Public Officials and Employees Awards

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Questions and Answers

The Committee on Awards to Outstanding Public Officials and Employees is co-chaired by which of the following?

  • The Chairman of the Commission on Audit
  • Both A and B (correct)
  • The Ombudsman
  • The Chairman of the Civil Service Commission

Which of the following is NOT a specified consideration for the conferment of awards to outstanding public officials and employees?

  • The official's political affiliations (correct)
  • The risks or temptations inherent in the work
  • The obscurity of the position
  • The years of service and the quality and consistency of performance

According to the document, what might incentives and rewards for outstanding government officials include?

  • Directorships in government-owned or controlled corporations (correct)
  • Public admonishment
  • Forced earlyretirement
  • Mandatory demotion

What happens if there is no next higher position available for an automatically promoted awardee?

<p>The position is included in the budget of the office in the next General Appropriations Act. (C)</p> Signup and view all the answers

Which statement best describes the role of the Committee on Awards?

<p>To conduct performance reviews and establish an incentive system (A)</p> Signup and view all the answers

A public official owns stock in a company that is bidding for a contract with their agency. This situation is most likely a violation of which provision?

<p>Financial and material interest (A)</p> Signup and view all the answers

A government employee accepts a high-paying job as a consultant for a private company while still employed full-time by the government, without disclosing this arrangement. This is most likely a violation of which provision?

<p>Outside employment and other activities related thereto (D)</p> Signup and view all the answers

The act of a public official using their position to secure a favorable outcome for a business owned by their relative would most likely be considered a violation of standards related to:

<p>Conflict of Interest (B)</p> Signup and view all the answers

Which of the following scenarios would be considered a violation of the Code of Conduct and Ethical Standards for Public Officials and Employees?

<p>A government employee using their position to secure a loan with favorable terms from a bank. (B)</p> Signup and view all the answers

According to Republic Act No. 6713, which entities are encompassed under the term 'Government'?

<p>National Government, Local Government Units (LGUs), and government-owned or controlled corporations. (A)</p> Signup and view all the answers

What constitutes a 'gift' according to the Code of Conduct and Ethical Standards for Public Officials and Employees?

<p>A thing or a right to dispose of gratuitously, or any act of liberality, including simulated sales. (A)</p> Signup and view all the answers

Under what circumstance is receiving a 'gift' considered acceptable for a public official?

<p>When the gift is of nominal or insignificant value and not given in anticipation of a favor. (D)</p> Signup and view all the answers

Which of the following best describes the primary objective of Republic Act No. 6713?

<p>To promote a high standard of ethics in public service and ensure accountability. (A)</p> Signup and view all the answers

What is the definition of a 'substantial stockholder' according to R.A. 6713?

<p>Any person who owns, directly or indirectly, shares of stock sufficient to elect a director of a corporation. (C)</p> Signup and view all the answers

A public official owns a significant amount of stock in a company that is bidding for a government contract within their agency's purview. What aspect of ethical conduct is most directly challenged by this scenario?

<p>Integrity (A)</p> Signup and view all the answers

Which of the following is the most accurate interpretation of 'public office being a public trust' as it relates to the ethical responsibilities of government employees?

<p>Government employees must always act in the best interests of the public, even when it conflicts with personal interests. (C)</p> Signup and view all the answers

A government official is deciding between two equally qualified candidates for a non-confidential position. One candidate is the official's cousin. According to the principles of public service, what should the official do?

<p>Select the other candidate to avoid extending undue favor based on familial relation. (C)</p> Signup and view all the answers

Which scenario exemplifies a public official failing to uphold political neutrality?

<p>A civil servant refuses to process a permit application because the applicant supports a rival political party. (C)</p> Signup and view all the answers

What action best demonstrates a public official's commitment to 'responsiveness to the public'?

