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RA 6713

Presentation by:
Atty. Emily A. Balungay
Attorney V & Hearing Officer

Civil Service Commission - CAR


Republic Act 6713

An act establishing a Code of Conduct


and Ethical Standards for Public
Officials and Employees, to uphold
the time-honored principles 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
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ld -
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T i lit
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Civil
Criminal
Administrative

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Characteristics of Administrative Discipline:

Administrative Offenses do not prescribe (Floria vs.
Sunga,368SCRA551)


Administrativecasesarenotsubjecttosettlement


The withdrawal of the complainant is not a ground for the
dismissal


Thecomplainantisamerewitnesstothecommissionofthe
offense,hence,anybodycanfileanadministrativecomplaint.
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Norms of Conduct

(1) COMMITMENT TO PUBLIC


INTEREST Public officials and
employees shall always uphold
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the public interest over and above


personal interest. xxx xxx.

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All government resources and
powers of their respective offices
must be employed and used
efficiently, effectively, honestly and
economically

To avoid wastage in public funds


andrevenues.

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Norms of Conduct

(2) PROFESSIONALISM Public


officials and employees shall

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perform and discharge their duties
with the highest degree of
excellence, professionalism,
intelligence and skill. xxx xxx.

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Utmostdevotionand

dedicationtoduty.

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Norms of Conduct

(3) JUSTNESS
AND SINCERITY
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Public officials
and employees
shall remain true
to the people at all
times. xxx xxx.
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Do not discriminate against anyone,
especially the poor and the
underprivileged.

Respecttherightsofothersatalltimes.

Refrain from doing acts contrary to law,
goodmorals,goodcustoms,publicpolicy,
public order, public safety and public
interest.

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Shall not dispense or
extend undue favors on
account of their office to
their relatives whether by
consanguinityoraffinity.

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(4) POLITICAL NEUTRALITY
Public officials and

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employees shall provide
service to anyone without
unfair discrimination and
regardless of party
affiliations or preference.
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(5) RESPONSIVENESS TO THE
PUBLIC
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Public officials and


employees shall extend
prompt, courteous, and
efficient service to the
public. xxx xxx.

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Provide information on 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

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Norms of Conduct

(6) NATIONALISM AND


PATRIOTISM Public officials and
employees shall at all times be

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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. xxx xxx.

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Endeavor to maintain and
defend Philippine
sovereignty against foreign
intrusion.

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Norms of Conduct

(7) COMMITMENT TO DEMOCRACY


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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. xxx xxx.
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Uphold the Constitution and put
loyalty to country above loyalty to
personsorparty.

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CONSTITUTIONAL BASIS
The Philippines is a democratic and
republican State. Sovereignty resides in the
people and all government authority
emanates from them.

(Sec. 1, Art. II, Constitution of the Republic of


the Philippines)

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Norms of Conduct

(8) SIMPLE LIVING


Public officials and

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employees and their
families shall lead
modest lives
appropriate to their
positions and
income. xxx xxx.
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Duties of Public Officials &
Employees
1. Act promptly on letters and requests
2. Submit annual performance reports
3. Process documents and papers
expeditiously
4. Act immediately on the publics
personal transactions
5. Make documents accessible to the
public
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Prohibited Acts

1. Public officials and employees


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

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Prohibited Acts

2. Public officials and employees during


their incumbency shall not own, control
or 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.

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Prohibited Acts

3. Public officials and employees


shall not 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.

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CSC Resolution
No. 01-1096
dated June 29, 2001.

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Prohibited Acts

4. Public officials and


employees shall not
recommend any person to
any position in a private
enterprise which has a
regular or pending
transaction with their
office.
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Prohibited Acts

5.Public officials and employees shall not


use or divulge, confidential or classified
information officially known to them by
reason of their office and shall not make
them available to the public, either to (a)
further their private interests, or (b) give
undue advantage to anyone; or (c) to
prejudice the public interest.

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Prohibited Acts

6. 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.
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Prohibited Acts

7. 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 and (b) any
commercial purpose other than by news
and communications media for
dissemination to the general public.

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Prohibited Acts

8. Public officials and


employees shall not
indulge in
extravagant or
ostentatious display
of wealth in any form.
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Article 25, Civil Code of the Philippines.

Art. 25. Thoughtless extravagance in expense


for pleasure or display during a period of
acute public want or emergency may be
stopped by order of the courts at the instance
of any government or private charitable
institution.

