2. At the end of this report, listeners will be able to
increase and demonstrate thorough understanding
of the following:
Nature of Public Office
Republic Act 6713 otherwise known as the Code of
Conduct and Ethical Standards for Public Officials
and Employees
3. I am Ms. Almira A. Verdan, Llb
Administrative Assistant II
Provincial Government -
Integrated Provincial Health
Office
S I L E N C E T H I N K A C T
S M I L E
My Motto:
4. Public Office
-the right, authority and duty, created and
conferred by law, by which, for a given period,
either fixed by law or enduring at the pleasure of
the creating power, an individual is invested with
some portion of the sovereign functions of the
government, to be exercised by him for the
benefit of the public. (Laurel vs. Desierto, G.R. No. 145368, April 12, 2002)
Public Officer
includes elective and appointive officials and
employees, permanent or temporary, whether in the
classified or unclassified or exempt service receiving
compensation, even nominal, from the government as
defined in the preceding subparagraph. RA3019
Government
Includes the National Government, the local
governments and all other instrumentalities.
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1
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5
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2
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.
0
7
0
6
Government Employee
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3
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8
-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 RA 6713.
-contract whereby one of the parties delivers to
another something not consumable so the latter
may use the same for a certain time and return it
Commodatum
Receiving any gift
-includes any person in the service of the
Government or any branch thereof of whatever
grade or class. old Administrative Code (Act No. 2657)
0
4
Loan
-covers simple loan and commodatum as well as
guarantees, financing arrangement or
accommodation intended to ensure its approval
5. Family of Public Officials/employees
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 co or owner or has a substantial interest in a
business
Person
includes natural & juridical persons unless
the context indicates otherwise
1
0
1
4
1
1
Relatives
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.
Divestment
1
2
-the transfer of title or disposal of interest in
property by voluntarily, completely and actually
depriving or dispossessing oneself of his right.
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3
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9
Substantial Stockholder
-means any person who owns, directly or
indirectly, shares of stock sufficient to elect a
director of a corporation
6. -The Administrative Code currently in force
during the Regime of the late then Pres. Corazon
Aquino was first forged in 1917 when the
relationship between the people and the
government was defined by the colonial order
prevailing during that era.
7. Efforts to achieve an integrative and
over-all recodification of its
provision resulted in the
Administrative Code of 1978 which
was never published and expressly
repealed.
8. With their aim to enhance the
effectiveness of the then government,
the existing administration opted to
incorporate a unified document as the
major structural, functional and
procedural principles and rules of
governance.
9. 1987 - year of the promulgation of
the Administrative Code of 1987
during the reign of then President
Corazon C. Aquino.
10.
11.
12. February 20, 1989 – RA 6713
was approved and took
effect on March 25, 1989
Enacted by the Senate and House of
Representatives of the Philippines
in Congress assembled.
15. 1. Must be created by law or ordinance authorized by law
2. Must possess sovereign functions of government to be
exercised for public interests
3. Functions must be defined expressly or impliedly by law
4. Functions must be exercised by an officer directly under
control of law, not under that of a superior officer unless
they are functions conferred by law upon inferior officers,
who by law, are under control of a superior; and
5. Must have some permanency or continuity, not temporary
or occasional.
16. Created to effect the end for which
government has been instituted which is
the common good; not profit, honor, or
private interest of any person, family or
class of persons (63 AAm Jur 2d 667)
17.
18. ANS: TO UPHOLD THE
TIME-HONORED PRINCIPLE
OF PUBLIC OFFICE BEING A
PUBLIC TRUST, GRANTING
INCENTIVES AND REWARDS
THEREFOR.
23. Section 4.
NORMS OF CONDUCT OF PUBLIC
OFFICIALS AND EMPLOYEES
1. Commitment to public
interest
2. Professionalism
3. Justness and
sincerity.
4. Political neutrality.
5. Responsiveness to the
public.
6. Nationalism and
patriotism.
7. Commitment to
democracy.
