7/4/12 s Implementing the RA6713 - www.csc.gov.

ph Wednesday July 4, 2012 Home > General Informat ion > Rules Implement ing t he RA 6713

Rule

Rules Implement ing t he Code of Conduct and Et hical St andards for Public Of ficials and Employees Pursuant t o t he provisions of Sect ion 12 of Republic Act No. 6713, ot herw ise know n as t he Code of Conduct and Et hical St andards for Public Of ficials and Employees , approved Dn February 20, 1989, and w hich t ook effect on M arch 25, 1989, conformably t o Sect ion 17 t hereof, t he follow ing Rules are h ereby adopt ed in order t o carry out t he provisions of t he said Code: Rule I Coverage Sect ion 1. T hese Rules shall cover all officials and employees in t he governm ent , elect ive and appoint ive, permanent or t emporary, w het her in t he care er or non- career service, including milit ary and police personnel, w het her o r not t hey receive compensat ion, regardless of amount . Rule II Int erpret at ion Sect ion 1. T hese Rules shall be int erpret ed in t he light of t he Declarat i on of Policy found in Sect ion 2 of t he Code: It is t he policy of t he St at e t o promot e a high st andard of et hics c service. Public officials and employees shall at all t imes be account able o t he people and shall discharge t heir dut ies w it h ut most responsibilit int egrit y, compet ence and loyalt y, act w it h pat riot ism and just ice, ad modest lives, and uphold public int erest over personal int erest . Rule III Reforms on Public Administ rat ive Syst ems Sect ion 1. Every depart ment , office and agency shall, as soon as pract icable and in no case lat er t han ninet y (90) days from t he effect ivit y of t hese rules, st art conduct ing value development programs for it s officials and emp loyees in order t o st rengt hen t heir commit ment t o public service and help promot e t he primacy of public int erest over personal int erest in t he perfor mance of t heir dut ies. Such programs and ot her parallel effort s on value dev elopment shall include, among ot her t hings, t he follow ing subject s: (a) Et hical and moral values; (b) Right s, dut ies and responsibilit ies of public servant s (c) Nat ionalism and pat riot ism; (d) Just ice and human right s; (e) Democracy in a free and just societ y; (f) Philippine hist ory. Cult ure and t radit ion; and (g) Socio-economic condit ions prevailing in t he count ry, especially in t he d epressed areas, and t he need for a code of Conduct and Et hical St andards. Cont inuing refresher courses and seminars and/or w orkshops t o promot e a high st andard of et hics in public service shall be conduct ed. in publi t y, le

Sect ion 2. Professional, scient ific, t echnical t rainings and educat ion prog rams shall enhance t o t he highest degree, professionalism, excellence, int ell igence and skills in t he performance and discharge of dut ies and responsibilit ies of officials and employees. T hese programs shall be conduct ed in all offi ces of t he government and may include subject s t hat are enumerat ed in t he p receding sect ion. Sect ion 3. It is t he responsibilit y of every head of depart ment , office and agency t o ensure t hat officials and employees at t end t he value development program and part icipat e in parallel value development effort s. Sect ion 4. Every depart ment , office and agency shall conduct cont inuing st u dies and analyses of t heir w ork syst ems and procedures t o improve delivery o f public services. T ow ards t his end, such st udies and analyses shall: (1) id ent ify syst ems and procedures t hat lead or cont ribut e t o negat ive bureauc rat ic behavior; (2) simplify rules and procedures t o avoid red t ape; and (3) devise or adopt syst ems and procedures t hat promot e official and employee mor ale and sat isfact ion. Each depart ment , office or agency shall develop a service guide or it s funct ional equivalent w hich shall be regularly updat ed and made available t o t he t ransact ing public. A w orkflow chart show ing procedures or flow of docume nt s shall likew ise be post ed in conspicuous places in t he depart ment , off ice or agency for t he informat ion and guidance of all concerned. Upon request , t he Depart ment of Budget and Management shall assist s depar t ment s, offices and agencies in t he evaluat ion and adopt ion of w ork syst e ms and procedures t hat w ill inst it ut ionalize a management climat e conduciv e t o public account abilit y. Sect ion 5. Every depart ment , office and agency shall consult t he public t hey serve for t he purpose of gat hering feedback and suggest ions on t he ef ficiency, effect iveness and economy of services. T hey shall est ablish mechani sms t o ensure t he conduct of public consult at ions and hearings. Sect ion 6. Every depart ment , office and agency shall cont inuously conduct re search and experiment at ion on measures and adopt innovat ive programs w hich w ill provide mot ivat ion t o officials and employees in raising t he level of o bservance of public service et hical st andards. Sect ion 7. Every depart ment , office and agency shall, appoint or designat e a resident Ombudsman, w ho shall act immediat ely on all request for public ass ist ance referred t o him by t he Ombudsman and his Deput ies. He shall be held account able for t he disposit ion of all request s for assist ance. Sect ion 8. Government officials shall make t hemselves available t o t heir st aff for consult at ions and dialogues. Rule IV Transparency of Transact ions and Access t o Informat ion Sect ion 1. Subject t o reasonable condit ions prescribed by law , t he St at e adopt s and implement s a policy of full public disclosure of all it s t ransact ions involving public excell.csc.gov.ph/cscweb/RA6713b.html 1/8

7/4/12 s Implementing the RA6713 - www.csc.gov.ph int erest .

