Law Summary
Definitions
- "Government" includes all national and local agencies, instrumentalities, and government-owned or controlled corporations.
- "Public Officials" covers all elected, appointed, permanent, temporary, career or non-career personnel including military and police, regardless of compensation.
- "Gift" means any gratuitous transfer of thing or right, excluding nominal unsolicited gifts not meant as favors.
- "Receiving any gift" includes accepting gifts that are not nominal or are given in exchange or anticipation of favors.
- "Loan" includes any form of financial accommodation to ensure approval.
- "Substantial stockholder" means a person owning enough shares to elect a director.
- "Family" refers to spouses and unmarried children under 18.
- Defines "Conflict of interest", "Divestment", and "Relatives" within the context of government service.
Norms of Conduct
- Public officials must:
- Prioritize public interest over personal interests.
- Perform duties professionally, with dedication and excellence.
- Act with justice, sincerity, respect rights, and avoid undue favors except specified confidential appointments.
- Maintain political neutrality and provide services without discrimination.
- Be responsive to public needs with transparency and simplified procedures.
- Show nationalism, loyalty to the constitution, and democracy.
- Lead simple, modest lives avoiding ostentatious displays of wealth.
- The Civil Service Commission shall promote these standards and incentivize exemplary behavior.
Duties
- Respond to public communications within 15 working days with action taken.
- Submit annual performance reports within 45 working days of year-end.
- Expedite processing of official documents, limiting signatories.
- Provide immediate attention to public transactions.
- Make public documents accessible during working hours.
Incentives and Rewards System
- Establish a Committee on Awards to Outstanding Public Officials and Employees.
- Recognize employees based on merit, years of service, performance, and risks encountered.
- Awards include bonuses, citations, promotions, scholarships, and other benefits.
- Promotions guaranteed where vacancies exist or through budgetary provision.
Prohibited Acts and Transactions
- Public officials must avoid financial/material interests in transactions requiring their approval.
- Restrictions on outside employment, managing or holding positions in private enterprises regulated by their office.
- Prohibition on private practice of profession unless authorized.
- Ban on recommending persons to positions in private enterprises transacting with their office.
- Disclosure/misuse of confidential information is forbidden.
- Solicitation or acceptance of gifts or favors in official duties prohibited, with exceptions for nominal souvenirs, scholarships, medical or travel grants under regulations.
Statement and Disclosure Obligations
- Public officials must file sworn statements of assets, liabilities, net worth, and financial/business interests including those of spouse and minor children.
- Filings timing: within 30 days of assumption of office, yearly by April 30, and within 30 days of separation.
- Authorized disclosures to enable audit of said declarations.
- Relatives within government must be identified and disclosed.
- Statements are publicly accessible for copying after ten working days and maintained for ten years.
- Prohibited use of statements includes commercial purposes not related to media dissemination.
Divestment Requirement
- Officials must avoid conflicts by resigning or divesting from private business interests within prescribed time frames.
- Applies to partners in partnerships as well.
- Excludes honorary capacity, laborers, and temporary workers.
Review and Compliance Procedures
- Congressional Committees review compliance with statement filing requirements.
- Committees provide written opinions on this Act’s application.
- Heads of departments to enforce compliance subject to justice or judiciary authority approval.
Penalties
- Violators face fines (up to 6 months’ salary), suspension (up to 1 year), or removal.
- Violations of specified sections punishable by imprisonment (up to 5 years), fines (up to P5,000), or disqualification from public office.
- Private individuals conspiring with officials face similar penalties.
- Courts may impose penalties on unauthorized use of reports (up to P25,000).
Administration and Enforcement
- Civil Service Commission primarily responsible for enforcement, administrative measures, and case referrals for prosecution.
- May promulgate rules and regulations including guidelines for voluntary service.
- Ombudsman to protect whistleblowers reporting violations.
- Congressional disciplinary rights preserved.
More Stringent Standards
- This Act does not derogate from existing laws or regulations imposing stricter standards on officials and employees.
Appropriations
- Funding initially from Civil Service Commission budget.
- Continued funding included in annual General Appropriations Act.
Separability and Repealing Clauses
- Invalid provisions do not affect the remainder of the Act.
- Inconsistent laws are repealed or modified except those imposing heavier penalties.
Effectivity
- The Act takes effect 30 days after publication in the Official Gazette or two national newspapers of general circulation.