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    Code of Conduct No Gift Policy

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    Republic of the Philippines METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM CODE OF CONDUCT AND ETHICAL STANDARDS OF MWSS OFFICIALS AND EMPLOYEES It is the declared 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 responsibilty, integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest. Consistent thereto, and pursuant to the provisions of 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) together with the Civil Service Commission's Rules and Regulations Implementing the same, the Metropolitan Waterworks and Sewerage System (MWSS), hereby adopts the following Code of Conduct and Ethical Standards for MWSS Officials and Employees Section 1. Coverage. This Code of Conduct and Ethics shall apply to the Board of Trustees, officers and employees of MWSS whether appointed by the President of the Philippines, permanent, temporary, co-terminous or contractual Section 2. Norms of Conduct. All Board of Trustees, including the Chairman, officers and employees of MWSS shall observe the following as standards of personal conduct in the discharge and execution of official duties: a. Commitment to Public Interest © MWSS officials and employees shall always uphold the public interest over and above their personal interest. » All MWSS resources must be used efficiently, effectively and economically to avoid wastage in funds and revenues. b. Professionalism MWSS officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill > They shall render services to MWWSS with utmost devotion and dedication to duty 2 They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage. c. Justness and sincerity © MWSS 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 © MVWSS officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference. e. Responsiveness to the public © MWSS officials and employees shall extend prompt, courteous, and adequate service to the public. £. Nationalism and patriotism MWSS 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 our country and people. g. Commitment to democracy © MWSS 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 loyalty to the MWSS as an institution above loyalty to persons. h. Simple living © MWSS 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, Section 3. Duties of MWSS Officials and Employees. In the performance of their duties, all MWSS officials and employees are under obligation to (2) Act promptiy on letters and requests. All MWSS officials and employees shall, in accordance with The Ease of Doing Business and Efficient Government Service Delivery (EODB EGSD) Act of 2018 (Republic Act 11032), respond to letters or other communications within the following period from receipt thereof: © 3 days ~ Simple Transaction (Applications or requests which only require ministerial actions or that which present only inconsequential issues for resolution) © 7 days ~ Complex Transaction (Applications or requests which necessitate evaluation in the resolution of complicated issues by an officer or employee) © 20 days — Highly Technical Application (Applications or requests which require use of technical knowledge, specialized skills and/or training in the processing and/or evaluation) (b) Process documents and papers expeditiously; (c) Act immediately on the public's personal transactions. Section 4. System of Incentives and Rewards. A system of annual incentives and rewards as contained in the MVVSS' Program on Awards and Incentives for Service Excellence (PRAISE) duly approved by the Civil Service Commission shall be strictly implemented. Section 5. Prohibited Acts and Transactions. In addition to acts and omissions of public officials and employees now prescribed in the Constitution and other existing laws, the following likewise constitute prohibited acts and transactions and are declared unlawful under R.A. No. 6713 (a) Financial and material interest © MWSS officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of MWSS. (b) Outside employment and other activities related thereto. © MVWSS 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 MWSS unless expressly allowed by law: (b.