CHAPTER I

Article XI of the 1987 Philippine Constitution:

Accountability of the Public Officers1
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.
Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members
of the Constitutional Commissions, and the Ombudsman may be removed from office on
impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust. All other public officers and
employees may be removed from office as provided by law, but not by impeachment.
Section 3.
1. The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.
2. A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution or endorsement by any Member
thereof, which shall be included in the Order of Business within ten session days, and
referred to the proper Committee within three session days thereafter. The Committee,
after hearing, and by a majority vote of all its Members, shall submit its report to the
House within sixty session days from such referral, together with the corresponding
resolution. The resolution shall be calendared for consideration by the House within ten
session days from receipt thereof.
3. A vote of at least one-third of all the Members of the House shall be necessary either to
affirm a favorable resolution with the Articles of Impeachment of the Committee, or
override its contrary resolution. The vote of each Member shall be recorded.
4. In case the verified complaint or resolution of impeachment is filed by at least one-third
of all the Members of the House, the same shall constitute the Articles of Impeachment,
and trial by the Senate shall forthwith proceed.
5. No impeachment proceedings shall be initiated against the same official more than once
within a period of one year.
6. The Senate shall have the sole power to try and decide all cases of impeachment. When
sitting for that purpose, the Senators shall be on oath or affirmation. When the President
of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but
shall not vote. No person shall be convicted without the concurrence of two-thirds of all
the Members of the Senate.
1 . Article XI of 1987 Philippine Constitution.

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 7. Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to prosecution, trial, and punishment,
according to law.
8. The Congress shall promulgate its rules on impeachment to effectively carry out the
purpose of this section.
Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function
and exercise its jurisdiction as now or hereafter may be provided by law.
Section 5. There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise
be appointed.
Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies,
shall be appointed by the Ombudsman, according to the Civil Service Law.
Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special
Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be
provided by law, except those conferred on the Office of the Ombudsman created under this
Constitution.
Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines,
and at the time of their appointment, at least forty years old, of recognized probity and
independence, and members of the Philippine Bar, and must not have been candidates for any
elective office in the immediately preceding election. The Ombudsman must have, for ten years
or more, been a judge or engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the same disqualifications and prohibitions as
provided for in Section 2 of Article 1X-A of this Constitution.
Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at
least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees
for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies
shall be filled within three months after they occur.
Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and they shall receive the same salary which
shall not be decreased during their term of office.
Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the election immediately
succeeding their cessation from office.
Section 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on
complaints filed in any form or manner against public officials or employees of the Government,

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or any subdivision, agency or instrumentality thereof, including government-owned or controlled
corporations, and shall, in appropriate cases, notify the complainants of the action taken and the
result thereof.
Section 13. The Office of the Ombudsman shall have the following powers, functions, and
duties:
1. Investigate on its own, or on complaint by any person, any act or omission of any public
official, employee, office or agency, when such act or omission appears to be illegal,
unjust, improper, or inefficient.
2. Direct, upon complaint or at its own instance, any public official or employee of the
Government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and
expedite any act or duty required by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
3. Direct the officer concerned to take appropriate action against a public official or
employee at fault, and recommend his removal, suspension, demotion, fine, censure, or
prosecution, and ensure compliance therewith.
4. Direct the officer concerned, in any appropriate case, and subject to such limitations as
may be provided by law, to furnish it with copies of documents relating to contracts or
transactions entered into by his office involving the disbursement or use of public funds
or properties, and report any irregularity to the Commission on Audit for appropriate
action.
5. Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents.
6. Publicize matters covered by its investigation when circumstances so warrant and with
due prudence.
7. Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in
the Government and make recommendations for their elimination and the observance of
high standards of ethics and efficiency.
8. Promulgate its rules of procedure and exercise such other powers or perform such
functions or duties as may be provided by law.
Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly released.
Section 15. The right of the State to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees, shall not be barred by prescription,
laches, or estoppel.

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Section 16. No loan, guaranty, or other form of financial accommodation for any business
purpose may be granted, directly or indirectly, by any government-owned or controlled bank or
financial institution to the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any
firm or entity in which they have controlling interest, during their tenure.
Section 17. A public officer or employee shall, upon assumption of office and as often thereafter
as may be required by law, submit a declaration under oath of his assets, liabilities, and net
worth. In the case of the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices,
and officers of the armed forces with general or flag rank, the declaration shall be disclosed to
the public in the manner provided by law.
Section 18. Public officers and employees owe the State and this Constitution allegiance at all
times and any public officer or employee who seeks to change his citizenship or acquire the
status of an immigrant of another country during his tenure shall be dealt with by law.

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 CHAPTER II
Republic Act No. 6713:
AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL
STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD
THE TIME-HONORED PRINCIPLE 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 PURPOSES2
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::

Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical Standards for
Public Officials and Employees."

Section 2. Declaration of Policies. - It is the policy of the State to promote a high standard of
ethics in public service. Public officials and employees shall at all times be accountable to the
people and shall discharge their duties with utmost responsibility, integrity, competence, and
loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over
personal interest.

Section 3. Definition of Terms. - As used in this Act, the term:

(a) "Government" includes the National Government, the local governments, and all other
instrumentalities, agencies or branches of the Republic of the Philippines including government-
owned or controlled corporations, and their subsidiaries.lawphi1.net

(b) "Public Officials" includes 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.

(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or 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.

2 . www.lawphil.net.

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(d) "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.

(e) "Loan" covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.

(f) "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.

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

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

(i) "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.

(j) "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.

(k) "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.

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and
employee shall observe the following as standards of personal conduct in the discharge and
execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always uphold the
public interest over and above personal interest. All government resources and powers of their
respective offices must be employed and used efficiently, effectively, honestly and economically,
particularly to avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge their duties
with the highest degree of excellence, professionalism, intelligence and skill. They shall enter

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public service with utmost devotion and dedication to duty. They shall endeavor to discourage
wrong perceptions of their roles as dispensers or peddlers of undue patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to the people at all
times. They must act with justness and sincerity and shall not discriminate against anyone,
especially the poor and the underprivileged. They shall 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. They shall not dispense or extend undue favors on
account of their office to their relatives whether by consanguinity or affinity except with respect
to appointments of such relatives to positions considered strictly confidential or as members of
their personal staff whose terms are coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to everyone without
unfair discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall extend prompt,
courteous, and adequate service to the public. Unless otherwise provided by law or when
required by the public interest, public officials and employees shall provide information of 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 and develop an understanding and
appreciation of the socio-economic conditions prevailing in the country, especially in the
depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be 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. They shall endeavor to
maintain and defend Philippine sovereignty against foreign intrusion.

(g) Commitment to democracy. - 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. They shall at all times uphold the
Constitution and put loyalty to country above loyalty to persons or party.

(h) Simple living. - Public officials and employees and their families shall lead modest lives
appropriate to their positions and income. They shall not indulge in extravagant or ostentatious
display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of
these standards including the dissemination of information programs and workshops authorizing
merit increases beyond regular progression steps, to a limited number of employees recognized
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by their office colleagues to be outstanding in their observance of ethical standards; and (2)
continuing research and experimentation on measures which provide positive motivation to
public officials and employees in raising the general level of observance of these standards.

Section 5. Duties of Public Officials and Employees. - In the performance of their duties, all
public officials and employees are under obligation to:lawphi1.net

(a) Act promptly on letters and requests. - All public officials and employees shall, within fifteen
(15) working days from receipt thereof, respond to letters, telegrams or other means of
communications sent by the public. The reply must contain the action taken on the request.

(b) Submit annual performance reports. - All heads or other responsible officers of offices and
agencies of the government and of government-owned or controlled corporations shall, within
forty-five (45) working days from the end of the year, render a performance report of the agency
or office or corporation concerned. Such report shall be open and available to the public within
regular office hours.

(c) Process documents and papers expeditiously. - All official papers and documents must be
processed and completed within a reasonable time from the preparation thereof and must contain,
as far as practicable, not more than three (3) signatories therein. In the absence of duly
authorized signatories, the official next-in-rank or officer in charge shall sign for and in their
behalf.

(d) Act immediately on the public's personal transactions. - All public officials and employees
must attend to anyone who wants to avail himself of the services of their offices and must, at all
times, act promptly and expeditiously.

(e) Make documents accessible to the public. - All public documents must be made accessible to,
and readily available for inspection by, the public within reasonable working hours.

Section 6. System of Incentives and Rewards. - A system of annual incentives and rewards is
hereby established in order to motivate and inspire public servants to uphold the highest
standards of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials
and Employees is hereby created composed of the following: the Ombudsman and Chairman of
the Civil Service Commission as Co-Chairmen, and the Chairman of the Commission on Audit,
and two government employees to be appointed by the President, as members.

It shall be the task of this Committee to conduct a periodic, continuing review of the
performance of public officials and employees, in all the branches and agencies of Government
and establish a system of annual incentives and rewards to the end that due recognition is given

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to public officials and employees of outstanding merit on the basis of the standards set forth in
this Act.

The conferment of awards shall take into account, among other things, the following: the years
of service and the quality and consistency of performance, the obscurity of the position, the level
of salary, the unique and exemplary quality of a certain achievement, and the risks or temptations
inherent in the work. Incentives and rewards to government officials and employees of the year
to be announced in public ceremonies honoring them may take the form of bonuses, citations,
directorships in government-owned or controlled corporations, local and foreign scholarship
grants, paid vacations and the like. They shall likewise be automatically promoted to the next
higher position with the commensurate salary suitable to their qualifications. In case there is no
next higher position or it is not vacant, said position shall be included in the budget of the office
in the next General Appropriations Act. The Committee on Awards shall adopt its own rules to
govern the conduct of its activities.

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:

(1) Own, control, 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;

(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

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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:

(1) To further their private interests, or give undue advantage to anyone; or

(2) To prejudice the public interest.

(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.

As to gifts or grants from foreign governments, the Congress consents to:

(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;

(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or
fellowship grant or medical treatment; or

(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.

Section 8. Statements and Disclosure. - Public officials and employees have an obligation to
accomplish and submit declarations under oath of, and the public has the right to know, their
assets, liabilities, net worth and financial and business interests including those of their spouses
and of unmarried children under eighteen (18) years of age living in their households.

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(A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials and
employees, except those who serve in an honorary capacity, laborers and casual or temporary
workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a
Disclosure of Business Interests and Financial Connections and those of their spouses and
unmarried children under eighteen (18) years of age living in their households.

The two documents shall contain information on the following:

(a) real property, its improvements, acquisition costs, assessed value and current fair market
value;

(b) personal property and acquisition cost;

(c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like;

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

(a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(c) within thirty (30) days after separation from the service.

All public officials and employees required under this section to file the aforestated documents
shall also execute, within thirty (30) days from the date of their assumption of office, the
necessary authority in favor of the Ombudsman to obtain from all appropriate government
agencies, including the Bureau of Internal Revenue, such documents as may show their assets,
liabilities, net worth, and also their business interests and financial connections in previous years,
including, if possible, the year when they first assumed any office in the Government.

Husband and wife who are both public officials or employees may file the required statements
jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests and
Financial Connections shall be filed by:

(1) Constitutional and national elective officials, with the national office of the Ombudsman;
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(2) Senators and Congressmen, with the Secretaries of the Senate and the House of
Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court; Judges,
with the Court Administrator; and all national executive officials with the Office of the
President.

(3) Regional and local officials and employees, with the Deputy Ombudsman in their respective
regions;

(4) Officers of the armed forces from the rank of colonel or naval captain, with the Office of the
President, and those below said ranks, with the Deputy Ombudsman in their respective regions;
and

(5) All other public officials and employees, defined in Republic Act No. 3019, as amended,
with the Civil Service Commission.

(B) Identification and disclosure of relatives. - It shall be the duty of every public official or
employee to identify and disclose, to the best of his knowledge and information, his relatives in
the Government in the form, manner and frequency prescribed by the Civil Service Commission.

(C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall be made
available for inspection at reasonable hours.

(2) Such statements shall be made available for copying or reproduction after ten (10) working
days from the time they are filed as required by law.

(3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to
cover the cost of reproduction and mailing of such statement, as well as the cost of certification.

(4) Any statement filed under this Act shall be available to the public for a period of ten (10)
years after receipt of the statement. After such period, the statement may be destroyed unless
needed in an ongoing investigation.

(D) Prohibited acts. - 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; or

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

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Section 9. Divestment. - A public official or employee shall avoid conflicts of interest at all
times. When a conflict of interest arises, he shall resign from his position in any private business
enterprise within thirty (30) days from his assumption of office and/or divest himself of his
shareholdings or interest within sixty (60) days from such assumption.

The same rule shall apply where the public official or employee is a partner in a partnership.

The requirement of divestment shall not apply to those who serve the Government in an
honorary capacity nor to laborers and casual or temporary workers.

Section 10. Review and Compliance Procedure. - (a) The designated Committees of both Houses
of the Congress shall establish procedures for the review of statements to determine whether said
statements which have been submitted on time, are complete, and are in proper form. In the
event a determination is made that a statement is not so filed, the appropriate Committee shall so
inform the reporting individual and direct him to take the necessary corrective action.

(b) In order to carry out their responsibilities under this Act, the designated Committees of both
Houses of Congress shall have the power within their respective jurisdictions, to render any
opinion interpreting this Act, in writing, to persons covered by this Act, subject in each instance
to the approval by affirmative vote of the majority of the particular House concerned.

The individual to whom an opinion is rendered, and any other individual involved in a similar
factual situation, and who, after issuance of the opinion acts in good faith in accordance with it
shall not be subject to any sanction provided in this Act.

(c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof
insofar as their respective offices are concerned, subject to the approval of the Secretary of
Justice, in the case of the Executive Department and the Chief Justice of the Supreme Court, in
the case of the Judicial Department.

Section 11. Penalties. - (a) Any public official or employee, regardless of whether or not he holds
office or employment in a casual, temporary, holdover, permanent or regular capacity,
committing any violation of this Act shall be punished with a 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 by the appropriate body or agency. If the
violation is punishable by a heavier penalty under another law, he shall be prosecuted under the
latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment
not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and,
in the discretion of the court of competent jurisdiction, disqualification to hold public office.

