10.2 RA 6713 — Code of Conduct & Ethical Standards

RA 6713 — The Code of Conduct and Ethical Standards

Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, was approved on February 20, 1989. It carries into statute the constitutional command (Article XI) that "public office is a public trust," requiring officials to serve with utmost responsibility, integrity, loyalty, and efficiency, to act with patriotism and justice, and to lead modest lives. The law binds all government officials and employees — elective and appointive, permanent or temporary, career or non-career — with narrow exceptions for the judiciary and Congress, which maintain their own codes for their members. As a future civil servant you are directly bound by RA 6713, and the General Information portion of the CSE-PPT tests it heavily.

The Eight Norms of Conduct (Section 4)

Section 4 states eight norms of conduct that every public servant must observe and promote. The exam typically asks you to identify one of them, or to spot the item that is NOT a norm.

A useful memory aid: three of the eight (professionalism, justness and sincerity, simple living) describe how you should behave personally, while the others describe your relationship to the public and the State.

Duties, the 15-Day Rule, and the SALN (Sections 5 and 8)

Section 5 — Duties of public officials and employees. Officials must act promptly on letters and requests from the public within fifteen (15) working days from receipt, stating the action taken; submit annual performance reports; process documents and papers expeditiously; act immediately on the public's personal transactions; and make documents accessible to the public. The 15-working-day rule is one of the single most frequently tested facts in this domain — note it is fifteen working days, not calendar days.

Section 8 — Statement of Assets, Liabilities, and Net Worth (SALN). Every public official and employee must file a SALN together with a disclosure of business interests and financial connections. It is filed within 30 days after assumption of office, on or before April 30 of every year thereafter, and within 30 days after separation from the service. The SALN must include the assets of the official's spouse and unmarried children under 18 years of age living in the household. SALNs are public documents and may be examined by any citizen, subject to reasonable regulation. Section 9 adds a divestment duty: an official must resign from a conflicting private position within 30 days and divest conflicting shareholdings within 60 days of assuming office.

Prohibited Acts, Incentives, and Penalties (Sections 6, 7, and 11)

Section 7 — Prohibited acts and transactions. A public official or employee must not: (a) have a financial or material interest in any transaction requiring their approval; (b) engage in outside employment or the private practice of a profession that conflicts with official functions; (c) disclose or misuse confidential information; or (d) solicit or accept gifts in the course of official duties that may influence official action. The gift rule has a nuance the exam loves: gifts of nominal or insignificant value, or tokens or souvenirs given in accordance with custom, are allowed — it is influence-buying gifts that are banned.

Section 6 — Incentives and rewards. A Committee on Awards to Outstanding Public Officials and Employees grants recognition for exemplary service — bonuses, citations, directorships, scholarship grants, paid vacations, and automatic promotion.

Section 11 — Penalties. Violations may be punished with imprisonment not exceeding five (5) years, a fine not exceeding PHP 5,000, or both, together with disqualification to hold public office. Importantly, a violation proven in a proper administrative proceeding is sufficient cause for removal or dismissal even without a criminal prosecution.

A common exam trap: RA 6713 versus related laws

Do not confuse RA 6713 with the Anti-Graft and Corrupt Practices Act (RA 3019) or the Plunder Law (RA 7080). RA 6713 sets ethical standards and norms of conduct (the 8 norms, the 15-day rule, the SALN); RA 3019 punishes specific corrupt acts by public officers; and RA 7080 punishes plunder (amassing ill-gotten wealth of at least PHP 50 million). Worked scenario: a records officer accepts a modest, customary token of thanks from a citizen whose request she already granted — under Section 7 this is allowed, because the token is of insignificant value and did not influence her action. Had she demanded cash before releasing the document, she would have violated both RA 6713 and RA 3019.