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TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 1 of 20 page/s
Number 02 3 , Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
Public office is a public trust. 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.
Corollary, TESDA ensures that its workforce is equipped not only with the core
competencies expected of them, but also with the right attitude, values and untainted
credibility. For this purpose, TESDA, hereby enhances the Code of Conduct for TESDA
Officials and Employee pursuant to Sec. 1, Article XI of the 1987 Philippine
Constitution, including the following legal bases:
1. Republic Act 6713 (Code of Conduct of and Ethical Standards for Public Officials
and Employees);
2. CSC Memorandum Circular No 19 series of 2012 (Observance of Flag
Ceremonies);
3. Republic Act 9485 (Anti-Red Tape Act of 2007);
4. Republic Act 3019 (Anti-Graft and Corrupt Practices Act);
5. Republic Act 9184 (Government Procurement Reform Act) and its Revised
Implementing Rules and Regulations;
6. Executive Order no. 292 series of 1987 on instituting the "Administrative Code of
1987".
7. Civil Service Commission Rules and Regulations;
8. Presidential Decree No. 749 (Granting Immunity from Prosecution to Givers of
Bribes and Other Gifts and to their Accomplices in Bribery and other Graft Cases
against Public Officers);
9. Presidential Decree No. 46 (Making it Punishable for Public Officials and
Employees to Receive, and for Private Persons to Give Gifts on any Occasion,
including Christmas);
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 2 of 20 page/s
Number 023 ,Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
10.Presidential Decree No. 6 (Amending Certain Rules on Discipline of
Government officials and Employees);
11.Title VII, Revised Penal Code (Crimes Committed by Public Officers); and
12.Republic Act No. 6981 (An Act Providing for a Witness Protection, Security and
Benefit Program and for Other Purposes).
GENERAL PROVISIONS
Section 1. OBJECTIVES
In order to maintain public confidence in the Authority, as well as in the integrity
and professionalism of its officials and employees, this Code prescribes the standards
of required behavior expected in the performance of official duties. This Code envision
to achieve excellence from the services rendered by each and every TESDAn as it
prescribes the responsibilities and obligations of his/her office.
Specifically, it has the following objectives:
1. To serve as an instrument to achieve the TESDA vision, mission and goal and live
the core values;
2. To set the guidelines and parameters for TESDA officials and employees to meet
the highest standards of integrity and excellence in the performance of their
duties as public servants;
3. To serve as preventive measures to avert corrupt practices in the delivery of
services;
4. To provide applicable administrative sanctions for any violation of this Code of
Conduct; and
5. To establish effective mechanisms for excellent conduct and accountability of
TESDA officials and employees and to provide rewards and incentives thereof.
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 3 of 20 page/s
Number c3Z , Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
Section 2. COVERAGE
This Code applies to and binding upon every official and employee of the
TESDA Central, Regional and Provincial Offices and the TESDA Technology
Institutions (COROPOTI), regardless of employment status.
Section 3. DEFINITION OF TERMS
1. "Benefit" refers to a right, privilege, entertainment, exemption or any other
similar act of liberality in favor of another.
2. "Confidential Information" refers to information not yet made available to the
public relating to pending cases, complaints, investigations, procurements and
such other transactions with the Agency.
3. "Conflict of Interest" refers to a situation where the personal concerns of a
TESDA official or employee run counter to the objective of the Agency or to the
unit where he/she belongs or when his/her official act results in undue personal
benefit or advantage on his/her part or on the part of any of his/her relatives
within the fourth civil degree by consanguinity or affinity (great-great grandchild,
grandniece/nephew; first cousin; great aunt-uncle; great-great grandparent).
4. "Cronyism" refers to partiality to long-standing friends, especially by appointing
them to positions of authority, regardless of their qualifications.
5. "Divestment' refers to the transfer of title or disposal of interest in property by
voluntarily, completely and actually depriving or dispossessing oneself of his/her
right or title to it in favor of a person or persons other than his/her spouse and
relatives as defined in RA 6713.
6. "Employees" refers to regular and non-regular employees such as casual and
regular contractual as defined under the CSC law.
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 4 of 20 page/s
Number 023 ,Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
7. "Gift" refers to a thing disposed of gratuitously in favor of another, and shall
include a simulated sale or a disposition onerous to the giver and/or unduly
beneficial to the recipient.
8. "Honorarium" refers to a form of compensation, either in cash or cheque, given
for gratuitous services on account of one's broad and superior knowledge or
expertise in a specific field.
9. "Nepotism" refers to employment of relatives within the third degree of affinity or
consanguinity of the appointing or recommending authority or of the persons
exercising immediate supervision over them.
10."Officials" refers to the Director General, Executive/Regional Director, Provincial
Director and Administrators of TESDA Technology Institutions.
11."Post-employment" refers to the time where a public official leaves the Agency
due to retirement, resignation or separation and finds employment again either in
private or public sector.
12."Protected disclosure- refers to the deliberate and voluntary disclosure by an
official or employee who has relevant information of an actual or anticipated
wrongdoing by an official or employee, or by any TESDA organizational unit
which relates to the performance of official duties.
13."Token" refers to an item of minimal value given as an expression of appreciation
for services rendered.
14."Whistleblower" refers to an official or employee who makes protected
disclosure to his/her immediate supervisor, other superior officers, and/or duly
authorized representative of TESDA officials.
Section 4. CORE VALUES
TESDA is committed to uphold the highest standards of excellent public service
by promoting, as a way of life of its personnel, the following core values:
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 5 of 20 page/s
Number 023 ,Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
Duty Above All
• Commitment to public interest — Upholding public interest over and above
personal interest
• Responsiveness to the public — Extending prompt, courteous and adequate
service to the public
Objectivity and Integrity
• Justness and Sincerity — Remaining true to the people at all times, not
discriminating against anyone; and respecting the rights of others and refraining
from doing acts contrary to law, morals, good customs, public policy, public order,
public safety and public interest
• Simple Living — leading modest lives appropriate to the position and income
Loyalty
• Political neutrality — providing service to everyone without discrimination and
regardless of party affiliation or preference; non participation in any partisan
political activity at the expense of public service
• Commitment to Democracy — maintaining the principle of public accountability,
committing to the democratic way of life and values; and upholding the
Constitution at all times
• Nationalism and Patriotism — Being loyal to the Republic, the Constitution and to
the Filipino people and being obedient to all the laws, rules, regulations and other
legal orders of duly constituted authorities
Excellence
• Professionalism — Performing duties with the highest degree of excellence,
professionalism, intelligence and skill
I
TESDA CIRCULAR
[
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 6 of 20 page/s
Number 023 , Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
SPECIFIC RULES OF CONDUCT
RULE I. Fidelity to Duty
Section 1. TESDA officials and employees shall be consistently polite and
responsive to all clients, superiors, subordinates and co-workers.
