Atty. Cherry Jane R.

RA 6713 KNOWN AS Ragodon-Domino

THE CODE OF -Former Legal Officer of
ETHICAL STANDARDS
DepEd SDO Albay
FOR PUBLIC
OFFICIALS AND
EMPLOYEES
 Let us determine
Q AND A what you know
about RA 6713.
TRUE OR FALSE
TRUE
PUBLIC OFFICE
IS A PUBLIC
TRUST.
 elective and appointive
officials and employees,
permanent or temporary,
WHO ARE whether in the career or non-
CONSIDERED career service, including
military and police personnel,
AS PUBLIC whether or not they receive
OFFICIALS? compensation, regardless of
amount.
 TRUE OR FALSE
FALSE
YOU ARE NOT
REQUIRED TO
SUBMIT YOUR SALN.
 TRUE OR FALSE
TRUE
PUBLIC OFFICIALS AND
EMPLOYEES SHALL ALWAYS
UPHOLD THE PUBLIC
INTEREST OVER AND ABOVE
PERSONAL INTEREST.
 TRUE OR FALSE

YOU CAN ACCEPT GIFT

FALSE
AS AN EXCHANGE FOR A
FAVOR LIKE FOR
IMMEDIATE PROCESSING
OF A CLAIM.
 TRUE OR FALSE
TRUE
YOU CAN BE DISMISSED
FROM GOVERNMENT
SERVICE FOR
VIOLATING RA 6713.
 TRUE OR FALSE

YOU SHOULD ACT ON FALSE

REQUEST INVOLVING
SIMPLE TRANSACTIONS
AFTER 30 DAYS FROM
RECEIPT OF THE CLIENT’S
REQUEST.
ARE YOUR YES OR NO
ANSWERS
CORRECT?
CONSTITUTIONAL PROVISION

ARTICLE XI
Accountability of Public Officers

SECTION 1. 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, and lead modest lives.
 RA NO. 6713
DECLARATION OF POLICIES
It is the 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. (Sec. 2)
 RA NO. 6713
DEFINITION OF TERMS (Sec.3)
(a) "Government" includes the National Government,
the local governments, and all other instrumentalities,
agencies or branches of the Republic of the Philippines
including government-owned or controlled corporations,
and their subsidiaries.
 RA NO. 6713
DEFINITION OF TERMS (Sec.3)
(b) "Public Officials" includes elective and appointive
officials and employees, 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.
 RA NO. 6713
DEFINITION OF TERMS (Sec.3)
(c) "Gift" refers to a thing or a right to dispose of
gratuitously, or any act or liberality, in favor of another
who accepts it, and shall include a simulated sale or an
ostensibly onerous disposition thereof. 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.
 RA NO. 6713
DEFINITION OF TERMS (Sec.3)
(d) "Receiving any gift" includes the act of accepting directly
or indirectly, a gift from a person other than a member of his
family or relative as defined in this Act, even on the occasion
of a family celebration or national festivity like Christmas, if
the value of the gift is neither nominal nor insignificant, or
the gift is given in anticipation of, or in exchange for, a favor.
 RA NO. 6713
DEFINITION OF TERMS (Sec.3)
(e) "Loan" covers both simple loan and commodatum as well
as guarantees, financing arrangements or accommodations
intended to ensure its approval.
(f) "Substantial stockholder" means any person who owns,
directly or indirectly, shares of stock sufficient to elect a
director of a corporation. This term shall also apply to the
parties to a voting trust.
 RA NO. 6713
DEFINITION OF TERMS (Sec.3)
(g) "Family of public officials or employees" means their
spouses and unmarried children under eighteen (18) years
of age.

