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MODULE 2:

ANSWERING TO THE
PEOPLE: ACCOUNTABILITY
OF PUBLIC OFFICERS

"Public Office is a Public Trust"


Main Objective:

Define the nature of public office as public trust.

Specifically, the module is aimed for participants:

To relate workplace situations to the norms of


conduct and ethical standards.
To determine the law/s relevant to common
violations/practices.

"Public Office is a Public Trust"

National Integrity Center


Office of the Ombudsman
Public Office is a
Public Trust
“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.”

(Section 1, Article XI, of the 1987


Constitution)

National Integrity Center


Office of the Ombudsman
REPUBLIC ACT 6713
RULES IMPLEMENTING THE CODE OF
CONDUCT AND ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND EMPLOYEES

National Integrity Center


Office of the Ombudsman
R.A. 6713 Republic Act (R.A.) 6713,
RULES IMPLEMENTING
THE CODE OF CONDUCT is an act establishing a code of conduct
AND ETHICAL
STANDARDS FOR and ethical standards for public officials
PUBLIC OFFICIALS AND
EMPLOYEES and employees, to uphold the time-
honored principle of public office being
a public trust, granting incentives and
rewards for exemplary service,
enumerating prohibited acts and
transactions and providing penalties for
violations thereof and for other
purposes.

These Rules shall cover all officials and


employees in the government, elective
and appointive, 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.

(Rule 1, Section 1 of RA 6713)

National Integrity Center


Office of the Ombudsman
R.A. 6713
RULES IMPLEMENTING
THE CODE OF CONDUCT
AND ETHICAL
STANDARDS FOR
PUBLIC OFFICIALS AND
NORMS OF CONDUCT OF PUBLIC
EMPLOYEES
OFFICIALS AND EMPLOYEES

Every public official and employee shall


observe the following as standards of
personal conduct in the discharge and
execution of official duties:

Commitment to Public Interest


Professionalism
Justness and sincerity
Political neutrality
Responsiveness to the public
Nationalism and patriotism
Commitment to democracy
Simple living

(Section 4 of RA 6713)

National Integrity Center


Office of the Ombudsman
R.A. 6713
RULES IMPLEMENTING NORMS OF CONDUCT OF PUBLIC
THE CODE OF CONDUCT
AND ETHICAL
STANDARDS FOR
OFFICIALS AND EMPLOYEES
PUBLIC OFFICIALS AND
EMPLOYEES

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 undue patronage.

(Section 4(b) of RA 6713)


National Integrity Center
Office of the Ombudsman
R.A. 6713
RULES IMPLEMENTING
THE CODE OF CONDUCT
AND ETHICAL NORMS OF CONDUCT OF PUBLIC
STANDARDS FOR
PUBLIC OFFICIALS AND OFFICIALS AND EMPLOYEES
EMPLOYEES

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.

(Section 4(a) of RA 6713)


National Integrity Center
Office of the Ombudsman
R.A. 6713
RULES IMPLEMENTING NORMS OF CONDUCT OF PUBLIC
THE CODE OF CONDUCT
AND ETHICAL
STANDARDS FOR
OFFICIALS AND EMPLOYEES
PUBLIC OFFICIALS AND
EMPLOYEES

c. Justness and Sincerity


Officials and employees shall remain true to
the 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
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.

(Section 4(c) of RA 6713)


National Integrity Center
Office of the Ombudsman
R.A. 6713
RULES IMPLEMENTING
THE CODE OF CONDUCT
AND ETHICAL
STANDARDS FOR NORMS OF CONDUCT OF PUBLIC
PUBLIC OFFICIALS AND
EMPLOYEES OFFICIALS AND EMPLOYEES

d. Political Neutrality

Officials and employees shall provide


service to everyone without unfair
discrimination regardless of party
affiliation or preference.

(Section 4(d) of RA 6713)


National Integrity Center
Office of the Ombudsman
R.A. 6713
RULES IMPLEMENTING NORMS OF CONDUCT OF PUBLIC
THE CODE OF CONDUCT
AND ETHICAL OFFICIALS AND EMPLOYEES
STANDARDS FOR
PUBLIC OFFICIALS AND
EMPLOYEES

e. Responsiveness to the 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,
officials and employees shall provide
information on 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 urban areas.

