Article 154p. 154

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

reproduction and mailing of such statement, as well as

the cost of certification.

(4)

Any statement filed under this Act shall be

available to the public for a period of ten (10) years after

receipt of the statement. After such period, the statement

may

be

destroyed

unless

needed

in

an

ongoing

investigation.

(D) Prohibited acts. - It shall be unlawful for any

person to obtain or use any statement filed under this Act

for:

(a) any purpose contrary to morals or public policy; or

(b) any commercial purpose other than by news and

communications media for dissemination to the general

public.

Section 9. Divestment. - A public official or employee

shall avoid conflicts of interest at all times. When a

conflict of interest arises, he shall resign from his position

in any private business enterprise within thirty (30) days

from his assumption of office and/or divest himself of his

shareholdings or interest within sixty (60) days from such

assumption.

The same rule shall apply where the public official or

employee is a partner in a partnership.

The requirement of divestment shall not apply to

those who serve the Government in an honorary capacity

nor to laborers and casual or temporary workers.

Section 10. Review and Compliance Procedure. - (a)

The

designated

Committees

of both Houses of the

Congress shall establish procedures for the review of

statements to determine whether said statements which

have been submitted on time, are complete, and are in

proper form. In the event a determination is made that a

statement is not so filed, the appropriate Committee shall

so inform the reporting individual and direct him to take

the necessary corrective action.

(b) In order to carry out their responsibilities under

this Act, the designated Committees of both Houses of

Congress shall have the power within their respective

jurisdictions, to render any opinion interpreting this Act,

in writing, to persons covered by this Act, subject in each

instance

to the approval by affirmative vote of the

majority of the particular House concerned.

The individual to whom an opinion is rendered, and

any other individual involved in a similar factual situation,

and who, after issuance of the opinion acts in good faith

in accordance with it shall not be subject to any sanction

provided in this Act.

(c) The heads of other offices shall perform the duties

stated in subsections (a) and (b) hereof insofar as their

respective offices are concerned, subject to the approval

of the Secretary of Justice, in the case of the Executive

Department and the Chief Justice of the Supreme Court,

in the case of the Judicial Department.

Section 11. Penalties. - (a) Any public official or

employee, regardless of whether or not he holds office or

employment in a casual, temporary, holdover, permanent

or regular capacity, committing any violation of this Act

shall

be

punished

with

a

fine

not

exceeding

the

equivalent of six (6) months' salary or suspension not

exceeding one (1) year, or removal depending on the

gravity of the offense after due notice and hearing by the

appropriate body or agency. If the violation is punishable

by a heavier penalty under another law, he shall be

prosecuted under the latter statute. Violations of Sections

7,

8

or

9

of

this

Act

shall

be

punishable

with

imprisonment not exceeding five (5) years, or a fine not

exceeding five thousand pesos (P5,000), or both, and, in

the discretion of the court of competent jurisdiction,

disqualification to hold public office.

(b)

Any

violation

hereof

proven

in

a

proper

administrative proceeding shall be sufficient cause for

removal or dismissal of a public official or employee, even

if no criminal prosecution is instituted against him.

(c) Private individuals who participate in conspiracy as

co-principals, accomplices or accessories, with public

officials or employees, in violation of this Act, shall be

subject to the same penal liabilities as the public officials

or employees and shall be tried jointly with them.

(d) The official or employee concerned may bring an

action against any person who obtains or uses a report

for any purpose prohibited by Section 8 (D) of this Act.

The Court in which such action is brought may assess

against such person a penalty in any amount not to

exceed twenty-five thousand pesos (P25,000). If another

sanction hereunder or under any other law is heavier, the

latter shall apply.

Section 12. Promulgation of Rules and Regulations,

Administration and Enforcement of this Act. - The Civil

Service Commission shall have the primary responsibility

for the administration and enforcement of this Act. It shall

transmit all cases for prosecution arising from violations

of this Act to the proper authorities for appropriate action:

Provided,

however,

That

it

may

institute

such

administrative actions and disciplinary measures as may

be warranted in accordance with law. Nothing in this

provision shall be construed as a deprivation of the right

of each House of Congress to discipline its Members for

disorderly behavior.

The Civil Service Commission is hereby authorized to

promulgate rules and regulations necessary to carry out

the

provisions

of

this

Act,

including

guidelines

for

individuals who render free voluntary service to the

Government. The Ombudsman shall likewise take steps

to protect citizens who denounce acts or omissions of

public officials and employees which are in violation of

this Act.

Section 13. Provisions for More Stringent Standards. -

Nothing in this Act shall be construed to derogate from

any law, or any regulation prescribed by any body or

agency, which provides for more stringent standards for

its official and employees.

Section 14. Appropriations. - The sum necessary for

the effective implementation of this Act shall be taken

from the appropriations of the Civil Service Commission.

Thereafter, such sum as may be needed for its continued

implementation shall be included in the annual General

Appropriations Act.

Section 15. Separability Clause. - If any provision of

this Act or the application of such provision to any person

or circumstance is declared invalid, the remainder of the

Act or the application of such provision to other persons

or

circumstances

shall

not

be

affected

by

such

declaration.

Section 16. Repealing Clause. - All laws, decrees and

orders or parts thereof inconsistent herewith, are deemed

repealed

or

modified

accordingly,

unless

the

same

provide for a heavier penalty.

Section 17. Effectivity. - This Act shall take effect after

thirty (30) days following the completion of its publication

in the Official Gazette or in two (2) national newspapers of

general circulation.

Approved, February 20, 1989.

Rules Implementing The Code of

Conduct and Ethical Standards for

Public Officials and Employees

April 21, 1989

Pursuant to the provisions of Section 12 of Republic

Act No. 6713 , otherwise known as the " Code of Conduct

and Ethical Standards for Public Officials and Employees ,"

approved on February 20, 1989, and which took effect on

March 25, 1989, conformably to Section 17 thereof, the

following Rules are hereby adopted in order to carry out

the provisions of the said Code:

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