Integrity Development Action Plan – 鶹ý Empowering Inclusion of Persons With Disabilities Wed, 30 Aug 2023 06:17:18 +0000 en-US hourly 1 https://wordpress.org/?v=7.0 /wp-content/uploads/2023/06/cropped-favicon-32x32-1-32x32.png Integrity Development Action Plan – 鶹ý 32 32 鶹ý Reconstituted Integrity Development Committee – Special Order 180 Series of 2011 /integrity-development-action-plan/special-order-180-series-of-2011/ Fri, 25 May 2012 10:53:24 +0000 http://www.ncda.gov.ph/?page_id=3178 continue reading : 鶹ý Reconstituted Integrity Development Committee – Special Order 180 Series of 2011 ]]> SPECIAL ORDER

NO. 180

Series of 2011

 

ܲ𳦳: 鶹ý RECONSTITUTED INTEGRITY DEVELOPMENT COMMITTEE

In line with the government’s continuing policy reforms for integrity development and drive against graft and corruption, the 鶹ý Integrity Development Committee is hereby reconstituted with the following composition and functions:

. Composition:

Chairperson:
Mr. Mateo A. Lee. Jr.
Deputy Executive Director

Members:
Ms. Florita J. Bisco
Planning Officer III, Office of the Executive Director

Ms. Evelyn T. Dolencio
Regional Programs Coordinator, Office of the Executive Director

Mr. Miguel Antonio P. Limon
Information Officer IV, Finance and Administrative Division

Ms. Leovigilda G. Oasin
Administrative Officer IV, Finance and Administrative Division

Ms. Ma. Rosario A. Rimorin
Planning Officer II, Programs Management Division

Ms. Fatima A. Garon
Project Evaluation Officer I, Technical Cooperation Division

Mr. Reginaldo M. Tolentino
鶹ýEA Representative

Secretariat:
Ms. Reyna B. Mariñas
Administrative VI, Office of the Executive Director

B. Functions:
1. To advocate for the Integrity Development Action Plan (IDAP);
2. To implement, monitor and evaluate the IDAP assigned to their respective divisions;
3. To ensure that anti-corruption and integrity development measures are continuously implement in the Council;
4. To serve as link between the Department of Social Welfare and Development and 鶹ý to curb corruption and corruption vulnerabilities in the Council.

This Order supersedes Special Order Nos. 075 S. 2009 and 046 S. 2010 and shall take effect immediately.

Issued this 14th day of December 2011 in Quezon City.

(Originally Signed)

ALICIA R. BALA
Officer-In-Charge/Executive Director

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鶹ý Code of Conduct /integrity-development-action-plan/national-council-on-disability-affairs-code-of-conduct/ Mon, 21 May 2012 10:34:34 +0000 http://www.ncda.gov.ph/?page_id=3159 continue reading : 鶹ý Code of Conduct ]]> DECLARATION OF POLICY:

Section 1 of Article XI of the 1987 Philippine Constitution provides that public service is a public trust and that 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 2 of Republic Act No. 6713 of 1989 otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees” provides that it is the policy of the State to promote a high standard of ethics in public service.

Administrative Order No. 255 of 2009 issued by Her Excellency Gloria Macapagal Arroyo directs the heads of the Executive Department to lead moral renewal in their agencies.

In view thereof, the 鶹ý (鶹ý) is committed to promote the ideals of good governance, eradication of graft and corruption and the upholding of the highest ethical standards among its officials and employees. To concretize this commitment, the 鶹ý hereby formulates, promotes, enforces and presents the herein Code of Conduct for the Council which shall apply to every official and employee composing the 鶹ý secretariat regardless of level or position.

RULE I
NORMS OF BEHAVIOR

Section I.  CORE VALUES AND PRINCIPLES OF CONDUCT

The 鶹ý (鶹ý) is mandated to be the policy-making, planning, monitoring and advocacy body of the government for the prevention of the causes of disability, rehabilitation and equalization of opportunities in the context of a rights-based society for persons with disabilities.

Recognizing its vision to enable all persons with disabilities to attain their fullest potential and to become active contributors and participants in nation-building, its mission is to provide direction to and coordinate and monitor the activities of government, non-government, and people’s organizations involved in the prevention of the causes of disability, rehabilitation, and equalization of opportunities in partnership with persons with disabilities.

Guided by the Code of Ethics and Ethical Standards for Public Officials and Employees as provided in RA No. 6713, the Council adheres to the following:

(a) We believe in the inherent dignity and worth of all men and women;

(b) We believe that every man/woman has natural and social rights, capacities, and responsibilities to          develop his/her full potentials as a human being;

(c) We believe that the government and the people have a joint responsibility to promote social          justice, and to ensure the economic and social well-being of all people;

(d) We believe in free men/women living freely in a free society where poverty is neither a fate nor a          punishment but a condition that can and must be changed;

(e) We are committed to the development of the highly fulfilled human being in an atmosphere of          social equity and economic prosperity;

(f) We are committed to seek high quality of life for all people

(g) We bind ourselves to the following principles of conduct:
1.    Everyone shall endeavour to contribute his/her utmost to nation-building
2.    Everyone shall give paramount importance to the well-being of those whom he/she helps;
3.    Everyone shall accept with respect and understanding clients, colleagues, and all those who
come within his/her sphere of professional activity;
4.    Everyone shall engage in social action which according to his/her convictions will further the
best interests of the people and the country;

Section 2.  FIDELITY TO DUTY

All officials and employees of 鶹ý shall agree to serve the public loyally, in good faith and in accordance with the provision of Agency’s mandate and statutory provisions.  They shall be guided by the following:

2.1  Officials and employees shall at all times exhibit utmost respect to the public and deep sense of commitment to the mandate of the Office;

2.2  Officials and employees shall not discriminate against nor dispense undue favor to anyone.  Neither shall they allow kinship, gender, age, race, religion, rank, position, disability, affiliation  or favor to influence the performance of their official acts or duties.  They shall endeavour to discourage wrong perception of their roles as dispenser or peddlers of undue patronage;

2.3   Officials and employees shall perform their duties efficiently, courteously, honestly, promptly, fairly and without bias or prejudice;

2.4   Officials and employees shall avoid impropriety and the appearance of any impropriety in all their activities;

2.5    Officials and employees shall not engage in activities incompatible with the faithful discharge of their duties;

2.6    Officials and employees shall at all times perform their duties properly and diligently.  They shall fully commit themselves to the duties and responsibilities of their position;

2.7   Officials and employees shall not discriminate nor manifest, by word or conduct, bias or prejudices based on race, religion, national or ethnic origin, gender, disability, political belief or affiliation;

2.8    Officials and employees shall use the assets and resources of the office, including funds, properties, goods  and services, economically, productively, effectively and only for official activities and solely for the purpose required by law

2.9   Officials and employees shall carry out their duties and responsibilities with utmost and genuine courtesy, fairness, honesty and in compliance  with  the law;

2.10  Officials and employees shall submit performance reports and other documents required by law such as Statement of Assets and Liabilities and Net Worth and Income Tax Returns and other public \
documents as may be required;

2.11   Officials and employees shall not remove, destroy nor conceal documents or papers officially entrusted to him/her;

2.12    Officials and employees shall not reveal any secret known to him/her by reason of his/her official capacity or shall wrongfully deliver papers or copies of papers of which he/she may have charge and which should  not be published;

2.13    Officials and employees to whom the secrets of any private individual shall become known by reason of his/her office shall not reveal such secrets;

2.14   Officials and employees, upon demand from competent authority, shall not fail to lend his/her cooperation towards the administration of public service, if such failure shall result in serious damage to the public interest or to a third party;

Section 3.  TRANSPARENCY –  is openness in transactions involving public interest, such as but not limited to financial and procurement transactions, programs, operations and employment policies and procures.  Transparency leads to accountability, credibility and good governance.

