A. IMPORTMCE OF ACQUIRING JURISDICTION


It is vital. Failure to acquire jurisdiction renders the entire proceeding null and
void. Any decisions cannot be imposed, enforced or implemented.

B. APPLICABILITY OF CIVIL SERVICES RULES AND REGULATIONS


Applicable only to employees in the public service or civil servants.

C. WHO ARE CIVIL SERVANTS?


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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.

D. JURISDICTION OF CSC VIS--VIS


CSC shall hear and decide administrative cases instituted by, or brought before
it, directly or on appeal, including contested appointments, and shall review
decisions and actions and actions of its offices and of the agencies attached
before it.

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)

E. EXCLUSIONS TO CSC JURISDICTION


Jurisdiction of CSC in administrative cases in not encompassing.

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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Cadets of PNPA: engage cadets through General Orders.


GOCCs WITHOUT Original Charter.
Jurisdiction: DOLE, Labor Code
Prosecutors of DOJ. They are under the disciplinary jurisdiction of the
President.
Legal basis: Sec. 9, Title III of the Administrative Code
Impeachable Officials. President, Vice-President, members of the Supreme
Court, Constitutional Commission, and the Ombudsman.
Senators
Members of the House of Representatives.

F. GOCCs TEST CSC JURISDICTION

If it is created under special charter, CSC.


If it is created under the general corporation law, DOLEs

G. JURISDICTION OF THE HEADS OF AGENCIES

Heads of Agencies shall have original concurrent disciplinary jurisdiction, with


the CSC, over their respective officers and employees.

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.

Penalty of removal shall be executory only after confirmation by the Department


Secretary concerned.

Legal basis: Sec. 7, (A) (1), URACCS)

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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Legal basis: Sec. 2, RRACCS

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:

(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.

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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(c) Disclosure and/or misuse of confidential information. - Public officials and


employees shall not use or divulge, confidential or classified information officially
known to them by reason of their office and not made available to the public, either:

(1) To further their private interests, or give undue advantage to anyone; or

(2) To prejudice the public interest.

(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.

As to gifts or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift of


nominal value tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a


scholarship or fellowship grant or medical treatment; or
(iii) The acceptance by a public official or employee of travel grants or expenses
for travel taking place entirely outside the Philippine (such as allowances,
transportation, food, and lodging) of more than nominal value if such
acceptance is appropriate or consistent with the interests of the Philippines, and
permitted by the head of office, branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry


out the purpose of this subsection, including pertinent reporting and disclosure
requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational,


scientific or cultural exchange programs subject to national security
requirements.
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This Gift Policy is issued pursuant to the following:

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

2.5. Section 29, Code of Corporate Governance for Government Owned


and Controlled Corporations states that: Every Governing Board shall
formally adopt a No Gift Policy within the GOCC and ensure its full
advertisement to the community and its strict implementation by particular set
of rules.

SALN

WHAT IS SALN?

SALN stands for Statement of Assets, Liabilities, and Net Worth. It is a

declaration of assets (i.e., land, vehicles, etc) and liabilities (i.e., loans, debts, etc),

including business and financial interests, of an official/employee, of his or her spouse,


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and of his or her unmarried children under 18 years old still living in their

parents households. The submission of a SALN is required by law under Article XI

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

waiver authorizing the Ombudsman or his authorized representatives to attain

documents that may show assets, liabilities, net worth, business interests, and

financial connections from all appropriate government agencies.

All public officials and employees, whether regular or under temporary status,

are required to file a SALN.

Art. XI Sec. 17 of the 1987 Philippine Constitution

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.

Administrative Code of 1987, Book 1, Chapter 9, Sec. 34

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.

RA 6713, Sec. 8
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Statements and Disclosure Public officials and employees have an

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

of age living in their households.

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

accordance with the guidelines provided under these rules.

RA 6713, Sec. 8

The SALN must be filed:

within thirty (30) days after assumption of office;

on or before April 30, of every year thereafter; and

within thirty (30) days after separation from the service.

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

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.
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Identification and disclosure of relatives. It shall of 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.