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(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause
for removal or dismissal of a public official or employee, even if no criminal prosecution is
instituted against him.

(c) Private individuals who participate in conspiracy as co-principals, accomplices or

accessories, with public officials or employees, in violation of this Act, shall be subject to the
same penal liabilities as the public officials or employees and shall be tried jointly with them.

(d) The official or employee concerned may bring an action against any person who obtains or
uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such
action is brought may assess against such person a penalty in any amount not to exceed twenty-
five thousand pesos (P25,000). If another sanction hereunder or under any other law is heavier,
the latter shall apply.

Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of this Act.
- The Civil Service Commission shall have the primary responsibility for the administration and
enforcement of this Act. It shall transmit all cases for prosecution arising from violations of this
Act to the proper authorities for appropriate action: Provided, however, That it may institute such
administrative actions and disciplinary measures as may be warranted in accordance with law.
Nothing in this provision shall be construed as a deprivation of the right of each House of
Congress to discipline its Members for disorderly behavior.

The Civil Service Commission is hereby authorized to promulgate rules and regulations
necessary to carry out the provisions of this Act, including guidelines for individuals who render
free voluntary service to the Government. The Ombudsman shall likewise take steps to protect
citizens who denounce acts or omissions of public officials and employees which are in violation
of this Act.

Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be construed to
derogate from any law, or any regulation prescribed by anybody or agency, which provides for
more stringent standards for its official and employees.

Section 14. Appropriations. - The sum necessary for the effective implementation of this Act
shall be taken from the appropriations of the Civil Service Commission. Thereafter, such sum as
may be needed for its continued implementation shall be included in the annual General
Appropriations Act.

Section 15. Separability Clause. - If any provision of this Act or the application of such provision
to any person or circumstance is declared invalid, the remainder of the Act or the application of
such provision to other persons or circumstances shall not be affected by such declaration.

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Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof inconsistent
herewith, are deemed repealed or modified accordingly, unless the same provide for a heavier
penalty.

Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the
completion of its publication in the Official Gazette or in two (2) national newspapers of general
circulation.

Approved, February 20, 1989.

CHAPTER III

Canons of Lawyers and Canons of Judges

Canons of Lawyers3

3 . http://www.chanrobles.com

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PREAMBLE

In the Philippines, where the stability of courts and of all departments of government rests upon
the approval of the people, it is peculiarly essential that the system for establishing and
dispensing justice be developed to a high point of efficiency and so maintained that the public
shall have absolute confidence in the integrity and impartiality of its administration. The future
of the Republic, to a great extent, depends upon our maintenance of justice pure and unsullied. It
cannot be so maintained unless the conduct and the motives of the members of our profession are
such as to merit the approval of all just men.

No code or set of rules can be framed, which will particularize all the duties of the lawyer in the
varying phase of litigation or in all the relations of professional life. The following canons of
ethics are adopted by the Philippine Bar Association as a general guide, yet the enumeration of
particular duties should not be construed as a denial of the existence of others equally imperative,
though not specifically mentioned.

1. The duty of the lawyer to the courts

It is the duty of the lawyer to maintain towards the courts a respectful attitude, not for the sake of
the temporary incumbent of the judicial office, but for the maintenance of its supreme
importance. Judges, not being wholly free to defend themselves, are peculiarly entitled to receive
the support of the bar against unjust criticism and clamor. Whenever there is proper ground for
serious complaint of a judicial officer, it is the right and duty of the lawyer to submit his
grievances to the proper authorities. In such cases, but not otherwise, such charges should be
encouraged and the person making them should be protected.

2. The selection of judges

It is the duty of the bar to endeavor to prevent political considerations from outweighing judicial
fitness in the selection of judges. It should protest earnestly and actively against the appointment
of those who are unsuitable for the bench; and it should strive to have elevated thereto only those
willing to forego other employments whether of a business, political or other character, which
may embarrass their free and fair consideration of questions before them for decision. The
aspiration of lawyers for judicial position should be governed by an impartial estimate of their
ability to add to the office and not by a desire for the distinction the position may bring to
themselves.

3. Attempts to exert personal influence of the court

Marked attention and unusual hospitality on the part of a lawyer to a judge, uncalled for by the
personal relations of the parties, subject both the judge and the lawyer to misconstructions of
16
motive and should be avoided. A lawyer should not communicate or argue privately with the
judge as to the merits of a pending cause and deserves rebuke and denunciation for any device or
attempt to gain from a judge special personal consideration or favor. A self-respecting
independence in the discharge of professional duty, without denial or diminution of the courtesy
and respect due the judge's station, is the only proper foundation for cordial personal and official
relations between bench and bar.

4. Counsel for an indigent prisoner

A lawyer assigned as counsel for an indigent prisoner ought not to ask to be excused for any
trivial reason and should always exert his best efforts in his behalf.

5. The defense or prosecution of those accused of crime

It is the right of the lawyer to undertake the defense of a person accused of crime, regardless of
his personal opinion as to the guilt of the accused; otherwise, innocent persons, victims only of
suspicious circumstances, might be denied proper defense. Having undertaken such defense, the
lawyer is bound, by all fair and honorable means, to present every defense that the law of the
land permits, to the end that no person may be deprived of life or liberty but by due process of
law.
The primary duty of a lawyer engaged in public prosecution is not to convict but to see that
justice is done. The suppression of facts or the secreting of witnesses capable of establishing the
innocence of the accused is highly reprehensible.

6. Adverse influence and conflicting interests

It is a duty of a lawyer at the time of retainer to disclose to the client all the circumstances of his
relations to the parties and any interest in or connection with the controversy, which might
influence the client in the selection of counsel.

It is unprofessional to represent conflicting interests, except by express consent of all concerned

given after a full disclosure of the facts. Within the meaning of this canon, a lawyer represents
conflicting interests when, in behalf of one client, it is his duty to contend for that which duty to
another client requires him to oppose.

The obligation to represent the client with undivided fidelity and not to divulge his secrets or
confidence forbids also subsequent acceptance of retainers or employment from others in matters
adversely affecting any interest of the client with respect to which confidence has been reposed.

7. Professional colleagues and conflicts of opinions

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A client's proffer of assistance of additional counsel should not be regarded as evidence of want
of confidence, but the matter should be left to the determination of the client. A lawyer should
decline association as colleague if it is objectionable to the original counsel, but if the lawyer
first retained is relieved, another may come into the case.

When lawyers jointly associated in a cause cannot agree as to any matter vital to the interest of
the client, the conflict of opinion should frankly stated to him for his final determination. His
decision should be accepted unless the nature of the difference makes it impracticable for the
lawyer whose judgment has been overruled to cooperate effectivity. In this event it is his duty to
ask the client to relieve him.

Efforts, direct or indirect, in any way to encroach upon the professional employment of another
lawyer are unworthy of those who should be brethren at the bar; but, nevertheless, it is the right
of any lawyer, without fear or favor, to give proper advice to those seeking relief against
unfaithful or neglectful counsel, generally after communication with the lawyer against whom
the complaint is made.

8. Advising upon the merits of a client's cause

A lawyer should endeavor to obtain full knowledge of his client's cause before advising thereon,
and he is bound to give a candid opinion of the merits and probable result of pending or
contemplated litigation. The miscarriages to which justice is subject, by reason of surprises and
disappointments in evidence and witnesses, through mistakes and errors of courts, even though
only occasional, admonish lawyers to beware of bold and confident assurances to clients,
especially where the employment may depend upon such assurance. Whenever the controversy
will admit of fair judgment, the client should be advised to avoid or to end the litigation.

9. Negotiations with opposite party

A lawyer should not in any way communicate upon the subject of controversy with a party
represented by counsel, much less should he undertake to negotiate or compromise the matter
with him, but should deal only with his counsel. It is incumbent upon the lawyer most
particularly to avoid everything that may tend to mislead a party not represented by counsel, and
he should not undertake to advise him as to the law.

10. Acquiring interest in litigation

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The lawyer should not purchase any interest in the subject matter of the litigation which he is
conducting.

11. Dealing with trust property

The lawyer should refrain from any action whereby for his personal benefit or gain he abuses or
takes advantage of the confidence reposed in him by his client.

Money of the client or collected for the client or other trust property coming into the possession
of the lawyer should be reported and accounted for promptly and should not under any
circumstances be commingled with his own or be used by him.

12. Fixing the amount of the fee

In fixing fees, lawyers should avoid charges which over estimate their advice and services, as
well as those which undervalue them. A client's ability to pay cannot justify a charge in excess of
the value of the service, though his poverty may require a less charge, or even none at all. The
reasonable requests of brother lawyers, and of their widows and orphans without ample means,
should receive special and kindly consideration.

In determining the amount of the fees, it is proper to consider: ( 1 ) the time and labor required,
the novelty and difficulty of the questions involved and the skill required to properly conduct the
cause; (2) whether the acceptance of employment in the particular case will preclude the lawyer's
appearance for others in cases likely to arise out of the transaction, and in which there is a
reasonable expectation that otherwise he would be employed in the particular case or
antagonisms with other clients; (3) the customary charges of the bar for similar services; (4) the
amount involved in the controversy and the benefits resulting to the client from the services; (5)
the contingency or the certainty of the compensation; and (6) the character of the employment,
whether casual or for an established and constant client. Not one of these considerations in itself
is controlling. They are mere guides in ascertaining the real value of the service.

In determining the customary charges of the bar for similar services, it is proper for a lawyer to
consider a schedule of minimum fees adopted by a bar association, but no lawyer should permit
himself to be controlled thereby or to follow it as his sole guide in determining the amount of his
fee.

In fixing fees, it should not be forgotten that the profession is a branch of the administration of
justice and not a mere money-getting trade.

13. Contingent fees

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A contract for a contingent fee, where sanctioned by law, should be reasonable under all the
circumstances of the case including the risk and uncertainty of the compensation, but should
always be subject to the supervision of a court, as to its reasonableness.

14. Suing a client for a fee

Controversies with clients concerning compensation are to be avoided by the lawyer so far as
shall be compatible with his self respect and with his right to receive reasonable recompense for
his service; and lawsuits with the clients should be resorted to only to prevent injustice,
imposition or fraud.

15. How far a lawyer may go in supporting a client's cause

Nothing operates more certainly to create or to foster popular prejudice against lawyers as a
class, and to deprive the profession of that full measure of public esteem and confidence which
belongs to the proper discharge of its duties than does the false claim. Often set up by the
unscrupulous for the defense of questionable transactions, that it is the duty of the lawyer to do
whatever may enable him to succeed in winning his client's cause.

It is improper for a lawyer to assert in argument his personal belief in his client's innocence or in
the justice of his cause.

The lawyer owes "entire devotion to the interest of the client, warm zeal in the maintenance and
defense of his rights and the exertion of his utmost learning and ability," to the end that nothing
be taken or be withheld from him, save by the rules of law, legally applied. No fear of judicial
disfavor or public popularity should restrain him from the full discharge of his duty. In the
judicial forum the client is entitled to the benefit of any and every remedy and defense that is
authorized by the law of the land, and he may expect his lawyer to assert every such remedy or
defense. But it is steadfastly to be borne in mind that the great trust of the lawyer is to be
performed within and not without the bounds of the law. The office of attorney does not permit,
much less does it demand of him for any client, violation of law or any manner of fraud or
chicanery, he must obey his own conscience and not that of his client.

16. Restraining clients from improprieties

A lawyer should use his best efforts to restrain and to prevent his clients from doing those things
which the lawyer himself ought not to do, particularly with reference to their conduct towards
courts, judicial officers, jurors, witnesses and suitors. If a client persists in such wrongdoings the
lawyer should terminate their relation.

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17. Ill-feelings and personalities between advocates

Clients, not lawyers, are the litigants. Whatever may be the ill-feeling existing between clients,
should not be allowed to influence counsel in their conduct and demeanor toward each other or
toward suitors in the case. All personalities between counsels should be scrupulously avoided. In
the trial of a cause it is indecent to allude to the personal history or the personal peculiarities and
idiosyncrasies of counsel on the other side. Personal colloquies between counsel which cause
delay and promote unseemly wrangling should also be carefully avoided.

18. Treatment of witnesses and litigants

A lawyer should always treat adverse witnesses and suitors with fairness and due consideration,
and he should never minister to the malevolence or prejudices of a client in the trial or conduct of
a cause. The client cannot be made the keeper of the lawyer's conscience in professional matter.
He has no right to demand that his counsel shall abuse the opposite party or indulge in offensive
personalities. Improper speech is not excusable on the ground that it is what the client would say
if speaking in his own behalf.

19. Appearance of lawyer as witness for his client

When a lawyer is a witness for his client, except as to merely formal matters, such as the
attestation or custody of an instrument and the like, he should leave the trial of the case to other
counsel. Except when essential to the ends justice, a lawyer should avoid testifying in behalf of
his client.

20. Newspaper discussion of pending litigation

Newspaper publication by a lawyer as to pending or anticipated litigation may interfere with a

fair trial in the courts and otherwise the due administration of justice. Generally, they are to be
condemned. If the extreme circumstances of a particular case justify a statement to the public, it
is unprofessional to make it anonymous. An ex parte reference to the facts should not go beyond
quotation from the records and papers on file in the court; but even in extreme cases it is better to
avoid an ex parte statement.

21. Punctuality and expedition

It is the duty of the lawyer not only to his client, but also to the courts and to the public to be
punctual in attendance, and to be concise and direct in the trial and disposition of causes.
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22. Candor and fairness

The conduct of the lawyer before the court and with other lawyers should be characterized by
candor and fairness.

It is not candid nor fair for the lawyer knowingly to misquote the contents of a paper, the
testimony of a witness, the language or the argument of opposing counsel, of the language of a
decision or a textbook; or with knowledge of its invalidity, to cite as authority a decision that has
been overruled or a statute that has been repealed, or in argument to assert as a fact that which
has not been proved, or in those jurisdictions where a side has the opening and closing arguments
to mislead his opponent by concealing or withholding positions in his opening argument upon
which his side then intends to rely.

It is unprofessional and dishonorable to deal other than candidly with the facts in taking the
statements of witnesses, in drawing affidavits and other documents, and in the presentation of
causes.

