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
 Code of Conduct and Ethical
Standards for Public Officials and
Employees

•Approved on February 20, 1989

• Took effect on March 25, 1989

Coverage

“All officials and employees in the government, elective and

appointive, 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.”
Republic Act No. 6713 deals on the following:

•Norms of Conduct of Public Officials and

Employees
•Duties of Public Officials and Employees
•Prohibited Acts and Transactions
•Statements and Disclosure
•Divestment, and
•Penalties
Norms of Conduct of
Public Officials and
Employees
(Section 4, RA 6713)
1. COMMITMENT TO PUBLIC INTEREST

•Uphold public interest

over and above personal
interest
•Use government
resources and powers
efficiently, effectively,
honestly and economically
2. PROFESSIONALISM

•Performs duties and

responsibilities with the highest
degree of:
•Excellence
•Professionalism
•Intelligence and
•Skill
3. JUSTNESS AND SINCERITY
•Remain true to the people at
all times
•Act with justness and sincerity
•Shall not discriminate against
anyone
•Respect the rights of others
•Refrain from doing acts
contrary to law, good morals,
good customs, public policy,
public order, public safety and
public interest
4. POLITICAL NEUTRALITY

•Provide service to anyone without

unfair discrimination and
regardless of party affiliation or
preference
5. RESPONSIVENESS TO THE PUBLIC

•Extend prompt, courteous

and adequate service
•Provide information in clear
and understandable
language
•Openness of information
•Public consultations and
hearings
Continuation….

•Encourage suggestions
•Simplify and systematize policy,
rules and procedures
•Avoid Red Tape
6. NATIONALISM AND
PATRIOTISM

•Be loyal to the Republic and to

the Filipino People

•Promote the use of locally

produced goods, resources and
technology

•Encourage appreciation and

pride of country and people
7. COMMITMENT TO
DEMOCRACY
•Commit to the democratic way
of life and values
•Maintain the principle of public
accountability
•Manifest by deeds the
supremacy of civilian authority
over the military
•Uphold the Constitution and
put loyalty to country above
loyalty to persons or party
8. SIMPLE LIVING

•Lead modest lives

appropriate to position
and income

•Shall NOT indulge in

extravagant and
ostentatious display of
wealth
Duties of Public Officials
and Employees
(Section 5, RA 6713)
 Duties of Public Officials and Employees

1. Duty to act promptly on letters and

requests within 15 days from receipt
thereof;

2. Duty to submit annual performance

reports within forty five (45) working days
from the end of the year.
3. Duty to process documents and papers
expeditiously and promptly - within
reasonable time from date of preparation

4. Duty to act immediately on public

personal transactions – attend to anyone to
wants to avail of the services of the office

5. Duty to make documents accessible to

the public - to provide official information,
records and documents within reasonable
working hours.
 Exception to the Rules
Access to official records, papers, etc.
are subject to limitations as may be provided
by law such as those affecting national
security, state secrets of military, diplomatic
and similar matters or by the nature of the
information sought;
a. Being of public concern or one that involves
public interest,
b. Not being exempt by law from the operation
of the constitutional guarantee.
Duty to make Statement of
Assets and Liabilities
(Section 8, RA 6713)
 All public officials and employees,
except those who serve in an honorary
capacity, laborers and casuals or
temporary workers, shall file under oath
their Statement of Assets, Liabilities and
Financial Connections and those of their
spouses and unmarried children under 18
years of age.
 Shall identify and disclose his/her
relatives in the Government.
 Statements filed shall be made
available for inspection at reasonable
hours.
 Shall be unlawful for any person to
obtain or use any statement for:
a. any purpose contrary to morals
or public policy; or
b. any commercial purpose other
than by news & communications media
for dissemination to the general public.
Duty to make Divestment
(Section 9, RA 6713)

 A public official or employee,

shall avoid conflict of interest.
- shall resign from his position in any private
business enterprise within 30 days from
assumption of office and/or divest himself of
his shareholdings or interest within 60 days
from such assumption
Duty of Public Prosecutor
- Is a quasi-judicial officer, a representative of
sovereignty whose obligation is to govern
impartially and whose interest is not to win a
case but that justice shall be done
- Two-fold aim: guilt shall not escape or
innocence suffer
- Should prosecute with earnestness and vigor
- Should NOT offer illegally seized or acquired
evidence or suppress facts or conceal witness or
consent to undue delay in prosecution action
- Should NOT hesitate to recommend for the
accused’s acquittal if the evidence in his
possession shows that the accused is innocent.
Conduct Required of Government Lawyers
(Code of Professional Responsibility and
Code of Judicial Conduct)

- Canons shall apply to lawyers in the

government service in the discharge of
their official tasks
 PROHIBITED ACTS & TRANSACTIONS
Section 7, RA 6713
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 & other
activities related thereto

1. Public officials and employees

during their incumbency shall not own,
control or 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. Public officials and employees
shall not 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.
 3. Public officials and employees shall
not recommend any person to any
position in a private enterprise which has
a regular or pending transaction with
their office.
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 shall not make
them available to the public, either to
(1)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.
Continuation….

