Norms and conduct of public officials and EEs

(1)Public office is a public trust

(2)Standards of personal conduct
a) Commitment to public interest
Over personal interest
b) Professionalism
Highest degree of excellence
X dispensers or peddlers of undue
patronage
c) Justness and sincerity
Not discriminate anyone
Not dispense or extend undue favors on
account of their office to their relatives
d) Political neutrality
Service to anyone regardless of
discrimination
e) Responsiveness to the public
- Information on their policies and
procedures in clear and
understandable language
f) Nationalism and patriotism
g) Commitment to democracy
- Uphold the constitution
- Civilian authority over military
h) Simple living
- Modest lives

Standard of living within the public

officials or EEs visible means of
income

(3)Duties of CSC
- Positive measures to promote:
(a) Observance of these standards
including dissemination of
information programs and
workshops authorizing merit
increases
(b) Research and experimentation on
measures which provide positive
motivation to public officials in
raising the level of observance of
these standards
System of incentives and rewards
1. Criteria
a) Years of service
b) Quality and consistency of performance
c) Obscurity of position
d) Level of salary
e) Unique and exemplary quality of
achievement
f) Risk or temptation inherent in the work
g) Any similar circumstances or consideration in
favor of awardee
2. Form of incentives and awards
a) Bonuses
b) Citations
c) Directorship
d) Local and foreign scholarship grant
e) Paid vacation
f) Automatic promotion to next higher position

3. Committee on Awards
a) Periodic continuing review
b) System of annual incentives and
rewards
c) Form of rewards
d) Guidelines for evaluating nominees
4. Secretariat
- CSC provides secretariat services to
the Committee on Awards
Duties of public officers as trustees for the public
1. In general
- Duty to give life or to risk permanent
disablement when necessary for
safety and happiness of human society

e) Duties in choice and supervision of

subordinates

2. Ethical duties
a) Duty as to outside activities
- To refrain from outside activities w/c
could interfere w/ the proper discharge
of their duties
b) Duty where personal interest is involved
c) Duty to act with civility

a) Duty to obey law

(x) belligerent behavior
b) Duty to accept and continue in office
- Mandamus may be invoked to compel
acceptance of public office (public has
the right to command services of the
citizen)
c) Duty to accept burden of office
Cum onere: accept office with its burden and
benefits
d) Duty as to diligence and care
- Public funds and property for official
use and purposes shall be utilized with
the diligence of a good father of a
family

Duty to make financial disclosure

Public disclosure of SALN:
- President
- VP
- Cabinet members
- Congress
- SC
- ConComm
- Other constitutional offices
- Officers of armed forces
Specific duties of public officials and EEs
1. Act promptly to letters and requests

Within 15 working days from receipt

thereof

2. Submit annual performance reports

- Full and complete report within 45
working days from the end of the year
3. Process documents and papers
expeditiously
- Reasonable time
- Not more than 3 signatories therein
4. Act immediately on the publics personal
transactions
- Mechanism to avoid long queues
Public Disclosure of SALN
- All public officials and EEs
- Submit declarations under oath of
their assets, liabilities and networth
- That of their spouses
- That of their unmarried children under
18 still living with them

2. Identification and disclosure of relatives

- Up to the 4th civil degree of
consanguinity and affinity
3. Accessibility of docs
- Available for reproduction and copying
after 10 working days from the time
they are filed as required by law
- Available to the public for 10 years
after receipt of statement
4. Prohibited acts
Use statement for:
(1) Any purpose contrary to morals or public policy
(2) Any commercial purpose other than news and
communications media for dissemination to
general public
5. Authority/responsibility of certain officials
- To determine whether statements
have been properly accomplished
6. Review and compliance procedures
- In filing SALN
7. Basis to monitor lifestyle of government officials

1. SALN
(a) Contents
(b) When to file
(c) Where to file
(d) Authority in favor of Ombudsman
- Within 30 days from assumption of
office
- Authority to obtain from all
appropriate government agencies
including BIR documents to show
assets etc

LECTURE NOTES (9/8/2016)

Samson vs Restrivera
Ombudsman has the power to investigate public
officials even for acts not related to his work (any act
or omission which is illegal)
What is conduct unbecoming of a public official?

Improper performance and applies to a broader

range of transgressions of rules not only of social
behavior but of ethical practice or logical
procedure or prescribed method (Samson case)
>> MEMORIZE

Morfe vs Mutuc
- Good law
- Right to Privacy is a constitutional right
= totality of constitutional rights create a zone of
privacy
- Issues:

(1) Violation of due process

(2) Excessive exercise of police power
(3) Distinction between private and public sector
(4) Self-incrimination
(5) Wisdom
PAFC vs Pleyto
- Review committee not tasked to check
every detail
Memorize seven XPNS to public information