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 and provided further that the requirements/conditions under Sec. 136, Rule XIl of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions, Revised July 2018 are met; or (b.3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with MWSS These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement or separation from MWSS, except in the case of (b.2) above, but the professional concerned cannot practice his/her profession in connection with any matter before the MWSS, in which case the one-year prohibition shall likewise apply. (c) Disclosure and/or misuse of confidential information. © MWSS officals and employees shall not use or divulge confidential or Classified information officially known to them by reason of their office and net made available to the public either to further their private interests or give undue advantage to anyone or to prejudice the public interest. (d) No Gift Policy (pursuant to Board Resolution No. 2014-034-CO dated 27 March 2014), The MWSS adopts a "No Gift Policy” to avoid any conflict of interest or the semblance of a conflict of interest. The MWSS Trustees, Officers and Employees shall NOT SOLICIT OR ACCEPT, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or use of anything, or anything of monetary value from a person, groups, associations, or juridical entities, at any time, on or off the work premises, in the course of their official duties during or in connection with any operation being regulated by, or any transaction which may be influenced or otherwise affected by the functions of their office. The following are not covered by this rule: 1) Honoraria given as speaker or resource person in seminars or where the MWSS officer or employee is participating by reason of his/her office subject to existing rules allowed by law. The acceptance of honoraria shall follow Sec. 52, General Provisions of the General Appropriations Act of 2018. 2) Unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for a favor from a public official or employee or given after the transaction is completed or service is rendered. As to what is a gift of nominal value will depend on the circumstances of each case taking into account the salary of the official or employee, the frequency or infrequency of the giving, the expectation of benefits and other similar factors. 3) A gift from a member of his family or relative as defined herein on the occasion of a family celebration and without any expectation of pecuniary gain or benefit 4) Nominal donations from persons no regular, pending, or expected transactions with the department, office or agency which the official or employee is connected and without any expectation of pecuniary gain or benefits 5) Donations coming from private organizations whether local or foreign which are considered and accepted as humanitarian and altruistic in purpose and mission 6) Donations from government to government entities. The acceptance andlor retention of the following gifts or grants from foreign governments are allowed subject to the approval of the (1) Administrator for all officers and employees of MWSS and (2) Governance Committee for members of the Board of Trustees: 2. A gift in the nature of a scholarship or fellowship grant; b. A medical treatment whether or not availed locally or abroad of more than nominal value; or & A travel grant or expense for travel taking place entirely outside the Philippines (such as allowances, transportation, food and lodging) if Such acceptance is appropriate. 7) The acceptance by MWSS Officers and employees of a scholarship or ‘slowship grant, taking place within or outside of the Philippines (such as allowances, transportation, food and lodging) of more than nominal value, if such acceptance is appropriate and consistent with law and the interests of the MWSS, subject to the approval of the (1) Administrator for all oficers and employees of MWSS and the (2) Governance Committee for members of the Board of Trustees: 8) The acceptance or availment by MWSS officers and employees of grants from local or foreign institutions in the pursuit of the mandates, projects ama activities, such as those coming from the ADB, World Bank, USAID, ete, Provided that the availment thereof shall be strictly in compliance with applicable procurement laws, rules and regulations. Qbligations of the MWSS Trustees, Officers and Employees (No. VI of the No Gift Policy) Requirement to Inform — MWSS Trustees, officers and employees are required {0 offically inform any individual or organization with any actual or potential Pusiness with MWSS of the "No Gift Policy” including the reasons why MWSS has adopted such policy. MWSS shall likewise request the indivdual op organization to respect this “No Gift Policy’ Return and Acknowledgement of Gift — If any MWSS Trustee, officer and employee receives a gift covered by the Policy, such gift, if feasible. shall immediately and politely be declined. In the event that it is not feasible. or i is inappropriate or impractical to retum the gif, e.g. is a perishable item, the gift shall be donated to an appropriate charitable or social welfare institution, ‘An acknowledgement letter shall be sent to the donor informing him/her of the ’No Gift Policy” or that the gift has been returned or donated to a charitable or social welfare institution. Section 6. Statements and Disclosure. MWSS officials and employees shall accomplish and submit declaration under oath of their assets, liabilities, networth and financial and business traracts including those of their spouses and unmarried children under 18 years of age living in their households. Section 7. Divestment and Conflict of Interest. An