Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
6713 February 20, 1989 (b) "Public Officials" includes elective and
appointive officials and employees, permanent
AN ACT ESTABLISHING A CODE OF or temporary, whether in the career or non-
CONDUCT AND ETHICAL STANDARDS career service, including military and police
FOR PUBLIC OFFICIALS AND personnel, whether or not they receive
EMPLOYEES, TO UPHOLD THE TIME- compensation, regardless of amount.
HONORED PRINCIPLE OF PUBLIC
OFFICE BEING A PUBLIC TRUST, (c) "Gift" refers to a thing or a right to dispose
GRANTING INCENTIVES AND of gratuitously, or any act or liberality, in favor
REWARDS FOR EXEMPLARY of another who accepts it, and shall include a
SERVICE, ENUMERATING simulated sale or an ostensibly onerous
PROHIBITED ACTS AND disposition thereof. It shall not include an
TRANSACTIONS AND PROVIDING unsolicited gift of nominal or insignificant
PENALTIES FOR VIOLATIONS value not given in anticipation of, or in
THEREOF AND FOR OTHER PURPOSES exchange for, a favor from a public official or
employee.
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress (d) "Receiving any gift" includes the act of
assembled:: accepting directly or indirectly, a gift from a
person other than a member of his family or
Section 1. Title. - This Act shall be known as relative as defined in this Act, even on the
the "Code of Conduct and Ethical Standards occasion of a family celebration or national
for Public Officials and Employees." festivity like Christmas, if the value of the gift
is neither nominal nor insignificant, or the gift
Section 2. Declaration of Policies. - It is the is given in anticipation of, or in exchange for, a
policy of the State to promote a high standard favor.
of ethics in public service. Public officials and
employees shall at all times be accountable to (e) "Loan" covers both simple loan and
the people and shall discharge their duties with commodatum as well as guarantees, financing
utmost responsibility, integrity, competence, arrangements or accommodations intended to
and loyalty, act with patriotism and justice, ensure its approval.
lead modest lives, and uphold public interest
over personal interest. (f) "Substantial stockholder" means any person
who owns, directly or indirectly, shares of
Section 3. Definition of Terms. - As used in stock sufficient to elect a director of a
this Act, the term: corporation. This term shall also apply to the
parties to a voting trust.
(a) "Government" includes the National
Government, the local governments, and all (g) "Family of public officials or employees"
other instrumentalities, agencies or branches of means their spouses and unmarried children
the Republic of the Philippines including under eighteen (18) years of age.
government-owned or controlled corporations,
and their subsidiaries.lawphi1.net (h) "Person" includes natural and juridical
persons unless the context indicates otherwise.
(i) "Conflict of interest" arises when a public (c) Justness and sincerity. - Public officials and
official or employee is a member of a board, an employees shall remain true to the people at all
officer, or a substantial stockholder of a private times. They must act with justness and
corporation or owner or has a substantial sincerity and shall not discriminate against
interest in a business, and the interest of such anyone, especially the poor and the
corporation or business, or his rights or duties underprivileged. They shall at all times respect
therein, may be opposed to or affected by the the rights of others, and shall refrain from
faithful performance of official duty. doing acts contrary to law, good morals, good
customs, public policy, public order, public
(j) "Divestment" is the transfer of title or safety and public interest. They shall not
disposal of interest in property by voluntarily, dispense or extend undue favors on account of
completely and actually depriving or their office to their relatives whether by
dispossessing oneself of his right or title to it in consanguinity or affinity except with respect to
favor of a person or persons other than his appointments of such relatives to positions
spouse and relatives as defined in this Act. considered strictly confidential or as members
of their personal staff whose terms are
(k) "Relatives" refers to any and all persons coterminous with theirs.
related to a public official or employee within
the fourth civil degree of consanguinity or (d) Political neutrality. - Public officials and
affinity, including bilas, inso and balae. employees shall provide service to everyone
without unfair discrimination and regardless of
Section 4. Norms of Conduct of Public party affiliation or preference.
Officials and Employees. - (A) Every public
official and employee shall observe the (e) Responsiveness to the public. - Public
following as standards of personal conduct in officials and employees shall extend prompt,
the discharge and execution of official duties: courteous, and adequate service to the public.
