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Promulgated:
x---------------------------------------------------x
RESOLUTION
CORONA, J.:
On September 23, 2008 the Misamis Oriental Chapter of the Integrated Bar
of the Philippines (IBP) promulgated Resolution No. 24, series of 2008.[2]The
resolution requested the IBPs National Committee on Legal Aid[3] (NCLA) to ask
for the exemption from the payment of filing, docket and other fees of clients of
the legal aid offices in the various IBP chapters. Resolution No. 24, series of 2008
provided:
RESOLUTION NO. 24, SERIES OF 2008
WHEREAS, the collection of docket and other fees from the IBP
Legal Aid clients poses an additional strain to their next to non-existent
finances;
The Court noted Resolution No. 24, series of 2008 and required the IBP, through
the NCLA, to comment thereon.[5]
In a comment dated December 18, 2008,[6] the IBP, through the NCLA, made the
following comments:
(a) Under Section 16-D of RA[7] 9406, clients of the Public Attorneys Office
(PAO) are exempt from the payment of docket and other fees
incidental to the institution of action in court and other quasi-judicial
bodies. On the other hand, clients of legal aid offices in the various
IBP chapters do not enjoy the same exemption. IBPs indigent clients
are advised to litigate as pauper litigants under Section 21, Rule 3 of
the Rules of Court;
(b) They are further advised to submit documentary evidence to prove
compliance with the requirements under Section 21, Rule 3 of the
Rules of Court, i.e., certifications from the barangay and the
Department of Social Welfare and Development. However, not only
does the process involve some expense which indigent clients could
ill-afford, clients also lack knowledge on how to go about the tedious
process of obtaining these documents;
(c) Although the IBP is given an annual legal aid subsidy, the amount it
receives from the government is barely enough to cover various
operating expenses;[8]
(d) While each IBP local chapter is given a quarterly allocation (from the
legal aid subsidy),[9] said allocation covers neither the incidental
expenses defrayed by legal aid lawyers in handling legal aid cases nor
the payment of docket and other fees collected by the courts, quasi-
judicial bodies and the prosecutors office, as well as mediation fees
and
At the outset, we laud the Misamis Oriental Chapter of the IBP for its effort
to help improve the administration of justice, particularly, the access to justice by
the poor. Its Resolution No. 24, series of 2008 in fact echoes one of the noteworthy
recommendations during the Forum on Increasing Access to Justicespearheaded by
the Court last year. In promulgating Resolution No. 24, the Misamis Oriental
Chapter of the IBP has effectively performed its duty to participate in the
development of the legal system by initiating or supporting efforts in law reform
and in the administration of justice.[11]
Access to justice by all, especially by the poor, is not simply an ideal in our
society. Its existence is essential in a democracy and in the rule of law. As such, it
is guaranteed by no less than the fundamental law:
Sec. 11. Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by
reason of poverty.[12](emphasis supplied)
The Court recognizes the right of access to justice as the most important
pillar of legal empowerment of the marginalized sectors of our society.[13]Among
others, it has exercised its power to promulgate rules concerning the protection and
enforcement of constitutional rights[14] to open the doors of justice to the
underprivileged and to allow them to step inside the courts to be heard of their
plaints. In particular, indigent litigants are permitted under Section 21, Rule
3[15] and Section 19, Rule 141[16] of the Rules of Court to bring suits in forma
pauperis.
The IBP, pursuant to its general objectives to improve the administration of
justice and enable the Bar to discharge its public responsibility more
effectively,[17] assists the Court in providing the poor access to justice. In
particular, it renders free legal aid under the supervision of the NCLA.
ARTICLE VIII
TESTS
SEC. 19. Combined tests. The Chapter Legal Aid Committee or the
[NCLA], as the case may be, shall pass upon the request for legal aid by
the combined application of the means test and merit test, and the
consideration of other factors adverted to in the following sections.
SEC. 20. Means test. The means test aims at determining whether the
applicant has no visible means of support or his income is otherwise
insufficient to provide the financial resources necessary to engage
competent private counsel owing to the demands for subsistence of his
family, considering the number of his dependents and the conditions
prevailing in the locality.
