AFPSAT General Information — RA 6713 — Code of Ethics for Public OfficialsStudy Notes

RA 6713 was enacted to promote high ethical standards in public service. The law applies to all government personnel, from the highest officials to regular employees. Key definitions include: (1) Government - includes national government, local governments, and all instrumentalities, agencies, or branches of the Republic of the Philippines, including government-owned or controlled corporations; (2) Public Officials - includes ALL elective and appointive officials and employees, permanent or temporary, whether in career or non-career service, including military and police personnel, regardless of compensation; (3) Gift - refers to anything given gratuitously, including simulated sales or ostensibly onerous dispositions; (4) Family - refers to spouses and unmarried children under 18 years of age; (5) Relatives - refers to persons related within the fourth civil degree of consanguinity or affinity; (6) Conflict of Interest - arises when a public official has interests that may oppose or be affected by faithful performance of official duty.

Section 4 establishes eight fundamental norms that all public officials and employees must observe: (1) Commitment to Public Interest - Always uphold public interest over personal interest, use government resources efficiently and honestly; (2) Professionalism - Perform duties with excellence, intelligence, and skill, enter service with devotion and dedication; (3) Justness and Sincerity - Remain true to the people, act fairly without discrimination, especially toward the poor and underprivileged; (4) Political Neutrality - Provide service without unfair discrimination regardless of party affiliation; (5) Responsiveness to the Public - Extend prompt, courteous, and adequate service, provide clear information, avoid red tape; (6) Nationalism and Patriotism - Be loyal to the Republic and Filipino people, promote local products and technology; (7) Commitment to Democracy - Uphold democratic values, maintain public accountability, support civilian authority over military; (8) Simple Living - Lead modest lives appropriate to position and income, avoid extravagant displays of wealth.

Section 5 outlines five specific duties: (1) Act Promptly on Letters and Requests - Respond within 15 working days, reply must contain action taken; (2) Submit Annual Performance Reports - Agency heads must render performance reports within 45 working days from year-end, reports must be available to public; (3) Process Documents Expeditiously - Complete documents within reasonable time, limit to maximum of 3 signatories; (4) Act Immediately on Personal Transactions - Attend to anyone seeking services, act promptly and expeditiously; (5) Make Documents Accessible - Public documents must be accessible and available for inspection during working hours. These duties ensure transparency, accountability, and efficient public service delivery.

Section 7 lists four major categories of prohibited acts: (1) Financial and Material Interest - Officials cannot have financial interest in transactions requiring their office's approval; (2) Outside Employment Restrictions - Cannot own, control, or work for private enterprises regulated by their office, cannot engage in private practice unless authorized, cannot recommend persons to private enterprises with official transactions; (3) Confidential Information Misuse - Cannot use or divulge confidential information for private gain or to prejudice public interest; (4) Gifts and Entertainment - Cannot solicit or accept gifts, gratuities, favors, entertainment, loans, or anything of monetary value related to official duties. However, exceptions exist for gifts from foreign governments including nominal souvenirs, scholarships, medical treatment, and travel grants with proper authorization.

Section 8 requires public officials to file SALN and disclosure documents containing information about real property, personal property, investments, cash, stocks, bonds, liabilities, and business interests of themselves, spouses, and unmarried children under 18. Filing requirements: (1) Within 30 days after assumption of office; (2) On or before April 30 of every year; (3) Within 30 days after separation from service. Different officials file with different offices: Constitutional and national elective officials with Ombudsman; Senators and Congressmen with respective Secretaries; Justices with Supreme Court Clerk; Regional and local officials with Deputy Ombudsman; Military officers (Colonel/Naval Captain and above) with Office of the President; Others with Civil Service Commission. Documents are accessible to public for inspection and copying (with fees) and are kept for 10 years.

Section 6 establishes a system of annual incentives and rewards to motivate public servants to maintain high ethical standards. A Committee on Awards composed of the Ombudsman and CSC Chairman as Co-Chairmen, plus the COA Chairman and two presidential appointees, conducts periodic reviews and establishes the reward system. Award criteria include years of service, quality and consistency of performance, position obscurity, salary level, unique achievements, and work-related risks or temptations. The Civil Service Commission promotes observance through information programs, workshops, and merit increases for outstanding employees recognized by colleagues.

Section 9 requires public officials to avoid conflicts of interest at all times. When conflicts arise, officials must resign from private business positions within 30 days of assumption of office and divest shareholdings or interests within 60 days. This ensures that personal business interests do not compromise official duties. The law also addresses identification and disclosure of relatives in government, requiring officials to identify family members working in government positions to prevent nepotism and ensure transparency in appointments and assignments.