QuestionsQuestions (MEMORANDUM CIRCULAR NO. 06)
It enjoins government officials and employees to strictly observe the prohibition against going to gambling casinos. It is anchored on Section 2 of Republic Act No. 6713 (Code of Conduct) and related rules/orders that reiterate the casino prohibition.
Not allowed to play in gambling casinos are: (a) government officials connected directly with the operation of the Government or any of its agencies; (b) members of the AFP (Army, Navy, Air Force); and (c) persons under 21 years of age or students in any school/college/university in the Philippines.
It stresses that government officials and employees must not enter, stay, and/or play in gambling casinos. It further states that mere entry or presence can be considered conduct prejudicial, unless in official performance of duties.
Memorandum Circular No. 20 (s. 1986) and Memorandum Circular No. 8 (s. 2001).
Republic Act No. 6713, particularly Section 2, which sets the policy to promote a high standard of ethics and requires public officials and employees to uphold public interest over personal interest.
EO No. 292, specifically Section 46(b), Chapter 7, Subtitle A, Title I, Book V, which treats gambling prohibited by law and conduct prejudicial to the best interest of the service as grounds for disciplinary action.
The circular provides that the mere entry or presence of government officials and employees in a gambling casino shall be considered conduct prejudicial, unless the entry/presence was in the performance of official duties and functions.
It creates a narrow exception: mere entry or presence is still considered prejudicial unless the government personnel can show it was required by and connected to official duties and functions.
The heads of departments, bureaus and offices, including those of government-owned or controlled corporations and local governments, as well as those of the AFP and Philippine National Police.
It orders PAGCOR Management to ensure strict observance of the circular by all government officials and employees.
It takes effect immediately.
Yes. Persons under 21 years of age or students of any school, college or university in the Philippines are specifically not allowed to play in gambling casinos.
MC No. 06 applies to “all government officials and employees,” and it states that the mere entry or presence shall be considered conduct prejudicial to the best interest of the service (unless in performance of official duties). Thus, the circular can still treat entry as prejudicial even if the PD wording might narrow who is barred from “playing.”
It may subject the violator to disciplinary action because EO No. 292 treats gambling prohibited by law and conduct prejudicial to the best interest of the service as grounds for discipline.
They must remind and reiterate the prohibition to their personnel and impose the appropriate sanctions and penalties in case of violation.