(Section 4(e) of RA 6713)


National Integrity Center
Office of the Ombudsman
R.A. 6713
RULES IMPLEMENTING
THE CODE OF CONDUCT
AND ETHICAL
STANDARDS FOR NORMS OF CONDUCT OF PUBLIC
PUBLIC OFFICIALS AND
EMPLOYEES OFFICIALS AND EMPLOYEES

f. Nationalism and Patriotism

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 foreign intrusion.

(Section 4(f) of RA 6713)


National Integrity Center
Office of the Ombudsman
R.A. 6713
RULES IMPLEMENTING
THE CODE OF CONDUCT
AND ETHICAL
STANDARDS FOR NORMS OF CONDUCT OF PUBLIC
PUBLIC OFFICIALS AND
EMPLOYEES OFFICIALS AND EMPLOYEES

g. Commitment to Democracy

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 loyalty to persons or party.

(Section 4(g) of RA 6713)


National Integrity Center
Office of the Ombudsman
R.A. 6713
RULES IMPLEMENTING
THE CODE OF CONDUCT
AND ETHICAL
STANDARDS FOR NORMS OF CONDUCT OF PUBLIC
PUBLIC OFFICIALS AND
EMPLOYEES OFFICIALS AND EMPLOYEES

h. Simple Living

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.

(Section 4(h) of RA 6713)


National Integrity Center
Office of the Ombudsman
The Threefold
Liability Rule of
Government
Employees
The "threefold liability rule" holds that the
wrongful acts or omissions of a public officer
may give rise to CRIMINAL, ADMINISTRATIVE
and CIVIL liability.

National Integrity Center


Office of the Ombudsman
The Threefold Liability Rule

CRIMINAL LIABILITY

Based on the right of the State to prosecute cases


caused by wrongs against the State (as a result of
the violation of its laws)

If the law violated attaches a penal sanction, the


erring officer may also be punished criminally.

National Integrity Center


Office of the Ombudsman
The Threefold Liability Rule

ADMINISTRATIVE LIABILITY
Based on the supervisory powers of the
government agency or subdivision where the
government employee works.

Violation may also lead to suspension, removal


from office, or other administrative sanctions.

National Integrity Center


Office of the Ombudsman
The Threefold Liability Rule

CIVIL LIABILITY
Based on the claim of an individual (including
the government) who may have suffered injury
caused by the act or omission of the
government employee

Damages by paying the amount taken plus


interest reckoned from the finality of the
decision until the amount is fully paid.

National Integrity Center


Office of the Ombudsman
Example of Threefold Liability Rule

ACT

"A clerk of court


accused of taking home
dozens of office-issued
pen and folders for the
use of her children in
school."

• CRIMINAL LIABILITY: Malversation of Public Funds


(Imprisonment and Fine)

• ADMINISTRATIVE LIABILITY: Grave Misconduct


(Dismissal)

• CIVIL LIABILITY: Damages by paying the amount taken


plus interest reckoned from the finality of the decision
until the amount is fully paid.

National Integrity Center


Office of the Ombudsman
" The best way
to find yourself
is to lose
yourself in the
service of
others."

Mahatma Gandhi

"PUBLIC OFFICE IS A
PUBLIC TRUST"

National Integrity Center


Office of the Ombudsman
REFERENCES:

Congress of the Philippines. (1989, February 20). Republic Act 6713.


The LawPhil Project Arellano Law Foundation.
https://lawphil.net/statutes/repacts/ra1989/ra_6713_1989.html

Supreme Court of the Philippines. (2012, August 23). G.R. No.


173268. The Lawphil Project Arellano Law Foundation.
https://lawphil.net/judjuris/juri2012/aug2012/gr_173268_2012.htm

Rojas, A. (2019, October 31). Understanding Civil and Criminal


Liabilities of Public Officers [Slides]. Slideserve.
https://www.slideserve.com/stevensgarcia/understanding-criminal-
and-civil-liabilities-of-public-officers-powerpoint-ppt-presentation

National Integrity Center


Office of the Ombudsman

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