Section 2.
Section 3.
TESDA officials and employees shall, at all times, courteously deliver
services in accordance with the procedures and timeframe provided in
our service standards as contained in the TESDA's Citizen's Charter
and/or other work process manuals of each office, as the case may be.
TESDA officials and employees shall use the office's resources wisely
and exercise powers responsibly and solely for official matters. These
include also the observance of austerity measures and avoidance of
misuse and non-use of human resources, government time, property
and funds.
Section 4. TESDA officials and employees shall attend to all clients at their
respective offices even during break-time. Pursuant to the "No Noon
Break" policy as prescribed under RA No. 9485 or the Anti-Red Tape
Act of 2007, TESDA adopts appropriate working schedules to ensure
that all clients who are within their premises prior to the end of official
working hours are attended to and served even during lunch break.
The Authority shall ensure uninterrupted public service delivery.
Section 5. TESDA officials and employees shall transact with clients only within
their official functions — in their respective offices, in field operations
and even those in a work from home arrangement as mandated by
TESDA Law and authorized by the Director General/Head of Office
and during official government hours, unless expressly authorized by
the Director General/Head of Office.
Section 6. TESDA officials and employees shall consistently demonstrate
impartially in dealing with clients regardless of their social standing,
party affiliations or preference.
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 7 of 20 page/s
Number 023 ,Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
Section 7. TESDA officials and employees shall take an active role in ensuring
that their work environment is free of discrimination and harassment.
Section 8. TESDA officials and employees shall live within their means and shall
at all times avoid ostentatious display of wealth in any form
Section 9. TESDA officials and employees shall accurately disclose all means of
their income in their income tax returns, annual statement of assets,
liabilities and net worth (SALN) and other documents relating to
financial and business ownership or interest. They shall consistently
observe filing procedures prescribed in Sec. 8 of RA 6713.
The period required for the filing of the SALN shall be strictly observed:
(1) Newly hired Employees — within thirty (30) calendar days after
assumption of office.
(2) Annual Filing — Not later than April 30 of every year, to be
reckoned from the day following the cut-off date of the previous SALN
declaration, up to December 31 of the reporting period.
(3) Retirement/Separation from the service — Within 30 days after
separation from the service.
Section 10. TESDA officials and employees may attend to personal visits such as
death of a colleague and serious illness on official time as long as it
does not hamper the delivery of service of the office and upon the
approval of the authorized official.
Section 11. TESDA officials and employees shall honor the flag and are enjoined
to regularly attend the flag-raising ceremony every Monday, as an
expression of respect and loyalty to the Agency and to the country. In
addition, the flag lowering is observed every Friday afternoon at 5 pm.
This is practiced by the Agency with consideration to the recent Health
and Safety Protocols
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 8 of 20 page/s
Number 023 , Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
Section 12. TESDA officials and employees shall observed the following guidelines
on wearing of corporate uniform:
a. The wearing of the prescribed corporate uniform for four days,
Mondays to Thursdays, Fridays being a free day;
b. Appropriate closed shoes (except rubber shoes) or heeled
sandals shall be worn with the TESDA corporate uniform; and
c. The TESDA ID as part of the uniform shall be worn at all times.
Section 13. TESDA officials and employees may be exempted from wearing
uniforms under the following circumstances:
a. During pregnancy or mourning, provided a request for exemption
is filed by the employee concerned;
b. Physical disabilities, and other legitimate health reasons;
c. During special occasions as maybe authorized by the
management; and
d. Delimitation set by certain religious practices shall be respected
but prior notice should be made.
Section 14. TESDA employees who were not issued uniform including casual,
contractual and employees on a Job Order basis shall wear corporate
or business attire with ID.
Section 15. TESDA officials and employees shall be prohibited for wearing the
following
a. Gauzy, transparent or net-like shirt or blouse;
b. Sando, strapless or spaghetti-strap blouse (unless worn as an
undershirt). tank-tops, blouse with over-plunging necklines;
c. Micro-mini skirt, walking shorts, cycling shorts, leggings and
tights;
d. Rubber sandals, rubber slippers, and "bakya."
Except in activities in which the above-mentioned clothes are considered
proper.
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 9 of 20 page/s
Number 023 , Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
Section 16. TESDA officials and employees shall promote Green Workplace
Advocacy by observing proper disposal of garbage and avoid usage of
plastics, Styrofoam and other toxic materials. If the utilization of
plastics and Styrofoam is inevitable, the same must be properly
disposed of with the provided waste segregation bin, and in
accordance with existing health and safety rules and standards.
Section 17. Delivery of snacks and lunch may be allowed, provided it will not
disrupt the operation of the office.
RULE II. Conflict of Interest
Section 1. TESDA officials and employees shall NOT engage, directly or
indirectly in any of the following acts, among others:
a. Enter into any contract or transaction with the TESDA or any of its
offices for the procurement of supplies or services, and lease or sale
of property except with duly registered TESDA employee's
organizations, subject to regular procurement procedures;
b. Entering, on or behalf of TESDA, into any contract or transaction
manifestly and grossly disadvantageous to the same, whether or not
public officer profited or will profit thereby;
c. Directly or indirectly having financial 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;
d. Directly or indirectly becoming interested, for personal gain, or having
a material interest in any transaction or act requiring approval of a
board, panel or group of which he or she is a member, and which
exercise 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
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 10 of 20 page/s
Number 023 , Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
unlawful, inequitable, or irregular transaction or acts by the board,
panel or group to which they belong;
e. Give undue preference/favor to anyone to further personal interest.
f. Knowingly recommending, approving or granting in bad faith, National
Certificate, CTPR, and other privileges or benefits in favor of any
person, natural or juridical, not qualified nor legally entitled to the
grant of the same.
g. Engage in any electioneering or partisan political activity, except to
vote.