RA 6713, Sec. 8

WHAT IS NEEDED TO BE DISCLOSED?

A.

real property, its improvements, acquisition costs, assessed value and current

fair market value;

personal property and acquisition cost;

all other assets such as investments, cash on hand or in banks, stocks, bonds,

and the like;

liabilities, and;

all business interests and financial connections.

B.

including those of their spouses and of unmarried children under eighteen (18)

years of age living in their households.

C.

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
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information, his relatives in the Government in the form, manner and frequency

prescribed by the Civil Service Commission.

ADMINISTRATIVE REMEDIES

EXHAUSTION OF 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 premature invocation of a courts intervention is fatal to ones cause of


action as aptly explained by the Supreme Court in the case of University of the
Philippines v. Catungal, Jr., et al., (G.R. No. 121863, May 5, 1997), to wit:

The underlying principle of the rule on exhaustion of administrative remedies


rests on the presumption that the 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. The administrative process is intended to provide
less expensive and more speedy solutions to disputes. Where the enabling statute
indicates a procedure for administrative review and provides a system
of administrative appeal or reconsideration, the courts for reasons of law, comity,
and convenience will not entertain a case unless the
available administrative remedies have been resorted to and the appropriate
authorities have been given an opportunity to act and correct the errors committed in
the administrative forum.

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

Government employees are required to render 40 hours of service every week,


or 8 hours daily from Mondays through Fridays. Heads of agencies are mandated to
ensure a system that will monitor attendance. The agency could use a Daily Time
Record (DTR) via bundy clock, a Biometric Machine, or an Attendance Logbook if the
two other options are not available. Since the public requires the delivery of efficient
and prompt service, a civil servant is expected to be available and be at his/her
workstation during the regular office hours that is, from 8:00 AM to 5:00 PM except
in case of a flexible work schedule.

Regularity in attendance is very important in the government. In fact, offenses


involving violations of the rules on attendance are considered grave offenses that merit
suspension of 6 months and 1 day to 1 year for the first offense and dismissal on the
second. These offenses are:

Habitual absenteeism this happens when the employee incurs unauthorized


(read: no approved/official leave) absences for more than 2.5 days for at least
3 months in a single semester, or for 3 consecutive months in a year;

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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is already considered tardy. The 15-minute grace-period known and


commonly practiced among government offices has no basis in law or CSC
regulation. To be sure, forget about the so-called grace period in determining
whether youre tardy during a particular date or not; and

Loafing an employee is guilty of loafing if he/she incurs frequent unauthorized


absences from duty during office hours. A simple (yet very real) example of this
is when a government employee does personal shopping at a mall during office
hours.

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:

Source: CSC MC No. 16, s. 2010

NEPOTISM

Definition: Appointing unqualified relatives to positions in ones organization


when an outsider might be better qualified. Typically connected with political office.

Legal Basis:

A. ADMINISTRATIVE CODE OF 1987 (E.O 292)


Chapter 8, Subtitle A, Title I, Book V
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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.

B. REPUBLIC ACT 7160 (LOCAL GOVERNMENT CODE OF 1991)


Title III, Book I

SECTION 79. Limitation on Appointments. No person shall be appointed in the


career service of the local government if he is related within the fourth civil degree
of consanguinity or affinity to the appointing or recommending authority.

C. REVISED OMNIBUS RULES ON APPOINMENTS AND OTHER


PERSONNEL ACTIONS, Rule XIII, Section 9:

SECTION 9. No appointment in the national, provincial, city or municipal


governments or any branch or instrumentality thereof, including GOCCs with
original charters shall be made in favor of a relative of the appointing or
recommending authority, or of the chief of the bureau or office or of the person
exercising immediate supervision over the appointee.
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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.

D. SIMPLE ILLUSTRATION OF THE DEGREE OF FAMILY RELATIONSHIP BY


BLOOD (CONSANGUINITY) AND REASON OF MARRIAGE (AFFINITY)

E. RATIONALE FOR THE PROHIBITION

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.