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 Philippines
(such as allowances, transportation, food and lodging) of more than
nominal value if such acceptance is appropriate or consistent with
the interest of the Philippines, and permitted by the head of office,
branch or agency to which he belongs.
 Constitutional prohibitions
Section 14, Article VI, Constitution
No Senator or member of the House of Representatives
may personally appear as counsel before any court of
justice or before the Electoral Tribunals, or quasi-judicial
and other administrative bodies. Neither shall he, directly
or indirectly, be interested financially in any contract with,
or in any franchise or special privilege granted by the
Government, or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He
shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be
called upon to act on account of his office.
 Constitutional prohibitions
Section 13, Article VII, Constitution
They (the President, Vice-President, the Members of
the Cabinet, and their deputies or assistants) shall not,
during said tenure, directly or indirectly practice any
profession, participate in any business, or be financially
interested in any contract with, or in any franchise, or
special privilege granted by the Government or any
subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations
or their subdivisions. They shall avoid conflict of
interest in the conduct of their office.
Continuation….

Section 13, Article VII, Constitution

The spouse and relatives by consanguinity or
affinity within the fourth civil degree of the
President shall not during his tenure be appointed
as members of the Constitutional Commissions, or
the Office of the Ombudsman, or as Secretaries,
Undersecretaries, Chairman or heads of Bureaus or
offices, including government-owned or controlled
corporations and their subsidiaries.
 Constitutional prohibitions
Section 2, Article IX-A, Constitution
No member of a Constitutional Commission shall,
during his tenure, hold any other office or employment.
Neither shall he engage in the practice of any
profession or in the active management or control of
any business which in any way may be affected by the
functions of his office, nor shall he be financially
interested, directly or indirectly, in any contract with, or
in any franchise or privilege granted by the
Government, any of its subsidiaries, agencies or
instrumentalities, including government-owned or
controlled corporations and their subsidiaries.
 Prohibition against partisan political
activities
Section 2 (4), Article IX-B, Constitution
No officer or employee in the civil service shall engage, directly
or indirectly, in any electioneering or partisan political
activity.
Section 261 (i), Article XXII, Batas Pambansa Blg. 881
(i) Intervention of public officers and employees. - Any officer or
employee in the civil service, except those holding political offices;
any officer, employee, or member or the Armed Forces of the
Philippines, or any police force, special forces, home defense forces,
barangay self-defense units and all other para-military units that
now exist or which may hereafter be organized who, directly or
indirectly, intervenes in any election campaign or engages in any
partisan political activity, except to vote or to preserve public
order, if he is a peace officer.
Prohibition against engaging in strike

• CSC Memorandum Circular No. 6 dated

21 April 1987
prohibits strikes, demonstrations, mass leaves, walk-outs and other forms
of mass actions which will result in temporary stoppage or disruption of
public services, by government employees under pain of administrative
sanctions.
Prohibition against holding two or more positions
• Section 13, Article VII, Constitution
• Section 13, Article VI, Constitution

No Senator or member of the House of

Representatives may hold any other office or
employment in the Government, or any
subdivision, agency, or instrumentality thereof,
including government-owned or controlled
corporations or their subsidiaries, during his
term without forfeiting his seat.
Prohibition against holding two or more positions
• Section 7, Article IX-B, Constitution
No elective official shall be eligible for appointment or
designation in any capacity to any public office or position
during his tenure.
Unless otherwise allowed by law or by the primary
functions of his position, 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 or their
subsidiaries.
Prohibition against holding two or more positions
• Section 5 (4), Article XVI, Constitution
No member of the armed forces in the active service
shall, at any time, be appointed or designated in any
capacity to a civilian position in the Government including
government-owned or controlled corporations or their
subsidiaries.
Prohibition against holding two or more positions

Ex-officio - from office, by virtue of office

- refers to an authority derived from official character
merely, not expressly conferred upon the individual
character, but rather annexed to the official position.
- an act done in an official character, or as a
consequence of office, and without any other
appointment of authority than that conferred by the
office.
- no right to receive additional compensation for his
services in the said position as it is already paid for and
covered by the compensation attached to his principal
office.
 Restriction against engaging in the
practice of law
General rule: appointment or election of an
attorney to a government office disqualifies him
from engaging in the private practice of law.
• Section 1 , Article XI, Constitution
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 an lead
modest lives.
Prohibition against practice of other professions
Section 90, Local Government Code (RA 7160)
- Practice of Profession
a. All governors, city & municipal mayors are prohibited from
practicing their profession or engaging in any occupation
other than the exercise of their functions as local chief
executives.
b. Sanggunian members may practice their profession,
engage in any occupation, or teach in schools except during
session hours.
c. Doctors of medicine may practice their profession even
during official hours of work only on occasions of emergency:
provided, that the official concerned do not derive monetary
compensation therefrom.
 Restriction against using public office to
promote private interest
• Section 7 (b), RA 6713
• Section 2, RA 6713
It is a 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.
Restriction against engaging in private
business

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 the
department or agency.
 Restriction against accepting certain
employment
• Section 7 (b), RA 6713
These prohibition shall continue to apply for a period of one (1) year
after resignation, retirement, or separation from public office, except in the
case of sub para 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.
Thank You !!

GROUP 2