Section 2. All TESDA officials and employees shall file under oath their SALN
and fully disclose their business interest and financial connections,
including those of their spouses, and unmarried children under
eighteen (18) years of age living in their households. Officials and
employees shall also identify and disclose his/her relatives in the
government especially in TESDA, up to the fourth civil degree of
relationship, either of consanguinity or affinity, including bilas, inso,
and balae.
Section 3. No unofficial transaction shall be done during office hours, except in
case of emergency or expediency of the service.
RULE Ill. Solicitation and Acceptance of Gifts and Favors
Section 1. TESDA 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.
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 11 of 20 page/s
Number 023 ,Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
Section 2 The following are exception to Sec. 1:
a. Unsolicited gift or present of nominal or insignificant value as defined
in the succeeding paragraph, which is 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 or present 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;
b. Nominal donations from persons with no regular, pending, or expected
transactions with TESDA and without any expectation or pecuniary
gain or benefits; and
c. Donations from government entities.
Section 3. The following constitute corrupt practices and thereby declared to be
unlawful:
a. Directly or indirectly requesting or receiving any gift, present, share,
percentage, or benefit, for himself or any other person, in connection
with any contract or transaction between TESDA and any other party
wherein the public official or employee in his official capacity has to
intervene under the law; and
b. 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 official or employee, in any manner or
capacity, has secured or obtained, or will secure or obtain, any permit,
National Certification or UPTRAs, in consideration for the help given or
to be given.
Section 4. If TESDA or any of its officials or employees, receives a gift covered by
this policy, except those that are mentioned in Section 2, such gift, if
I feasible, shall immediately and politely be declined. In the event that it
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 12 of 20 page/s
Number 023 , Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
is not feasible, or it is inappropriate or impractical, to return the gift, e.g.
it 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 the
gift has been returned or donated to a charitable or social welfare
institution.
RULE IV. Outside Employment
Section 1. Employment in TESDA is a full-time occupation and shall constitute the
primary employment of its officials and employees. TESDA officials, and
employees cannot engage in the practice of their profession, 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 TESDA, unless expressly allowed
by law and provided that such practice of profession or employment
does not conflict or tend to conflict with their official functions.
Section 2. No officer or employee, whether permanent or regular capacity,
temporary, casual, or hold-over, shall engage directly or indirectly in any
private business or practice of profession. Provided that this prohibition
will be absolute in the case of those officers and employees whose
duties and responsibilities require that their entire time be at the
disposal of the Government. Nevertheless, an officer of employee may
be allowed, subject to the limitations provide under RA No. 6713 and
other special laws and the following requirements/conditions must
concur:
a. Written permission from head of agency must be secured and renewed
annually;
b. Time devoted outside of office hours shall not impair in any way the
efficiency of the other officer or employee;
c. The time so devoted outside of office hours should be fixed by the head
of the agency;
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 13 of 20 page/s
Number 023 ,Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
d. Government facilities, equipment and supplies shall not be used while
engaged in private business or practice of profession;
e. It shall not entail any conflict of interest nor pose a conflict or tend to
conflict with the official functions;
f. It shall not be in representation of a client whose cause of action is
against the government;
g. It shall not impair the efficiency in the discharge of the employee's
regular functions in the Office and absences incurred, if any, shall be
covered by the duly approved vacation leaves and pass slips; and
h.It shall be subject to the limitation provided by the Constitution, the
Republic Act No. 6713 and other special laws.
The Director General may also impose an additional condition he/she
deems necessary and compliant with the requirements set by law and
relevant rules and regulations.
Section 3. However, in cases authorized by the Director General of Technical
Education and Skills Development Authority (TESDA) and allowed
under CSC rules, the concerned TESDA official or employee engaged
in outside employment may be required by TESDA to which the said
employee is connected, to submit pertinent documents related to
his/her outside employment such as certification of his/her schedule.
Outside employment should not compel the TESDA official or employee
to disclose confidential information acquired by reason of his/her
employment in the Agency.
Section 4. TESDA officials and employees who act as Subject Matter Expert
(SME) lecturers, resource persons, coordinators or facilitators in other
government agencies which are outside of their mother agencies, may
be paid honoraria at such rates as provided for under the Department of
Budget and Management (DBM's) issuances. Likewise, officials and
employees may only receive honoraria when invited by private
institutions to lecture or train for the latter's employees on topic which
are not part of their official functions and not within office hours
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 14 of 20 page/s
Number 023 , Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
Section 5.
Section 6.
TESDA officials and employees who are designated Subject Matter
Expert (SME), lecturers, resource persons and facilitators within the
agency and its stockholders shall not be granted honoraria, as such
services are deemed part of the duties and responsibilities of their
appointive positions to disseminate information, to clarify issues and
concerns and to interact with clients and/or implementers of agency
mandates.
TESDA officials and employees who are in charge of the conduct of
training and similar programs and activities by virtue of their positions
within the agency and its stockholders, are not entitled to honoraria
when they act as lecturers, resource persons, coordinators or
facilitators in in-house training and similar programs and activities.
RULE V. Nepotism
Section 1.
Section 2.
Section 3.
Except for confidential positions, no appointment shall be made in favor
of a family member or relative within the third degree either of
consanguinity or affinity of the appointing authority or recommending
authority or of the chief of bureau or office, or of the person exercising
immediate supervision over the appointee.
The above restriction shall not be applicable to the case of a member of
any family who, after his or her appointment to any position in a
division/office, contracts marriage with someone in the same
division/office in which event the employment or retention of both
husband and wife may be allowed.
The nepotism covers all kinds of appointments whether original,
promotion, transfer, reemployment regardless of status, including
casual, contractual, and coterminous but are not primarily confidential.
This rule shall also apply to designation (Sec. 125, Rule XII, 2017
ORAOHRA, Revised July 2018).
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 15 of 20 page/s
Number 02 3 , Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
RULE VI. Cronyism
Section 1. TESDA officials and employees shall avoid the practice of cronyism or
showing preference to friends when appointing people to positions of
power, awarding contracts and delegating tasks related to their office,
regardless of their qualifications.
RULE VII. Confidentiality and Privacy
Section 1. TESDA officials and employees shall not use or divulge confidential or
classified information officially known to them by reason of their office
and not made available to the public, either to further their private
interests, or to give undue advantage to anyone, or to prejudice the
public interest.
Section 2. Confidential information shall be disclosed only by persons duly
authorized to do so and only to persons duly authorized by the Director
General, by reason of court order, administrative policy, or written and
sworn mutual agreement.