F. EXEMPTED FROM THE OPERATION OF THE RULES ON NEPOTISM


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Legal Basis:

SEC 59(2). ADMINISTRATIVE CODE OF 1987

Persons employed in a confidential capacity;


Teachers;
Physicians;
Members of the Armed Forces of the Philippines.

Provided, however, in each particular instance full report of such appointment


shall be made to the Commission.

G. REPUBLIC ACT 4670

SEC.2 MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

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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Other School Employees.

QUESTION:

Is it lawful to appoint relative Consultants?


ANSWER:

REVISED OMNIBUS RULES ON APPOINMENTS AND OTHER PERSONNEL


ACTIONS, Rule XIII, Section 9

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.

Therefore, the answer is YES.

H. CASES OF NEPOTISM

1. Appointment by the Regional Director of the DepEd , Region XI of his son as


Administrative Officer of DepEd Tagum City
(CSC Resoultion No. 04-0325 dated 30 March 2004)
2. Appointment by a Vocational School Administrator, Balicuatro College of Arts
and Trades, of his two sons as driver and utility worker in the said school.
(CSC v. Pedro O. Dacoycoy, G.R. No. 135805, April 29, 1999)

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."
26

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).

The above-stated purpose of the prohibition on double compensation does not


obtain when the employee who was illegally dismissed sought employment in a private
sector during the pendency of his case. Hence, the earnings of the said employee
obtained from the private sector should not be deducted from the back salaries due
him on account of his illegal dismissal.

RELATED LAWS IN RELATION TO DOUBLE COMPENSATION

A. ARTICLE IX-B, SECTION 8, 1987 Constitution

Section 8. No elective or appointive public officer or employee shall receive


additional, double, or indirect compensation, unless specifically authorized by
law, nor accept without the consent of the Congress, any present, emolument,
office, or title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect


compensation.

B. Rule XVIII of the Omnibus Rules Implementing Book V of E.O. No.


292 (ADMINISTRATIVE CODE OF 1987):

Sec. 1. No appointive official shall hold any other office or employment


in the Government or any subdivision, agency or
instrumentality thereof, including government-owned or
controlled corporations with original charters or their
27

subsidiaries, unless otherwise allowed by law or by the


primary functions of his position.

Sec. 2. No elective or appointive public officer or employee shall


receive additional, double, or indirect compensation, unless
specifically authorized by law, xxxxx.

C. Section 5, Canon III of the Code of Conduct for Court Personnel,


specifically provides that:

Sec. 5 The full-time position in the Judiciary of every court


personnel shall be the personnels primary employment. For purposes
of this Code, primary employment means the position that consumes
the entire normal working hours of the court personnel and requires the
personnels exclusive attention in performing official duties.

Outside employment may be allowed by the head of office provided it


complies with all of the following requirements:

(a) The outside employment is not with a person or


entity that practices law before the courts or conducts
business with the Judiciary;

(b) The outside employment can be performed


outside of normal working hours and is not
incompatible with the performance of the court
personnels duties and responsibilities;

(c) The outside employment does not require the


practice of law; Provided, however, that court
personnel may render services as professor, lecturer,
or resource person in law schools, review or
continuing education centers or similar institutions;
28

(d) The outside employment does not require or


induce the court personnel to disclose confidential
information acquired while performing duties; and

(e) The outside employment shall not be with the


legislative or executive branch of government, unless
specifically authorized by the Supreme Court.

Where a conflict of interest exists, may reasonably appear to


exist, or where the outside employment reflects adversely on the
integrity of the Judiciary, the court personnel shall not accept the
outside employment.

SEXUAL HARASSMENT

WHAT IS SEXUAL HARASSMENT?

It is an act or a series of acts involving any unwelcome sexual advance, request


or demand for a sexual favor, or other verbal or physical behavior of a sexual nature,
committed by a government employee or official in a work-related, training- or
education- related environment.

WHAT IS THE POLICY OF THE STATE ON SEXUAL HARASSMENT?

Sexual harassment, which has been declared unlawful in the workplace,


training and education environments, will not be tolerated as it violates the dignity and
human rights of a person.