The means test shall not be applicable to applicants who fall under the
Developmental Legal Aid Program such as Overseas Filipino Workers,
fishermen, farmers, women and children and other disadvantaged
groups.
SEC. 21. Merit test. The merit test seeks to ascertain whether or not the
applicants cause of action or his defense is valid and chances of
establishing the same appear reasonable.
SEC. 22. Other factors. The effect of the Legal Aid Service or of the
failure to render the same upon the Rule of Law, the proper
administration of justice, the public interest involved in given cases and
the practice of law in the locality shall likewise be considered.
SEC. 23. Private practice. Care shall be taken that the Legal aid is not
availed of to the detriment of the private practice of law, or taken
advantage of by anyone for personal ends.
SEC. 24. Denial. Legal aid may be denied to an applicant already
receiving adequate assistance from any source other than the Integrated
Bar.
A.M. No. 08-11-7-SC (IRR): Re: Rule on the Exemption From the
Payment of Legal Fees of the Clients of the National Committee on
Legal Aid and of the Legal Aid Offices in the Local Chapters of the
Integrated Bar of the Philippines
ARTICLE I
Purpose
Section 1. Purpose. This Rule is issued for the purpose of enforcing the
right of free access to courts by the poor guaranteed under Section 11,
Article III of the Constitution. It is intended to increase the access to
justice by the poor by exempting from the payment of legal fees
incidental to instituting an action in court, as an original proceeding or
on appeal, qualified indigent clients of the NCLA and of the legal aid
offices in local IBP chapters nationwide.
ARTICLE II
Definition of Terms
ARTICLE III
Coverage
(b) Persons who do not pass the means and merit tests;
(c) Parties already represented by a counsel de parte;
(e) Persons who have been clients of the NCLA or chapter legal
aid office previously in a case where the NCLA or chapter
legal aid office withdrew its representation because of a
falsity in the application or in any of the affidavits
supporting the said application.
Section 3. Cases not covered by the Rule. The NCLA and the chapter
legal aid offices shall not handle the following:
ARTICLE IV
Tests of Indigency
Section 2. Means test; exception. (a) This test shall be based on the
following criteria: (i) the applicant and that of his immediate family
must have a gross monthly income that does not exceed an amount
double the monthly minimum wage of an employee in the place where
the applicant resides and (ii) he does not own real property with a fair
market value as stated in the current tax declaration of more than Three
Hundred Thousand (P300,000.00) Pesos.
(b) The means test shall not be applicable to applicants who fall under
the developmental legal aid program such as overseas workers,
fisherfolk, farmers, laborers, indigenous cultural communities, women,
children and other disadvantaged groups.
ARTICLE V
Acceptance and Handling of Cases
Applications for legal aid shall be filed with the NCLA or with
the chapter legal aid committee.
The NCLA shall, as much as possible, concentrate on cases of
paramount importance or national impact.
(i) Where a warrant for the arrest of the applicant has been
issued;
Example:
Region[18] Chapter Year Month Number
GM - Manila - 2009 - 03 - 099
The chapter legal aid committee and the chapter board of officers
shall take the necessary measures to ensure that cases are well-
distributed to chapter members.
ARTICLE VI
Withdrawal of Legal Aid and Termination of Exemption
Section 1. Withdrawal of legal aid. The NCLA or the chapter legal aid
committee may, in justifiable instances as provided in the next Section,
direct the handling lawyer to withdraw representation of a clients cause
upon approval of the IBP Board of Governors (in the case of the
NCLA) or of the chapter board of officers (in the case of the chapter
legal aid committee) and through a proper motion filed in Court.
(e) When, despite proper advice from the handling lawyer, the
client cannot be refrained from doing things which the
lawyer himself ought not do under the ethics of the legal
profession, particularly with reference to their conduct
towards courts, judicial officers, witnesses and litigants, or
the client insists on having control of the trial, theory of
the case, or strategy in procedure which would tend to
result in incalculable harm to the interests of the client;
(f) When, despite notice from the handling lawyer, the client does
not cooperate or coordinate with the handling lawyer to the
prejudice of the proper and effective rendition of legal aid
such as when the client fails to provide documents
necessary to support his case or unreasonably fails to
attend hearings when his presence thereat is required; and
Section 3. Effect of withdrawal. The court, after hearing, shall allow the
NCLA or the chapter legal aid office to withdraw if it is satisfied that
the ground for such withdrawal exists.
