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CODE OF CONDUCT AND DISABILITIES

The Constitution mandates ALL public officers and employees to serve with RESPONSIBILITY,
INTEGRITY AND EFFICIENCY. As recipients of public trust, they are enjoined to demonstrate
courtesy, civility and self-restraint in their actuations to the public.

The Code of Conduct and Ethical Standards for Public Officials and Employees mandates that public
officials and employees use the power of their office efficiently, effectively and honestly, and avoid
wrong perceptions of their roles as peddlers of undue patronage to the end that the time honored
principle that public office is a public trust is forever upheld. In this context, the Code forbids public
officials or employees from directly or indirectly having any FINANCIAL OR MATERIAL interest in
any transaction requiring the approval of their office, or soliciting or accepting, 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.

Government service is people oriented where high-strung 1and belligerent2 behavior CANNOT be
allowed.

NORMS OF CONDUCT, GENERALLY

Sec. 4 Norms of Conduct of Public Officials and Employees.

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

a) COMMITMENT TO PUBLIC INTEREST – Public officials and employees shall always


UPHOLD THE PUBLIC INTEREST over the personal interest.

b) PROFESSIONALISM – Public officials and employees shall perform and discharge their duties
with the HIGHEST DEGREE OF EXCELLENCE, PROFESSIONALISM, INTELLIGENCE
AND SKILL. Enter public service with UTMOST DEVOTION AND DEDICATION to duty.

c) JUSTNESS AND SINCERITY – Public officials and employees SHALL REMAIN TRUE TO
THE PEOPLE AT ALL TIMES. 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. SHALL NOT – dispense or extend UNDUE FAVORS om account of their
office to their relatives whether by consanguitnity or affinity EXCEPT with respect to
appointments of such relatives to positions considered STRICTLY CONFIDENTIAL OR AS
MEMBERS OF THEIR PERSONAL STAFF WHOSE TERM IS COTERMINOUS WITH
THEIRS.

d) POLITICAL NEUTRALITY – shall provide service to everyone WITHOUT UNFAIR


DISCRIMINATION and REGARDLESS OF PARTY AFFILIATION or PREFERENCE.

e) RESPONSIVENESS TO THE PUBLIC – shall extend prompt, courteous and adequate service
tot he public. Unless otherwise provided by law or by virtue of public interest – they shall
1 High-strung: having an extremely nervous or sensitive temperament
2 Belligerent: inclined to or exhibiting assertiveness, hostility, or combativeness
provide information on their policies and procedures in clear and understandable language,
ensure openness of information, public consultation and hearings whenever appropriate etc.

f) NATIONALISM AND PATRIOTISM – shall AT ALL TIMES be LOYAL TO THE REPUBLIV


AND FILIPINO PEOPLE, promote use of locally produced goods, resources and technology
and encourage appreciation and pride of country and people.

g) COMMITMENT TO DEMOCRACY – 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. UPHOLD at all times
the CONSTITUTION put loyalty to country above loyalty to persons or parties.

h) SIMPLE LIVING – shall lead MODEST LIVES appropriate to their positions and income.
They shall not indulge in extravagant or ostentatious display of wealth in any form.

6.158. - PREVENTIVE SUSPENSION

Provincial governor – has the power to preventively suspend a MUNICIPAL MAYOR in an


administrative case filed against him after the issues have been joined and on any of the following
grounds:

1. When there is a reasonable ground to believe that the respondent has committed the act or acts
complained of;
2. When the evidence of culpability is strong;
3. When the gravity of offense so warrants;
4. When the continuance in office of the respondents could influence the witness or pose a threat
to the safety and integrity of the records and other evidence.

There is nothing improper in suspending an officer before the charges against him are hard and before
he is given an opportunity to prove his innocence. Preventive suspension is allowed so that the
respondent may not hamper the normal course of the investigation through the use of his
influence and authority over possible witnesses.

Where a local elective official believes that his preventive suspension is UNJUSTIFIED, he should as a
general rule, exhaust administrative remedies first before recourse to courts is taken, otherwise
his action is premature and the refusal of the court to dismiss it may constitute grave abuse of
discretion.

6.159 – DECISIONS ON DISCIPLINARY ACTIONS

Section 66 of LGC - “investigation of the case shall be TERMINATED WITHIN 90 DAYS from the
START thereof. Within 30 days after the end of the investigation, the Office of the President or the
sanggunian concerned shall render a decision in writing stating clearly and distinctly the facts and the
reasons for such decision. Copies of said decision shall immediately be furnished the respondent and all
interested parties”. A DECISION SIGNED BY ONLY ONE OF THE MEMBERS OF THE
SANGGUNIAN IS NOT A VALID DECISION.