3.1    Officials and personnel shall always exercise transparency in dealing with the public;

3.2   Officials and personnel shall uphold the public’s right to information by providing them access to reliable and timely information concerning 鶹ý’s policies, programs, services and procedures, and other forms of public transactions.  These shall be communicated to the public in clear and
understandable language;

3.3   Officials and employees shall generate public participation in implementing 鶹ý’s policies and programs. This shall be undertaken through interpersonal, mass media  or information
communication technology strategies or other effective and efficient means of communication;

3.4  Officials and personnel shall make available to the public, upon request and within reasonable time, public documents except those which are considered confidential or classified information.

Section 4.  CONFIDENTIALITY

4.1    鶹ý  personnel shall not disclose any confidential information in the course of or by reason of their employment.  Confidential information means information that cannot be made public, unless otherwise ordered or authorized by the Court or authorities of the Council as the unauthorized disclosure thereof may be prejudicial to the interest of the Council, or any of its divisions or any particular official or employee.  This may include, but not limited to the following:

a.    Pending administrative cases against officials/employees
b.    Decision on an administrative case
c.    Notes
d.    Draft guidelines/memoranda/letters not yet issued/circularized
e.    Records of deliberations or minutes of meetings not yet finalized, signed and circulated;
f.    Draft concept papers, policy papers, project proposals, etc.

4.2    鶹ý personnel shall not use or divulge confidential or classified information to further their private interests or give undue advantage to anyone or to prejudice public interest;

4.3    鶹ý personnel shall not alter, falsify, conceal, destroy or mutilate office records which have come into their possession in the course of, or by reason of their employment.

Section 5.  RELATIONS WITH GENERAL PUBLIC

The following shall be observed by all 鶹ý officials and employees in dealing with the public which includes: colleagues in the government (Local Government Units, National Government Agencies and legislative bodies, etc.), colleagues  within the Council, persons with disabilities, other partners (business, socio-civic groups, academe, non-government organizations, development partners, media and the general public).

5.1  Respect and protect every person’s dignity and rights contained in the Constitution;

5.2  Be polite, helpful and reasonably accessible in dealing with the public at all times, treating  persons with disabilities and the general public as customers who are entitled to receive high standards of service;

5.3  Serve the general public in an unbiased, impartial, proper, honest and sincere manner in order to create confidence in the public service;

5.4  Recognize the public’s right of access to information, excluding confidential information as well as information that is specifically protected by law;

5.5   Provide services within the prescribed period;

5.6  Take the time to explain in a manner that will allow the general public to
understand the situation and what needs to be done to achieve whatever it is he/she wants;

5.7  Indorse or refer properly to appropriate parties in order that the receiving party is able to act promptly on their needs;

5.8  Avoid inappropriate public comments and personal opinions that can be construed as official;

5.9  Do not unfairly discriminate against any member of the public on account of race, gender, ethnic or social origin, sexual orientation, age, disability, religion, political persuasion, belief, culture or language/dialect.

Section 6.  OUTSIDE EMPLOYMENT/PRIVATE PRACTICE OF PROFESSION

6.1   As a general rule, 鶹ý personnel shall not accept full time or  part-time employment in another office or  agency, private or public while on full time employment with the Council.  Applications for leave of absence where the purpose or reason is for employment in private or other government offices, either inside or outside the country shall not be allowed.

6.2  鶹ý personnel may, however, be allowed to engage in private practice or profession on a limited basis, after securing authority from the Chairperson or her duly authorized representative, subject to the following conditions:

(a)    One (1) year residency with the Council;

(b)    At least very satisfactory performance for the year prior to the request for authority to engage in private practice of profession.  Renewal shall only be granted if the performance during the year covered by the  authority granted has been rated at least very satisfactory;

(c)    No government resources shall be used in furtherance of said private practice of profession;

(d)    The private practice of profession shall not affect the performance of the duties and responsibilities of  the personnel concerned.  He/she shall give priority to his/her official duties at all times;

(e)    Activities in relation to private practice of profession shall neither conflict nor tend to conflict with the official functions nor be prejudicial to the best interest of the service.  The private practice does not  require or induce the personnel concerned to disclose confidential information in relation to his/her official functions in the Council.

(f)    The practice of professional in private capacity shall be done outside office hours;

(g)    The request for renewal of authority shall be subject to the assessment and recommendation of
the Head of Agency;

(h)      鶹ý personnel who has been authorized to practice profession in private capacity shall
attach to  his/her Statement of Assets, Liabilities and Net Worth (SALN) his/her income tax
return for income earned in his/her private practice of profession.

Section 7.  POST EMPLOYMENT

Former 鶹ý officials and employees who have joined private institutions and whose present employment bears a direct relationship with their former positions are strictly prohibited one (1) year after the resignation/separation or retirement from the 鶹ý from making transactions, directly or indirectly, with incumbent 鶹ý officials and employees, on any matter/case pending with 鶹ý, the approval of which had been dependent on the former 鶹ý official/employee.

Incumbent officials and employees shall observe the following ethical standards in dealing with former 鶹ý officials and employees.

7.1  In no instance or occasion, inside or outside the office, shall incumbent officials and employees
recommend the hiring of former 鶹ý officials and employees within one (1) year after
resignation/separation/retirement except for a very highly technical job;

7.2  Incumbent official and employee should not  transact directly or indirectly with former 鶹ý
officials/employees in any matter related to procurement of goods/services;

7.3  The preceding prohibitions shall likewise apply to any transaction with the representative of said
former 鶹ý officials and employees;

7.4   Incumbent staff/employees about to retire/terminate their services at 鶹ý shall not give undue
favor to prospective NGOs/private organizations as future employer;

7.5  鶹ý shall assess and recommend former employees for investigation should high suspicion or
evidence of hidden wealth within 3 years after retirement surface;

7.6  By way of exceptions, the following circumstances may be considered regular and proper ways
of relating with former 鶹ý officials and employees:

7.6.1   During 鶹ý legal and/or administrative proceedings
7.6.2   During request for DSWD assistance
7.6.3  Meeting strictly socially or by chance or accident between the incumbent officials or
employees and a former 鶹ý official or employee

RULE II
POLICY ON NEPOTISM

Section 1.   Pursuant to civil service law and rules on nepotism, no appointments in the career service shall be issued to 鶹ý personnel by an official as the head of the agency / appointing authority/immediate supervisor, who is a relative of the appointee within the third degree of affinity or consanguinity.

Section 2.  In case of marriage between officials or employees of the same office, the supervisor concerned shall recommend for change of place of assignment/assignment transfer of at least one of the subject official/employee.

RULE III
POLICY ON SEXUAL HARRASSMENT

Section 1. Complaints on sexual harassment shall be governed by CSC Resolution No. 01-0940 “Administrative Disciplinary Rules on Sexual Harassment Cases” including penalties and gravity of the offense committed.  These Rules shall apply to all officials and employees of 鶹ý.

RULE IV
CONFLICT OF INTEREST

Section 1.  鶹ý officials and employees shall not engage, directly or indirectly, in any of the following or similar acts:

1.1    Enter into contract with the 鶹ý for the supply of goods, equipment, supplies and other related items, and services including lease or sale of property;

1.2    Participate in any official action in which either he/she or any of his immediate family or relatives within the third civil degree of consanguinity or affinity will derive pecuniary or material benefit;

1.3    Recommend any person for employment to any supplier or any other person doing business with the Council; and

1.4    Give undue advantage/preference to anyone to further his personal/private interests.

Section 2.  No 鶹ý official or employee shall receive money or other forms of remuneration for assisting or attending to parties engaged in transactions or involved in actions or proceedings with the Council.