8. Simple living.
*These norms are enforced by the Constitutional office of the
Civil Service Commission
24. Section 5.
DUTIES OF PUBLIC OFFICIALS AND
EMPLOYEES
1. Act promptly on letters and requests.
2. Submit annual performance reports.
3. Process documents and papers
expeditiously.
4. Act immediately on the public’s personal
transactions.
5. Make documents accessible to the public.
25. Section 6.
SYSTEM OF INCENTIVES AND REWARDS
PURPOSE: TO MOTIVATE AND INSPIRE
PUBLIC SERVANTS TO UPHOLD THE HIGHEST
STANDARDS OF ETHICS.
BASIS: SUBMISSION OF ANNUAL
PERFORMANCE REPORTS AFTER THE END OF
THE YEAR
26. Section 6.
SYSTEM OF INCENTIVES AND REWARDS
CONSIDERATIONS FOR INCENTIVES & REWARDS:
1. Years of Service
2. Quality & consistency of Performance
3. Obscurity of the position
4. Level of Salary
5. Unique and Exemplary quality of a certain
achievement
6. Risks or temptations inherent in the work
27. Section 7.
PROHIBITED ACTS & TRANSACTIONS
1. FINANCIAL AND MATERIAL INTEREST: PUBLIC
OFFICIALS AND EMPLOYEES CANNOT HAVE
FINANCIAL OR MATERIAL INTEREST IN THEIR
OFFICE, WHETHER DIRECTLY OR INDIRECTLY
2. OUTSIDE EMPLOYMENT AND OTHER
ACTIVITIES RELATED THERETO: THESE ARE
DIVIDED INTO 3 SEPARATE PARTS:
28. Section 7.
PROHIBITED ACTS & TRANSACTIONS
These acts are prohibited during their incumbency
a. Having a stake or ownership of a private enterprise that is
handled by their office
b. Cannot practice their profession unless allowed by the law
which should not conflict with their current functions and duties
c. Refer any person to a private enterprise to any position which
has pending or regular transactions with their office.
These restrictions continue for 1 year after leaving the public
office (for appointed public officers only, not employees).
29. Section 7.
PROHIBITED ACTS & TRANSACTIONS
3. Disclosure and/or misuse of confidential
information: Self explanatory, If it is
confidential info, it is not to be disclosed.
4. Solicitation or acceptance of gifts: Officials
and Employees cannot accept gifts during
working hours and if it involves their office. It
is considered a form of bribery.
30. Section 8.
STATEMENTS AND DISCLOSURE
MANDATORY SUBMISSION OF STATEMENT
OF ASSETS AND LIABILITIES.
PURPOSE: To identify unexplained wealth
and potential conflicts of interest which is
punishable as determined by this code.
31. Section 8.
STATEMENTS AND DISCLOSURE
TRANSPARENCY
As specified in this section: the public has
the right to know the following under oath
Assets Liabilities
Net worth Financial &
business interests
33. Section 8.
STATEMENTS AND DISCLOSURE
These documents must be filed:
1. Within 30 days of assumption of office
2. on or before April 30 of every year thereafter
3. Within 30 days from the separation of office
Husbands and Wives who are both public
officials or employees may file jointly or
separately
TIMELINE OF FILING SALN
34. PERSONS REQUIRED TO FILE SALN & FINANCIAL DISCLOSURE
Constitutional and National elective officials,
with the Office of the Ombudsman
Senators and Congressmen
Secretaries of Senate and the House of
Representatives
Justices
Clerk of Court of the Supreme Court Judges
Court Administrator National executive officials under the Office of
the President
Regional and Local officials and employees,
along with the regional deputy ombudsman
Officers of the armed forces from the rank of
colonel or naval captain, with the Office of the
President, and those below said ranks, with
the Deputy Ombudsman in their respective
regions.
All other public officials and employees, defined in
Republic Act 3019 (ANTI-GRAFT AND CORRUPT
PRACTICES ACT), as amended, with the Civil Service
Commission.
35. Section 9.
DIVESTMENT
A public official or employee shall not have conflicts
of interest. If it arises, he should resign from his
position within 30 days from assumption and 60 days
for his shareholdings or interest.