WHAT IS THE PRESENT LAW ON SEXUAL HARASSMENT?

R.A. 7877, an Act Declaring Sexual Harassment Unlawful in the Employment,


Education or Training Environment, and for other purposes was approved on
February 14, 1995 and became effective on March 5, 1995, fifteen (15) days after its
29

publication in the Malaya and Times Journal on February 18, 1995. It is known as The
Anti-Sexual Harassment Act of 1995.

WHAT IS CIVIL SERVICE COMMISSION (CSC) RESOLUTION NO. 01-0940?

It is known as the Administrative Disciplinary Rules on Sexual Harassment


Cases.

WHAT IS THE EFFECT OF CSC RESOLUTION NO. 01-0940 TO PRIOR


ISSUANCES OF THE CSC AND THE DEPARTMENT OF LABOR AND
EMPLOYMENT?

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.

WHERE CAN SEXUAL HARASSMENT BE COMMITTED UNDER THE


PROVISIONS OF CSC RESOLUTION NO. 01-0940?

Sexual harassment may take place:

in the premises of the workplace or office or of the school or training institution;


in any place where the parties were found, as a result of work or education or
training responsibilities or relations;
at work or education- or training-related social functions;
while on official business outside the office or school or training institution or
during work or school or training-related travel;
at official conferences, fora, symposia or training sessions; or
by telephone, cellular phone, fax machine or electronic mail.

WHEN IS SEXUAL HARASSMENT COMMITTED IN THE EMPLOYMENT OR


WORK-RELATED ENVIRONMENT?

Work-related sexual harassment is committed when:

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.

WHEN IS SEXUAL HARASSMENT COMMITTED IN AN EDUCATION OR


TRAINING ENVIRONMENT?

Education or training related sexual harassment is committed when:

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.

WHEN IS A GOVERNMENT OFFICIAL/EMPLOYEE LIABLE FOR SEXUAL


HARASSMENT?

A government official or employee, regardless of sex, is liable for sexual


harassment when he/she:

directly participates in the execution of any act of sexual harassment as defined


by the Administrative Disciplinary Rules on Sexual Harassment Cases;
31

induces or directs another or others to commit sexual harassment as defined


by these Rules;
cooperates in the commission of sexual harassment by another through an act
without which the sexual harassment would not have been accomplished; or
cooperates in the commission of sexual harassment by another through
previous or simultaneous acts.

WHAT ARE THE FORMS OF SEXUAL HARASSMENT?

Physical

a. Malicious touching

b. Overt sexual advances

c. Gestures with lewd insinuation

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

CODE OF CONDUCT CASES

CASES NATURE LEGAL BASIS HELD


32

#1 Inefficiency; Administrative Circular no.1- VIOLATION OF


ABSENTEEISM 91: CODE OF
Habitual CONDUCT
JUDGE LEAH DOMINGO- Absenteeism; An officer or employee in the
REGALA, complainant civil service shall be
v MA, DONNA y SULTAN, Tardiness; considered habitually absent if
respondent he incurs unauthorized
Falsification of absences exceeding the
ETHICAL NORMS: Daily Time allowable 2.5 days monthly
record; leave credit under the leave
Commitment to law for at least three (3)
public interest Dishonest and months in a semester or at
conduct least three (3) consecutive
public interest first;
prejudicial to months during the year
Professionalism service.
doing work with
highest degree of
excellence.
#2
Due process Section 33, Rule XVI of the PETITION
AWOL/ACADEMIC
Revised Civil Service Rules, GRANTED
FREEDOM
Automatic which was in effect at the
separation from time. The provision states:
UNIVERSITY OF THE
PHILIPPINES service as
Professor Under no circumstances shall
and ALFREDO DE
leave without pay be granted
TORRES, petitioners,
Exercise of for more than one year. If an
vs. CIVIL SERVICE
employee who is on leave
COMMISSION, responden Academic
freedom without pay for any reason fails
t.
to return to duty at the
G.R. No. 132860. April 3,
expiration of one year from the
2001
effective date of such leave, he
shall be considered
ETHICAL NORMS: automatically separated from
Nationalism and the service; Provided, that he
shall, within a reasonable time
patriotism being before the expiration of his one
loyal to the Republic year leave of absence without
pay, be notified in writing of the
of the Philippines. expiration thereof with a
Promoting warning that if he fails to report
for duty on said date, he will be
Philippines in all dropped from the service.
aspect.
Section 33, Rule XVI of the
Revised Civil Service Rules,
33

