Law Summary
General Provisions: Title, Objectives, Vision, Mission, and Core Values
- The Code is titled "Code of Conduct and Ethical Standards of the Department of Environment and Natural Resources".
- Objectives include guiding employees in ethical situations, promoting accountability, protecting employees from unethical superior conduct, upholding public trust, and setting high integrity standards.
- Vision: A nation enjoying sustainable natural resources and a clean, healthy environment.
- Mission: To lead sustainable development and stakeholder participation in environmental protection.
- Core Values include responsibility, accountability, efficiency, modesty in lifestyle, professionalism, due diligence, nationalism, and effective resource management.
Scope and Applicability
- Applies to all DENR officials and employees regardless of employment status, including contractual and those on leave.
- Complements existing laws like the Administrative Code, RA 6713, and Civil Service Commission rules.
- Former officials and employees are barred from transacting with former offices or subordinates for one year post-separation, except for consultancy services.
- Compulsorily retired personnel cannot be hired as consultants.
Rule 1: Respect for the Constitution, Laws, Orders, and Procedures
- Officials must faithfully implement ENR laws and comply with lawful directives.
- Powers must be exercised lawfully and responsibly with public assistance provided per law.
- Prevent abusive conduct, discrimination, and sexual harassment; violations are punishable.
- Ensure safe, sanitary workplaces; observe proper office decorum including uniforms and IDs.
- Actively implement DENR Citizen's Charter for service efficiency.
Rule 2: Integrity
- Avoid breaches of public trust and resolve conflicts between personal and public interests in favor of the latter.
- Treat stakeholders with honesty, impartiality, fairness, and respect.
- Notify authorities of legal and ethical violations.
- Promote leadership consistent with the Code.
- Acknowledge subordinates’ work and encourage professional development.
- Merit-based recruitment is observed with Personnel Selection Board recommendations.
Rule 3: Conflict of Interest
- Defined as involvement of officials, employees, or relatives up to the 4th degree in businesses or licenses transacting with DENR.
- Officials must identify, declare, and resolve conflicts of interest in favor of government.
- Business and financial interests must be disclosed in the Annual Statement of Assets, Liabilities, and Net Worth (SALN).
- Unauthorized professional practice disallowed.
- Violations subject to publication per existing regulations.
Rule 4: Receiving and Handling Complaints
- Administrative complaints are referred to Legal Service division for disposition.
- Anonymous and unsigned complaints generally dismissed unless there is substantial evidence.
- Procedural rules for preliminary and formal investigations are outlined, including timelines and standards of evidence.
- Cases filed with the Ombudsman involving the same parties handled with coordination to avoid duplication.
- Alternative Dispute Resolution applied to appropriate cases like personal disputes and non-graft related issues.
- Work-related issues addressed through grievance machinery excluding disciplinary and sexual harassment cases.
Rule 5: Giving and Receiving of Gifts
- Prohibition on receiving gifts in exchange for improper exercise of official functions.
- Gifts exceeding Php 5,000 presumed as given for improper purposes.
- Includes travel, meals, accommodations as gifts.
- Exceptions apply to relatives within the third degree of consanguinity or affinity.
- Violations punishable under applicable laws.
Rule 6: Prohibition on Nepotism
- Appointments favoring relatives within the 3rd civil degree by appointing or supervising authority prohibited.
- Exceptions for confidential capacity employees.
- Violators subject to penalties and appointments revoked.
- Employment of family members in DENR offices discouraged.
Rule 7: Using and Disclosing Official Information
- Recognizes public right to access official information subject to legal confidentiality limits.
- Prohibits unauthorized use or disclosure harmful to DENR's interests.
- DENR holds ownership of scholarly works from government-sponsored grants; unauthorized use punishable.
Rule 8: Disclosure of Malpractices and Corruption
- Encourages truthful reporting of wrongdoing with penalties for false allegations.
- Voluntary disclosures must be written, signed, and under oath with documented evidence.
- Disclosure required for fraud or waste involving Php 1,000,000 or environmental risks.
- Informants' testimony may be compelled when necessary for litigation.
- Failure to report misconduct results in liability and penalties.
Rule 9: Rights and Privileges of Internal Reporters
- Internal reporters have right to demand immediate actions.
- Identities and disclosures to be kept confidential and protected against retaliation.
- Retaliators held liable under existing laws.
- Confidentiality duties do not preclude protected disclosure.
- Internal reporters entitled to commendations, promotions, or monetary incentives depending on case merit.
Rule 10: Implementing Body
- Administrative Service (Central Office) and Legal Division (Regional Offices) lead anti-corruption programs.
- Serve as hearing office for breaches of the Code and related rules.
- Handle complaints and coordinate with Ombudsman on employee lifestyle monitoring.
- Legal Service handles appeals involving Code violations.
Rule 11: Penalties and Sanction
- Administrative offenses prosecuted with possibility of criminal and civil charges.
- Violations of the Citizen's Charter punishable under RA 9485.
Rule 12: Repealing Clause
- Inconsistent DENR orders and regulations repealed, amended, or modified except where heavier penalties apply.
Rule 13: Separability Clause
- Invalidity of any provision does not affect the validity of remaining parts of the Code.
Rule 14: Effectivity and Dissemination
- Code takes effect 15 days after publication and registration with the UP Law Center.