Philippine Civil Service Exam Reviewer: Republic_Act_No

[REPUBLIC ACT NO. 6713]

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS

FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED

GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE,

ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING

PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in

Section 1. Title. — This Act shall be known as the "Code of Conduct and Ethical

Standards for Public Officials and Employees."

Section 2. Declaration of Policies. — It is the policy of the State to promote a

high standard of ethics in public service. Public officials and employees shall at all times

be accountable to the people and shall discharge their duties with utmost responsibility,

integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and

uphold public interest over personal interest.

Section 3. Definition of Terms. — As used in this Act, the term:

(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.

(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.

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

(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

(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

(g) "Family of public officials or employees" means their spouses and unmarried

children under eighteen (18) years of age.

PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST,

(h) "Person" includes natural and juridical persons unless the context indicates

(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

(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

(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

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

endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of

people at all times. They must act with justness and sincerity and shall not discriminate

against anyone, especially the poor and the underprivileged. They shall at all times

respect the rights of others, and shall refrain from doing acts contrary to law, good

morals, good customs, public policy, public order, public safety and public interest. They

shall not dispense or extend undue favors on account of their office to their relatives

whether by consanguinity or affinity except with respect to appointments of such

relatives to positions considered strictly confidential or as members of their personal

staff whose terms are coterminous with theirs.

(d) Political neutrality. — Public officials and employees shall provide service to

everyone without unfair discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. — Public officials and employees shall extend

prompt, courteous, and adequate service to the public. Unless otherwise provided by

law or when required by the public interest, public officials and employees shall provide

information of their policies and procedures in clear and understandable language,

ensure openness of information, public consultations and hearings whenever

appropriate, encourage suggestions, simplify and systematize policy, rules and

procedures, avoid red tape and develop an understanding and appreciation of the socio-

economic conditions prevailing in the country, especially in the depressed rural and

(f) Nationalism and patriotism. — Public officials and employees shall at all times

be loyal to the Republic and to the Filipino people, promote the use of locally produced

goods, resources and technology and encourage appreciation and pride of country and

people. They shall endeavor to maintain and defend Philippine sovereignty against

(g) Commitment to democracy. — Public officials and employees shall commit

themselves to the democratic way of life and values, maintain the principle of public

accountability, and manifest by deeds the supremacy of civilian authority over the

military. They shall at all times uphold the Constitution and put loyalty to country above

(h) Simple living. — Public officials and employees and their families shall lead

modest lives appropriate to their positions and income. They shall not indulge in

extravagant or ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1)

observance of these standards including the dissemination of information programs and

workshops authorizing merit increases beyond regular progression steps, to a limited

number of employees recognized by their office colleagues to be outstanding in their

observance of ethical standards; and (2) continuing research and experimentation on

measures which provide positive motivation to public officials and employees in raising

the general level of observance of these standards.

Section 5. Duties of Public Officials and Employees. — In the performance of

their duties, all public officials and employees are under obligation to:

(a) Act promptly on letters and requests. — All public officials and employees shall,

within fifteen (15) working days from receipt thereof, respond to letters, telegrams or

other means of communications sent by the public. The reply must contain the action

(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.

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

(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

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

(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

(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.

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

(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

Nothing in this Act shall be construed to restrict or prohibit any educational,

scientific or cultural exchange programs subject to national security requirements.

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.

Section 8. Statements and Disclosure. — Public officials and employees have

24 25

(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

The two documents shall contain information on the following:

(a) real property, its improvements, acquisition costs, assessed value and current

(b) personal property and acquisition cost;

(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

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

(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

(3) Regional and local officials and employees, with the Deputy Ombudsman in

(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

(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.

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

(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

The same rule shall apply where the public official or employee is a partner in a

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.

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

(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.

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

(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 (P25,000.00). 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.

Approved, February 20, 1989.

Philippine Civil Service Exam Reviewer

Republic_Act_No_6713

No comments:

Post a Comment