RULE V
POLICY ON GIFT GIVING, ACCEPTING OF GIFTS, DONATIONS AND SPONSORSHIP

A “gift” refers to a thing or a right disposed of gratuitously, or any act of liberality, in favour of another who accepts it, and shall include a simulated sale or an ostensible disposition thereof (RA No. 6713).

In general, 鶹ý shall follow a “no gift policy”.

Section 1.  Officials and employees shall not directly or indirectly request or receive any gift regardless of the amount, share percentage, or benefit for himself/herself, or for any other person in connection with any contract or  transaction with the Council, wherein the official or employee in his/her capacity can intervene or influence under the law.

Section 2.  Officials and employees shall not accept or receive any gift, donation and sponsorship, directly or indirectly, regardless of amount from any of the following:

(a)    Any bidder, supplier, contractor, service provider, technical expert or any other entity including their agents with contract/s with 鶹ý;

(b)    Any individual, counsel, witness, or their agent undergoing any fact-finding/formal investigation being conducted by 鶹ý; and

(c)    Any person or company transacting business with 鶹ý

Section 3.  Officials and employees shall not solicit, directly or indirectly, any gift, donation in cash or in kind and sponsorship for themselves or for others, regardless of the amount without the approval of the Head of the Agency.

Section 4.  Officials and employees shall not accept nor receive, directly or indirectly, any gift, donation, sponsorship, regardless of the amount, where this may influence present or future performance of their official functions.

Section 5.  Officials and employees may receive tokens of gratitude (whether cash, in kind or in the form of gift certificates) as appropriate to the ceremony or occasion to which the official/employee acted as a lecturer or as a resource speaker outside the Council.

Section 6.  Officials and employees may accept gifts, donations and sponsorships from individuals or organizations or their agents not covered in Section 2, provided that the gifts, donations and sponsorships were delivered/given in the workplace.  The gifts and donations received should be registered in the Registry Book of Gifts to be maintained by the Integrity Development Committee regardless of the amount.  Likewise, acknowledgement receipt shall be issued by the receiver if the gifts monetary value is Two Thousand Pesos (P2,000.00) and above.  A quarterly report shall be provided by the Integrity Development Committee, copy furnished the Administrative Division.

RULE VI
POLICY ON PUBLIC DISCLOSURE

Article 2. Section 28 and Article 3, Section 7 of the 1987 Philippine Constitution state that:

“Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.”

“The right of people to information on matters of public concern shall be recognized.  Access to official records and to documents and papers pertaining to official records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data to be used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law”.

鶹ý hereby adopts a policy of full disclosure of all its transactions involving public interest.

Section 1.  Every division of the Council shall make official information available for public knowledge, scrutiny, copying or reproduction, subject to the following conditions:

(a)    The request for information shall be in writing, containing the complete name, signature and address of the person making the request, including its purpose;

(b)    To ensure the security and safety of the records, copying or reproduction shall be done within the 鶹ý premises;

(c)       The information acquired shall be used only for lawful purposes.

Section 2.  The following documents and papers are exempted from disclosure:

(a)    Classified as “confidential” where disclosure of such documents will result to loss of dignity of the persons with disabilities being  assisted/coordinated by the Council, or will further endanger the PWDs’ condition or case;

(b)    When unauthorized, disclosure thereof would constitute an undue invasion of personal privacy or will put the life of the officials and employees and their immediate families in danger;

(c)     When disclosure will deprive a person of the right to a fair or an impartial adjudication

(d)     When disclosure will pose a danger to the security of the state;

(e)     When the Council limits the documents/papers as for “Internal Use Only”

(f)     When non-disclosure is allowed by law

Section 3.  The appropriate Office/Division shall comply with the request for information within fifteen (15) working days from the receipt thereof or within a reasonable time mutually agreed upon by both the person making the request and the 鶹ý Office/Division concerned.

Section 4.  In case of denial or request in whole or in part, the head of the agency shall notify the requesting party in writing or through electronic means within five (5) working days from receipt of the request.  The notice shall clearly indicate the name, designation or position of the person making the denial and the reasons for denial.

RULE VII
POLICY ON WHISTLE BLOWING

Section 1.  Encouraging Reporting of Malpractices, Corruption and Other Protected Disclosures

The Council  recognizes that an internal whistle blowing and reporting policy is necessary to encourage honest and excellent public service that will deter undesirable and corrupt practices.  This being the case, internal rules and standards have been formulated in order to ensure that:

(1)     Disclosures are made to the proper public entity;

(2)     The inappropriate publication of unsubstantiated disclosures does not damage the reputation of the whistleblowers/informers

Section 2.  Protection and Rights of Whistleblowers:

2.1  Protection Against Retaliatory Actions –  No Administrative action shall be entertained against a whistleblower involving a protected disclosure;

2.2  No Breach of Duty of Confidentiality –  A whistleblower that has an obligation by way of oath, rule or practice to maintain confidentiality of information shall not be deemed to have committed a breach of such duty if  he/she/they make/s protected disclosure of such information;

2.3  Protection of Whistleblowers even after investigation/case is closed/resolved-  the protection shall commence from the time the whistleblower made the protected disclosure in an investigation or testifies in a formal proceeding, if needed be, or until the threat, initimidation or harassment disappears or is reduced to a manageable or tolerable level.  This right may be extended to any member of the family of the  whistleblower within the second civil degree of consanguinity or affinity.

Section 3.  Remedies and Administrative Sanctions

3.1  Violations of Confidentiality –  any employee who violated the protection of confidentiality of a protected disclosure and of the confidentiality of proceedings shall be subject to disciplinary actions as may be provided under relevant 鶹ý issuances, Civil Service Commission issuances, the Administrative Code of 1987, RA No. 6713, RA No. 3019 and other relevant laws, rules and/or regulations.

3.2  Retaliatory Actions –  any employee who does, causes or encourages retaliatory actions, as defined in These Rules, against a whistleblower and/or employees supporting him/her, or any of his/her relatives within the fourth civil degree by consanguinity or affinity, shall be immediately subjected to administrative and/or criminal proceedings, and in appropriate cases, immediately placed under preventive suspension.

3.3  Perjurious Statements –  false and misleading disclosures or statements shall be sufficient ground for the termination of benefits of whistleblowers under these Rules, including his/her immunity from administrative cases as well as disciplinary proceedings against the whistleblower(s) as may be appropriate.

RULE VIII
RECEIVING AND HANDLING COMPLAINTS

Section 1.  No 鶹ý personnel shall be removed nor suspended except for cause as provided by Law and after due process.

Section 2.  Any complaint against any officer or personnel of the Council under this Code shall be initiated by a verified complaint, or if not verified, is verifiable and supported by necessary evidence.  This section shall also cover situations wherein officers or personnel of the Council institute an administrative offense against a co-employee in the Council.

Section 3. Complaints whether verified or not shall be referred to the Grievance Committee for appropriate investigation and action. However, if the complaints involve the Executive Director and Deputy Executive Director,  the subject complaint will be referred to the appropriate agency.

Section 4.  Any violation of this Code shall be subject to the pertinent provisions of the Civil Service rules on administrative due process, actions, sanctions and remedies.

