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Presidents
alter ego. Having said this, the President entrusted the Vice President, whom we all know came from a rival political
party, a position in his official family in deference to the wishes of our people who want both leaders to work together
and succeed.
As a Cabinet member, the Vice President is expected to be a team player where differences in policies and issues
are discussed during Cabinet meetings. The President in turn respects any decision agreed upon by his Cabinet.
Recent events, however, showed the differences between the President and the Vice President as becoming
irreconcilable and public.
The Vice President has served our people for many years in various capacities and we wish her to continue this
unhampered service to the nation to the best of her abilities.
Public office is a public trust. Public officers and employees must, at all times, be accountable to the people,
serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead
modest lives. The Constitution, Article XI, Section 1
Too often we dont even try. That repeat of the opening line in this writers Sunday column applies not just to
the Beatitudes of holiness expounded then, but also to the above-quoted tenets of public service set out in the
Constitution.
x
Amid rampant sleaze and misgovernance, from record-setting smuggling, crime and pork barrel under President
Benigno Aquino 3rd (see Is Aquino Corrupt? at The Manila Times at http://www.manilatimes.net/is-aquinocorrupt/217735/), to laglag-bala, commuter train, combat chopper, and even license plate scandals, its easy to
think that people in government are utter incompetents, grafters or both.
Thankfully, the annual Honor Awards of the Civil Service Commission (CSC), held yesterday in Malacaang,
remind Filipinos who happen to read about it that many public servants do live and perform by the first section
of the Constitutions Article XI, titled Accountability of Public Officers.
Last Sunday and this Tuesday and Thursday, this column recounts the expert, diligent and honest work of the
2015 crop of Lingkod Bayani, servant-heroes extolled in the CSC awards as exemplars for all 1.3 million
public servants from barangay to Palace.
If readers feel like turning to another story, probably one featuring some government scam or fiasco, thats one
reason why public servants lose motivation to serve with excellence, integrity, and commitment: nil public and
media interest in excellent, honest and committed officials and personnel.
provincial agriculturist Dina Genzola managed the Negros First Universal Crop Insurance Program, which
helped indemnify more than 11,000 farmers at total of P23 million for crop failure and calamities.
Several medical personnel also won Presidential Lingkod Bayan Awards. As executive director of the Philippine
Childrens Medical Center, Dr. Julius Lecciones upgrade and expanded the PCMC, benefiting thousands of boys
and girls from all over the country treated at its top-ranked facility.
Lamer Saber did the same for the Amai Pakpak Medical Center he heads in Marawi City, transforming a
government-run medical center into a modern, state-of-the-art medical facility meeting international standards,
according to his award citation. And Abra medical technologist Lilibeth Martin established a one-stop malaria
treatment center, which helped rid the province of the killer disease.
If the foregoing and yet incomplete awards listing is impressive, there is a third batch, the CSC Pag-asa
Awardees, recognized for contributions enhancing their units and agencies. They will be covered on Thursday.
Even better news: these awards have been given for decades, so the exemplars run into hundreds, every story
worthy of telling for fellow civil servants and young people to be inspired, and for Filipinos to see that our
government can work.
So in this election season, spare a thought for the Dangal ng Bayan, Presidential Lingkod Bayan, and CSC Pagasa Awardees. They have already delivered the topnotch public service that headline-hogging politicos promise
in exchange for your vote.
Committee within three session days thereafter. The Committee, after hearing, and by a majority vote
of all its Members, shall submit its report to the House within sixty session days from such referral,
together with the corresponding resolution. The resolution shall be calendared for consideration by
the House within ten session days from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm a
favorable resolution with the Articles of Impeachment of the Committee, or override its contrary
resolution. The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate
shall forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same official more than once within a
period of one year.
(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for
that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on
trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be
convicted without the concurrence of two-thirds of all the Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted shall
nevertheless be liable and subject to prosecution, trial, and punishment, according to law.
(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of
this section.
Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be provided by law.
Section 5. There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be
appointed.
Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies,
shall be appointed by the Ombudsman, according to the Civil Service Law.
Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor.
It shall continue to function and exercise its powers as now or hereafter may be provided by law,
except those conferred on the Office of the Ombudsman created under this Constitution.
Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at
the time of their appointment, at least forty years old, of recognized probity and independence, and
members of the Philippine Bar, and must not have been candidates for any elective office in the
immediately preceding election. The Ombudsman must have, for ten years or more, been a judge or
engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for
in Section 2 of Article 1X-A of this Constitution.
Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at
least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for
every vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be
filled within three months after they occur.
Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and they shall receive the same salary which shall
not be decreased during their term of office.
Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the election immediately succeeding
their cessation from office.
Section 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on
complaints filed in any form or manner against public officials or employees of the Government, or
any subdivision, agency or instrumentality thereof, including government-owned or controlled
corporations, and shall, in appropriate cases, notify the complainants of the action taken and the
result thereof.
Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties:
(1) Investigate on its own, or on complaint by any person, any act or omission of any public official,
employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or
inefficient.
(2) Direct, upon complaint or at its own instance, any public official or employee of the Government,
or any subdivision, agency or instrumentality thereof, as well as of any government-owned or
controlled corporation with original charter, to perform and expedite any act or duty required by law, or
to stop, prevent, and correct any abuse or impropriety in the performance of duties.
(3) Direct the officer concerned to take appropriate action against a public official or employee at fault,
and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith.
(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be
provided by law, to furnish it with copies of documents relating to contracts or transactions entered
into by his office involving the disbursement or use of public funds or properties, and report any
irregularity to the Commission on Audit for appropriate action.
(5) Request any government agency for assistance and information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent records and documents.
(6) Publicize matters covered by its investigation when circumstances so warrant and with due
prudence.
(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and the observance of high standards
of ethics and efficiency.
(8) Promulgate its rules of procedure and exercise such other powers or perform such functions or
duties as may be provided by law.
Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly released.
Section 15. The right of the State to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees, shall not be barred by prescription,
laches, or estoppel.
Section 16. No loan, guaranty, or other form of financial accommodation for any business purpose
may be granted, directly or indirectly, by any government-owned or controlled bank or financial
institution to the President, the Vice-President, the Members of the Cabinet, the Congress, the
Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity in
which they have controlling interest, during their tenure.
Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as
may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the
case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme
Court, the Constitutional Commissions and other constitutional offices, and officers of the armed
forces with general or flag rank, the declaration shall be disclosed to the public in the manner
provided by law.
Section 18. Public officers and employees owe the State and this Constitution allegiance at all times
and any public officer or employee who seeks to change his citizenship or acquire the status of an
immigrant of another country during his tenure shall be dealt with by law.
DBP President and CEO Gil A. Buenaventura, officials and staff of the Development Bank of the
Philippines, fellow lingkod bayani, good morning! On behalf of the Civil Service Commission, let me
congratulate you for spearheading the 2nd Corporate Governance Month and for holding this Good
Governance Forum.
INTRODUCTION OF CSC
Good governance is almost always a contentious topic. The way public institutions manage public
affairs and public resources is something that draws controversy and criticism. This also concerns us
to the very core. Why? As the premiere human resource institution of the Philippine bureaucracy, our
work cuts across human resource management, organization development, national development,
and anti-corruption.
Historically, the CSC was created to uphold a merit-based recruitment system. We should take this in
the context of reversing the growing culture of corruption in the colonial government, where positions
could be bought and officials could be bribed. This means only the best and the brightest should be in
the government service. The rationale behind this is that excellent human resource equals excellent
public service. From a bureau in the early 1900s to a Commission in the 1950s and onwards, the CSC
has assumed many roles in the broad range of HR functions, all in a bid to rid the bureaucracy of
corrupt and mediocre practices.
Today, CSC functions as the premiere human resource institution of the Philippine government. It also
acts as adviser to the President on human resource management of the Philippine government. As
provided under the 1987 Constitution, we are mandated to establish a career service, adopt
measures to promote morale, efficiency, integrity, responsiveness, and courtesy in the civil service,
strengthen the merit and rewards system, integrate all human resource development programs for all
levels and ranks, and institutionalize a management climate conducive to public accountability.
Your theme, Ethics, Integrity, and Accountability for Good Governance, is always a timely topic for the
CSC. I find it relevant because we are always in the thick of fighting corruption. It is an uphill climb, as
proven by what we see and hear in the media, in our offices, on the streets. It seems curbing
corruption is a mammoth task that cannot be neatly resolved like one would a simple mathematical
equation.
The web of corruption has different layers, many tentacles, and may spread like a virus if not
contained. If we all do our little part, however, we create opportunities to nip corrupt practices in the
bud. People say it is a hopeless case, but I say it is a work in progress. Let us not be disheartened by
criticism. Instead, let us take our jobs seriously, and be responsible and accountable in fighting
corruption.
