Public Official Provisions Relating TO Public Officers

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PUBLIC OFFICIAL

PROVISIONS RELATING TO PUBLIC OFFICERS

I. Constitutional provision on accountability


II. RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees)
a) Declaration of Policy
b) Norms of Conduct of Public Officials and Employees
c) Prohibited Transactions
d) Statements and Disclosures
e) Divestment
f) Penalties

CONSTITUTION

Article XI.
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.

CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND


EMPLOYEES (RA 6713)

“It is the policy of the state to promote high standards 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.”
NORMS OF CONDUCT OF PUBLIC OFFICIALS1

i. 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.

ii. 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.
iii. 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 appointments
of such relatives to positions considered strictly confidential or as members of their
personal staff whose terms are coterminous with theirs.

iv. Political Neutrality

Public officials and employees shall provide service to everyone without unfair
discrimination and regardless of party affiliation or preference.

v. 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

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Sec. 4, RA 6713

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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.

vi. 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.

vii. 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.

viii. 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.

PROHIBITED TRANSACTIONS2

1. 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.

2. Outside employment and other activities related thereto

Public officials and employees during their incumbency shall not:

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Sec. 7, ibid.

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(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.
3. Disclosure and 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.

4. Soliciting and accepting 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;

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(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.

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