Rule

Sect ion 2. it is t he responsibilit y of heads of depart ment s, offices and ag encies t o est ablish measures and st andards t hat w ill ensure t ransparency o f and openness in public t ransact ions in t heir respect ive offices, such as b iddings, purchases, ot her int ernal t ransact ions, including cont ract s, st at us of project s, and all ot her mat t ers involving public int erest . T hey shall est ablish informat ion syst ems t hat w ill inform t he public of t he follow ing: (a) policies, rules, and procedures; (b) w ork programs, project s, and performance t arget s; (c) performance report s; and (d) all ot her docu ment s as may hereaft er be classified as public informat ion. Such informat ion shall be ut ilized solely for t he purpose of informing t he p ublic of such policies, programs and accomplishment , and not t o build t he pub lic image of any official or employee or t o advance his ow n personal int erest . Sect ion 3. Every depart ment , office or agency shall provide official informat ion, records or document s t o any request ing public, except if: (a) such informat ion, record or document must be kept secret in t he int erest of nat ional defense or securit y or t he conduct of foreign affairs. (b) such d isclosure w ould put t he life and safet y of an individual in imminent danger; (c) t he informat ion, record or document sought falls w it hin t he concept s o f est ablished privilege or recognized except ions as may be provided by law or set t led policy or jurisprudence; (d) such informat ion, record or document compromises draft s or decisions, orde rs, rulings, policy, decisions, memoranda, et c; (e) it w ould disclose informat ion of a personal nat ure w here disclosure w ou ld const it ut e a clearly unw arrant ed invasion of personal privacy; (f) it w ould disclose invest igat ory records complied for law enforcement purp oses, or informat ion w hich if w rit t en w ould be cont ained in such records or informat ion w ould (I) int erfere w it h enforcement proceedings, (ii) depri ve a person of a right t o a fair t rial or an impart ial adjudicat ion, (iii) d isclose t he ident it y of a confident ial source and, in t he case of a record compiled by a criminal law enforcement aut horit y in t he course of a criminal invest igat ion, or by an agency conduct ing a law ful nat ional securit y int e lligence invest igat ion, confident ial informat ion furnished only by t he conf ident ial source, or (iv) unjust ifiably disclose invest igat ive t echniques an d procedures; or (g) it w ould disclose informat ion t he premat ure disclosure of w hich w oul d (I) in t he case of a depart ment , office or agency w hich agency regulat es currencies, securit ies, commodit ies, of financial inst it ut ions, be likely t o lead t o significant financial speculat ion in currencies, securit ies, or co mmodit ies or significant ly endanger t he st abilit y of any financial inst it ut ion, or (ii) in t he case of any depart ment , office or agency be likely or significant ly t o frust rat e implement at ion of a proposed official act ion, except t hat subparagraph (f) (ii) shall not apply in any inst ance w here t he depart ment , office or agency has already disclosed t o t he public t he cont e nt or nat ure of it s proposed act ion, or w here t he depart ment , office or a gency is required by law t o make such disclosure on it s ow n init iat ive prio r t o t aking final official act ion on such proposal.

Sect ion 4. Every head of depart ment , office and agency shall est ablish inf ormat ion syst ems and net w orks t hat w ill effect t he w idest possible di sseminat ion of informat ion regarding t he provisions of t he Code, and t he p olicies and programs relat ive t heret o. Rule V Incent ive and Rewards Syst em Sect ion 1. Incent ives and rew ards shall be grant ed officials and employees w ho have demonst rat ed exemplary service and conduct on t he basis of t heir ob servance of t he norms of conduct laid dow n in Sect ion 4 of t he Code namely: (a) Commit ment t o public int erest - Officials and employees shall alw ays uph old t he public int erest over personal int erest . All government resources and pow ers and pow ers of t heir respect ive depart ment s, offices and agencies m ust be employed and used efficient ly, effect ively, honest ly and economically , part icularly t o avoid w ast age in public funds and revenues. (b) Professionalism - Officials and employees shall perform and discharge t heir dut ies w it h t he highest degree of excellence, professionalism, int elligenc e and skill. T hey shall ent er public service w it h ut most devot ion and dedi cat ion t o dut y. T hey shall endeavor t o discourage w rong percept ions of t heir roles as dispensers or peddlers of undue pat ronage. (c) Just ness and sincerit y - Officials and employees shall remain t rue t o t he people at all t imes. T hey must act w it h just ness and sincerit y and shal l not discriminat e against anyone, especially t he poor and t he underprivilege d. T hey shall refrain from doing act s cont rary t o law , good morals, good cu st oms, public policy, public order, public safet y and public int erest . T hey shall not dispense or ext end undue favors on account of t heir office t o t he ir relat ives, w het her by consanguinit y or affinit y, except w it h respect t o appoint ment s of such relat ives t o posit ions considered st rict ly confid ent ial or as members of t heir personal st aff w hose t erms are cot erminous w it h t heirs. (d) Polit ical neut ralit y - Officials and employees shall provide service t o everyone w it hout unfair discriminat ion regardless of part y affiliat ion or p reference. (e) Responsiveness t o t he public - Officials and employees shall ext end promp t , court eous, and adequat e service t o t he public. Unless ot herw ise provid ed by law or w hen required by t he public int erest , officials and employees s hall provide informat ion on t heir policies and procedures in clear and underst andable language, ensure openness of informat ion, public consult at ions and h earings w henever appropriat e, encourage suggest ions, simplify and syst emat i ze policy, rules and procedures, avoid red t ape and develop an underst anding a nd appreciat ion of t he socio-economic condit ions prevailing in t he count ry, especially in t he depressed rural and urban areas. (f) Nat ionalism and pat riot ism - Officials and employees shall at all t imes be loyal t o t he Republic and t o t he Filipino people, promot e t he use of lo cally produced goods, resources and t echnology and encourage appreciat ion and pride of count ry and people. T hey shall endeavor t o maint ain and defend Phil ippine sovereignt y against foreign int rusion. (g) Commit ment t o democracy - Officials and employees shall commit t h emselves t o t he democrat ic w ay of life and values, maint ain t he principle of public account abilit y and manifest by deeds t he supremacy of c

