Code of Conduct

&
Ethical Standards
for Public Officials and
Employees
 CONTENTS

What you will find in this presentation?

1.Rationale behind RA 6713
2.Duties of Public Officials and Employees
3.Incentives and Rewards
4.Prohibited Acts and Transactions
5.SALN
6.Penalties
Republic Act No. 6713
Date of Approval: February 20, 1989

Date of Effectivity:

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.
 LEGALLY AND
POLITICALLY
SPEAKING:
RA 6713 is more commonly known as the

“SALN LAW.”
Why RA 6713 was passed into
law?
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. (Sec. 2, RA 6713)
SEC. 3
Definition of
TERMS
 (a)
GOVERNMENT
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.
(b) Public Officials
Public official 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
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.
(d) Receiving any gift
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
"Loan" covers both simple loan and
commodatum as well as guarantees,
financing arrangements or
accommodations intended to ensure its
approval.
(f) Substantial Stockholder
"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
their spouses and unmarried children
under eighteen (18) years of age.
 (h) Person
"Person" includes natural and juridical
persons unless the context indicates
otherwise.
(i) Conflict of Interest
"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
"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
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.
SAMPLE
QUESTIONS
What arises when a public official is an officer
of a private corporation which affects his
faithful performance of official duty?

A. Redundancy
B. Double Remuneration
C. Conflict of Interest
D. Double Compensation
What arises when a public official is an officer
of a private corporation which affects his
faithful performance of official duty?

A. Redundancy
B. Double Remuneration
C. Conflict of Interest
D. Double Compensation
SEC. 4
Norms of Conduct
of Public Officals
& Employees
 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:
1. Commitment to public interest
2. Professionalism
3. Justness and sincerity
4. Political Neutrality
5. Responsiveness to the Public
6. Nationalism and patriotism
7. Commitment to democracy
8. Simple living
 NORMS OF CONDUCT
OF PUBLIC OFFICIALS
AND EMPLOYEES
(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
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.
SEC. 5
Duties of
Public Officals &
Employees
DUTIES OF PUBLIC
OFFICIALS AND
EMPLOYEES
(A)Act promptly on letters and requests;
(B)Submit annual performance reports;
(C)Process documents and papers
expeditiously;
(D)Act immediately on the public’s personal
transactions;
(E)Make documents accessible to the public.
Committee on
Awards to
Outstanding Public
Officials &
Employees
Sec. 6, RA 6713
COMMITTEE ON
AWARDS (Sec. 6)
(A)The Ombudsman and Chairman
of the CSC (Co-Chairmen);
(B)The Chairman of the COA; and
(C)2 government employees to be
appointed by the President as
members.
TASK OF COMMITTEE
ON AWARDS (Sec. 6)
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 to public officials
and employees of outstanding merit on the
basis of the standards set forth in this Act.
CONSIDERED IN THE
CONFERMENT OF
AWARDS
❖ Years of Service, and 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.
GOVERNMENT OFFICIALS
AND EMPLOYEES OF THE
YEAR
INCENTIVES and REWARDS:
● Bonuses;
● Citations;
● Directorships in GOCCs;
● Local and Foreign Scholarship Grants;
● Paid Vacation; and the like.
SAMPLE
QUESTION
IS THERE SUCH A THING
AS AN AUTOMATIC
PROMOTION?
 IS THERE SUCH A THING
AS AN AUTOMATIC
PROMOTION?
YES, automatic promotion exists.
Under Section 6 of RA 6713, Government Officials and Employees of the
Year shall be automatically promoted to the next higher position with the
commensurate salary suitable to their qualifications.
Prohibited Acts
and Transactions
Sec. 7, RA 6713
PROHIBITED ACTS AND
TRANSACTIONS
a) Financial and Material Interest;

b) Outside Employment and Other

Activities Related Thereto;

c) Disclosure and/or Misuse of

Confidential Information; and

d) Solicitation or Acceptance of Gifts.

 HOWEVER,
Nothing in this Act shall be construed to restrict or
prohibit any educational, scientific or cultural exchange
programs subject to national security requirements.
SAMPLE
CASE STUDY
FILOMENA L. VILLANUEVA (Villanueva)
was the Assistant Regional Director of the
Cooperative Development Authority (CDA) for
Region II. While in the performance of her
official functions, as well as by taking
advantage of her office, she willfully obtained a
₱1,000,000.00 loan from the Claveria Agri-
Based Multi-Purpose Cooperative, Incorporated
(CABMPCI).

Did Villanueva violate Sec. 7 of RA 6713?

Explain.
FILOMENA L. VILLANUEVA (Villanueva)
was the Assistant Regional Director of the
Cooperative Development Authority (CDA) for
Region II. While in the performance of her
official functions, as well as by taking
advantage of her office, she willfully obtained a
₱1,000,000.00 loan from the Claveria Agri-
Based Multi-Purpose Cooperative, Incorporated
(CABMPCI).