<p>Providing clear and understandable information about government policies and procedures. (C)</p> Signup and view all the answers

A public official is offered a significant discount on a luxury car because of their position. Accepting this offer would most directly violate the principle of:

<p>Simple living. (A)</p> Signup and view all the answers

How can a public official best demonstrate 'nationalism and patriotism' in their daily work?

<p>Promoting the use of locally produced goods and technology. (B)</p> Signup and view all the answers

Which action by a public official would be considered a violation of the principle of 'commitment to democracy'?

<p>Using their position to undermine the authority of civilian institutions. (D)</p> Signup and view all the answers

A public official is known for living a lavish lifestyle, far exceeding their known income. This behavior directly contradicts the principle of:

<p>Simple living. (B)</p> Signup and view all the answers

Which scenario demonstrates a public official upholding the principle of extending 'prompt, courteous, and adequate service to the public'?

<p>Providing detailed explanations and assistance to citizens, even for complex issues. (C)</p> Signup and view all the answers

Where do regional and local government employees file their Statement of Assets, Liabilities, and Net Worth?

<p>The Deputy Ombudsman in their respective regions (D)</p> Signup and view all the answers

A private citizen requests copies of SALNs from a government office. According to the rules, when can these be made available?

<p>After 10 working days from filing. (A)</p> Signup and view all the answers

What is the retention period for Statements of Assets, Liabilities, and Net Worth (SALNs) before they can be destroyed?

<p>10 years (A)</p> Signup and view all the answers

Which action concerning Statements of Assets, Liabilities, and Net Worth (SALNs) is explicitly prohibited?

<p>Using the information for commercial purposes, except by news and communications media for dissemination to the general public. (A)</p> Signup and view all the answers

An officer in the armed forces holding the rank of Major needs to file their SALN. Where should they submit it?

<p>The Deputy Ombudsman in their respective regions (A)</p> Signup and view all the answers

Why is it important for a public official or employee to disclose their relatives working in the government?

<p>To ensure transparency and accountability. (C)</p> Signup and view all the answers

A government employee is involved in overseeing a bidding process where a company owned by their sibling is participating. What action should the government employee take?

<p>Disclose the relationship and recuse themselves from the bidding process. (D)</p> Signup and view all the answers

Who is responsible for prescribing the form, manner, and frequency of identifying and disclosing relatives in the government by public officials or employees?

<p>The Civil Service Commission (B)</p> Signup and view all the answers

A municipal engineer, during their term, owns a consulting firm specializing in structural design, which is often contracted for projects in the municipality, but this is expressly allowed by local ordinance. Is this a violation of ethical standards?

<p>No, because the situation is expressly allowed by law. (C)</p> Signup and view all the answers

A government employee, one month after retiring, is offered a high-paying consulting position with a private company that had regular transactions with their former department. What should the employee consider before accepting?

<p>Whether one year has passed since their resignation, retirement, or separation from public office. (C)</p> Signup and view all the answers

A public official is invited to an all-expenses-paid conference in another country related to their field of work. Which condition would allow them to accept the travel grant?

<p>Their acceptance must be approved by the head of their office and be consistent with the interests of the Philippines. (C)</p> Signup and view all the answers

A public servant is also a licensed attorney. Under what condition can they engage in private practice?

<p>If authorized by the Constitution or law, provided such practice does not conflict with their official functions. (B)</p> Signup and view all the answers

A government employee's sibling applies for a position in a private company that regularly liaises with the employee's office. What restriction applies to the employee?

<p>The employee cannot recommend their sibling for the position. (A)</p> Signup and view all the answers

An employee in a government regulatory agency learns about a planned policy change that will significantly benefit a particular company. They share this information with a friend who invests heavily in that company before the information becomes public. What type of violation has occurred?

<p>Disclosure and misuse of confidential information (D)</p> Signup and view all the answers

During a conference, a foreign government official presents a Philippine public official with a pen set as a token souvenir. Can the public official accept this gift?