ivilian aut horit y over t he milit ary. T hey shall at all t imes uphold t he C onst it ut ion and put loyalt y t o count ry above loyalt y t o persons or part y. (h) Simple living - Officials and employees an d t heir families shall lead mode st lives appropriat e t o t heir posit ions and income. T hey shall not indulge in ext ravagant or ost ent at ious display of w ealt h in any form. Sect ion 2. T he follow ing crit eria shall be considered in t he conferment of aw ards: (a) Y ears of service; (b) Qualit y and consist ency of performance; (c) Obscurit y of t he posit ion; (d) Level of salary; (e) Unique and exemplary qualit y of achievement ; excell.csc.gov.ph/cscweb/RA6713b.html

2/8 7/4/12 s Implementing the RA6713 - www.csc.gov.ph

Rule

(f) Risk or t empt at ion inherent in t he w ork; and (g) Any similar circumst ances or considerat ions in favor of t he part icular a w ardee. Sect ion 3. Incent ives and rew ards t o government officials and employees of t he year may t ake t he form of any of t he follow ing, as may be det ermined b y t he Commit t ee on Aw ards est ablished under t he Code: (a) Bonuses; or (b) Cit at ions; or (c) Direct orships in government -ow ned or cont rolled corporat ions; or (d) Local and foreign scholarship grant s; or (e) Paid vacat ions; and (f ) Aut omat ic promot ion t o t he next higher posit ion suit able t o his qua lificat ions and w it h commensurat e salary; provided, t hat if t here is no ne xt higher posit ion or it is not vacant , said posit ion shall be included in t he next budget of t he office; except w hen t he creat ion of a new posit ion w ill result in dist ort ion in t he organizat ional st ruct ure of t he depart me nt , office or agency. W here t here is no next higher posit ion immediat ely av ailable, a salary increase equivalent t o t he next higher posit ion shall be gi ven and incorporat ed in t he base pay. W hen a new posit ion is creat ed, t hat w hich is vacat ed shall be deemed abolished. T he grant s of aw ards shall be governed by t he merit and fit ness principle. Sect ion 4. (a) T he syst em shall be administ ered by a Commit t ee on Aw ards for Out st anding Public Officials and Employees composed of: (1) Ombudsman Co-Chairman (2) Chairman CSC Co-Chairman (3) Chairman COA Member (4) T w o (2) Government Members Employees t o be Appoint ed By t he President (b) For t his purpose, t he Commit t ee shall perform t he follow ing funct ions and responsibilit ies:

(1) Conduct a periodic, cont inuing review of performance of officials and emplo yees in all depart ment , offices and agencies; (2) Est ablish a syst em of annual incent ives and rew ards t o t he end t hat d ue recognit ion is given t o officials and employees of out st anding merit on t he basis of st andards set fort h in Sect ion 2, Rule V hereof; (3) Det ermine t he form of rew ards t o be grant ed; (4) Formulat e and adopt it s ow n rules t o govern t he conduct of it s act ivi t ies, w hich shall include guidelines for evaluat ing nominees, t he mechanism for recognizing t he aw ardees in public ceremonies and t he creat ion of sub-co mmit t ees; In t he evaluat ion of nominees, t he Commit t ee may be assist ed by t echnical expert s select ed from t he government and t he privat e sect ors. Sect ion 5.T he Civil Service Commission shall provide secret ariat services t o t he Commit t ee. Sect ion 6. Not hing herein provided shall inhibit any depart ment , office or a gency from inst it ut ing it s ow n rew ards program in addit ion t o t hose pro vided by, but not inconsist ent w it h t hese Rules. Sect ion 7. T he budget t o cover all expenses in t he implement at ion of t his Rule shall be incorporat ed in t he appropriat ion of t he Civil Service Commis sion. Rule VI Dut ies of Public Officials and Employees Sect ion 1. As a general rule, w hen a request or pet it ion, en or verbal, can be disposed of prompt ly and expedit iously employee in charge t o w hom t he same is present ed shall do it hout discriminat ion, and in no case beyond fift een (15) receipt of t he request or pet it ion. w het her w rit t t he official and so immediat ely, w w orking days from

Sect ion 2. In depart ment s, offices or agencies t hat are usually sw amped w i t h persons calling for a part icular t ype of service, t he head of t he depart ment , office or agency shall devise a mechanism so as t o avoid long queues, s uch as by giving each person a t icket number duly count ersigned w hich shall s pecify t he t ime and t he dat e w hen t he person, w hose name and address shall be indicat ed, can be served w it hout delay. Said person shall h ave t he right t o prompt service upon present at ion of said t icket numbe r. Sect ion 3. In case of w rit t en request s, pet it ions or mot ions, sent by me ans of let t ers, t elegrams, or t he like, t he official or employee in charge shall act on t he same w it hin fift een (15) w orking days from receipt t hereo f, provided t hat : (b) If t he communicat ion is w it hin t he jurisdict ion of t he office or agen cy, t he official and employee must : (1) W rit e a not e or let t er of acknow ly rout inary or t he act ion desired may of business of t he depart ment , office t he mat t er w ill be disposed of and t n charge t hereof. ledgement w here t he mat t er is mere be act ed upon in t he ordinary course or agency, specifying t he dat e w hen he name of t he official or employee i