Commitment to are consistent with the exercise


of its academic freedom.
public interest
public interest first; University has the academic
freedom to determine for itself
Due Process, on academic grounds who may
Fairness and Justice teach, what may be taught,
how it shall be taught, and who
may be admitted to study.

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

income and position


of a
public official and
employees.
#4 HR Issue R.A.6683, Sec. 2. Coverage. PETITION
This Act shall cover all GRANTED
COTERMINOUS EMPLOYEE
Coterminous appointive officials and
employee employees of the National
CHUA v CSC Government, including
government-owned or
G.R. No. 88979 (February controlled corporations with
7, 1992) original charters, as well as the
personnel of all local
government units. The benefits
ETHICAL NORMS: authorized under this Act shall
Commitment to apply to all regular, temporary,
casual and emergency
public interest employees, regardless of age,
public interest first; who have rendered at least a
total of two (2) consecutive
Nationalism and years of government service as
patriotism being of the date of separation.
Uniformed personnel of the
loyal to the Republic Armed Forces of the
of the Philippines. Philippines including those of
the PC-INP are excluded from
Promoting the coverage of this Act.
Philippines in all
aspect;
Justness and
sincerity being true
to the people at all
the time;
Fairness and Social
Justice
Compassion for
employees and
workforce in the
government.
35

#5 Leadership RRACCS, Less Grave Offense VIOLATION OF


INSUBORDINATION Issue CODE OF
Insubordination is a quality or CONDUCT
CIVIL SERVICE Insubordination state of being insubordinate;
COMMISSION & defiance or non-submission to
DOST RO-V VS. authority. ( Lejano v.
M AR I L Y N G . Mayuga,168261-R January
AR ANDI A, G.R. NO. 29,1957)
199549, APRIL 7,
2014

ETHICAL NORMS:
Professionalism
doing work with
highest degree of
excellence;
Commitment to
public interest
public interest first.

#6 The Court upholds the PARTIALLY


Leadership constitutionality of Section 14, GRANTED
LEADERSHIP Issue Chapter 3, Title IA, Book V o
/APPOINTMENT f EO 292, but
Independence declares unconstitutional
of CSC EO 864 and the designation of
DENNIS A. B. FUNA v. THE Duque in an ex officio
capacity as a member of the
CHAIRMAN,CIVILSERVICE
Board of Directors or Trustees
COMMISSION, FRANCISCO of the GSIS,
PHILHEALTH, ECC and
T. DUQUE III, et. al.
HDMF.
G.R. No. 191672, 25 Novem
Being an appointive public offi
ber 2014, EN BANC
cial who does not occupy a Ca
binet position
ETHICAL NORMS: (i.e., President, the Vice-
President, Members of the Ca
binet, their deputies and
Justness and assistants), Duque was thus c
sincerity being true overed by the general rule enu
nciated under Section 7,
to the people at all paragraph (2), Article IX-
the time;
B. He can hold any other office
or employment in the
36

Political neutrality Government during his tenure


if such holding is allowed by la
doing job with w or by the primary
fairness to everyone; functions of his position.
Professionalism
doing work with
highest degree of
excellence.
#7 SALN Section 7 of Article III of the C GRANTED
SALN OF MAGISTRATES onstitution is relevant in the iss
Public ue of public SUBJECT TO
disclosure disclosure of SALN and other d LIMITATIONS
RE: REQUEST FOR COPY ocuments of public officials, wh
OF 2008 STATEMENT OF A ich provides that
the right of the people to info
SSETS,LIABILITIES AND N rmation on matters of public
ETWORTH [SALN] AND PE concern shall be
recognized. Access to official r
RSONAL DATASHEET OR
ecords, and to documents, and
CURRICULUM VITAE OF T papers pertaining
HE JUSTICES OF THE to official acts, transactions, or
decisions, as well as to govern
SUPREME COURT AND OF ment research data
FICERS used as basis for policy develo
pment, shall be afforded the citi
AND EMPLOYEES OF THE zen, subject to such
JUDICIARY limitations as may be provided
by law.
A.M. No. 09-8-6-
SC, 13 June 2012

