Code of Conduct and Ethical Standards for Public Officials

ETHICS “Is deciding what is RIGHT and doing it” ETHICS is equated with: * Good Governance: It requires us to decide what is good. * Public Service Ethics: Requires us to give quality service to the public. * Standards, Rules, Morals – ETHICS is the “science of human duty”. ETHICS OF GOVERNANCE Good Governance is characterized with: * Accountability * Transparency * Participation * Non-Discrimination * Responsiveness * Poverty Alleviation (According to UNDP as cited by Carino) * Participation * Rule of Law * Transparency * Responsiveness * Consensus Orientation * Equity * Effectiveness and Efficiency * Accountability

Ethical Bases * RULES * RESULTS * RELATIONSHIPS * TRADITION RULES as an Ethical Basis – We believe in them as coming by divine revelation. – With authority or of our community. The utilitarian principle focuses our attention on results or the consequences of our actions. It has been expressed traditionally as “Seeking the Greatest Good for the Greatest Number” RELATIONSHIPS as an Ethical Basis Confucius’ “Golden Rule” of caring: “Do not do to others what you would not have them do to you”. Jesus Christ’s expression of LOVE: “In everything, do to others as you would have them do to you”. TRADITION as an Ethical Basis

Traditional Ethics – the ethics of earlier generations that is based on tradition. It is right to act in certain way because that is what it has always been done. RULES as an Ethical Basis * Section 1, Article XI, 1987 Constitution – Public Office is a Public Trust. Public Officials and employees must at all times serve the people with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives. ” * Section 28, Article II, 1987 Constitution – The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

RA 3019 “Anti-Graft and Corrupt Practices Act” (Anti-Graft Law) Enacted in 1861 Graft is defined as “the acquisition of gain or advantage by dishonest, unfair or sordid means, especially through the use of one’s position or influence in politics, business, etc. ” (People vs. Bernales, September 3, 1968) Graft and corruption is an act or omission involving breach of the rules of decency, honesty and efficiency, for the purpose of obtaining undue advantage at the expense of the government-owned resources. In our legal system, graft and corruption is basically a crime. BALDRIAS, Napoleon S. The Legal Implications of Graft and Corruption” Corruption is “an act done with an intent to give some advantage inconsistent with official duty and the rights of others. It includes bribery, but it is more comprehensive, because an act may be corruptly done through the advantage to be delivered from it be not offered by another. ” (Magallanes vs. Provincial Board, 66 O. G. 7839) Corruption is the perversion or destruction of integrity of fidelity in discharging public duties and responsibilities by bribery or favor. It entails the use of public power for private advantage in ways which transgresses some formal rule of law. Tendero) RA 6713 “Code of Conduct and Ethical Standards for Public Officials and Employees” signed into law by then President Corazon C. Aquino on February 20, 1989 RA 6713 Rule X. Grounds For Administrative Disciplinary Action Directly or indirectly having financial and material interest in any transaction requiring the approval of his office. 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.

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 officials functions. Recommending any person to any position in a private enterprise which has a regular or pending official transaction with his office. 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 function of his office.

Unfair discrimination in rendering public service due to party affiliation. Disloyalty to the Republic of the Philippines and to the Filipino people. Failure to act promptly on letters and requests within 15 working days from receipt, except as otherwise provided in these Rules. 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. Failure to file sworn statements of assets, liabilities and networth, and disclosure of business interests and financial connections.

RA 9485 “Anti-Red Tape Act of 2007” signed into law by Pres. Gloria Macapagal-Arroyo on June 02, 2007 Violations Refusal to accept application and/or request within the prescribed period or any document being submitted by a client. Failure to act on an application and/or request or failure to refer back to the client a request which cannot be acted upon due to lack of requirement/s within the prescribed period. Failure to attend to clients who are within the premises of the office or agency concerned prior to the end of official working hours and during lunch break.

Failure to render frontline services within the prescribed period on any application and/or request without due cause. Failure to give the client a written notice on the disapproval of an application or requests. Imposition of additional irrelevant requirements other listed in the first notice. Grave Offense Fixing and/or collusion with fixers in consideration of economic and/or other gain or advantage. Rule X. Grounds For Administrative Disciplinary Action * Directly or indirectly having financial and material interest in any transaction requiring the approval of his office.

RED TAPE Inaction/No Action Slow Action Inappropriate/Wrong Action Inadequate/Insufficient Action Services that are: Not delivered Mis delivered * Under delivered * Poorly delivered UNLAWFUL ACTS RA 3019 * Graft and Corruption * Malversation RA 6713 * Pecuniary interest * Conflict of interest * Nepotism * Not all things that are Legal are Moral ! * UNETHICAL BEHAVIOR is not necessarily illegal but nevertheless is contrary to what is RIGHT and doing WHAT IS NOT RIGHT. * Unethical Behavior * Yields Adverse Results * Violates the Norms of Relationships and Traditions Disservice to the Government and the People * Bad Image of the Government DI BAWAL, PERO DI DAPAT! PADRINO SYSTEM KAMAG-ANAK SYSTEM WASTAGE OF OFFICE SUPPLIES AND EQUIPMENT Engaging in group discussion while clients are kept waiting Telebabad Too Much Texting During Office Hours Reading newspaper during office hours LOAFING Improper or Inappropriate Attire CLOCK-WATCHING EXTENDED BREAK GOING OUT OF THE OFFICE WITHOUT PERMISSION Dehumanizing Situations Rob a person of his/her dignity. Diminish his/her worth as a person. Destroy his/her total being. It’s the CHOICES that make us who we are. And we can always choose to do what’s right. ” – Peter Parker “Spiderman 3” Every officials of the government, even the most modest, has a job to perform and is as much in duty bound to perform that job well as those occupying higher positions. In our effort to give the people the best government that there is, we have to have everybody do his job, including the Clerk, the policeman – everybody in the service. Everyone of them should do his best because a government cannot be a government of higher officials only. Pres. Manuel L. Quezon