7.4 RA 6713 (Code of Conduct and Ethical Standards for Public Officials)

Republic Act No. 6713, enacted on February 20, 1989, is known as the Code of Conduct and Ethical Standards for Public Officials and Employees. It operationalizes the constitutional policy that "Public office is a public trust" by establishing explicit behavioral norms, mandatory duties, statutory prohibitions, financial disclosures, and conflict-of-interest rules applicable to all personnel across the Philippine government.

Coverage & Scope (Section 2 & 3)

RA 6713 applies universally to all public officials and employees in the Philippine government:

• Elective and appointive officials;
• Permanent, temporary, contractual, or casual employees;
• Personnel holding career or non-career positions;
• Members of the Armed Forces of the Philippines (AFP) and Philippine National Police (PNP); and
• Officers and employees of Government-Owned or Controlled Corporations (GOCCs).

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The Eight Statutory Norms of Conduct (Section 4)

Section 4 mandates that every public official and employee shall observe eight fundamental standards of personal conduct:

1. Commitment to Public Interest: Always uphold the public interest over and above personal interest. All government resources and funds must be used efficiently, effectively, and economically, avoiding waste and extravagance.
2. Professionalism: Perform and discharge duties with the highest degree of excellence, professionalism, intelligence, and skill. Serve the public with utmost devotion and dedication.
3. Justness and Sincerity: Remain true to the people at all times. Act with fairness and sincerity, and refrain from discriminating against anyone on account of party affiliation, religion, wealth, or social status.
4. Political Neutrality: Provide service to everyone without unfair discrimination and regardless of party affiliation or preference.
5. Responsiveness to the Public: Extend prompt, courteous, and adequate service to the public. State officers must provide information on agency policies and procedures in clear and understandable language.
6. Nationalism and Patriotism: Maintain at all times loyalty to the Republic and to the Filipino people, promote the use of locally produced goods, and preserve national sovereignty.
7. Commitment to Democracy: Commit to the democratic way of life and values, maintain the principle of public accountability, and manifest high regard for the supremacy of civilian authority over the military.
8. Simple Living: Lead modest lives appropriate to their positions and income. Avoid ostentatious displays of wealth or extravagant lifestyles.

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Mandatory Administrative Duties (Section 5)

In the performance of their official functions, public officials and employees are bound by strict statutory deadlines:

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Prohibited Acts and Transactions (Section 7)

Section 7 defines specific transactions and activities that are illegal for public officers:

1. Financial and Material Interest

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

2. Outside Employment and Restricted Activities

Public officials and employees during their incumbency shall NOT:

• Own, control, manage, or accept employment as officer, employee, consultant, or counsel in any private enterprise regulated, licensed, or supervised by their office, unless expressly allowed by law;
• Engage in the private practice of their profession unless authorized by Constitution or law, provided that such practice will not conflict or tend to conflict with their official functions; or
• Recommend any person to any position in a private enterprise which has a regular or pending transaction with their office.

3. Post-Employment Restriction (1-Year Rule)

For a period of one (1) year after resignation, retirement, or separation from public service, a former public official shall not practice his profession in connection with any matter before the office he used to be with, nor manage or operate any private enterprise affected by any official action taken by him during his tenure.

4. Disclosure and Misuse of Confidential Information

Officials shall not use or divulge confidential or classified information acquired by reason of their office to give undue advantage to any person or further private interests.

5. Solicitation and Acceptance of Gifts

Public officials shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, 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 their office. Statutory Exceptions: Unsolicited gifts of nominal value, customary gifts given during holidays or special occasions according to local custom, or souvenir items of minimal value.

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Statement of Assets, Liabilities, and Net Worth (SALN) — Section 8

All public officials and employees (except those serving in an uncompensated capacity or casual/temporary workers performing manual labor) must file under oath a true and detailed SALN containing all real and personal properties, liabilities, net worth, business interests, financial connections, and names of relatives in government within the fourth civil degree of consanguinity or affinity.

                  ┌───────────────────────────────────────────────────┐
                  │   MANDATORY SALN FILING TIMEFRAMES (Sec. 8)       │
                  └─────────────────────────┬─────────────────────────┘
                                            │
         ┌──────────────────────────────────┼──────────────────────────────────┐
         ▼                                  ▼                                  ▼
┌─────────────────────────┐    ┌─────────────────────────┐    ┌─────────────────────────┐
│     Upon Assumption     │    │     Annual Filing       │    │     Upon Separation     │
├─────────────────────────┤    ├─────────────────────────┤    ├─────────────────────────┤
│ Filed within thirty (30)│    │ Filed on or before      │    │ Filed within thirty (30)│
│ days after assumption of│    │ April 30 of every year  │    │ days after separation   │
│ office (as of date of   │    │ (declaring status as of │    │ or retirement from the  │
│ assumption).            │    │ Dec 31 of preceding yr).│    │ service.                │
└─────────────────────────┘    └─────────────────────────┘    └─────────────────────────┘

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Conflict of Interest & Mandatory Divestment (Section 9)

A Conflict of Interest arises when a public official is a member of a board, an officer, or a substantial stockholder of a private corporation, or owner of a business interest, and the interest of such corporation or business may be opposed to the personal interest of the official or opposed to the public interest.

When a conflict of interest arises, the official must choose between two statutory remedies:

1. Resignation: Resign from his position in the private business enterprise within thirty (30) days from assumption of office or occurrence of the conflict; OR
2. Divestment: Divest himself of his shareholdings or interest in the private business within sixty (60) days from assumption of office or occurrence of the conflict.

Penalties (Section 11)

Violations of RA 6713 carry administrative penalties of reprimand, suspension up to one (1) year, or dismissal from service. Criminal violations carry imprisonment not exceeding five (5) years, a fine not exceeding P5,000, and disqualification to hold public office.