Understanding Republic Act No.

6713
(Code of Conduct and Ethical Standards for
Public Officials & Employees)

ATTY. ROSEMARIE M. WAILAN

Regional Legal Officer
Department of Education Regional Office I
R B Y
RR T N
N OT S
D T P
S LI TI G T
L V __ L E T L
H
SECTION 1, ARTICLE XI, Accountability of
Public Officers- 1987 PC

Public office is a public trust. Public officers 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.
The phrase “public office is a public trust” refers to a
representative government, the officers being mere agents
and not rulers of the people, one where no one man or set of
men has a proprietary or constitutional right to an office, but
where every other officer accepts office pursuant to the
provisions of law and holds the office as a trust to the
people.
 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
 REPUBLIC ACT NO. 6713
This act shall be known as the “CODE OF
CONDUCT AND ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND EMPLOYEES.”
(Section 1)
 DECLARATION OF POLICIES
It is the policy of the State to promote a high standard of ETHICS in
public service. Public officials and employees shall at all times be accountable to
the people and shall discharge their duties with utmost responsibility, integrity,
competence, and loyalty, act with patriotism and justice, lead modest lives, and
uphold public interest over personal interest. (Section 2)
Definition of
Terms
ETHICS refers to a system of principles of conduct that
guide the behavior of a person. It is concerned with
individual character like being a “good person”. It is
concerned with the character of an entire society,
culture or profession.
MORALS are values related to a system of beliefs -
religious system, business or political system.
 ETHICS MORALS

G u i d i n g principles of conduct of Principles on which one’s

a n individual/group judgments of right a n d wrong
are based
Influenced by profession, field, Influenced by society, culture
organization, etc. a n d religion

Related to professional work Not related to professional

work

Uniform compared to morals Vary according to different

cultures a n d religions
 “GOVERNMENT”
 includes the:
a. National Government
b. Local Governments
c. All other instrumentalities, agencies of branches of the
Republic of the Philippines including
d. Government-owned or controlled corporation and their
subsidiaries.
 “PUBLIC OFFICIALS”
includes:
 Elective and appointive officials and employees
 Permanent or temporary
 Whether in the career and non-career service including military
and police personnel
 Whether or not they receive compensation, regardless of amount.
 “GIFT”
 Refers to 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. It shall not
include an unsolicited gift of nominal or insignificant
value not given in anticipation of, or in exchange for,
a favor from a public official or employee.
 “RECEIVING ANY GIFT”
 Includes the act of accepting, directly or
indirectly, a gift from a person other than a
member of his family or relative as defined in
this Act, even on the occasion of a family
celebration or national festivity like Christmas, if
the value of the gift is neither nominal nor
insignificant, or the gift is given in anticipation
of, or in exchange for, a favor.
 “LOAN”
 covers both simple loan and commodatum as
well as guarantees, financing arrangements or
accommodations intended to ensure its
approval.
 “FAMILY OF PUBLIC
OFFICIALS OR
EMPLOYEES”
Means their spouses and unmarried
children under eighteen (18) years
of age
 “CONFLICT OF INTEREST”
 arises when a public official or employee is a member
of a board, an officer, or a substantial stockholder of a
private corporation or owner or has a substantial
interest of such corporation or business, or his rights or
duties therein, may be opposed to or affected by
faithful performance of official duty.
 “DIVESTMENT”
 is the transfer of title or disposal of interest in
property by voluntarily, completely and
actually depriving or dispossessing oneself of his
right or title to it in favor of a person or persons
other than his spouse and relatives (as defined
in this Act).
 “RELATIVES”
 refers to any and all persons related to a
public official or employee within the
fourth civil degree of consanguinity or
affinity, including bilas, inso, and balae.
 NORMS OF CONDUCT OF PUBLIC
OFFICIALS AND EMPLOYEES
1. COMMITMENT TO PUBLIC INTEREST
 Public officials and employees shall always uphold the
public interest over and above personal interest. All
government resources and powers of their respective offices
must be employed and used efficiently, effectively, honestly
and economically, particularly to avoid wastage in public
funds and revenues.
 NORMS OF CONDUCT OF PUBLIC
OFFICIALS AND EMPLOYEES
2. PROFESSIONALISM
 Public officials and employees shall perform and discharge their
duties with the highest degree of excellence, professionalism,
intelligence and skill. They shall enter public service with utmost
devotion and dedication to duty. They shall endeavor to
discourage wrong perceptions of their roles as dispensers or
peddlers of undue patronage.
 NORMS OF CONDUCT OF PUBLIC
OFFICIALS AND EMPLOYEES
3. JUSTNESS AND SINCERITY
 Public officials and employees shall remain true to the people at 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.
 NORMS OF CONDUCT OF PUBLIC
OFFICIALS AND EMPLOYEES
4. POLITICAL NEUTRALITY

