Political Law and Public International Law:

Law on Public Officers – Disabilities and Inhibitions of Public Officers

I. Introduction to Law on Public Officers

Public office is a public trust. Public officers are persons entrusted with the exercise of functions in government to promote public interest, honesty, and efficiency. In exchange for their appointment or election, public officers assume responsibilities and certain ethical duties that differentiate them from private individuals. Part of these responsibilities involves adhering to the legal framework governing their conduct, including the imposition of certain disabilities and inhibitions.

II. Constitutional and Statutory Framework

The 1987 Philippine Constitution, various statutes, and administrative regulations provide the legal framework for public officers, specifying the boundaries of their actions, including what they can or cannot do, as well as what actions would amount to conflict of interest. The primary constitutional principles on the matter can be found in:

Article XI, Section 1 of the 1987 Constitution: “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.”
Article IX-B, Section 2: The Civil Service Commission is tasked with overseeing the conduct of public officers.
Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees): This law sets the ethical guidelines and norms for public officers and employees, identifying prohibitions, duties, and responsibilities, including the disabilities and inhibitions to avoid conflicts of interest.

III. General Principles on Disabilities and Inhibitions of Public Officers

Public Office is Not a Right, But a Privilege: Public office is granted based on trust. Public officers are held to higher ethical standards. As such, they are subject to certain disabilities that ordinary citizens are not, due to the nature of their duties.
Accountability: Public officers must, at all times, be accountable to the public. This principle underlies the imposition of inhibitions to prevent any appearance of impropriety.
Conflict of Interest: One of the most significant areas of concern is a conflict of interest, where a public officer’s personal interest conflicts with the interest of the public they serve. The law aims to prevent such situations.
Impartiality and Integrity: The law prohibits public officers from engaging in activities that may compromise their impartiality or integrity.

IV. Specific Disabilities and Inhibitions of Public Officers

The specific disabilities and inhibitions on public officers are designed to prevent corruption, conflicts of interest, and other actions detrimental to the public interest. They are derived from constitutional provisions, statutory laws, and administrative regulations.

1. Prohibition on Financial Interest in Government Contracts

Section 7, Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) prohibits public officers from having direct or indirect financial interests in government contracts. This includes bidding, procurement, and execution of public contracts. The goal is to prevent public officials from using their office to gain an unfair advantage in transactions with the government.
Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) also makes it unlawful for public officers to benefit from government contracts. Specifically, it penalizes public officers who have a direct or indirect interest in any business, transaction, or contract with the government that their office oversees.

2. Prohibition on Holding Multiple Positions

Prohibition on Holding Two Government Positions: Section 13, Article VII of the 1987 Constitution prohibits public officers from holding multiple public offices or employment simultaneously, unless authorized by law or the primary function of their office.
- Exception for Cabinet Members: Cabinet members may be designated to other positions in the government as long as it is directly related to their primary function.
- Dual Compensation: Section 8 of Republic Act No. 6713 prohibits receiving compensation for more than one public position, unless otherwise allowed by law.

3. Prohibition on Nepotism

Nepotism Rule: Nepotism is prohibited under Executive Order No. 292 (Administrative Code of 1987). This applies to appointments in public offices, prohibiting public officers from appointing their relatives within the third degree of consanguinity or affinity to positions in their office or department.

4. Prohibition on Accepting Gifts or Gratuities

Republic Act No. 6713 prohibits public officers from soliciting or accepting gifts, gratuities, favors, or anything of monetary value in connection with any contract, transaction, or official duty from persons or entities that deal with their office.
Public officers must avoid creating the impression that they can be influenced by gifts or gratuities.

5. Prohibition on Outside Employment or Business Engagement

Prohibition on Employment in Private Enterprises: Public officers, especially those in sensitive positions, are prohibited from engaging in private practice or business activities that conflict with their public duties.
Moonlighting Prohibition: Section 7(b)(2) of Republic Act No. 6713 bars public officers from accepting employment outside of their official duties that may interfere with the performance of their duties or create a conflict of interest.

6. Restrictions on Post-Employment Activities

One-Year Prohibition on Certain Post-Employment Engagements: Section 7(b)(3) of Republic Act No. 6713 prohibits former public officers, for a period of one year, from practicing their profession or engaging in any business related to their former office or from appearing before any court or administrative office in connection with any matter they were previously involved in.
Anti-Graft and Corrupt Practices Act (RA 3019) also imposes restrictions on former public officers from working with or benefiting from enterprises related to the duties they exercised in their public office.

7. Prohibition on Foreign Citizenship or Allegiance

Article XI, Section 5 of the 1987 Constitution prohibits public officers and employees from holding foreign citizenship or showing allegiance to a foreign state while in office. This includes dual citizenship unless they have renounced their foreign citizenship.

8. Inhibition from Political Activities

Civil Service Laws: Public officers, except for those holding political offices (such as elected officials), are prohibited from engaging in partisan political activities under the Civil Service Law. This prohibition ensures that public officers perform their functions impartially without engaging in political campaigns or similar activities.
Prohibition on Running for Office: Appointive public officers must resign from their position if they wish to run for elective office. This is intended to avoid a conflict of interest or misuse of public resources during campaigns.

9. Prohibition on Abuse of Office

Section 3(e), Republic Act No. 3019 penalizes public officers who cause undue injury to any party, including the government, through evident bad faith, manifest partiality, or gross inexcusable negligence.
Section 3(f), RA 3019 penalizes those who neglect their duty for the benefit of another party.

10. Disability Due to Conviction of a Crime

Public officers convicted of crimes involving moral turpitude, graft and corruption, or those punishable by more than six years of imprisonment are disqualified from holding public office.
Under the Revised Penal Code, certain penalties may result in perpetual or temporary absolute disqualification from holding public office, such as in cases of treason, rebellion, or sedition.

V. Remedies for Violations of Disabilities and Inhibitions

Disciplinary Action and Removal from Office: Violations of the restrictions may subject a public officer to disciplinary actions, including suspension, dismissal, or even disqualification from future public service.
Criminal and Administrative Sanctions: Public officers found to have breached any of the prohibitions may face criminal charges (e.g., under the Anti-Graft and Corrupt Practices Act) or administrative penalties, depending on the gravity of the offense.
Civil Liability: In some cases, public officers who violate prohibitions may be liable for damages in civil proceedings.

VI. Conclusion

The disabilities and inhibitions imposed on public officers are essential to ensuring ethical governance, preventing corruption, and fostering trust in the public sector. By enforcing these limitations, the law upholds the principle that public office is a public trust, and it promotes accountability and integrity in the performance of official functions.