RULE IX
INCENTIVES, REWARDS AND RECOGNITION

The provision of incentives, rewards and recognition has a significant impact on the performance and the development of capabilities of 鶹ý officials and employees.  Incentive programs have been known to motivate employees to further improve their capacity and work diligently toward the accomplishment of their plans.  Rewards system also encourages creativity, innovativeness, efficiency, integrity and productivity in the public service towards the accomplishment of the Council’s mandate.

This rule is written with the objectives of maintaining, retaining and recognizing government employees who work with competence, efficiency and integrity and think with dynamism and dedication for the public service.

鶹ý may provide these incentives and rewards, but not limited to the following:

1.    Local and foreign scholarship grants
2.    Attendance to conferences on official time
3.    Awarding of citations like trophies, plaques or appreciation or certificates
4.    Membership to professional organizations

In conferring the incentives, rewards, and recognition to its employees, 鶹ý considers the following criteria:

1.      Quality and consistency of performance
2.      Uniqueness and exemplary quality of achievement
3.      Quality of Character
4.      Years of Service
5.      Position and their salary level

All proposals for the provision of rewards/incentives must be submitted to the Program on Awards and Incentive for Service Excellence (PRAISE) Committee for their review and endorsement.  The PRAISE Committee shall draft their specific guidelines in revising incentive proposals.

RULE X
PENALTY AND SANCTIONS

Section 1.  Any deviation/violation of this Code shall be subject to appropriate sanctions in accordance with the civil service law and rules.

Section 2.  The verified complaint shall be referred to the 鶹ý Chairperson for appropriate action.

RULE XI
EFFECTIVITY

This Code shall take effect fifteen (15) days following its issuance and circulation to all parties involved.

Issued this 8th  day of December , 2011 in Quezon City.

(ORIGINAL SIGNED)
ALICIA R. BALA
Officer-in-Charge/Executive Director

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Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees – IRR of RA 6713 /rules-implementing-the-code-of-conduct-and-ethical-standards-for-public-officials-and-employees-republic-act-no-6713/ Tue, 13 Apr 2010 08:22:55 +0000 http://www.ncda.gov.ph/?page_id=908 continue reading : Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees – IRR of RA 6713 ]]> Pursuant to the provisions of Section 12 of Republic Act No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, approved on February 20, 1989, and which took effect on March 25, 1989, conformably to Section 17 thereof, the following Rules are hereby adopted in order to carry out the provisions of the said Code:

Rule I
Coverage

Section 1. 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 II
Interpretation

Section 1. These Rules shall be interpreted in the light of the Declaration of Policy found in Section 2 of the Code:

It is the policy of the State to promote a high standard of ethics in public service. Public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest

Rule III
Reforms on Public Administrative Systems

Section 1. Every department, office and agency shall, as soon as practicable and in no case later than ninety (90) days from the effectivity of these Rules, start conducting value development programs for its officials and employees in order to strengthen their commitment to public service and help promote the primacy of public interest over personal interest in the performance of their duties. Such programs and other parallel efforts on value development shall include, among other things, the following subject:
a) Ethical and moral values;
b) Rights, duties and responsibilities of public servants;
c) Nationalism and patriotism;
d) Justice and human rights;
e) Democracy in a free and just society;
f) Philippine history, culture and tradition; and
g) Socio-economic conditions prevailing in the country, especially in the depressed areas, and the need for a Code of Conduct and Ethical Standards.

Continuing refresher courses and seminars and/or workshops to promote a high standard of ethics in public service shall be conducted.

Section 2. Professional, scientific, technical trainings and education programs shall enhance to the highest degree, professionalism, excellence, intelligence and skills in the performance and discharge of duties and responsibilities of officials and employees. These programs shall be conducted in all offices of the government and may include subjects that are enumerated in the preceding section.

Section 3. It is the responsibility of every head of department, office and agency to ensure that officials and employees attend the value development program and participate in parallel value development efforts.

Section 4. Every department office and agency shall conduct continuing studies and analyses of their work systems and procedures to improve delivery of public services. Towards this end, such studies and analyses shall: (1) identify systems and procedures that lead or contribute to negative bureaucratic behavior; (2) simplify rules and procedures to avoid red tape; and (3) devise or adopt systems and procedures that promote official and employee morale and satisfaction.

Each department, office or agency shall develop a service guide or its functional equivalent which shall be regularly updated and made available to the transacting public. A workflow chart showing procedures or flow of documents shall likewise be posted in conspicuous places in the department, office or agency for the information and guidance of all concerned.

Upon request, the Department of Budget and Management shall assist departments, offices and agencies in the evaluation and adoption of work systems and procedures that will institutionalize a management climate conducive to public accountability.

Section 5. Every department, office and agency shall consult the public they serve for the purpose of gathering feedback and suggestions on the efficiency, effectiveness and economy of services. They shall establish mechanism to ensure the conduct of public consultation and hearings.

Section 6. Every department, office and agency shall continuously conduct research and experimentation on measures and adopt innovative programs which will provide motivation to officials and employees in raising the level of observance of public service ethical standards.

Section 7. Every department, office and agency shall, in consultation with the Office of the Ombudsman, appoint or designate a Resident Ombudsman who shall act immediately on all request for public assistance referred to him by the Ombudsman and his Deputies. He shall be held accountable for the disposition of all requests for assistance. .

Section 8. Government officials shall make themselves available to their staff for consultation and dialogues.

Rule IV
Transparency of Transaction and Access to Information

Section 1. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

Section 2. It is the responsibility of heads of departments, offices and agencies to establish measures and standards that will ensure transparency of and openness in public transactions in their respective offices, such as in biddings, purchases, other financial transactions including contracts, status of projects, and all other matters involving public interest.

They shall establish information system that will inform the public of the following: (a) policies, rules, and procedures; (b) work programs, projects, and performance targets; (c) performance reports; and (d) all other documents as may hereafter be classified as public information.

Such public information shall be utilized solely for the purpose of informing the public of such policies, programs and accomplishments, and not to build the public image of any official or employee or to advance his own personal interest.

Section 3. Every department, office or agency shall provide official information, records or documents to any requesting public, except if:

(a) such information, record or document must be kept secret in the interest of national defense or security or the conduct of foreign affairs;

(b) such disclosure would put the life and safety of an individual in imminent danger;

(c) the information, record or document sought falls within the concepts of established privilege or recognized exceptions as may be provided by law or settled policy or jurisprudence;

(d) such information, record or document comprises drafts of decisions, orders, rulings, policy decisions, memoranda, etc.;

(e) it would disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(f) it would disclose investigatory records compiled for law enforcement purposes or information which if written would be contained in such records, but only to the extent that the production of such records or information would (i) interfere with enforcement proceedings, (ii) deprive a person of a right to a fair trial or an impartial adjudication, (iii) disclose the identity of a confidential source and in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, or (iv) unjustifiably disclose investigative techniques and procedures; or

(g) it would disclose information the premature disclosure of which would (i) in the case of a department, office or agency which agency regulates currencies, securities, commodities, or financial institutions, be likely to lead to significant financial speculation in currencies, securities, or commodities, or significantly endanger the stability of any financial institution; or (ii) in the case of any department, office or agency be likely or significantly to frustrate implementation of a proposed official action, except that subparagraph (f) (ii) shall not apply in any instance where the department, office or agency has already disclosed to the public the content or nature of its proposed action, or where the department, office or agency is required by law to make such disclosure on its own initiative prior to taking final official action on such proposal.

Section 4. Every head of department, office and agency shall establish information systems and networks that will effect the widest possible dissemination of information regarding the provisions of the Code, and the policies and programs relative thereto.