Did Villanueva violate Sec. 7 of RA 6713?

Explain.
YES, Villanueva violated Sec. 7 of RA
6713.
In this case, the prosecution was able to establish all the foregoing elements, considering
that:
(a) at the time the subject loans were obtained, petitioner was a public official;
(b) she solicited and accepted the subject loans from CABMPCI, which was a cooperative
that was being regulated by her office; and
(c) based on her own admission, the subject loans were obtained from CABMPCI, the
transactions and operations of which are regulated by the functions of petitioner's office.
YES, Villanueva violated Sec. 7 of RA
6713.

Villanueva vs. People of the Philippines, GR No. 237738,

June 10, 2019.
Statements &
Disclosure
Sec. 8, RA 6713
Obligation of Public Officials &
Employees under Sec. 8.
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.
 Sec. 8
I. Statements of Assets and Liabilities and
Financial Disclosure;

II. Identification and Disclosure of

Relatives;

III. Accessibility of Documents;

IV. Prohibited Acts.

I. Statements of Assets and Liabilities and Financial Disclosure
WHO ARE REQUIRED TO FILE
THEIR SALNs?
(1) Constitutional and national elective officials, with the national office of the Ombudsman;
(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.
I. Statements of Assets and Liabilities and Financial Disclosure

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.
I. ADDITIONAL
Statements of Assets and Liabilities and Financial Disclosure

REQUIREMENT
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.
I. Statements of Assets and Liabilities and Financial Disclosure

WHEN MUST THESE 2

DOCUMENTS BE FILED?
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.
I. Statements of Assets and Liabilities and Financial Disclosure

WHAT IF when both Husband

and Wife are public officials or
employees?
Husband and wife who are both public officials or
employees may file the required statements jointly or
separately.
II. Identification and Disclosure of Relatives
Sec. 8(b)
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.
III. Accessibility of Documents
Sec. 8(c)
(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.
IV. Prohibited Acts
Sec. 8(d)
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.
SAMPLE
CASE STUDY
Concepcion C. Daplas (Daplas) was appointed ass
the Pasay City Treasurer on May 119, 1989, with
gross monthly salary of P28,722.00.
To comply with RA 6713, Daplas filed her SALN
and the authorization, in favor of the Ombudsman,
to obtain documents as may show her assets,
liabilities and networth. However, she failed to
include her 1993 Mitsubishi Galant and her small
property in Bulacan.

Did Daplas violate Sec. 8 of RA 6713?

No, Daplas did not violate Sec. 8 of
RA 6713.
It should be emphasized that the laws on SALN aim to curtail the acquisition of
unexplained wealth.
Thus, in several cases where the source of the undisclosed wealth was properly accounted
for, the Court deemed the same an "explained wealth" which the law does not penalize.
Consequently, absent any intent to commit a wrong, and having accounted for the source
of the "undisclosed wealth," as in this case, petitioner cannot be adjudged guilty of the
charge of Dishonesty; but at the most, of mere negligence for having failed to accomplish
her SALN properly and accurately.
No, Daplas did not violate Sec. 8 of
RA 6713.

Daplas vs. Department of Finance, G.R. no. 221153, April

17, 2017.
Divestments
Sec. 9, RA 6713
 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.
 Requirement of Divestment
shall not apply
to those who serve the Government in an honorary
capacity nor to laborers and casual or temporary
workers.
Review &
Compliance
Procedure
Sec. 10, RA 6713
PENALTIES
Sec. 11, RA 6713
Violations of Sections 7, 8 or 9 of
this Act be
shall 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.
Conclusion?
● Short period of
imprisonment,
● Low amount of fine?

Then, it is ok to receive a
complaint/information
containing the violation of RA
6713 compared to other laws?
 NO, Sec. 11 of RA 6713 specifically provides….

If the violation is punishable by a heavier penalty under another law, he shall be

prosecuted under the latter statute. (Sec. 11(a), RA 6713)
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. (Sec. 11(d), RA 6713)
WHAT GOVERNMENT AGENCY WAS
TASKED TO HAVE THE PRIMARY
RESPONSIBILITY FOR THE
ADMINISTRATION AND
ENFORCEMENT OF RA 6713?
WHAT GOVERNMENT AGENCY WAS TASKED TO
HAVE THE PRIMARY RESPONSIBILITY FOR THE
ADMINISTRATION AND ENFORCEMENT OF RA
6713?
CIVIL SERVICE COMMISSION
(CSC) shall have the primary
responsibility for the administration and
enforcement of this Act. (Sec. 12, RA
6713)
REFERENCES
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 PURPOSES

Supreme Court of the Philippines website

https://sc.judiciary.gov.ph/
The LawPhil Project website
https://lawphil.net/
THANK YOU!