(2) W here t he mat t er is non-rout inary or t he issues involved are not simpl e or ordinary, w rit e a not e or let t er of acknow ledgement , informing t he int erest ed part y, pet it ioner or correspondent of t he act ion t o be t ake n or w hen such request s, pet it ions or mot ions can be act ed upon. W here t here is a need t o submit addit ional informat ion, requirement s, or document s , t he not e or let t er of acknow ledgement shall so st at e, specifying a reas onable period of t ime w it hin w hich t hey should be submit t ed, and t he nam e of t he part icular official or employee in charge t hereof. W hen all t he do cument s or requirement s have been submit t ed t o t he sat isfact ion of t he depart ment or office or agency concerned, t he part icular official or employe e in charge shall inform t he int erest ed part y, pet it ioner, or correspond ent of t he act ion t o be t aken and w hen such act ion or disposit ion can be expect ed, barring unforeseen circumst ances. (c) If communicat ion is out side it s jurisdict ion, t he official or employee must : (1) Refer t he let t er, pet it ion, t elegram, or verbal request t o t he prope r depart ment , office or agency. (2) Acknow ledge t he communicat ion by means of a not e or let t er, informing t he int erest ed part y, pet it ioner, correspondent of t he act ion t aken a nd at t aching a copy of t he let t er of t he let t er of referral t o t he pro per depart ment , office or agency. T he depart ment , office or agency t o w hich t he let t er, pet it ion, t eleg ram or verbal request w as referred for appropriat e act ion must t ake act ion in accordance w it h subsect ion (a), pars. 1 and 2 hereof. T he period of fift een (15) w orking days herein provided shall be count ed fro m t he dat e of receipt of t he w rit t en or verbal communicat ion by t he depa rt ment , office or agency concerned. excell.csc.gov.ph/cscweb/RA6713b.html 3/8 7/4/12 s Implementing the RA6713 - www.csc.gov.ph

Rule

Sect ion 4. All official papers and document s must be processed and complet ed w it hin a reasonable t ime from t he preparat ion t hereof. Reasonable t ime shall be det ermined in accordance w it h t he follow ing rules: (b) W hen t he law or t he applicable rule issu ed in accordance t herew it h pr escribes a period w it hin w hich a decision is t o be rendered or an act ion t aken, t he same shall be follow ed; (c) W hen t he law or t he applicable rule issued in accordance t herew it h doe s not prescribe a period, t he head of depart ment , office or agency shall issu e rules and regulat ions prescribing, among ot her t hings, w hat is reasonable t ime, t aking int o account t he follow ing fact ors: (1) Nat ure, simplicit y or complexit y of t he subject mat t er of t he officia l papers of document s processed by said depart ment , office or agency. (2) Com plet eness or inadequacy of requirement s or of dat a and informat ion necessary for decision or act ion; (3) Lack of resources caused by circumst ances beyond t he cont rol of t he depa rt ment , office or agency or official or employee concerned; (4) Legal const ra int s such as rest raining orders and injunct ions issued by proper judicial, qu asi-judicial or administ rat ive aut horit ies; and (5) Fault , failure or negligence of t he part y concerned w hich renders decisi

on or act ion not possible or premat ure; and (6) Fort uit ous event s or force majeure. Sect ion 5. Except as ot herw ise provided by law or regulat ion, and as far as pract icable, any w rit t en act ion or decision must cont ain not more t han t hree (3) init ials or signat ures. In t he absence of t he duly aut horized sign at ory, t he official next -in-rank or officer-in-charge or t he person duly au t horized shall sign for and in his behalf. T he head of depart ment , office or agency shall prescribe, t hrough and appropriat e office order, t he rules on t he proper aut horit y t o sign in t he absence of t he regular signat ory, as follow s: (1) If t here is only one official next in rank, he shall aut omat ically be t h e signat ory; (2) If t here are t w o ore more officials next in rank, t he appropriat e offic e order shall prescribe t he order of priorit y among t he officials next in ran k w it hin t he same organizat ional unit ; or (3) If t here is no official next in rank present and available, t he head of de part ment , office or agency shall designat e an officer-in-charge from among t hose next low er in rank in t he same organizat ional unit . Sect ion 6. All public document s must be made accessible t o, and readily avail able for inspect ion by, t he public during w orking hours, except t hose provid ed in Sect ion 3. Rule IV. Sect ion 7. All heads or ot her responsible officers of depart ment s, offices o r agencies of t he government and of government -ow ned or cont rolled corporat ions shall, w it hin fort y five (45) w orking days from t he end of t he year, render a full and complet e report of performance and accomplishment s, as presc ribed by exist ing law s and regulat ions. Anot her report of compliance w it h t he provisions of t he Code and t hese Rul es shall be prepared and submit t ed t o t he Civil Service Commission. T he Com mission may require officials t o provide addit ional informat ion or furnish do cument s, if necessary. Sect ion 8. Officials and employees and t heir families shall lead modest and si mple lives appropriat e t o t heir posit ions and income. T hey shall not indulg e in ext ravagant or ost ent at ious display of w ealt h in any form. Basically, modest and simple living means maint aining a st andard of living w i t hin t he public official and employee s visible means of income as correct ly disc losed in his income t ax ret urns, annual st at ement of asset s, liabilit ies a nd net w ort h and ot her document s relat ing t o financial and business int er est s and connect ions. Public funds and proper for official use and purpose shall be ut ilized w it h t he diligence of a good fat her of a family. Rule VII Public Disclosure Sect ion 1. Every official and employee, except t hose w ho serve in an offici al honorary capacit y, w it hout service credit or pay, t emporary laborers an d casual or t emporary or cont ract ual w orkers, shall file under oat h t he