Rule V
Incentives and Rewards System

Section 1. Incentives and rewards shall be granted officials and employees who have demonstrated exemplary service and conduct on the basis of their observance of the norms of conduct laid down in Section 4 of the Code, namely:

(a) Commitment to public interest Officials and employees shall always uphold the public interest over personal interest. All government resources and powers of their respective departments, offices and agencies must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.

(b) Professionalism 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.

(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 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. 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.

(d) Political neutrality Officials and employees shall provide service to everyone without unfair discrimination regardless of party affiliation or preference.

(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, roles 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.

(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.

(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.

(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 2. The following criteria shall be considered in the conferment of awards:
(a) Years of service;
(b) Quality and consistency of performance;
(c) Obscurity of the position;
(d) Level of salary;
(e) Unique and exemplary quality of achievement;
(f) Risk or temptation inherent in the work; and
(g) Any similar circumstances or considerations in favor of the particular awardee

Section 3. Incentives and rewards to government officials and employees of the year may take the form of any of the following, as may be determined by the Committee on Awards established under the Code:
(a) Bonuses; or
(b) Citations; or
(c) Directorships in government-owned or controlled corporations; or
(d) Local and foreign scholarship grants; or
(e) Paid vacations; and
(f) Automatic promotion to the next higher positions suitable to his qualifications and with commensurate salary: provided, that if there is no next higher position or it is not vacant, said position shall be included in the next budget of the office; except when the creation of a new position will result in distortion in the organizational structure of the department, office or agency. Where there is no next higher position immediately available, a salary increase equivalent to the next higher position shall be given and incorporated in the base pay. When a new position is created, that which is vacated shall be deemed abolished.

The grants of awards shall be governed by the merit, and fitness principle.

Section 4.
(a) The system shall be administered by a Committee on Awards for
Outstanding Public Officials and employees composed of :
(1) Ombudsman – Co-Chairman
(2) Chairman, CSC – Co-Chairman
(3) Chairman, COA -Member
(4) Two (2) Government Employees to be appointed by the President -Members

b) For this purpose, the Committee shall perform the following functions and responsibilities:

(1) Conduct a periodic, continuing review of performance of officials and employees in all departments, offices and agencies;
(2) Establish a system of annual incentives and rewards to the end that due recognition is given to officials and employees of outstanding merit on the basis of standards set forth in Section 2, Rule V hereof;
(3) Determine the form of rewards to be granted;
(4) Formulate and adopt its own rules to govern the conduct of its activities, which shall include guidelines for evaluating nominees, the mechanism for recognizing the awardees in public ceremonies and the creation of sub-committees;

c) In the evaluation of nominees, the Committee may be assisted by technical experts selected from the government and the private sectors.

Section 5. The Civil Service Commission shall provide secretariat service to the Committee.

Section 6. Nothing herein provided shall inhibit any department, office or agency from instituting its own rewards program in addition to those provided by, but not inconsistent with, these rules.

Section 7. The budget to cover all expenses in the implementation of this Rule shall be incorporated in the appropriations of the Civil Service Commission.

Rule VI
Duties of Public Officials and Employees

Section 1. As a general rule, when a request or petition, whether written or verbal, can be disposed of promptly and expeditiously, the official or employee in charge to whom the same is presented shall do so immediately, without discrimination, and in no case beyond fifteen (15) days from receipt of the request or petition.

Section 2. In departments, offices or agencies that are usually swamped with persons calling for a particular type of service, the head of the department, office or agency shall devise a mechanism so as to avoid long queues such as by giving each person a ticket number duly countersigned which shall specify the time and the date when the person, whose name and address shall be indicated, can be served without delay. Said person shall have the right to prompt service upon presentation of said ticket number.

Section 3. In case of written requests, petitions or motions, sent by means of letters, telegrams, or the like, the official or employee in charge shall act on the same within fifteen (15) working days from receipt thereof, provided that:

(a) If the communication is within the jurisdiction of the office or agency, the official or employee must:

(1) Write a note or letter of acknowledgement where the matter is merely routinary or the action desired may be acted upon in the ordinary course of business of the department, office or agency, specifying the date when the matter will be disposed of and the name of the official or employee in
charge thereof.

(2) Where the matter is non-routinary or the issues involved are not simple or ordinary, write a note or letter of acknowledgement, informing the interested party, petitioner or correspondent of the action to be taken or when such requests, petitions or motions can be acted upon. Where there is a need to submit additional information, requirements, or documents, the note or letter of acknowledgment shall so state, specifying reasonable period of time within which they should be submitted, and the name of the particular official or employee in charge thereof. When all the documents or requirements have been submitted to the satisfaction of the department, or office of agency concerned, the particular official or employee in charge shall inform the interested party, petitioner, or correspondent of the action to be taken and when such action or disposition can be expected, barring unforeseen circumstances.

(b) If communication is outside its jurisdiction, the official or employee must:

(1) Refer the letter, petition, telegram, or verbal request to the proper department, office or agency.

(2) Acknowledge the communication by means of note or letter, informing the interested party, petitioner, or correspondent of the action taken and attaching a copy of the letter of referral to the proper department, office or agency.

The department, office and agency to which the letter, petition, telegram or verbal request was referred for appropriate action must take action in accordance with subsection (a), pars. 1 & 2 hereof.

The period of fifteen (15) days herein provided shall be counted from date of
receipt of the written or verbal communication by the department, office or agency
concerned.

Section 4. All official papers and documents must be processed and completed within a reasonable time from the preparation thereof. Reasonable time shall be determined in accordance with the following rules:

a) When the law or the applicable rule issued in accordance therewith prescribes a period within which a decision is to be rendered or an action taken, the same shall be followed.

b) When the law or the applicable rule issued in accordance therewith does not prescribe a period, the head of the department, office or agency shall issue rules and regulations prescribing, among other things, what is reasonable time, taking into account the following factors:

(1) Nature, simplicity or complexity of the subject matter of the official papers or documents processed by said department, office or agency;

(2) Completeness or inadequacy of requirements or of data and information necessary for decision or action;

(3) Lack of resources caused by circumstances beyond the control of the department, office or agency or official or employee concerned;

(4) Legal constraints such as restraining orders and injunctions issued by proper judicial, quasi-judicial or administrative authorities;

(5) Fault, failure or negligence of the party concerned which renders decision or action not possible or premature; and

(6) Fortuitous events or force majeure.

Section 5. Except as otherwise provided by law or regulation, and as far as practicable, any written action or decision must contain not more than three (3) initials or signatures. In the absence of the duly authorized signatory, the official next-in-rank or officer-in-charge or the person duly authorized shall sign for and in his behalf.

The head of the department, office or agency shall prescribe, through an appropriate office order, the rules on the proper authority to sign in the absence of the regular signatory, as follows:

(1) If there is only one official next in rank, he shall automatically be the signatory.

(2) If there are two or more officials next in rank, the appropriate office order shall prescribe the order of priority among the officials next in rank within the same organizational unit; or

(3) If there is no official next in rank present and available, the head of the department, office or agency shall designate an officer-in-charge from among those next lower in rank in the same organizational unit.

Section 6. All public documents must be made accessible to, and readily available for inspection by, the public during office hours, except those provided in Section 3, Rule IV.

Section 7. All heads or other responsible officers of departments, offices and agencies of the government and government-owned or controlled corporation shall, within forty five (45) working days from the end of the year, render a full and complete report of performance and accomplishments, as prescribed by existing laws and regulations.

Another report of compliance with the provisions of the Code and these Rules shall be prepared and submitted to the Civil Service Commission. The Commission may require officials to provide additional information or furnish documents, if necessary.

