Title
BUCOR Norms of Behavior and Ethics
Law
Bucor Special Order No. 127, S. 2008
Decision Date
Mar 5, 2008
A Philippine Jurisprudence case highlights the establishment of norms of behavior for officials and employees of the Bureau of Corrections (BuCor), emphasizing the importance of honesty, integrity, and accountability in public service, with violations potentially leading to disciplinary action or criminal charges.

Coverage, scope, and core values

  • Rule I applies to all officials and employees of the Bureau of Corrections (BuCor).
  • Rule II requires BuCor officials and employees to uphold honesty and integrity to enhance the quality and efficiency of public service.
  • BuCor officials and employees must conduct themselves consistent with the dignity and mandate of BuCor, including the custody and rehabilitation of national prisoners.
  • Rule II requires adherence to core values:
    • patriotism and nationalism;
    • commitment to the rule of law and to public interest;
    • honesty, integrity and professionalism in official functions;
    • accountability and transparency in actions in or related to office;
    • impartiality and political neutrality in official functions;
    • utmost dedication, diligence, responsiveness, justness and sincerity in serving the people; and
    • simplicity in lifestyle.

Fidelity to duty standards

  • Rule III, Section 1 requires BuCor officials and employees to exhibit loyalty to the People and commitment to the office mandate at all times.
  • Rule III, Sections 2–3 prohibit favoritism and require performance of duties that are efficient, prompt, fair, and without bias or prejudice, and they prohibit discrimination and undue favors based on personal connections or influence.
  • Rule III, Sections 4–7 require avoidance of impropriety and the appearance of impropriety, forbid conduct incompatible with faithful duty, and forbid discrimination in word or conduct based on race, religion, national or ethnic origin, gender, or political belief or affiliation.
  • Rule III, Sections 5–6 require proper and diligent duty performance, full commitment to duties and responsibilities during working hours, and performance with genuine dedication.
  • Rule III, Section 8 requires economical, productive, effective use of office assets and resources (funds, properties, goods, and services) only for official activities.
  • Rule III, Section 9 requires carrying out duties with utmost and genuine courtesy.

Confidentiality of BuCor information

  • Rule IV, Section 10 prohibits BuCor officials and employees from disclosing confidential information acquired in employment in BuCor.
  • Rule IV, Section 10 also prohibits using or divulging confidential or classified information known by reason of office and not made public to:
    1. further private interests or grant undue advantage to anyone; or
    2. prejudice the public interest; or
    3. prejudice the interest and integrity of BuCor.
  • Rule IV, Section 10 defines confidential information as information not yet made available to the public relating to pending cases, complaints, investigations, procurements, prison records, and other BuCor transactions, including notes, drafts, research papers, internal memoranda, and similar papers.
  • Rule IV, Section 10 limits public statements to the PIO/Superintendent and/or the duly authorized representative.
  • Rule IV, Sections 11–13 allow access or disclosure only under controlled authorization rules:
    • authorized BuCor personnel who possess confidential information may grant access only to co-employees/parties upon a written request approved by the Director and/or his duly authorized representative;
    • disclosure is allowed only by persons duly authorized by statute, court order, or administrative policy of mutual agreement, and only to authorized recipients; and
    • disclosure of confidential information given by parties, counsel, witnesses, or any other persons is prohibited unless expressly authorized by proper authority.
  • Rule IV, Section 14 forbids BuCor officials and employees from altering, falsifying, concealing, destroying, or mutilating any record.

Conflict of interest rules

  • Rule V, Section 15 requires extraordinary diligence to avoid conflicts of interest connected with official duties.
  • Rule V, Section 15 requires that when conflicts of interest arise, the affected BuCor official or employee must immediately disclose in writing to the immediate supervisor and must terminate the conflict.
  • Rule V, Section 16 defines a conflict of interest as any situation where:
    a) a BuCor official’s or employee’s objectivity is impaired or may reasonably appear impaired;
    b) the official’s or employee’s personal concerns run counter to office objectives; or
    c) an official act results in undue personal benefit or advantage for the official or for relatives within the fourth civil degree by consanguinity or affinity.
  • Rule V, Section 17 prohibits the following acts or similar acts (directly or indirectly), and extends prohibitions to relatives within the fourth civil degree by consanguinity or affinity:
    a) entering into any contract with BuCor for the procurement of supplies or services, or for lease or sale of property, at a cost;
    b) participating in any official action involving a party with whom the official (or a relative within the fourth degree) is negotiating for future employment;
    c) seeking additional employment or engaging in other undertakings outside BuCor that prejudice performance of official functions or undermine the interests of the office.

Outside employment and legal practice

  • Rule VI, Section 18 provides that employment in BuCor is a full-time occupation.
  • Rule VI, Section 19 allows additional employment outside BuCor only after securing proper authority and subject to conditions that it:
    a) is performed outside normal working hours;
    b) is not incompatible with the performance of BuCor duties and office functions;
    c) does not require private practice of the profession, except for services as instructor, professor, lecturer, resource person, or notary public; and
    d) does not require or induce disclosure of confidential information acquired by reason of BuCor employment.
  • Rule VI, Section 20 prohibits BuCor Legal Officers/Lawyers from appearing as counsel unless they secure proper authority from the Director.
  • Rule VI, Section 21 permits BuCor officials and employees with technical expertise to practice their profession only upon securing a permit from the Director.

Relations with the public

  • Rule VII, Section 22 requires BuCor officials and employees to treat the public with utmost respect, courtesy, consideration, and reason.
  • Rule VII, Section 23 requires avoidance of activities inviting suspicion of lack of objectivity, impartiality, or propriety, and requires conduct consistent with the dignity of the Corrections Service, refraining from conduct that brings discredit or embarrassment to BuCor.
  • Rule VII, Section 24 prohibits inappropriate public comments, including statements of personal opinions that can be construed as official.
  • Rule VII, Section 25 requires fairness and equality and requires active roles to ensure the work environment is free of discrimination and harassment.

Post-employment ethical restrictions

  • Rule VIII, Section 26 defines post-employment as when a public official leaves the public sector and obtains employment in the private sector, focusing on employment bearing a close or sensitive relationship with the person’s former BuCor position.
  • Rule VIII, Section 27 strictly prohibits former BuCor officials and employees who join the private sector and whose present employment bears a direct relationship to their former BuCor position from meeting, transacting, or dealing (directly or indirectly) with incumbent BuCor officials and employees on any matter/case pending with the office.
  • Rule VIII, Section 27 requires incumbents to observe the ethical standards prescribed by the Office in dealing with such former officials and employees.
  • Rule VIII, Section 28 allows BuCor officials, for requests for assistance, to extend assistance to former BuCor officials and employees on official business only.

Application of general public conduct rules

  • Rule IX provides that all provisions of law, rules, and regulations governing or regulating the conduct of public officials and employees in general apply as suppletory to these BuCor rules.

Disciplinary consequences

  • Rule X provides that any violation of these Rules is a ground for disciplinary action, without prejudice to filing appropriate criminal charges if warranted.

Effectivity and publication requirements

  • Rule XI provides that the Rules take effect after fifteen (15) days following completion of publication in the Official Gazette.
  • Rule XI also requires filing with the University of the Philippines Law Center of three (3) certified copies of the Rules before effectivity.

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