Throughout my talk, let me share with you what the CSC has learned in upholding ethics, integrity,
and accountability for good governance.
ETHICS
Ethics has been defined in a variety of ways. In general, it is identified as the branch of philosophy
that deals with issues of right and wrong in human affairs. The University of Sta. Claras academic
journal, Issues in Ethics, says that ethics refers to well-founded standards of right and wrong that
prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society,
fairness, or specific virtue.
In the context of Philippine government, the highest standards of ethics are embodied in Republic Act
No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees. RA 6713
also bears the eight (8) norms of conduct commitment to public interest, professionalism, justness
and sincerity, political neutrality, responsiveness to the public, nationalism and patriotism,
commitment to democracy, and simple living. These norms of conduct govern the principle of ethics
for the lingkod bayani who works in an environment where corruption thrives. The same norms
promote the idea that even in the smallest of matters, a lingkod bayani should be able to withstand
temptation, reject mediocrity, and protect his or her integrity.
Administrative and disciplinary cases stem from failure to uphold ethical standards. A public servant
who does not spend all paid hours in official work is already stealing from the Filipino people.
Someone who does not report an anomalous transaction may have just allowed something worse to
happen. Sexual harassment in the workplace is also unethical and wrong. Today, we seem to be more
and more lax on what we consider as unethical.
It is alright to overlook things sometimes, or to let things pass. We tend to say, OK lang yan, lahat
naman ginagawa yan. But as they say, we become what we repeatedly do. Habits soon become
lifestyles. By not being vigilant enough, we become participants in maintaining an unethical culture.
In government, it is important to care enough so as to stop or stem unethical practices before they
become ingrained or systemic. The more we let things pass, the more ethical standards get
lowered.
"As public officials and employees, we have the duty of protecting not only our integrity
but also that of the government. We owe it to the Filipino people to have integrity. It
means we cannot be bribed, bought, swayed, coerced, or made to do something that
does not adhere to the highest moral standards."
INTEGRITY
Integrity, also known as moral uprightness and strong adherence to honesty and fairness, is closely
linked to ethics. Integrity also refers to wholeness and completeness. This is an important definition
and well worth thinking over. We hear expressions such as the integrity of the exam or the the
integrity of the document, which means something remains untainted, and was not tampered with or
altered. When a person commits something unethical, in a sense he or she also loses his or her
wholeness. There is damage already done to a persons character.
As much as possible, we would want to maintain our integrity. We cannot afford to do something that
would damage it. Some people may think that they maintain their integrity by keeping their
wrongdoings a secret. Exposed or not, however, they have already damaged their integrity. After all,
integrity involves doing the right thing even if nobody sees you.
As public officials and employees, we have the duty of protecting not only our integrity but also that
of the government. We owe it to the Filipino people to have integrity. It means we cannot be bribed,
bought, swayed, coerced, or made to do something that does not adhere to the highest moral
standards.
As the saying goes, people may doubt what you say but they will always believe what you do.
Leading hotel management executive, Maria R. Zec, expounds on this and advises people, Your
reputation and integrity are everything. Follow through on what you say youre going to do. Your
credibility can only be built over time, and it is built from the history of your words and actions.
Our government may be measured by the history of its words and actions. This is how our people
gauge our integrity. I hope all of us here will be part of the best moments of our governments history
moments that champion integrity instead of destroy it. That is a challenge that I hope all of us will
be eager to accept.
ACCOUNTABILITY
We always hear the phrase public office is a public trust. Ang ibig sabihin nito, may pananagutan
tayo sa taumbayan. Lahat ng ginagawa natin, ginagastos natin, isinasa-katuparan natin ay
pananagutan natin sa taumbayan. Sabi nga sa Panunumpa ng Lingkod Bayan: Ang bawat sandali ay
ituturing kong gintong butil na gagawin kong kapaki-pakinabang. Lagi kong isasaalang-alang ang
interes ng nakararami bago ang sarili kong kapakanan.
Working in government is different because we are not only looking out for ourselves or for our
organization. Our focus is delivering services for the benefit of our main clientelethe Filipino people.
We are primarily here to serve, and not to be served.