ir st at ement of asset s, liabilit ies and net w ort h and a disclosure of business int erest s and financial connect ions including t hose of t heir spouses and unmarried children under eight een (18) years of age living in t he ir households, in t he prescribed form, Annex A. (b) Cont ent s of St at ement (1) T he St at ement of Asset s and Liabilit ies and Net W ort h shall cont ain informat ion on t he follow ing: (a) real propert y, it s improvement s, acquisit ion cost s, assessed value, and current fair market value; (b) personal propert y and acquisit ion cost s; (c) all ot her asset s such as invest ment s, cash on hand or in banks, st ocks, bonds, and t he like; and (d) all financial liabilit ies and long-t erm. (2) T he Disclosure of Business Int erest s and Financial Connect ions shall con t ain informat ion on any exist ing int erest s in, or any exist ing connect ion s w it h, any business ent erprises or ent it ies, w het her as propriet or, in vest or, promot er, part ner, shareholder, officer, managing direct or, execu t ive, credit or, law yer, legal consult ant , account ant , audit or, and t h e like, t he names and addresses of t he business ent erprises or ent it ies, t he dat es w hen such int erest s or connect ions w ere est ablished, and such ot her det ails as w ill show t he nat ure of t he int erest s or connect ions. (c) W hen t o File T he above document s under t he Code must be filed: (1) w it hin t hirt y (30) days aft er assumpt ion of office, st at ement s of w hich must be reckoned as of his first day of service; (2) on or before April 30 of every year t hereaft er, st at ement s of w hich mu st be reckoned as of t he end of t he preceding year; or (3) w it hin t hirt y (30) days aft er separat ion from t he service, st at emen t s of w hich must be reckoned as of his last day of office. excell.csc.gov.ph/cscweb/RA6713b.html 4/8 7/4/12 s Implementing the RA6713 - www.csc.gov.ph (d) W here t o File

Rule

T he St at ement of Asset s and Liabilit ies and Net W ort h and t he Disclosure of Business Int erest s and Financial Connect ions shall be filed by t he: (1) President , Vice-President and Const it ut ion al Officials, w it h t he Nat ion al Office of t he Ombudsman; (2) Senat ors and Congressmen, w it h t he Secret aries of t he Senat e and t he House of Represent at ives, respect ively; Just ices, w it h t he Clerk of Cour t of t he Supreme Court ; Judges, w it h t he Court Administ rat or; and nat ion al execut ive officials such as Members of t he Cabinet , Undersecret aries and Assist ant Secret aries, including t he foreign service and heads of government -ow ned or cont rolled corporat ions w it h original chart ers and t heir subsid iaries and st at e colleges and universit ies, w it h t he Office of t he Presid ent . (3) Regional and local officials and employees, bot h appoint ive and elect ive, including ot her officials and employees of government -ow ned or cont rolled c

orporat ions and t heir subsidiaries and st at e colleges and universit ies, w i t h t he Deput y Ombudsman in t heir respect ive regions; (4) Officers of t he Armed Forces from t he rank of Colonel or Naval Capt a in, w it h t he Office of t he President , and t hose below said ranks, w it h t he Deput y Ombudsman in t heir respect ive regions; and (5) All ot her officials and employees defined in Republic Act No. 3019, as amen ded, w it h t he Civil Service Commission. A copy of said st at ement s shall al so be filed w it h t heir respect ive depart ment s, offices or agencies. (d) All St at ement of Asset s and Liabilit ies and Net W ort h, as of December 31, 1988, now on file w it h t heir respect ive agencies shall const it ut e suf ficient compliance w it h t he requirement s of t he Code and t hey shall be req uired t o accomplish and file t he new form as prescribed in t hese Rules on or before April 30, 1990, and every year t hereaft er. (e) Every official and employee shall also execut e, w it hin t hirt y (30) day s from t he dat e of t heir assumpt ion of office, t he necessary aut horit y in favor of t he Ombudsman t o obt ain, from all t he appropriat e government agencies, including t he Bureau of Int ernal Revenue, such document s as may sho w t heir asset s, liabilit ies, net w ort h, and also t heir business int erest s, and financial connect ions in previous years, including, if possible, t he y ear w hen t hey first assumed any office in t he government . (f)Married couples w ho are bot h public officials and employees may file t he r equired st at ement s joint ly or separat ely. Sect ion 2. Every official or employee shall ident ify and disclose under oat h t o t he best of his know ledge and informat ion, his relat ives in t he governm ent , up t o t he fourt h civil degree of relat ionship, eit her of consanguinit y or affinit y, including bilas, inso and balae, in t he prescribed form, Annex A, w hich shall be filed; (a) w it hin t hirt y (30) days aft er assumpt ion of office, t he informat ion cont ained t herein must be reckoned as of his first day of office; (b) on or before April 30 of every year t hereaft er, t he inform at ion cont ained t herein must be reckoned as of t he end of t he preceding yea r; or (c) w it hin t hirt y (30) days aft er separat ion from t he service, t he informat ion cont ained t herein must be reckoned as of his last day of office. Sect ion 3. (a) Any and all st at ement s filed in accordance w it h t he preced ing sect ions shall be made available for public inspect ion at reasonable hours ; (b) Such st at ement s shall be made available for public inspect ion at reaso nable hours; (c) Any duly aut horized person request ing a copy of a st at ement shall be req uired t o pay a reasonable fee as may be det ermined and prescribed by t he Civi l Service Commission t o cover t he cost of reproduct ion and mailing of such st at ement , as w ell as t he cost of cert ificat ion. (d) Any st at ement filed under t he Code shall be available t o t he public, s ubject t o t he foregoing limit at ions, for a period of t en (10) years aft er receipt of t he st at ement . T he st at ement may be dest royed aft er such pe riod unless needed in an ongoing invest igat ion. Rule VIII Review and Compliance Procedures Sect ion 1. T he follow ing shall have t he aut horit y t o est ablish complianc e procedures for t he review of st at ement s t o det ermine w het her said st a