 Public officials and employees shall provide service to everyone

without unfair discrimination and regardless of party affiliation
or preference
 NORMS OF CONDUCT OF PUBLIC
OFFICIALS AND EMPLOYEES
●DepEd Order No. 48, series of 2018
●Prohibition on Electioneering and Partisan Political Activity
●Section 79, Article X , Omnibus Election Code

(b)The term "election campaign" or "partisan political activity" refers to an

act designed to promote the election or defeat of a particular candidate or
candidates to a public office which shall include:

(1)Forming organizations, associations, clubs, committees or other groups of

persons for the purpose of soliciting votes and/or undertaking any campaign
for or against a candidate;
(2)Holding political caucuses, conferences, meetings, rallies, parades, or other
similar assemblies, for the purpose of soliciting votes and/or undertaking any
campaign or propaganda for or against a candidate; xxxx
(3)Making speeches, announcements or commentaries, or
holding interviews for or against the election of any
candidate for public office;
(4)Publishing or distributing campaign literature or materials
designed to
●support or oppose the election of any candidate; or
(5)Directly or indirectly soliciting votes, pledges or support
for or against a candidate.
 CS C Memorandum Circular No. 09, series of 1992

●Election campaigns and partisan political activities include:

a) Wearing of t-shirts or pins, caps or any other similar election paraphernalia
bearing the names of the candidates or political party except as authorized
by the Commission on Elections;
b) Being a watcher for a political party or candidate during the election;
c) Consistent presence in political rallies, caucuses of, and continuous
companionship with certain political candidates and/or political party in
said political activities, causing the employees to be closely identified with
suc h candidate and/or with political party;
d) Giving personal, financial or other monetary
contribution, supplies, equipment and materials for the
benefit of a candidate and/or political party;
e) Utilizing government resources such as personnel
including job orders or
● contract of service hires, time and properties for political
purposes.
●EXCLUDED ACTIVITIES

●The following acts are deemed excluded from the

coverage of electioneering and partisan political activity:
a) Casting one’s vote;
b) Expressing one’s views on current political problems or
issues;
c) Mentioning the names of candidates or parties whom one
supports;
a) Public expressions, opinions, or discussions of probable
issues in a forthcoming election, or on attributes of or
criticisms against probable candidates to be nominated in
a forthcoming political party convention;
b) Social media functions such as “liking,” commenting,
“sharing,” re-posting, or following a candidate’s or party’s
account, unless these are resorted as a means to solicit
support for or against a candidate or party during the
campaign period.
 NORMS OF CONDUCT OF PUBLIC
OFFICIALS AND EMPLOYEES
5. RESPONSIVE TO THE PUBLIC
 Public officials and employees shall extend prompt, courteous, and adequate
service to the public. Unless otherwise provided by law or when required by the
public interest, public officials and employees shall provide information of their
policies and procedures in clear and understandable language, ensure openness of
information, public consultations and hearings whenever appropriate, encourage
suggestions, simplify and systematize policy, rules and procedures, avoid red
tape and develop an understanding and appreciation pf the socio-economic
conditions prevailing in the country, especially in the depressed rural and urban
areas.
 NORMS OF CONDUCT OF PUBLIC
OFFICIALS AND EMPLOYEES
6. NATIONALISM AND PATRIOTISM
 Public officials and employees shall at all time be loyal to the
Republic and to the Filipino people, promote the use of locally
produced goods, resources and technology and encourage
appreciation and pride of country and people. They shall
endeavor to maintain and defend Philippine sovereignty against
foreign intrusion.
 “Aming ligaya n a ’pag m a y m a n g - a a p i /
● A n g m a m a t ay n an g dahil s a ’ y o .”

