This page features the
full text of
Republic Act No. 6713Code of Conduct and
Ethical Standards
for Public Officials and Employees.
REPUBLIC
ACT NO. 6713 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
SECTION 1. Title.
— This Act shall be known as the "Code of Conduct and Ethical
Standards
for Public Officials and Employees."
SECTION 2. 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.
SECTION 3. Definition
of Terms. — As used in this Act, the term:
(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.
(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.
(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.
(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.
(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.
(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.
(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. chan robles virtual law library
(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.
(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.
SECTION 4.
Norms of Conduct of Public Officials and Employees. — (A) Every
public
official and employee shall observe the following as standards of
personal
conduct in the discharge and execution of official duties:
(a) Commitment
to public interest. — 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.
(b) 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.chan robles virtual law library
(c) 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. 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.
(d) Political
neutrality. — Public officials and employees shall provide service
to everyone without unfair discrimination and regardless of party
affiliation
or preference.
(e) Responsiveness
to the public. — Public officials and employees shall extend
prompt,
courteous, and adequate service to the public. 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.
(f) 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.
(g) 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.chan robles virtual law library
(h) 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.
(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. — In the performance of their
duties,
all public officials and employees are under obligation to:
(a) Act promptly
on letters and requests. — All public officials and employees
shall,
within fifteen (15) working days from receipt thereof, respond to
letters,
telegrams or other means of communications sent by the public. The
reply
must contain the action taken on the request.
(b) Submit
annual performance reports. — All heads or other responsible
officers
of offices and agencies of the government and of government-owned or
controlled
corporations shall, within forty-five (45) working days from the end of
the year, render a performance report of the agency or office or
corporation
concerned. Such report shall be open and available to the public within
regular office hours.
(c) Process
documents and papers expeditiously. — All official papers and
documents
must be processed and completed within a reasonable time from the
preparation
thereof and must contain, as far as practicable, not more than three
(3)
signatories therein. In the absence of duly authorized signatories, the
official next-in-rank or officer in charge shall sign for and in their
behalf.
(d) Act immediately
on the public's personal transactions. — All public officials and
employees
must attend to anyone who wants to avail himself of the services of
their
offices and must, at all times, act promptly and expeditiously.
(e) Make
documents accessible to the public. — All public documents must be
made accessible to, and readily available for inspection by, the public
within reasonable working hours.
SECTION 6. System
of Incentives and Rewards. — 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. 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. — In addition to acts and omissions of
public
officials and employees now prescribed in the Constitution and existing
laws, the following shall constitute prohibited acts and transactions
of
any public official and employee and are hereby declared to be unlawful:
(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 and other activities related thereto. — Public
officials
and employees during their incumbency shall not:
(1) Own,
control,
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) 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; or
(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 reason of their office and not made
available
to the public, either:
(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.
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 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. — 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.
(A) Statements
of Assets and Liabilities and Financial Disclosure. — All public
officials
and employees, except those who serve in an honorary capacity, laborers
and casual or temporary workers, shall file under oath their Statement
of Assets, Liabilities and Net Worth and a Disclosure of Business
Interests
and Financial Connections and those of their spouses and unmarried
children
under eighteen (18) years of age living in their households.
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.
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.
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.
(3)
Regional
and local officials and employees, with the Deputy Ombudsman in their
respective
regions;
(4)
Officers
of the armed forces from the rank of colonel or naval captain, with the
Office of the President, and those below said ranks, with the Deputy
Ombudsman
in their respective regions; and
(5) All
other
public officials and employees, defined in Republic Act No. 3019, as
amended,
with the Civil Service Commission.
(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.
(2) Such statements
shall be made available for copying or reproduction after ten (10)
working
days from the time they are filed as required by law.
(3) Any person
requesting a copy of a statement shall be required to pay a reasonable
fee to cover the cost of reproduction and mailing of such statement, as
well as the cost of certification.
(4) Any statement
filed under this Act shall be available to the public for a period of
ten
(10) years after receipt of the statement. After such period, the
statement
may be destroyed unless needed in an ongoing investigation.
(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.
SECTION 9. Divestment.
— 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.
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 10.
Review and Compliance Procedure. — (a) The designated Committees
of both Houses of the Congress shall establish procedures for the
review
of statements to determine whether said statements which have been
submitted
on time, are complete, and are in proper form. 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.
(b) In order
to carry out their responsibilities under this Act, the designated
Committees
of both Houses of Congress shall have the power within their respective
jurisdictions, to render any opinion interpreting this Act, in writing,
to persons covered by this Act, subject in each instance to the
approval
by affirmative vote of the majority of the particular House concerned.
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.
(c) The heads
of other offices shall perform the duties stated in subsections (a) and
(b) hereof insofar as their respective offices are concerned, subject
to
the approval of the Secretary of Justice, in the case of the Executive
Department and the Chief Justice of the Supreme Court, in the case of
the
Judicial Department.
SECTION 11.
Penalties. — (a) Any public official or employee, regardless of
whether or not he holds office or employment in a casual, temporary,
holdover,
permanent or regular capacity, committing any violation of this Act
shall
be 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 after due notice and hearing by the
appropriate
body or agency. 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
(P5,000), or both, and, in the discretion of the court of competent
jurisdiction,
disqualification to hold public office.
(b) Any violation
hereof proven in a proper administrative proceeding shall be sufficient
cause for removal or dismissal of a public official or employee, even
if
no criminal prosecution is instituted against him.
(c) 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.
(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.
SECTION 12.
Promulgation of Rules and Regulations, Administration and
Enforcement
of this Act. — The Civil Service Commission shall have the primary
responsibility for the administration and enforcement of this Act. 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.
SECTION 13.
Provisions for More Stringent Standards. — Nothing in this Act
shall
be construed to derogate from any law, or any regulation prescribed by
any body or agency, which provides for more stringent standards for its
official and employees.
SECTION 14.
Appropriations. — The sum necessary for the effective
implementation
of this Act shall be taken from the appropriations of the Civil Service
Commission. Thereafter, such sum as may be needed for its continued
implementation
shall be included in the annual General Appropriations Act.
SECTION 15.
Separability Clause. — If any provision of this Act or the
application
of such provision to any person or circumstance is declared invalid,
the
remainder of the Act or the application of such provision to other
persons
or circumstances shall not be affected by such declaration.
SECTION 16.
Repealing Clause. — All laws, decrees and orders or parts
thereof
inconsistent herewith, are deemed repealed or modified accordingly,
unless
the same provide for a heavier penalty.
SECTION 17.
Effectivity. — This Act shall take effect after thirty (30) days
following the completion of its publication in the Official Gazette or
in two (2) national newspapers of general circulation.
Approved:
February 20, 1989.
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