t ement s have been properly accomplished: (a) In t he case of Congress, t he designat ed commit t ees of bot h Houses of C ongress subject t o approval by t he affirmat ive vot e of t he majorit y of t he part icular House concerned; (b) In t he case ef t he Execut ive Depart ment , t he heads of depart ment s, o ffices and agencies insofar as t heir respect ive depart ment s, offices and age ncies are concerned subject t o approval of t he Secret ary of Just ice. (c) In t he case of t he Judicial Depart ment , t he Chief Just ice of t he Supr eme Court ; and (d) In t he case of t he Const it ut ion al Commissions and ot her Const it ut i onal Offices, t he respect ive Chairman and members t hereof; in t he case of t he Office of t he Ombudsman, t he Ombudsman. T he above officials shall likew ise have t he aut horit y t o render any opin ion int erpret ing t he provisions on t he review and compliance procedures i n t he filing of st at ement s of asset s, liabilit ies, net w ort h and disclo sure informat ion. In t he event said aut horit ies det ermine t hat a st at ement is not properly filed, t hey shall inform t he report ing individual and direct him t o t ake t he necessary correct ive act ion. T he individual t o w hom an opinion is rendered, and any ot her individual invo lved in a similar fact ual sit uat ion, and w ho, aft er issuance of t he opinio n act s in good fait h in accordance w it h it shall not be subject t o any sanc t ion provided in t he Code. Rule IX Conflict of Int erest and Divest ment Sect ion 1. (a) An official or employee shall avoid conflict of int erest at all t imes. (b) Conflict of int erest occurs: (1) W hen t he official or employee is: (a) a subst ant ial st ockholder; or (b) a member of t he Board of Direct ors; or (c)an officer of t he corporat ion; or excell.csc.gov.ph/cscweb/RA6713b.html

5/8 7/4/12 s Implementing the RA6713 - www.csc.gov.ph (d) an ow ner or has subst ant ial int erest in a business; or (e) a part ner in a part nership; and

Rule

(2) T he int erest of such corporat ion or business, or his right s or dut ies t herein, are opposed t o or affect ed by t he fait hful performance of official dut y. (c) A subst ant ial st ockholder is any person w ho ow ns, direct ly or indirect

ly, shares of st ock sufficient t o elect a direct or of a corporat ion. T his t erm shall also apply t o t he part ies t o a vot ing t rust . (d) A vot ing t rust means an agreement in w rit ing bet w een one or more st oc kholders of a st ock corporat ion for t he purpose of conferring upon a t rust e e or t rust ees t he right t o vot e and ot her right s pert aining t o t he sha res for cert ain periods and subject t o such ot her condit ions provided for in t he Corporat ion Law . Sect ion 2. (a) W hen a conflict of int erest arises, t he official or employee involved shall resign from his posit ion in any privat e business ent erprise w it hin t hirt y (30) days from his assumpt ion of office and/or divest himself o f his share-holdings or int erest s w it hin sixt y (60) days from such assumpt ion. For t hose w ho are already in t he service, and conflict of int erest aris es, t he officer or employee must resign from his posit ion in t he privat e bus iness ent erprise and/or divest himself of his shareholdings or int erest s w it hin t he periods herein-above provided, reckoned from t he dat e w hen t he con flict of int erest had arisen. T he same rule shall apply w here t he public off icial or employee is a part ner in a part nership. (b) If t he condit ions in Sect ion 1 (b) concur, divest ment shall be mandat or y for any official or employee even if he has resigned from his posit ion in any privat e business ent erprise. (c) Divest ment shall be t o a person or persons ot her t han his spouse and rel at ives w it hin t he fourt h civil degree of consanguinit y or affinit y. (d) T he requirement s for divest ment shall not apply t o t hose specifically aut horized by law and t hose w ho serve t he government in an honorary capaci t y nor t o laborers and casual or t emporary w orkers. Rule X Grounds for administ rat ive disciplinary act ion Sect ion 1. In addit ion t o t he grounds for administ rat ive disciplinary act ion prescribed under exist ing law s, t he act s and omissions of any official o r employee, w het her or not he holds office or employment in a casual, t empora ry, hold-over, permanent or regular capacit y, declared unlaw ful or prohibit ed by t he Code, shall const it ut e grounds for administ rat ive disciplinary act ion, and w it hout prejudice t o criminal and civil liabilit ies provided herei n, such as: (a) Direct ly or indirect ly having financial and mat erial int erest in any t ransact ion requiring t he approval of his office. Financial and mat erial int e rest is defined as a pecuniary or propriet ary int erest by w hich a person w i ll gain or lose somet hing; (b) Ow ning, cont rolling, managing or accept ing employment as officer, employe e, consult ant , counsel, broker, agent , t rust ee, or nominee in any privat e ent erprise regulat ed, supervised or licensed by his office, unless expressly a llow ed by law ; (c)Engaging in t he privat e pract ice of his profession unless aut horized by t he Const it ut ion, law or regulat ion, provided t hat such pract ice w ill not conflict or t end t o conflict w it h his official funct ions; (d) Recommending any person t o any posit ion in a privat e ent erprise w hich h as a regular or pending official t ransact ion w it h his office, unless such re commendat ion or referral is mandat ed by (1) law , or (2) int ernat ional agree ment s, commit ment and obligat ion, or as part of t he funct ions of his office

