EXECUTIVE ORDER NO. 317
EXECUTIVE ORDER NO. 317 -
PRESCRIBING A CODE OF CONDUCT FOR RELATIVES AND CLOSE PERSONAL
RELATIONS OF THE PRESIDENT, VICE PRESIDENT AND MEMBERS OF THE CABINET
WHEREAS,
the President, Vice President and Members of the Cabinet are duty bound
to follow the highest standard of ethics in public service.
WHEREAS, the duty of the President, Vice President and Members of the
Cabinet extends also to those related to them by consanguinity,
affinity, intimacy or close personal relations, who must conduct
themselves in a manner which would not cast doubt on the integrity and
impartiality of the President, Vice President and Members of the
Cabinet.
WHEREAS, there is a need to remove whatever public perception that
relatives and close personal relations of the President, Vice President
and Members of the Cabinet are or may be taking undue advantage of such
relationship to obtain unwarranted advantage and benefits from the
government.
WHEREAS, even without deliberately capitalizing, exploiting or taking
advantage of their family or close personal relations with the
President, Vice President and Members of the Cabinet in engaging in
certain transactions, the proximity of relatives and close personal
relations to the President, Vice President and Members of the Cabinet
may create a wrong perception that such relations are or have been
abused by them.
WHEREAS, there is a need to lay down a Code of Conduct for relatives
and close personal relations of the President, Vice President and
Members of the Cabinet to ensure that existing laws in place cannot and
will not be circumvented and that undue influence will not be exerted
nor undue advantage taken by these people as a result of their
closeness with the President, Vice President and Members of the Cabinet.
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, hereby
direct and order, as follows:
Section 1. Definition of Terms. — As used in this
Executive Order, the term:
(a)
“Relative” refers to any and all persons related to the President, Vice
President and Members of the Cabinet within the fourth civil degree of
consanguinity or affinity, and shall include any offspring of the
President, Vice President and Members of the Cabinet and the parent of
such offspring, as well as those related to the latter within the
fourth civil degree of consanguinity or affinity.
(b) “Close
Personal Relation” shall mean any person enjoying close association or
intimacy with the President, Vice President and Members of the Cabinet,
which insures easy access to his person such as political contributors,
personal friends of long standing, and former schoolmates of the
President, Vice President and Members of the Cabinet.
(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 the
President, Vice President, Members of the Cabinet or any other public
official or employee.
(d)
“Government” includes the national government, the local governments,
the government-owned and government-controlled corporations, and all
other instrumentalities or agencies of the Republic of the Philippines
and their branches.
(e) “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.
(f) “Loan”
covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.
(g) “Person”
includes natural and juridical persons unless the context indicates
otherwise.
(h) “Public
Official” 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.
Sec. 2. Prohibited Acts and Transactions. — In
addition to acts and omissions of presidential Relatives provided in
the Constitution and existing laws, the following shall constitute
prohibited acts and transactions by a Relative or a Close Personal
Relation:
(a)
Solicitation and acceptance, directly or indirectly, of any funds,
gift, gratuity, favor, entertainment, loan or anything of monetary
value for any purpose from any person or corporation;
(b)
Persuading, inducing or influencing another public official to perform
an act constituting a violation of rules and regulations duly
promulgated by competent authority or an offense in connection with the
official duties of the latter;
(c) Directly
or indirectly engaging in transactions with Government, particularly
government financial institutions (“GFIs”), including securing any loan
or accommodation from such GFIs;
(d) Exerting
undue influence, directly or indirectly, on the outcome public biddings
for government contracts;
(e) Directly
or indirectly having financial or pecuniary interest in any business,
contract or transaction with the Government.
(f) Using the
name of the President, Vice President or Members of the Cabinet,
directly or through another person not related to the President, Vice
President and Members of the Cabinet, in order to obtain any contract,
favor or other benefit from the government.
Sec. 3. Simple Living. — Relatives and Close
Personal Relations shall lead modest lives appropriate to their
positions and income. They shall not indulge in extravagant and
ostentatious display of wealth in any form.
Sec. 4. Prohibition on Government Financial
Institutions. — GFIs are prohibited from increasing its equity or
investing its funds for purposes of conferring a seat as director to a
Relative or Close Personal Relation by means of increasing capital or
equity or though any other means.
Sec. 5. Lawful Exercise of Profession. — Nothing
in this Executive Order shall cover lawful acts of persons considered
as a Relative or Close Personal Relation who have been engaged in the
traditional, established, and lawful exercise of their profession,
business or trade.
Sec. 6. Penalties for Violations. — In addition to
the criminal liabilities provided for by existing laws should any act
defined herein fall within the definition of such laws, all agreements,
contracts, and any other transaction entered into with the Government
in violation of any prohibition herein shall be deemed void and of no
effect. Any government official or employee who shall tolerate or
conspire with any Relative or Close Personal Relation in violation of
this Executive Order shall be subject to suspension or removal from
office as may be determined by the President and following an
investigation of such violation.
Sec. 7. Effectivity. — This Order shall take
effect immediately.
Done in the City of Manila,
this 9th day of November, 2000.
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