A lawyer should not offer evidence which he knows the court should reject, in order to get the
same before the jury by arguments for its admissibility, nor should he address to the judge
arguments upon any points not properly calling for determination by him. Neither should he
introduce into an argument, addressed to the court, remarks or statements intended to influence
the bystanders.

23. Attitude towards jury

All attempts to curry favor with juries by fawning flattery or pretended solicitude for their
personal comfort are unprofessional. Suggestions of counsel, looking to the comfort or
convenience of jurors, and propositions to dispense with arguments, should be made to the court
out of the jury's hearing. A lawyer must never converse privately with jurors about the case; and
both before and during the trial he should avoid communicating with them even as to matters
foreign to the cause.

24. Right of lawyer to control the incidents of the trial

As to incidental matters pending trial, not affecting the merits of the cause, or working
substantial prejudice to the rights of the client, such as forcing the opposite lawyer to trial when
22
he is under affliction or bereavement; forcing the trial on a particular day to the injury of the
opposite lawyer when no harm will result from a trial at different time; agreeing to an extension
of time for signing a bill of exceptions, cross interrogatories and the like, the lawyer must be
allowed to judge. In such matters no client has a right to demand that his counsel shall be
illiberal, or that he does anything therein repugnant to his own sense of honor and propriety.

25. Taking technical advantage of opposite counsel; Agreement with him

A lawyer should not ignore known customs or practice of the bar or of a particular court, even
when the law permits, without giving timely notice to the opposite counsel. As far as possible,
important agreements, affecting the rights of clients, should be reduced to writing, but it is
dishonorable to avoid performance of an agreement fairly made because it is not reduced to
writing, as required by the Rules of Court.

26. Professional advocacy other than before courts

A lawyer openly, and in his true character may render professional services before legislative or
other bodies, regarding proposed legislation and in advocacy of claims before departments of
government upon the same principles of ethics which justify his appearance before courts; but it
is unprofessional for a lawyer so engaged, to conceal his attorneyship, or to employ secret
personal solicitations, or to use means other than those addressed to reason and understanding, to
influence action.

27. Advertising, direct or indirect

It is unprofessional to solicit professional employment by circulars, advertisements, through

touters, or by personal communications or interviews not warranted by personal relations.
Indirect advertisements for professional employment such as furnishing or inspiring newspaper
comments, or procuring his photograph to be published in connection with causes in which the
lawyer has been or is engaged or concerning the manner of their conduct, the magnitude of the
interest involved, the importance of the lawyer's position, and all other like-laudation, offend the
traditions and lower the tone of our profession and are reprehensible; but the customary use of
simple professional cards is not improper.

Publication in reputable law lists in a manner consistent with the standards of conduct imposed
by those canons of brief biographical and informative data is permissible. Such data must not be
misleading and may include only a statement of the lawyer's name and the names of his
professional associates; addresses, telephone numbers, cable addresses; branches of the
23
profession practiced; date and place of birth and admission to the bar; schools attended; with
dates of graduation, degrees and other educational distinctions; public or quasi-public offices;
posts of honor; legal authorship; legal teaching positions; memberships and offices in bar
associations and committees thereof, in legal and scientific societies and legal fraternities; the
fact of references; and, with their written consent, the names of clients regularly represented. A
certificate of compliance with the Rules and Standards issued by the Special Committee on Law
Lists may be treated as evidence that such list is reputable.

28. Stirring up litigation, directly or through agents

It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where
ties of blood, relationship or trust make it his duty to do so. Stirring up strife and litigation is not
only unprofessional, but it is indictable at common law. It is disreputable to hunt up defects in
titles or other causes of action and inform thereof in order to be employed to bring suit or collect
judgment, or to breed litigation by seeking out those with claims for personal injuries or those
having any other grounds of action in order to secure them as clients, or to employ agents or
runners for like purposes, or to pay or reward, directly or indirectly, those who bring or influence
the bringing of such cases to his office, or to remunerate policemen, court or prison officials,
physicians, hospital attaches or others who may succeed under the guise of giving disinterested
friendly advice, in influencing the criminal, the sick and the injured, the ignorant or others, to
seek his professional services. A duty to the public and to the profession devolves upon every
member of the bar having knowledge of such practices upon the part of any practitioner
immediately to inform thereof, to the end that the offender may be disbarred.

29. Upholding the honor of the profession

Lawyers should expose without fear or favor before the proper tribunal corrupt or dishonest
conduct in the profession, and should accept without hesitation employment against a member of
the bar who has wronged his client. The counsel upon the trial of a cause in which perjury has
been committed owes it to the profession and to the public to bring the matter to the knowledge
of the prosecuting authorities. The lawyer should aid in guarding the bar against admission to the
profession of candidates unfit or unqualified because deficient in either moral character or
education. He should strive at all times to uphold the honor and to maintain the dignity of the
profession and to improve not only the law but the administration of justice.

30. Justifiable and unjustifiable litigations

The lawyer must decline to conduct a civil cause or to make a defense when convicted that it is
intended merely to harass or to injure the opposite party or to work oppression or wrong. But
otherwise it is right, and having accepted retainer, it becomes his duty to insist upon the
24
judgment of the court as to the legal merits of his client's claim. His appearance in court should
be deemed equivalent to an assertion on his honor that in his opinion his client's case is one
proper for judicial determination.

31. Responsibility for litigation

No lawyer is obliged to act either as adviser or advocate for every person who may wish to
become his client. He has the right to decline employment.

Every lawyer upon his own responsibility must decide what employment he will accept as
counsel, what causes he will bring into court for plaintiffs, what case he will contest in court for
defendants. The responsibility for advising as to questionable defenses is the lawyer's
responsibility. He cannot escape it but urging as an excuse that he is only following his client's
instructions.

32. The lawyer's duty in its last analysis

No client corporate or individual, however, powerful nor any cause, civil or political, however
important, is entitled to receive nor should any lawyer render any service or advice involving
disloyalty to the laws whose ministers we are, or disrespect of the judicial office, which we are
bound to uphold, or corruption of any person or persons exercising a public office or private
trust, or deception or betrayal of the public. When rendering any such improper service or
advice, the lawyer invites and merits stern and just condemnation. Correspondingly, he advances
the honor of his profession and the best interests of his client when he renders service or gives
advice tending to impress upon the client and his undertaking exact compliance with the strictest
principles of moral law. He must also observe and advice his client to observe the statute law,
though until a statute shall have been construed and interpreted by competent adjudication he is
free and is entitled to advise as to its validity and as to what he conscientiously believes to be its
just meaning and extent. But above all a lawyer will find his highest honor in a deserved
reputation for fidelity to private trust and to public duty, as an honest man and as a patriotic and
loyal citizen.

33. Partnership - names

Partnerships among lawyers for the practice of their profession are very common and are not to
be condemned. In the formation of partnerships and the use of partnership names, care should be
taken not to violate any law, custom, or rule of court locally applicable. Where partnerships are
formed between lawyers who are not all admitted to practice in the courts of the state, care
should be taken to avoid any misleading name or representation which would create a false
impression as to the professional position or privilege of the member not locally admitted.

25
In the formation of partnerships for the practice of law no person should be admitted or held out
as practitioner or member who is not a member of the legal profession duly authorized to
practice, and amenable to professional discipline. In the selection and use of a firm name, no
false, misleading, and assumed or trade name should be used. The continued use of the name of a
deceased or former partner, when permissible by local custom, is not unethical, but care should
be taken that no imposition or deception is practiced through this use. When a member of the
firm, on becoming a judge, is precluded from practicing law, his name should not be continued
in the firm name.

Partnership between lawyers and members of other professions or non-professional persons

should not be formed or permitted where any part of the partnership's employment consists of the
practice of law.

34. Division of fee

No division of fees for legal services is proper, except with another lawyer, based upon a
division of service or responsibility.

35. Intermediaries

The professional services of a lawyer should not be controlled or exploited by any lay agency,
personal or corporate, which intervenes between client and lawyer. A lawyer's responsibilities
and qualifications are individual. He should avoid all relations which direct the performance of
his duties by or in the interest of such intermediary. A lawyer's relation to his client should be
personal, and his responsibility should be direct to the client. Charitable societies rendering aid to
the indigents are not deemed such intermediaries.

A lawyer may accept employment from any organization, such as an association, club or trade
organization, to render legal services in any matter in which the organization, as an entity, is
interested, but this employment should not include the rendering of legal services to the members
of such an organization in respect to their individual affairs.

36. Retirement from judicial position or public employment

A lawyer should not accept employment as an advocate in any matter upon the merits of which
he has previously acted in a judicial capacity.

A lawyer, having once held public office or having been in the public employ should not, after
his retirement, accept employment in connection with any matter he has investigated or passed
upon while in such office or employ.

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37. Confidence of a client

It is the duty of a lawyer to preserve his client's confidences. This duty outlasts the lawyer's
employment and extends as well to his employees; and neither of them should accept
employment, which involves or may involve the disclosure or use of these confidences, either for
the private advantages of the client, without his knowledge and consent, and even though there
are other available sources of such information. A lawyer should not continue employment when
he discovers that this obligation prevents the performance of his full duty to his former or to his
new client.

If a lawyer is accused by his client, he is not precluded from disclosing the truth in respect to the
accusation. The announced intention of a client to commit a crime is not included within the
confidence which he is bound to respect. He may properly make such disclosure as may be
necessary to prevent the act or protect those against whom it is threatened.

38. Compensation, commissions and rebates

A lawyer should accept no compensation, commissions, rebates or other advantages from others
without the knowledge and consent of his client after full disclosure.

39. Witness

A lawyer may properly interview any witness or prospective witness for the opposing side in any
civil or criminal action without the consent of opposing counsel or party. In doing so, however,
he should scrupulously avoid any suggestion calculated to induce the witness to suppress or
deviate from the truth, or in any degree to affect his free and untrammeled conduct when
appearing at the trial or on the witness stand.

40. Newspapers
A lawyer may with propriety write articles for publications in which he gives information upon
the law; but he could not accept employment from such publication to advice inquiries in respect
to their individual rights.

41. Discovery of imposition and deception

When a lawyer discovers that some fraud or deception has been practiced, which was unjustly
imposed upon the court or party, he should endeavor to rectify it; at first by advising his client,
and should endeavor to rectify it; at first by advising his client, and if his client refuses to forego

27
the advantage thus unjustly gained, he should promptly inform the injured person or his counsel,
so that they may take appropriate steps.

42. Expenses

A lawyer may not properly agree with a client that the lawyer shall pay or beat the expense of
litigation; he may in good faith advance expenses as a matter of convenience, but subject to
reimbursement.

43. Approved law lists

It is improper for a lawyer to permit his name to be published in a law list the conduct,
management or contents of which are calculated or likely to deceive or injure the public or the
profession, or to lower the dignity or standing of the profession.

44. Withdrawal from employment as attorney or counsel

The right of an attorney or counsel to withdraw from employment, once assumed, arises only
from good cause. Even the desire or consent of the client is not always sufficient. The lawyers
should not throw up the unfinished task to the detriment of his client except for reasons of honor
or self-respect. If the client insists upon an unjust or immoral course in the conduct of his case, or
if he persists over the attorney's remonstrance in presenting frivolous defenses, or if he
deliberately disregards an agreement or obligation as to fees or expenses, the lawyer may be
warranted in withdrawing on due notice to the client, allowing him time to employ another
lawyer. So, also, when a lawyer discovers that his client has no case and the client is determined
to continue it; or even if the lawyer finds himself incapable of conducting the case effectively.
Sundry other instances may arise in which withdrawal is to be justified. Upon withdrawal from a
case after a retainer has been paid, the attorney should refund such part of the retainer as has not
been clearly earned.

45. Specialists

The canons of the Philippine Bar Association apply to all branches of the legal profession;
specialist in particular branches are not to be considered as exempt from the application of these
principles.

46. Notice of specialized legal service

Where a lawyer is engaged in rendering a specialized legal service directly and only to other
lawyers, a brief, dignified notice of the fact, couched in language indicating that it is addressed to
28
lawyers, inserted in legal periodicals and like publications, when it will afford convenient and
beneficial information to lawyers desiring to obtain such service, is not improper.

47. Aiding the unauthorized practice of law

No lawyer shall permit his professional services, or his name to be used in aid of, or to make
possible, the unauthorized practice of law by any lay agency, personal or corporate.

Canons of Judges4

In the interest of the administration of justice, the following Canons of Judicial Ethics, proposed
by the Philippine Bar Association and approved by the judges of First Instance of Manila are
hereby adopted for the guidance of and observance by the judges under the administrative
supervision of the Department of Justice (now of the Supreme Court), including municipal
judges and city judges:

1. Relations of the judiciary

The assumption of the office of judge casts upon the incumbent duties in respect to his personal
conduct which concern his relation to the State and its inhabitants, the litigants before him, the
principles of law, the practitioners of law in his court, and the witnesses and attendants who aid
him in the administration of its functions.

2. The public interest

The courts exist to promote justice; and thus to aid in securing the contentment and happiness of
the people. Their administration should be speedy and careful. Every judge should at all times be
alert in his rulings and in the conduct of the business of his court, so far as he can, to make it
useful to litigants and to the community. He should avoid unconsciously failing into the attitude
of mind that the litigants are made for the courts instead of the courts for the litigants.

3. Avoidance of appearance of impropriety

4 . Administrative Order No. 162 dated August 1, 1946 of the Department of Justice

29
A judge's official conduct should be free from the appearance of impropriety, and his personal
behavior, not only upon the bench and in the performance of judicial duties, but also in his
everyday life, should be beyond reproach.

4. Essential conduct

He should be temperate, patient, attentive, impartial, and, since he is to administer the law and
apply it to the facts, he should be studious of the principles of the law, diligent in endeavoring to
ascertain the facts.

5. Industry

He should exhibit an industry and application commensurate with the duties imposed upon him.

6. Promptness

He should be prompt in disposing of all matters submitted to him, remembering that justice
delayed is often justice denied.

7. Punctuality

He should be punctual in the performance of his judicial duties, recognizing that the time of
litigants, witnesses, and attorneys is of value and that if the judge is unpunctual in his habits he
sets a bad example to the bar and tends to create dissatisfaction with the administration of justice.