; T hese act s shall cont inue t o be prohibit ed for a period of one (1) year aft er resignat ion, ret irement , or separat ion from public office, except in t h e case of paragraph (c) above, but t he professional concerned cannot pract ice his profession in connect ion w it h any mat t er before t he office he used t o be w it h, w it hin one year aft er such resignat ion, ret irement , or separat ion provided t hat any violat ion hereof shall be a ground for administ rat ive disciplinary act ion upon re-ent ry t o t he government service. (e) Disclosing or misusing confident ial or classified informat ion officially k now n t o him by reason of his office and not made available t o t he public, t o furt her his privat e int erest s or give undue advant age t o anyone, or t o prejudice t he public int erest ; (f) Solicit ing or accept ing, direct ly or indirect ly, any gift , grat uit y, favor, ent ert ainment , loan or anyt hing of monet ary value w hich in t he cou rse of his official dut ies or in connect ion w it h any operat ion being regula t ed by, or any t ransact ion w hich may be affect ed by t he funct ions of, his office. T he propriet y or impropriet y of t he foregoing shall be det ermined by it s value, kinship or relat ionship bet w een giver and receiver and t he mo t ivat ion. A t hing of monet ary value is one w hich is evident ly or manifest ly excessive by it s very nat ure. Gift refers t o a t hing or a right disposed of grat uit ously, or any act of li beralit y, in favor of anot her w ho accept s it , and shall include a simulat e d sale or an ost ensibly onerous disposit ion t hereof. Loan covers bot h simple loan and commodat um as w ell as guarant ees, financing arrangement or accommodat ions int ended t o ensure it s approval. Commodat um refers t o a cont ract w hereby one of t he part ies delivers t o anot her s omet hing not consumable so t hat t he lat t er may use t he same for a cert ain t ime and ret urn it . T his prohibit ion shall not include: (1) Unsolicit ed gift of nominal or insignificant value not given in ant icipa t ion of, or in exchange for, a favor from a public official or employee or gi ven aft er t he t ransact ion is complet ed, or service is rendered. As t o w ha t is a gift of nominal value w ill depend on t he circumst ances of each case t aking int o account t he salary of t he official or employee, t he frequency or infrequency of t he giving, t he expect at ion of benefit s, and ot her similar fact ors. (2) A gift from a member of his family or relat ive as defined in t he Code on t he occasion of a family celebrat ion, and w it hout any expect at ion of pecuni ary gain or benefit . (3) Nominal donat ions from persons w it h no regular, pending, or expect ed t r ansact ions w it h t he depart ment , office or agency w it h w hich t he offici al or employee is connect ed, and w it hout any expect at ion of pecuniary gain or benefit . (4) Donat ions coming from privat e organizat ions w het her local or foreign, w hich are considered and and accept ed as humanit arian and alt ruist ic in pu rpose and mission. (5) Donat ions coming from government t o government ent it ies. As t o gift or grant s from foreign government s, t he Congress consent s t o:

(i) T he accept ance and ret ent ion by public official or employee of a gift of nominal value t endered and received as a souvenir or mark of court esy; (ii) T he accept ance and ret ent ion by public official or employee of gift in t he n at ure of a scholarship or fellow ship grant or medical t reat ment ; or excell.csc.gov.ph/cscweb/RA6713b.html 6/8 7/4/12 s Implementing the RA6713 - www.csc.gov.ph Rule

(iii) T he accept ance by a public official or employee of t ravel grant or expenses for t ravel t aking place ent irely out side t he Philippines (such as allow ances, t ransport at ion, food and lodging) of more t han nomi nal value if such accept ance is appropriat e or consist ent w it h t he int ere st s of t he Philippines, and permit t ed by t he head of office, branch, or age ncy t o w hich he belongs. Not hing in t he Code shall be const rued t o rest rict or prohibit any educat i onal, scient ific or cult ural exchange programs subject t o nat ional securit y requirement s. (g) Obt aining or using any st at ement filed under t he Code for any purpose co nt rary t o morals or public policy or any commercial purpose ot her t han by ne w s and communicat ions media for disseminat ion t o t he general public; (h) Unfair discriminat ion in rendering public service due t o part y affiliat i on or preference; (i) Disloyalt y t o t he Republic of t he Philippines and t o t he Filipino people; (j) Failure t o act prompt ly on let t ers and request w it hin fift een (15) da ys from receipt , except as ot herw ise provided in t hese Rules; (k) Failure t o process document s and complet e act ion on document s and paper s w it hin a reasonable t ime from preparat ion t hereof, except as ot herw ise provided in t hese Rules; (l) Failure t o at t end t o anyone w ho w ant s t o avail himself of t he servi ces of t he office, or t o act prompt ly and expedit iously on public personal t ransact ions; (m) Failure t o file sw orn st at ement s of asset s, liabilit ie s and net w ort h and disclosure of business int erest s and financial connect i ons; and (n) Failure t o resign from his posit ion in t he privat e business ent erprise w it hin t hirt y (30) days from assumpt ion of public office w hen conflict of int erest arises, and/or failure t o divest himself of his shareholdings or int erest s in privat e business ent erprise w it hin sixt y (60) days from such ass umpt ion of public office w hen conflict of int erest arises, t he official or employee must eit her resign or divest himself of said int erest s w it hin t he periods herein-above provided, reckoned from t he dat e w hen t he conflict of int erest had arisen. Rule XI Penalt ies Sect ion 1. Any official or employee regardless of w het her or not he holds of fice or employment in casual, t emporary, holdover, permanent or regular capa cit y, commit t ing any violat ion of t he Code shall be punished w it h a fine not exceeding t he equivalent of six mont hs (6) salary or suspension not exceed ing one (1) year, or removal depending on t he gravit y of t he offense aft er d ue not ice and hearing by t he appropriat e body or agency. If t he violat ion i s punishable by a heavier penalt y under anot her law , he shall be prosecut ed under t he lat t er st at ut e. Violat ions of Sect ion 7, 8, or 9 of t he Code shall be punishable w it h imprisonment not exceeding five (5) years, or a fine