<p>Yes, if the gift is of nominal value and tendered as a souvenir or mark of courtesy. (A)</p> Signup and view all the answers

A government worker, one year after retirement, wants to practice their profession. Their work would involve matters that were previously handled in their former office. Is there any restriction?

<p>The professional cannot practice their profession in connection with any matter before the office they used to be with. (B)</p> Signup and view all the answers

According to Section 11 of the Act, what is the maximum penalty for public officials who violate Sections 7, 8, or 9?

<p>Imprisonment not exceeding five years, a fine not exceeding five thousand pesos, or both, and disqualification to hold public office at the court's discretion. (D)</p> Signup and view all the answers

If a heavier sanction exists under another law for a violation covered by this Act, which sanction applies?

<p>The heavier sanction under the other law will apply. (C)</p> Signup and view all the answers

Under this Act, what role does the Civil Service Commission primarily play?

<p>It primarily administers and enforces the Act, including transmitting cases for prosecution. (B)</p> Signup and view all the answers

What is the role of private individuals who conspire with public officials to violate this Act?

<p>They are subject to the same penal liabilities as the public officials and will be tried jointly. (B)</p> Signup and view all the answers

According to Section 12, what specific right of each House of Congress is not affected by the provisions of this Act?

<p>The right to discipline its Members for disorderly behavior. (C)</p> Signup and view all the answers

What actions may the Ombudsman take to support the purpose of the Act?

<p>The Ombudsman shall take steps to protect citizens who denounce acts or omissions of public officials and employees which are in violation of this Act. (C)</p> Signup and view all the answers

If an individual uses a report obtained under Section 8 of this Act for a prohibited purpose, what action can the concerned official or employee take?

<p>The concerned official or employee may bring an action against that person, with a potential penalty of up to P25,000. (D)</p> Signup and view all the answers

According to Section 13, how does this Act relate to other laws or regulations that set more stringent standards for public officials and employees?

<p>This Act does not diminish any law or regulation that provides for more stringent standards. (B)</p> Signup and view all the answers

Flashcards

What is RA 6713?

RA 6713 is known as the Code of Conduct and Ethical Standards for Public Officials and Employees.

Qualities of Public Officials

Public officials must be accountable, responsible, competent, loyal, patriotic, just, modest, and uphold public interest.

What does 'Government' include?

Includes national and local governments, agencies, and GOCCs and its subsidiaries.

Who are 'Public Officials'?

Elective and appointive officials/employees, permanent or temporary, including military and police.

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What is a 'Gift'?

A thing or right disposed of gratuitously, including simulated sales.

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What is 'Receiving any gift'?

Accepting a gift from someone (not family) if it's more than nominal value or given in exchange for a favor.

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What does 'Loan' cover?

Simple loan, commodatum, guarantees, or financing arrangements.

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Who is a 'Substantial Stockholder'?

Someone owning enough stock to elect a director.

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Nepotism Prohibition

Avoiding favoritism towards relatives, except for confidential roles or personal staff.

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Political Neutrality

Providing services impartially, without regard to political affiliation.

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Public Responsiveness

Providing prompt, courteous, and adequate service to the public.

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Nationalism and Patriotism

Being loyal to the Republic, promoting local goods, and defending Philippine sovereignty

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Commitment to Democracy

Upholding democracy, public accountability and civilian authority.

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Simple Living

Living modestly, avoiding extravagant displays of wealth.

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Open Communication

Ensuring clear communication of policies and procedures to the public.

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Promote Local Resources

Promoting and using locally produced goods, resources, and technology.

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Committee on Awards: Task

Oversees recognition of outstanding public servants.

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Committee on Awards: Members

Ombudsman, Civil Service Commission Chair, COA Chair, and two presidential appointees.

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Award Criteria

Years of service, performance quality, position obscurity, salary, unique achievements, inherent risks.

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Incentives and Rewards

Bonuses, citations, directorships, scholarships, paid vacations, promotion.