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Prohibited Acts

9. Officials and
employees shall not
display ill or bad
manners.

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Prohibited Acts

10. Officials and


employees shall
not withhold
information.
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Definition of Terms

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Government

includes the National Government, the local governments


and all other instrumentalities, agencies or branches of the
Republic of the Philippines including government-owned and
controlled corporations and their subsidiaries.
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Public Officials

includes the elective and appointive officials and


employees, permanent or temporary, whether in the career or non-
career service, including military and police personnel, whether or not
they receive compensation, regardless of amount.

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NON-CAREER SERVICE is composed of
positions expressly declared by law to be
in the non-career service; or those whose
entrance in the service is characterized by

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(1) Entrance on bases other than
those of the usual tests of merit and
fitness utilized for the career
service; and

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(2) Tenure which is limited to a period specified by
law, or which is coterminous with that of the
appointing authority or subject to his pleasure, or
which is limited to the duration of a particular
project from which purpose employment was made.

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Classes of the position in the CAREER
SERVICE, appointment to which requires
examinations, shall be grouped into
three major levels as follows:

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(a) The first level shall include clerical, trades, crafts
and custodial service positions which involve non-
professional or sub-professional work in a non-
supervisory or supervisory capacity requiring less
than four years of collegiate studies;

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(b) The second level shall include professional, technical
and scientific positions which involve professional,
technical or scientific work in a non-supervisory or
supervisory capacity requiring at least four years of
college work up to Division Chief level; and
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(c) The third level shall cover
positions in the Career Executive
Service. (CSC MC No. 7, s. 2010)

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CSC MC No. 20, s. 2016

Subject: Career Officials as Defined by the


Civil Service Law, rules and regulations as
provided in item 1(c), OP Memorandum
Circular No. 4 dated August 22, 2016
(Courtesy Resignation of Presidential Appointees)

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Gift

refers to a thing or a right disposed of gratuitously, or any act of


liberality, in favor of another who accepts it, and shall include a simulated
sale or an ostensibly onerous disposition thereof. It shall not include an
unsolicited gift of nominal or insignificant value not given in anticipation
of, or in exchange for, a favor from a public official or employee.
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Receiving any gift includes the act
of accepting directly or indirectly, a gift from
a person other than a member of his family
or relative as defined in this Act, even on the
occasion of a family celebration or national
festivity like Christmas, if the value of the gift
is neither nominal nor insignificant, or the
gift is given in anticipation of, or in exchange
for, a favor.
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covers
"Loan" both simple loan and
commodation as well as guarantees, financing
arrangements or accommodations intended to
ensure its approval.

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"Substantial stockholder"means any
person who owns, directly or indirectly, shares
of stock sufficient to elect a director of a
corporation. This term shall also apply to the
parties to a voting trust.

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"Family of public officials or
employees" means their spouses and
unmarried children under eighteen (18) years
of age.

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"Person"
includes natural and juridical persons
unless the context indicates otherwise.

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"Conflict of interest" arises when a
public official or employee is a member of a
board, an officer, or a substantial stockholder
of a private corporation or owner or has a
substantial interest in a business, and the
interest of such corporation or business, or
his rights or duties therein, may be opposed
to or affected by the faithful performance of
official duty.
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"Divestment" is the transfer of title or
disposal of interest in property by
voluntarily, completely and actually
depriving or dispossessing oneself of his
right or title to it in favor of a person or
persons other than his spouse and relatives
as defined in this Act.

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"Relatives"refers to any and all persons
related to a public official or employee within
the fourth civil degree of consanguinity or
affinity, including bilas, inso and balae.

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PENALTIES

I. COMMITTING ANY VIOLATION OF


THE CODE
Fine not exceeding the equivalent of six
(6) months salary; or
Suspension not exceeding one (1) year;
or
Removal depending on the gravity of the
offense after due notice and hearing.

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PENALTIES
II. VIOLATIONS OF:
Section 7 Prohibited Acts and Transactions
Section 8 Statements and Disclosure
Section 9 Divestment
1. Imprisonment not exceeding five (5) years;
2. Fine not exceeding P5,000.00 or both.
3. And in the discretion of the court of competent
jurisdiction, DISQUALIFICATION TO HOLD
PUBLIC OFFICE.

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Republic Act No. 9485
the Anti-Red Tape Act of 2007

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Contents
Constitutional and Statutory Principles of
Public Service Delivery
Key Provisions of Republic Act No. 9485

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Constitutional and Statutory
Principles of
Public Service Delivery
Philippine Constitution of 1987

Article II Section 27.


The State shall maintain honesty and integrity in the
public service and take positive and effective measures
against graft and corruption.