6.160 – PENALTY OF SUSPENSION NOT TO EXCEED 6 MONTHS


Section 66 (b) of the LGC - “penalty of suspension shall not exceed the unexpired term of the
respondent or a period of 6 months for every administrative offense, nor shall said penalty be a bar to
the candidacy of the respondent so suspended as long as he meets the qualifications for the office.

6.161. EFFECTS OF ELECTION OR RE-ELECTION ON ADMINISTRATIVE MISCONDUCT

Until a law shall have been validly passed providing the contrary, ADMINISTRATIVE OFFENSES
COMMITTED, or acts done, DURING PREVIOUS TERM are generally held NOT FURNISH to
cause for remival and this is especially true where the constitution provides the penalty in proceedings
for removal shall not extend beyond the removal from office. The underlying theory is that each term is
separate from other terms, and that the reelection to office operates as a condonation of the officer’s
previous misconduct to the extent of cutting off the right to remove him therefor. To rule otherwise
would be to deprive the people of their right to elect their officers. When the people have elected a man
to office, it must be assumed that they did this with knowledge of his life and character, and that they
disregarded or forgave his faults or misconduct, if he had been guilty of any. It is not for the court, by
reason of such faults or misconduct to practically overrule the will of the people.

Any pending administrative disciplinary proceeding against a respondent is abated if in the meanwhile
he is elected or reelected, because his election results in a CONDONATION of whatever misconduct he
might have committed during his previous term. - NOT APPLICABLE TO CRIMINAL CASES

BACKWAGES

6.173. - WHEN REINSTATEMENT WITH BACKWAGES ALLOWED

GENERAL RULE: When a PO or Eee has been dismissed or suspended from service and who is later
found to be innocent of the charges, is entitled to reinstatement with full backwages. For an
employee who is reinstated after having been illegally dismissed is considered as not having left his
office. To deny him backwages for the period of his illegal dismissal would put to naught the
constitutional guarantee of security of tenure for his in the civil service. If the illegal dismissal is
found to have been made in bad faith or due to personal malice of the superior officers, they will be
held personally accountable for the employee’s backwages, otherwise it will be the government
which should pay. The dismissed or suspended officer or employee is entitled to all the rights and
privileges that accrue to him by virtue of the office that he held. The fact that there is now an appointee
to the position he claims, holding an appointment, is of no moment. There was no vacancy in the office
and therefore the appointment was NOT VALID. - This rule applies the same to temporary
employees because what is material is NOT THE NATURE OF THE APPOINTMENT but the
ACT WRONGFUL DEPRIVATION OF THE OFFICE.

An illegally dismissed officer or employee of the civil service is entitled to reinstatement with payment
of FULL BACKWAGES from the date of his removal from office until reinstatement.

IMPORTANT: Not entitled to back salaries during the period of suspension or separation from office
where ALTHOUGH ordered reinstated, his dismissal is reduced to a period of suspension, as HE HAS
NOT BEEN COMPLETELY EXONERATED.
There are 2 kinds of preventive suspension of civil services employuees who are charged with offenses
punishable by removal or suspension:

1. preventive suspension pending investigation, which is without salary; and


2. preventive suspension pending appeal if the penalty imposed by the disciplining authority is
suspension or dismissal and, after review the respondent is exonerated or merely reprimanded,
in which case the employee is entitled to backwages during the suspension pending appeal.

The period of preventive suspension pending investigation is usually 90 days or three months, after
which the employee or officer preventively suspended is AUTOMATICALLY REINSTATED. The
implication is that if he is NOT REINSTATED or he REFUSED to be reinstated, then the period
beyond the 90-day period of preventive suspension becomes unjustified or illegal, as he is
MANDATED by law to be automatically reinstated after the 90-day suspension pending investigation.

An officer or employee, although entitled to reinstatement, is NOT ENTITLED TO BACK SALARY


during the period of his suspension pending appeal, EXCEPT only when he is completely
exonerated or merely reprimanded.

6.174. ACQUITTAL ENTITLES PAYMENT OF BACKWAGES; REMEDY THEREFOR

A government employee who has been acquitted of the crime charged against him is entitled to the
salary during the period of his suspension from office. BUT THE TRIAL COURT, which acquitted him
HAS NO POWER to order the payment of said salary because the only issue in the criminal case is
whether or not he committed the crime. His remedy for payment of his salary during his suspension lies
not in the same criminal case wherein he is acquitted but in the proper administrative or civil action
prescribed by law such as a petition for mandamus to enfoce the right to backwages.