Republic Act No.

6713

Code of Conduct and Ethical Standards for

Public Officials and Employees
(Case Analysis)
Norms of Conduct of Public 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
 a.) Commitment to public interest
 Public officials/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.
 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 endeavour to
discourage wrong perceptions of their roles
as dispensers or peddlers of undue
patronage.
 c. Justness and sincerity
 Public 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 at
all times respect the rights of others, and
shall refrain from doing acts contrary to law,
good morals, good customs, public policy,
public order, public safety and public
interest.
 d. Political neutrality
 Public officials and employees
shall provide service to
everyone without unfair
discrimination and regardless
of party affiliation or
preference.
 e. Responsiveness to the public
 Public officials and employees shall extend
prompt, courteous, and adequate service to the
public.
 Provide information of policies & procedures in
clear and understandable language, ensure
openness of information, public consultations
and hearings, encourage suggestions, simplify
and systematize policy, avoid red tape and
develop understanding of socio-economic
conditions in the depressed rural and urban
areas.
 f. Nationalism and patriotism
 Public 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 endeavour to maintain and defend
Philippine sovereignty against foreign
intrusion.
 g. Commitment to democracy
 Public 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
 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.
 Duties of
Public Officials
and Employees
 a. Act promptly on letters and requests
 All public officials and employees
shall, within fifteen (15) working
days from receipt thereof, respond to
letters, telegrams or other means of
communications sent to the public.
The reply must contain the action
taken on the request.
 b. Submit annual performance reports
 All heads or responsible officers
shall, within forty-five (45) working
days from the end of the year, render
a performance report of the agency.
Such report shall be open and
available to the public within regular
office hours.
 c. Process documents and papers expeditiously

 All official papers and documents must be

processed and completed within a reasonable
time from the preparation thereof and must
contain not more than three (3) signatories
therein. In the absence of duly authorized
signatories, the official next-in-rank or
officer in charge shall sign for and in their
behalf.
 d. Act immediately on the public’s
personal transactions
 All public officials and
employees must attend to anyone
who wants to avail himself of the
services of their offices and must
at all times, act promptly and
expeditiously.
 e. Make documents accessible to the
public
 Allpublic documents must
be made accessible to and
readily available for
inspection by the public
within reasonable working
 System of Incentives and Rewards
› Designed to encourage creativity, innovativeness, efficiency,
integrity and productivity in the public service by recognizing
and rewarding officials and employees, individually or in groups,
for their suggestions, inventions, superior accomplishments, and
other personal efforts which contribute to the efficiency,
economy, or other improvement in government operations, or for
other extraordinary acts or services in the public interest.
  
 Presidential or “Lingkod Bayan” Award
 Civil Service Commission or “Pagasa”
Award
 Departmental Award or the “Kapwa”
Award
 Outstanding Public Official/Employee
Award or “Dangal ng Bayan” Award
 Criteria for Conferment of Awards
 Years of service
 Quality and consistency of performance
 Obscurity of the position
 Level of salary
 Unique and exemplary quality of achievement
 Risk or temptation inherent in the work
 Any similar circumstances or considerations in
favor of the particular awardee
 Forms of Incentives & Rewards
 Bonuses
 Citations
 Directorships in GOCCs
 Local and foreign scholarship grants
 Paid vacations
 Automatic promotion to next higher position
 Salary increase
 Committee on Awards

 Ombudsman – Co-Chairman
 Chairman, CSC – Co-Chairman
 Chairman, COA – Member
 Two (2) Government Employees to be
appointed by the President – Members
 Prohibited Acts and Transactions
 Inaddition to acts and omissions of
public officials and employees, the
following shall constitute prohibited
acts and transactions:
 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
3. Recommend any person
to any position in a private
enterprise which has a
regular or pending official
transaction with their
office.
 NOTE
 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), 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.
 Nothing in this Act shall be
construed to restrict or
prohibit any educational,
scientific or cultural exchange
programs subject to national
security requirements.
 Statements and Disclosure
 Public officials and employees have an obligation to
accomplish and submit declarations under oath of,
and the public has the right to know, their assets,
liabilities, net worth and financial business interests
including those of their spouses and of unmarried
children under eighteen (18) years of age living in
their households.
 a. Statement of Assets, Liabilities and
Networth (SALN)
 Real property, improvements, acquisition cost, assessed
value and current fair market value
 Personal property and acquisition cost
 All other assets such as investments, cash, stocks, bonds
 Liabilities
 All business interests and financial connections
 The documents must be filed:

