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Code of Conduct and Ethical Standards for Public Officials and Employees

DOTC-OTS
by

Francis Ben

on 12 August 2010

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Transcript of Code of Conduct and Ethical Standards for Public Officials and Employees

NORMS OF CONDUCT Code of Conduct and Ethical Standards for Public Officials and Employees
RA 6713 dated 20 February 1989
COMMITMENT TO PUBLIC INTEREST PROFESSIONALISM
JUST CONDUCT AND SINCERITY POLITICAL NEUTRALITY
RESPONSIVENESS TO THE PUBLIC
NATIONALISM AND PATRIOTISM COMMITMENT TO DEMOCRACY
SIMPLE LIVING
A public trust implies a fiduciary relationship between a public officer (PO), who is a trustee, and the people who are the beneficiaries, of a public office The fiduciary relationship makes the PO the servant of the people and demands that he take no advantage of his position for his personal benefit or to the prejudice of the public This requires that all government officials and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and lead modest lives. Why is Public Office a Public Trust?
Duties of Public Officials and Employees Act promptly on letters and request
Submit annual performance reports
Process documents and papers expeditiously
Act immediately on the public’s personal transactions
Make documents accessible to the public
Prohibited Acts and Transactions: Financial and material interest
Disclosure and/or misuse of confidential information
Solicitation or acceptance of gifts
Statement of Assets and Liabilities (SAL) and Financial Disclosure (FD)
All public officials and employees except those who serve in honorary capacity, laborers and casual or temporary workers. File under oath their Statement Financial Connections and those of their spouses and unmarried children under eighteen (18) years of age living in their households Husband and wife who are both public officials or employees may file the required statements jointly or separately SAL and FD should contain the following:
1.real property, its improvements, acquisition cost, assessed value and current fair market value;
2. personal property and acquisition cost;
other assets such as investments, cash on hand or in banks, stocks, bonds and the like
liabilities; and
3. all business interest and financial connections
SAL and FD must be filled:
1. within thirty (30) days after assumption of office;
2. on or before April 30, of every year thereafter; and
within thirty (30) days after separation from the service
3. Also within thirty (30) days from the date of assumption, execute the necessary authority in favor of the Ombudsman to obtain from all appropriate government agencies, BIR, such documents as may show their assets, liabilities, net worth, and also their business interest and financial connections in previous years in any office in the Government
What is Conflict of Interest?
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. A public official or employee shall avoid conflicts of interest at all times
PENALTIES

Any public official or employee, whether casual, temporary, holdover, permanent or regular, who commits any violation of this rules shall suffer:
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 that statute Any violations proven in a proper administrative proceedings shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him.

Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with public officials or employees, shall be subject to the same penal liabilities as the public officials or employees and shall be tried jointly with them.

Officials or employees concerned may bring an action against any person who obtains or uses a report for any purpose prohibited by Statements and Disclosures.


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