Kapag pinag-uusapan ang accountability in the context of public service, laging tutumbukin ang
public funds. This is especially a touchy topic in a country like ours kung saan mas nakararami ang
namumuhay below poverty line, at mataas pa ang buwis at presyo ng mga bilihin.
Ang isyu ng korupsyon ay damang-dama ng ordinaryong Pilipino sa kanyang bulsa. Kaya
napakahalagang maging accountable sa pamamahala ng pondong ipinagka-katiwala sa atin. Ito ay
galing sa taumbayan, at nararapat lamang na maibalik sa kanila in the form of public service
excellence. DBP is an expert in this discourse, especially since it is a development bank and
addresses issues in poverty and social inequality. That is why I trust that it is a financial institution
that practices a great amount of accountability.
Needless to say, we will always be answerable to our own actions. When that time comes, I hope we
will be able to account for what we have done truthfully and straightforwardly.
"The web of corruption has different layers, many tentacles, and may spread like a virus
if not contained. If we all do our little part, however, we create opportunities to nip
corrupt practices in the bud."
TRANSLATING ETHICS, INTEGRITY, ACCOUNTABILITY INTO CSCS WORK
Now that I have briefly discussed ethics, integrity, and accountability, let me share with you what the
CSC has been doing to create a working environment that promotes these three principles.
HR INITIATIVES
The basic idea we have at the CSC is that good people equals good governance. Hence, our focus
now is on strategic human resource and organization development or HR/OD, and through this we are
able to provide technical assistance and developmental interventions for the optimum performance of
government agencies.
After streamlining our programs, we have introduced five (5) HR initiatives. We have the Program to
Institutionalize Meritocracy and Excellence in Human Resource Management or PRIME-HRM that aims
to upgrade the maturity level of HR systems in government agencies to make them at par with global
HR standards. We also have the Competency-Based Recruitment and Qualification System or CBRQS
that gauges both applicants and employees not just on the basis of their education, experience,
training, and eligibility, but on a set of required competencies as well.
Through the Leadership and Coaching Program or LCP that we have, we adopt the coaching approach
to help our human resource get over hurdles and challenges in their career. Meanwhile, the
Competency-Based Learning and Development Program or CBLDP directly addresses the problem of
competency gaps through trainings and HR interventions, preparing individuals as their agencies
upgrade their maturity level. Lastly, we have the Strategic Performance Management System or SPMS
a performance evaluation system that links individual performance to organizational performance.
The CSCs HR initiatives are meant to help both individual and organization reach their maximum
potential. By focusing on HR/OD interventions, we are fulfilling our role as the Philippine governments
premier HR institution and helping agencies nationwide to efficiently reach their goals.
"Kaya binabantayan naming maigi ang mga frontline services. Naniniwala akong hindi
na kailangan pang ipaliwanag ang konsepto ng good governance sa taumbayan mas
mahalagang maramdaman nila ito sa sarili nila, kahit mula lamang sa pagkuha ng
lisensya o pasaporte, sa pagbayad ng government fees, o sa pakikipag-usap sa mga
lingkod bayan."
ANTI-RED TAPE ACT OR ARTA OF 2007
Aside from offering the HR initiatives, we have also been running several programs that address other
problems in good governance. The CSC spearheads the implementation of Republic Act No. 9485,
better known as the Anti-Red Tape Act or ARTA. Under this law, we battle red tape by checking
government service offices and evaluating how fast and efficient they are in responding to the needs
of their clients. ARTA requires government agencies to display their Citizens Chartera document
that details the process flow of frontline transactions as well as the estimated time and fees involved.
It also requires the display of Anti-Fixer Campaign materials as well as the establishment of the Public
Assistance and Complaints Desk or PACD.
We remain vigilant in ensuring compliance with the law through monitoring and evaluation
mechanisms. One is the ARTA Watch our surprise visit to government service offices nationwide to
check how their frontline transactions are faring. I, together with Commissioners Robert S. Martinez
and Nieves L. Osorio, have led different ARTA Watch teams in doing surprise visits in Manila, Luzon,
Visayas, and Mindanao. We talk to clients and get their opinion or comment about the quality of
service given them. ARTA Watch reports have helped us greatly in determining the areas for
improvement in terms of frontline services.
We also have the ARTA Report Card Survey or RCS through which we rank government service offices
as Excellent, Outstanding, Good, Acceptable, or Fail based on their performance in frontline
transactions and level of compliance with ARTA provisions. Those with Excellent ratings are
recognized with the Citizen Satisfaction Center Seal of Excellence award after validation, while those
who failed will be subjected to the Service Delivery Excellence Program or SDEPthe CSCs
intervention to help agencies improve their frontline services.