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Awardees: Promotion

Automatic promotion to the next higher position with commensurate salary.

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Prohibited Act: Financial Interest

Having a financial stake in transactions requiring office approval.

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Financial/Material Interest

Public officials shouldn't have financial interests in transactions their office approves.

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Prohibited Act: Outside Employment

Engaging in outside work conflicting with public duties.

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Conflict of interest prohibition

Public officials can't own, control, or manage private enterprises regulated by their office, unless the law allows it.

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Private practice restriction

Public officials generally can't practice their profession privately if it conflicts with their official duties.

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Recommendation prohibition

Public officials can't recommend someone for a job in a private enterprise that deals with their office.

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Post-employment restrictions

These job restrictions apply for one year after leaving office.

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Confidentiality rule

Public officials can't use confidential information for personal gain or to harm public interest.

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Misuse of classified information

This involves divulging private information known to them because of their position and that is not for public consumption.

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Gift prohibition

Public officials can't accept gifts that could influence their decisions.

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Exceptions to gift rule

Souvenirs, scholarships, and travel for the country's interest are generally okay with consent.

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Who files with the Ombudsman?

File with the national office of the Ombudsman.

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Where do Senators/Congressmen file?

Secretaries of Senate/House, Clerk of Supreme Court, Court Administrator, Office of the President.

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Who files with Deputy Ombudsman?

File with the Deputy Ombudsman in their respective regions.

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Where do armed forces officers file?

Office of the President (colonel/naval captain), Deputy Ombudsman (below ranks).

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Where do other public officials file?

With the Civil Service Commission.

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What's required regarding relatives?

Identify and disclose relatives in government.

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Accessibility of statements?

Available for inspection, copying after 10 days, fees apply, available for 10 years.

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Prohibited uses of statements?

Contrary to morals/public policy; commercial (except news media).

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Penalties for Violating Sections 7, 8, or 9

Imprisonment up to 5 years, a fine up to P5,000, or both; potential disqualification from public office.

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Administrative Proceeding Violation Result

Sufficient cause for removal or dismissal, even without criminal prosecution.

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Private Individual Conspiracy Penalties

Subject to the same penalties as public officials and tried jointly with them.

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Action Against Misuse of Report

The official/employee can sue for prohibited use of a report.

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Penalty for Misusing Report (Section 8D)

Penalty not exceeding P25,000.

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Heavier Sanction Rule

The heavier sanction applies.

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Civil Service Commission's Role

Administers and enforces the Act, transmits cases for prosecution, and may institute administrative actions.

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CSC Rule-Making Authority

Authorized to create rules to implement the Act and give guidelines for voluntary services.

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Study Notes

  • Republic Act No. 6713 establishes a code of conduct and ethical standards for public officials and employees.
  • It aims to uphold public office as a public trust and provides penalties for violations.
  • This act is also known as the "Code of Conduct and Ethical Standards for Public Officials and Employees."
  • The State promotes a high standard of ethics in public service.
  • Public officials and employees must be accountable to the people.
  • They are expected to discharge their duties with responsibility, integrity, competence, loyalty, patriotism, and justice.
  • Leading a modest life and prioritizing public interest over personal interest is required.

Definition of Terms

  • Government includes the National Government, local governments, and all instrumentalities, agencies, or branches of the Republic of the Philippines.
  • This includes government-owned or controlled corporations and their subsidiaries.
  • Public officials include elective and appointive officials and employees, whether permanent or temporary.
  • Military and police personnel are also included, regardless of compensation.
  • Gift refers to a thing or right disposed of gratuitously, including simulated sales.
  • Unsolicited gifts of nominal value not given in anticipation of a favor are excluded.
  • Receiving any gift includes accepting gifts from someone other than family members or relatives, especially if the value is significant or given in exchange for a favor.
  • Loan covers simple loans, commodatum, guarantees, and financing arrangements intended to ensure approval.
  • Substantial stockholder refers to a person owning enough shares to elect a director of a corporation and applies to parties in a voting trust.
  • Family includes spouses and unmarried children under 18 years of age.
  • Person includes natural and juridical persons.
  • Conflict of interest arises when a public official is a board member, officer, or substantial stockholder of a private corporation, and their interests may conflict with their official duty.
  • Divestment is the transfer of title or disposal of interest in property, completely dispossessing oneself of the right, except to a spouse or relatives.
  • Relatives include persons related within the fourth civil degree of consanguinity or affinity.