MWSS official and employee shall avoid conflicts of interest at all times. When a Conflict of interest arises, he/she shall resign from his/her Position in any private business enterprise within thirty (30) days from his/her assumption of office and/or divest himself/herself of his/her shareholdings or interest within sixty (60) days from such assumption. ‘The Same rule shall apply where the MWSS official or employee is a partner in a partnership. The rate etercc! divestment shall not apply to those who serve the MWSS in an honorary capacity nor to laborers and casual or temporary workers. Section 8. Privacy of Personal Information of MWSS officers and employees. Full protection shall be afforded by the MWS to its officers and employees’ right to privacy pursuant to the Data Privacy Act of 2012. Requests and release of information pertaining to personnel records shall be made pursuant to CSC Memorandum Circular No. 58, s. 1990 and the MWSS Freedom of Information Manual (Implementing Details) dated 17 November 2016. Section 9. Hiring and Promotion. All Appointments, hiring and promotion at MWSS shall be made only according to the principle of merit and fitness. There shall be equal employment opportunity for men and women at all levels of position in MWSS, provided they meet the minimum fequirements of the position to be filled. There shall be no discrimination in the selection of employees on account of sex, sexual orientation and gender identity, civil status, disabity, religion, ethnicity or political affiliation Section 10. Penalties. The MWSS officials and employees who shall violate any prohibited acts enumerated herein shall be punished in accordance with the penalties, rules and procedures on administrative and/or civil cases of the Civil Service Commission, or the office of the Ombudsman cr the Sandiganbayan, or the Presidential Anti-Graft Commission as the case may be or/and whenever and wherever applicable. Section 11. Nothing in this Code of Conduct and Ethical Standards shall be construed to derogate from any law or any regulation prescribed by any appropriate body or agency of the Government. which provides for more stringent standards for public officials and employees, Section 12. Separabilty. If any provision of this Code or the application of such provision is declared invalid or illegal, the other provisions hereof or the application of other provisions of this Code shall nphbe affected by such declaration. PDDG REYNALDO V. VELASCO (Ret) Administrator Metropolitan Waterworks and Sewerage System No Gift Policy 27 March 2014 MWSS NO GIFT POLICY Table of Contents ATO) MENSEAISS 6G YS ee 1 DEFINITIONSOF TERMS gg IL# MANDATE OF MWSS 6H UL VE LIC OFF! a Rev 0: 27 March 2014 Page 2 of 10 IMWSS NO GIFT POLICY eee ABOUT THIS POLIC With the approval of the Governance Commission for GOCCs (GCG), the Metropolitan Waterworks and Sewerage System (MWSS) hereby adopts this No Gift Policypursuant to the following: 1. Section 1, Article XI of the 1987 Constitution; 2. RA 3019, Anti-Graft and Corrupt Practices Act; 3. RA6713, Code of Ethical Standards for Public Officials and Employees; 4. Code of Corporate Governance for GOCCs (GCG Memorandum Circular 2012-07); and 5. No Gift Policy(GCG Memorandum Circular 2012-12) This policyctarifiesthe meaning of “gifts” that may or may not be accepted by MWSS Trustees Officers and Employees in relation to the constitutional principle that “Public Office is @ Public Trust'while further reminding them to continuously lead modest lives. {n anticipation of certain future situationsrelative to the “acceptance or non-acceptance of gift by MWSS Trustees, Officers and Employees that may have not been covered by this Policy,amendments shall be accordingly introduced to this ‘No Gift Policy” to fully address the issue. GERARDO A. |. ESQUIVEL ‘Acting MWSS Chairman Rev 0: 27 March 2014 Page 3 0f 10 IMWSS NO GIFT POLICY |. Definitions of Terms ‘Section 1.Definition of Terms. — For purposes of this Manual, the following terms shall have the following meanings: "Advertisements" refer to notice given in a manner designed to attract public attention; information communicated to the public, or to an individual concerned, by ‘means of hanabills or the newspaper. (Black's Law Dictionary) “Allowances” refer to an amount of money given or allotted usually at regular intervals for a specific purpose. “Anti-Graft and Corrupt Practices Act” refers to Republic Act No. 3019, approved on August 17, 1960. 