CODE OF CONDUCT & ETHICAL STANDARDS

IN GOVERNMENT SERVICE

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, uphold public interest over personal interest (Sec. 2, RA
6713).

Republic Act No. 6713 (February 20, 1989)

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL

STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD
THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC
TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY
SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR
OTHER PURPOSES

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every

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

(a) Commitment to public interest. - Public officials and

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

(b) Professionalism. - Public officials and employees shall

perform and discharge their duties with the highest degree
of excellence, professionalism, intelligence and skill. They
shall enter public service with utmost devotion and
dedication to duty. They shall endeavor to discourage
wrong perceptions of their roles as dispensers or peddlers
of undue patronage.

(c) Justness and sincerity. - Public officials and employees

shall remain true to the people at all times. They must act
with justness and sincerity and shall not discriminate
against anyone, especially the poor and the
underprivileged. They shall at all times respect the rights
of others, and shall refrain from doing acts contrary to law,
good morals, good customs, public policy, public order,
public safety and public interest. 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. - Public officials and employees
shall provide service to everyone without unfair
discrimination and regardless of party affiliation or
preference.

(e) Responsiveness to the public. - Public officials and

employees shall extend prompt, courteous, and adequate
service to the public. Unless otherwise provided by law or
when required by the public interest, public officials and
employees shall provide information of their policies and
procedures in clear and understandable language, ensure
openness of information, public consultations and hearings
whenever appropriate, encourage suggestions, simplify
and systematize policy, rules and procedures, avoid red
tape and develop an understanding and appreciation of the
socio-economic conditions prevailing in the country,
especially in the depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and

employees shall at all times be loyal to the Republic and to
the Filipino people, promote the use of locally produced
goods, resources and technology and encourage
appreciation and pride of country and people. They shall
endeavor to maintain and defend Philippine sovereignty
against foreign intrusion.

(g) Commitment to democracy. - Public officials and

employees shall commit themselves to the democratic way
of life and values, maintain the principle of public
accountability, and manifest by deeds the supremacy of
civilian authority over the military. They shall at all times
uphold the Constitution and put loyalty to country above
loyalty to persons or party.

(h) Simple living. - Public 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.

(B) The Civil Service Commission shall adopt positive measures

to promote (1) observance of these standards including the
dissemination of information programs and workshops
authorizing merit increases beyond regular progression steps, to
a limited number of employees recognized by their office
colleagues to be outstanding in their observance of ethical
standards; and (2) continuing research and experimentation on
measures which provide positive motivation to public officials
and employees in raising the general level of observance of
these standards.

Section 5. Duties of Public Officials and Employees. - In the performance of

their duties, all public officials and employees are under obligation
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(a) Act promptly on letters and requests. - All public officials and
employees shall, within fifteen (15) working days from receipt
 thereof, respond to letters, telegrams or other means of
communications sent by the public. The reply must contain the
action taken on the request.

(b) Submit annual performance reports. - All heads or other

responsible officers of offices and agencies of the government
and of government-owned or controlled corporations shall, within
forty-five (45) working days from the end of the year, render a
performance report of the agency or office or corporation
concerned. Such report shall be open and available to the public
within regular office hours.

(c) Process documents and papers expeditiously. - All official

papers and documents must be processed and completed within
a reasonable time from the preparation thereof and must
contain, as far as practicable, not more than three (3)
signatories therein. In the absence of duly authorized
signatories, the official next-in-rank or officer in charge shall sign
for and in their behalf.

(d) Act immediately on the public's personal transactions. - All

public officials and employees must attend to anyone who wants
to avail himself of the services of their offices and must, at all
times, act promptly and expeditiously.

(e) Make documents accessible to the public. - All public

documents must be made accessible to, and readily available for
inspection by, the public within reasonable working hours.

Section 6. System of Incentives and Rewards. - A system of annual

incentives and rewards is hereby established in order to motivate and inspire
public servants to uphold the highest standards of ethics. For this purpose, a
Committee on Awards to Outstanding Public Officials and Employees is
hereby created composed of the following: the Ombudsman and Chairman of
the Civil Service Commission as Co-Chairmen, and the Chairman of the
Commission on Audit, and two government employees to be appointed by
the President, as members.

It shall be the task of this Committee to conduct a periodic, continuing

review of the performance of public officials and employees, in all the
branches and agencies of Government and establish a system of annual
incentives and rewards to the end that due recognition is given to public
officials and employees of outstanding merit on the basis of the standards
set forth in this Act.