a. Within thirty (30) days after

assumption of office
b. On or before April 30, of every
year thereafter
c. Within thirty (30) days after
separation from the service
 b. Identification and disclosure of
relatives
 It shall be the duty of every public official
or employee to identify and disclose, to the
best of his knowledge and information, his
relatives in the Government in the form,
manner and frequency prescribed by the
CSC.
 c. Accessibility of documents
 Any and all statements shall be made
available for inspection at reasonable hours.
 Such statements shall be available after ten
(10) working days
 Any person requesting shall pay a reasonable
fee
 Statement available to the public for a period
of ten (10) years after receipt of the statement
 d. Prohibited Acts
1. any purpose contrary to morals or public policy
2. It shall be unlawful for any person to obtain or
use any statement for any commercial purpose
other than by news and communications media for
dissemination to the general public
 Divestment
 A public official or employee shall avoid conflicts
of interest at all times. When a conflict of interest
arises, he shall resign from his position in any
private business enterprise within thirty (30) days
from his assumption of office and/or divest himself
of his shareholdings or interest within sixty (60)
days from such assumption.
 Penalties
 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
 Imprisonment not exceeding five (5) years or fine not
exceeding five thousand pesos (P5,000) or both, for violations
of Sections 7, 8 or 9
GRAVE
OFFENSES
 Being Notoriously Undesirable
 After a careful and thorough examination of the
records, we find the respondent to be arrogantly
indifferent to the demands of his employment in a
manner that is notoriously undesirable and prejudicial
to public service. While we cannot declare his guilt for
immorality or for falsification of the attendance
logbook which is an important public document, there
being no substantial evidence proving these charges
per se, his habitual absenteeism, tardiness and under-
time, along with his insubordination, brazen disregard
of the rules and regulations pertaining to travel abroad
or resignation for that matter, and resort to a live-in
relationship only to advance a selfish and mercenary
objective, are not simple confirmations of
individual transgressions of ethical conduct but
are, more critically, eloquent manifestations of
an overall obnoxious and scheming character
that is definitely unacceptable in the judiciary.
In finding him unfit for service in our courts,
we must stress the obvious that the
administration of justice, like the navigation of
a big ship, requires courageous, selfless and
dedicated hands truly comfortable and astutely
acquainted with steering in the vase sea of
ethics.
 When taken collectively, respondent’s
individual transgressions reveal character
and conduct notoriously undesirable and
prejudicial to our institution. It is this
chink in his personality that needs
correction and requires the exercise of
this Court’s disciplinary jurisdiction. It
has been said that “administrative laws
and regulations are enforced to weed out
undesirable public servants to maintain
morality and harmony, as well as to
in the government service in order to
protect and preserve the integrity of
the government to inspire public
confidence therein.” In an
administrative case, if the
investigation should show that the
conduct of a public servant is not
beyond reproach or that he is of
doubtful integrity or morality,
disciplinary action against him would
be more than justified.
 We do not see any reason to disturb the
Investigating Judge’s finding that
respondent, to use the graphic language
of the Report and Recommendation, is a
“pain in the ass to the rest of the
employees of MTC Sto. Tomas, La
Union.” He is a troublesome person, to
say the least, and more accurately a brash
and egotistical individual who has no
regard for authority and the rule of law.
 It is an irony that he should be employed
within the judiciary that prides itself with
respect for one’s fellowmen, fairness and
equality, justice and truth. Indeed, there is
merit in the recommendation for the
immediate dismissal of respondent from
the service for being a notoriously
undesirable employee and for displaying
conduct unbecoming of his employment in
the judiciary. (Villanueva vs. Milan, A.M.
No. P-02-1642, September 27, 2002)
 Moral Turpitude
 Defined as everything done
contrary to justice, modesty or
good morals; an act of baseness,
vileness or depravity in the private
and social duties which a man
owes his fellowmen or to society in
general, contrary to justice,
honesty, modesty or good morals.
“Anent the second issue where petitioner contends
that his probation had the effect of suspending the
applicability of Section 40 (a) of the LGC, suffice it to
say that the legal effect of probation is only to suspend
the execution of the sentence. Petitioner’s conviction
of fencing which we have heretofore declared as a
crime of moral turpitude and thus falling squarely
under the disqualification found in Section 40 (a),
subsists and remains totally unaffected
notwithstanding the grant of probation. In fact,
judgment of conviction in a criminal case ipso facto
attains finality when the accused applies for
probation, although it is not executory pending
resolution of the application for probation.”
 It is clear, therefore, that the grant of
probation does not remove respondent
from the purview of the applicable
provisions of the Administrative Code
and the Rules Implementing Book V of
Executive Order No. 292 and Other
Pertinent Civil Service Laws. (Re:
Conviction of Imelda B. Fortus, Clerk
III, RTC, Br. 40, Calapan City, for the
Crime of Violation of B.P. 22, A.M.
No. P-04-1808)
 Falsification of Public/Official
Documents
 The accomplishment of the PDS is required under CS
Rules and Regulations for employment in the
government. The making of an untruthful statement
therein amounts to dishonesty and falsification of an
official document that warrant to dishonesty and
falsification of an official document that warrant
dismissal from the service even on the first offense.
(Admin Case for Dishonesty and Falsification of
Official Documents against Noel V. Luna, SC Chief
Judicial Staff Officer, Systems Planning and Project
Evaluation Division, MISO, A.M. No. 2003-7-SC,
December 15, 2003)
 Engaging Directly or Indirectly in Partisan
Political Activities by Holding Non-Political
Office
 It should be clear that the phrase “partisan
political activities,” in its statutory context,
relates to acts designed to cause the success
or the defeat of a particular candidate/s who
have filed certificates of candidacy to a
public office in an election. (Estrada vs.
Sandiganbayan, 416 SCRA 465)
 Appointive officers and
employees in the civil service
are strictly prohibited from
engaging in any partisan
political activity or take part in
any election, except to vote.
(Farinas vs. The Executive
Secretary, 417 SCRA 503)
 Receiving for Personal Use of a Fee, Gift or Other
Valuable Thing in the Course of Official Duties or in
Connection Therewith When Such Fee, Gift or
Other Valuable Thing is Given by any Person in the
Hope or Expectation of Receiving a Favor or Better
Treatment Than That Accorded to Other Persons