Section 3. TESDA officials and employees shall not alter, falsify, conceal, destroy
or mutilate any record containing confidential information. Disposal of
the same shall be governed by government rules on Records
Disposition.
Section 4. Full protection shall be afforded by TESDA to its official and employee's
right to privacy pursuant to the Republic Act No. 10173 or the "Data
Privacy Act of 2012." Requests and release of information pertaining to
personnel records shall be made pursuant to CSC Memorandum
Circular No. 56 series of 1990 entitled "Guidelines on the Right to
Access to Records kept by The Civil Service Commission."
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 16 of 20 page/s
Number 02-- ,Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
RULE VIII. Post-Employment
Section 1. Incumbent TESDA officials and employees must not entertain pressure
or influence from former TESDA officials and employees who have
joined the private sector and whose present employment bears a direct
relationship with their former position in TESDA.
Section 2. The prohibition in Section 1 applies to former TESDA officials and
employees who have joined other government offices: provided,
however, that said TESDA officials and employees who are involved in
the investigation, adjudication and prosecution of corruption-related
cases and who, as such, are coordinating and interacting with this
Agency in the investigation, adjudication and prosecution of said cases
(e.g. Office of the Solicitor General, Department of Justice, office of the
Ombudsman), shall be exempted from the foregoing prohibition.
Section 3. Former TESDA officials and employees are prohibited for a period of
one (1) year after their separation from public office from directly or
indirectly having any financial or material interest in any transaction
requiring the approval of their former office; owning, controlling,
managing, or accepting employment in any private enterprise regulated,
supervised, or licensed by their office unless expressly allowed by law,
practicing profession in connection with any matter before the office
they used to be with; or recommending any person to any position in a
private enterprise which has a regular or pending official transaction
with their former office.
RULE IX. Procurement of Goods, Consulting Services and Infrastructure
Projects
Section 1. All officials and employees shall strictly comply with R.A. 9184 and its
Implementing Rules and Regulations in the procurement of goods,
services and infrastructure projects.
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 17 of 20 page/s
Number °23 , Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
Section 2. Members of the Bids and Awards Committee (BAC), including its staff
and personnel, its Secretariat and Technical Working Group, are
prohibited from personally transacting with any bidder or supplier.
RULE X. Encouraging Reporting of Malpractices, Corruption and Other
Protected Disclosures
Section 1. Coverage:
This Rule shall cover a whistleblower as defined in this Code and
other officials and employees with protected disclosures on any graft
and corruption related activities.
Section 2. Conditions for Whistleblower and Protected Disclosure:
a. The disclosure is made voluntarily, in writing and under oath;
b. The disclosure is related to conduct constituting graft and corruption;
c. The disclosure pertains to a matter not yet the subject of a complaint
already filed with, or investigated by the Agency, or by any other
concerned office or pending before any court of justice or
quasi-judicial body;
d. The whistleblower assists and/or participates in the acts or omission
subject matter of the disclosure provided that he or she is the least
guilty;
e. The whistleblower should have personal knowledge of existing facts
and information covered by the disclosure; and
f. The information given to the whistleblower can be supported by other
material evidence.
g. No action, claim or demand may be taken against a whistleblower for
making such disclosure, nor any evidence presented shall be used
against him/her in court. This protection shall also operate as immunity
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 18 of 20 page/s
Number 023 , Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
in favor of a whistleblower against any action or proceeding taken
against him/her by reason of his/her disclosure.
Section 3. Other Protected Disclosures:
a. The disclosure is made by an official or employee who is not part of
the anomaly, collusion or offense provided that the conditions stated
under Section 2 are present; and
b. Such a qualified person in the proceeding statement (a) shall also be
entitled to the rights, protection, and incentives of a whistleblower.
Section 4. Rights and Protection of Whistleblower:
a. A person who has made or is believed or suspected to have made a
protected disclosure under this Code shall not be subjected to
disciplinary action for making such protected disclosure. Any
whistleblower or any official or employee with protected disclosure
who refuses to follow orders of his/her immediate superior/supervisor
outside of his/her regular functions that would cause him/her to violate
any provision of this Code shall likewise be protected from reprisals
and retaliatory action in the workplace, such as punitive transfer,
undue poor performance reviews; obstruction of the investigation;
withdrawal of essential resources; adverse reports; attachment of
adverse notes in the personal file; ostracism; questions and attacks on
motives; accusations of disloyalty and dysfunction; public humiliation;
and the denial of work necessary for promotion;
b. All information received shall be treated with strict confidentiality and
every effort shall be made not to reveal the identity of the
whistleblower or any official or employee with protected disclosures if
he/she so wishes. At the appropriate time, however, he/she may need
to come as a primary or state witness; and
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 19 of 20 page/s
Number 023 ,Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
c. A whistleblower shall apply for coverage/admission under Republic
Act 6981 or the "Witness Protection, Security and Benefit Act" and
shall therefore enjoy all rights and benefits stated therein.
Section 5. Unprotected Disclosures are as follows:
a. Disclosure made by an official or employee in connection with a matter
subject of his/her official investigation;
b. Disclosure which later found to be without basis;
c. False and misleading disclosures; and
d. Disclosures that are later retracted by the whistleblower for any
reason. Such "whistleblower" shall lose the right to claim protection
under this Code for future disclosures.
Section 6. Procedure for Protected Disclosures:
a. The 2017 Rules on Administrative Case in the Civil Service (RACCS)
shall be observed in all proceedings involving whistleblowers and
protected disclosures.
RULE Xl. Penalties and Sanctions
Any violation of the provisions of this Code shall be subject to administrative
sanctions under Civil Service Law and Rules, and other applicable laws.
RULE XII. Separability Clause
If any provision of this Circular is held unconstitutional or invalid, other
provisions not affected thereby shall remain valid and binding.
TESDA CIRCULAR
SUBJECT: Revised Code of Conduct for TESDA
Officials and Employees
Page 20 of 20 page/s
Number 023 ,Series of
2022
Date Issued:
07 March 2022
Effectivity:
As indicated
Addendum to:
TESDA Circular No. 026
series of 2015
RULE XIII. Sustainability of Implementation and Amendments
The Code and its implementation shall be regularly reviewed and monitored and
its evaluation shall be conducted on an annual basis by TESDA Efficiency and Integrity
Board pursuant to TESDA Circular No. 36 series of 2018.
