Republic Act No. 6713: Dr. Melba B. Sullivan

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INTRODUCTION

CODE OF CONDUCT AND


ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND
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EMPLOYEES
REPUBLIC ACT NO. 6713
DR. MELBA B. SULLIVAN
PHALTRA Adviser &
REGATA 6 CEO & Training Director
Head, Iloilo Extension Center Graduate
School, Guimaras State College
RULE I : COVERAGE

Government officials/employees
─ elective and appointive
─ permanent or temporary
─ career or non-career service
─ including military and police
personnel
─ with or without compensation,
regardless of the amount

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RULE II : INTERPRETATION
SECTION 2, RA 6713 – The state
shall:

 promote a high standard of


ethics in public service

 Public officials - accountable


to the people at all times
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Public Officials – discharge duties
with utmost responsibility, integrity,
competence and loyalty

 act with patriotism and justice

 lead modest lives

 uphold public interest over


personal interest”
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RESPONSIBILITIES OF EVERY
DEPARTMENT OFFICE
AND AGENCY
 gather FEEDBACK and
suggestions to promote
EFFICIENCY, EFFECTIVENESS
and ECONOMY of services

 conduct PUBLIC CONSULTATION


and HEARINGS
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 CONDUCT RESEARCH and
experimentation to raise level
of public service ethical
standards

 adopt INNOVATIVE PROGRAMS


to motivate officials and
employees
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 appoint or designate a Resident
Ombudsman to act on requests
for public assistance who shall
be held accountable for the
disposition of these requests.
 Government officials shall make
themselves available to their
staff for consultation and
dialogues.
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RULE IV
TRANSPARENCY OF TRANSACTION
AND ACCESS TO INFORMATION
The State/Government offices shall:
 implement a POLICY OF FULL
PUBLIC DISCLOSURE of all
transactions involving public
interest.
 establish measures and standards
to ensure transparency of public
transactions i.e. purchases, etc.
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 Establish INFORMATION SYSTEM
informing the public of:

(a) policies, rules, and procedures;


(b) work programs, projects, and
performance targets;
(c) performance reports; and
(d) public information documents

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 The INFORMATION SYSTEM shall
inform public of government’s
policies, programs, and
accomplishments and not of an
individual official
 Government offices shall provide
requesting public of official
information records or
documents, EXCEPT:
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1.Must be kept secret in the interest of
NATIONAL DEFENSE OR SECURITY
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or the conduct of FOREIGN AFFAIRS;


2. Such disclosure would PUT THE
LIFE AND SAFETY OF AN
INDIVIDUAL IN IMMINENT
DANGER;
3. FALLS within the concepts of
ESTABLISHED PRIVILEGE OR
RECOGNIZED EXCEPTIONS as
provided by law
4. “DRAFTS” of decisions, orders,
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rulings, policy decisions,
memorandum, etc;
5. Information which would invade
PERSONAL PRIVACY;

6. INVESTIGATORY RECORDS for law


enforcement purposes containing
records that:
a. interfere with enforcement
proceedings
b. deprive a person of a right to a
fair trial
c. disclose the identity of a
confidential source
7. Premature disclosure of info which
endangering stability of
currencies, securities,commodities,
or financial institution
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RULE V provides the granting of
rewards and incentives for
officials/employees with
EXEMPLARY SERVICE and
observance of NORMS OF
CONDUCT:
1. COMMITMENT TO PUBLIC INTEREST
2. PROFESSIONALISM
3. JUSTNESS AND SINCERITY
4. POLITICAL NEUTRALITY
5. RESPONSIVENESS TO THE PUBLIC
6. NATIONALISM AND PATRIOTISM
7. COMMITMENT TO DEMOCRACY
8. SIMPLE LIVING

Forms of Incentives and


Rewards As Determined by the
Committee on Awards:
1. Bonuses; or
2. Citations; or
3. Directorships in GOCCs; or

4. Local and foreign scholarship


grants; or

5. Paid vacations; and

6. Automatic promotion to the


next higher positions
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To AVOID LONG QUEUES:

Written requests, petitions or


motions must be acted within
FIFTEEN (15) WORKING DAYS from
receipt and processing shall be done
within REASONABLE TIME.

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 Action/decision must pass not
more than three (3) initials or
signatures;

 Signatures must follow rules on


the proper authority to sign in
the absence of the regular
signatory.
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RULE VII provides on
PUBLIC DISCLOSURE where
every official and employee are required
to file their STATEMENT OF ASSETS,
LIABILITIES AND NET WORTH

 SALN must be filed WITHIN


THIRTY (30) DAYS after assumption
of office – reckoned as of the 1st day
of service.
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2. On or before April 30 of every
year thereafter, reckoned as of the
end of the preceding year; or
3. Within thirty (30) days after
separation from the service,
reckoned as of his last day of office.