Except when the withdrawal is based on paragraphs (b), (d) and (g) of
the immediately preceding Section, the court shall also order the
dismissal of the case. Such dismissal is without prejudice to whatever
criminal liability may have been incurred if the withdrawal is based on
paragraph (c) of the immediately preceding Section.
ARTICLE VII
Miscellaneous Provisions
In case, attorneys fees have been awarded to the client, the same shall
belong to the NCLA or to the chapter legal aid office that rendered the
legal aid, as the case may be. It shall form part of a special fund which
shall be exclusively used to support the legal aid program of the NCLA
or the chapter legal aid office. In this connection, the chapter board of
officers shall report the receipt of attorneys fees pursuant to this Section
to the NCLA within ten (10) days from receipt thereof. The NCLA
shall, in turn, include the data on attorneys fees received by IBP
chapters pursuant to this Section in its liquidation report for the annual
subsidy for legal aid.
Section 2. Duty of NCLA to prepare forms. The NCLA shall prepare the
standard forms to be used in connection with this Rule. In particular, the
NCLA shall prepare the following standard forms: the application form,
the affidavit of indigency, the supporting affidavit of a disinterested
person, the affidavit of a disinterested person required to be submitted
annually under Section 2(b), Article VI, the certification issued by the
NCLA or the chapter board of officers under Section 1(f), Article V and
the request to appeal.
The said forms, except the certification, shall be in Filipino. Within
sixty (60) days from receipt of the forms from the NCLA, the chapter
legal aid offices shall make translations of the said forms in the
dominant dialect used in their respective localities.
The chairperson of the chapter legal aid office shall issue the certificate
similar to that issued by the Clerk of Court in Section 5(b) of the Rule
on Mandatory Legal Aid Service.
ARTICLE VIII
Effectivity
The above rule, in conjunction with Section 21, Rule 3 and Section 19, Rule
141 of the Rules of Court, the Rule on Mandatory Legal Aid Service and the Rule
of Procedure for Small Claims Cases, shall form a solid base of rules upon which
the right of access to courts by the poor shall be implemented. With these rules, we
equip the poor with the tools to effectively, efficiently and easily enforce their
rights in the judicial system.
A FINAL WORD
Equity will not suffer a wrong to be without a remedy. Ubi jus ibi remedium.
Where there is a right, there must be a remedy. The remedy must not only be
effective and efficient, but also readily accessible. For a remedy that is inaccessible
is no remedy at all.
The Constitution guarantees the rights of the poor to free access to the courts
and to adequate legal assistance. The legal aid service rendered by the NCLA and
legal aid offices of IBP chapters nationwide addresses only the right to adequate
legal assistance. Recipients of the service of the NCLA and legal aid offices of IBP
chapters may enjoy free access to courts by exempting them from the payment of
fees assessed in connection with the filing of a complaint or action in court. With
these twin initiatives, the guarantee of Section 11, Article III of Constitution is
advanced and access to justice is increased by bridging a significant gap and
removing a major roadblock.
SO ORDERED.
Canon 5
EN BANC
RESOLUTION
ADOPTING THE REVISED RULES ON THE CONTINUING LEGAL
EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF
THE PHILIPPINES
Considering the Rules on the Mandatory Continuing Legal Education (MCLE) for members
of the Integrated Bar of the Philippines (IBP), recommended by the IBP, endorsed by the
Philippine Judicial Academy, and reviewed and passed upon by the Supreme Court Committee
on Legal Education, the Court hereby resolves to approve, as it hereby approves, the following
Revised Rules for proper implementation:
Rule 1. PURPOSE
SECTION 1. Commencement of the MCLE. Within two (2) months from the approval of
these Rules by the Supreme Court En Banc, the MCLE Committee shall be constituted
andshall commence the implementation of the Mandatory Continuing Legal Education (MCLE)
program in accordance with these Rules.