● LU PA N G H I N I R A N G
 NORMS OF CONDUCT OF PUBLIC
OFFICIALS AND EMPLOYEES
7. COMMITMENT TO DEMOCRACY
 Public officials and employees shall commit themselves to the
democratic way of life and values, maintain the principle of
public accountability, and manifest by deeds the supremacy of
civilian authority over the military. They shall at all times uphold
the Constitution and put loyalty to country above loyalty to
persons of party.
 NORMS OF CONDUCT OF PUBLIC
OFFICIALS AND EMPLOYEES
8. SIMPLE LIVING
 Public officials and employees and their families shall
lead modest lives appropriate to their positions and
income. They shall not indulge in extravagant
ostentatious display of wealth in any form.
 DUTIES OF PUBLIC OFFICIALS AND
EMPLOYEES
1. Act promptly on letters and requests
 all public officials and employees shall, within 15
working days from receipt thereof, respond to letters,
telegrams or other means of communications sent by the
public
 Reply must contain the action taken on the request
 DUTIES OF PUBLIC OFFICIALS AND
EMPLOYEES
2. Submit annual performance reports
 All heads or other responsible officers of offices and agencies of the
government and of gocc shall, within 45 working days from the end
of the year, render performance report of the agency or office or
corporation concerned.
 Such report shall be open and available to the public within regular
office hours.
 DUTIES OF PUBLIC OFFICIALS AND
EMPLOYEES
3. 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.
 DUTIES OF PUBLIC OFFICIALS AND
EMPLOYEES
4. Act immediately on the public’s personal transaction
 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.
 DUTIES OF PUBLIC OFFICIALS AND
EMPLOYEES
5. 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.
●ARTA LAW (Anti-Red Tape Act of 2007)
●Republic Act No. 9485
●An Act To Improve Efficiency In The Delivery Of Government Service To
The Public By Reducing Bureaucratic Red Tape, Preventing Graft And
Corruption, And Providing Penalties Therefor
●EASE OF DOING BUSINESS LAW (EODB Law)
●Republic Act No. 11032
●The Ease of Doing Business and Efficient Government Service Delivery Act
of 2018
• Signed into law on May 28, 2018
• Rodrigo Roa Duterte
●Objectives:
• Amends R.A. No. 9485 or the Anti-Red Tape Act of 2007
• Mandates all government offices and agencies including local
government units (LGUs), Government Owned or Controlled
Corporations (GOCCs) and other government instrumentalities to
provide services covering business and non-business related
transactions, which adopts simplified procedures that will reduce red
tape and expedite transactions in government.
●Kinds of Transaction (Section 4)

• Simple Transaction - ministerial actions; inconsequential issues for

resolution;
• Complex Transaction - necessitates evaluation; complicated
issues; and
• Highly Technical Application – uses technical knowledge,
specialized skills and/or training in the processing and/or
evaluation.
●Lead Time for Transactions (Section 9)

• Three (3) days – Simple transactions

• Seven (7) days – Complex transactions

• Twenty (20) days – Highly technical applications

●Adoption of working schedules to serve clients (Section 9 [f])

• N O C U T OFF TIME - All applicants/requesting parties who are in

the government office’s premises prior to the end of official
working hours must be attended to.

• N O L U N C H BREAK
PROHIBITED ACTS AND TRANSACTIONS

(SEC. 7)
 A. FINANCIAL AND MATERIAL
INTEREST

 Public officials and employees shall not, directly or

indirectly, have any financial and material interest in any
transaction requiring the approval of their office.
 B. OUTSIDE EMPLOYMENT AND
ACTIVITIES RELATED THERETO
Public officials and employees during their incumbency shall not:
1. Own, control, manage or accept employment as officer,
employee, consultant, counsel, broker, agent, trustee, or nominee in
any private enterprise regulated, supervised or licensed by their
office unless expressly allowed by law;
 B. OUTSIDE EMPLOYMENT AND
ACTIVITIES RELATED THERETO.
2. Engage in the private practice of profession unless
authorized by the Constitution or law, provided that such
practice will not conflict or tend to conflict with their official
functions; or
3. Recommend any person to any position in a private
enterprise which has a regular or pending official transaction
with their office.
 These prohibitions shall continue to apply for a period of one (1)
year after resignation, retirement, or separation from public office, except
in the case of subparagraph (b)(2) above, but the professional concerned
cannot practice his profession in connection with any matter before the
office he used to be with, in which case the one-year prohibition shall
likewise apply.
C. DISCLOSURE AND/ OR MISUSE OF
CONFIDENTIAL INFORMATION
 Public officials and employees shall not use or divulge,
confidential or classified information officially known to them
by reason of their office and or made available to the public,
either:
 1. To further their private interests, or give undue advantage to
anyone; or
 2. To prejudice the public interest.
D. SOLICITATION OR ACCEPTANCE OF GIFTS
 Public officials and employees shall not solicit or accept,
directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value from
any person in the course of their official duties or in
connection with any operation being regulated by, or any
transaction which may be affected by the functions of
their office.
xxx