'A Thing of Monetary value" refers to one which is evidently or manifestly excessive by its very nature “Board of Trustees/Trustees” of MWSS refers to the collegial body that exercises the corporate powers, conducts all business of MWSS,whether it be formally referred to as the “Board of Trustees” or some other term in its Charter, Articles of Incorporation or By-laws. “Charter‘refers to R.A. 6234, as amended, creating the MWSS. “Code of Conduct and Ethical Standards” refer to Republic Act No. 6713 approved on February 20, 1989. "Commodatum” refers to a contract whereby one of the parties delivers to another ‘something not consumable so that the latter may use the same for a certain time and return “Discounts” refer to a deduction from the usual cost of something, typically given for prompt or advance payment or to a special category of buyers. “Entertainment” refers to the action of providing or being provided with amusement or enjoyment. “Favor” refers to an act of kindness beyond what is due or usual. “Fellowship grant’ refers to funding designed to help an applicant either financially or by providing valuable on-the-job training, “Foreign grant” refers to economic, military, technical, and financial assistance given ‘on an international and usually inter-governmental level with no repayment obligation. “Gif” refers {o a thing or a right disposed of gratuitously, or any act of liberality, in favor of another who accepts it and shall include a simulated sale or an ostensibly onerous disposition thereof. Rev 0: 27 March 2014 Page 4 0f 10 MWSS NO GIFT POLICY “Gratuity” refers to afavor or gift, usually in the form of money, given in return for service. “Honoraria” refersto an honorary or free gift; a gratuitous payment, as distinguished from hire or compensation for service; a lawyer's or counselor's fee. (Black's Law Dictionary); An honorarium is defined as something given not as a matter of obligation but in appreciation for services rendered, a voluntary donation in consideration of services which admit of no compensation in money (Santiago vs. COA; GR. No. 92284, July 12, 1981). ‘Loan” refers to simple loan and commodatumas well as guarantees, financing arrangement or accommodation intended to ensure its approval. Commodatumrefers to a contract whereby one of the parties delivers to another something not consumable 0 that the latter may use the same for a certain time and return it. “MWSS Corporate Office’, MWSS-CO" refers to the MWSS office's retained functions after the privatization in 1997, as differentiated from the functions of the MWSS Regulatory Office. “Public Servant" refers to a government official or employee. “Public Office” refers to the right, authority and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some Portion of the sovereign functions of the government to be exercised by him for the benefit of the public. “Public Officials” or “Public Officers’ refer to elective and appointive officials and employees, whether permanent or temporary, whether in the career or non-career service, whether or not they receive compensation, regardless of amount, who are in the National Government, and all other instrumentalities, agencies or branches of the Republic of the Philippines, including government-owned-or-controlled corporations, and their subsidiaries. “Rebates” refer to discount; reducing the interest of money in consideration of prompt payment. (Black's Law Dictionary) “Sponsorship” refers to the act of supporting a person, organization, or activity by giving money, encouragement, or other help. “Trustee” refers to any member of the Governing Board of MWSS, whether it be formally referred to as the “Board of Trustees" or some other term in its Charter, Articles of Incorporation or By-Laws. “Waiver” refersto the intentional relinquishment of a known right.(Castro vs. Del Rosario, 19 SCRA 196) “Officers” refer to both members of the Management Committee and the Board Officers. ‘Article 8 of Concession Agreement between MWSS and MWC, 2 February 1987 Rev0: 27 March 2014 Page 5 of 10 MWSS NO GIFT POLICY “Public Officials” or “Public Officers” refer to elective and appointive officials and ‘employees, whether permanent or temporary, whether in the career or non-career service, whether or not they receive compensation, regardless of amount, who are in the National Government, and all other instrumentalities, agencies or branches of the Republic of the Philippines, including government-owned-or-controlled corporations, and their subsidiaries. SEC. 2. Singular Term Include the Plural. - Unless otherwise indicated in thispolicy, any reference to a singular shalll apply as well to the plural, and vice versa. Sec. 3. Coverage. — This policy shall be observed by the MWSS Board of Trustees and the Officers and Employees of the MWSS Corporate Office (MWSS-CO). MANDATE OF MWSS Sec. 4. MWSS Mandate. — Under its Charter, the MWSS is mandated to provide for the proper operation and maintenance of waterworks system to ensure an uninterrupted and adequate supply of potable water and the proper operation and maintenance of sewerage systems in its service areas, comprising the cities in Metro Manila, all of Rizal and Bulacan provinces, as well as portions of Cavite (Cavite City, Bacoor, Imus, Kawit, Noveleta and Rosario), and such other areas that may be included in the MWSS service areas in the future. CONSTITUTIONAL POLICY GOVERNING PUBLIC OFFICERS ‘SEC. 5. Accountability of Public Officers. - Section 1, Article XI of the 1987 Constitution ‘enunciates the accountability of public officers and employees, thus: “SECTION 1. PUBLIC OFFICE IS A PUBLIC TRUST. Public officer 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.” Sec. 6.Reiteration of Accountability. — Section 1 of the Code of Conduct and Ethical Standards of Public Officials and Employees‘reiterates theaccountability of Public Officials and Employees, thus: “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.” Rao Rev 0: 27 March 2014 Page 6 of 10 MWS NO GIFT POLICY LEGAL BASIS FOR NON-ACCEPTANCE OF GIFTS BY Mwss TRUSTE! OFFICIALS AND EMPLOYEES SEC. 7. Policy of the Philippine Govemment.