Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. No. 6713)

R.A. No. 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees, was enacted to promote a high standard of ethics in public service. It establishes the norms of conduct, ethical guidelines, duties, and responsibilities of public officials and employees. Below is a detailed breakdown of its provisions:

1. Declaration of Policies (Section 2)

The law promotes:

A high standard of ethics and accountability among public officials and employees.
Transparency and responsiveness in public service.
Public trust and confidence in government institutions.

Public officials and employees are expected to uphold public interest over personal interest.

2. Coverage (Section 3)

This Act applies to all public officials and employees, including:

Elected and appointed officials.
Permanent and temporary employees in government-owned or -controlled corporations (GOCCs) and their subsidiaries.

3. Norms of Conduct (Section 4)

Public officials and employees must observe the following ethical standards:

a. Commitment to Public Interest

Uphold public interest over personal interest.
Avoid wasting resources and ensure efficient service delivery.

b. Professionalism

Perform duties with utmost devotion and excellence.
Encourage continuous improvement and innovation in public service.

c. Justness and Sincerity

Provide services to everyone without discrimination.
Extend assistance promptly and effectively.

d. Political Neutrality

Ensure that performance of duties is not influenced by political affiliations or preferences.

e. Responsiveness to the Public

Provide accessible and courteous services to the public.

f. Nationalism and Patriotism

Commit to the development and advancement of the country.

g. Commitment to Democracy

Respect the will of the people and uphold democratic principles.

h. Simple Living

Lead modest lives and avoid ostentatious displays of wealth.

4. Duties of Public Officials and Employees (Section 5)

Public officials and employees have the following duties:

Act promptly on public transactions and official requests.
Submit accurate and timely reports as required.
Process documents efficiently and with proper regard for time.
Act immediately on matters of public concern.

5. Prohibited Acts and Transactions (Section 7)

Public officials and employees are prohibited from engaging in the following:

Financial and material interest: Avoid engaging in financial transactions that conflict with public duties.
Outside employment: Do not engage in outside work that conflicts with public service responsibilities.
Disclosure and misuse of confidential information: Avoid using or disclosing confidential information for personal gain.
Solicitation or acceptance of gifts: Refrain from soliciting or accepting gifts, favors, or benefits from parties dealing with the government.

6. Statements and Disclosure Requirements (Section 8)

All public officials and employees must file the following:

a. Statement of Assets, Liabilities, and Net Worth (SALN)

Must include a true, detailed, and sworn statement of:
- Real and personal properties.
- Liabilities.
- Financial and business interests.

b. Disclosure of Business Interests and Financial Connections

Include information on business associations and financial interests.

These disclosures must be filed:

Within 30 days of assuming office.
Annually on or before April 30.
Within 30 days after leaving office.

7. Divestment (Section 9)

Public officials and employees must divest themselves of any business interests or financial connections that conflict with public duties:

Within 60 days from assuming office.
By selling or transferring interests to qualified individuals not related within the fourth degree of consanguinity or affinity.

8. Penalties (Section 11)

Violations of R.A. No. 6713 are punishable by:

Imprisonment: Not exceeding 5 years.
Fine: Not exceeding PHP 5,000.
Dismissal from service: Includes disqualification from future public office.

9. Role of Agencies

a. Civil Service Commission (CSC)

Ensures compliance with ethical standards.
Monitors the implementation of R.A. No. 6713.

b. Office of the Ombudsman

Investigates and prosecutes violations.
Conducts administrative and criminal proceedings.

10. Implementing Rules and Regulations (IRR)

The CSC and the Ombudsman jointly issue the IRR to guide implementation.
Agencies are required to establish their own Code of Conduct to align with R.A. No. 6713.

11. Key Jurisprudence

Several court decisions emphasize the importance of strict compliance with R.A. No. 6713:

Carabeo v. Court of Appeals (G.R. No. 162827): Emphasized the importance of filing SALNs as a tool for transparency.
Ombudsman v. Valera (G.R. No. 203351): Highlighted the penalties for failure to disclose assets accurately.
Funa v. Villar (G.R. No. 192791): Addressed the prohibition against conflicting financial interests.

12. Significance of R.A. No. 6713

This law ensures:

Ethical governance.
Accountability of public servants.
Maintenance of public trust in government institutions.

Practical Notes for Compliance

Public officials and employees should prioritize regular training on the norms and requirements under R.A. No. 6713.
Ensure meticulous preparation and submission of the SALN.
Avoid any appearance of impropriety or conflict of interest in all dealings.

This comprehensive understanding of R.A. No. 6713 is essential for ensuring ethical and accountable public service in the Philippines.