Group V

March 16, 2020

Aecuine E. Pestaño
Frank Kenneth Dacion
Kimmy Delos Santos
Edwin Ferrer

ETHICS AND ACCOUNTABILILTY IN PUBLIC SERVICE

I. What is Profession?

A profession is an occupation founded upon specialized educational training, the

purpose of which is to supply disinterested objective counsel and service to others, for a
direct and definite compensation, wholly apart from expectation of other business gain.
(Wikipedia)

-Occupation, practice, or vocation requiring mastery of a complex set of knowledge

and skills through formal education and/or practical experience. Every organized
profession (accounting, law, medicine etc.) is governed by its respective professional
body. (www.businessdictionary.com)

II. How does man conduct himself in the practice of profession?

A man observed practice of profession thru Professional Standards. Professional

standards are set of practices, ethics, and behaviors that members of a particular body
must adhere to. These sets of standards are frequently agreed to by a governing body
that represents the interests of the group.

Example of Professional Standards are:

• Accountability- Takes responsibility for their actions

• Confidentiality- keeps all sensitive information private and away from those who
shouldn’t have access to it.
• Fiduciary duty – places the needs of clients before their own

• Honesty – always being truthful

• Integrity – being honest with strong moral principles
• Law-abiding – follows all governing laws in the jurisdictions they perform
activities
• Loyalty – remains committed to their profession
• Objectivity – not swayed or influenced by biases
• Respect – admiring people for the qualities and attributes
• Transparency – revealing all relevant information and not concealing anything
 Professional ethics are principles that govern the behaviour of a person or group in a
business environment. Like values, professional ethics provide rules on how a person
should act towards other people and institutions in such an environment.

Ethical principles

Ethical principles underpin all professional codes of conduct. Ethical principles may
differ depending on the profession; for example, professional ethics that relate to
medical practitioners will differ from those that relate to lawyers or real estate agents.

However, there are some universal ethical principles that apply across all
professions, including:

• honesty
• trustworthiness
• loyalty
• respect for others
• adherence to the law
• doing good and avoiding harm to others
• accountability.

Codes of conduct

Professional codes of conduct draw on these professional ethical principles as the

basis for prescribing required standards of behaviour for members of a profession. They
also seek to set out the expectations that the profession and society have of its
members.

The intention of codes of conduct is to provide guidelines for the minimum

standard of appropriate behaviour in a professional context. Codes of conduct sit
alongside the general law of the land and the personal values of members of the
profession.

The primary value of a professional code of conduct is not as a checklist for

disciplining non-conforming members, although breaches of a code of conduct usually
do carry a professional disciplinary consequence.

Rather, its primary value is to act as a prompt sheet for the promotion of ethical
decision-making by members of that profession.

Professional codes of conduct provide benefits to:

• the public, as they build confidence in the profession’s trustworthiness

• clients, as they provide greater transparency and certainty about how their
affairs will be handled
 • members of the profession, as they provide a supporting framework for resisting
pressure to act inappropriately, and for making acceptable decisions in what may
be ‘grey areas’
• the profession as a whole, as they provide a common understanding of
acceptable practice which builds collegiality and allows for fairer disciplinary
procedures
• others dealing with the profession, as the profession will be seen as more
reliable and easier to deal with.

Other contributors to professional ethics

Fiduciary duties

When an adviser agrees to assist a client, they agree to take on a level of

responsibility for that person and their immigration matter. The client becomes
dependent on the adviser in relation to that assistance. This is a fiduciary relationship
between the fiduciary (the adviser) and a principal (the client). Even without a Code
this fiduciary relationship means the adviser has certain obligations to their client.

Contractual obligations

When an adviser enters into a contract (or written agreement) with a client this
creates legally binding obligations to perform the terms of the contract in a particular
way. This includes a duty to act with diligence, due care and skill, and also implies
obligations such as confidentiality and honesty, even if they are not specifically set out
in the contract.

III. How does a society sanction the practice of a profession?

A. Minor

Workplace codes of conduct typically outline consequences for behavioral

violations based on level of severity. Minor violations are usually treated with an initial
verbal or written warning. Repeated minor offenses can ultimately lead to more strict
consequences. Common examples of violations treated as more minor or typically
receiving warnings include unexplained tardiness or absences, inappropriate or
unprofessional language with colleagues or clients, abuses of workplace resources and
computer usage and simple instances of insolence or insubordination.

Major

Major violations are more significant or escalated in nature compared with minor
violations. More aggressive confrontations with colleagues, supervisors or customers,
for instance, could lead to harsher penalties. Written, documented warnings and
suspensions are examples of possible penalties for major conduct code violations. In
some instances, if the violation is related to misuse of resources or abuses of power,
the employee may be stripped of some privileges or duties.

Severe

Often referred to as terminable offenses, code violations considered severe

normally result in either a demotion or automatic firing for cause. Valid claims of sexual
harassment, physical threats made against others, bringing a weapon to work,
destroying work property and theft are all examples of more severe conduct code
violations. Codes normally indicate in the consequences section which types of behavior
lead to automatic termination.

Procedures

The conduct code lays out the basic steps when violations occur. If a colleague
or client brings a claim against an employee, management or HR usually investigates.
When supervisors deal with minor violations, they simply go through the verbal or
written warning steps. Getting documentation even on simple violations is important to
establish a pattern. If an employee is fired for repeated offenses, the company needs
evidence against wrongful termination or discrimination claims. For firings with cause,
the company needs to thoroughly document reasons for cause and maintain any
evidence as support.

Moreover, there is also R.A 6713 for Code of Conduct and Ethical Standards for
Public Officials and Employees.

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.

Source: https://work.chron.com/code-conduct-violation-5380.html

Republic Act 6713 - Office of the Ombudsman

www.ombudsman.gov.ph › docs › Republic_Act_No_6713

Archived PDF Files - RA 6713 Code of Conduct and Ethical ...

www.csc.gov.ph