SEC. 2. Requirements of completion of MCLE. Members of the IBP not exempt under Rule
7 shall complete every three (3) years at least thirty-six (36) hours of continuing legal education
activities approved by the MCLE Committee. Of the 36 hours:
(a) At least six (6) hours shall be devoted to legal ethics equivalent to six (6) credit units.
(b) At least four (4) hours shall be devoted to trial and pretrial skills equivalent to four (4)
credit units.
(c) At least five (5) hours shall be devoted to alternative dispute resolution equivalent to five
(5) credit units.
(d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and
jurisprudence equivalent to nine (9) credit units.
(e) At least four (4) hours shall be devoted to legal writing and oral advocacy equivalent to
four (4) credit units.
(f) At least two (2) hours shall be devoted to international law and international
conventions equivalent to two (2) credit units.
(g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the
MCLE Committee equivalent to six (6) credit units.
SECTION 1. Initial compliance period. -- The initial compliance period shall begin not later
than three (3) months from the adoption of these Rules. Except for the initial compliance period
for members admitted or readmitted after the establishment of the program, all compliance
periods shall be for thirty-six (36) months and shall begin the day after the end of the previous
compliance period.
SEC. 2. Compliance Groups. -- Members of the IBP not exempt from the MCLE
requirement shall be divided into three (3) compliance groups, namely:
(a) Compliance group 1. -- Members in the National Capital Region (NCR) or Metro Manila are
assigned to Compliance Group 1.
(b) Compliance group 2. -- Members in Luzon outside NCR are assigned to Compliance Group
2.
(c) Compliance group 3. -- Members in Visayas and Mindanao are assigned to Compliance
Group 3.
Nevertheless, members may participate in any legal education activity wherever it may
be available to earn credit unit toward compliance with the MCLE requirement.
SEC. 3. Compliance period of members admitted or readmitted after establishment of the
program. Members admitted or readmitted to the Bar after the establishment of the program shall
be assigned to the appropriate Compliance Group based on their Chapter membership on the date
of admission or readmission.
The initial compliance period after admission or readmission shall begin on the first day of
the month of admission or readmission and shall end on the same day as that of all other
members in the same Compliance Group.
(a) Where four (4) months or less remain of the initial compliance period after admission or
readmission, the member is not required to comply with the program requirement for the
initial compliance.
(b) Where more than four (4) months remain of the initial compliance period after admission or
readmission, the member shall be required to complete a number of hours of approved
continuing legal education activities equal to the number of months remaining in the
compliance period in which the member is admitted or readmitted. Such member shall be
required to complete a number of hours of education in legal ethics in proportion to the
number of months remaining in the compliance period. Fractions of hours shall be rounded
up to the next whole number.
SECTION 1. Classes of Credit units. -- Credit units are either participatory or non-
participatory.
SEC. 2. Claim for participatory credit units. -- Participatory credit units may be claimed
for:
(a) Attending approved education activities like seminars, conferences, conventions, symposia,
in-house education programs, workshops, dialogues or round table discussion.
(b) Speaking or lecturing, or acting as assigned panelist, reactor, commentator, resource
speaker, moderator, coordinator or facilitator in approved education activities.
(c) Teaching in a law school or lecturing in a bar review class.
SEC. 3. Claim for non-participatory credit units. Non-participatory credit units may be
claimed per compliance period for:
(a) Preparing, as an author or co-author, written materials published or accepted for publication,
e.g., in the form of an article, chapter, book, or book review which contribute to the legal
education of the author member, which were not prepared in the ordinary course of the
members practice or employment.
(b) Editing a law book, law journal or legal newsletter.
Rule 6. COMPUTATION OF CREDIT HOURS (CH)
SECTION 1. Computation of credit hours. -- Credit hours are computed based on actual
time spent in an education activity in hours to the nearest one-quarter hour reported in decimals.