Article XI Section 1.
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.
60
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Constitutional and Statutory
Principles of
Public Service Delivery
Republic Act No. 6713
Code of Conduct and Ethical Standards for Public
Officials and Employees

Section 5. Duties and responsibilities of Public Officials and


Employees
Act promptly on letters and requests
Process documents and papers expeditiously
Act immediately on the publics personal transactions
Make documents accessible to the public

61
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Key Provisions of
Republic Act No. 9485
Anti-Red Tape Act of 2007
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COVERAGE
(Section 3, R.A. No. 9485)

This Act shall apply to:

All government offices and agencies


Including local government units
Government-owned or-controlled corporations that provide
FRONTLINE SERVICES

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DEFINITION OF TERMS
(Section 4, R.A. No. 9485)

Frontline Service
= transaction between clients and
government offices/agencies (applications for any
privilege, right, permit, reward, license, concession, or
for any modification, renewal or extension of the
enumerated applications and/or requests)

Simple Transactions
= requests or applications which only require
ministerial actions on the part of the public officer or
employee
Complex Transactions
= requests or applications which
necessitate the use of discretion in the resolution of
complicated issues by an officer or employee
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DEFINITION OF TERMS
(Section 4, R.A. No. 9485)

Action
= written approval or disapproval made by a
government office or agency

Officer or Employee
= person employed in a government office
or agency required to perform responsibilities related to
the application or request

Irrelevant requirements
= any document/ performance of an act
not directly material to the resolution of the request or
application

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Fixer
= any individual whether or
not officiaily involved in the operation
of a government office or agency
who has access to people working
therein, and whether or not in
collusion with them, facilitates speedy
completion of transactions for
pecuniary gain or any other
advantage or consideration.
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RE-ENGINEERING OF SYSTEMS AND PROCEDURES
(Section 5, R.A. No. 9485)

All offices and agencies which provide


frontline services are hereby mandated to
regularly undertake time and motion studies,
undergo evaluation and improvement of their
transaction systems and procedures and
reengineer the same if deemed necessary to
reduce bureaucratic red tape and processing
time.
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THE CITIZENS CHARTER
(Section 6, R.A. No. 9485)

All government agencies shall set up their respective


service standards to be known as the CITIZENS
CHARTER in the form of information billboards which
should be posted at the main entrance of offices or at
the most conspicuous place, and in the form of
published materials written either in English, Filipino, or
in the local dialect.
The Citizens Charter shall include the following information:
Procedure to obtain a particular Document/s to be presented by the
service customer, if necessary
Person/s responsible for each step Amount of fees, if necessary
Maximum time to conclude the Procedure for filing complaints
process

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ACCOUNTABILITY OF HEADS OF AGENCIES
(Section 7, R.A. No. 9485)

The head of office or agency shall be primarily responsible


for the implementation of the Act and shall be held
accountable to the public in rendering fast, efficient,
convenient and reliable service. All transactions and
processes are deemed to have been made with the
permission or clearance from the highest authority having
jurisdiction over the government office or agency.

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RULES ON ACCESSING FRONTLINE SERVICES
(Section 8, R.A. No. 9485)

Acceptance of Applications and Requests

All employees shall accept written applications/ requests


submitted by clients
Responsible employee shall acknowledge receipt of
application/request
Receiving employee shall perform a preliminary
assessment of the request and determine the sufficiency
of submitted requirements for a request/application
All applications/requests shall be acted upon within the
period prescribed under the Citizens Charter -- five days
for simple transactions and 10 days for complex
transactions

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RULES ON ACCESSING FRONTLINE SERVICES
(Section 8, R.A. No. 9485)

No application or request shall be returned to the client


without appropriate action
In case an application or request is disapproved the
officer or employee who rendered the decision shall send
a formal notice to the client within five (5) working days
from the receipt of the request/application, stating the
reason for the disapproval and a list of specific
requirement/s which the client failed to submit
Any denial of request for access to government service
shall be fully explained in writing

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RULES ON ACCESSING FRONTLINE SERVICES
(Section 8, R.A. No. 9485)

Limitation of signatories to maximum of five (5);


Frontline service even during lunch break and after
regular working hours;
Wearing of official identification card when transacting
with public;
Establishment of public assistance/complaints desk.