Unless otherwise provided by law or when
(a) Commitment to public interest. - Public required by the public interest, public officials
officials and employees shall always uphold and employees shall provide information of
the public interest over and above personal their policies and procedures in clear and
interest. All government resources and powers understandable language, ensure openness of
of their respective offices must be employed information, public consultations and hearings
and used efficiently, effectively, honestly and whenever appropriate, encourage suggestions,
economically, particularly to avoid wastage in simplify and systematize policy, rules and
public funds and revenues. procedures, avoid red tape and develop an
understanding and appreciation of the socio-
(b) Professionalism. - Public officials and economic conditions prevailing in the country,
employees shall perform and discharge their especially in the depressed rural and urban
duties with the highest degree of excellence, areas.
professionalism, intelligence and skill. They
shall enter public service with utmost devotion (f) Nationalism and patriotism. - Public
and dedication to duty. They shall endeavor to officials and employees shall at all times be
discourage wrong perceptions of their roles as loyal to the Republic and to the Filipino
dispensers or peddlers of undue patronage. people, promote the use of locally produced
goods, resources and technology and communications sent by the public. The reply
encourage appreciation and pride of country must contain the action taken on the request.
and people. They shall endeavor to maintain
and defend Philippine sovereignty against (b) Submit annual performance reports. - All
foreign intrusion. heads or other responsible officers of offices
and agencies of the government and of
(g) Commitment to democracy. - Public government-owned or controlled corporations
officials and employees shall commit shall, within forty-five (45) working days from
themselves to the democratic way of life and the end of the year, render a performance
values, maintain the principle of public report of the agency or office or corporation
accountability, and manifest by deeds the concerned. Such report shall be open and
supremacy of civilian authority over the available to the public within regular office
military. They shall at all times uphold the hours.
Constitution and put loyalty to country above
loyalty to persons or party. (c) Process documents and papers
expeditiously. - All official papers and
(h) Simple living. - Public officials and documents must be processed and completed
employees and their families shall lead modest within a reasonable time from the preparation
lives appropriate to their positions and income. thereof and must contain, as far as practicable,
They shall not indulge in extravagant or not more than three (3) signatories therein. In
ostentatious display of wealth in any form. the absence of duly authorized signatories, the
official next-in-rank or officer in charge shall
(B) The Civil Service Commission shall adopt sign for and in their behalf.
positive measures to promote (1) observance of
these standards including the dissemination of (d) Act immediately on the public's personal
information programs and workshops transactions. - All public officials and
authorizing merit increases beyond regular employees must attend to anyone who wants to
progression steps, to a limited number of avail himself of the services of their offices
employees recognized by their office and must, at all times, act promptly and
colleagues to be outstanding in their expeditiously.
observance of ethical standards; and (2)
continuing research and experimentation on (e) Make documents accessible to the public. -
measures which provide positive motivation to All public documents must be made accessible
public officials and employees in raising the to, and readily available for inspection by, the
general level of observance of these standards. public within reasonable working hours.
Section 5. Duties of Public Officials and Section 6. System of Incentives and Rewards. -
Employees. - In the performance of their A system of annual incentives and rewards is
duties, all public officials and employees are hereby established in order to motivate and
under obligation to:lawphi1.net inspire public servants to uphold the highest
standards of ethics. For this purpose, a
(a) Act promptly on letters and requests. - All Committee on Awards to Outstanding Public
public officials and employees shall, within Officials and Employees is hereby created
fifteen (15) working days from receipt thereof, composed of the following: the Ombudsman
respond to letters, telegrams or other means of and Chairman of the Civil Service Commission
as Co-Chairmen, and the Chairman of the of any public official and employee and are
Commission on Audit, and two government hereby declared to be unlawful:
employees to be appointed by the President, as
members. (a) Financial and material interest. - Public
officials and employees shall not, directly or
It shall be the task of this Committee to indirectly, have any financial or material
conduct a periodic, continuing review of the interest in any transaction requiring the
performance of public officials and employees, approval of their office.
in all the branches and agencies of
Government and establish a system of annual (b) Outside employment and other activities
incentives and rewards to the end that due related thereto. - Public officials and
recognition is given to public officials and employees during their incumbency shall not:
employees of outstanding merit on the basis of
the standards set forth in this Act. (1) Own, control, manage or accept
employment as officer, employee, consultant,
The conferment of awards shall take into counsel, broker, agent, trustee or nominee in
account, among other things, the following: the any private enterprise regulated, supervised or
years of service and the quality and licensed by their office unless expressly
consistency of performance, the obscurity of allowed by law;
the position, the level of salary, the unique and
exemplary quality of a certain achievement, (2) Engage in the private practice of their
and the risks or temptations inherent in the profession unless authorized by the
work. Incentives and rewards to government Constitution or law, provided, that such
officials and employees of the year to be practice will not conflict or tend to conflict
announced in public ceremonies honoring with their official functions; or
them may take the form of bonuses, citations,
directorships in government-owned or (3) Recommend any person to any position in a
controlled corporations, local and foreign private enterprise which has a regular or
scholarship grants, paid vacations and the like. pending official transaction with their office.