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When to file:
Filed by the following to:
President, Vice-President and
Constitutional Officials – National
Office of the Ombudsman

Senators and Congressman –


Secretaries of the Senate and the
House of Representatives;

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Justices- Clerk of Court of the Supreme
Court ;
• Judges with the Court of
Administrator ; and
• National executive officials i.e
Cabinet members, Usec and Asst. Sec.,
including foreign service and heads of
GOCCs w/ original charters and their
subsidiaries and state colleges and
universities – Office of the President;
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3. Regional and local officials and
employees, both appointive and
elective, including other officials
and employees of government-
owned or controlled corporations
and their subsidiaries and state
colleges and universities- Deputy
Ombudsman in their respective
regions;
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3. Officers of the Armed Forces from
the rank of Colonel or Naval
Captain – Office of the President
and those below said rank –
Deputy Ombudsman in their
respective regions;
4. All other officials and employees –
Civil Service Commission
Copy of said statement - filed with
respective departments/offices
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Execute, within thirty (30) days
from date of assumption of office,
the authority for the Ombudsman
to obtain, from all government
agencies their assets, liabilities, net
worth, and also their business
interests, and financial connection in
previous years.

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File the new form on or before April
30, 1990, and every year thereafter.

Married couples who are both


public officials or employees may file
the required statement jointly or
separately.

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•Identify and disclose under oath his
relative in the government, up to the
fourth civil degree of relationship,
either of consanguinity or affinity,
including bilas, inso, and balae.

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RULE VI
DUTIES OF PUBLIC OFFICIAL
AND EMPLOYEES
Without discrimination, a request or
petition, whether written or verbal,
shall be acted promptly ,
expeditiously by the official or
employee in charge within fifteen
(15) days from receipt
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RULE IX
CONFLICT OF INTEREST AND
DIVESTMENT
Section 1.

(a) Official or Employee shall avoid


conflict of interest at all times
(b) Conflict of Interest occurs:
1. When the official or employee is:
a) a substantial stockholder; or
b) a member of the Board of Directors;
c) an officer of the corporation; or
d. an owner or has substantial
interest in a business; or
e. a partner in a partnership ; and
2. The interest of such corporation or
business are opposed to or affected by
performance of official duty.
SECTION 2.

(a). When a conflict of interest arises


, the official or employee involved shall
resign from his position in any private
business enterprise within thirty (30)
days from his assumption of office

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 DIVEST himself of his share-
holdings interest within sixty (60)
days from assumption.

Divestment shall be to a person or


persons other than his spouses and
relatives within the fourth civil
degree of consanguinity or affinity.
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RULE X
GROUNDS FOR
ADMINISTRATIVE
DISCIPLINARY ACTION
• directly or indirectly having
financial or materials interest in
any transaction requiring the
approval of his office.
• Financial and material interest -
pecuniary or proprietary interest by
which a person will gain or lose
something

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• Owning, controlling, managing or
accepting employment as officer,
employee, consultant, counsel,
broker, agent, trustee, or nominee
in any private enterprise regulated,
supervised or licensed by his
office, unless expressly allowed by
law;
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• Engaging in the private practice of
his profession, provided that such
practice will not conflict his official
functions;

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• Recommending any person to
any position in a private
enterprise which has a pending
official transaction with his office,
unless such referral is mandated by
(1) law, or (2) international
agreements, commitments and
obligation, or as part of the
functions of his office.
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• Ground for administrative
disciplinary action upon re-entry to
the government service

• Disclosing or misusing
confidential or classified
information

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• Soliciting or accepting, directly or
indirectly, any gift, gratuity, favor,
entertainment, loan or anything of
monetary value A thing of monetary
value is one which is evidently or
manifest excessive by its very
nature.

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GIFT - refers to a thing or a
right disposed of gratuitously,
or any act of liberality, in favor
or another who accepts it, and
shall include a simulated sale or
an ostensibly onerous disposition
thereof.

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Loan - covers simple loan and
financing arrangement or
accommodation intended to ensure
its approval.

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Commodatum - contract whereby one
of the parties delivers to another
something not consumable so that the
latter may use the same for certain time
and return it.

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This prohibition shall not include:

1. Unsolicited gift of nominal or


insignificant value not given in
anticipation of, or in exchange for, a
favor from a public official or
employee or given after the
transaction is completed, or
service is rendered.
This prohibition shall not include:

2. gift from a member of his family or


relative without any expectation of
pecuniary gain or benefit.
3. Nominal donations from persons
with no regular, pending, or
expected transactions with the
department, office or agency
without any expectation of
pecuniary gain or benefits.

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4. Donations coming from private
or organizations whether local
or foreign, are considered and
accepted as humanitarian in
purpose and mission

5. Donations from government to


government entities;

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RULE XI
PENALTIES
Punished with a fine not
exceeding the equivalent of six (6
months) salary or suspension not
exceeding one (1) year, or removal
depending on the gravity of the
offense
Violations Code shall be punishable
with imprisonment not exceeding
five (5) years, or a fine not exceeding
five thousand ( P5,000) or both, and,
in the discretion of the court of
competent jurisdiction, disqualification
to hold public office.

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Any violation hereof proven in a
proper administration proceeding
shall be sufficient cause for removal
or dismissal of an official
employee, even if no criminal
prosecution is instituted against him.

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• Administrative proceeding for
violation of these Rules shall be in
accordance with the Civil Service
Law and Rules.

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RULE XII
FREE VOLUNTARY SERVICE

FREE VOLUNTARY SERVICE refers to


services rendered by persons who
are in government without pay or
compensation

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