 The 1st video tape of the monitoring sortie of October

12, 1999 contained relevant segments of the footage
depicting petitioners receiving sums of money from
arriving passengers of the Canadian Airlines flight.
The 2nd video tape depicted petitioners receiving
sums of money from arriving passengers, putting the
money collected in their pockets while dividing some
of the money received by them.
 Clearly, therefore, petitioners are guilty of
violation of Section 7(d) of RA No. 6713,
otherwise known as the Code of Conduct
and Ethical Standards for Public Officials
and Employees.
 All told, the Decision of the Ombudsman
dated December 19, 2001 finding
petitioners guilty of solicitation or
acceptance of gifts in violation of Section
7(d) of RA No. 6713 is supported by
substantial evidence. Anonuevo vs. CA,
621 SCRA 411)
 Contracting Loans of Money of Other Property
from Persons with Whom the Office of the
Employee has Business Relations
 A cursory reading of the above-cited provision
shows that the offense made no distinction as to
whether the loan contracted was personal or for
the benefit of the municipality concerned. It did
not also distinguish whether the loan was
contracted in the official or personal capacity of
the public officer. x x x Evidently, what is
punished here is the mere act of contracting the
loan with a party having a business interest
with the government.
 Moreover, the offense is to forestall the
possibility of undue influence or unwarranted
benefit in favor of the private individual or
entity having business relations with the
government agency. In the same vein, it also
protects the private individual from
harassment committed by the public officers
who may hold significant positions in the
government agency where private individual
has business interest. (Tesalona, Larry T., CSC
Resolution No. 05-0825 dated June 17, 2005)
 Soliciting or Accepting Directly or Indirectly,
Any Gift, Gratuity, Favor, Entertainment,
Loan or Anything of Monetary Value Which in
the Course of His Official Duties or in
Connection with Any Operation Being
Regulated by, or Any Transaction Which may
be Affected by the Functions of His Office
 The mere fact that a gift received was unsolicited cannot, by
itself suffice to exonerate the recipient. It would only suffice to
exonerate the recipient if the unsolicited gift is also nominal in
value and not given in anticipation of, or in exchange for a
favor. In such a situation, the gift would fall outside the
purview of RA 6713 which expressly provides that the term
“gift” does “not include an unsolicited gift of nominal or
insignificant value; given in anticipation of or in exchange for a
favor from a public official or employee.”(Mabini vs. Raga, 491
SCRA 525)
 Nepotism
 An appointment issued in favor of a relative
within the 3rd civil degree of consanguinity or
affinity of any of the following:
› Appointing authority
› Recommending authority
› Chief of the bureau or office, and
› Person exercising immediate supervision over the
appointee
• Exceptions:
- Persons employed in confidential capacity, teachers,
physicians and members of the AFP
 Oppression
 Oppression is a misdemeanor committed by a
public officer, who under color of his office,
wrongfully inflict upon any person any bodily
harm, imprisonment or other injury. It is an
“act of cruelty, severity, or excessive use of
authority.”(In the Matter of the Alleged
Improper Conduct of Sandiganbayan Associate
Justice Anacleto D. Badoy, Jr., Taking an
Ambulance but Proceeding to the GMA TV
Station for an Interview Instead of Proceeding
Forthwith to the Hospital, A.M. No. 01-12-01-
SC, January 16, 2003)
 Disgraceful and Immoral Conduct
 Acts which violate the basic norm of decency, morality
abhorred and condemned by society. It refers to
conduct which is wilful, flagrant or shameless, and
which shows a moral indifferrence to the opinion of
good and respectable members of the community.
 Evidence on record clearly shows that Arino and
Abenio are engaged in a relationship forbidden by
law. Both have valid and subsisting marriages with
their respective spouses. Being a married woman,
Arino is forestalled from having a relationship with
Abenio, a married man. (Arino, Ruth T., CSC
Resolution No. 07-1732, August 28, 2007)
 Frequent Unauthorized Absences, or Tardiness
in Reporting for Duty, Loafing or Frequent
Unauthorized Absences from Duty During
Regular Office Hours