Section 8. Officials and employees and their families shall lead modest and simple lives appropriate to their position and income. They shall not indulge in extravagant or ostentatious display of wealth in any form. Basically, modest and simple living means maintaining a standard of living within the public official or employee’s visible means of income as correctly disclosed in his income tax returns, annual statement of assets, liabilities and net worth and other documents relating to financial and business interests and connections.

Public funds and property for official use and purpose shall be utilized with the diligence of a good father of a family.

Rule VII
Public Disclosure

Section 1. Every official and employee, except those who serve in an official honorary capacity, without service credit or pay, temporary laborers and casual or temporary and contractual workers, shall file under oath their statements of assets, liabilities and net worth and a disclosure of business interest and financial connections including those of their spouses and unmarried children under eighteen (18) years of age living in their households, in the prescribed form, Annex A.

a) Contents of Statement

1) The Statements of Assets and Liabilities and Net Worth shall contain information on the following:
(a) real property, its improvements, acquisition costs, assessed value, and current fair market value;
(b) personal property and acquisition cost;
(c) all other assets such as investments, cash on hand or in banks, stock, bonds , and the like; and
(d) all financial liabilities, both current and long term.

2) The Disclosure of Business Interest and Financial Connections shall contain information on any existing interest in, or any existing connection with, any business enterprises or entities, whether as proprietor, investor, promoter, partner, shareholder, officer, managing director, executive,
creditor, lawyer, legal consultant or adviser, financial or business consultant, accountant, auditor, and the like, the name and addresses of the business enterprises or entities, the dates when such interests or connections were established, and such other details as will show the nature of the interests of connections.

b) When to File
The above documents under the Code must be filed:

(1) Within thirty (30) days after assumption of office, statements of which must be reckoned as of his first day of service.

(2) On or before April 30 of every year thereafter, statements of which must be reckoned as of the end of the preceding year; or

(3) Within thirty (30) days after separation from the service, statements of which must be reckoned as of his last day of office.

c) Where to File
The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interest and Financial Connections shall be filed by the:

(1) President, Vice-President and Constitutional Officials, with the National Office of the Ombudsman;

(2) Senators and Congressmen, with the Secretaries of the Senate and the House of Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court; Judges, with the Court Administrator; and national executive officials such as Members of the Cabinet, Undersecretaries and Assistant Secretaries, including the foreign service and heads of government-owned or controlled corporations with original charters and their subsidiaries and state colleges and universities with the Office of the President;

(3) Regional and local officials and employees, both appointive and elective, including other officials and employees of government-owned or controlled corporations and their subsidiaries and state colleges and universities, with the Deputy Ombudsman in their respective regions;

(4) Officers of the Armed Forces from the rank of Colonel or Naval Captain, with the Office of the President, and those below said ranks, with the Deputy Ombudsman in their respective regions;

(5) All other officials and employees defined in Republic Act No. 3019, as
amended with the Civil Service Commission.

A copy of said statements shall also be filed with their respective departments, offices or agencies.

(d) All Statements of Assets, Liabilities and Net worth, as of December 31,1998, now on file with their respective agencies shall constitute sufficient compliance with the requirements of the Code and they shall be required to accomplish and file the new form as prescribed in these Rules on or before April 30,1990, and every year thereafter.

(e) Every official and employee shall also execute , within thirty (30) days from date of their assumption of office, the necessary authority in favor of the Ombudsman to obtain, from all the appropriate government agencies, including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net worth, and also their business interests, and financial connections in previous years, including, if possible, the year when they first assumed any office in the government.

(f) Married couples who are both public officials or employees may file the required statements jointly or separately.

Section 2. Every official or employee shall identify and disclose under oath to the best of his knowledge and information, his relatives in the government , up to the fourth civil degree of relationship, either of consanguinity or affinity, including bilas, inso, and balae, in the prescribed form, Annex A, which shall be filed; (a) within thirty (30) days after assumption of office, the information contained therein must be reckoned as of his first day of office;(b) on or before April 30 of every year thereafter, the information contained therein must be reckoned as of the end of the preceding year; or (c) within thirty (30) days after separation from the service, the information contained therein must be reckoned as of his last day of office.

Section 3.
(a) Any and all statements filed in accordance with the preceding sections shall be made available for public inspection at reasonable hours;

(b) Such statements shall be made available for copying or reproduction after ten (10) working days from the time they are filed as required by law unless extended for meritorious reasons.

(c) Any duly authorized person requesting a copy of a statement shall be required to pay a reasonable fee as may be determined and prescribed by the Civil Service Commission to cover the cost of reproduction and mailing of such statement, as well as the cost of certification.

(d) Any statement filed under the Code shall be available to the public, subject to the foregoing limitations, for a period of ten (10) years after receipt of the statement. The statement may be destroyed after such period unless needed in an on-going investigation.

Rule VIII
Review and Compliance Procedure

Section 1. The following shall have the authority to establish compliance procedures for the review of statements to determine whether said statements have been properly accomplished:

(a) In the case of Congress, the designated committees of both Houses of Congress subject to approval by the affirmative vote of the majority of the particular House concerned;

(b) In the case of the Executive Department, the heads of the departments, offices and agencies insofar as their respective departments, offices and agencies are concerned subject to approval of the Secretary of Justice.

(c) In the case of the Judicial Department, the Chief Justice of the Supreme Court; and

(d) In the case of the Constitutional Commissions and other Constitutional Offices, the respective Chairman and members thereof; in the case of the Office of the Ombudsman, the Ombudsman.

The above official shall likewise have the authority to render any opinion interpreting the provisions on the review and compliance procedures in the filing of statements of assets, liabilities, net worth and disclosure of information.

In the event said authorities determine that a statement is not properly filed, they
shall inform the reporting individual and direct him to take the necessary corrective
action.

The individual to whom an opinion is rendered, and any other individual involved in a similar factual situation, and who, after issuance of the opinion acts in good faith in accordance with it shall not be subject to any sanction provided in the Code.

Rule IX
Conflict of Interest and Divestment

Section 1.
(a) An official or employee shall avoid conflict of interest at all times.
(b) Conflict of Interest occurs:

(1) When the official or employee is:
a) a substantial stockholder; or
b) a member of the Board of Directors; or
c) an officer of the corporation; or
d) an owner or has substantial interest in a business; or
e) a partner in a partnership; and

(2) The interest of such corporation or business, or his rights or duties therein, are opposed to or affected by the faithful performance of official duty.

(c) A substantial stockholder is any person who owns, directly or indirectly, shares of stock sufficient to elect a director of a corporation. This term shall also apply to the parties to a voting trust.

(d) A voting trust means an agreement in writing between one or more stockholders of a stock corporation for the purpose of conferring upon a trustee or trustees the right to vote and the other rights pertaining the shares for certain periods and subject to such other conditions provided for in the Corporation Law.

Section 2.
(a) When a conflict of interest arises, the official or employee involved 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 share-holdings interest within sixty (60) days from such assumption. For those who are already in the service, and conflict of interest arises, the officer or employee must resign from his position in the private business enterprise and/or divest himself of his shareholdings or interest within the periods herein-above provided, reckoned from the date when the conflict of interest had arisen. The same rule shall apply where the public official or employee is a partner in a partnership.

(b) If the conditions in Section 1 (b) concur, divestment shall be mandatory for any official or employee even if he has resigned from his position in any private business enterprise.

(c) Divestment shall be to a person or persons other than his spouse and relatives within the fourth civil degree of consanguinity or affinity.

(d) The requirements for divestment shall not apply to those specifically authorized by law and those who served the government in an honorary capacity nor to laborers and casual or temporary workers.

