Honest Public Service and Full Public Disclosure

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8 - HONEST PUBLIC SERVICE AND FULL PUBLIC DISCLOSURE

RELATED LAWS AND JURISPRUDENCE

Article II, Section 27

 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
 Sourcebook on Administrative Offenses in the Civil Service
 Wooden v. CSC, G.R. 152884;
 Millena v. Court of Appeals, GR No. 127797
 CATIPON VS JAPSON G.R. No. 191787

Article II, Section 28 (Full Public Disclosure)

 EXECUTIVE ORDER NO. 02 - OPERATIONALIZING IN THE


EXECUTIVE BRANCH THE PEOPLE’S CONSTITUTIONAL RIGHT
TO INFORMATION AND THE STATE POLICIES TO FULL PUBLIC
DISCLOSURE AND TRANSPARENCY IN THE PUBLIC SERVICE
AND PROVIDING GUIDELINES THEREFOR
 SANDIGANBAYAN RULE ON ACCESS TO INFORMATION
 SERENO VS. COMMITTEE ON TRADE AND RELATED MATTERS
(CTRM) OF THE NATIONAL ECONOMIC AND DEVELOPMENT
AUTHORITY (NEDA) GR 175210
 VALMONTE vs BELMONTE GR 74930

Article XI, Sections 4,5,6 (Ombudsman)

Sandiganbayan- Is a special appellate collegial court in the Philippines that has


jurisdiction over criminal and civil cases involving graft and corrupt practices and
other offenses committed by public officers and employees, including those in
government-owned or government-controlled corporations.
 GEORGE UY VS. SANDIGANBAYAN GR 105965-70

 Office of the Ombudsman – Is responsible for investigating and


prosecuting Philippine government officials accused of crimes, especially graft
and corruption. Ombudsman expressly identifies the Sandiganbayan as the
venue where it can exercise prosecutorial powers of cases involving public
officers within its original jurisdiction. the Ombudsman does not have the power
to prosecute criminal cases within the original jurisdiction of the regular courts

 REPUBLIC ACT No. 6770 - AN ACT PROVIDING FOR THE


FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE
OF THE OMBUDSMAN AND FOR OTHER PURPOSES.
 REPUBLIC ACT No. 3019 - ANTI-GRAFT AND CORRUPT PRACTICES
ACT
 Administrative Order No. 08 - CLARIFYING AND MODIFYING CERTAIN
RULES OF PROCEDURE
 YABUT VS. OFFICE OF THE OMBUDSMAN
 NAVARRO VS. OFFICE OF THE OMBUDSMAN GR. No. 210128

Article XI, Section 17 (Statement of Assets/Liabilities)

 SALN - stands for Statement of Assets, Liabilities, and Net Worth. It is a


declaration of assets (i.e., land, vehicles, etc) and liabilities (i.e., loans, debts,
etc), including business and financial interests, of an official/employee, of his
or her spouse, and of his or her unmarried children under 18 years old still living
in their parents’ households. The submission of a SALN is required by law
under Article XI Section 17 of the 1987 Constitution and Section 8 of Republic
Act No. 6713, the “Code of Conduct and Ethical Standards for Public Officials
and Employees.” It includes a waiver authorizing the Ombudsman or his
authorized representatives to attain documents that may show assets,
liabilities, net worth, business interests, and financial connections from all
appropriate government agencies.

 OFFICE OF THE OMBUDSMAN V. NESTOR S. VALEROSO, GR


167828
 DE CASTRO VS OFFICE OF THE OMBUDSMAN GR 192723
 CHIEF JUSTICE RENATO C. CORONA, Petitioner, v. SENATE OF
THE PHILIPPINES sitting as an IMPEACHMENT COURT GR G.R. NO.
200242

Article VII, Section 12 (President's Health)

The Palace has not released official medical bulletins about the health of
President Rodrigo Duterte. Presidential Spokesperson Harry Roque (now on
leave) said Duterte's health is still covered by rules on the confidentiality of
health records because the Constitution only requires disclosure in the event
of “serious illness.” Duterte now claims he has rare myasthenia gravis muscle
disease Myasthenia gravis is an autoimmune disease that destroys muscle
receptors, and can result in the drooping of eyelids, or overall weakness. It can
be controlled with treatment. Senators say Duterte's muscle disease 'not life-
threatening'. But Senator Joel Villanueva says the President's team should
update the people, about the President's condition, as they deem appropriate
Transparency about the President’s health is enshrined in the 1987
Constitution.