 An officer or employee shall be considered

habitually absent if the following circumstances
are present:
› Unauthorized absences exceeded the
allowable 2.5 days monthly leave credits
› Such excessive unauthorized absences cover
at least 3 months in a semester or at least 3
consecutive months during the year
 An officer or employee shall be
considered habitually tardy if the
following circumstances are present:
› He/she incurs tardiness of 10 times a
month
› Such tardiness is committed for at
least 2 months in a semester or for at
least 2 consecutive months during the
year
 Conduct Prejudicial to the Best Interest
of the Service

 The administrative offense covers a wide

range of acts or omissions, through which
a government employee either
deliberately or by mere ignorance or
negligence, effectively compromises the
integrity and efficiency of the government
service. (Villaviza, Dinnah et al., CSC
Resolution No. 06-2177, December 5,
2006)
 The act of Penaflorida, being a Budget and
Management Specialist in charge of processing
the accounts payable of DAR, in asking Glady
Auayang, the Acting Budget Officer, DAR
Region II, for a personal favor involving the
purchase of narra door panels in his behalf is
tantamount to taking advantage of his official
position. Asking of personal favors on the part
of the DBM employee would be perceived as a
condition for the release of the agency’s
budget. (Penaflorida, Juancho, CSC
Resolution NO. 06-2122, November 28, 2006)
Less
LESSGRAVE
GRAVE OFFENSES

OFFENSES
 Simple Misconduct
 Clearly, the pendency of Plaza’s administrative
case is not a material fact, hence, when she
failed to indicate the same in her PDS, she could
not be held liable for a grave offense.
Nonetheless, the fact that Plaza failed to fully
disclose the truth in an official document such as
the PDS is a clear transgression of the norms
and standards expected of her as a public
servant. Verily, the said act constitutes Simple
Misconduct for which Plaza should be held
liable. (Plaza, Amparo, CSC Resolution NO. 98-
0888, April 23, 1998)
 Insubordination
 A deliberate and wilful refusal to comply with a
lawful request or order of a higher authority.
 Appellant’s lack of initiative to clarify her status
and the duties she had to perform, exacerbated by
her refusal to explain the circumstances behind her
failure to attend the hearings, ignoring it with a
shrug and simply stating that she considers the
subject Order as illegal, betrays her adamant and
antagonistic attitude towards her superiors.
(Alejandro, Felicitas, CSC Resolution No. 07-1041,
citing Soprepena, Carmelita, CSC Resolution No.
00-1288, May 30, 2000)
 Failure to File Sworn SALN, and Disclosure of
Public Interest and Financial Connections,
Including Those of Their Spouses and
Unmarried Children Under 18 years of Age
Living in Their Households

 In the present case, the failure of the

respondent to disclose her business
interest which she herself admitted is
inexcusable and is a clear violation of
RA No. 6713.
 In her explanation, respondent maintains the position that
she has no business interest, implicitly contending that
there is nothing to divulge or divest from. We do not find
her administratively liable, however for failure to divest
herself of the said interest. The requirement for public
officers, in general, to divest themselves of business
interest will result in a conflict of interest, divestment of
the same is unnecessary. In the present case, it seems a bit
far-fetched to imagine that there is a conflict of interest
because an Interpreter III of the RTC has a stall in the
market. A court, generally, is not engaged in the
regulation of a public market, nor does it concern itself
with the activities thereof. While respondent may not be
compelled to divest herself of her business interest, she
had the legal obligation of divulging it. (Rabe vs. Flores,
A.M. No. P-97-1247, May 14, 1997)

LIGHT OFFENSES
Discourtesy in the Course of Official Duties
 Frequent Unauthorized Tardiness
 Gambling Prohibited by Law
 Borrowing Money by Superior Officers from
Subordinates
 Lending Money at Usurious Rates of Interest
 Wilful Failure to Pay Just Debts or Wilful Failure to
Pay Taxes Due to the Government
 Failure to Act Promptly on Letters and Request
Within 15 Days from Receipt
 Engaging in Private Practice of Profession Unless
Authorized by the Constitution, Laws or Regulations
 Proverbs 3 : 5 – 6
“Trust in the LORD with all
your heart and lean not on
your own understanding; in
all your ways acknowledge
him, and he will make your
paths straight.”