An orientation on this Code for existing and newly-hired employees (regardless
of his/her position or rank) shall be held. This Code shall be made available in the
TESDA website, Web-based Records Management Information System (wRMIS) and
each office shall be furnished a copy.
RULE XIV. Effectivity
This Circular takes effect fifteen (15) days after its publication in two (2)
newspapers of general circulation. The Records Officer of this Agency is hereby
directed to file three (3) certified copies thereof with the University of the Philippines
Law Center pursuant to Section 3, Chapter 2 Book VII of the Administrative Code of
1987.
l "
SEC. i
ID 0 S LAPENA, Ph.D., CSEE
Director General

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TESDA Circular No. 023-2022.pdf tesda123

  • 1. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 1 of 20 page/s Number 02 3 , Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 Public office is a public trust. 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. Corollary, TESDA ensures that its workforce is equipped not only with the core competencies expected of them, but also with the right attitude, values and untainted credibility. For this purpose, TESDA, hereby enhances the Code of Conduct for TESDA Officials and Employee pursuant to Sec. 1, Article XI of the 1987 Philippine Constitution, including the following legal bases: 1. Republic Act 6713 (Code of Conduct of and Ethical Standards for Public Officials and Employees); 2. CSC Memorandum Circular No 19 series of 2012 (Observance of Flag Ceremonies); 3. Republic Act 9485 (Anti-Red Tape Act of 2007); 4. Republic Act 3019 (Anti-Graft and Corrupt Practices Act); 5. Republic Act 9184 (Government Procurement Reform Act) and its Revised Implementing Rules and Regulations; 6. Executive Order no. 292 series of 1987 on instituting the "Administrative Code of 1987". 7. Civil Service Commission Rules and Regulations; 8. Presidential Decree No. 749 (Granting Immunity from Prosecution to Givers of Bribes and Other Gifts and to their Accomplices in Bribery and other Graft Cases against Public Officers); 9. Presidential Decree No. 46 (Making it Punishable for Public Officials and Employees to Receive, and for Private Persons to Give Gifts on any Occasion, including Christmas);
  • 2. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 2 of 20 page/s Number 023 ,Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 10.Presidential Decree No. 6 (Amending Certain Rules on Discipline of Government officials and Employees); 11.Title VII, Revised Penal Code (Crimes Committed by Public Officers); and 12.Republic Act No. 6981 (An Act Providing for a Witness Protection, Security and Benefit Program and for Other Purposes). GENERAL PROVISIONS Section 1. OBJECTIVES In order to maintain public confidence in the Authority, as well as in the integrity and professionalism of its officials and employees, this Code prescribes the standards of required behavior expected in the performance of official duties. This Code envision to achieve excellence from the services rendered by each and every TESDAn as it prescribes the responsibilities and obligations of his/her office. Specifically, it has the following objectives: 1. To serve as an instrument to achieve the TESDA vision, mission and goal and live the core values; 2. To set the guidelines and parameters for TESDA officials and employees to meet the highest standards of integrity and excellence in the performance of their duties as public servants; 3. To serve as preventive measures to avert corrupt practices in the delivery of services; 4. To provide applicable administrative sanctions for any violation of this Code of Conduct; and 5. To establish effective mechanisms for excellent conduct and accountability of TESDA officials and employees and to provide rewards and incentives thereof.
  • 3. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 3 of 20 page/s Number c3Z , Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 Section 2. COVERAGE This Code applies to and binding upon every official and employee of the TESDA Central, Regional and Provincial Offices and the TESDA Technology Institutions (COROPOTI), regardless of employment status. Section 3. DEFINITION OF TERMS 1. "Benefit" refers to a right, privilege, entertainment, exemption or any other similar act of liberality in favor of another. 2. "Confidential Information" refers to information not yet made available to the public relating to pending cases, complaints, investigations, procurements and such other transactions with the Agency. 3. "Conflict of Interest" refers to a situation where the personal concerns of a TESDA official or employee run counter to the objective of the Agency or to the unit where he/she belongs or when his/her official act results in undue personal benefit or advantage on his/her part or on the part of any of his/her relatives within the fourth civil degree by consanguinity or affinity (great-great grandchild, grandniece/nephew; first cousin; great aunt-uncle; great-great grandparent). 4. "Cronyism" refers to partiality to long-standing friends, especially by appointing them to positions of authority, regardless of their qualifications. 5. "Divestment' refers to the transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his/her right or title to it in favor of a person or persons other than his/her spouse and relatives as defined in RA 6713. 6. "Employees" refers to regular and non-regular employees such as casual and regular contractual as defined under the CSC law.
