Philippine Civil Service Examination Review — Code of Conduct and Ethical Standards and Accountability of Public Officials and Employees.

One of the most important topics that you have to mainly review is Republic Act 6713, known as Code of Conduct and Ethical Standards of Public Officials and Employees. This law contains the standards which public employees must follow and contains penalties for its violation. Another one is Article 11 of the Philippine Constitution, Accountability of Public Officers. It establishes the Independent office of the Ombudsman who can recommend a case to the Sandiganbayan, a specialized court who hears cases of graft and corruption in the government. It also contains Impeachment Procedures.

This is important as these govern the rules and regulations that government officials and employees must follow. You have to be aware of the restrictions stated in this law.

We are going to explore R.A. 6713 in detail

R.A. 6713

Norms of Conduct of Public Officials and Employees

Section 4 of this act contains the 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.

Summarizing these norms, we get the following.

Commitment to public interest: 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.

Professionalism: 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.

Justness and sincerity: Public Officials and Employees are expected to have good morals. They are also not allowed to discriminate by wealth.

Political neutrality: Public Officials and Employees are not allowed to discriminate by political beliefs or ideology

Responsiveness to the public: 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.

Nationalism and patriotism: 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.

Commitment to democracy: 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.

Simple living: 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.

These norms are enforced by the Constitutional office of the Civil Service Commission, the ones who are in charge of the Civil Service Exams.

Duties of Public Officials and Employees.

In Section 5 of this Act, states the 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.

Summarizing these duties, we get the following

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.

System of Incentives and Rewards.

The government offers incentives and rewards to performing government officials and employees. This is based on the submission of Annual Performance Reports after the end of the year. This is stated in Section 6 of the act.

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.

Conferment of awards shall take into account the following:

1. Years of service
2. Quality and 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

Incentives and rewards may take the form of the following

1. Bonuses
2. Citations
3. Directorships in Government Owned and Controlled Corporations
4. Local and Foreign scholarship grants
5. 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.

Prohibited Acts and Transactions

Section 7 of the act contains the prohibited acts and transactions. Doing these acts are considered unlawful by the constitution.

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. 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).

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.

Statements and Disclosure

If you are a public employee, just like officers, you have to submit SALN also. The only difference is that your assets would be private to the public and only to be inspected internally. Only the top public officials like Congress, Executive Cabinets, Supreme Court and the like would be publicized, although the media only discloses the total net worth, this is how we would know who is the richest congressman. But recent rules have been enacted by the House of Representatives that would require majority vote to disclose a particular congressman's SALN. I am pretty sure these crocodiles have something to hide since Sereno’s quo warranto ruling. Philippine politics ain’t for ******* amateurs, *************.

Typical filipino politician in the wild, colorized

Now back to the topic. SALNs are used to identify unexplained wealth and potential conflicts of interest, which can raise eyebrows. These have been used in the Impeachment trials of Joseph Estrada and Renato Corona, which is why congressmen have decided to restrict its access. The courts will have to determine if those rules are constitutional or not.

Without further ado, here is Section 8 — Statements and Disclosure.

As specified in section 8, the public has the right to know the following under oath.

1. Assets
2. Liabilities
3. Net worth
4. Financial and Business interests

They also have to include these 4 of their spouses and unmarried children 18 years of age in their SALNs

Those who are exempt from filing SALNs are:

1. Serving in a honorary capacity
2. Laborers
3. Casual or Temporary workers

Remember, SALNs and Financial Disclosure are 2 separate documents that a public servant must file.

These 2 documents must contain:

1. Real property, its improvements, Acquisition Costs, Assessed value and Fair Market Value. — Real property is your owned land plus house and any structure that you cannot move, or whatever improvements made in that land that can increase its value
2. Personal property and acquisition cost — Personal property is the things that you own that you have bought with your own money or assets. You have to file the acquisition cost, not current value whether it appreciates or depreciates.
3. all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like; — Self explanatory
4. Liabilities — Your debts or obligations owed.
5. all business interests and financial connections — All Business activities have to be disclosed

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

SALNs and Financial Disclosure must be filed by these persons:

1. Constitutional and National elective officials, with the Office of the Ombudsman
2. Senators and Congressmen
3. Secretaries of Senate and the House of Representatives
4. Justices
5. Clerk of Court of the Supreme Court
6. Judges
7. Court Administrator
8. National executive officials under the Office of the President
9. Regional and Local officials and employees, along with the regional deputy ombudsman
10. 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.
11. All other public officials and employees, defined in Republic Act 3019 (ANTI-GRAFT AND CORRUPT PRACTICES ACT), as amended, with the Civil Service Commission.

As stated in Article 11 Section 16 of the constitution, these are the officials that would disclose their SALNs publicly

1. President
2. Vice President
3. Cabinet Members
4. Philippine Congress
5. Supreme court
6. Constitutional Commissions (CSC, COMELEC, COA)
7. Constitutional Offices
8. 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.

