QuestionsQuestions (Republic Act No. 9745)
It reiterates Memorandum Circular No. 32 (s. 1993), which provided the policy on entrepreneurial activities of government employees and the conditions under which such activities may be allowed, particularly in relation to the standards in R.A. 6713.
Entrepreneurship may be allowed only if the employee strictly observes Section 7(a), (b), and (c) of R.A. 6713; the business does not conflict (or tend to conflict) with the employee’s official functions; and the business is not done during office hours nor within the required 40-hour work week period.
Section 7, paragraphs (a), (b), and (c) of R.A. 6713, which declare certain acts and transactions of public officials and employees unlawful.
CSC notes that even after the 1993 issuance, some officials and employees still engaged in entrepreneurial activities during office hours, disrupting delivery of public services; hence the prohibition is reiterated pursuant to Section 2 of R.A. 6713.
It requires a high standard of ethics in public service and mandates that public officials and employees be accountable to the people, discharge duties with utmost responsibility, integrity, competence, loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest.
Because the business must not conflict or tend to conflict with the employee’s official functions, ensuring that public service is not compromised by personal business interests.
They must not be done during office hours nor within the required 40-hour work week period.
Not exactly. The 1993 circular allowed entrepreneurship subject to conditions, but the 1997 circular reiterates a prohibition of entrepreneurial activities when linked to violations of the ethical policy in R.A. 6713—especially when done during office hours and in ways that undermine public service.
Section 2 of R.A. 6713, which sets the policy to promote a high standard of ethics in public service and requires prioritizing public interest over personal interest.
By stating that entrepreneurship must not disrupt official functions or public service delivery and must comply with the ethical obligations in Section 2 of R.A. 6713, which prioritizes public interest.
CSC treats disruption of public service delivery as a serious violation that triggers reiteration of the prohibition, indicating enforcement focus on actual interference with governmental duties.
It means CSC is emphasizing the ethical policy framework of R.A. 6713 and reaffirming that entrepreneurial activities that undermine that policy—especially when performed during office hours—are prohibited.
Section 7(a)-(c) provides specific unlawful acts/transactions and detailed restrictions, while Section 2 provides the overarching ethical policy; CSC references both to connect specific prohibited conduct with the general ethical mandate to uphold public interest.
The Chairman Corazon Alma G. De Leon and other commissioners signed the resolutions and memorandum circular; their signatures indicate formal CSC action adopting and reiterating the policy.