8. Court organization

He should organize his court with a view to prompt and convenient dispatch of its business and
he should not tolerate abuses and neglect by clerks, sheriffs, and other assistants who are
sometimes prone to presume too much upon his good-natured acquiescence by reason of friendly
association with him.

9. Consideration for witnesses and others

He should be considerate of witnesses and others in attendance upon his court.chan robles virtual
law library

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10. Courtesy and civility

Judges should be courteous to counsel, especially to those who are young and inexperienced, and
also to all others concerned in the administration of justice in their courts.

They should also require, and, as far as their power extends, enforce on the part of clerks, court
officers and counsel civility and courtesy to witnesses, litigants and others having business with
the court.

11. Appointments of the judiciary and their compensation

Trustees, receivers, masters, referees, guardians, and administrators appointed by a judge to aid
in the administration of justice under his supervision should have the strictest probity and
impartiality and should be selected with a view solely to their character and competency.
Patronage of a judge is conferred by him for no personal or partisan advantage. A judge should
not permit his appointments to be controlled by others than himself, and he should avoid the
allowance of excessive compensation to the appointees. He should also avoid nepotism in his
appointments.

12. Kinship or influence of parties and counsel

A judge should not, unless it is unavoidable, sit in litigation where a near relative is a party or of
counsel; and he should not suffer his conduct to create the impression that any person can unduly
influence him or enjoy his favor, or that he is affected by the rank, position, or influence of any
party.

13. Independence

A judge should not be swayed by public claim or considerations of personal popularity.

14. Interference to conduct of trial

While a judge may properly intervene in a trial of a case to promote expedition and prevent
unnecessary waste of time, or to clear up some obscurity, nevertheless, he should bear in mind
that his undue interference, impatience, or participation in the examination of witnesses, or a
severe attitude on his part toward witnesses, especially those who are excited or terrified by the
unusual circumstances of trial, may tend to prevent the proper presentation of the cause, or the
ascertainment of the truth in respect thereto.
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Conversation between the judge and counsel in court is often necessary, but the judge should be
studious to avoid controversies which are apt to obscure the merits of the dispute between
litigants and lead to its unjust disposition. In addressing counsel, litigants, or witnesses, he
should avoid a controversial tone.

He should avoid interruptions of counsel in their arguments except to clarify his mind as to their
positions, and he should not be tempted to an unnecessary display of learning or a premature
judgment.

15. Ex parte applications

Judges should discourage ex parte hearing of applications for injunctions and receivership where
the order may work detriment to absent parties; they should act upon ex parte applications only
where the necessity for quick action is clearly shown; if this be demonstrated, then the judge
should endeavor to counter act the effect of the absence of opposing counsel by a scrupulous
cross-examination and investigation as to the facts and the principles of law upon which the
application is based, granting relief only when fully satisfied that the law permits it and the
emergency demands it. The judge should remember that an injunction is a limitation upon the
freedom of action of defendants and should not be granted lightly or inadvisedly. one applying
for such relief must sustain the burden of showing clearly its necessity and this burden is
increased in the absence of the party whose freedom of action is to be restrained even though
only temporarily.

16. Continuances

Delay in the administration of justice is a common cause of complaint; counsel is frequently

responsible for this delay. Judges, without being arbitrary or forcing cases unreasonably or
unjustly to trial when unprepared, to the detriment of parties, may well endeavor to hold counsel
to a proper appreciation of their duties to the public to their own clients, and to the adverse party
and his counsel, so as to enforce due diligence in the dispatch of business before the court.

17. Judicial opinions

In disposing of controverted cases, judges should indicate the reasons for their action in opinions
showing that they have not disregarded or overlooked serious arguments of counsel. They should
show their full understanding of the case, avoid the suspicion of arbitrary conclusion, promote
confidence in their intellectual integrity and contribute useful precedents to the growth of the
law.

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But the volume of reported decisions is such and is ever so increasing that in writing opinions
which are to be published, judges may well take this fact into consideration, and curtail them
accordingly, without substantially departing from the principles stated above. It is of high
importance that judges constituting a court of last resort should use effort and self-restraint to
promote solidarity of conclusion and the consequent influence of judicial decision. A judge
should not yield to pride of opinion or value more highly his individual reputation than that of
the court to which he should be loyal. Therefore, except in case of conscientious difference of
opinion on fundamental principle, dissents should be discouraged.

18. Influence of decisions upon the development of the law

A Judge should be mindful that his duty is the application of general law to particular instance,
that ours is a government of laws and not of men, and that he violates his duty as a minister of
justice under such a system if he seeks to do what he may personally consider substantial justice
in a particular case and disregards the general law as he knows it to be binding on him. Such
action may have detrimental consequences beyond the immediate controversy. He should
administer his office with a due regard to the integrity of the system of the law itself,
remembering that he is not a depository of arbitrary power, but a judge under the sanction of law.

19. Idiosyncrasies and inconsistence

Justice should not be bounded by the individual idiosyncrasies of those who administer it. A
judge should adopt the usual and expected method of doing justice, and not seek to be extreme or
peculiar in his judgment, or spectacular or sensational in the conduct of his court. Though vested
with discretion in the imposition of mild or severe sentence, he should not compel persons
convicted or accused to submit to some humiliating act or discipline of his own devising, without
authority of law, because he thinks it will have a beneficial corrective influence.

Judges imposing sentence should endeavor to conform to a reasonable standard of punishment

and should not seek popularity either by exceptional severity or undue leniency.

20. Review

In order that a litigant may secure the full benefit of the right of review accorded to him by law, a
trial judge should scrupulously grant to the defeated party opportunity to present the situation
arising upon the trial exactly as it arose, was presented, and decided by full and fair bill of
exceptions or otherwise; and failure in this regard on the part of the judge is peculiarly worthy of
condemnation because the wrong done is remediable.

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21. Legislation

Judges have exceptional opportunity to observe the operation of statutes, especially those
relating to practice, and to ascertain whether they tend to impede the just disposition of
controversies; and they may well contribute to the public interest by advising those having
authority to remedy defects of procedure of the result of their observation and experience.

22. Infractions of law

The judge should be studiously careful himself to avoid even the slightest infraction of the law,
lest it be a demoralizing example to others.

23. Inconsistent obligations

A judge should not accept inconsistent duties; nor incur obligations, pecuniary or otherwise,
which will in any way interfere with his devotion to the expeditious and proper administration of
his official functions.

24. Business promotions and solicitations for charity

He should avoid giving ground for any reasonable suspicion that in utilizing the power or
prestige of his office to persuade or coerce others to patronize or contribute, either to the success
of private business ventures, or to charitable enterprises. He should, therefore, not enter into such
private business, or pursue such a course of conduct, as would justify such suspicion, nor use the
power of his office or the influence of his name to promote the business interest of others; he
should not solicit for charities, nor should he enter into any business relation which, in the
normal course of events reasonably to be expected, might bring his personal interests into
conflict with the impartial performance of his official duties.

25. Personal investments and relations

A Judge should abstain from making personal investments in enterprises which are apt to be
involved in litigation in his court; and, after accession to the bench, he should not retain such
investments previously made, longer than a period sufficient to enable him to dispose of them
without serious loss. It is desirable that he should, so far as reasonably possible, refrain from all
relations which would normally tend to arouse the suspicion that such relations warp or bias his
judgment, or prevent his impartial attitude of mind in the administration of his judicial duties.

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It is highly improper for a judge to utilize information coming to him in a juridical capacity for
purposes of speculation and it detracts from the public confidence in his integrity and the
soundness of judicial judgment for him at any time to become a speculative investor upon the
hazard of a margin.

26. Executorships and trusteeships

While judges are not disqualified from holding executorships or trusteeships, they should not
accept or continue to hold any fiduciary or other position if the holding of it would interfere or
seem to interfere with the proper performance of their judicial duties, or if the business interests
of those represented require investments in enterprises that are apt to come before the court, or to
be involved in questions of law to be determined by it.

27. Partisan politics

While entitled to entertain his personal view on political questions, and while not required to
surrender his rights or opinions as a citizen, it is inevitable that suspicion of being warped by
political bias will attach to a judge who becomes the active promoter of the interests of one
political party against another.

A Judge should avoid making political speeches, contributions to party funds, the public
endorsement of candidates for political office, or participating in party conventions.

28. Self-interest

He should abstain from participating in any judicial act in which his personal interests are
involved. If he has personal litigation in the court of which he is judge, he need not resign his
judgeship on that account, but he should, of course, refrain from any judicial act in such a
controversy.

29. Gifts and favors

He should not accept any presents or favors from litigants or from lawyers practicing before him.

30. Social relations

It is not necessary to the proper performance of judicial duty that judges should live in retirement
or seclusion; it is desirable that, so far as the reasonable attention to the completion of their work
will permit, they continue to mingle in social intercourse, and that they should not discontinue
their interests in or appearance at meetings of members of the bar. A judge should, however, in
35
pending or prospective litigation before him be scrupulously careful to avoid such action as may
reasonably tend to waken the suspicion that his social or business relations or friendships
constitute an element in determining his judicial course.

31. A summary of judicial obligations

A judge's conduct should be above reproach and in the discharge of his judicial duties he should
be conscientious, studious, thorough, courteous, patient, punctual, just, impartial, fearless of
public clamor, and regardless of private influence should administer justice according to law and
should deal with the patronage of the position as a public trust; and he should not allow outside
matters or his private interests to interfere with the prompt and proper performance of his office.

CHAPTER VI
Code of Ethics for Teachers, Nurses, Engineers, Architects, Captain and Land
Transportation Office

Board of Professional Teachers5

Inhibition against the Practice of the Teaching Profession Except as otherwise allowed under this
Act, no person shall practice or offer to practice the teaching profession in the Philippines or be
appointed as teacher to any position without having previously obtained a valid certificate of
registration and a valid professional license from the Commission.

Penal Provisions
The following shall be punishable by a fine of not less than Five thousand pesos (P5,000.00) nor
more than twenty thousand pesos (P20,000.00) or imprisonment of not less than six (6) months
nor more than five (5) years or both at the discretion of the court.
a. Any person who practices the teaching profession in the Philippines without being certified in
accordance with the provisions of this Act;
b. Any person who represent or attempts to use as his own certificate of registration that of the
other;
5. www.prc.gov.ph

36
c. Any person who gives any false or fraudulent evidence of any kind to the Board or any
member thereof in obtaining a certificate of registration as teacher.
d. Any person who impersonates any registrant of the same or different name;
e. Any person who uses a revoked or suspended certificate of registration;
f. Any person who, in connection with his name, otherwise assumes, uses or advertises any title
or description tending to convey or conveys the impression that he is a teacher without holding a
valid certificate; and
g. Any person who violates or who abets the violation of any of the provisions of this Act. The
penalty of fine or imprisonment or both, as provided in the section, shall also apply to any school
or school official who shall cause or be responsible for the Commission of any of the above-
enumerated acts.

Code of Ethics for Teachers6

Pursuant to the provisions of paragraph (e), Article 11, of R.A. No. 7836, otherwise known as the
Philippine Teachers Professionalization Act of 1994 and paragraph (a), section 6, P.D. No. 223,
as amended, the Board for Professional Teachers hereby adopt the Code of Ethics for
Professional Teachers.

Preamble

Teachers are duly licensed professionals who possess dignity and reputation with high moral
values as well as technical and professional competence in the practice of their noble profession,
and they strictly adhere to, observe, and practice this set of ethical and moral principles,
standards, and values.

Article I: Scope and Limitations

Section 1. The Philippine Constitution provides that all educational institution shall offer quality
education for all competent teachers. Committed to its full realization, the provision of this Code
shall apply, therefore, to all teachers in schools in the Philippines.

Section 2. This Code covers all public and private school teachers in all educational institutions
at the preschool, primary, elementary, and secondary levels whether academic, vocational,
6. eduphil.org

37
special, technical, or non-formal. The term “teacher” shall include industrial arts or vocational
teachers and all other persons performing supervisory and /or administrative functions in all
school at the aforesaid levels, whether on full time or part-time basis.

Article II: The Teacher and the State

Section 1. The schools are the nurseries of the future citizens of the state; each teacher is a
trustee of the cultural and educational heritage of the nation and is under obligation to transmit to
learners such heritage as well as to elevate national morality, promote national pride, cultivate
love of country, instill allegiance to the constitution and for all duly constituted authorities, and
promote obedience to the laws of the state.

Section 2. Every teacher or school official shall actively help carry out the declared policies of
the state, and shall take an oath to this effect.

Section 3. In the interest of the State and of the Filipino people as much as of his own, every
teacher shall be physically, mentally and morally fit.

Section 4. Every teacher shall possess and actualize a full commitment and devotion to duty.

Section 5. A teacher shall not engage in the promotion of any political, religious, or other
partisan interest, and shall not, directly or indirectly, solicit, require, collect, or receive any
money or service or other valuable material from any person or entity for such purposes.

Section 6. Every teacher shall vote and shall exercise all other constitutional rights and
responsibility.

Section 7. A teacher shall not use his position or official authority or influence to coerce any
other person to follow any political course of action.

Section 8. Every teacher shall enjoy academic freedom and shall have privilege of expounding
the product of his researches and investigations; provided that, if the results are inimical to the
declared policies of the State, they shall be brought to the proper authorities for appropriate
remedial action.

Article III: The Teacher and the Community

Section 1. A teacher is a facilitator of learning and of the development of the youth; he shall,
therefore, render the best service by providing an environment conducive to such learning and
growth.

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Section 2. Every teacher shall provide leadership and initiative to actively participate in
community movements for moral, social, educational, economic and civic betterment.

Section 3. Every teacher shall merit reasonable social recognition for which purpose he shall
behave with honor and dignity at all times and refrain from such activities as gambling, smoking,
drunkenness, and other excesses, much less illicit relations.

Section 4. Every teacher shall live for and with the community and shall, therefore, study and
understand local customs and traditions in order to have sympathetic attitude, therefore, refrain
from disparaging the community.

Section 5. Every teacher shall help the school keep the people in the community informed about
the school’s work and accomplishments as well as its needs and problems.

Section 6. Every teacher is intellectual leader in the community, especially in the barangay, and
shall welcome the opportunity to provide such leadership when needed, to extend counseling
services, as appropriate, and to actively be involved in matters affecting the welfare of the
people.