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
38

to the people at all appointing power or


recommending authority.
the time;
Simple living mode
of living most be
proportional to the
income and position
of a
public official and
employees.

#10 Grave The present legal basis for an CMWD Petition


VIOLATION OF miscounduct award of back salaries is DENIED
REASONABLE OFFICE Section 47, Book V of the
RULES Tampering of Administrative Code of 1987.
computerized
THE CIVIL SERVICE DTR Section 47. Disciplinary
COMMISSION, Petitioner, Jurisdiction. x xx.
v. RICHARD G. CRUZ, Violation of
Respondent. Reasonable (4) An appeal shall not stop the
G.R. No. 187858 : August Office Rules decision from being executory,
9, 2011 and in case the penalty is
suspension or removal, the
ETHICAL NORMS: respondent shall be considered
Political neutrality as having been under
preventive suspension during
doing job with the pendency of the appeal in
fairness to everyone; the event he wins an appeal.

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.

Sec. 12, Rule XVIII of the


Revised Civil Service Rules
Sec. 12. No officer or
employee shall engage directly
in any private business,
vocation, or profession or be
connected with any
commercial, credit, agricultural,
or industrial undertaking
without a written permission
from the head of Department:
Provided,That this prohibition
will be absolute in the case of
those officers and employees
whose duties and
responsibilities require that
their entire time be at the
disposal of the Government:
40

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

#15 Nepotism Section 59 of the Revised VIOLATED


Administrative Code of 1987 CODE OF
NEPOTISM
Appointment (E.O. 292) covers all CONDUCT
DEBULGADO V. CSC appointments to the national,
(1994) Leadership provincial, city and municipal
[ G.R. NO. 111471, Issues government as well as any
SEPTEMBER 26, 1994] branch or instrumentality
thereof and all government
owned and controlled
ETHICAL NORMS:
corporations.
Professionalism
doing work with
highest degree of
excellence;
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.
#16 Nepotism . It further held that Section VIOLATED
24(F) of RA 2260 provides that CODE OF
NEPOTISM Appointment to
no person appointed to a CONDUCT
LAUREL VS. CSC (1991) non-career/ position in the non-competitive
service (non-career) shall
[ G.R. NO. 71562, career service
perform the duties properly
OCTOBER 28, 1991] Leadership belonging to any position in the
competitive service (career).
Issues
The petitioner therefore could
ETHICAL NORMS: Conflict of not legally and validly
designate Benjamin who
Commitment to Interest successively occupied the non-
public interest career position of Senior
Executive Assistant and Civil
public interest first; Security Officer, to the position
of a Provincial Administrator, a
43

Professionalism career position under Section


4 of RA No. 5185.
doing work with
highest degree of
excellence;
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.
#17 Sexual CSC found petitioner guilty of VIOLATED
Harassment Grave Misconduct (Acts of CODE OF
SEXUAL HARASSMENT
Sexual Harassment), and CONDUCT
DIOSCORO F. BACSIN, Leadership dismissed him from the
petitioner, Issues service. Specifically, the CSC
vs. EDUARDO O. found the petitioner to have
WAHIMAN, respondent. Abuse of committed an act constituting
G.R. No. 146053, April 30, Authority sexual harassment, as defined
2008 in Sec. 3 of Republic Act No.
ETHICAL NORMS: (RA) 7877, the Anti-Sexual
Harassment Act of 1995.

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.