Since frontline transactions are the very basic touchpoint of government and its citizens, we consider
this a most important site to focus on. This is where the peoples impression of government is
cemented. Here is where the principles of ethics, accountability, and integrity are played out. More
importantly, this is where we have the best opportunity to stop corruption.
Kaya binabantayan naming maigi ang mga frontline services. Naniniwala akong hindi na kailangan
pang ipaliwanag ang konsepto ng good governance sa taumbayan mas mahalagang
maramdaman nila ito sa sarili nila, kahit mula lamang sa pagkuha ng lisensya o pasaporte, sa
pagbayad ng government fees, o sa pakikipag-usap sa mga lingkod bayan.
DISCIPLINE (CASES)
We also focus on discipline and rewards as a means to mold a competent and highly motivated
workforce. As a quasi-judicial body, the CSC hears administrative cases. We have committed to
deciding 70% of the administrative cases within 40 days from the time the case is ripe for resolution.
We have exceeded this target in 2013, and we would like to meet or even surpass our target of 95%
by 2015. This means disciplinary actions are efficiently imposed on erring officials and employees. As
justice is served, ethics, integrity, and accountability are preserved.
We also released the new Statement of Assets, Liabilities, and Net Worth or SALN form after a series
of consultations with various government offices and employee groups. The new form is simpler in
order to avoid confusion, and there are corresponding guidelines on how one should fill out the form.
We continue to recognize the importance of the SALN as a tool to deter corruption in government.
Thus, we deem it necessary to continue fine-tuning the form to make filling it out easier, but still
having the needed alarm indicators to determine illegally acquired wealth of public officials and
employees. We also want it simplified because we dont want token compliance among public officials
and employees.
REWARDS (HAP/PLBi)
Aside from promoting discipline, we continue to enhance our recognition programs. We have the
Honor Awards Program or HAP, under which we hold the annual Search for Outstanding Public Officials
and Employees. The award categories under HAP are the highest recognition that state workers can
get throughout their career. The awards are conferred by the President of the Republic at the
Malacaan Palace.
We also have the Pamanang Lingkod Bayan or PLBi program, through which we honor those who have
offered their lives for the service of the Filipino people. More than just recognizing the many heroic
and inspiring men and women in government who personify the spirit of public service, the
Commission also sees the need to acknowledge those civilian public servants who risked their lives,
died while in the pursuit of their respective functions, or were killed in the line of duty. Under the PLBi,
we are able to give cash assistance and scholarship grants to their loved ones left behind.
Through these programs, we are able to take care of the 1.4 million-strong government workforce,
guiding and encouraging them to pursue public service excellence at all costs.
INSPIRING DBP TO DO THE SAME/CLOSING
As the countrys premiere development financial institution, the Development Bank of the Philippines
is at the forefront of safeguarding the countrys economic standing. Since development banking is
especially needed in developing countries like ours, you have the impetus for exercising ethics,
integrity, and accountability in the name of good governance.
Handling development financing, treasury, trust, trade, investment, and deposits may open up
opportunities to engage in less than moral activities, but remember that your actions will always echo
in the performance of the institution, and in the countrys economic growth.
I have explained in bold strokes how we uphold the principles of good governance. However, this is
not something that only one institution can shoulder. If it takes a whole army to fan the flames of
corruption, then it will also take a whole army to quench it. Kaagapay namin ang bawat ahensya,
kasama na ang DBP, sa pagtaguyod ng isang matatag, tapat, at epektibong gobyerno na
mapagkakatiwalaan ng taumbayan. I hope everyone here in corporate governance will likewise be
committed in this goal.
I am indeed grateful for the opportunity you have given me to speak with you today and share with
you the CSCs experience in promoting ethics, integrity, and accountability for good governance. I
look forward to hearing wonderful achievements of the DBP in the future, but most importantly, how it
has committed to good governance. Thank you and mabuhay ang DBP!
(a) "Government" includes the National Government, the local governments, and all
other instrumentalities, agencies or branches of the Republic of the Philippines including
government-owned or controlled corporations, and their subsidiaries.lawphi1.net
(b) "Public Officials" includes elective and appointive officials and employees, permanent
or temporary, whether in the career or non-career service, including military and police
personnel, whether or not they receive compensation, regardless of amount.