Those who are exempted from this are the same as
those exempted from filing SALNs and Financial
Disclosure.
36. Section 11.
PENALTIES
FINE NOT EXCEEDING 6 MONTHS SALARY OR
SUSPENSION NOT EXCEEDING 1 YEAR OR
REMOVAL, DEPENDING ON THE GRAVITY OF
THE OFFENSE AFTER HEARING. IF THE
VIOLATION IS PUNISHABLE UNDER ANOTHER
LAW, IF IT HAS A HEAVIER PENALTY, THAT
WOULD BE CHARGED AND PERSECUTED
UNDER THAT LAW.
37. Section 11.
PENALTIES
VIOLATIONS OF SECTIONS 7, 8 AND 9 (PROHIBITED
ACTS AND TRANSACTIONS, STATEMENTS AND
DISCLOSURES AND DIVESTMENT RESPECTIVELY)
ARE SUBJECTED TO IMPRISONMENT NOT
EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING
5000 PESOS OR BOTH, AND BY THE DISCRETION OF
THE COURT, DISQUALIFIED FROM HOLDING PUBLIC
OFFICE.
38. Promulgation of Rules, Regulations, Administration
and Enforcement of this Act
THE CIVIL SERVICE COMMISSION WILL BE THE
ONES RESPONSIBLE FOR ENACTING THIS LAW,
WHILE RELEVANT COMMITTEES IN THE SENATE
AND HOUSE OF REPRESENTATIVES WILL REVIEW
SALNS AND FINANCIAL DISCLOSURES TO ENSURE
COMPLIANCE.
Section 12.
39.
40.
41.
42. CREDITS: This presentation template
was created by Slidesgo, including
icons by Flaticon, and infographics &
images by Freepik.
43. REFERENCES
● 1987 Constitution
● EO 292
● Supreme Court Reports Annotated
● RA 6713
● Reviewer on Law on Public Officers
● 63 AAm Jur 2d 667
● Laurel vs. Desierto, G.R. No. 145368, April 12, 2002)
● old Administrative Code (Act No. 2657)
Editor's Notes
Topic #IX in HRM Syllabus
01 – “ Pnoy- Kayo ang Boss ko.”
02 –
i.e. The National Centennial Commission performs executive functions,
generally defined as the power to enforce and administer the laws and
performs sovereign functions. It is, therefore, a public office, and its
Chair is a public officer.
01 – “ Pnoy- Kayo ang Boss ko.”
02 –
i.e. The National Centennial Commission performs executive functions,
generally defined as the power to enforce and administer the laws and
performs sovereign functions. It is, therefore, a public office, and its
Chair is a public officer.
Which according to them, a New Administrative Code will be of optimum benefit to the people and government officers and employees as it embodies changes in administrative structures and procedures designed to serve the people. EO 292
Which according to them, a New Administrative Code will be of optimum benefit to the people and government officers and employees as it embodies changes in administrative structures and procedures designed to serve the people. EO 292
Which according to them, a New Administrative Code will be of optimum benefit to the people and government officers and employees as it embodies changes in administrative structures and procedures designed to serve the people. EO 292
Section 1, Art. XI, 1987 Constitution states that Public Office is a public Trust. Based on a decided case of Morfe v. Mutuc, it is a responsibility and not a right.
Public service requires integrity and discipline. For this reason, public
servants must exhibit at all times the highest sense of honesty and
dedication to duty. By the very nature of their duties and
responsibilities, public officers and employees must faithfully adhere to
hold sacred and render inviolate the constitutional principle that a
public office is a public trust; and must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty and
efficiency. (Galero vs. Court of Appeals, G.R. No.151121, July 21, 2008)
This law contains the standards which public employees must follow and contains penalties for its violation
1.Employees and Officials should put the public interest above their own, that means honesty in usage of government funds and property and to be used for office purposes only.
2. Government employees and officials should do their duty in a competent manner just like in the private industry, as the general public would be the ones that would benefit from the services offered.
