CRIM 4 – PROFESSIONAL CONDUCT AND ETHICAL STANDARDS

Submitted by: Jhandy Jay A. Bolando

Submitted to: Hermilinda P. Orenze, MSCrim.

Question: Can the public official be dismissed from duty if proven guilty of violating R.A.
6713. Cite instances.

Yes. A public official can be dismissed from duty if he/she is proven guilty of violating
R.A. 6713. Section 11(b) under Penalties states that, “Any violation hereof proven in a proper
administrative proceeding shall be sufficient cause for removal or dismissal of an official
employee, even if no criminal prosecution is instituted against him.”

An example of this case is former Mayor Jesus Rico Sarmiento of Garchitorena,

Camarines Sur, who pleaded guilty before the Sandiganbayan for violation of Section 7(d) of

Republic Act No. 6713. Investigation disclosed that from January to October 2014, Sarmiento
repeatedly used two private vehicles owned by a contractor with several ongoing projects in the
municipality.

The anti-graft court imposed the penalty of a fine of P2,000.00, having appreciated in
Sarmiento’s favor, the mitigating circumstance of plea of guilty.

Under the Code, government 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.
(Solicitation or acceptance of gifts)