Divestment

According to Section 9 of this Act. 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.

Penalties

Any public official or employee, whether or not currently employed who commits any violation of this act will be subjected to a 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.

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.

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.

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.

That's the relevant information that you need to know about RA 6713. Another important topic is Article 11 of the Philippine Constitution.

Accountability of Public Officers

Article 11 of the Philippine Constitution contains the ways that public officials can be held accountable. It also states the nature of public office in the constitution

Section 1. 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.

As such, public officers and employees need to be accountable. Impeachment is one of the methods in the constitution to remove an official from his position as high ranking officials are immune to criminal charges and potential conflicts of interest may arise as the persecution answers to the Department of Justice which is under the Office of the President. The Ombudsman may file charges to a special court called the Sandiganbayan which handles cases of Graft and Corruption or Municipal Trial Courts for other charges outside of the jurisdiction of Sandiganbayan.

Source: BBC News.

These are the officials that can be impeached:

1. President
2. Vice President
3. Members of the Supreme Court
4. Members of the Constitutional Commissions
5. Ombudsman

They can be impeached for these reasons, known as the Articles of Impeachment if a complaint passes through

1. Culpable violation of the Constitution
2. Treason
3. Bribery
4. Graft and Corruption
5. High Crimes
6. Betrayal of public trust

Other officers and employees are removed through law but not impeachment.

Impeachment process, simplified

The House of Representatives has the authority to initiate all cases of impeachment process, and make rules for the procedure.

Fast tracking an impeachment process as stated in Article 11 Section 3.4 requires 1/3 of the vote from the house. Trial shall commence in the senate

Here are the summarized steps for impeachment by the constitution.

1. Verified complaint of impeachment may be filed by a congressman or any citizen endorsed by a congressman.
2. Included in the order of business within 10 session days
3. Referred to the proper committee within 3 session days
4. The committee then conducts a hearing and should have a majority vote for the complaint to proceed
5. The committee submits its report to the house within 60 session days with the resolution.
6. The resolution should be calendared for consideration within 10 session days from the receipt.
7. It takes 1/3 of the vote from the congressmen to approve the resolution, with the articles of impeachment.
8. No impeachment proceedings shall be initiated against the same official more than once within a period of one year.
9. The Senate has the sole authority to try all cases of impeachment
10. If the President is on trial, the Chief Justice will preside, but will not vote
11. 2/3 of the Senate is needed to convict that official for impeachment.
12. Judgement of impeachment cases are only limited to removal from office and disqualification. The impeached official can now be subjected to trial according to law.
13. It is up to the congress to make rules on impeachment procedures to carry out the purpose of the section.

As stated, an impeachment is not like a criminal trial, the only purpose is to remove the official from his office, impeached officials can be acquitted or pardoned.

Ombudsman

If the Solicitor General is the legal counsel of the government and represents the government from any charges filed to it. The Ombudsman would be the one to investigate and prosecute government officials accused of crimes. Along with the deputies, they are the protectors of the people.

Known as Tanodbayan in Filipino, the Ombudsman is responsible for keeping government officials accountable. It is an independent office.

The Office of the Ombudsman is created by the Constitution. Article 11 Section 5.

It is composed of the Ombudsman, Deputy Ombudsman, each deputy for Luzon, Visayas and Mindanao, and for the Military and Police.

According to the Civil Service Law, Officials and Employees aside from the deputies shall be appointed by the Ombudsman.

Requirements for the Ombudsman and the Deputies

1. Natural born filipino citizens
2. 40 years old at the time of appointment
3. Recognized probity and independence
4. Member of the Integrated Bar of the Philippines
5. Not have been a candidate for any elective office in the preceding elections
6. 10 years experience of being a judge or practiced law in the Philippines

The Ombudsman and the deputies are also subject to Impeachment.

The President appoints the Ombudsman and the deputies from the list of 6 nominees from the Judicial and Bar council. Three nominees every vacancy of the position. No confirmation will be needed by the congress and the seat shall be filled 3 months after they occur.

They will receive the same salary and not to be decreased, and will serve for 7 years without reappointment. They are not qualified to run for office immediately after cessation from office.

These are the Powers, Functions and Duties of the Office of the Ombudsman

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.

The office of the ombudsman enjoys fiscal autonomy, and approved appropriations from the office are automatically released.

Other Rules

The state has the right to recover properties which are acquired unlawfully and cannot be barred by prescription, latches, or estoppel.

Public officers and employees are required to uphold the constitution and pledge allegiance to the country. Seeking citizenship to another country while in tenure is punishable by law

That’s it for RA 6713 and Article 11 of the Philippine Constitution. Very lengthy but required to memorize all of this.