(h) "Person" includes natural and juridical persons unless

the context indicates otherwise.
 RA NO. 6713
DEFINITION OF TERMS (Sec.3)
(i) "Conflict of interest" arises when a public official or
employee is a member of a board, an officer, or a
substantial stockholder of a private corporation or owner
or has a substantial interest in a business, and the interest
of such corporation or business, or his rights or duties
therein, may be opposed to or affected by the faithful
performance of official duty.
 RA NO. 6713

DEFINITION OF TERMS (Sec.3)

(j) "Divestment" is the transfer of title or disposal of
interest in property by voluntarily, completely and
actually depriving or dispossessing oneself of his right or
title to it in favor of a person or persons other than his
spouse and relatives as defined in this Act.
 RA NO. 6713

DEFINITION OF TERMS (Sec.3)

(k) "Relatives" refers to any and all persons related to a
public official or employee within the fourth civil degree
of consanguinity or affinity, including bilas, inso and
balae.
Norms of Conduct of Public Officials and Employees
(Sec.4)
 a. Commitment to public interest
 b. Professionalism
 c. Justness and sincerity
 d. Political Neutrality
 e. Responsiveness to the public
 f. Nationalism and Patriotism
 g. Commitment to democracy
 h. Simple Living
 Commitment to public interest
A NO. 6713

 Public officials and employees shall always uphold the

public interest over and above personal interest. 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.
 Professionalism

 Public officials and employees shall perform and

discharge their duties with the highest degree of excellence,
professionalism, intelligence and skill. 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.
  JUSTNESS AND SINCERITY

Public officials and employees shall remain true to the people at

all times. 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.
  JUSTNESS AND SINCERITY

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.
  POLITICAL NEUTRALITY

Public officials and employees shall provide service to

everyone without unfair discrimination and regardless of
party affiliation or preference.
  RESPONSIVENESS TO THE PUBLIC

Public officials and employees shall extend prompt,

courteous, and adequate service to the public. They shall
provide information of their policies and procedures in
clear and understandable language, ensure openness of
information, simplify and systematize policy, rules and
procedures.
  NATIONALISM AND PATRIOTISM

Public officials and employees shall at all times be loyal to

the Republic and to the Filipino people, promote the use of
locally produced goods, resources and technology and
encourage appreciation and pride of country and people.
They shall endeavor to maintain and defend Philippine
sovereignty against foreign intrusion.
  COMMITMENT TO DEMOCRACY

Public officials and employees shall commit themselves to

the democratic way of life and values, maintain the principle
of public accountability, and manifest by deeds the supremacy
of civilian authority over the military. They shall at all times
uphold the Constitution and put loyalty to country above
loyalty to persons or party.
  SIMPLE LIVING

Public officials and employees and their families shall lead

modest lives appropriate to their positions and income. They
shall not indulge in extravagant or ostentatious display of
wealth in any form.
 a. ) Act promptly on letters and requests (15
days from receipt) – Correlate with RA 9485
Duties of as amended by RA 11032
Public  3 days – simple transactions
Officials and  7 days – complex transactions
Employees
 20 days or as determined by the
(Sec.5)
government agency - activities which
pose danger to public health, public
safety, public morals, public policy, and
highly technical application
  (b) Submit annual performance reports. 
 (c) Process documents and papers
expeditiously.
Duties of  (d) Act immediately on the public's
Public personal transactions.
Officials  (e) Make documents accessible to the
and public.
Employees  EO No. 2 S. 2016 (FOI) and its
(Sec.5) exceptions
 Data Privacy Act of 2012 (R.A. 10173)
System of Incentives and Rewards (Sec. 6)
A system of annual incentives and rewards is hereby
established in order to motivate and inspire public servants
to uphold the highest standards of ethics. 
 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
System of Incentives and Rewards (Sec. 6)
the risks or temptations inherent in the work Incentives
may be in the form of the ff.:
 Bonuses
 Citations
 Directorships in GOCCs
 Local and foreign scholarship grants
 Paid vacations and the like.
 Automatic Promotion to the next higher position
 (a) Financial and
material interest. - Public
officials and employees
shall not, directly or
indirectly, have any
Prohibited Acts and
financial or material
Transactions (Sec. 7) interest in any transaction
requiring the approval of
their office.
 (b) Outside employment and other
activities related thereto. - Public
officials and employees during their
incumbency shall not:
Prohibited Acts  (1) Own, control, manage or accept
and Transactions employment as officer, employee,
(Sec. 7) consultant, counsel, broker, agent,
trustee or nominee in any private
enterprise regulated, supervised or
licensed by their office unless expressly
allowed by law;
 (2) Engage in the private practice of
their profession unless authorized by
the Constitution or law, provided,
that such practice will not conflict or
Prohibited Acts and tend to conflict with their official
functions; or
Transactions (Sec. 7)
(3) Recommend any person to any
position in a private enterprise which
has a regular or pending official
transaction with their office.
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.
 (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
Prohibited Acts reason of their office and not made
and Transactions available to the public, either:
(Sec. 7)  1) To 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,
Prohibited Acts and entertainment, loan or anything of
Transactions (Sec. monetary value from any person in the
7) 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.
 Statements and Disclosure (Sec. 8)