(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality, in
favor of another who accepts it, and shall include a simulated sale or an ostensibly
onerous disposition thereof. It shall not include an unsolicited gift of nominal or
insignificant value not given in anticipation of, or in exchange for, a favor from a public
official or employee.
(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a
person other than a member of his family or relative as defined in this Act, even on the
occasion of a family celebration or national festivity like Christmas, if the value of the gift
is neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange
for, a favor.
(e) "Loan" covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.
(f) "Substantial stockholder" means any person who owns, directly or indirectly, shares of
stock sufficient to elect a director of a corporation. This term shall also apply to the
parties to a voting trust.
(g) "Family of public officials or employees" means their spouses and unmarried children
under eighteen (18) years of age.
(h) "Person" includes natural and juridical persons unless the context indicates
otherwise.
(i) "Conflict of interest" arises when a public official or employee is a member of a board,
an officer, or a substantial stockholder of a private corporation or owner or has a
substantial interest in a business, and the interest of such corporation or business, or his
rights or duties therein, may be opposed to or affected by the faithful performance of
official duty.
(j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily,
completely and actually depriving or dispossessing oneself of his right or title to it in
favor of a person or persons other than his spouse and relatives as defined in this Act.
(k) "Relatives" refers to any and all persons related to a public official or employee within
the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.
Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official
and employee shall observe the following as standards of personal conduct in the
discharge and execution of official duties:
(a) Commitment to public interest. - Public officials and employees shall always uphold
the public interest over and above personal interest. All government resources and
powers of their respective offices must be employed and used efficiently, effectively,
honestly and economically, particularly to avoid wastage in public funds and revenues.
(b) Professionalism. - Public officials and employees shall perform and discharge their
duties with the highest degree of excellence, professionalism, intelligence and skill. They
shall enter public service with utmost devotion and dedication to duty. They shall
(a) Act promptly on letters and requests. - All public officials and employees shall, within
fifteen (15) working days from receipt thereof, respond to letters, telegrams or other
means of communications sent by the public. The reply must contain the action taken on
the request.
(b) Submit annual performance reports. - All heads or other responsible officers of offices
and agencies of the government and of government-owned or controlled corporations
shall, within forty-five (45) working days from the end of the year, render a performance
report of the agency or office or corporation concerned. Such report shall be open and
available to the public within regular office hours.
(c) Process documents and papers expeditiously. - All official papers and documents must
be processed and completed within a reasonable time from the preparation thereof and
must contain, as far as practicable, not more than three (3) signatories therein. In the
absence of duly authorized signatories, the official next-in-rank or officer in charge shall
sign for and in their behalf.
(d) Act immediately on the public's personal transactions. - All public officials and
employees must attend to anyone who wants to avail himself of the services of their
offices and must, at all times, act promptly and expeditiously.
(e) Make documents accessible to the public. - All public documents must be made
accessible to, and readily available for inspection by, the public within reasonable
working hours.
Section 6. System of Incentives and Rewards. - A system of annual incentives and
rewards is hereby established in order to motivate and inspire public servants to uphold
the highest standards of ethics. For this purpose, a Committee on Awards to Outstanding
Public Officials and Employees is hereby created composed of the following: the
Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen, and the
Chairman of the Commission on Audit, and two government employees to be appointed
by the President, as members.
It shall be the task of this Committee to conduct a periodic, continuing review of the
performance of public officials and employees, in all the branches and agencies of
Government and establish a system of annual incentives and rewards to the end that
due recognition is given to public officials and employees of outstanding merit on the
basis of the standards set forth in this Act.
The conferment of awards shall take into account, among other things, the following: the
years of service and the quality and consistency of performance, the obscurity of the
position, the level of salary, the unique and exemplary quality of a certain achievement,
and the risks or temptations inherent in the work. Incentives and rewards to government
officials and employees of the year to be announced in public ceremonies honoring them
may take the form of bonuses, citations, directorships in government-owned or
controlled corporations, local and foreign scholarship grants, paid vacations and the like.
They shall likewise be automatically promoted to the next higher position with the
commensurate salary suitable to their qualifications. 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. The Committee on Awards shall adopt its own rules
to govern the conduct of its activities.
Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public
officials and employees now prescribed in the Constitution and existing laws, the
following shall constitute prohibited acts and transactions of any public official and
employee and are hereby declared to be unlawful:
(a) Financial and material interest. - Public officials and employees shall not, directly or
indirectly, have any financial or material interest in any transaction requiring the
approval of their office.
(b) Outside employment and other activities related thereto. - Public officials and
employees during their incumbency shall not:
(1) Own, control, manage or accept employment as officer, employee, consultant,
counsel, broker, agent, trustee or nominee in any private enterprise regulated,
supervised or licensed by their office unless expressly allowed by law;
(2) Engage in the private practice of their profession unless authorized by the
Constitution or law, provided, that such practice will not conflict or tend to conflict with
their official functions; or
(3) Recommend any person to any position in a private enterprise which has a regular or
pending official transaction with their office.
These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from public office, except in the case of subparagraph (b) (2)
above, but the professional concerned cannot practice his profession in connection with
any matter before the office he used to be with, in which case the one-year prohibition
shall likewise apply.
(c) Disclosure and/or misuse of confidential information. - Public officials and employees
shall not use or divulge, confidential or classified information officially known to them by
reason of their office and not made available to the public, either:
(1) To further their private interests, or give undue advantage to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or
accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of
monetary value from any person in the course of their official duties or in connection
with any operation being regulated by, or any transaction which may be affected by the
functions of their office.
As to gifts or grants from foreign governments, the Congress consents to:
(i) The acceptance and retention by a public official or employee of a gift of nominal
value tendered and received as a souvenir or mark of courtesy;
(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship
or fellowship grant or medical treatment; or
(iii) The acceptance by a public official or employee of travel grants or expenses for
travel taking place entirely outside the Philippine (such as allowances, transportation,
food, and lodging) of more than nominal value if such acceptance is appropriate or
consistent with the interests of the Philippines, and permitted by the head of office,
branch or agency to which he belongs.
The Ombudsman shall prescribe such regulations as may be necessary to carry out the
purpose of this subsection, including pertinent reporting and disclosure requirements.
Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or
cultural exchange programs subject to national security requirements.
Section 8. Statements and Disclosure. - Public officials and employees have an obligation
to accomplish and submit declarations under oath of, and the public has the right to
know, their assets, liabilities, net worth and financial and business interests including
those of their spouses and of unmarried children under eighteen (18) years of age living
in their households.
(A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials and
employees, except those who serve in an honorary capacity, laborers and casual or
temporary workers, shall file under oath their Statement of Assets, Liabilities and Net
Worth and a Disclosure of Business Interests and Financial Connections and those of their
spouses and unmarried children under eighteen (18) years of age living in their
households.
The two documents shall contain information on the following:
(a) real property, its improvements, acquisition costs, assessed value and current fair
market value;
(b) personal property and acquisition cost;
(c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and
the like;
(d) liabilities, and;
(e) all business interests and financial connections.
The documents must be filed:
(a) within thirty (30) days after assumption of office;
(b) on or before April 30, of every year thereafter; and
(c) within thirty (30) days after separation from the service.
All public officials and employees required under this section to file the aforestated
documents shall also execute, within thirty (30) days from the date of their assumption
of office, the necessary authority in favor of the Ombudsman to obtain from all
appropriate government agencies, including the Bureau of Internal Revenue, such
documents as may show their assets, liabilities, net worth, and also their business
interests and financial connections in previous years, including, if possible, the year
when they first assumed any office in the Government.
Husband and wife who are both public officials or employees may file the required
statements jointly or separately.
The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business
Interests and Financial Connections shall be filed by:
(1) Constitutional and national elective officials, with the national office of the
Ombudsman;
(2) Senators and Congressmen, with the Secretaries of the Senate and the House of
Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court;
Judges, with the Court Administrator; and all national executive officials with the Office of
the President.
(3) Regional and local officials and employees, with the Deputy Ombudsman in their
respective regions;
(4) 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; and
(5) All other public officials and employees, defined in Republic Act No. 3019, as
amended, with the Civil Service Commission.
(B) Identification and disclosure of relatives. - It shall be the duty of every public official
or employee to identify and disclose, to the best of his knowledge and information, his
relatives in the Government in the form, manner and frequency prescribed by the Civil
Service Commission.
(C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall be
made available for inspection at reasonable hours.
(2) Such statements shall be made available for copying or reproduction after ten (10)
working days from the time they are filed as required by law.
(3) 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.
