PUBLIC ACCOUNTABILITY

R.A. 6713 (Code of Conduct)

R.A. 3019 (Anti-Graft)
by:
D. ZAINAL D. KULIDTOD
Former Assistant Dean,
College of Social Sciences and Humanities
MINDANAO STATE UNIVERSITY
Marawi City
 PUBLIC ACCOUNTABILITY
• In the Philippine governmental system, what is
legal is separated from what is moral.
• This is based on the declared principle of the
Philippine state as stated in Article II, Section 6
that “The separation of church and state shall be
inviolable.”
• For example, gambling in the country is legalized
but it is still immoral; or living together, w/o the
benefit of marriage, of a man and a woman is
sanctioned by the Family Code but it is still
immoral.
• On the contrary, civil disobedience is
morally permissible as a way of expressing
our discomfort to the government, but it is
unlawful.
• Moreover, truth in the church is moral truth
while that of the state is legal truth.
• To illustrate, even if it is really true that A
killed B, but if there is no eye-witness (or
lack of sufficient evidence establishing proof
beyond doubt), A could not be convicted
nor punished.
• However, speaking of ethics in
the governmental service, what is
moral and what is legal are fused
together.
• Hence, the code of conduct that
government officials and
employees must observe at all
times are codified in the existing
laws.
• ‘Public trust’ = public service is not a business
enterprise to gain property.
• ‘modest lives’ = simple living; in accordance with
your means.
• ‘all times’ = there is no dichotomy of morality;
public servant must be morally upright in both
his private and public life; except, in highly
sensitive position (i.e., US Presidency) [Take the
case of Pres. Clinton]
 Executive Order 292 (Administrative Code of 1987,
Book V),
• Section 46. Discipline: General Provisions. - “(a) No
officer or employee in the Civil Service shall be
suspended or dismissed except for cause as
provided by law and after due process; (b) The
following shall be grounds for disciplinary action:
(1) Dishonesty; (2) Oppression; (3) Neglect of duty;
(4) Misconduct; (5) Disgraceful and immoral
conduct; (6) Being notoriously undesirable; (7)
Discourtesy in the course f official duties; (8)
Inefficiency and incompetence in the performance
of official duties;
• (9) Receiving for personal use of a fee, gift or
other valuable thing in the course of official duties
or in connection therewith when such fee, gift, or
other valuable thing is given by any person in the
hope or expectation of receiving favor or better
treatment than that accorded other persons, or
committing acts punishable under the anti-graft
laws;
• (10) Conviction of a crime involving moral
turpitude;
• (11) Improper or unauthorized solicitation of
contributions from subordinate employees and by
teachers or school officials from school children;
• (12) Violation of existing Civil Service Law and
rules or reasonable office regulations; (13)
Falsification of official document; (14) Frequent
unauthorized absences or tardiness in reporting
for duty, loafing or frequently unauthorized
absence from duty during regular office hours;
(15) Habitual drunkenness; (16) Gambling
prohibited by law; (17) Refusal to perform official
duty or render overtime service; (18) Disgraceful,
immoral or dishonest conduct prior to entering
the service;
• (19) Physical or mental incapacity or disability
due to immoral or vicious habits; (20) Borrowing
money by superior officers from subordinates or
lending by subordinates to superior officers; (21)
Lending money at usurious rates or interest; (22)
Willful failure to pay just debts or willful failure to
pay taxes due to the government; (23)
Contracting loans of money or other property
from persons with whom the office of the
employee concerned has business relations;
• (24) Pursuit of private business, vocation or
profession without the permission required by Civil
Service rules and regulations; (25) Insubordination;
(26) Engaging directly or indirectly in partisan
political activities by one holding a non-political
office; (27) Conduct prejudicial to the best interest
of the service; (28) Lobbying for personal interest
or gain in legislative halls and offices without
authority; (29) Promoting the sale of tickets in
behalf of private enterprises that are not intended
for charitable or public welfare purposes and even
in the latter cases if there is no prior authority; (30)
Nepotism as defined in Section 59 of this Title.”
• Section 51: Preventive Suspension. “The
proper disciplining authority may
preventively suspend any subordinate officer
or employee under his authority pending an
investigation, if the charge against such
officer or employee involves dishonesty,
oppression or grave misconduct, or neglect
in the performance of duty, or if there are
reasons to believe that the respondent is
guilty of charges which would warrant his
removal from the service.”
• Chapter 7 [PROHIBITIONS]
• Section 55: Political Activity. – “No officer or
employee in the Civil Service including members
of the Armed Forces, shall engage directly or
indirectly in any partisan political activity or take
part in any election except to vote nor shall he use
his official authority or influence to coerce the
political activity of any other person or body.
• Nothing herein provided shall be understood to
prevent any officer or employee from expressing
his views on current political problems or issues,
or from mentioning the names of candidates for
public office whom he supports: . . .”
• Section 59. Nepotism. - (1) All appointments in the
national, provincial, city and municipal governments or
in any branch or instrumentality thereof, including
government-owned or controlled corporations, made in
favor of a relative of the appointing or recommending
authority, or of the chief of the bureau or office, or of
the persons exercising immediate supervision over him,
are hereby prohibited.
• As used in this Section, the word "relative" and members
of the family referred to are those related within the
third degree either or consanguinity or of affinity.
• Exceptions: (a) persons employed in a confidential
capacity, (b) teachers, (c) physicians, and (d) members of
the Armed Forces of the Philippines.
• In that case of Samson vs. Restrivera, the CA
made the following pronouncement: “
’Professionalism’ is defined as the conduct,
aims, or qualities that characterize or mark
a profession.
• A professional refers to a person who
engages in an activity with great
competence. Indeed, to call a person a
professional is to describe him as
competent, efficient, experienced,
proficient or polished.