The conferment of awards shall take into account, among other things, the
following: the years of service and the quality and consistency of
performance, the obscurity of the position, the level of salary, the unique
and exemplary quality of a certain achievement, and the risks or
temptations inherent in the work. Incentives and rewards to government
officials and employees of the year to be announced in public ceremonies
honoring them may take the form of bonuses, citations, directorships in
government-owned or controlled corporations, local and foreign scholarship
grants, paid vacations and the like. They shall likewise be automatically
promoted to the next higher position with the commensurate salary suitable
to their qualifications. In case there is no next higher position or it is not
vacant, said position shall be included in the budget of the office in the next
General Appropriations Act. The Committee on Awards shall adopt its own
rules to govern the conduct of its activities.

Section 7. Prohibited Acts and Transactions. - In addition to acts and

omissions of public officials and employees now prescribed in the
Constitution and existing laws, the following shall constitute prohibited acts
and transactions of any public official and employee and are hereby declared
to be unlawful:

(a) Financial and material interest. - Public officials and

employees shall not, directly or indirectly, have any financial or
material interest in any transaction requiring the approval of
their office.

(b) Outside employment and other activities related thereto. -

Public officials and employees during their incumbency shall not:

(1) Own, control, manage or accept employment as officer,

employee, consultant, counsel, broker, agent, trustee or
nominee in any private enterprise regulated, supervised or
licensed by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession

unless authorized by the Constitution or law, provided,
that such practice will not conflict or tend to conflict with
their official functions; or

(3) Recommend any person to any position in a private

enterprise which has a regular or pending official
transaction with their office.

These prohibitions shall continue to apply for a period of one (1)

year after resignation, retirement, or separation from public
office, except in the case of subparagraph (b) (2) above, but the
professional concerned cannot practice his profession in
connection with any matter before the office he used to be with,
in which case the one-year prohibition shall likewise apply.

(c) Disclosure and/or misuse of confidential information. - Public

officials and employees shall not use or divulge, confidential or
classified information officially known to them by reason of their
office and not made available to the public, either:

(1) To further their private interests, or give undue

advantage to anyone; or

(2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts. - Public officials and

employees shall not solicit or accept, directly or indirectly, any
gift, gratuity, favor, entertainment, loan or anything of monetary
value from any person in the course of their official duties or in
connection with any operation being regulated by, or any
transaction which may be affected by the functions of their
office.
 As to gifts or grants from foreign governments, the Congress
consents to:

(i) The acceptance and retention by a 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 grants or expenses for travel taking place entirely
outside the Philippine (such as allowances, transportation,
food, and lodging) of more than nominal value if such
acceptance is appropriate or consistent with the interests
of the Philippines, and permitted by the head of office,
branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be

necessary to carry out the purpose of this subsection, including
pertinent reporting and disclosure requirements.

Nothing in this Act shall be construed to restrict or prohibit any

educational, scientific or cultural exchange programs subject to
national security requirements.

Section 8. Statements and Disclosure. - Public officials and employees have

an obligation to accomplish and submit declarations under oath of, and the
public has the right to know, their assets, liabilities, net worth and financial
and business interests including those of their spouses and of unmarried
children under eighteen (18) years of age living in their households.

(A) Statements of Assets and Liabilities and Financial Disclosure.

- All public officials and employees, except those who serve in an
honorary capacity, laborers and casual or temporary workers,
shall file under oath their Statement of Assets, Liabilities and Net
Worth and a Disclosure of Business Interests and Financial
Connections and those of their spouses and unmarried children
under eighteen (18) years of age living in their households.

The two documents 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, stocks, bonds, and the like;

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

 (a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(c) within thirty (30) days after separation from the

service.

All public officials and employees required under this section to

file the aforestated documents shall also execute, within thirty
(30) days from the date of their assumption of office, the
necessary authority in favor of the Ombudsman to obtain from
all 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.

Husband and wife who are both public officials or employees

may file the required statements jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the

Disclosure of Business Interests and Financial Connections shall
be filed by:

(1) Constitutional and national elective 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 all national
executive officials with the Office of the President.

(3) Regional and local officials and employees, 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; and

(5) All other public officials and employees, defined in

Republic Act No. 3019, as amended, with the Civil Service
Commission.

(B) Identification and disclosure of relatives. - It shall be the duty of every

public official or employee to identify and disclose, to the best of his
knowledge and information, his relatives in the Government in the form,
manner and frequency prescribed by the Civil Service Commission.

(C) Accessibility of documents. - (1) Any and all statements filed under this
Act, shall be made available for inspection at reasonable hours.

(2) 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.
 (3) Any person requesting a copy of a statement shall be
required to pay a reasonable fee to cover the cost of
reproduction and mailing of such statement, as well as the cost
of certification.

(4) Any statement filed under this Act shall be available to the
public for a period of ten (10) years after receipt of the
statement. After such period, the statement may be destroyed
unless needed in an ongoing investigation.