Nothing in this Act shall be construed to restrict or prohibit

any educational, scientific or cultural exchange programs
subject to national security requirements.
 STATEMENTS AND DISCLOSURE (SEC.8)

Public officials and employees have the obligation to

accomplish and submit declarations under oath of, and the
public has the right to know, their assets, liabilities, net worth
and financial and business interests including those of their
spouses and of unmarried children under eighteen (18) years
of age living their households.
 STATEMENTS AND DISCLOSURE (SEC.8)
A) STATEMENT OF ASSETS AND LIABILITIES AND
FINANCIAL DISCLOSURE (SALN)
All public officials and employees, except those who serve in an honorary
capacity, laborers and casual or temporary workers, shall file under oath
their Statement of Assets, Liabilities and Net Worth and a Disclosure of
Business Interests and Financial Connections and those of their spouses
and unmarried children under 18 years of age living in their households.
 STATEMENTS AND DISCLOSURE (SEC.8)
A) STATEMENT OF ASSETS AND LIABILITIES AND
FINANCIAL DISCLOSURE (SALN)
The document must be filed:
A. Within thirty (30) days after assumption to office;
B. On or before April 30, of every year thereafter; and
C. Within 30 days after separation from service.
 STATEMENTS AND DISCLOSURE (SEC.8)
A) STATEMENT OF ASSETS AND LIABILITIES AND
FINANCIAL DISCLOSURE (SALN)
Husband and wife who are public official or employees may file the
required statements jointly or separately.

xxxxx
 STATEMENTS AND DISCLOSURE (SEC.8)
B) IDENTIFICATION AND DISCLOSURE OF RELATIVES

It shall be the duty of every public official or employee to identify and

disclose, to the best of his knowledge and information, his relatives in the
Government in the form, manner and frequency prescribed by the Civil
Service Commission.
 STATEMENTS AND DISCLOSURE (SEC.8)
C) ACCESSIBILITY OF DOCUMENTS

1) Any and all statements filed under this Act, shall be made available for
inspection at reasonable hours.

2) Such statements shall be made available for copying and reproduction

after 10 working days from the time they are files as required.
 STATEMENTS AND DISCLOSURE (SEC.8)
C) ACCESSIBILITY OF DOCUMENTS
3) Any person requesting a copy of the statement shall be
required to pay a reasonable fee to cover the cost or reproduction and
mailing of such statement, as well as the cost of certification.
4) Any statement filed under this Act shall be made available to
the public for a period of 10 years after receipt of the statement. After
such period, the statement may be destroyed unless needed in an ongoing
investigation.
 STATEMENTS AND DISCLOSURE (SEC.8)
D) PROHIBITED ACTS
It shall be unlawful for any person to obtain or use any
statement filed under this Act for:
1. any purpose contrary to morals or public policy; or
2. any commercial purpose other than by news and
communications media for dissemination to the general
public.
 DIVESTMENT (SEC. 9)
A public official or employee shall avoid conflicts of interest at all times.
When conflict of interest arises, he shall resign from his position in any
private business enterprise within 30 days from the assumption of office
and/or divest himself of his shareholdings or interest within 60 days from
such assumption.

xxx
 PENALTIES (SEC. 11)
a) Any public official or employee, regardless of whether or not he holds office or
employment in a casual, temporary, holdover, permanent or regular capacity, committing any
violation of this Act shall be punished with a FINE not exceeding the equivalent of SIX (6)
MONTHS’ SALARY OR SUSPENSION NOT EXCEEDING ONE (1) YEAR, OR
REMOVAL depending on the gravity of the offense after due notice and hearing by the
appropriate body or agency. If the violation is punishable by a heavier penalty under
another law, he shall be prosecuted under the latter statute. Violations of Sections 7,8 or 9
of this Act shall be punished with imprisonment not exceeding five (5) years, or fine not
exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of
competent jurisdiction, disqualification to hold public office.
 PENALTIES (SEC. 11)
b) Any violation hereof proven in a proper administrative proceeding shall
be sufficient cause for the removal or dismissal of a public official or
employee, even if no criminal prosecution is instituted against him.