OTHER RELATES CASES

DISHONESTY- The concealment or distortion of truth

Making it appear that respondents passed the LET with rating of 76% when in
fact respondent got a rating of 57.40%

(CSC Resolution No.01-0264 dated January 26,2001)

Failure to disclose pending criminal cases and failure to disclose


conviction for grave slander/grave oral defamation.

(Ratti v Mendoza-De Castro, 435 SCRA 11)

GRAVE MISCONDUCT-Transgression of some established and definite rule


of action, particularly, unlawful behavior or gross negligence.

Failure of Provincial Accountant to refund P4,340 representing her traveling


allowances and expenses in connection with a seminar which she did not
attend.

(CSC Resolution No.01-0615 dated March 15,2001)

CONVICTION INVOLVING MORAL TURPITUDE-An act or behavior that


gravely violates moral sentiments or accepted moral standards of community.

Conviction of crime of drug pushing

(OCA v Vicente Librado,260 SCRA 624)

Conviction of violation of B.P.22 (Bouncing Checks Law)

(Pablo C. Villaber v. COMELEC,G.R.No.148326,November 15,2001)

Conviction of violation of P.D.1612 (Anti-Fencing Law)


45

(Dela Torre v. COMELEC,94 SCRA 317)

APPENDIX A
46

Republic Act No. 6713


February 20, 1989

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS


FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED
PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING
INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING
PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in


Congress assembled::

Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical
Standards for Public Officials and Employees."

Section 2. Declaration of Policies. - It is the policy of the State to promote a high


standard of ethics in public service. Public officials and employees shall at all times be
accountable to the people and shall discharge their duties with utmost responsibility,
integrity, competence, and loyalty, act with patriotism and justice, lead modest lives,
and uphold public interest over personal interest.

Section 3. Definition of Terms. - As used in this Act, the term:

(a) "Government" includes the National Government, the local governments,


and all other instrumentalities, agencies or branches of the Republic of the
Philippines including government-owned or controlled corporations, and their
subsidiaries.lawphi1.net

(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.

(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or


liberality, in favor of another who accepts it, and shall include a simulated sale
or an ostensibly onerous disposition thereof. It shall not include an unsolicited
gift of nominal or insignificant value not given in anticipation of, or in exchange
for, a favor from a public official or employee.

(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.
47

(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.

(i) "Conflict of interest" arises when a public official or employee is a member


of a board, an officer, or a substantial stockholder of a private corporation or
owner or has a substantial interest in a business, and the interest of such
corporation or business, or his rights or duties therein, may be opposed to or
affected by the faithful performance of official duty.

(j) "Divestment" is the transfer of title or disposal of interest in property by


voluntarily, completely and actually depriving or dispossessing oneself of his
right or title to it in favor of a person or persons other than his spouse and
relatives as defined in this Act.

(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:

(a) Commitment to public interest. - Public officials and employees shall


always uphold the public interest over and above personal interest. All
government resources and powers of their respective offices must be
employed and used efficiently, effectively, honestly and economically,
particularly to avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and


discharge their duties with the highest degree of excellence,
professionalism, intelligence and skill. They shall enter public service
with utmost devotion and dedication to duty. They shall endeavor to
discourage wrong perceptions of their roles as dispensers or peddlers of
undue patronage.

(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
48

appointments of such relatives to positions considered strictly


confidential or as members of their personal staff whose terms are
coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide


service to everyone without unfair discrimination and regardless of party
affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall


extend prompt, courteous, and adequate service to the public. Unless
otherwise provided by law or when required by the public interest, public
officials and employees shall provide information of their policies and
procedures in clear and understandable language, ensure openness of
information, public consultations and hearings whenever appropriate,
encourage suggestions, simplify and systematize policy, rules and
procedures, avoid red tape and develop an understanding and
appreciation of the socio-economic conditions prevailing in the country,
especially in the depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at


all times be loyal to the Republic and to the Filipino people, promote the
use of locally produced goods, resources and technology and encourage
appreciation and pride of country and people. They shall endeavor to
maintain and defend Philippine sovereignty against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall


commit themselves to the democratic way of life and values, maintain
the principle of public accountability, and manifest by deeds the
supremacy of civilian authority over the military. They shall at all times
uphold the Constitution and put loyalty to country above loyalty to
persons or party.