• In the context of Section 4 (A)(b) of R.A. No.
6713, the observance of professionalism also
means upholding the integrity of public office
by endeavoring "to discourage wrong
perception of their roles as dispensers or
peddlers of undue patronage."
• Thus, a public official or employee should
avoid any appearance of impropriety
affecting the integrity of government
services.
• 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.
• In the case of Muyco vs. Saratan (A.M.
No. P-03-1761, April 2,2004), as a public
employee, it is respondent’s duty to act
on the letters and requests of the
public within 15 working days from the
time she receives them and to attend
promptly and expeditiously to anyone
who wants to avail of the services of
her office.
• Repeatedly, we have emphasized the heavy
burden and responsibility which the court officials
and employees are mandated to observe, in view
of their exalted positions as keepers of the public
faith.0
• They are constantly reminded that any impression
of impropriety, misdeed or negligence in the
performance of official functions must be avoided.
• We will never countenance any conduct, act or
omission on the part of all those involved in the
administration of justice that would violate the
norm of public accountability and diminish the
faith of the people in the judiciary.
• (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 3. Corrupt practices of public officers.
• (a) Persuading, inducing or influencing another public
officer to perform an act constituting a violation of rules
and regulations duly promulgated by competent authority
or an offense in connection with the official duties of the
latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
• (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 part,
wherein the public officer in his official capacity has to
intervene under the law.
• (c) 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,
without prejudice to Section thirteen of this Act.
• (d) Accepting or having any member of his family
accept employment in a private enterprise which
has pending official business with him during the
pendency thereof or within one year after its
termination.
• (e) Causing any undue injury to any party, including the
Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his
official administrative or judicial functions through manifest
partiality, evident bad faith or gross inexcusable negligence.
This provision shall apply to officers and employees of
offices or government corporations charged with the grant
of licenses or permits or other concessions.
• (f) Neglecting or refusing, after due demand or request,
without sufficient justification, to act within a reasonable
time on any matter pending before him for the purpose of
obtaining, directly or indirectly, from any person interested
in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest or
giving undue advantage in favor of or discriminating against
any other interested party.
• (g) Entering, on behalf of the Government, into
any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
• (h) Director or indirectly having financing or
pecuniary interest in any business, contract or
transaction in connection with which he
intervenes or takes part in his official capacity, or
in which he is prohibited by the Constitution or by
any law from having any interest.
• (i) Directly or indirectly becoming interested, for
personal gain, or having a material interest in any
transaction or act requiring the approval of a
board, panel or group of which he is a member,
and which exercises discretion in such approval,
even if he votes against the same or does not
participate in the action of the board, committee,
panel or group.
• Interest for personal gain shall be presumed
against those public officers responsible for the
approval of manifestly unlawful, inequitable, or
irregular transaction or acts by the board, panel
or group to which they belong.
• (j) Knowingly approving or granting any license,
permit, privilege or benefit in favor of any person
not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not
so qualified or entitled.
• (k) Divulging valuable information of a
confidential character, acquired by his office or by
him on account of his official position to
unauthorized persons, or releasing such
information in advance of its authorized release
date.
• Section 4. Prohibition on private individuals. (a) It shall
be unlawful for any person having family or close
personal relation with any public official to capitalize or
exploit or take advantage of such family or close personal
relation by directly or indirectly requesting or receiving
any present, gift or material or pecuniary advantage from
any other person having some business, transaction,
application, request or contract with the government, in
which such public official has to intervene. Family
relation shall include the spouse or relatives by
consanguinity or affinity in the third civil degree. The
word "close personal relation" shall include close
personal friendship, social and fraternal connections, and
professional employment all giving rise to intimacy which
assures free access to such public officer.
• Section 5. Prohibition on certain relatives. It shall be unlawful for
the spouse or for any relative, by consanguinity or affinity, within
the third civil degree, of the President of the Philippines, the Vice-
President of the Philippines, the President of the Senate, or the
Speaker of the House of Representatives, to intervene, directly or
indirectly, in any business, transaction, contract or application with
the Government:
• Provided, That this section shall not apply to any person who, prior
to the assumption of office of any of the above officials to whom
he is related, has been already dealing with the Government along
the same line of business, nor to any transaction, contract or
application already existing or pending at the time of such
assumption of public office, nor to any application filed by him the
approval of which is not discretionary on the part of the official or
officials concerned but depends upon compliance with requisites
provided by law, or rules or regulations issued pursuant to law, nor
to any act lawfully performed in an official capacity or in the
exercise of a profession.
• Section 6. Prohibition on Members of Congress. It shall be
unlawful hereafter for any Member of the Congress during the
term for which he has been elected, to acquire or receive any
personal pecuniary interest in any specific business enterprise
which will be directly and particularly favored or benefited by
any law or resolution authored by him previously approved or
adopted by the Congress during the same term.
• The provision of this section shall apply to any other public
officer who recommended the initiation in Congress of the
enactment or adoption of any law or resolution, and acquires
or receives any such interest during his incumbency.
• It shall likewise be unlawful for such member of Congress or
other public officer, who, having such interest prior to the
approval of such law or resolution authored or recommended
by him, continues for thirty days after such approval to retain
such interest.
• Section 13. Suspension and loss of benefits. Any
public officer against whom any criminal
prosecution under a valid information under this
Act or under the provisions of the Revised Penal
Code on bribery is pending in court, shall be
suspended from office.
• Should he be convicted by final judgment, he
shall lose all retirement or gratuity benefits under
any law, but if he is acquitted, he shall be entitled
to reinstatement and to the salaries and benefits
which he failed to receive during suspension,
unless in the meantime administrative
proceedings have been filed against him.
 Sukran
for
Listening !