Article VII, Section 20 (Publication of Loan Applications)

 REPUBLIC ACT NO. 4860 - AN ACT AUTHORIZING THE PRESIDENT


OF THE PHILIPPINES TO OBTAIN SUCH FOREIGN LOANS AND
CREDITS, OR TO INCUR SUCH FOREIGN INDEBTEDNESS, AS MAY
BE NECESSARY TO FINANCE APPROVED ECONOMIC
DEVELOPMENT PURPOSES OR PROJECTS, AND TO GUARANTEE,
IN BEHALF OF THE REPUBLIC OF THE PHILIPPINES, FOREIGN
LOANS OBTAINED OR BONDS ISSUED BY CORPORATIONS
OWNED OR CONTROLLED BY THE GOVERNMENT OF THE
PHILIPPINES FOR ECONOMIC DEVELOPMENT PURPOSES
INCLUDING THOSE INCURRED FOR PURPOSES OF RE-LENDING
TO THE PRIVATE SECTOR, APPROPRIATING THE NECESSARY
FUNDS THEREFOR, AND FOR OTHER PURPOSES

 REPUBLIC ACT NO. 6724 - AN ACT ORGANIZING A JOINT


LEGISLATIVE-EXECUTIVE FOREIGN DEBT COUNCIL, DEFINING
ITS OBJECTIVES, POWERS AND FUNCTIONS, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES.

 Constantino vs Cuisia G.R. No. 106064

Article XII, Section 2 (5) (Contracts with Foreign Groups)

 REPUBLIC ACT NO. 7652 - AN ACT ALLOWING THE LONG-TERM


LEASE OF PRIVATE LANDS BY FOREIGN INVESTORS

 REPUBLIC ACT NO. 7042 (As amended by RA 8179) - AN ACT TO


PROMOTE FOREIGN INVESTMENTS, PRESCRIBE THE
PROCEDURES FOR REGISTERING ENTERPRISES DOING
BUSINESS IN THE PHILIPPINES, AND FOR OTHER PURPOSES

Article XII, Section 21 (Make Public Foreign Loans)

 Chico River Project loan from China


(https://www.philstar.com/headlines/2019/04/05)
 Kaliwa Dam project with Beijing
(Businessmirror By Joel R. San Juan May 10, 2019)

Article VI. Secs 20

 The publication of the Senate expenditures yearly


 Rules of Congress XXV-Papers Section 132 Records and Books
Open to Public. — The records and books of accounts of the House
shall be preserved and be open to the public in accordance with law,
and such books shall be available for audit by the Commission on
Audit.

Article IX-D, Section 4 (COA Annual Report)

 PRESIDENTIAL DECREE No. 1445 - ORDAINING AND INSTITUTING


A GOVERNMENT AUDITING CODE OF THE PHILIPPINES June 11,
1978
Article III, Section 7 (Right to Information)

 EXECUTIVE ORDER NO. 02 - OPERATIONALIZING IN THE


EXECUTIVE BRANCH THE PEOPLE’S CONSTITUTIONAL RIGHT TO
INFORMATION AND THE STATE POLICIES TO FULL PUBLIC
DISCLOSURE AND TRANSPARENCY IN THE PUBLIC SERVICE AND
PROVIDING GUIDELINES THEREFOR
 REPUBLIC ACT No. 9470 - AN ACT TO STRENGTHEN THE SYSTEM
OF MANAGEMENT AND ADMINISTRATION OF ARCHIVAL
RECORDS, ESTABLISHING FOR THE PURPOSE THE NATIONAL
ARCHIVES OF THE PHILIPPINES, AND FOR OTHER PURPOSES,
May 21, 2007

Group Members:

ROJOHN SOL
ANNABELLE MARCELINO
HONEY FRANCO
MOCSINA DONDE
NASHJEHANI UMBI

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