Rule 7. EXEMPTIONS
SECTION 1. Parties exempted from the MCLE. -- The following members of the Bar are
exempt from the MCLE requirement:
(a) The President and the Vice President of the Philippines, and the Secretaries and
Undersecretaries of Executive Departments;
(b) Senators and Members of the House of Representatives;
(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired
members of the judiciary, incumbent members of the Judicial and Bar Council and
incumbent court lawyers covered by the Philippine Judicial Academy program of continuing
judicial education;
(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department
of Justice;
(e) The Solicitor General and the Assistant Solicitors General;
(f) The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;
(g) The Chairmen and Members of the Constitutional Commissions;
(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the Special
Prosecutor of the Office of the Ombudsman;
(i) Heads of government agencies exercising quasi-judicial functions;
(j) Incumbent deans, bar reviewers and professors of law who have teaching experience for at
least ten (10) years in accredited law schools;
(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial
Lecturers of the Philippine Judicial Academy; and
(l) Governors and Mayors.
SEC. 2. Other parties exempted from the MCLE. The following Members of the Bar are
likewise exempt:
(a) Those who are not in law practice, private or public.
(b) Those who have retired from law practice with the approval of the IBP Board of Governors.
SEC. 3. Good cause for exemption from or modification of requirement A member may file
a verified request setting forth good cause for exemption (such as physical disability, illness, post
graduate study abroad, proven expertise in law, etc.) from compliance with or modification of
any of the requirements, including an extension of time for compliance, in accordance with a
procedure to be established by the MCLE Committee.
SEC. 4. Change of status. The compliance period shall begin on the first day of the month in
which a member ceases to be exempt under Sections 1, 2, or 3 of this Rule and shall end on the
same day as that of all other members in the same Compliance Group.
SEC. 5. Proof of exemption. Applications for exemption from or modification of the MCLE
requirement shall be under oath and supported by documents.
(1) This activity has been approved BY THE MCLE COMMITTEE in the amount of
________ hours of which ______ hours will apply in (legal ethics, etc.), as
appropriate to the content of the activity;
(2) The activity conforms to the standards for approved education activities prescribed
by these Rules and such regulations as may be prescribed by the MCLE
COMMITTEE.
(c) The provider shall issue a record or certificate to all participants identifying
the time, date, location, subject matter and length of the activity.
(d) The provider shall allow in-person observation of all approved continuing
legal education activity by THE MCLE COMMITTEE, members of the IBP
Board of Governors, or designees of the Committee and IBP staff Board for
purposes of monitoring compliance with these Rules.
(e) The provider shall indicate in promotional materials, the nature of the activity,
the time devoted to each topic and identity of the instructors. The provider shall
make available to each participant a copy of THE MCLE COMMITTEE-
approved Education Activity Evaluation Form.
(f) The provider shall maintain the completed Education Activity Evaluation
Forms for a period of not less than one (1) year after the activity, copy
furnished the MCLE COMMITTEE.
(g) Any person or group who conducts an unauthorized activity under this
program or issues a spurious certificate in violation of these Rules shall be
subject to appropriate sanctions.
SECTION 1. Compliance card. -- Each member shall secure from the MCLE Committee a
Compliance Card before the end of his compliance period. He shall complete the card by
attesting under oath that he has complied with the education requirement or that he is exempt,
specifying the nature of the exemption. Such Compliance Card must be returned to
the Committee not later than the day after the end of the members compliance period.
SEC. 2. Member record keeping requirement. -- Each member shall maintain sufficient
record of compliance or exemption, copy furnished the MCLE Committee. The record required
to be provided to the members by the provider pursuant to Section 3 of Rule 9 should be a
sufficient record of attendance at a participatory activity. A record of non-participatory activity
shall also be maintained by the member, as referred to in Section 3 of Rule 5.
Members given sixty (60) days to respond to a Non-Compliance Notice may use
this period to attain the adequate number of credit units for compliance.
Credit units earned during this period may only be counted toward compliance
with the prior compliance period requirement unless units in excess of the
requirement are earned, in which case the excess may be counted toward meeting
the current compliance period requirement.
SECTION 1. Composition. The MCLE Committee shall be composed of five (5) members,
namely, a retired Justice of the Supreme Court as Chair, and four (4) members respectively
nominated by the IBP, the Philippine Judicial Academy, a law center designated by the Supreme
Court and associations of law schools and/or law professors.