They shall likewise be automatically promoted
to the next higher position with the These prohibitions shall continue to apply for a
commensurate salary suitable to their period of one (1) year after resignation,
qualifications. In case there is no next higher retirement, or separation from public office,
position or it is not vacant, said position shall except in the case of subparagraph (b) (2)
be included in the budget of the office in the above, but the professional concerned cannot
next General Appropriations Act. The practice his profession in connection with any
Committee on Awards shall adopt its own matter before the office he used to be with, in
rules to govern the conduct of its activities. which case the one-year prohibition shall
likewise apply.
Section 7. Prohibited Acts and Transactions. -
In addition to acts and omissions of public (c) Disclosure and/or misuse of confidential
officials and employees now prescribed in the information. - Public officials and employees
Constitution and existing laws, the following shall not use or divulge, confidential or
shall constitute prohibited acts and transactions classified information officially known to them
by reason of their office and not made pertinent reporting and disclosure
available to the public, either: requirements.
(1) To further their private interests, or give Nothing in this Act shall be construed to
undue advantage to anyone; or restrict or prohibit any educational, scientific
or cultural exchange programs subject to
(2) To prejudice the public interest. national security requirements.
(d) Solicitation or acceptance of gifts. - Public Section 8. Statements and Disclosure. - Public
officials and employees shall not solicit or officials and employees have an obligation to
accept, directly or indirectly, any gift, gratuity, accomplish and submit declarations under oath
favor, entertainment, loan or anything of of, and the public has the right to know, their
monetary value from any person in the course assets, liabilities, net worth and financial and
of their official duties or in connection with business interests including those of their
any operation being regulated by, or any spouses and of unmarried children under
transaction which may be affected by the eighteen (18) years of age living in their
functions of their office. households.
As to gifts or grants from foreign governments, (A) Statements of Assets and Liabilities and
the Congress consents to: Financial Disclosure. - All public officials and
employees, except those who serve in an
(i) The acceptance and retention by a public honorary capacity, laborers and casual or
official or employee of a gift of nominal value temporary workers, shall file under oath their
tendered and received as a souvenir or mark of Statement of Assets, Liabilities and Net Worth
courtesy; and a Disclosure of Business Interests and
Financial Connections and those of their
(ii) The acceptance by a public official or spouses and unmarried children under eighteen
employee of a gift in the nature of a (18) years of age living in their households.
scholarship or fellowship grant or medical
treatment; or The two documents shall contain information
on the following:
(iii) The acceptance by a public official or
employee of travel grants or expenses for (a) real property, its improvements, acquisition
travel taking place entirely outside the costs, assessed value and current fair market
Philippine (such as allowances, transportation, value;
food, and lodging) of more than nominal value
if such acceptance is appropriate or consistent (b) personal property and acquisition cost;
with the interests of the Philippines, and
permitted by the head of office, branch or (c) all other assets such as investments, cash on
agency to which he belongs. hand or in banks, stocks, bonds, and the like;
(1) Constitutional and national elective (3) Any person requesting a copy of a
officials, with the national office of the statement shall be required to pay a reasonable
Ombudsman; fee to cover the cost of reproduction and
mailing of such statement, as well as the cost
(2) Senators and Congressmen, with the of certification.
Secretaries of the Senate and the House of
Representatives, respectively; Justices, with (4) Any statement filed under this Act shall be
the Clerk of Court of the Supreme Court; available to the public for a period of ten (10)
Judges, with the Court Administrator; and all years after receipt of the statement. After such
national executive officials with the Office of period, the statement may be destroyed unless
the President. needed in an ongoing investigation.
(D) Prohibited acts. - It shall be unlawful for any opinion interpreting this Act, in writing, to
any person to obtain or use any statement filed persons covered by this Act, subject in each
under this Act for: instance to the approval by affirmative vote of
the majority of the particular House concerned.
(a) any purpose contrary to morals or public
policy; or The individual to whom an opinion is
rendered, and any other individual involved in
(b) any commercial purpose other than by a similar factual situation, and who, after
news and communications media for issuance of the opinion acts in good faith in
dissemination to the general public. accordance with it shall not be subject to any
sanction provided in this Act.