(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.

Section 5. Duties of Public Officials and Employees. - In the performance of their


duties, all public officials and employees are under obligation to:lawphi1.net

(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.

Section 6. System of Incentives and Rewards. - A system of annual incentives and


rewards is hereby established in order to motivate and inspire public servants to
uphold the highest standards of ethics. For this purpose, a Committee on Awards to
Outstanding Public Officials and Employees is hereby created composed of the
following: the Ombudsman and Chairman of the Civil Service Commission as Co-
Chairmen, and the Chairman of the Commission on Audit, and two government
employees to be appointed by the President, as members.

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.
50

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of


public officials and employees now prescribed in the Constitution and existing laws,
the following shall constitute prohibited acts and transactions of any public official and
employee and are hereby declared to be unlawful:

(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:

(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.

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.

(c) Disclosure and/or misuse of confidential information. - Public officials and


employees shall not use or divulge, confidential or classified information
officially known to them by reason of their office and not made available to the
public, either:

(1) To further their private interests, or give undue advantage to anyone;


or

(2) To prejudice the public interest.

(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.

As to gifts or grants from foreign governments, the Congress consents to:


51

(i) The acceptance and retention by a public official or employee of a gift


of nominal value tendered and received as a souvenir or mark of
courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature


of a scholarship or fellowship grant or medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or


expenses for travel taking place entirely outside the Philippine (such as
allowances, transportation, food, and lodging) of more than nominal
value if such acceptance is appropriate or consistent with the interests
of the Philippines, and permitted by the head of office, branch or agency
to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry


out the purpose of this subsection, including pertinent reporting and disclosure
requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational,


scientific or cultural exchange programs subject to national security
requirements.

Section 8. Statements and Disclosure. - Public officials and employees have an


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
of age living in their households.

(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.

The two documents shall contain information on the following:

(a) real property, its improvements, acquisition costs, assessed value


and current fair market value;

(b) personal property and acquisition cost;

(c) all other assets such as investments, cash on hand or in banks,


stocks, bonds, and the like;

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:


52

(a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(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.
53

(3) Any person requesting a copy of a statement shall be required to pay a


reasonable fee to cover the cost of reproduction and mailing of such statement,
as well as the cost of certification.

(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:

(a) any purpose contrary to morals or public policy; or

(b) any commercial purpose other than by news and communications media for
dissemination to the general public.

Section 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 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.

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.

The individual to whom an opinion is rendered, and any other individual


involved in a similar factual situation, and who, after issuance of the opinion
acts in good faith in accordance with it shall not be subject to any sanction
provided in this Act.

(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
54

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.

(b) Any violation hereof proven in a proper administrative proceeding shall be


sufficient cause for removal or dismissal of a public official or employee, even
if no criminal prosecution is instituted against him.

(c) Private individuals who participate in conspiracy as co-principals,


accomplices or accessories, with public officials or employees, in violation of
this Act, shall be subject to the same penal liabilities as the public officials or
employees and shall be tried jointly with them.

(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 12. Promulgation of Rules and Regulations, Administration and Enforcement


of this Act. - The Civil Service Commission shall have the primary responsibility for the
administration and enforcement of this Act. It shall transmit all cases for prosecution
arising from violations of this Act to the proper authorities for appropriate action:
Provided, however, That it may institute such administrative actions and disciplinary
measures as may be warranted in accordance with law. Nothing in this provision shall
be construed as a deprivation of the right of each House of Congress to discipline its
Members for disorderly behavior.

The Civil Service Commission is hereby authorized to promulgate rules and


regulations necessary to carry out the provisions of this Act, including guidelines for
individuals who render free voluntary service to the Government. The Ombudsman
shall likewise take steps to protect citizens who denounce acts or omissions of public
officials and employees which are in violation of this Act.

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.
55

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.

Approved, February 20, 1989.


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APPENDIX B

CASES INVOLVING CODE OF CONDUCT

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