° — In line with the principle that public office is a public trust, there is a need to repress certain acts of public officers and private persons alike that constitute graft or corrupt practices or which may lead thereto SEC. 8. Anti-Graft and Corrupt Practices Act.’- Among other acts or omissions, the following shall constitute corrupt practices of any public officer and thereby declared to be unlawful: “(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other party, wherein the Public officer in his official capacity has to intervene under the law." “(©) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given SEC. 9.Code of Conduct and Ethical Standards. The Code of Conduct and Ethical Standards for Public Officials and Employees provides that "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.” Des OF THI ISS-CORPORATE OFFICE OF A “No GIFT PoLicy” ‘SEC.10. Declaration of Policy.*— Being constituted of public servants who adhere to the principle that public office is a public trust, MWSS is committed to the highest standards of ethics and conduct. MWSS requires that all of its officers and employees Practice and demonstrate equal treatment, unbiased professionalism, and non- discriminatory actions in the performance of their duties and functions without expectation of any undue favor or reward. The MWSS adopts this “No Gift Policy” to avoid any conflict of interest or the semblance of a conflict of interest. SEC. 11. No Gift Policy.” - The MWSS Trustees, Officers and Employees shall NOT SOLICIT OR ACCEPT, directly or indirectly, any gift®, gratuity, favor, entertainment, loan®, or use ofanything, or anything of monetary value” from a person, groups, associations, or juridical entities, at any time, on or off the work premises, in the course $ec4. RA. 3108, AntGraft and Corrupt Practices Act {Sec 3, R.A 3019, Ant-Graft and Corrupt Practices Act; Sec2.2 of GCG MC 2012-12-No Git Policy {Sec 7d), RA. 6733, Code of Conduct and Ethical Standarés for Pubic Oficial ang Employees ‘Sec. 5, 60 MC No. 2012-12 "adopted from Seaton 7(4) of RA 6713 (Code of Conduct and Ethical Standards for Pubic Offcals and Employees) and its {implementing Rules ang Regulations Nd “Loan covers simple loan and commodatum as well as guarantees, financing arrangement or accommodation intended to ensure is approval. gat? Rev 0: 27 March 2014 Page 7 of 10 IMWSS NO GIFT POLICY of their official duties during or in connection with any operation being regulated by, or any transaction which may be influenced or otherwise affectedby the functions of their office. SEC. 12. Exemptions. The following are not covered by this rule: 1) Honoraria given as speaker or resource person in seminars or where the MWSS officer or employee is participating by reason of his/ner office subject to existing rules allowed by law."'The acceptance of honoraria shall followSec. 44, General Provisions of the General Appropriations Actof2013, 2) Unsolicited gift of nominal or insignificant value’ not given in anticipation of, or in exchange for a favor from a public official or employee or given after the transaction is completed or service is rendered. As to what is a gift of nominal value will depend on the circumstances of each case taking into account the salary of the official or employee, the frequency or infrequency of the giving, the expectation of benefits and other similar factors. 3) A gift from a member of his family or relative as definedhereinon the occasion of a family celebration and without any expectation of pecuniary gain or benefit." 4) Nominal donations from persons with no regular, pending, or expected transactions with the department, office or agency which the official or ‘employee. is connected and without any expectation of pecuniary gain or benefits. 5) Donations coming from private organizations whether local or foreign which are considered and accepted as humanitarian and altruistic in purpose and mission." 6) Donations from government to government entities. The acceptance andlor retention of the following gifts or grants from foreign governments are allowed Subject to the approval of the (1) Administrator for all officers and employees of MWS and (2) Governance Committee for members of the Board of Trustees: a. A

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