Article 161p. 161

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

(1) Unsolicited gift of nominal or insignificant value

not given in anticipation of, or in exchange for, a favor

from a public official or employee or given after the

transaction is completed, or service is rendered. As to

what is a gift of nominal value will depend on the

circumstances of each case taking into account the salary

of the official or employee, the frequency or infrequency

of the giving, the expectation of benefits, and other

similar factors.

(2) A gift from a member of his family or relative as

defined

in

the

Code

on

the

occasion

of

a

family

celebration, and without any expectation of pecuniary

gain or benefit.

(3) Nominal donations from persons with no regular,

pending, or expected transactions with the department,

office or agency with which the official or employee is

connected, and without any expectation of pecuniary

gain or benefit.

(4)

Donations coming from private organizations

whether

local or foreign, which are considered and

accepted as humanitarian and altruistic in purpose and

mission.

(5)

Donations

from

government

to

government

entities.

As to gift or grants from foreign governments, the

Congress consents to:

(i) The acceptance and retention by 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 grant or expenses for travel taking place entirely

outside

the

Philippines

(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.

Nothing in the Code shall be construed to restrict or

prohibit any educational, scientific or cultural exchange

programs subject to national security requirements.

(g) Obtaining or using any statement filed under the

Code for any purpose contrary to morals or public policy

or any commercial purpose other than by news and

communications media for dissemination to the general

public;

(h) Unfair discrimination in rendering public service

due to party affiliation or preference;

(i) Disloyalty to the Republic of the Philippines and to

the Filipino people;

(j) Failure to act promptly on letters and requests

within fifteen (15) days from receipt, except as otherwise

provided in these Rules;

(k) Failure to process documents and complete action

on documents and papers within a reasonable time from

preparation thereof, except as otherwise provided in

these Rules;

(l) Failure to attend to anyone who wants to avail

himself of the services of the office, or to act promptly

and expeditiously on public personal transactions;

(m)

Failure

to

file

sworn

statements

of

assets,

liabilities

and net worth, and disclosure of business

interests and financial connections; and

(n) Failure to resign from his position in the private

business

enterprise

within

thirty

(30)

days

from

assumption of public office when conflict of interest

arises, and/or failure to divest himself of his shareholdings

or interests in private business enterprise within sixty (60)

days from such assumption of public office when conflict

of interest arises: Provided , however , that for those who

are already in the service and a conflict of interest arises,

the official or employee must either resign or divest

himself of said interests within the periods herein-above

provided, reckoned from the date when the conflict of

interest had arisen.

RULE XI Penalties

SECTION 1. Any 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 the Code 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 Section 7, 8 or 9 of the Code shall be

punishable with imprisonment not exceeding five (5)

years,

or a fine not exceeding five thousand pesos

(P5,000.00) or both, and, in the discretion of the court of

competent jurisdiction, disqualification to hold public

office.

Any violation hereof proven in a proper administrative

proceeding

shall

be

sufficient cause for removal or

dismissal of an official or employee, even if no criminal

prosecution is instituted against him.

Private individuals who participate in conspiracy as

co-principals, accomplices or accessories, with officials or

employees, in violation of the Code, shall be subject to the

same penal liabilities as the officials or employees and

shall be tried jointly with them.

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 the Code.

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

(P25,000.00).

If

another sanction hereunder or under any other law is

heavier, the latter shall apply.

SECTION 2. Administrative proceedings for violation

of these Rules shall be in accordance with the Civil

Service Law and Rules.

RULE XII Free Voluntary Service

SECTION 1. (a) Free voluntary service refers to services

rendered by persons who are in government without pay

or compensation.

(b) The requirements of free voluntary service are as

follows:

(1) Issuance of an appropriate document;

(2)

Fitness

and

suitability

for

the

duties

and

responsibilities of the particular position; and

(3) Compliance with the rule on nepotism.

(c) The following are the functions or services that

volunteers can perform:

(1) Advisory;

(2) Consultancy or counselling;

(3) Recommendatory;

© Compiled by RGL

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