Section 7. Every teacher shall maintain harmonious and pleasant personal and official relations
with other professionals, with government officials, and with the people, individually or
collectively.

Section 8. A teacher posses freedom to attend church and worships as appropriate, but shall not
use his positions and influence to proselyte others.

Article IV: A Teacher and the Profession

Section 1. Every teacher shall actively insure that teaching is the noblest profession, and shall
manifest genuine enthusiasm and pride in teaching as a noble calling.

Section 2. Every teacher shall uphold the highest possible standards of quality education, shall
make the best preparations for the career of teaching, and shall be at his best at all times and in
the practice of his profession.

Section 3. Every teacher shall participate in the Continuing Professional Education (CPE)
program of the Professional Regulation Commission, and shall pursue such other studies as will
improve his efficiency, enhance the prestige of the profession, and strengthen his competence,
virtues, and productivity in order to be nationally and internationally competitive.

39
Section 4. Every teacher shall help, if duly authorized, to seek support from the school, but shall
not make improper misrepresentations through personal advertisements and other questionable
means.

Section 5. Every teacher shall use the teaching profession in a manner that makes it dignified
means for earning a descent living.

Article V: The Teachers and the Profession

Section 1. Teachers shall, at all times, be imbued with the spirit of professional loyalty, mutual
confidence, and faith in one another, self-sacrifice for the common good and full cooperation
with colleagues. When the best interest of the learners, the school, or the profession is at stake in
any controversy, teachers shall support one another.

Section 2. A teacher is not entitled to claim credit or work not of his own, and shall give due
credit for the work of others which he may use.

Section 3. Before leaving his position, a teacher shall organize for whoever assumes the position
such records and other data as are necessary to carry on the work.

Section 4. A teacher shall hold inviolate all confidential information concerning associates and
the school, and shall not divulge to anyone documents which has not been officially released, or
remove records from files without permission.

Section 5. It shall be the responsibility of every teacher to seek correctives for what may appear
to be an unprofessional and unethical conduct of any associate. However, this may be done only
if there is incontrovertible evidence for such conduct.

Section 6. A teacher may submit to the proper authorities any justifiable criticism against an
associate, preferably in writing, without violating the right of the individual concerned.

Section 7. A teacher may apply for a vacant position for which he is qualified; provided that he
respects the system of selection on the basis of merit and competence; provided, further, that all
qualified candidates are given the opportunity to be considered.

Article VI: The Teacher and Higher Authorities in the Profession

Section 1. Every teacher shall make it his duty to make an honest effort to understand and
support the legitimate policies of the school and the administration regardless of personal feeling
or private opinion and shall faithfully carry them out.

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Section 2. A teacher shall not make any false accusations or charges against superiors, especially
under anonymity. However, if there are valid charges, he should present such under oath to
competent authority.

Section 3. A teacher shall transact all official business through channels except when special
conditions warrant a different procedure, such as when special conditions are advocated but are
opposed by immediate superiors, in which case, the teacher shall appeal directly to the
appropriate higher authority.

Section 4. Every teacher, individually or as part of a group, has a right to seek redress against
injustice to the administration and to extent possible, shall raise grievances within acceptable
democratic possesses. In doing so, they shall avoid jeopardizing the interest and the welfare of
learners whose right to learn must be respected.
Section 5. Every teacher has a right to invoke the principle that appointments, promotions, and
transfer of teachers are made only on the basis of merit and needed in the interest of the service.

Section 6. A teacher who accepts a position assumes a contractual obligation to live up to his
contract, assuming full knowledge of employment terms and conditions.

Article VII: School Officials, Teachers, and Other Personnel

Section 1. All school officials shall at all times show professional courtesy, helpfulness and
sympathy towards teachers and other personnel, such practices being standards of effective
school supervision, dignified administration, responsible leadership and enlightened directions.

Section 2. School officials, teachers, and other school personnel shall consider it their
cooperative responsibility to formulate policies or introduce important changes in the system at
all levels.

Section 3. School officials shall encourage and attend the professional growth of all teachers
under them such as recommending them for promotion, giving them due recognition for
meritorious performance, and allowing them to participate in conferences in training programs.

Section 4. No school officials shall dismiss or recommend for dismissal a teacher or other
subordinates except for cause.

Section 5. School authorities concern shall ensure that public school teachers are employed in
accordance with pertinent civil service rules, and private school teachers are issued contracts
specifying the terms and conditions of their work; provided that they are given, if qualified,
subsequent permanent tenure, in accordance with existing laws.

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Article VIII: The Teachers and Learners

Section 1. A teacher has a right and duty to determine the academic marks and the promotions of
learners in the subject or grades he handles, provided that such determination shall be in
accordance with generally accepted procedures of evaluation and measurement. In case of any
complaint, teachers concerned shall immediately take appropriate actions, observing due process.

Section 2. A teacher shall recognize that the interest and welfare of learners are of first and
foremost concern, and shall deal justifiably and impartially with each of them.

Section 3. Under no circumstance shall a teacher be prejudiced or discriminate against a learner.

Section 4. A teacher shall not accept favors or gifts from learners, their parents or others in their
behalf in exchange for requested concessions, especially if undeserved.

Section 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other
what is authorized for such service.

Section 6. A teacher shall base the evaluation of the learner’s work only in merit and quality of
academic performance.

Section 7. In a situation where mutual attraction and subsequent love develop between teacher
and learner, the teacher shall exercise utmost professional discretion to avoid scandal, gossip and
preferential treatment of the learner.

Section 8. A teacher shall not inflict corporal punishment on offending learners nor make
deductions from their scholastic ratings as a punishment for acts which are clearly not
manifestation of poor scholarship.

Section 9. A teacher shall ensure that conditions contribute to the maximum development of
learners are adequate, and shall extend needed assistance in preventing or solving learner’s
problems and difficulties.

Article IX: The Teachers and Parents

Section 1. Every teacher shall establish and maintain cordial relations with parents, and shall
conduct himself to merit their confidence and respect.

Section 2. Every teacher shall inform parents, through proper authorities, of the progress and
deficiencies of learner under him, exercising utmost candor and tact in pointing out the learner’s

42
deficiencies and in seeking parent’s cooperation for the proper guidance and improvement of the
learners.

Section 3. A teacher shall hear parent’s complaints with sympathy and understanding, and shall
discourage unfair criticism.

Article X: The Teacher and Business

Section 1. A teacher has the right to engage, directly or indirectly, in legitimate income
generation; provided that it does not relate to or adversely affect his work as a teacher.

Section 2. A teacher shall maintain a good reputation with respect to the financial matters such as
in the settlement of his debts and loans in arranging satisfactorily his private financial affairs.

Section 3. No teacher shall act, directly or indirectly, as agent of, or be financially interested in,
any commercial venture which furnish textbooks and other school commodities in the purchase
and disposal of which he can exercise official influence, except only when his assignment is
inherently, related to such purchase and disposal; provided they shall be in accordance with the
existing regulations; provided, further, that members of duly recognized teachers cooperatives
may participate in the distribution and sale of such commodities.

Article XI: The Teacher as a Person

Section 1. A teacher is, above all, a human being endowed with life for which it is the highest
obligation to live with dignity at all times whether in school, in the home, or elsewhere.

Section 2. A teacher shall place premium upon self-discipline as the primary principle of
personal behavior in all relationships with others and in all situations.

Section 3. A teacher shall maintain at all times a dignified personality which could serve as a
model worthy of emulation by learners, peers and all others.

Section 4. A teacher shall always recognize the Almighty God as guide of his own destiny and of
the destinies of men and nations.

Article XII: Disciplinary Actions

Section 1. Any violation of any provision of this code shall be sufficient ground for the
imposition against the erring teacher of the disciplinary action consisting of revocation of his
Certification of Registration and License as a Professional Teacher, suspension from the practice
of teaching profession, or reprimand or cancellation of his temporary/special permit under causes
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specified in Sec. 23, Article III or R.A. No. 7836, and under Rule 31, Article VIII, of the Rules
and Regulations Implementing R.A. 7836.

Article XIII: Effectivity

Section 1. This Code shall take effect upon approval by the Professional Regulation Commission
and after sixty (60) days following its publication in the Official Gazette or any newspaper of
general circulation, whichever is earlier.

Board of Nursing

General Practice of Board of Nursing7

A fine of not less than Ten thousand pesos (P10,000.00) nor more than Forty thousand pesos
(P40,000.00) or imprisonment of not less than one (1) year nor more than six (6) years, or both,
in the discretion of the court, shall be imposed upon:

a. Any person practicing nursing in the Philippines within the meaning of this Act:

1. without a certificate of registration or without having been declared exempt from

examination in accordance with the provisions of this act;

2. Who uses as his/her own the certificate of registration of another;

3. Who uses an expired, suspended or revoked certificate of registration;

4. Who gives any false evidence to the board of Nursing in order to obtain a certificate of
registration;

5. Who falsely poses or advertises as a registered nurse or uses any other means that tend
to convey the impression that he or she is a registered nurse; or

6. Who appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) to

his/her name without having been conferred said degree or registration;

b. Any person who undertakes in-service educational programs or who conducts

review classes for both local and foreign examinations without permit/clearance from the

7. prc.gov.ph

44
 Philippine Nursing Association, the Board of Nursing and the appropriate office or
officer of the Department of Labor and Employment; and

c. Any person violating any provision of this Act.

Code of Ethics for Registered Nurses8

In the formulation of the Code of Ethics for Registered Nurses, the Code of Good Governance
for the Professions in the Philippines was utilized as the prinicipal basis therefor: All the
principles under the said Code were adopted and integrated into the Code of Ethics as they apply
to the nursing profession.

ARTICLE I - PREAMBLE
SECTION 1.
Health is a fundamental right of every individual. The Filipino registered nurse, believing in the
worth and dignity of each human being, recognizes the primary responsibility to preserve health
at all cost. This responsibility encompasses promotion of health, prevention of illness, alleviation
of suffering, and restoration of health. However, when the foregoing is not possible, assistance
towards a peaceful death shall be his/her obligation.

SECTION 2.
To assume this responsibility, registered nurses have to gain knowledge and understanding of
man’s cultural, social, spiritual, physiological, psychological, and ecological aspects of illness,
utilizing the therapeutic process. Cultural diversity and political and socio-economic status are
inherent factors to effective nursing care.

SECTION 3.
The desire for the respect and confidence of clientele, colleagues, co-workers, and the members
of the community provides the incentive to attain and maintain the highest possible degree of
ethical conduct.

ARTICLE II - REGISTERED NURSES AND PEOPLE

SECTION 4.
Ethical Principles
1. Values, customs, and spiritual beliefs held by individuals shall be respected.
2. Individual freedom to make rational and unconstrained decisions shall be respected.

8. Board of Nursing, Board Resolution No. 220 series of 2004; Republic Act No. 9173 or AN ACT PROVIDING FOR A MORE RESPONSIVE NURSING PROFESSION, REPEALING FOR
THE PURPOSE REPUBLIC ACT NO. 7164, OTHERWISE KNOWN AS "THE PHILIPPINE NURSING ACT OF 1991"

45
3. Personal information acquired in the process of giving nursing care shall be held in strict
confidence.

SECTION 5.
Guidelines to be observed:
REGISTERED Nurses must
a. consider the individuality and totality of patients when they administer care.
b. respect the spiritual beliefs and practices of patients regarding diet and treatment.
c. uphold the rights of individuals.
d. take into consideration the culture and values of patients in providing nursing care. However,
in the event of conflicts, their welfare and safety must take precedence.

ARTICLE III - REGISTERED NURSES AND PRACTICE

SECTION 6.
Ethical Principles
1. Human life is inviolable.
2. Quality and excellence in the care of the patients are the goals of nursing practice.
3. Accurate documentation of actions and outcomes of delivered care is the hallmark of nursing
accountability.

SECTION 7.
Guidelines to be observed:
REGISTERED Nurses must
a. know the definition and scope of nursing practice which are in the provisions of R. A. No.
9173, known as the “Philippine Nursing Act of 2002” and Board Res. No. 425, Series of 2003,
the “Rules and Regulations Implementing the Philippine Nursing Act. of 2002”, (the IRR).
b. be aware of their duties and responsibilities in the practice of their profession as defined in the
“Philippine Nursing Act of 2002” and the IRR.
c. acquire and develop the necessary competence in knowledge, skills, and attitudes to
effectively render appropriate nursing services through varied learning situations.
d. if they are administrators, be responsible in providing favorable environment for the growth
and developments of Registered Nurses in their charge.
e. be cognizant that professional programs for specialty certification by the BON are accredited
through the Nursing Specialty Certification Council (NSCC).
g. see to it that quality nursing care and practice meet the optimum standard of safe nursing
practice.
h. insure that modification of practice shall consider the principles of safe nursing practice.
i. if in position of authority in a work environment, be normally and legally responsible for
devising a system of minimizing occurrences of ineffective and unlawful nursing practice.

46
j. ensure that patients’ records shall be available only if they are to be issued to those who are
professionally and directly involved in their care and when they are required by law.

SECTION 8.
Ethical Principle
4. Registered Nurses are the advocates of the patients: they shall take appropriate steps to
safeguard their rights and privileges.

Guidelines to be observed:
REGISTERED Nurses must
a. respect the “Patients’ Bill of Rights” in the delivery of nursing care.
b. provide the patients or their families with all pertinent information except those which may be
deemed harmful to their well-being.
c. uphold the patients’ rights when conflict arises regarding management of their care.
SECTION 10.
Ethical Principle
5. Registered Nurses are aware that their actions have professional, ethical, moral, and legal
dimensions. They strive to perform their work in the best interest of all
concerned.

SECTION 11.
Guidelines to be observed:
REGISTERED Nurses must:
a. perform their professional duties in conformity with existing laws, rules regulations. measures,
and generally accepted principles of moral conduct and proper decorum.
b. not allow themselves to be used in advertisement that should demean the image of the
profession (i.e. indecent exposure, violation of dress code, seductive behavior, etc.).
c. decline any gift, favor or hospitality which might be interpreted as capitalizing on patients.
d. not demand and receive any commission, fee or emolument for recommending or referring a
patient to a physician, a co-nurse or another health care worker; not to pay any commission, fee
or other compensations to the one referring or recommending a patient to them for nursing care.
e. avoid any abuse of the privilege relationship which exists with patients and of the privilege
access allowed to their property, residence or workplace.