Section 9. Divestment. - A public official or
employee shall avoid conflicts of interest at all (c) The heads of other offices shall perform the
times. When a conflict of interest arises, he duties stated in subsections (a) and (b) hereof
shall resign from his position in any private insofar as their respective offices are
business enterprise within thirty (30) days from concerned, subject to the approval of the
his assumption of office and/or divest himself Secretary of Justice, in the case of the
of his shareholdings or interest within sixty Executive Department and the Chief Justice of
(60) days from such assumption. the Supreme Court, in the case of the Judicial
Department.
The same rule shall apply where the public
official or employee is a partner in a Section 11. Penalties. –
partnership.
(a) Any public official or employee, regardless
The requirement of divestment shall not apply of whether or not he holds office or
to those who serve the Government in an employment in a casual, temporary, holdover,
honorary capacity nor to laborers and casual or permanent or regular capacity, committing any
temporary workers. violation of this Act shall be punished with a
fine not exceeding the equivalent of six (6)
Section 10. Review and Compliance months' salary or suspension not exceeding one
Procedure. - (a) The designated Committees of (1) year, or removal depending on the gravity
both Houses of the Congress shall establish of the offense after due notice and hearing by
procedures for the review of statements to the appropriate body or agency. If the violation
determine whether said statements which have is punishable by a heavier penalty under
been submitted on time, are complete, and are another law, he shall be prosecuted under the
in proper form. In the event a determination is latter statute. Violations of Sections 7, 8 or 9 of
made that a statement is not so filed, the this Act shall be punishable with imprisonment
appropriate Committee shall so inform the not exceeding five (5) years, or a fine not
reporting individual and direct him to take the exceeding five thousand pesos (P5,000), or
necessary corrective action. both, and, in the discretion of the court of
competent jurisdiction, disqualification to hold
(b) In order to carry out their responsibilities public office.
under this Act, the designated Committees of
both Houses of Congress shall have the power (b) Any violation hereof proven in a proper
within their respective jurisdictions, to render administrative proceeding shall be sufficient
cause for removal or dismissal of a public acts or omissions of public officials and
official or employee, even if no criminal employees which are in violation of this Act.
prosecution is instituted against him.
Section 13. Provisions for More Stringent
(c) Private individuals who participate in Standards. - Nothing in this Act shall be
conspiracy as co-principals, accomplices or construed to derogate from any law, or any
accessories, with public officials or employees, regulation prescribed by any body or agency,
in violation of this Act, shall be subject to the which provides for more stringent standards
same penal liabilities as the public officials or for its official and employees.
employees and shall be tried jointly with them.
Section 14. Appropriations. - The sum
(d) The official or employee concerned may necessary for the effective implementation of
bring an action against any person who obtains this Act shall be taken from the appropriations
or uses a report for any purpose prohibited by of the Civil Service Commission. Thereafter,
Section 8 (D) of this Act. The Court in which such sum as may be needed for its continued
such action is brought may assess against such implementation shall be included in the annual
person a penalty in any amount not to exceed General Appropriations Act.
twenty-five thousand pesos (P25,000). If
another sanction hereunder or under any other Section 15. Separability Clause. - If any
law is heavier, the latter shall apply. provision of this Act or the application of such
provision to any person or circumstance is
Section 12. Promulgation of Rules and declared invalid, the remainder of the Act or
Regulations, Administration and Enforcement the application of such provision to other
of this Act. - The Civil Service Commission persons or circumstances shall not be affected
shall have the primary responsibility for the by such declaration.
administration and enforcement of this Act. It
shall transmit all cases for prosecution arising Section 16. Repealing Clause. - All laws,
from violations of this Act to the proper decrees and orders or parts thereof inconsistent
authorities for appropriate action: Provided, herewith, are deemed repealed or modified
however, That it may institute such accordingly, unless the same provide for a
administrative actions and disciplinary heavier penalty.
measures as may be warranted in accordance
with law. Nothing in this provision shall be Section 17. Effectivity. - This Act shall take
construed as a deprivation of the right of each effect after thirty (30) days following the
House of Congress to discipline its Members completion of its publication in the Official
for disorderly behavior. Gazette or in two (2) national newspapers of
general circulation.
The Civil Service Commission is hereby
authorized to promulgate rules and regulations Approved, February 20, 1989.
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