c) Private individuals who participate in conspiracy as co-principals,

accomplices, accessories, with public official or employees, in violation of
this Act, shall be subject to the same penal liabilities as the public officials
or employees and shall be tried jointly with them.
 PENALTIES (SEC. 11)
d. The official or employee concerned may bring an action against any
person who obtains or uses a report for any purpose prohibited by Section
8(D) of this Act. The Court in which such action is brought may assess
against such person a penalty in any amount not to exceed Php 25,000.00.
If another sanction hereunder or under any other law is heavier, the latter
shall apply.
 G.R. Nos. 208481-82. February 07, 2018
OFFICE OF THE OMBUDSMAN, REPRESENTED BY
OMBUDSMAN CONCHITA CARPIO MORALES,
PETITIONER, VS. MARIA ROWENA REGALADO,
RESPONDENT

Facts of the Case:

 Respondent Regalado was a public employee,
holding the position Immigration Officer I with the
Bureau of Immigration.
In October 2006, Carmelita F. Doromal (Doromal), the
owner and administrator of St. Martha's Day Care
Center and Tutorial Center, Inc. (St. Martha's), went
to the Davao Office of the Bureau of Immigration to
inquire about its letter requiring her school to obtain
an accreditation to admit foreign students. There,
she met Regalado, who told her that she needed to
pay P50,000.00 as "processing fee" for the
accreditation.
Doromal commented that the amount was
prohibitive. Regalado responded that she could
reduce the amount. Citing a copy of Office
Memorandum Order No. RBR 00-57 of the Bureau of
Immigration, Regalado claimed that "the head office
of the Bureau of Immigration, through the
Immigration Regulation Division, ha[d] the authority
to allow the accreditation at a lower amount,
depending on her recommendation.

In January 2007, St. Martha's Assistant Headmaster,

Syren T. Diaz (Diaz) submitted to the Bureau of
Immigration the necessary papers for the school's
On April 7, 2007, Regalado called Doromal on the latter's
mobile phone asking if the school was "ready." Doromal
responded by saying that the school was ready for
inspection, but not to pay P50,000.00 as accreditation fee.
Regalado persuaded Doromal to pay P50,000.00 directly to
her by claiming that the cost of the inspection could soar
as high as P100,000.00 if it were to be done instead by
officers coming from the Bureau of Immigration's Manila
Office, as Doromal would still have to spend for the
inspectors' plane fares, billeting at the Marco Polo Hotel,
and a special dinner on top of the P50,000.00
"honorarium." Regalado insisted on how paying just
P50,000.00 directly to her would benefit Doromal. She
explained, however, that if Doromal were to tender the
Doromal later sent Regalado a text message, saying
that she could not pay P50,000.00. Regalado replied
that it if she were to decline paying P50,000.00, she
would have to go through the entire accreditation
process all over again. Doromal replied that she did
not mind re-applying, as long she would be relieved
of having to pay P50,000.00.
On April 10, 2007, Regalado sent Doromal a text
message asking to meet "so that the amount being
asked may be reduced."
On May 3, 2007, Regalado sent Doromal another text
message encouraging her to pursue the
accreditation as Regalado allegedly managed to
reduce the accreditation fee to P10,000.00.
On May 21, 2007, Regalado came to inspect St.
Martha's. When Regalado had finished, Doromal
asked if it was possible to pay the P10,000.00 by
check but Regalado insisted on payment by cash.
She also reminded Doromal that she would also have
to pay "honorarium." Doromal inquired how much it
was. Regalado responded, "[I]kaw na bahala, ayaw
ko na talaga i-mention yan baka umatras ka pa."
Regalado further instructed Doromal to come to her
office with the cash enclosed in an unmarked brown
envelope and to say that it contained "additional
documents," if anyone were to inquire about its
contents.
Doromal could not personally come to Regalado's
office as she had to leave for the United States, so
Diaz went in Doromal's stead. She was accompanied
by Mae Kristen Tautho (Tautho), a Kindergarten
teacher at St. Martha's. Diaz carried with her an
unmarked brown envelope containing the white
envelope with P1,500.00 inside as "honorarium."
Upon finding that the contents were only P1,500.00,
Regalado blurted, "O my God.“ Diaz asked, "Bakit po?“
Regalado exclaimed, "You want me to give this amount to
my boss?" Diaz asked how much the honorarium should
be. Regalado replied that it should be at least
P30,000.00. Diaz asked what the P30,000.00 was for.
Regalado retorted, "It will go to my boss along with your
accreditation papers and endorsement letter . . . Ganyan
ang system dito pag magprocess, actually na lower na
nga ang amount because the inspectors are not from
Manila, you will not book them at the Marco Polo Hotel,
you will no longer entertain them, it's cheaper."
Diaz asked, "Is this under the table ma'am?“
Regalado brazenly replied, "Yes, my dear,
that's the system ng government.“ Diaz
lamented, "So sad to know that.“ Regalado
scoffed, "Ganito ang system, ano ako
magmamalinis?“ Diaz and Tautho underscored
that the transaction was illegal and asked
what would happen if someone were to pry
around. Regalado assured them, "I'll be
backing you up, walang gugulo sa inyo."
Regalado instructed Diaz and Tautho to return the
following day with P30,000.00. She then directed
them to pay the accreditation fee of P10,000.00 with
the cashier. After payment, Regalado demanded that
they surrender to her: the official receipt. Before
leaving, Regalado asked Diaz about her companion.
Upon finding out that Tautho was a teacher at St.
Martha's, Regalado remarked, "Ah at least safe tayo,
mahirap na baka magsumbong."

