Article 158p. 158

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

(2) Completeness or inadequacy of requirements or of

data and information necessary for decision or action;

(3)

Lack

of

resources

caused

by

circumstances

beyond the control of the department, office or agency or

official or employee concerned;

(4) Legal constraints such as restraining orders and

injunctions issued by proper judicial, quasi-judicial or

administrative authorities;

(5) Fault, failure or negligence of the party concerned

which

renders

decision

or

action

not

possible

or

premature; and

(6) Fortuitous events or force majeure .

SECTION 5. Except as otherwise provided by law or

regulation, and as far as practicable, any written action or

decision must contain not more than three (3) initials or

signatures.

In

the

absence

of

the

duly

authorized

signatory, the official next-in-rank or officer-in-charge or

the person duly authorized shall sign for and in his behalf.

The

head

of department, office or agency shall

prescribe, through an appropriate office order, the rules

on the proper authority to sign in the absence of the

regular signatory, as follows:

(1) If there is only one official next in rank, he shall

automatically be the signatory;

(2) If there are two or more officials next in rank, the

appropriate office order shall prescribe the order of

priority among the officials next in rank within the same

organizational unit; or

(3) If there is no official next in rank present and

available, the head of department, office or agency shall

designate an officer-in-charge from among those next

lower in rank in the same organizational unit.

SECTION 6. All public documents must be made

accessible to, and readily available for inspection by, the

public during working hours, except those provided in

Section 3, Rule IV.

SECTION 7. All heads or other responsible officers of

departments, offices and agencies of the government

and of government-owned or controlled corporations

shall, within forty-five (45) working days from the end of

the

year,

render

a

full

and

complete

report

of

performance and accomplishments, as prescribed by

existing laws and regulations.

Another report of compliance with the provisions of

the

Code

and

these

Rules

shall

be

prepared

and

submitted

to

the

Civil

Service

Commission.

The

Commission may require officials to provide additional

information or furnish documents, if necessary.

SECTION 8. Officials and employees and their families

shall lead modest and simple lives appropriate to their

positions

and

income.

They

shall

not

indulge

in

extravagant or ostentatious display of wealth in any form.

Basically,

modest

and

simple

living

means

maintaining a standard of living within the public official

or

employee's

visible

means of income as correctly

disclosed in his income tax returns, annual statement of

assets, liabilities and net worth and other documents

relating

to

financial

and

business

interests

and

connections.

Public funds and property for official use and purpose

shall be utilized with the diligence of a good father of a

family.

RULE VII Public Disclosure

SECTION 1. Every official and employee, except those

who serve in an official honorary capacity, without service

credit or pay, temporary laborers and casual or temporary

and

contractual

workers,

shall file under oath their

statement of assets, liabilities and net worth and a

disclosure of business interests and financial connections

including those of their spouses and unmarried children

under

eighteen

(18)

years

of

age

living

in

their

households, in the prescribed form, Annex A.

(a) Contents of Statement

(1) The Statement of Assets and Liabilities and Net

Worth 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; and

(d) All financial liabilities, both current and long-term.

(2) The Disclosure of Business Interests and Financial

Connections shall contain information on any existing

interests

in,

or

any

existing

connections

with,

any

business enterprises or entities, whether as proprietor,

investor,

promoter,

partner,

shareholder,

officer,

managing

director,

executive,

creditor,

lawyer,

legal

consultant or adviser, financial or business consultant,

accountant,

auditor,

and

the

like,

the

names

and

addresses of the business enterprises or entities, the

dates

when

such

interests

or

connections

were

established, and such other details as will show the

nature of the interests or connections.

(b) When to File

The above documents under the Code must be filed:

(1) within thirty (30) days after assumption of office,

statements of which must be reckoned as of his first day

of service;

(2) on or before April 30 of every year thereafter,

statements of which must be reckoned as of the end of

the preceding year; or

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

service, statements of which must be reckoned as of his

last day of office.

(c) Where to File

The Statement of Assets, Liabilities and Network and

the

Disclosure

of

Business

Interest

and

Financial

Connections

shall

be

filed

by

OFFICIALS

AND

EMPLOYEES

at

the

Offices

indicated

opposite

their

positions:

WHERE TO FILE

OFFICIAL/EMPLOYEE CONCERNED

National Office of

the Ombudsman

President

and

Vice-President

OF

THE PHILIPPINES, CHAIRMEN AND

COMMISSIONERS OF Constitutional

COMMISSIONS & OFFICES

Secretary

of

the

Senate

Senators

Secretary General

of the House of

Representatives

Congressmen

Clerk of Court of

the

Supreme

Court

Justices OF THE SUPREME COURT,

COURT

OF

APPEALS,

SANDIGANBAYAN AND COURT OF

TAX APPEAL

Court

Administrator

Judges OF THE REGIONAL TRIAL

METROPOLITAN

CIRCUIT

TRIAL

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