(4) Any statement filed under this Act shall be available to the public for a period of ten
(10) years after receipt of the statement. After such period, the statement may be
destroyed unless needed in an ongoing investigation.
(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement
filed under this Act for:
(a) any purpose contrary to morals or public policy; or
(b) any commercial purpose other than by news and communications media for
dissemination to the general public.
Section 9. Divestment. - A public official or employee shall avoid conflicts of interest at
all times. When a conflict of interest arises, he shall resign from his position in any
private business enterprise within thirty (30) days from his assumption of office and/or
divest himself of his shareholdings or interest within sixty (60) days from such
assumption.
The same rule shall apply where the public official or employee is a partner in a
partnership.
The requirement of divestment shall not apply to those who serve the Government in an
honorary capacity nor to laborers and casual or temporary workers.
Section 10. Review and Compliance Procedure. - (a) The designated Committees of both
Houses of the Congress shall establish procedures for the review of statements to
determine whether said statements which have been submitted on time, are complete,
and are in proper form. In the event a determination is made that a statement is not so
filed, the appropriate Committee shall so inform the reporting individual and direct him
to take the necessary corrective action.
(b) In order to carry out their responsibilities under this Act, the designated Committees
of both Houses of Congress shall have the power within their respective jurisdictions, to
render any opinion interpreting this Act, in writing, to persons covered by this Act,
subject in each instance to the approval by affirmative vote of the majority of the
particular House concerned.
The individual to whom an opinion is rendered, and any other individual involved in a
similar factual situation, and who, after issuance of the opinion acts in good faith in
accordance with it shall not be subject to any sanction provided in this Act.
(c) The heads of other offices shall perform the duties stated in subsections (a) and (b)
hereof insofar as their respective offices are concerned, subject to the approval of the
Secretary of Justice, in the case of the Executive Department and the Chief Justice of the
Supreme Court, in the case of the Judicial Department.
Section 11. Penalties. - (a) Any public official or employee, regardless of whether or not
he holds office or employment in a casual, temporary, holdover, permanent or regular
capacity, committing any violation of this Act shall be punished with a fine not exceeding
the equivalent of six (6) months' salary or suspension not exceeding one (1) year, or
removal depending on the gravity of the offense after due notice and hearing by the
appropriate body or agency. If the violation is punishable by a heavier penalty under
another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or
9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine
not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of
competent jurisdiction, disqualification to hold public office.
(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient
cause for removal or dismissal of a public official or employee, even if no criminal
prosecution is instituted against him.
(c) Private individuals who participate in conspiracy as co-principals, accomplices or
accessories, with public officials or employees, in violation of this Act, shall be subject to
the same penal liabilities as the public officials or employees and shall be tried jointly
with them.
(d) The official or employee concerned may bring an action against any person who
obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court
in which such action is brought may assess against such person a penalty in any amount
not to exceed twenty-five thousand pesos (P25,000). If another sanction hereunder or
under any other law is heavier, the latter shall apply.
Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of
this Act. - The Civil Service Commission shall have the primary responsibility for the
administration and enforcement of this Act. It shall transmit all cases for prosecution
arising from violations of this Act to the proper authorities for appropriate action:
Provided, however, That it may institute such administrative actions and disciplinary
measures as may be warranted in accordance with law. Nothing in this provision shall be
construed as a deprivation of the right of each House of Congress to discipline its
Members for disorderly behavior.
The Civil Service Commission is hereby authorized to promulgate rules and regulations
necessary to carry out the provisions of this Act, including guidelines for individuals who
render free voluntary service to the Government. The Ombudsman shall likewise take
steps to protect citizens who denounce acts or omissions of public officials and
employees which are in violation of this Act.
Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be
construed to derogate from any law, or any regulation prescribed by any body or agency,
which provides for more stringent standards for its official and employees.
Section 14. Appropriations. - The sum necessary for the effective implementation of this
Act shall be taken from the appropriations of the Civil Service Commission. Thereafter,
such sum as may be needed for its continued implementation shall be included in the
annual General Appropriations Act.
Section 15. Separability Clause. - If any provision of this Act or the application of such
provision to any person or circumstance is declared invalid, the remainder of the Act or
the application of such provision to other persons or circumstances shall not be affected
by such declaration.
Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof inconsistent
herewith, are deemed repealed or modified accordingly, unless the same provide for a
heavier penalty.
Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the
completion of its publication in the Official Gazette or in two (2) national newspapers of
general circulation.