  • 4. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 4 of 20 page/s Number 023 ,Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 7. "Gift" refers to a thing disposed of gratuitously in favor of another, and shall include a simulated sale or a disposition onerous to the giver and/or unduly beneficial to the recipient. 8. "Honorarium" refers to a form of compensation, either in cash or cheque, given for gratuitous services on account of one's broad and superior knowledge or expertise in a specific field. 9. "Nepotism" refers to employment of relatives within the third degree of affinity or consanguinity of the appointing or recommending authority or of the persons exercising immediate supervision over them. 10."Officials" refers to the Director General, Executive/Regional Director, Provincial Director and Administrators of TESDA Technology Institutions. 11."Post-employment" refers to the time where a public official leaves the Agency due to retirement, resignation or separation and finds employment again either in private or public sector. 12."Protected disclosure- refers to the deliberate and voluntary disclosure by an official or employee who has relevant information of an actual or anticipated wrongdoing by an official or employee, or by any TESDA organizational unit which relates to the performance of official duties. 13."Token" refers to an item of minimal value given as an expression of appreciation for services rendered. 14."Whistleblower" refers to an official or employee who makes protected disclosure to his/her immediate supervisor, other superior officers, and/or duly authorized representative of TESDA officials. Section 4. CORE VALUES TESDA is committed to uphold the highest standards of excellent public service by promoting, as a way of life of its personnel, the following core values:
  • 5. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 5 of 20 page/s Number 023 ,Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 Duty Above All • Commitment to public interest — Upholding public interest over and above personal interest • Responsiveness to the public — Extending prompt, courteous and adequate service to the public Objectivity and Integrity • Justness and Sincerity — Remaining true to the people at all times, not discriminating against anyone; and respecting the rights of others and refraining from doing acts contrary to law, morals, good customs, public policy, public order, public safety and public interest • Simple Living — leading modest lives appropriate to the position and income Loyalty • Political neutrality — providing service to everyone without discrimination and regardless of party affiliation or preference; non participation in any partisan political activity at the expense of public service • Commitment to Democracy — maintaining the principle of public accountability, committing to the democratic way of life and values; and upholding the Constitution at all times • Nationalism and Patriotism — Being loyal to the Republic, the Constitution and to the Filipino people and being obedient to all the laws, rules, regulations and other legal orders of duly constituted authorities Excellence • Professionalism — Performing duties with the highest degree of excellence, professionalism, intelligence and skill I
  • 6. TESDA CIRCULAR [ SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 6 of 20 page/s Number 023 , Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 SPECIFIC RULES OF CONDUCT RULE I. Fidelity to Duty Section 1. TESDA officials and employees shall be consistently polite and responsive to all clients, superiors, subordinates and co-workers. Section 2. Section 3. TESDA officials and employees shall, at all times, courteously deliver services in accordance with the procedures and timeframe provided in our service standards as contained in the TESDA's Citizen's Charter and/or other work process manuals of each office, as the case may be. TESDA officials and employees shall use the office's resources wisely and exercise powers responsibly and solely for official matters. These include also the observance of austerity measures and avoidance of misuse and non-use of human resources, government time, property and funds. Section 4. TESDA officials and employees shall attend to all clients at their respective offices even during break-time. Pursuant to the "No Noon Break" policy as prescribed under RA No. 9485 or the Anti-Red Tape Act of 2007, TESDA adopts appropriate working schedules to ensure that all clients who are within their premises prior to the end of official working hours are attended to and served even during lunch break. The Authority shall ensure uninterrupted public service delivery. Section 5. TESDA officials and employees shall transact with clients only within their official functions — in their respective offices, in field operations and even those in a work from home arrangement as mandated by TESDA Law and authorized by the Director General/Head of Office and during official government hours, unless expressly authorized by the Director General/Head of Office. Section 6. TESDA officials and employees shall consistently demonstrate impartially in dealing with clients regardless of their social standing, party affiliations or preference.
  • 7. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 7 of 20 page/s Number 023 ,Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 Section 7. TESDA officials and employees shall take an active role in ensuring that their work environment is free of discrimination and harassment. Section 8. TESDA officials and employees shall live within their means and shall at all times avoid ostentatious display of wealth in any form Section 9. TESDA officials and employees shall accurately disclose all means of their income in their income tax returns, annual statement of assets, liabilities and net worth (SALN) and other documents relating to financial and business ownership or interest. They shall consistently observe filing procedures prescribed in Sec. 8 of RA 6713. The period required for the filing of the SALN shall be strictly observed: (1) Newly hired Employees — within thirty (30) calendar days after assumption of office. (2) Annual Filing — Not later than April 30 of every year, to be reckoned from the day following the cut-off date of the previous SALN declaration, up to December 31 of the reporting period. (3) Retirement/Separation from the service — Within 30 days after separation from the service. Section 10. TESDA officials and employees may attend to personal visits such as death of a colleague and serious illness on official time as long as it does not hamper the delivery of service of the office and upon the approval of the authorized official. Section 11. TESDA officials and employees shall honor the flag and are enjoined to regularly attend the flag-raising ceremony every Monday, as an expression of respect and loyalty to the Agency and to the country. In addition, the flag lowering is observed every Friday afternoon at 5 pm. This is practiced by the Agency with consideration to the recent Health and Safety Protocols
  • 8. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 8 of 20 page/s Number 023 , Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 Section 12. TESDA officials and employees shall observed the following guidelines on wearing of corporate uniform: a. The wearing of the prescribed corporate uniform for four days, Mondays to Thursdays, Fridays being a free day; b. Appropriate closed shoes (except rubber shoes) or heeled sandals shall be worn with the TESDA corporate uniform; and c. The TESDA ID as part of the uniform shall be worn at all times. Section 13. TESDA officials and employees may be exempted from wearing uniforms under the following circumstances: a. During pregnancy or mourning, provided a request for exemption is filed by the employee concerned; b. Physical disabilities, and other legitimate health reasons; c. During special occasions as maybe authorized by the management; and d. Delimitation set by certain religious practices shall be respected but prior notice should be made. Section 14. TESDA employees who were not issued uniform including casual, contractual and employees on a Job Order basis shall wear corporate or business attire with ID. Section 15. TESDA officials and employees shall be prohibited for wearing the following a. Gauzy, transparent or net-like shirt or blouse; b. Sando, strapless or spaghetti-strap blouse (unless worn as an undershirt). tank-tops, blouse with over-plunging necklines; c. Micro-mini skirt, walking shorts, cycling shorts, leggings and tights; d. Rubber sandals, rubber slippers, and "bakya." Except in activities in which the above-mentioned clothes are considered proper.
  • 9. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 9 of 20 page/s Number 023 , Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 Section 16. TESDA officials and employees shall promote Green Workplace Advocacy by observing proper disposal of garbage and avoid usage of plastics, Styrofoam and other toxic materials. If the utilization of plastics and Styrofoam is inevitable, the same must be properly disposed of with the provided waste segregation bin, and in accordance with existing health and safety rules and standards. Section 17. Delivery of snacks and lunch may be allowed, provided it will not disrupt the operation of the office. RULE II. Conflict of Interest Section 1. TESDA officials and employees shall NOT engage, directly or indirectly in any of the following acts, among others: a. Enter into any contract or transaction with the TESDA or any of its offices for the procurement of supplies or services, and lease or sale of property except with duly registered TESDA employee's organizations, subject to regular procurement procedures; b. Entering, on or behalf of TESDA, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not public officer profited or will profit thereby; c. Directly or indirectly having financial 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; d. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring approval of a board, panel or group of which he or she is a member, and which exercise 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
  • 10. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 10 of 20 page/s Number 023 , Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong; e. Give undue preference/favor to anyone to further personal interest. f. Knowingly recommending, approving or granting in bad faith, National Certificate, CTPR, and other privileges or benefits in favor of any person, natural or juridical, not qualified nor legally entitled to the grant of the same. g. Engage in any electioneering or partisan political activity, except to vote. Section 2. All TESDA officials and employees shall file under oath their SALN and fully disclose their business interest and financial connections, including those of their spouses, and unmarried children under eighteen (18) years of age living in their households. Officials and employees shall also identify and disclose his/her relatives in the government especially in TESDA, up to the fourth civil degree of relationship, either of consanguinity or affinity, including bilas, inso, and balae. Section 3. No unofficial transaction shall be done during office hours, except in case of emergency or expediency of the service. RULE Ill. Solicitation and Acceptance of Gifts and Favors Section 1. TESDA 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.