Norms of Conduct for Public Officials and Employees

  • Public officials and employees must uphold public interest over personal interest.
  • Government resources must be used efficiently and economically.
  • Officials must perform duties with excellence, professionalism, intelligence, and skill.
  • Discouraging perceptions of roles as dispensers of undue patronage is a key element.
  • Public officials and employees must act with justness and sincerity.
  • Discrimination against anyone, especially the poor, is prohibited.
  • They should respect the rights of others and abide by laws, morals, customs, public policy, and public safety.
  • Dispensing undue favors to relatives is prohibited, except for confidential positions.
  • Public officials and employees must provide service to everyone without unfair discrimination.
  • They should extend prompt, courteous, and adequate service to the public.
  • Providing clear information on policies and procedures is mandatory.
  • Policy should encourage suggestions, simplify processes, avoid red tape, and understand socio-economic conditions.
  • Public officials and employees must be loyal to the Republic and promote local products.
  • They should maintain Philippine sovereignty against foreign intrusion.
  • Commitment to democracy requires upholding public accountability and civilian authority over the military.
  • Public officials and employees and their families should lead modest lives appropriate to their positions and income.
  • Extravagant displays of wealth are prohibited.
  • The Civil Service Commission promotes these standards through information programs and incentives.
  • This includes workshops and merit increases for employees with outstanding ethical standards.

Duties of Public Officials and Employees

  • Public officials and employees must respond to letters and requests within 15 working days.
  • Heads of offices must render an annual performance report within 45 working days of the year's end, making it available to the public.
  • All official papers and documents must be processed and completed promptly.
  • There should be no more than three signatories.
  • The next-in-rank official signs in the absence of authorized signatories.
  • Act immediately on the public's personal transactions at all times.
  • All public documents must be accessible for public inspection within reasonable hours.

System of Incentives and Rewards

  • Annual incentives and rewards motivate public servants to uphold ethics.
  • A Committee on Awards recognizes outstanding public officials and employees.
  • The committee consists of the Ombudsman, the Chairman of the Civil Service Commission, the Chairman of the Commission on Audit, and two government employees appointed by the President.
  • The Committee conducts periodic reviews of the performance of public officials and employees.
  • This establishes a system of annual incentives and rewards for outstanding merit.
  • Awards consider years of service, performance quality, position obscurity, salary level, unique achievements, and inherent risks.
  • Incentives and rewards include bonuses, citations, directorships, scholarships, paid vacations, and automatic promotions.
  • If no higher position is available, it will be included in the next General Appropriations Act.

Prohibited Acts and Transactions

  • Public officials and employees should not have financial/material interest in transactions requiring their office's approval.
  • During their incumbency, public officials and employees cannot own, control, manage, or accept employment in a regulated private enterprise, unless expressly allowed by law.
  • Engaging in private practice of their profession is disallowed if it conflicts with official functions, unless authorized.
  • Recommending someone to a position in a private firm with official transactions with their office isn't allowed.
  • These prohibitions apply for one year after leaving public office, except for the private practice of profession related to their former office.

Disclosure and Confidentiality

  • Public officials and employees must not use or divulge confidential information for private interests or to prejudice public interest.
  • Gifts should not be solicited or accepted, directly or indirectly.
  • This includes gratuities, favors, entertainment, loans, or anything of monetary value.
  • Congress consents to accepting gifts from foreign governments only if they are souvenirs, scholarships, medical treatments, or travel grants consistent with Philippine interests.
  • The Ombudsman prescribes regulations for reporting and disclosure requirements.
  • This Act does restrict approved educational, scientific, or cultural exchange programs that meet national security requirements.