The members of the Committee shall be of proven probity and integrity. They shall be
appointed by the Supreme Court for a term of three (3) years and shall receive such
compensation as may be determined by the Court.
SEC. 2. Duty of committee. The MCLE Committee shall administer and adopt such
implementing rules as may be necessary subject to the approval of the Supreme Court. It shall, in
consultation with the IBP Board of Governors, prescribe a schedule of MCLE fees with the
approval of the Supreme Court.
SEC. 3. Staff of the MCLE Committee. Subject to approval by the Supreme Court, the
MCLE Committee shall employ such staff as may be necessary to perform the record-keeping,
auditing, reporting, approval and other necessary functions.
SEC. 4. Submission of annual budget. The MCLE Committee shall submit to the Supreme
Court for approval, an annual budget [for a subsidy] to establish, operate and maintain the
MCLE Program.
This resolution shall take effect on the fifteenth of September 2000, following its publication
in two (2) newspapers of general circulation in the Philippines.
Adopted this 22nd day of August, 2000, as amended on 02 October 2001.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Pardo,
Buena, Ynares-Santiago, De Leon, Jr., and Sandoval-Gutierrez, JJ., concur.
Kapunan, J., on official leave.
Republic of the Philippines
SUPREME COURT
Manila
Sirs/Mesdames:
Quoted hereunder, for your information is a resolution of the Court En Banc dated June 3, 2008
"Bar Matter No. 1922. – Re: Recommendation of the Mandatory Continuing Legal Education (MCLE)
Board to Indicate in All Pleadings Filed with the Courts the Counsel’s MCLE Certificate of
Compliance or Certificate of Exemption. – The Court Resolved to NOTE the Letter, dated May 2,
2008, of Associate Justice Antonio Eduardo B. Nachura, Chairperson, Committee on Legal
Education and Bar Matters, informing the Court of the diminishing interest of the members of the Bar
in the MCLE requirement program.
The Court further Resolved, upon the recommendation of the Committee on Legal Education and
Bar Matters, to REQUIRE practicing members of the bar to INDICATE in all pleadings filed before
the courts or quasi-judicial bodies, the number and date of issue of their MCLE Certificate of
Compliance or Certificate of Exemption, as may be applicable, for the immediately preceding
compliance period. Failure to disclose the required information would cause the dismissal of
the case and the expunction of the pleadings from the records.
The New Rule shall take effect sixty (60) days after its publication in a newspaper of general
circulation." Caprio-Morales Velasco, Jr., Nachura, JJ., on official leave. (adv216a)
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers
already penalized by existing law, the following shall constitute corrupt practices of any public officer
and are hereby declared to be unlawful:
(a) Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced,
or influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or
benefit, for himself or for any other person, in connection with any contract or transaction
between the Government and any other part, wherein the public officer in his official capacity
has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or
material benefit, for himself or for another, from any person for whom the public officer, in
any manner or capacity, has secured or obtained, or will secure or obtain, any Government
permit or license, in consideration for the help given or to be given, without prejudice to
Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise
which has pending official business with him during the pendency thereof or within one year
after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private
party any unwarranted benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and employees of offices or
government corporations charged with the grant of licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act
within a reasonable time on any matter pending before him for the purpose of obtaining,
directly or indirectly, from any person interested in the matter some pecuniary or material
benefit or advantage, or for the purpose of favoring his own interest or giving undue
advantage in favor of or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and
grossly disadvantageous to the same, whether or not the public officer profited or will profit
thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in
which he is prohibited by the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in
any transaction or act requiring the approval of a board, panel or group of which he is a
member, and which exercises discretion in such approval, even if he votes against the same
or does not participate in the action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the
approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board,
panel or group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any
person not qualified for or not legally entitled to such license, permit, privilege or advantage,
or of a mere representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him
on account of his official position to unauthorized persons, or releasing such information in
advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and
(c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or
urging the divulging or untimely release of the confidential information referred to in subparagraph
(k) of this section shall, together with the offending public officer, be punished under Section nine of
this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from
transacting business in any form with the Government.
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:
(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:
(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.
(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;
(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.