(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any
statement filed under this Act for:

(a) any purpose contrary to morals or public policy; or

(b) any commercial purpose other than by news and

communications media for dissemination to the general public.

Section 9. Divestment. - A public official or employee shall avoid conflicts of

interest at all times. When a conflict of interest arises, he shall resign from
his position in any private business enterprise within thirty (30) days from
his assumption of office and/or divest himself of his shareholdings or interest
within sixty (60) days from such assumption.

The same rule shall apply where the public official or employee is a partner
in a partnership.

The requirement of divestment shall not apply to those who serve the
Government in an honorary capacity nor to laborers and casual or temporary
workers.

OTHER PROHIBITIONS/ RESTRICTIONS

No officer or employee in the civil service shall engage, directly or indirectly,

in any electioneering or partisan political campaign (Article IX (B), par. 4 of
the 1987 Constitution)

THE ADMINISTRATIVE CODE OF 1987

Book I
Chapter 9
GENERAL PRINCIPLES GOVERNING PUBLIC OFFICERS

Section 32. Nature of Public Office. - Public office is a public trust. Public
officers and employees must at all times be accountable to the people, serve
them with the utmost responsibility, integrity, loyalty and efficiency, act with
patriotism and justice, and lead modest lives.

Section 33. Policy on Change of Citizenship. - Public officers and employees

owe the Senate and the 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.

Section 34. Declaration of Assets, Liabilities and Net Worth. - 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.

Section 35. Ethics in Government. - All public officers and employees shall
be bound by a Code of Ethics to be promulgated by the Civil Service
Commission.

Section 36. Inhibition Against Purchase of Property at Tax Sale. - No officer

or employee of the government shall purchase directly or indirectly any
property sold by the government for the non-payment of any tax, fee or
other public charge. Any such purchase by an officer or employee shall be
void.

xxx xxx xxx

Section 38. Liability of Superior Officers. -

(1) A public officer shall not be civilly liable for acts done in the
performance of his official duties, unless there is a clear showing of
bad faith, malice or gross negligence.

(2) Any public officer who, without just cause, neglects to perform a
duty within a period fixed by law or regulation, or within a reasonable
period if none is fixed, shall be liable for damages to the private party
concerned without prejudice to such other liability as may be
prescribed by law.

(3) A head of a department or a superior officer shall not be civilly

liable for the wrongful acts, omissions of duty, negligence, or
misfeasance of his subordinates, unless he has actually authorized by
written order the specific act or misconduct complained of.

Section 39. Liability of Subordinate Officers. -No subordinate officer or

employee shall be civilly liable for acts done by him in good faith in the
performance of his duties. However, he shall be liable for willful or negligent
acts done by him which are contrary to law, morals, public policy and good
customs even if he acted under orders or instructions of his superiors.

Book II

CHAPTER 2
LEGISLATIVE POWER

Section 3. Inhibitions Against Members of Congress. -

(1) No Senator or Member of the House of Representatives may hold

any other office or employment in the Government, or any subdivision
agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his term without
forfeiting his seat. Neither shall he be appointed to any office which
may have been created or the emoluments thereof increased during
the term for which he was elected.

(2) No Senator or Member of the House of Representatives may

personally appear as counsel before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other administrative bodies.
 Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by the
Government, or any subdivision, agency or instrumentality thereof
including any government-owned or controlled corporation, or its
subsidiary, during his term of office. He shall not intervene in any
matter before any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his office.

CHAPTER 3
EXECUTIVE POWER

Section 15. Inhibitions Against Executive Officials. - The President, Vice-

President, the Members of the Cabinet, and their deputies or assistants shall
not, unless otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said tenure, directly
or indirectly practice any other profession, participate in any business, or be
financially interested in any contract with, or in any franchise, or special
privilege granted by the Government or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflicts of
interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil
degree of the President shall not during his tenure be appointed as Members
of the Constitutional Commissions, or the Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of bureaus or offices,
including government-owned or controlled corporations and their
subsidiaries.

CHAPTER 4
JUDICIAL POWER

Section 23. Prohibition Against Performing Quasi-Judicial or Administrative

Functions. - The Members of the Supreme Court and of other courts
established by law shall not be designated to any agency performing quasi-
judicial or administrative functions.

CHAPTER 5
CONSTITUTIONAL COMMISSIONS

Section 25. Inhibitions Against Constitutional Commissioners. - No member

of a Constitutional Commission shall, during his tenure, hold any other office
or employment. Neither shall he engage in the practice of any profession or
in the active management or control of any business which in anyway may
be affected by the functions of his office, nor shall he be financially
interested, directly or indirectly, in any contract with, or in any franchise or
privilege granted by the Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or
their subsidiaries.