  • 11. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 11 of 20 page/s Number 023 ,Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 Section 2 The following are exception to Sec. 1: a. Unsolicited gift or present of nominal or insignificant value as defined in the succeeding paragraph, which is 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 or present 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; b. Nominal donations from persons with no regular, pending, or expected transactions with TESDA and without any expectation or pecuniary gain or benefits; and c. Donations from government entities. Section 3. The following constitute corrupt practices and thereby declared to be unlawful: a. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or any other person, in connection with any contract or transaction between TESDA and any other party wherein the public official or employee in his official capacity has to intervene under the law; and b. 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 official or employee, in any manner or capacity, has secured or obtained, or will secure or obtain, any permit, National Certification or UPTRAs, in consideration for the help given or to be given. Section 4. If TESDA or any of its officials or employees, receives a gift covered by this policy, except those that are mentioned in Section 2, such gift, if I feasible, shall immediately and politely be declined. In the event that it
  • 12. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 12 of 20 page/s Number 023 , Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 is not feasible, or it is inappropriate or impractical, to return the gift, e.g. it 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 the gift has been returned or donated to a charitable or social welfare institution. RULE IV. Outside Employment Section 1. Employment in TESDA is a full-time occupation and shall constitute the primary employment of its officials and employees. TESDA officials, and employees cannot engage in the practice of their profession, 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 TESDA, unless expressly allowed by law and provided that such practice of profession or employment does not conflict or tend to conflict with their official functions. Section 2. No officer or employee, whether permanent or regular capacity, temporary, casual, or hold-over, shall engage directly or indirectly in any private business or practice of profession. Provided that this prohibition will be absolute in the case of those officers and employees whose duties and responsibilities require that their entire time be at the disposal of the Government. Nevertheless, an officer of employee may be allowed, subject to the limitations provide under RA No. 6713 and other special laws and the following requirements/conditions must concur: a. Written permission from head of agency must be secured and renewed annually; b. Time devoted outside of office hours shall not impair in any way the efficiency of the other officer or employee; c. The time so devoted outside of office hours should be fixed by the head of the agency;
  • 13. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 13 of 20 page/s Number 023 ,Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 d. Government facilities, equipment and supplies shall not be used while engaged in private business or practice of profession; e. It shall not entail any conflict of interest nor pose a conflict or tend to conflict with the official functions; f. It shall not be in representation of a client whose cause of action is against the government; g. It shall not impair the efficiency in the discharge of the employee's regular functions in the Office and absences incurred, if any, shall be covered by the duly approved vacation leaves and pass slips; and h.It shall be subject to the limitation provided by the Constitution, the Republic Act No. 6713 and other special laws. The Director General may also impose an additional condition he/she deems necessary and compliant with the requirements set by law and relevant rules and regulations. Section 3. However, in cases authorized by the Director General of Technical Education and Skills Development Authority (TESDA) and allowed under CSC rules, the concerned TESDA official or employee engaged in outside employment may be required by TESDA to which the said employee is connected, to submit pertinent documents related to his/her outside employment such as certification of his/her schedule. Outside employment should not compel the TESDA official or employee to disclose confidential information acquired by reason of his/her employment in the Agency. Section 4. TESDA officials and employees who act as Subject Matter Expert (SME) lecturers, resource persons, coordinators or facilitators in other government agencies which are outside of their mother agencies, may be paid honoraria at such rates as provided for under the Department of Budget and Management (DBM's) issuances. Likewise, officials and employees may only receive honoraria when invited by private institutions to lecture or train for the latter's employees on topic which are not part of their official functions and not within office hours
  • 14. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 14 of 20 page/s Number 023 , Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 Section 5. Section 6. TESDA officials and employees who are designated Subject Matter Expert (SME), lecturers, resource persons and facilitators within the agency and its stockholders shall not be granted honoraria, as such services are deemed part of the duties and responsibilities of their appointive positions to disseminate information, to clarify issues and concerns and to interact with clients and/or implementers of agency mandates. TESDA officials and employees who are in charge of the conduct of training and similar programs and activities by virtue of their positions within the agency and its stockholders, are not entitled to honoraria when they act as lecturers, resource persons, coordinators or facilitators in in-house training and similar programs and activities. RULE V. Nepotism Section 1. Section 2. Section 3. Except for confidential positions, no appointment shall be made in favor of a family member or relative within the third degree either of consanguinity or affinity of the appointing authority or recommending authority or of the chief of bureau or office, or of the person exercising immediate supervision over the appointee. The above restriction shall not be applicable to the case of a member of any family who, after his or her appointment to any position in a division/office, contracts marriage with someone in the same division/office in which event the employment or retention of both husband and wife may be allowed. The nepotism covers all kinds of appointments whether original, promotion, transfer, reemployment regardless of status, including casual, contractual, and coterminous but are not primarily confidential. This rule shall also apply to designation (Sec. 125, Rule XII, 2017 ORAOHRA, Revised July 2018).
  • 15. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 15 of 20 page/s Number 02 3 , Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 RULE VI. Cronyism Section 1. TESDA officials and employees shall avoid the practice of cronyism or showing preference to friends when appointing people to positions of power, awarding contracts and delegating tasks related to their office, regardless of their qualifications. RULE VII. Confidentiality and Privacy Section 1. TESDA officials and employees shall not use or divulge confidential or classified information officially known to them by reason of their office and not made available to the public, either to further their private interests, or to give undue advantage to anyone, or to prejudice the public interest. Section 2. Confidential information shall be disclosed only by persons duly authorized to do so and only to persons duly authorized by the Director General, by reason of court order, administrative policy, or written and sworn mutual agreement. Section 3. TESDA officials and employees shall not alter, falsify, conceal, destroy or mutilate any record containing confidential information. Disposal of the same shall be governed by government rules on Records Disposition. Section 4. Full protection shall be afforded by TESDA to its official and employee's right to privacy pursuant to the Republic Act No. 10173 or the "Data Privacy Act of 2012." Requests and release of information pertaining to personnel records shall be made pursuant to CSC Memorandum Circular No. 56 series of 1990 entitled "Guidelines on the Right to Access to Records kept by The Civil Service Commission."