Public officials and employees have an obligation to

accomplish and submit declarations under oath of, and the
public has the right to know, their assets, liabilities, net
worth and financial and business interests including those of
their spouses and of unmarried children under eighteen (18)
years of age living in their households.
 Contents:
(a) real property, its improvements, acquisition
Statements of costs, assessed value and current fair market
Assets and value;
Liabilities and (b) personal property and acquisition cost;
Financial (c) all other assets such as investments, cash
Disclosure. – on hand or in banks, stocks, bonds, and the
SALN like;
(d) liabilities, and;
(e) all business interests and financial
connections
 (a) within thirty (30) days after assumption
of office;
(b) on or before April 30, of every year
The thereafter; and
documents (c) within thirty (30) days after separation
must be from the service.
filed:
 Husband and wife who are both public
officials or employees may file the
required statements jointly or separately.
(B) Identification and disclosure of relatives. - It
shall be the duty of every public official or
employee to identify and disclose, to the best of
his knowledge and information, his relatives in the
Government in the form, manner and frequency
prescribed by the Civil Service Commission.

(C) Accessibility of documents. - (1) Any and all

statements filed under this Act, shall be made
available for inspection at reasonable hours.
(D) Prohibited acts. - It shall be unlawful for
any person to obtain or use any statement filed
under this Act for:

 (a) any purpose contrary to morals or

public policy; or
 (b) any commercial purpose other than by
news and communications media for
dissemination to the general public.
 Divestment (Sec. 9)

A public official or employee shall avoid conflicts of

interest at all times. When a conflict of interest arises, he
shall resign from his position in any private business
enterprise within thirty (30) days from his assumption of
office and/or divest himself of his shareholdings or interest
within sixty (60) days from such assumption.
The same rule shall apply where the public official or
employee is a partner in a partnership.
Not Applicable to:
 Those who serve the Government in an honorary
capacity nor to laborers and casual or temporary
workers.
  Fine not exceeding the equivalent of six
(6) months' salary or suspension not
exceeding one (1) year.
 Removal depending on the gravity of the
offense.
Penalties
 Due notice and hearing (DUE
(Sec. 11) PROCESS) must be observed.
  If the violation is punishable by a
heavier penalty under another law, he
shall be prosecuted under the latter
statute.
 Violations of Sec. 7, 8, and 9

 imprisonment not exceeding five (5)

Penalties (Sec. years, or a fine not exceeding five
11) thousand pesos (P5,000), or both,
and, in the discretion of the court of
competent jurisdiction,
disqualification to hold public office.
Any violation hereof proven in
a proper administrative
proceeding shall be sufficient
Administrative
cause for removal or dismissal
Aspect
of a public official or employee,
even if no criminal prosecution
is instituted against him.
Private Individuals

Private individuals who participate in conspiracy as co-

principals, accomplices or accessories, with public
officials or employees, in violation of this Act, shall be
subject to the same penal liabilities as the public officials
or employees and shall be tried jointly with them.
Violation of Sec. 8(D)

The official or employee concerned may bring an

action against any person who obtains or uses a report
for any purpose prohibited by Section 8 (D) of this
Act. 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 (P25,000). If
another sanction hereunder or under any other law is
heavier, the latter shall apply.
 JURISPRUDENCE
OFFICE OF THE OMBUDSMAN, v. FLORENTINA
SANTOS, [G.R. NO. 166116 : March 31, 2006]

violation of Sec. 4 (c) of Republic Act No. (R.A.) 67131 and grave misconduct, and
penalizing her with dismissal from the service with forfeiture of benefits equivalent to
twelve (12) months salary and temporary disqualification for re-employment in the
government service for one (1) year.
Principal of Lagro Elementary School and President and President of Golden
Child Montessori.
Falsification of DTR, attended an activity in the Montessori while timed-in in Lagro
Elementary School.
PUBLIC OFFICE IS A PUBLIC TRUST.
THANK YOU!