Resigning from a private company is not enough. Divestment for public officials who own substantial shares is mandatory. The conflict of interest is as clear as day. Now, Calida finds shelter in the Code of Conduct and Ethical Standards for Public Officials , saying he had resigned his posts, thus he did not need to divest his substantial shares. It was one of two options offered by the law, he argues, and he had complied with Republic Act
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Section 1. Section 2. Declaration of Policies. 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.
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. This term shall also apply to the parties to a voting trust. Section 4. Norms of Conduct of Public Officials and Employees. 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.
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. 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. 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.
They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party. 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. The reply must contain the action taken on the request. Such report shall be open and available to the public within regular office hours. In the absence of duly authorized signatories, the official next-in-rank or officer in charge shall sign for and in their behalf. Section 6. System of Incentives and Rewards. 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. Section 7. Prohibited Acts and Transactions.
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. 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. 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. B Identification and disclosure of relatives.
C Accessibility of documents. After such period, the statement may be destroyed unless needed in an ongoing investigation. D Prohibited acts. Section 9. 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 Review and Compliance Procedure. 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. 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.
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, , or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office.
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, If another sanction hereunder or under any other law is heavier, the latter shall apply.
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. Provisions for More Stringent Standards. Thereafter, such sum as may be needed for its continued implementation shall be included in the annual General Appropriations Act.
Separability Clause. Repealing Clause. Eighth Congress Republic Act No. Section 3. Definition of Terms. 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 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: 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. 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.
Approved, February 20,
Republic Act No. 6713
Kezilkree P, April 2, and Antonio Arroyo v. He has served as a legal consultant to several legislators and local chief executives. As education assistant secretary, he was instrumental in the passage of the K to 12 law and the issuance of its implementing rules and regulations. Duties of Public Officials and Employees. 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. Eighth Congress Republic Act No. Declaration of Policies.
IRR OF RA 6713 PDF