not exceeding five t housand pesos (P5,000.00) or bot h, and in t he discret io n of t he court of compet ent jurisdict ion, disqualificat ion t o hold public o ffice. Any violat ion hereof proven in a proper administ rat ive proceeding shall be s ufficient cause for removal or dismissal of an official or employee, even if n o criminal prosecut ion is inst it ut ed against him. Privat e individuals w ho part icipat e in conspiracy as co-principals, accompli ces or accessories, w it h officials or employees, in violat ion of t he Code, s hall be subject t o t he same penal liabilit ies as t he officials or employees and shall be t ried joint ly w it h t hem. T he official or employee concerned may bring an act ion against any person w ho obt ains or uses a report for any purpose prohibit ed by Sect ion 8 (d) of t he Code. T he Court in w hich such act ion is brought may assess against such per son a penalt y in any amount not t o exceed t w ent y five t housand pesos (P25 , 000.00). If anot her sanct ion hereunder or under any ot her law is heavier, t he lat t er shall apply. Sect ion 2. Administ rat ive proceedings for violat ion of t hese Rules shall be in accordance w it h Civil Service Law and Rules. Rule XII Free Volunt ary Service Sect ion 1. (a) Free volunt ary service refers t o services rendered by persons w ho are in government w it hout pay or compensat ion. (b) T he requirement s of free volunt ary service are as follow s: (1) Issuance of an appropriat e document ; (2)Fit ness and suit ably for t he dut ies and responsibilit ies of t he part ic ular posit ion; and (3) Compliance w it h rule on nepot ism (c) T he follow ing are t he funct ions or services t hat volunt eers can perfor m: (1) Advisory (2) Consult ancy or counseling (3) Recommendat ory; (4) Professional Services; (5) St aff w ork such as planning or research; or (6) Humanit arian. (d) T hose w ho render free volunt ary service t o t he government are covered b y t he follow ing: (1) Law s on rew ards and incent ives; (2) Norms of conduct and et hical st andards; (3) Dut ies and obligat ions of public officers and employees; (4) Prohibit ions and sanct ions enumerat ed in t hese Rules; and excell.csc.gov.ph/cscweb/RA6713b.html 7/8

7/4/12 s Implementing the RA6713 - www.csc.gov.ph (5) Civil and criminal liabilit y.

Rule

(e) T hose w ho render free volunt ary service are, how ever, liabilit ies and n et w ort h and financial disclosures, t he requirement on divest ment and t h e appropriat e eligibilit y requirement , for t heir designat ions, and shall no t enjoy securit y of t enure. Unless ot herw ise provided in t he t erms of t heir designat ions, volunt eers are prohibit ed from: (1) Exercising supervisory funct ions over personnel; (2) Exercising funct ions of posit ion involving nat ional securit y; (3) Having access t o confident ial or classified informat ion unless aut horize d by proper aut horit ies; (4) Occupying regular plant illa posit ions; (5) Having such services credit ed as government service and availing t hemselve s of ret irement benefit s; (6) Using facilit ies and resources of t he office f or part isan polit ical purposes; and (7) Receiving any pecuniary benefit s such as honoraria, allow ances and ot her perquisit es of office. Rule XIII Amendment Sect ion 1. T he Civil Service Commission may amend or modify t hese Rules as ma y be necessary. Rule XIV Effect ivit y Sect ion 1. T hese Rules shall t ake effect t hirt y (30) days follow ing t he c omplet ion of t heir publicat ion in t he Official Gazet t e or in a new spaper of general circulat ion. Back to Top C SC Trunk lines: 931-8092 / 931-7939 / 931-7935 Mamamay a n Muna A ction C enter: 951-2575 / 951-2576. Hotline: 932-0111 Text C SC : 0917-TextC SC (09178398272) For your comments or suggestions about this site, e-mail:w e b m a st e r @ w e b m a i l . c sc . g o v . p h C i v i l S e r v i c e C o m m i ssi o n , C o n st i t u t i o n H i l l s , B a t a sa n g P a m b a n sa C o m p l e x D i l i m a n 1 1 2 6 Q u e z o n C i t y , P h i l i p p i n e s [ View Map ]

excell.csc.gov.ph/cscweb/RA6713b.html 8/8