Article 153p. 153

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

financial or material interest in any transaction requiring

the approval of their office.

(b) Outside employment and other activities related

thereto. - Public officials and employees during their

incumbency shall not:

(1) Own, control, manage or accept employment as

officer,

employee,

consultant, counsel, broker, agent,

trustee or nominee in any private enterprise regulated,

supervised or licensed by their office unless expressly

allowed by law;

(2) Engage in the private practice of their profession

unless authorized by the Constitution or law, provided,

that such practice will not conflict or tend to conflict with

their official functions; or

(3) Recommend any person to any position in a

private enterprise which has a regular or pending official

transaction with their office.

These prohibitions shall continue to apply for a period

of one (1) year after resignation, retirement, or separation

from public office, except in the case of subparagraph (b)

(2) above, but the professional concerned cannot practice

his profession in connection with any matter before the

office he used to be with, in which case the one-year

prohibition shall likewise apply.

(c)

Disclosure

and/or

misuse

of

confidential

information. - Public officials and employees shall not use

or divulge, confidential or classified information officially

known to them by reason of their office and not made

available to the public, either:

(1) To further their private interests, or give undue

advantage to anyone; or

(2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts. - Public officials

and employees shall not solicit or accept, directly or

indirectly, any gift, gratuity, favor, entertainment, loan or

anything of monetary value from any person in the

course of their official duties or in connection with any

operation being regulated by, or any transaction which

may be affected by the functions of their office.

As to gifts or grants from foreign governments, the

Congress consents to:

(i) The acceptance and retention by a public official or

employee

of

a

gift of nominal value tendered and

received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of

a gift in the nature of a scholarship or fellowship grant or

medical treatment; or

(iii) The acceptance by a public official or employee of

travel grants or expenses for travel taking place entirely

outside

the

Philippine

(such

as

allowances,

transportation, food, and lodging) of more than nominal

value if such acceptance is appropriate or consistent with

the interests of the Philippines, and permitted by the

head of office, branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as

may be necessary to carry out the purpose of this

subsection, including pertinent reporting and disclosure

requirements.

Nothing in this Act shall be construed to restrict or

prohibit any educational, scientific or cultural exchange

programs subject to national security requirements.

Section

8.

Statements

and

Disclosure.

-

Public

officials and employees have an obligation to accomplish

and submit declarations under oath of, and the public

has the right to know, their assets, liabilities, net worth

and financial and business interests including those of

their spouses and of unmarried children under eighteen

(18) years of age living in their households.

(A) Statements of Assets and Liabilities and Financial

Disclosure. - All public officials and employees, except

those who serve in an honorary capacity, laborers and

casual or temporary workers, shall file under oath their

Statement of Assets, Liabilities and Net Worth and a

Disclosure

of

Business

Interests

and

Financial

Connections and those of their spouses and unmarried

children under eighteen (18) years of age living in their

households.

The two documents shall contain information on the

following:

(a) real property, its improvements, acquisition costs,

assessed value and current fair market value;

(b) personal property and acquisition cost;

(c) all other assets such as investments, cash on hand

or in banks, stocks, bonds, and the like;

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

(a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(c) within thirty (30) days after separation from the

service.

All public officials and employees required under this

section to file the aforestated documents shall also

execute, within thirty (30) days from the date of their

assumption of office, the necessary authority in favor of

the

Ombudsman

to

obtain

from

all

appropriate

government agencies, including the Bureau of Internal

Revenue, such documents as may show their assets,

liabilities, net worth, and also their business interests and

financial

connections

in

previous

years, including, if

possible, the year when they first assumed any office in

the Government.

Husband and wife who are both public officials or

employees may file the required statements jointly or

separately.

The Statements of Assets, Liabilities and Net Worth

and the Disclosure of Business Interests and Financial

Connections shall be filed by:

(1) Constitutional and national elective officials, with

the national office of the Ombudsman;

(2) Senators and Congressmen, with the Secretaries

of

the

Senate

and

the

House

of

Representatives,

respectively; Justices, with the Clerk of Court of the

Supreme Court; Judges, with the Court Administrator;

and all national executive officials with the Office of the

President.

(3) Regional and local officials and employees, with

the Deputy Ombudsman in their respective regions;

(4) Officers of the armed forces from the rank of

colonel or naval captain, with the Office of the President,

and

those

below

said

ranks,

with

the

Deputy

Ombudsman in their respective regions; and

(5) All other public officials and employees, defined in

Republic Act No. 3019, as amended, with the Civil Service

Commission.

(B) Identification and disclosure of relatives. - It shall

be the duty of every public official or employee to identify

and

disclose,

to

the

best

of

his

knowledge

and

information, his relatives in the Government in the form,

manner and frequency prescribed by the Civil Service

Commission.

(C) Accessibility of documents. - (1) Any and all

statements filed under this Act, shall be made available

for inspection at reasonable hours.

(2) Such statements shall be made available for

copying or reproduction after ten (10) working days from

the time they are filed as required by law.

(3) Any person requesting a copy of a statement shall

be required to pay a reasonable fee to cover the cost of

© Compiled by RGL

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