QuestionsQuestions (DOE DEPARTMENT ORDER NO. 2002-03-002, MARCH 19, 2002)
It is based on Administrative Order (AO) No. 1 issued by the President on 22 January 2002, which prohibits certain public officers and employees from entering into specified official transactions with the President’s real, pretended, or imaginary relatives. DOE’s order implements and expands that directive for the Department and covered attached/supervised agencies.
It covers (a) contracts where DOE and/or its attached/supervised agencies is a party; (b) procurement or purchase of property, supplies and materials; (c) appointment of personnel and recommendations for positions; and (d) any other matter calling for action or decision.
All employees of the Department of Energy and its attached and supervised agencies, and more specifically, it also includes the undersigned (DOE Secretary), members of the DOE Executive Committee, and the officers of DOE-attached and supervised agencies within the listed prohibited matters.
Relatives of the DOE Secretary/undersigned and covered DOE officials up to the fourth degree of consanguinity and affinity, including common-law relationships, and including real, pretended, or imaginary relatives.
No. The coverage includes real, pretended, or imaginary relatives, and the order is intended to remove suspicion of anomaly or wrongdoing.
It implies not only direct transactions by the employee with the relatives, but also indirect dealings—such as through intermediaries, referrals, influence, or other arrangements that effectively result in the relative obtaining benefits from the government transaction.
It expands coverage to include officials in the DOE Executive Committee; the President and Vice Presidents of PNOC and each of its subsidiaries; PNOC subsidiaries, as stated; NPC; PSALM; TRANSCO; and the Administrator and Deputy Administrators of the National Electrification Administration.
To provide transparency in transactions and remove any suspicion or impression of anomaly or wrongdoing in DOE and/or its attached agencies, consistent with AO No. 1 and the President’s subsequent instruction.
The President instructed Cabinet members to discourage their relatives up to the fourth degree of consanguinity and affinity from exerting influence to derive certain benefits from individuals and corporations.
It states that any violation shall be dealt with accordingly, without prejudice to the application of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) and other similar laws.
The order is administrative in nature, but it expressly notes that violations may still be prosecuted or sanctioned under RA 3019 and similar laws, meaning the DOE order does not replace criminal/anti-graft remedies.
It took effect immediately upon adoption on 19 March 2002.
Yes. The order prohibits dealing directly or indirectly with covered relatives in matters relating to procurement or purchase of property, supplies and materials.
It includes both appointment of personnel and recommendations for positions, and any other matter calling for action or decision.
The order aims at preventing conflicts of interest and the appearance of impropriety by ensuring that relationships recognized in practice that can create influence or benefit are also covered, not only legally formal consanguinity/affinity.