CHAPTER 10
APPOINTMENTS AND QUALIFICATIONS

Section 48. Disqualification of the spouse and relatives of the President. -

The spouse and relatives by consanguinity or affinity within the fourth civil
degree of the President shall not during his tenure be appointed as
Secretaries, Undersecretaries, Chairmen or heads of bureaus or offices
including government-owned or controlled corporations and their
subsidiaries.

Section 49. Inhibitions Against Holding More than Two Positions. - Even, if
allowed by law or by the primary functions of his position, a member of the
Cabinet, undersecretary, assistant secretary or other appointive official of
the Executive Department may, in addition to his primary position, hold not
more than two positions in the government and government-owned
corporations and receive the corresponding compensation therefor:
Provided, that this limitation shall not apply to ad hoc bodies or committees,
or to boards, councils or bodies of which the President is the Chairman.

If a Secretary, Undersecretary, Assistant Secretary or other appointive

official of the Executive Department holds more positions than what is
allowed in the preceding paragraph, he must relinquish the excess positions
in favor of a subordinate official who is next in rank, but in no case shall any
official hold more than two positions other than his primary

PROHIBITIONS UNDER RA 7160

(LOCAL GOVERNMENT CODE OF 1991)

SECTION 90. Practice of Profession. – (a) All governors, city and municipal mayors are
prohibited from practicing their profession or engaging in any occupation other than the exercise
of their functions as local chief executives.

(b) Sanggunian members may practice their professions, engage in any occupation, or teach in
schools except during session hours: Provided, That sanggunian members who are also members
of the Bar shall not:

(1) Appear as counsel before any court in any civil case wherein a local government unit or any
office, agency, or instrumentality of the government is the adverse party;

(2) Appear as counsel in any criminal case wherein an officer or employee of the national or
local government is accused of an offense committed in relation to his office.

(3) Collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official; and

(4) Use property and personnel of the government except when the sanggunian member
concerned is defending the interest of the government.

(c) Doctors of medicine may practice their profession even during official hours of work only on
occasions of emergency: Provided, That the officials concerned do not derive monetary
compensation therefrom.

SECTION 91. Statement of Assets and Liabilities. – (a) Officials and employees of local
government units shall file sworn statements of assets, liabilities and net worth, lists of relatives
within the fourth civil degree of consanguinity or affinity in government service, financial and
business interests, and personnel data sheets as required by law.

xxx xxx xxx

SECTION 93. Partisan Political Activity. – No local official or employee in the career civil
service shall engage directly or indirectly in any partisan political activity or take part in any
election, initiative, referendum, plebiscite, or recall, except to vote, nor shall he use his official
authority or influence to cause the performance of any political activity by any person or body.
He may, however, express his views on current issues, or mention the names of certain
candidates for public office whom he supports. Elective local officials may take part in partisan
political and electoral activities, but it shall be unlawful for them to solicit contributions from
their subordinates or subject these subordinates to any of the prohibited acts under the Omnibus
Election Code.

SECTION 94. Appointment of Elective and Appointive Local Officials; Candidates Who
Lost in an Election. – (a) No elective or appointive local official shall be eligible for
appointment or designation in any capacity to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no elective or
appointive local official shall hold any other office or employment in the government or any
subdivision, agency or instrumentality thereof, including government-owned or -controlled
corporations or their subsidiaries;

(b) Except for losing candidates in barangay elections, no candidate who lost in any election
shall, within one (1) year after such election, be appointed to any office in the government or any
government-owned or -controlled corporations or in any of their subsidiaries.

SECTION 95. Additional or Double Compensation. – No elective or appointive local official

or employee shall receive additional, double, or indirect compensation, unless specifically
authorized by law, nor accept without the consent of Congress, any present, emoluments, office,
or title of any kind from any foreign government. Pensions or gratuities shall not be considered
as additional, double, or indirect compensation.

Cases:
1. Medilo v. Asodisen, 233 SCRA 68 (1994)
2. Policarpio v. Fortus, 248 SCRA 272 (1995)
3. Villanueva v. People G.R. No. 237738 (June 10, 2019)
4. Winston Garcia v. Mario Molina, G.R. No. 165223, Jan. 11, 2016
5. The Provincial Govt. of Camarines Norte v. Gonzales, G.R. No.
185740, July 23, 2013
6. Divinagracia v. Santo Tomas, 244 SCRA 595 (1995)
7. Palmera v. CSC, 235 SCRA 87 (1994)
8. Echece v. CA, 198 SCRA 577, 582 (1991)
9. GSIS v. CA, 201 SCRA 661 (1991)
10 Civil Aeronautics Admin. V. IAC, 213 SCRA 277 (1992)