On May 24, 2007, Regalado called Diaz, asking if she

had cleared with Doromal the payment of P30,000.00
and emphasized that it was for her boss.
Doromal, Diaz, and Tautho filed with the Office of the
Ombudsman for Mindanao a Complaint against
Regalado. An administrative case was filed for Grave
Misconduct, penalized by Rule IV, Section 52(A)(3) of
Civil Service Commission Resolution No.
991936, and for violation of Section 7(d) of Republic
Act No. 6713
ISSUE:
Whether or not Regalado is guilty of Grave
Misconduct, penalized by Rule IV,
Section 52(A)(3) of Civil Service
Commission Resolution No.
991936, and for violation of Section
7(d) of Republic Act No. 6713.
RULING:
Republic Act No. 6713 specifically identifies as unlawful the solicitation or
acceptance of gifts "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."[68]

Section 7(d) of Republic Act No. 6713 provides:

Section 7. Prohibited Acts and Transactions. - In addition to
acts and omissions of public officials and employees now
prescribed in the Constitution and existing laws, the
following shall constitute prohibited acts and transactions of
any public official and employee and are hereby declared to
be unlawful:
....
(d) Solicitation or acceptance of gifts. — Public
officials and employees shall not solicit or accept,
directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value
from any person in the course of their official duties or
in connection with any operation being regulated by, or
any transaction which may be affected by the
functions of their office.
Section 7(d) of Republic Act No. 6713, which took effect in 1989, is in addition to
Section 3(c) of Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt
Practices Act enacted in 1960. Section 3(c) provides:

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public

officers already penalized by existing law, the following shall constitute corrupt
practices of any public officer and are hereby declared to be unlawful:

....
(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.
Itis without question that respondent violated Section 7(d) of Republic Act No.
6713. The Court of Appeals summarized her "modus operandi," as follows:

[T]he modus operandi of [Regalado] is to present to applicants for accreditation a

fake copy of Office Memorandum Order No. RBR 00-57 providing an accreditation
fee of P50,000.00 to be able to charge the said amount, when the actual fee
required is only P10,000.00. If the applicant cannot afford to pay such a high
amount, [Regalado], as she did in the present case, will tell the applicant that
through her efforts, she will be able to reduce the accreditation fee to P10,000.00.
However, in return, the applicant will have to give an honorarium to [Regalado's]
boss amounting to at least P30,000.00.
The matter is not a question of whether or
not, as respondent mentions in her Comment
to the present Petition, she actually received
or profited from the solicitation of any amount
from the complainants, or that she solicited
even after she had completed the inspection
of St. Martha's. Section 7(d) of Republic Act
No. 6713 penalizes both solicitation and
acceptance. This is similar to how Section
3(c) of Republic Act No. 3019 penalizes both
the requesting and receiving of pecuniary or
material benefits. In Section 7(d), the prior or
It is equally without question that respondent
engaged in misconduct that was tainted with
corruption and with willful intent to violate the
law and to disregard established rules. The act
of requesting pecuniary or material benefits is
specifically listed by. Section 3(c) of Republic
Act No. 3019 as a "corrupt practice." Further,
there is certainly nothing in the records to
suggest that respondent's actions were not
products of her own volition.

Respondent was dismissed from service.

 “PUBLIC OFFICE IS A PUBLIC TRUST.
The authority and opportunities of which
must be used as absolutely as the public
moneys for the public benefit and not for the
purpose of any individual or party”
(Dorman B. EATON-1823-1899)