Statements and Disclosure

  • Public officials and employees must declare under oath their assets, liabilities, net worth, and financial/business interests, including those of their spouses and unmarried children under 18 living in their households.
  • Statements of Assets, Liabilities, and Financial Disclosure are required for all public officials and employees, except honorary officials, laborers, and casual or temporary workers.
  • The documents must contain information on real property, personal property, investments, liabilities, business interests, and financial connections.
  • Documents must be filed within 30 days of assuming office, annually by April 30, and within 30 days of separation from service.
  • Officials must authorize the Ombudsman to obtain documents from government agencies, including the Bureau of Internal Revenue.
  • Husband and wife who are both public officials may file jointly or separately.
  • Constitutional/national elective officials file with the Ombudsman.
  • Senators/Congressmen, Justices, Judges, and national executive officials file with their respective offices.
  • Regional/local officials file Deputy Ombudsman in their regions.
  • Armed forces officers file with the Office of the President or Deputy Ombudsman, depending on rank.
  • All other officials file with the Civil Service Commission.
  • Every public official or employee must disclose their relatives in the Government to the Civil Service Commission.
  • All statements filed are available for public inspection at reasonable hours.
  • Statements are available for copying or reproduction after ten working days.
  • Requesting a copy of a statement requires paying a reasonable fee.
  • Statements are available to the public for ten years, after which they may be destroyed unless needed for an investigation.
  • Using statements for purposes contrary to morals or public policy, or for commercial purposes other than by news media, is unlawful.

Divestment

  • Public officials or employees must avoid conflicts of interest.
  • Resignation from private business within 30 days and/or divestment of shareholdings within 60 days of assuming office is required.
  • This applies to partnerships as well.
  • Divestment doesn't apply to honorary government officials, laborers, or temporary workers.

Review and Compliance Procedure

  • Committees of Congress review statements for timeliness, completeness, and proper form.
  • They inform individuals and direct them to take corrective action if a statement is deficient.
  • Committees can render written opinions interpreting this Act, with the approval of their respective Houses.
  • Individuals acting in good faith based on these opinions are not subject to sanctions.
  • Heads of other offices perform similar duties, subject to approval by the Secretary of Justice or the Chief Justice of the Supreme Court.

Penalties

  • Violations of this Act lead to a fine, suspension, or removal, after due process.
  • Violations of Sections 7, 8, or 9 are punishable with imprisonment up to five years, a fine up to five thousand pesos, or both, and disqualification from holding public office.
  • Violations proven in administrative proceedings can cause removal or dismissal, even without criminal prosecution.
  • Private individuals conspiring with public officials are subject to the same liabilities.
  • Officials can sue anyone using a report for prohibited purposes, with a penalty up to twenty-five thousand pesos.
  • The heavier sanction applies if another law provides a heavier penalty.
  • The Civil Service Commission is responsible for administering and enforcing this Act.
  • Cases arising from violations will be transmitted for prosecution.
  • The House of Congress retains the right to discipline its members.
  • Individuals rendering free voluntary service to the Government are also subject to rules.
  • The Ombudsman protects citizens who report violations.
  • Nothing in this Act derogates from stricter standards set by other laws or regulations.

Appropriations, Separability, Repealing Clause, and Effectivity

  • Necessary funds for the Act's implementation will be taken from Civil Service Commission appropriations.
  • Subsequent funding will be in the annual General Appropriations Act.
  • The Act remains in effect, even if some provisions become invalid.
  • All conflicting laws, decrees, and orders are repealed or modified, unless they provide a heavier penalty.
  • The Act took effect 30 days after publication in the Official Gazette or two national newspapers on February 20, 1989.

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