ARTICLE IV - REGISTERED NURSES AND CO-WORKERS

SECTION 12.
Ethical Principles
1. The Registered Nurse is in solidarity with other members of the healthcare team in working
for the patient’s best interest.
2. The Registered Nurse maintains collegial and collaborative working relationship with
colleagues and other health care providers.
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SECTION 13.
Guidelines to be observed:
REGISTERED Nurses must
a. maintain their professional role/identity while working with other members of the health team.
b. conform with group activities as those of a health team should be based on acceptable, ethico-
legal standards.
c. contribute to the professional growth and development of other members of the health team.
d. actively participate in professional organizations.
e. not act in any manner prejudicial to other professions.
f. honor and safeguard the reputation and dignity of the members of nursing and other
professions; refrain from making unfair and unwarranted comments or criticisms on their
competence, conduct, and procedures; or not do anything that will bring discredit to a colleague
and to any member of other professions.
g. respect the rights of their co-workers.

ARTICLE V - REGISTERED NURSES, SOCIETY, AND ENVIRONMENT

SECTION 14.
Ethical Principles
1. The preservation of life, respect for human rights, and promotion of healthy environment shall
be a commitment of a Registered Nurse.
2. The establishment of linkages with the public in promoting local, national, and international
efforts to meet health and social needs of the people as a contributing
member of society is a noble concern of a Registered Nurse.

SECTION 15.
Guidelines to be observed:
REGISTERED Nurses must
a. be conscious of their obligations as citizens and, as such, be involved in community concerns.
b. be equipped with knowledge of health resources within the community, and take active roles
in primary health care.
c. actively participate in programs, projects, and activities that respond to the problems of
society.
d. lead their lives in conformity with the principles of right conduct and proper decorum.
e. project an image that will uplift the nursing profession at all times.

ARTICLE VI - REGISTERED NURSES AND THE PROFESSION

SECTION 16.
Ethical Principles:
1. Maintenance of loyalty to the nursing profession and preservation of its integrity are ideal.

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2. Compliance with the by-laws of the accredited professional organization (PNA), and other
professional organizations of which the Registered Nurse is a member is
a lofty duty.
3. Commitment to continual learning and active participation in the development and growth of
the profession are commendable obligations.
4. Contribution to the improvement of the socio-economic conditions and general welfare of
nurses through appropriate legislation is a practice and a visionary mission.

SECTION 17.
Guidelines to be observed:
Registered Nurses must
a. be members of the Accredited Professional Organization (PNA).
b. strictly adhere to the nursing standards.
c. participate actively in the growth and development of the nursing profession.
d. strive to secure equitable socio-economic and work conditions in nursing through appropriate
legislation and other means.
e. assert for the implementation of labor and work standards.

ARTICLE VII - ADMINISTRATIVE PENALITIES, REPEALING CLAUSE, AND

EFFECTIVITY
SECTION 18.
The Certificate of Registration of Registered Nurse shall either be revoked or suspended for
violation of any provisions of this Code pursuant to Sec. 23 (f), Art. IV of
R. A. No. 9173 and Sec. 23 (f), Rule III of Board Res. No. 425, Series of 2003, the IRR.

SECTION 19.
The Amended Code of Ethics promulgated pursuant to R. A. No. 877 and P.D. No. 223 is
accordingly repealed or superseded by the herein Code.

SECTION 20.
This Code of Ethics for Nurses shall take effect after fifteen (15) days from its full and complete
publication in the Official Gazette or in any newspapers of general
circulation.

Board of Agricultural Engineering9

Practice defined
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49
 As used in this Act, the Practice of agricultural engineering shall refer to the profession requiring
the application of the fundamental and known principles of engineering to the peculiar condition
and requirements of agriculture as an industry and as a field of science, and shall include, but not
limited to, the following:

1. Consultation, valuation, investigation and management services on agricultural engineering;

2. Management or supervision and the preparation of engineering designs, plans, specifications,

project studies and estimates for agricultural, aquaculture and fishery, and forest product
machinery, agricultural buildings and structures, farm electrification and energy systems,
agricultural processing equipment, irrigation and soils conservation systems and facilities,
agricultural waste utilization systems and facilities;

3. Conducting research and development, training and extension work, and consultancy services on
agricultural engineering facilities/services, system and technologies;

4. Testing, evaluation and inspection of agricultural, fishery and forest product machinery and other
related agricultural engineering facilities and equipment.

5. Management, manufacturing and/or marketing of agricultural machinery and other related

agricultural engineering facilities and equipment;

6. Teaching, agricultural engineering subjects in institution of learning in the Philippines;

7. Employment with the government provided such item or position requires the knowledge and
expertise of an agricultural engineer.

Board of Chemical Engineering10

General Practice of Chemical Engineering

a. What constitutes practice of chemical engineering: A person shall be deemed to be practicing
chemical engineering or rendering chemical engineering service within the meaning and intent of
this Act who shall, for a fee, salary or other reward or compensation, paid to him or through
another person, or even without such reward or compensation, render or offer to render
professional chemical engineering service in the form of consultation, investigation, valuation,
planning, designing or preparation of specifications for or estimates of industrial plants or
undertake the supervision of construction, erection, installation, alteration, or operation of
industrial plants.

b. The term industrial plant as used in this Act, shall mean any plant in which unit process and unit
operation are involved.
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50
c. The term unit process as used in this Act, shall mean the type of chemical change which is
involved in the manufacture of industrial products.

d. The term unit operation as used in this Act, shall mean a type of physical operation by which a
desired step in an industrial process is controlled or conducted.

Board of Civil Engineering11

Practice defined
The practice of civil engineering within the meaning and intent of this Act shall embrace services
in the form of consultation, design, preparation of plans, specifications, estimates, erection,
installation and supervision of the construction of streets, bridges, highways, railroads, airports
and hangars, portworks, canals, river and shore improvements, lighthouses, and dry docks;
buildings, fixed structures for irrigation, flood protection, drainage, water supply and sewerage
works; demolition of permanent structures; and tunnels. The enumeration of any work in this
section shall not be construed as excluding any other work requiring civil engineering knowledge
and application.

Board of Electrical Engineering

Practice of Electrical Engineering

A person is deemed to be in the practice of electrical engineering when he renders or offers to
render professional electrical engineering service in the form of:

1. Consultation, investigation, valuation and management of services requiring electrical

engineering knowledge;

2. Design and preparation of plans, specifications and estimates for electric powers systems, power
plans, power distribution system including power transformers, transmissions lines and network
protection, switchgear, building wiring, electrical machines, equipment and others;

3. Supervision of erection, installation, testing and commissioning of power plans, substation,

transmission lines, industrial plans and others;

4. Supervisions of operation and maintenance of electrical equipment in powers plants, industrial

plants, watercrafts, electric locomotives and others;

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5. Supervisions on the manufacture and repair of electrical equipment including switchboards,
transformers, generators, motors, apparatus and others;

6. Teaching of electrical engineering professional subject; and

7. Taking charge of the sale and distribution of electrical equipment and systems requiring
engineering calculations or applications of engineering data.

Board of Mechanical Engineering

Philippine Mechanical Engineering Act of 1998

Practice of Mechanical Engineering - A person shall be deemed to be practicing mechanical
engineering or rendering mechanical engineering service within the meaning and intent of this
Act when he performs the following:

1. Consultation, valuation, investigation and management services requiring mechanical

engineering knowledge;

2. Engineering design, preparation of plans, specifications and projects studies or estimates for
mechanical equipment, machinery, or processes of any mechanical works, projects or plants;

3. Management or supervision of the erection, installation, alteration, testing and commissioning of

mechanical equipment, machinery, or processes in mechanical works, projects or plants;

4. Management, supervision, operation, tending or maintenance of any mechanical equipment,

machinery or processes in mechanical work, projects or plants;

5. Management or supervision of the manufacture, sale, supply or distribution of mechanical

equipment parts or components;

6. Teaching of mechanical engineering professional subjects in government recognized and

accredited engineering schools; and

7. Employment in government as a professional mechanical engineer, registered mechanical

engineer, or certified plant mechanic if the nature and character of his work is in line with his
profession requiring professional knowledge of the science of mechanical engineering.

Code of Ethics for Engineers12

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52
It shall be considered unprofessional and inconsistent with honorable and dignified bearing for
any members of the Association of Structural Engineers of the Philippines:

 To act for his client or for his employer otherwise than as a faithful agent or trustee.

 To accept remuneration for services rendered other than from his client or his employer.

 To invite or submit priced proposals under conditions those constitute price competition
for professional services.

 To attempt to supplant another engineer in a particular engagement after definite steps

have been taken toward his employment.

 To attempt to injure, falsely or maliciously, the professional reputation, business, or

employment position of another engineer.

 To review the work of another engineer for same client, except with the knowledge of
engineer, unless such engineer’s engagement on the work which is subject to review has
been terminated.

 To advertise engineering services in self-laudatory language, or in any other manner

derogatory to the dignity of the profession.

 To use the advantages of the salaried position to compete unfairly with other engineers.

 To exert undue influence or to other, solicit or accept compensation for the purpose of
affecting negotiations for an engineering engagement.

 To act in any manner derogatory to the honor, integrity or dignity of the engineering
profession.

Board of Architecture13

General practice of Architecture

The practice of architecture is hereby defined to be: The act of planning, architectural and
structural designing, specifying, supervising, and giving general administration and responsible
direction to the erection, enlargement or alterations of buildings and architectural design of
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engineering structures or any part thereof, the scientific, aesthetic and orderly coordination of all
the processes which enter into the production of a complete building or structure performed
through the medium of unbiased preliminary studies of plans, consultations, specifications,
conferences, evaluations, investigations, contract documents and oral advice and directions
regardless of whether the persons engaged in such practice are residents of the Philippines or
have their principal office or place of business in this or another country, and regardless of
whether such persons are performing one or all of these duties, or whether such duties are
performed in person or as the directing head of an office or organization performing them.

Code of Ethics for Architectures

ADOPTION AND PROMULGATION OF THE CODE OF ETHICAL CONDUCT FOR

REGISTERED AND LICENSED ARCHITECTS AND FOR HOLDERS OF
TEMPORARY/SPECIAL PERMITS UNDER R.A. NO. 9266, KNOWN AS "THE
ARCHITECTURE ACT OF 2004"
Pursuant to Section 7 (g), Article II of R.A. No. 9266, known as the “Architecture Act of 2004”
and Section 7 (g), Rule II of Board Resolution No. 07, Series of 2004, cited as "IRR of the
Architecture Act of 2004", the Professional Regulatory Board of Architecture (hereinafter called
Board), subject to approval by the Professional Regulation Commission (hereinafter called
Commission), resolves, as it is hereby resolved, to adopt and promulgate the hereunder Code of
Ethical Conduct for Registered and Licensed Architects and for holders of temporary/special
permits under the said R.A. No. 9266 and Board Res. No. 07 as prescribed and issued by the
United Architects of the Philippines, Inc. (UAP), the Integrated and Accredited Professional
Organization of Architects (IAPOA) in the Philippines by virtue of Board Res. No. 03, Series of
2004 as approved by the Commission.

ARTICLE I GENERAL PROVISIONS

Section 1. Traits of Architects. - The profession of Architecture calls for men and women of the
highest integrity, responsiveness, business acumen, sensibility, as well as artistic and technical
ability.

Section 2. Duties and Responsibilities. - The Architect's honesty of purpose must be beyond
reproach; he/she acts as professional adviser to his/her Client and his/her advice must be
unprejudiced; he/she is charged with the exercise of mediation and conciliation functions
between Client and Contractor and must act with entire impartiality; he/she has moral
responsibilities to his/her professional associates and subordinates; and he/she is engaged in a
profession which carries with it grave responsibilities to the public. These duties and
responsibilities cannot be properly discharged unless his/her motives, conduct, sense of moral
values, sensitivity, and ability are such as to command respect and confidence.

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 ARTICLE II THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO THE
PEOPLE

Section 3. Relations with the Public. - The Architect is engaged in a profession which carries
with it civic responsibilities towards the public, whether such responsibilities are the natural
outcome of good citizenship or of his/her professional pursuit, or whether they partake of
informative and educational matters or of his/her normal interest in public welfare; and,
accordingly, he or she:

3.1 shall respect and help conserve the systems of values and the natural, historic, and cultural
heritage of the community in which he/she creates architecture. He/she shall strive to improve
the environment and the life and habitat within it in a sustainable manner, fully mindful of the
effect of his/her work on the widest interests of all those who may reasonably be expected to use
the product of his/her work.

3.2 shall promote the interest of his/her professional organization and do his/her full part of the
work to enhance the objectives and services of the organization. He/she should share in the
interchange of technical information and experience with the other design professions and the
construction industry.

3.3 as a good citizen shall abide by and observe the laws and regulations of the government and
comply with the Code of Ethical Conduct and the Standards of Professional Practice. He/she
shall at all times endeavor to properly observe the laws on the practice of architecture and on the
planning and design of buildings and their environs. He/she shall at no time act in a manner
detrimental to the best interest of the architectural profession.

3.4 shall not use paid advertisement, nor use self-laudatory, exaggerated, or misleading publicity.
However, he/she may, in the context of advancing public knowledge of the Architect’s function
in society, as well as of architecture itself, opt to write books, be a regular columnist of a
publication, or be a contributor to the preparation of any other literature, or actively participate in
any forum, seminar, workshop, or similar assemblies through verbal or visual presentations and,
in the process, show his/her own true worth as a professional, in which case he/she may receive
remuneration or honorarium for such undertakings.

3.5 shall not solicit, nor permit to solicit, in his/her name, advertisements or other support
towards the cost of any publication presenting his/her work. He/she shall refrain from taking part
in paid advertisement endorsing any materials of construction or building equipment.

3.6 shall not deceive the public as to his/her professional competence, nor claim any professional
specialization unless supported by academic qualification, track record or relevant expertise,
professional resources available to him/her which will enable him/her to handle the work
particularly requiring such specialization and sanction, by his/her peers in the profession.

55
3.7 may exhibit his/her professional shingle outside his/her office, or display a project billboard
indicating relevant information, which may include pictorial reproduction thereof, in a modest
manner.