  • 16. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 16 of 20 page/s Number 02-- ,Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 RULE VIII. Post-Employment Section 1. Incumbent TESDA officials and employees must not entertain pressure or influence from former TESDA officials and employees who have joined the private sector and whose present employment bears a direct relationship with their former position in TESDA. Section 2. The prohibition in Section 1 applies to former TESDA officials and employees who have joined other government offices: provided, however, that said TESDA officials and employees who are involved in the investigation, adjudication and prosecution of corruption-related cases and who, as such, are coordinating and interacting with this Agency in the investigation, adjudication and prosecution of said cases (e.g. Office of the Solicitor General, Department of Justice, office of the Ombudsman), shall be exempted from the foregoing prohibition. Section 3. Former TESDA officials and employees are prohibited for a period of one (1) year after their separation from public office from directly or indirectly having any financial or material interest in any transaction requiring the approval of their former office; owning, controlling, managing, or accepting employment in any private enterprise regulated, supervised, or licensed by their office unless expressly allowed by law, practicing profession in connection with any matter before the office they used to be with; or recommending any person to any position in a private enterprise which has a regular or pending official transaction with their former office. RULE IX. Procurement of Goods, Consulting Services and Infrastructure Projects Section 1. All officials and employees shall strictly comply with R.A. 9184 and its Implementing Rules and Regulations in the procurement of goods, services and infrastructure projects.
  • 17. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 17 of 20 page/s Number °23 , Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 Section 2. Members of the Bids and Awards Committee (BAC), including its staff and personnel, its Secretariat and Technical Working Group, are prohibited from personally transacting with any bidder or supplier. RULE X. Encouraging Reporting of Malpractices, Corruption and Other Protected Disclosures Section 1. Coverage: This Rule shall cover a whistleblower as defined in this Code and other officials and employees with protected disclosures on any graft and corruption related activities. Section 2. Conditions for Whistleblower and Protected Disclosure: a. The disclosure is made voluntarily, in writing and under oath; b. The disclosure is related to conduct constituting graft and corruption; c. The disclosure pertains to a matter not yet the subject of a complaint already filed with, or investigated by the Agency, or by any other concerned office or pending before any court of justice or quasi-judicial body; d. The whistleblower assists and/or participates in the acts or omission subject matter of the disclosure provided that he or she is the least guilty; e. The whistleblower should have personal knowledge of existing facts and information covered by the disclosure; and f. The information given to the whistleblower can be supported by other material evidence. g. No action, claim or demand may be taken against a whistleblower for making such disclosure, nor any evidence presented shall be used against him/her in court. This protection shall also operate as immunity
  • 18. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 18 of 20 page/s Number 023 , Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 in favor of a whistleblower against any action or proceeding taken against him/her by reason of his/her disclosure. Section 3. Other Protected Disclosures: a. The disclosure is made by an official or employee who is not part of the anomaly, collusion or offense provided that the conditions stated under Section 2 are present; and b. Such a qualified person in the proceeding statement (a) shall also be entitled to the rights, protection, and incentives of a whistleblower. Section 4. Rights and Protection of Whistleblower: a. A person who has made or is believed or suspected to have made a protected disclosure under this Code shall not be subjected to disciplinary action for making such protected disclosure. Any whistleblower or any official or employee with protected disclosure who refuses to follow orders of his/her immediate superior/supervisor outside of his/her regular functions that would cause him/her to violate any provision of this Code shall likewise be protected from reprisals and retaliatory action in the workplace, such as punitive transfer, undue poor performance reviews; obstruction of the investigation; withdrawal of essential resources; adverse reports; attachment of adverse notes in the personal file; ostracism; questions and attacks on motives; accusations of disloyalty and dysfunction; public humiliation; and the denial of work necessary for promotion; b. All information received shall be treated with strict confidentiality and every effort shall be made not to reveal the identity of the whistleblower or any official or employee with protected disclosures if he/she so wishes. At the appropriate time, however, he/she may need to come as a primary or state witness; and
  • 19. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 19 of 20 page/s Number 023 ,Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 c. A whistleblower shall apply for coverage/admission under Republic Act 6981 or the "Witness Protection, Security and Benefit Act" and shall therefore enjoy all rights and benefits stated therein. Section 5. Unprotected Disclosures are as follows: a. Disclosure made by an official or employee in connection with a matter subject of his/her official investigation; b. Disclosure which later found to be without basis; c. False and misleading disclosures; and d. Disclosures that are later retracted by the whistleblower for any reason. Such "whistleblower" shall lose the right to claim protection under this Code for future disclosures. Section 6. Procedure for Protected Disclosures: a. The 2017 Rules on Administrative Case in the Civil Service (RACCS) shall be observed in all proceedings involving whistleblowers and protected disclosures. RULE Xl. Penalties and Sanctions Any violation of the provisions of this Code shall be subject to administrative sanctions under Civil Service Law and Rules, and other applicable laws. RULE XII. Separability Clause If any provision of this Circular is held unconstitutional or invalid, other provisions not affected thereby shall remain valid and binding.
  • 20. TESDA CIRCULAR SUBJECT: Revised Code of Conduct for TESDA Officials and Employees Page 20 of 20 page/s Number 023 ,Series of 2022 Date Issued: 07 March 2022 Effectivity: As indicated Addendum to: TESDA Circular No. 026 series of 2015 RULE XIII. Sustainability of Implementation and Amendments The Code and its implementation shall be regularly reviewed and monitored and its evaluation shall be conducted on an annual basis by TESDA Efficiency and Integrity Board pursuant to TESDA Circular No. 36 series of 2018. An orientation on this Code for existing and newly-hired employees (regardless of his/her position or rank) shall be held. This Code shall be made available in the TESDA website, Web-based Records Management Information System (wRMIS) and each office shall be furnished a copy. RULE XIV. Effectivity This Circular takes effect fifteen (15) days after its publication in two (2) newspapers of general circulation. The Records Officer of this Agency is hereby directed to file three (3) certified copies thereof with the University of the Philippines Law Center pursuant to Section 3, Chapter 2 Book VII of the Administrative Code of 1987. l " SEC. i ID 0 S LAPENA, Ph.D., CSEE Director General