Rule X
Grounds for Administrative Disciplinary Action

Section 1. In addition to the grounds for administrative disciplinary action prescribed under existing laws, the acts and omissions of any official or employee, whether or not he holds office or employment in a casual, temporary, hold-over, permanent or regular capacity, declared unlawful or prohibited by the Code, shall constitute the grounds for administrative disciplinary action, and without prejudice to criminal and civil liabilities provided herein, such as:

(a) Directly or indirectly having financial and material interest in any transaction requiring the approval of his office. Financial and material interest is defined as a pecuniary or proprietary interest by which a person will gain or lose something;

(b) Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or licensed by his office, unless expressly allowed by law;

(c) Engaging in the private practice of his profession unless authorized by the, Constitution, law or regulation, provided that such practice will not conflict or tend to conflict with his official functions;

(d) Recommending any person to any position in a private enterprise which has a regular or pending official transaction with his office, unless such recommendation or referral is mandated by (1) law, or (2) international agreements, commitment and obligation, or as part of the functions of his office;

These acts shall continue to be prohibited for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of paragraph (c) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, within one year after such resignation, retirement, or separation, provided that any violation hereof shall be a ground for administrative disciplinary action upon re-entry to the government service.

e) Disclosing or misusing confidential or classified information officially known to him by reason of his office and not made available to the public, to further his private interests or give undue advantage to anyone, or to prejudice the public interest;

(f) 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 propriety or impropriety of the foregoing shall be determined by its value, kinship or relationship between giver and receiver and the motivation. A thing of monetary value is one which is evidently or manifestly excessive by its very nature.

Gift refers to a thing or a right disposed of gratuitously, or any act of liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof.

Loan covers simple loan and commodatum as well as guarantees, financing arrangement or accommodation intended to ensure its approval. Commodatum refers to a contract whereby one of the parties delivers to another something not consumable so that the latter may use the same for a certain time and return it.

This prohibition shall not include:

(1) Unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee or given after the transaction is completed, or service is rendered. As to what is a gift of nominal value will depend on the circumstances of each case taking into account the salary of the official or employee, the frequency or infrequency of the giving, the
expectation of benefits, and other similar factors.

(2) A gift from a member of his family or relative as defined in the Code on the occasion of a family celebration, and without any expectation of pecuniary gain or benefit.

(3) Nominal donations from persons with no regular, pending, or expected transactions with the department, office or agency with which the official or employee is connected, and without any expectation of pecuniary gain or benefits.

(4) Donations coming from private organizations whether local or foreign, which are considered and accepted as humanitarian and altruistic in purpose and mission.

(5) Donations from government to government entities. As to gift or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by 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 grant or expense for travel taking place entirely outside the Philippines (such as allowances, transportation, food and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interest of the Philippines, and permitted by the head of office, branch, or agency to which he belongs. Nothing in the Code shall be construed to restrict or prohibit any educational scientific or cultural exchange programs subject to national security requirements.

(g) Obtaining or using any statement filed under the Code for any purpose contrary to morals or public policy or any commercial purpose other than by news and communications media for dissemination to the general public;

(h) Unfair discrimination in rendering public service due to party affiliation or
preference;

(i) Disloyalty to the Republic of the Philippines and to the Filipino people;

(j) Failure to act promptly on letters and request within fifteen (15) days from receipt, except as otherwise provided in these Rules.

(k) Failure to process documents and complete action on documents and papers within a reasonable time from preparation thereof, except as otherwise provided in these

Rules;
(l) Failure to attend to anyone who wants to avail himself of the services of the office, or to act promptly and expeditiously on public personal transactions;

(m) Failure to file a sworn statements of assets, liabilities and net worth, and disclosure of business interests and financial connections; and

(n) Failure to resign from his position in the private business enterprise within thirty (30) days from assumption of public office when conflict of interest arises, and/or failure to divest himself of his shareholdings or interests in private business enterprise within sixty (60) days from such assumption of public office when conflict of interest arises,: Provided however, that for those who are already in the service and a conflict of interest arises, the official or employee must either resign or divest himself of said interests within the periods here-in above provided, reckoned from the date when the conflict of interest had arisen.

Rule XI
Penalties

Section 1. Any official or employee regardless of whether or not he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of the Code shall be punished with a 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 the latter statute. Violations of Section 7, 8, or 9 of the Code shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000.00) or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office.

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.

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

The official or employee concerned may bring an action against any person who obtains or uses a report for any purpose prohibited by Section 8 (d) of the Code. The Court in which such action is brought may assess against such person a penalty in any amount not to exceed twenty-five thousand pesos (P25,000.00). If another sanction hereunder or under any other law is heavier, the latter shall apply.

Section 2. Administrative proceedings for violation of these Rules shall be in accordance with the Civil Service Law and Rules.

Rule XII
Free Voluntary Service
Section 1.
(a) Free voluntary service refers to services rendered by persons who are in government without pay or compensation.
b) The requirements of free voluntary service are as follows:

(1) Issuance of an appropriate document;
(2) Fitness and suitability for the duties and responsibilities of the particular position;
(3) Compliance with the rule on nepotism

c) The following are the functions or services that volunteers can perform:
(1) Advisory;
(2) Consultancy or counseling;
(3) Recommendatory;
(4) Professional Services;
(5) Staff work such as planning or research; or
(6) Humanitarian

d) Those who render free voluntary service to the government are covered by the following:
1) Laws on rewards and incentives;
2) Norms of conduct and ethical standards;
3) Duties and obligations of public officers and employees;

4) Prohibitions and sanctions enumerated in these Rules; and
5) Civil and criminal liability

e) Those who render free voluntary service are, however, exempted from the filing of statements of assets, liabilities and net worth and financial disclosures, the requirement on divestment and the appropriate eligibility requirement, for their designations, and shall not enjoy security of tenure.
Unless otherwise provided in the terms of their designations, volunteers are prohibited from:
(1) Exercising supervisory functions over personnel;
(2) Exercising functions of positions involving national security;
(3) Having access to confidential or classified information unless authorized by proper authorities;
(4) Occupying regular plantilla positions;
(5) Having such services credited as government service and availing themselves of retirements benefits;
(6) Using facilities and resources of the office for partisan political purposes; and
(7) Receiving any pecuniary benefits such as honoraria, allowances and other perquisites of office.

Rule XIII
Amendment

Section 1. The Civil Service Commission may amend or modify these Rules as may be necessary.

Rule XIV
Effectivity

Section 1. These Rules shall take effect thirty (30) days following the completion of their publication in the Official Gazette or in a newspaper of general circulation. Quezon City, April 21,1989.

]]>
Anti-Graft and Corrupt Practices Act – RA 3019 /republic-act-no-3019/ Thu, 08 Apr 2010 16:20:52 +0000 http://www.ncda.gov.ph/?page_id=905 continue reading : Anti-Graft and Corrupt Practices Act – RA 3019 ]]> Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto.

Section 2. Definition of terms. As used in this Act, that term

(a) “Government” includes the national government, the local governments, the government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches.

(b) “Public officer” includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government as defined in the preceding subparagraph.

(c) “Receiving any gift” includes the act of accepting directly or indirectly a gift from a person other than a member of the public officer’s immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive.

(d) “Person” includes natural and juridical persons, unless the context indicates otherwise.

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.

(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.

(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.

(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.

(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group.

Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong.

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.

(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.

The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.

Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The word “close personal relation” shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer.

(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses defined in Section 3 hereof.

Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil degree, of the President of the Philippines, the Vice-President of the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene, directly or indirectly, in any business, transaction, contract or application with the Government: Provided, That this section shall not apply to any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the Government along the same line of business, nor to any transaction, contract or application already existing or pending at the time of such assumption of public office, nor to any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a profession.

Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member of the Congress during the term for which he has been elected, to acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by the Congress during the same term.

The provision of this section shall apply to any other public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution, and acquires or receives any such interest during his incumbency.

It shall likewise be unlawful for such member of Congress or other public officer, who, having such interest prior to the approval of such law or resolution authored or recommended by him, continues for thirty days after such approval to retain such interest.

Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the approval of this Act or after assuming office, and within the month of January of every other year thereafter, as well as upon the expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent office, with the Office of the President, or in the case of members of the Congress and the officials and employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year: Provided, That public officers assuming office less than two months before the end of the calendar year, may file their statements in the following months of January.

Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of Republic Act Numbered One thousand three hundred seventy-nine, a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground for dismissal or removal. Properties in the name of the spouse and unmarried children of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits shall be taken into consideration in the enforcement of this section, notwithstanding any provision of law to the contrary.

Section 9. Penalties for violations. (a) Any public officer or private person committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than one year nor more than ten years, perpetual disqualification from public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and other lawful income.

Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of conviction of the accused, be entitled to recover in the criminal action with priority over the forfeiture in favor of the Government, the amount of money or the thing he may have given to the accused, or the value of such thing.

(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment not exceeding one year, or by both such fine and imprisonment, at the discretion of the Court.

The violation of said section proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted against him.

Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act shall be within the original jurisdiction of the proper Court of First Instance.

Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in ten years.

Section 12. Termination of office. No public officer shall be allowed to resign or retire pending an investigation, criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the provisions of the Revised Penal Code on bribery.

Section 13. Suspension and loss of benefits. Any public officer against whom any criminal prosecution under a valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him.

Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the provisions of this Act.

Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or occupation by any private person or by any public officer who under the law may legitimately practice his profession, trade or occupation, during his incumbency, except where the practice of such profession, trade or occupation involves conspiracy with any other person or public official to commit any of the violations penalized in this Act.

Section 15. Separability clause. If any provision of this Act or the application of such provision to any person or circumstances is declared invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected by such declaration.

Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of determining unexplained wealth, all property acquired by a public officer since he assumed office shall be taken into consideration.

Approved: August 17, 1960

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Making it Punishable for Public Officials and Employees to Receive, and for Private Persons to Give, Gifts on Any Occasion, Including Christmas – Presidential Decree No. 46 /presidential-decree-no-46/ Thu, 08 Apr 2010 16:14:37 +0000 http://www.ncda.gov.ph/?page_id=901 continue reading : Making it Punishable for Public Officials and Employees to Receive, and for Private Persons to Give, Gifts on Any Occasion, Including Christmas – Presidential Decree No. 46 ]]> WHEREAS, under existing laws and the civil service rules, it is prohibited to receive, directly or indirectly, any gift, present or any other form of benefit in the course of official duties;

WHEREAS, it is believed necessary to put more teeth to existing laws and regulations to wipe out all conceivable forms of graft and corruption in the public service, the members of which should not only be honest but above suspicion and reproach; and

WHEREAS, the stoppage of the practice of gift-giving to government men is a concrete step in the administration’s program of reforms for the development of new moral values in the social structure of the country, one of the main objectives of the New Society;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081 dated September 21, 1972, and General Order No. 1 dated September 22, 1972, do hereby make it punishable for any public official or employee, whether of the national or local governments, to receive, directly or indirectly, and for private persons to give, or offer to give, any gift, present or other valuable thing to any occasion, including Christmas, when such gift, present or other valuable thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors or the giver hopes or expects to receive a favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions. Included within the prohibition is the throwing of parties or entertainments in honor of the official or employees or his immediate relatives.

For violation of this Decree, the penalty of imprisonment for not less than one (1) year nor more than five (5) years and perpetual disqualification from public office shall be imposed. The official or employee concerned shall likewise be subject to administrative disciplinary action and, if found guilty, shall be meted out the penalty of suspension or removal, depending on the seriousness of the offense.

Any provision of law, executive order, rule or regulation or circular inconsistent with this Decree is hereby repealed or modified accordingly.

This Decree shall take effect immediately after its publication.

Done in the City of Manila, this 10th day of November, in the year of Our Lord, nineteen hundred and seventy-two.

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Accountability of Public Officers – 1987 Constitution /accountability-of-public-officers/ Thu, 08 Apr 2010 15:52:10 +0000 http://www.ncda.gov.ph/?page_id=895 continue reading : Accountability of Public Officers – 1987 Constitution ]]> THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
Section 1. 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 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.

Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment.

(2) A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution or endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof.

(3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded.

(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.

(5) No impeachment proceedings shall be initiated against the same official more than once within a period of one year.

(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.

(7) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law.

(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section.

Section 4. The present anti-graft court known as the Sandigan bayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law.

Section 5. There is hereby created the independent Office of the Ombudsman, composed of the Ombudsman to be known as Tanod bayan, one overall Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be appointed.

Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by the Ombudsman, according to the Civil Service Law.

Section 7. The existing Tanod bayan shall hereafter be known as the Office of the Special Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be provided by law, except those conferred on the Office of the Ombudsman created under this Constitution.

Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have, for ten years or more, been a judge or engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of Article 1X -A of this Constitution.

Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within three months after they occur.

Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members, respectively, of the Constitutional Commissions, and they shall receive the same salary which shall not be decreased during their term of office.

Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation from office.

Section 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof.

Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties:

(1) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.

(3) Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.

(5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence.

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency.

(8) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law.

Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be automatically and regularly released.

Section 15. The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.

Section 16. No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure.

Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

Section 18. Public officers and employees owe the State and this Constitution allegiance at all times and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.

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Integrity Development Action Plan Backgrounder /integrity-development-action-plan/ Mon, 10 Aug 2009 18:52:47 +0000 http://www.ncda.gov.ph/?page_id=349 continue reading : Integrity Development Action Plan Backgrounder ]]> Background:

The Integrity Development Action Plan (IDAP) is the main output of the 3-day first-ever Presidential Anti-Corruption Workshop (PAW) held from 15 to 17 December 2004 with the theme: Countering Corruption through Integrity Development: A Key to Economic Competitiveness. It has been adopted as the national anti-corruption framework of the executive branch and the cabinet members, through Sec. Alberto Romulo, committed before Her Excellency President Gloria Macapagal-Arroyo, representatives of international donor groups and other stakeholders, to adopt and fully support the IDAP, which in effect is PGMA’s program of countering corruption through integrity development and good governance.

The IDAP is composed of 22 specific anticorruption measures, also referred to as doables, which embody the multi-pronged strategy in fighting corruption which includes:

Prevention – systems reform to minimize opportunities for graft and corruption;

Education – includes values formation, educating public servants on the dos and don’ts of public service and advocacy to fight the negative perception of the public;

Investigation and Enforcement (Deterrence) -making corruption a high-risk, low reward activity by establishing an effective system to encourage public support, quick response, effective prosecution and disciplinary action, professionalism, and publicity in successful cases; and

A· Strategic Partnership – enjoining the support of the public in the fight against graft and corruption

Section 2(g) of Executive Order No. 531, re:  Strengthening the Presidential Anti-Graft Commission by Amending Executive Order No. 12 Series of 2001 mandated PAGC to ensure the implementation of the IDAP or the national anti-corruption plan, to wit, : The Commission shall have the mandate to formulate national anti-corruption plans and strategies pursuant to the Medium Term Philippine Development Plan of the Arroyo administration, and cause the efficient and effective implementation of such plans and strategies.

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