ARTICLE III THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

CLIENT

Section 4. Relations with the Client. - The Architect's relation to his/her Client is dependent upon
good faith. To ensure the continued existence of such state of good relationship, the Architect's
position carries with it certain moral obligations to his/her Client and to himself/herself. The
Architect shall always endeavor to protect the Client's interests but never at the expense of higher
public interests and public welfare; and, accordingly, he/she:

4.1 shall introduce to a prospective Client the professional services he/she is able to perform
provided it is limited to the presentation of examples of his/her professional-experience and does
not entail the offering of free preliminary sketches or other services without the benefit of an
agreement with the Client for legitimate compensation.

4.2 shall acquaint or ascertain from the Client, at the very inception of their business relationship,
the exact nature and scope of his/her services and properly inform the Client of the
corresponding professional fees.

4.3 shall advise a Client against proceeding with any project whose practicability may be
questionable due to financial or legal important and/or exigent conditions, even if such advice
may mean the loss of a prospective commission to the Architect.

4.4 shall explain the conditional character of estimates and in no case shall he/she guarantee any
estimates or cost of the work in order to secure a commission, unless provided for by law, as in
certain government projects.

4.5 shall consider the needs and stipulation of his/her Client and the effects of his/her work upon
the life and well-being of the public and the community as a whole and shall endeavor to meet
the aesthetic and functional requirements of the project commensurate with the Client's budget.

4.6 shall bill his/her Client for services rendered a professional fee commensurate with the work
involved and with his/her professional standing and experience based upon the Basic Minimum
Fee prescribed under the. "Standards of Professional Practice."

56
4.7 shall undertake the construction of a project even when the plans were prepared by him/her
when it conforms with pertinent sections of the "Standards of Professional Practice".

4.8 shall be compensated for his/her services solely through his/her professional fee billed
directly to the Client. He/she shall not ask for any other returns in whatever form from any
interested source other than the Client.

4.9 shall be free in his/her investments and business relations outside of his/her profession from
any financial or personal interests which tend to weaker his/her standing as an unprejudiced and
honest adviser, free to act in his/her Client's best interests. If the Architect has any other
business interest's which would relate to, or affect the interest of the Client, he/she should inform
the Client of such a condition or situation.

4.10 shall include in his/her agreement with the Client a clause providing for negotiation,
mediation/conciliation and/or arbitration as alternative methods for the settlement of disputes.

4.11 shall carry out his/her professional work without undue delay and within an agreed
reasonable time limit.

4.12 shall keep the Client informed at all times of the progress of the work undertaken on the
Client's behalf and of any issue that may affect project quality and cost.

ARTICLE IV THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO THE

CONTRACTOR

Section 5. Relations with Contractor. - The Contractor depends upon the Architect to safeguard
fairly the Contractor's interest as well as those of the Client; and, accordingly he or she:

5.1 shall give the Contractor every reasonable assistance to enable him/her to fully understand
the contents of the Contract Documents by furnishing clear, definite, and consistent information
in all pertinent contract documents to avoid unnecessary mistakes that may involve extra costs to
either the Contractor or the Client.

5.2 shall not knowingly call upon the Contractor to correct or remedy oversights or errors in the
Contract Document to the Contractor's or the Owner's financial disadvantage.

5.3 shall, immediately upon his/her personal knowledge and inspection, reject or condemn
material, equipment, or workmanship which is not in conformity with the Contract Documents
in order not to cause unnecessary delay and additional expense to the Contractor.

5.4 shall reject any offer of free professional engineering or allied design service/s, or receive
any substantial aid, gifts, commissions, or favors from any Contractor or Subcontractor which
will tend to place him/her under any kind of obligation to return such favors.

57
5.5 shall promptly inspect each phase of the work completed and if found according to the
terms of the Contract Documents, issue the corresponding Certificates of Payment and the Final
Certificate of Completion, respectively, to the Contractor.

ARTICLE V THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO

MANUFACTURERS, DEALERS, AND AGENTS

Section 6. - Relations with Manufacturers, Dealers, and Agents. – An exchange of technical

information between the Architect and those who manufacture, supply, and handle building
materials or equipment is necessary and, therefore, encouraged and commended, provided that:
he/she

6.1 shall not solicit free professional engineering/allied design or other technical services from
manufacturers or suppliers of building materials or equipment when these are accompanied by an
obligation detrimental to the best interest of the Client, or which may adversely affect the
Architect's professional opinion.

6.2 shall not seek commissions, discounts, fees, gifts, or favors from agents or firms handling
building materials or equipment which may place him/her in a reciprocal frame of mind. All
market discounts shall be credited to the Client.

ARTICLE VI THE ARCHITECT'S RESPONSIBILITIES IN RELATION TO HIS/HER

COLLEAGUES AND SUBORDINATES

Section 1. Relations with his/her colleagues and subordinates (his/her big and small
brothers/sisters). - The Architect has moral responsibilities towards his/her profession, his/her
colleagues, and his/her subordinates; and, accordingly, he or she:

7.1 shall not render professional services without a professional service agreement. He/she shall
neither offer nor provide preliminary services on a conditional basis prior to definite agreement
with the Client for the commission of the project.

7.2 shall abide by the Basic Minimum Fee prescribed under the "Standards of Professional
Practice". He/she shall not use donation of professional services as a device for obtaining
competitive advantage except for worthy civic or religious projects. Neither shall he/she submit
solicited or unsolicited sketches or drawings in competition with other Architects unless such

58
competitive arrangements are conducted substantially under the terms of me Architectural
Competition Code.

7.3 shall not, in any case, enter as competitor in any Architectural Competition when he/she has
direct involvement in the formulation of the Program thereof, or when he/she has been engaged
to act as Professional Adviser or Juror for such competition. Neither shall the Architect accept
and act as professional adviser or juror in any architectural competition when he/she has had any
information or has reviewed or assisted in the preparation of such competition. Nor shall be
retained as a professional adviser in a competition, accept employment as an Architect for the
competition project, except as Consulting Architect.

7.4 shall not, under any circumstances or through any means, Solicit any project already known
to him/her as previously committed to another Architect, whether such a commitment is still in
the process of negotiation or has already been definitely agreed upon.

7.5 shall not undertake a commission for which he/she knows that another Architect has been
previously employed unless he/she notifies me other Architect of the fact in writing and has
conclusively determined that the original employment has been terminated and duly
compensated for.

7.6 shall not undertake a commission for additions, rehabilitation, or remodeling of any erected
structure undertaken previously by another Architect without duly notifying him of the
contemplated project even when the Client/Owner is no longer the same. When the greater mass,
area, or design of the original structure is substantially maintained, the new Architect should
limit his/her advertisement or claim only to the extent of the specific work he/she has done to me
structure. Whenever the nature of work involved examples of our architectural heritage, the
Architect must look at all possibilities of restoration.

7.7 shall not maliciously or unfairly criticize, or discredit another Architect or the latter's work.

7.8 shall refrain from associating himself/herself with, or allowing the use of his/her name by
any enterprise that may negatively affect himself/herself or the architectural profession.

7.9 shall not affix his/her signature and seal to any plans or professional documents prepared by
other persons or entities and not done under his/her direct personal supervision.

7.10 shall provide employees and subordinates with a suitable work environment, compensate
them fairly, and facilitate their professional advancement. He/she shall tutor and mentor the
young aspirants towards the ideals, functions, duties, and responsibilities leading to the ethical
practice of the architectural profession.

7.11 shall unselfishly give his/her share in the transfer of technical knowledge and experience to
his/her colleagues and young aspirants and do his/her part in fostering unity in the furtherance of
the profession.

59
7.12 shall unselfishly give his/her time and effort to the advancement of the profession thru
his/her active and personal commitment and involvement with the Integrated and Accredited
Professional Organization of Architects (IAPOA) and in undertaking specific advocacy work to
ultimately benefit the architectural profession.

7.13 shall ensure that the conduct of his/her professional practice abides by appropriate and
effective internal procedures, including monitoring and review processes, as well as sufficient
qualified and supervised staff to enable the firm to function efficiently.

7.14 shall neither appropriate the intellectual property of, nor unduly take advantage of the ideas
of another architect without express authority from the originating architect.

7.15 shall build his/her professional reputation on the merits of his/her own service and
performance and shall strive to continuously update his/her professional know-how. He/she shall
recognize and give credit to others for professional work performed.

7.16 shall not, when offering services as an independent consultant, quote a fee without first
receiving an official invitation for him/her to do so. The Architect must have sufficient
information on the nature and scope of the project to enable him/her to prepare a fee proposal
clearly indicating the services covered by the fee in order to protect the Client and the public
from under-resourcing or under-pricing by some unscrupulous parties.

7.17 shall not undertake professional work unless the parties shall have clearly agreed in writing
to the terms of the architectural commission, to wit:

7.16.1 Scope of work,

7.16.2 Delineation of responsibilities,

7.16.3 Any limitation of responsibilities,

7.16.4 Fee or method of calculating it,

7.16.5 Mode of alternative dispute resolution, and

7.16.6 Any provision for termination.

7.18 shall continue to raise the standards of aesthetic excellence, functional logic, architectural
education, research, training, and practice.

7.19 shall, as appropriate, promote the allied arts and contribute to the knowledge and capability
of the construction industry.

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7.20 If he/she possesses substantial information which leads to n reasonable belief that another
Architect has committed a violation of this Code, shall file a formal complaint with the
designated body.

7.21 If he/she is leaving his/her Architect-Employer shall not, without the permission of the
latter, take with him/her designs, drawings, data, or other relevant materials even if personally
performed by him/her. On the other hand, the Architect-Employer shall not unreasonably
withhold such permission, except when some confidentiality of any such documents must be
reasonably protected.

7.22 shall not discriminate on grounds of race, national origin, age, gender, marital status,
religion, or any disability which would hinder the performance of his/her professional work.

ARTICLE VII ARCHITECTS CREDO

Section 8. Any registered and licensed architect shall recite with vigor, passion, and hope the
Architect's Credo during special or important occasion, e.g., mass oath-taking, lAPOA's affair,
and PRBOA’s event. The Architect's Credo shall be the following:

I shall work with this virtuous commitment: to exercise to the utmost my duty to myself, my
country, and my God.

I shall uphold the ideals, follow the norms of conduct of a noble profession, and endlessly
endeavor to protect and further its just ends. I shall abide by the laws, rules, legal orders,
statutory policies, and measures of my country; the Code of Ethical Conduct and the Standards
of Professional Practice; and the Articles of Incorporation and By-Laws of the Integrated and
Accredited Professional Organization of Architects (IAPOA).

I shall humbly seek success not through the measure of solicited personal publicity, but by
industrious, meaningful application to my work, and strive to merit a reputation for quality of
service and for equitable dealing.

I shall ask for fair remuneration for my professional services from my Client, and hold his/her
interest over and above my own.

I shall disclose, whenever required, any private business investments or ventures that may tend to
create a conflict of interest, and ensure that such conflict does neither compromise the legitimate
interests of my Clients nor interfere with my duty to render impartial judgment.

I shall exercise my professional prerogatives always with the highest level of integrity.

I shall inspire by my behavior the loyalty of my associates and subordinates, and take upon me
the mentorship of the aspirants to the profession.

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I shall confine my criticisms and praises within constructive and inspirational limits and never
resort to these means to promote any malicious motives.

I shall dedicate myself to the pursuit of creative endeavor towards the goal of enlightened Art
and Science, generously sharing the results of my research, experience, and expertise.

I shall treasure my being a holder of a valid certificate of registration and a valid professional
identification card as registered and licensed architect and of a valid membership card with the
lAPOA.

I shall consecrate myself to the highest standard of professionalism, integrity, and competence to
the public, to the Client, to the contractor, to the manufacturers, dealers, and agents, and to
colleagues and subordinates who are the direct and indirect users and beneficiaries of my
architectural services.

ARTICLE VIII MISCELLANEOUS PROVISIONS

Section 9. Liabilities and Penalties. Any registered and licensed architect or a grantee of a
temporary/special permit who violates any provision of this Code shall be liable under Sec. 23
(f), Art. III and Sec. 29, Art. IV of R.A. No. 9266 and under Sec. 23 (f), Rule III and Sec. 29,
Rule IV of Board Resolution No. 07, Series of 2004; and, accordingly, shall be meted out with
the penalty of suspension or revocation of the validity of certificate of registration, or
cancellation of a special/temporary permit by the Board, and/or of a fine of not less than One
hundred thousand pesos (P100,000.00) but not more than five million pesos (P5,000,000.00) or
to suffer imprisonment for a period of not less than six (6) months or not exceeding six (6) years,
or both at the discretion of the court, respectively.

Section 10. Separability Clase. If any section or part of the herein Resolution shall be declared
unconstitutional or invalid, such declaration or judgment shall not affect, invalidate, or impair the
other sections or provisions thereof or part thereof directly involved in which such judgment has
been rendered.

Section 11. Effectivity Clause. The herein Resolution shall take effect after fifteen (15) days
following its full and complete publication in the Official Gazette or any daily newspaper of
general circulation in the Philippines.

Done in the City of Manila, this 5th day of April, 2006. (2006 PRC PRBoA ADOPTION AND
PROMULGATION OF THE CODE OF ETHICAL CONDUCT)

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 Board for Marine Deck and Marine Engine Officers14

Practice defined
Provided, That the above objectives shall be attained through profession in the Philippines:
Provided, That the above objectives shall be attained through compliance with STCW ‘78
Convention, as amended.

a. Practice of Merchant Marine Profession - shall refer to the profession requiring the
application of fundamental and known principles of navigation, seamanship and engineering to
the peculiar condition and requirements of on board management, operation and maintenance of
main propulsion and auxiliary engines, stability and trim of the vessel and cargo handling. It
shall also cover but will not be limited to the following:
1. The proper handling and stowage of cargoes on board ship which includes the
safe carriage of passengers from port of origin to port of destination;
2. The safe watchkeeping of the vessel’s navigation in accordance with the Rules of
the Road at Sea;
3. The Maritime Education and Training of Cadets and other Marine Professionals;
4. Employment with government provided such item or position requires the
knowledge and expertise of a Merchant Marine Officer.
b. Merchant Marine Vessel - shall apply only to the commercial ships, propelled by
machinery, public or private, strictly engaged in maritime commerce, both seagoing and/or near
coastal trade, vessels engaged in the training of cadets for the merchant marine profession, and
noncombatant vessels of the Philippine Government.
c. Merchant Marine Officer - shall refer to marine deck or engineer officer.
d. Merchant Marine Deck Officer - shall refer to a duly registered, certified and licensed
master mariner, chief mate and officer-in-charge of a navigational watch.
e. Merchant Marine Engineer Officer - shall refer to a duly registered, certified and licensed
chief engineer, second engineer, and officer-in-charge of an engineering watch in a manned
engine-room or designated duty engineer in a periodically unmanned engine-room, and coastal
engineer.