3. Public Officials and Employees are expected to have good morals. They are also not allowed to discriminate by wealth.
4. Public Officials and Employees are not allowed to discriminate by political beliefs or ideology
5. Just like Professionalism, government employees should provide the best service that they can provide to the public and assist them with any concerns that they have. They should provide info that the public can understand clearly.
6. Government officials and employees are required to be loyal to the state, obviously since it is the state itself who is paying the salary. It is a crime to change nationalities or apply for immigration during his tenure.
7. As the Philippines itself has a democratic form of government where authority is derived from the voting populace. Officials and Employees are expected to uphold the constitution, recognize the superiority of civilian authority to military and put the country above party lines or persons.
8. As public servants generally receive lower salaries than private companies (Although retirement benefits for retiring government officials are much, much better), they are expected to live a lifestyle in proportion to their salary and not engage in extravagance like some “instagram influencers”. This is why they need to submit Statements of Assets, Liabilities and Net Worth, to check if there are any discrepancies.
Act promptly on letters and requests: Government employees are required within 15 working days to reply to letters, emails, phone calls, etc. Must contain the action taken on the request
Submit annual performance reports: 45 working days from the end of the year, government offices are required to submit annual performance reports as a basis to check the performance of each office and to select outstanding officials and employees. These reports are available for public viewing
Process documents and papers expeditiously: All official documents and papers must be processed and completed at a reasonable timeframe. No more than 3 signatories are required and if that signatory is absent, The next officer would sign on his behalf.
Act immediately on the public’s personal transactions: Government employees must attend to the public at all times.
Make documents accessible to the public: Non confidential documents should be available for inspection by the public within working hours.
The committee supervising this is the Committee on Awards to Outstanding Public Officials and Employees. They are composed of the following;
Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen.
Chairman of the Commission on Audit and 2 Government employees selected by the President of the Philippines as Members.
Incentives and rewards may take the form of the following
Bonuses
Citations
Directorships in Government Owned and Controlled Corporations
Local and Foreign scholarship grants
Paid Vacations
The awardees are automatically promoted to the next higher rank with an upgraded salary. In case there is no next higher position or it is not vacant, said position shall be included in the budget of the office in the next General Appropriations Act.
They also have to include these 4 of their spouses and unmarried children 18 years of age in their SALNs
As stated in Article 11 Section 16 of the constitution, these are the officials that would disclose their SALNs publicly
President
Vice President
Cabinet Members
Philippine Congress
Supreme court
Constitutional Commissions (CSC, COMELEC, COA)
Constitutional Offices
AFP officers with general or flag rank
Identification and disclosure of relatives. — You must disclose your relatives in the government.
Accessibility of documents. — The documents mentioned should be made available for inspection at reasonable working hours.
They must be available for copying and reproduction after 10 working days from the time of filing
Any person requesting a copy of a statement shall be required to pay a reasonable fee to cover the cost of reproduction and mailing of such statement, as well as the cost of certification.
SALNs and Financial Disclosures have a retention rate of 10 years, after that, they can be destroyed unless needed in an ongoing investigation.
These documents cannot be used for any purpose contrary to morals or public policy, or for commercial purposes other by media for purpose of dissemination.
They also have to include these 4 of their spouses and unmarried children 18 years of age in their SALNs
Any violation proven in a proper administrative proceeding shall be sufficient cause of removal, even though no criminal charges will be filed.
Private individuals who participate with these charges would be tried jointly along with the public officer or employee, with the same penalties.
If any official or employee would bring a complaint to a person who violates the prohibited acts regarding SALNs and Financial disclosures (Section 8D) will be fined not more than 25000 pesos.
Any violation proven in a proper administrative proceeding shall be sufficient cause of removal, even though no criminal charges will be filed.
Private individuals who participate with these charges would be tried jointly along with the public officer or employee, with the same penalties.
If any official or employee would bring a complaint to a person who violates the prohibited acts regarding SALNs and Financial disclosures (Section 8D) will be fined not more than 25000 pesos.