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AUTOMATIC EXTENSION OF PERMITS AND LICENSES
(Section 9, R.A. No. 9485)

Failure to act on an application/request for renewal of a


license, permit or authority subject for renewal within the
prescribed period shall automatically extend license until a
resolution is rendered on the application

No automatic extension or renewal shall apply when the


permit, license or authority covers activities which pose
danger to public health, public safety, public
morals or to public policy including, but not limited
to, natural resource extraction activities

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REPORT CARD SURVEY
(Section 10, R.A. No. 9485)
Report Card Survey shall be initiated by the Civil Service
Commission, in coordination with the Development
Academy of the Philippines, which shall be used to obtain
feedback on how provisions of the Citizens Charter are
being followed and how the agency is performing
The survey shall also be used to obtain information and/or
estimates of hidden costs incurred by clients to access
frontline services (may include, but not limited to bribes
and payment to fixers)
A feedback mechanism shall be established and the results
thereof shall be incorporated in their annual report.
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DISCIPLINARY ACTION
(Section 11, R.A. No. 9485)

Light Offenses
1. Refusal to accept application and/or request within the
prescribed period
2. Failure to act on an application and/or request or failure to
refer back to the client a request which cannot be acted upon
due to lack of requirement/s within the prescribed period
3. Failure to attend to transacting clients within the premises of
the agency before the end of official working hours, and during
lunch break
4. Failure to render frontline services within the prescribed period
on an application and/or request without due cause
5. Failure to give the client a written notice on the disapproval of
an application or request
6. Imposition of additional irrelevant requirements

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Penalties for Light Offenses

First Offense - Thirty (30) days suspension without pay and


mandatory attendance in Values Orientation Program

Second Offense Three months suspension without pay

Third Offense Dismissal and perpetual disqualification


from public service

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Grave Offenses

Fixing and/or collusion with fixers in consideration of


economic and/or other gain or advantage

Penalties for Grave Offenses


Dismissal and perpetual disqualification from public service

The finding of administrative liability under the Act shall


not be a bar to the filing of criminal, civil or other related
charges under existing laws arising from the same act or
omission as herein enumerated.

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CRIMINAL LIABILITY FOR FIXERS
(Section 12, R.A. No. 9485)

In addition to the liability for grave offenses, fixers shall


suffer the penalty of:
Imprisonment not exceeding six years or
Fine of P20,000 to P200,000 or
Both

FIXERS [Section 4 (g), R.A. No. 9485]


Refers to any individual whether or not officially
involved in the operation of a government office or
agency who has access to people working therein,
and whether or not in collusion with them, facilitates
speedy completion of transactions for pecuniary gain
or any - other
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ADMINISTRATIVE JURISDICTION

Presidential Appointees
Office of the Ombudsman
Presidential Anti-Graft Commission

Other Government Personnel


Civil Service Commission
Office of the Ombudsman

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IMMUNITY; DISCHARGE OF CO-
RESPONDENT/ACCUSED TO BE A WITNESS
(Section 15, R.A. No. 9485)

Any public official/employee or any


person having been charged with
another under this Act and who
voluntarily gives information pertaining
to an investigation or who willingly
testifies therefor, shall be exempt from
prosecution in the case/s where his/her
information and testimony are given.
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The discharge of co-
respondent/accused to be a witness
may be granted and directed by the
investigating body or court upon the
application or petition of any of the
respondent/accused-informant and
before the termination of the
investigation
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IMMUNITY; DISCHARGE OF CO-RESPONDENT/ACCUSED TO
BE A WITNESS
(Section 15, R.A. No. 9485)

Provided, That:

a)There is absolute necessity for the testimony of


the respondent/accused-informant whose
discharge is requested;
b)There is no other direct evidence available for the
proper prosecution of the offense committed,
except the testimony of said
respondent/accused-informant;
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c) The testimony of said
respondent/accused-informant can be
substantially corroborated in its material
points;
d) The respondent/accused-informant
has not been previously convicted of a
crime involving moral turpitude; and
e) Said respondent/accused-informant
does not appear to be the most guilty

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Evidence adduced in support of the
discharge shall automatically form
part of the records of the
investigation.
Should the investigating body or
court deny the motion for request
for discharge as a witness, his/her
sworn statement shall be
inadmissible as evidence.
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IMPLEMENTING RULES AND REGULATIONS

(Section 16, R.A. No. 9485)

The Civil Service Commission, in coordination with the


Development Academy of the Philippines, the Office of the
Ombudsman and the Presidential Anti-Graft Commission
shall promulgate the necessary rules and regulations.

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ULTIMATE GOAL OF RA 9485:
Happy and satisfied
customers/constituents
Greater efficiency in the utilization of
public resources
Reduced vulnerability and incidence of
corruption
Improved citizens trust and confidence in
government
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Civil Service Commission - CAR
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Thank you.

God bless us all


Civil Service Commission - CAR