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 CHAPTER V

Etiquette in Eating and in Dressing (Dress Code)

Philippines etiquette in eating

The typical Philippine diet revolves mainly around the local foods, especially vegetables. pork
and seafood, and rice and noodles. Filipinos are also very familiar with Western foods, especially
fast foods, and the diet of most today is a mixture of all these influences. Westerners familiar
with Spanish-influenced cuisine will recognize the Latin-based menudo-type stews, the Cuban-
style pork dishes, the tapa-like appetizers, but all with native ingredients of Asian and Polynesian
origin. On top of this, add the American hamburger, and other types of fast food (which, in all
fairness, are found most everywhere around the world), and you have a sense of Filipino
cooking. If you are hosting a Filipino in the United States, they will be very comfortable with the
local restaurants you choose, but will be especially thrilled if you can locate an authentic
Philippine restaurant. If you are with Chinese Filipinos, dine with them at a good Chinese
restaurant, whether in the Philippines or abroad: a Chinese banquet is not inappropriate (for a
description of a typical one, please see the dining section in the chapter on China).

Breakfast is served from about 7:30 to 9 A.M., and usually consists of tea or coffee and rice; the
latter is served either as a porridge-type cereal that can be flavored with any number of
ingredients (nasi gorang), with eggs in a variety of styles, or with pickled vegetables. Tea may be
drunk plain or with lemon, cream, milk, or sugar.

Lunch is traditionally the main meal of the day, and even today, in busy cities, it can still be an
elaborate affair with several courses-or it can be a simple noodle dish or fast food bolted down in
a matter of minutes. Lunch is served from about noon to 1 and consists of meat, fish, and/or
vegetables, served with rice. Many dishes can be steamed, stir-fried, or boiled in a variety of
different ways, either simply or more elaborately. Lechon, or pork, is usually roasted or
barbecued, and is a very popular meat. You will see adobo, a spice, just about everywhere. Fish
sauce and fish paste are available with most ethnic Philippine foods, and have very pungent
flavors: start out carefully. Filipinos enjoy sweet pastries, so a very sweet dessert of fruits,

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pudding, or cake is usually available for every meal. Typically, the drinks served with lunch and
dinner are soft drinks, beer, and/or tea or coffee.

Dinner is served from 6 P.M. on, with 7:30 P.M. the customary late time. Even if the main meal
of the day was lunch, dinner is only slightly lighter-this is often the case with families at home.
The dinner menu is often similar to that of the more formal lunch. If alcohol is being served,
predinner drinks may begin with beer or rice wine, then move on to beer during the meal, and
end with a sweet wine and/or coffee or tea. Western liquors are served in upscale restaurants and
at business dinners.

Seafood is very common everywhere. as are preserved vegetables and rice dishes, mixed often
with coconut pork. and chicken. Restaurants representing various Asian cuisines abound in
Manila. There are a few unique Philippine dishes that you will probably be encouraged to try:
one of them is balut, which is a cooked egg with a half-developed chick or duckling inside.

The most common alcoholic beverage is beer, generally served cold. Because you must never
pour your own drink (be it beer or tea), you must always be alert throughout the meal as to
whether your neighbor's cup or glass needs refilling. If it is less than half full, it needs refilling;
alternately, if yours is less than half full, your neighbor is obliged to refill it. If he or she does
not, do not refill it yourself, for this will cause them to lose face: instead, diplomatically indicate
your need by pouring a little more drink into your neighbor's glass, even if it doesn't really need
it.

What to do if you don't drink alcohol? This is usually not a problem, since not everyone does,
and fruit juices and soft drinks are very popular.

Dining etiquette for toasts. If you are the honored guest you will be expected to make a toast,
usually soon after the host does or at the end of the meal, just before everyone departs. An
appropriate toast is to the health of the host and all those present, and to the prosperity of the
business under discussion.

Table Manners

Chopsticks are used to eat Chinese food (for more on chopstick use, see the chapter on China
earlier in this book). Otherwise, forks, spoons, and knives are used with Philippine and Western
food. In some Philippine restaurants (the more authentic and usually downscale places), no
utensils at all are used. Avoid using your left hand for any kind of eating, especially if you are
eating directly with your hands and not using utensils.

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What do you do when no utensils are offered? Why, eat with your fingers, of course! Many think
it makes the experience more fun, maybe because you're adding an extra sense to an already very
sensory experience: the sense of touch. This food is known as "banana-leaf" food: wonderful
vegetarian or meat curries, served with rice and sauce on a large banana leaf. No plates, no forks,
no spoons, no chopsticks. You reach into the rice, take some with your fingers, gently roll it
between your index and middle fingers and thumb (not your palm!) into a kind of self-sticking
ball, dip it into the sauce on the banana leaf, mix it with a vegetable or a piece of chicken, then
pop the whole thing in your mouth. Here are some other things to note about eating in such
restaurants.

Wash your hands before you sit down to eat. Many banana-leaf restaurants have washrooms and
sinks out in the open specifically for this purpose. (However, you may want to wash your hands
with bottled water at the hotel first, since the water at the restaurant may be more hazardous to
your health than the germs already on your hands!) You will also need to wash you hands again
at the end of the meal, especially after eating the saucy dishes, since you've probably got a good
bit of it running down your arm. Don't worry, it's to be expected: don't dress up if you're eating
banana-leaf style.

Dining etiquette for using your hands. Use your right hand when picking up and eating food.
Keep your left hand at your side. Do not place your left hand on the table, and do not pass food
with your left hand, as the left hand typically is considered the "unclean" hand in Muslim
tradition, and many banana-leaf restaurants are Muslim estab¬lishments.

If you absolutely cannot eat without some kind of utensil, it's usually all right to ask for spoons
in such establishments. The poprietors are more than pleased to accommodate Westerners.

Dining etiquette for eating the last of the food. Do not take the last bit of food from a central
serving plate if there is one (more often than not, Philippine meals will be individually served);
that means there will be none left in case someone else wants more. Also, a sauce may be mixed
with the rice, and the main dish may be eaten with the rice.

Dining etiquette for using toothpicks. Toothpicks are often used at the end of the meal. The best
way to handle a toothpick is to work away with one hand, while keeping the other hand in front
of it over the mouth, as a sort of mask. If you cover the working hand this way, you can join in
the toothpick session in public at the end of the meal with the best of them! Just never do it
walking down the street: that's simply not done.

Dining etiquette for smoking. A word about smoking: it is ubiquitous throughout the Philippines.
Usually, you do not smoke at the table until the meal is over.

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Dining etiquette for seating. The most honored position is at the head of the table, as in the
western European style, with the honored guest(s) sitting to the right of the host (and hostess):

If there are couples, the honored man sits next to the hostess, and the honored woman sits next to
the host. (Spouses are usually not invited to business meals, though, and most formal meals in
restaurants are business meals: do not ask if your spouse can join you; it will embarrass your
Filipino colleague into doing something that is uncomfortable for him.) The honored guest sits
on the side of the table farthest from the door if possible. (At business meetings, the key people
sit in the middle, flanked on either side in descending order by their aides, with the least
important people sitting at the ends of the table farthest from the middle, and closest to the door;
the arrangement is mirrored on the other side, because the rules of hierarchy demand that
everyone must be able to speak with their opposite peers and those who rank below, but those
below cannot speak with those above.) Because many tables are round, a curious situation often
develops: the least important person from one side ends up sitting next to the host or most
important person on the other side. (This is usually not an issue at business meetings, where
tables are more often rectangular.) If women are present, they will probably be given the honored
positions first, although practically speaking there will be far fewer women.

Refills and Seconds

You will always be offered more food. Leave a bit on your plate if you do not want more food.
You will be implored to take more two or three times, in the form of a little ritual. The game is as
follows: first you refuse, then the host insists, then you refuse again, then the host insists again,
and then you finally give in and take a little more. If you really don't want more, take very little
and leave it on your plate. You may always have additional beverages; drink enough to cause
your cup or glass to be less than half full, and it will generally be refilled. A reminder: never
refill your own glass; always refill your neighbor's glass, and he or she will refill yours.

Restaurant Etiquette

Do not begin to eat or drink until the oldest man at the table has been served and has begun. It is
appropriate to thank the host at the end of the meal for the fine food.

In informal restaurants, you may be required to share a table. If so, do not force conversation: act
as if you are seated at a private table. Wait staff may be summoned by making eye contact;
waving or calling their names is very impolite. The business breakfast is unknown in the
Philippines. The business lunch is very popular, as is the business dinner. Both may be good
times to discuss business, but let your Philippine associates take the lead on this: if they bring up
business, then it's okay to discuss it.

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Etiquette in a Filipino Home

When invited to a Philippine colleague's home for a formal meal, you will be told where to sit,
and there you should remain. It is a great honor to be invited into a Philippine home, and
Filipinos may be quick to invite you, as a Westerner, into theirs. Most middle-class households
have servants: be aware that they may have prepared the food, not the hostess.

Your spouse may be invited to join you for a meal at your colleague's home (if your spouse is
present, very little business will be discussed, however). Once invited to enter the Philippine
home, you may need to remove your shoes (this is not the custom in restaurants, however),
although Westernization has also changed this, especially in the cities. Once inside the home, do
not wander around, unless you are invited to do so: much of the house is really off-limits to
guests. If you move from room to room at someone's home, be sure to always allow the more
senior members of your party to enter the room ahead of you. If the meal is served help-yourself
style, be sure not to be the first person to take food; let the host or hostess begin. Be judicious
about touching things and moving them about: many items have probably been placed where
they are because it is auspicious to do so according to feng shui, a common tradition brought to
the Philippines from the south of China. (Objects are placed, and buildings and rooms designed,
so that bad spirits are kept out and good spirits are invited in.) At the end of the meal, you may
be given pabaon. a doggie bag with the leftover food in it. This is a common expression of
hospitality; make an effort to reject it, but ultimately take it. If you invite someone to an event,
you will rarely be turned down directly-people will say things like "Yes, I think I can make it"
but this is no guarantee that they will actually come.

Dining etiquette for paying the bill. Usually the one who does the inviting pays the bill, although
the guest is expected to make an effort to pay. Sometimes other circumstances determine the
payee (such as rank). Making payment arrangements ahead of time so that no exchange occurs at
the table is a very classy way to host, and is very common. When men are at the table, women
will not really be able to pay the bill at a restaurant: if you want to, make arrangements ahead of
time, and don't wait for the check to arrive at the table. The only time it is considered appropriate
for a woman to pay the bill is if she is a businesswoman from abroad.

Dining etiquette for tipping. The standard tips are about 10 to-15 percent in restaurants15.

15. Mike Lininger, Editor, Philippines Etiquette Scholar

68
Etiquette in Dressing (Dress Code)

Personal appearance is extremely important for Filipinos and great care should be taken to be as
well groomed and smart as possible at all times - whether in a business or social situation.

People in the Philippines dress for the weather (HOT!) Casual attire during the day for women
are light blouses and shorts. For men collared T- shirts worn over slacks. In the evening skirts are
substituted for shorts and the T-shirts are tucked in.

To a certain extent, your merits could be judged on your appearances. In business circles,
Business attire is conservative.
. Men should wear a dark coloured, conservative business suit, at least for the initial meeting.
. Women should wear a conservative suit, a skirt and blouse, or a dress.
. Women's clothing may be brightly coloured as long as it is of good quality and well tailored.
. Appearances matter and visitors should dress well.

Barong Tagalog is the national costume for Filipino men, it is an embroidered formal garment of
the Philippines. It is very lightweight and worn untucked (similar to a coat/dress shirt), over an
undershirt. In Filipino culture it is a common wedding and formal attire, mostly for men but also
for women. The term "barong Tagalog" literally means "a Tagalog dress" in the Tagalog
language; however, the word "Tagalog" in the garment's name refers to the Tagalog region, not
the region's language of the same name. The barong was popularized as formal wear by
Philippine President Ramon Magsaysay, who wore it to most official and personal affairs,
including his inauguration as president.

Baro’t Saya is the national costume for Filipina women, a traditional Filipino blouse and skirt
ensemble. It originated in Spanish times, when native Philippine women were required to cover
their upper torso. Throughout Spanish colonization this was the everyday attire of most
Philippine women.

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The baro or blouse is short-sleeved and collarless. It is usually made of sheer fabrics and at times
is embroidered. This is in contrast to the saya or skirt, which is made of simple opaque plaid or
striped cotton or sinamay. A tapis or wraparound overskirt would usually be added, and an
alampay or panuelo would be worn with the ensemble to cover the bosom16.

Bibliography

Website
www.lawphil.net

http://www.chanrobles.com

prc.gov.ph

eduphil.org

http://www.aseponline.org

Culture of The Philippines - clothing http://www.everyculture.com

Books / Studies / Articles

1987 Philippine Constitution

Administrative Order No. 162 dated August 1, 1946 of the Department of Justice

Board of Nursing, Board Resolution No. 220 series of 2004; Republic Act No. 9173 or AN ACT
PROVIDING FOR A MORE RESPONSIVE NURSING PROFESSION, REPEALING FOR
THE PURPOSE REPUBLIC ACT NO. 7164, OTHERWISE KNOWN AS "THE PHILIPPINE
NURSING ACT OF 1991"

R.A. No. 9266, known as the “Architecture Act of 2004”

16. Culture of The Philippines - clothing http://www.everyculture.com

70
Board Resolution No. 07, Series of 2004, cited as "IRR of the Architecture Act of 2004"

Mike Lininger, Editor, Philippines Etiquette Scholar

71