Notes in Law on Public Officers - POE shall at all times be loyal to the Republic and to the Filipino

people, promote the use of locally produced goods, resources

Ethical Conduct of Public Officers and Employees and technology and encourage appreciation and pride of
country and people.
Article XI, Section 1, Consti - Public office is a public trust. Public officers
- They shall endeavor to maintain and defend Philippine
and employees must at all times be accountable to the people, serve them
sovereignty against foreign intrusion.
with utmost responsibility, integrity, loyalty and efficiency, act with
o In case of violation:
patriotism and justice, and lead modest lives.
=> may give rise to administrative liability
IRR Rule X, Sec. 1(i) Disloyalty to the Republic of the Philippines
A public servant must exhibit at all times the highest sense of honesty and
and to the Filipino people
integrity (CSC vs. Cortes)
g) Commitment to democracy
RA 6713
- POE shall commit themselves to the democratic way of life and
State Policy (Section 2, R.A. 6713)
values, maintain the principle of public accountability, and
It is the policy of the State to promote a high standard of ethics in public
manifest by deeds the supremacy of civilian authority over the
service. Public officials and employees must at all times be accountable to
military.
the people and shall discharge their duties with utmost responsibility,
- They shall at all times uphold the Constitution and put loyalty to
integrity, competence, and loyalty, act with patriotism and justice, lead
our country above loyalty to persons or party
modest lives, and uphold public interest over personal interest.
h) Simple living
Norms of Conduct (Sec. 4)
- POE and their families shall lead modest lives appropriate to
CPJ PR NpCS
their positions and income.
Every public official and employee shall observe the ff as standards of
- They shall NOT indulge in extravagant or ostentatious display
personal conduct in the discharge and execution of official duties:
of wealth in any form.
a) Commitment to public interest
- Meaning (Section 8, Rule VI, IRR):
- POE shall always uphold the public interest over and above
personal interest. Maintaining a standard of living within the public official or
employee’s visible means of income as correctly disclosed in his
- All government resources and powers of their respective offices
ITRs, annual SALN, and other documents relating to financial or
must be employed and used efficiently, effectively, honestly
business transactions.
and economically, particularly to avoid wastage in public funds
- CSC Memorandum Circular 19
and revenues.
Prohibits the ostentatious display of jewelry when performing
official functions in the workplace, except on special occasions
b) Professionalism
or during official celebrations.
- Public officials and employees shall perform and discharge their
duties with the highest degree of excellence, professionalism,
Duties of Public Officials and Employees (Sec. 5, R.A. 6713)
intelligence and skill.
PASMA
- They shall enter public service with utmost devotion and
a) Act promptly on letters and requests*
dedication to duty.
- within 15 WD from receipt it shall respond to letters, telegrams
- They shall endeavor to discourage wrong perceptions of their
or other means of communications sent by the public.
roles as dispensers or peddlers of undue patronage.
- reply must contain the action taken on the request.
- period shall be counted from date of receipt by the dep’t, office,
o In case of violation:
or agency concerned (Sec. 3, Rule VI, IRR)
=> not a ground for administrative disciplinary action because
the IRR does not provide sanctions for violating this norm.
Period to Act on Transactions
o 5 d for simple transactions
c) Justness and sincerity
o 10 d for complex transactions
- POE shall remain true to the people at all times.
o May be extended under unusual circumstances
- They must act with justness and sincerity and shall not
discriminate against anyone, especially the poor and the
*Simple Transactions - only require ministerial actions
underprivileged.
*Complex Transactions - necessitate the use of discretion in the
- They shall at all times respect the rights of others, and shall
resolution of complicated issues
refrain from doing acts contrary to law, good morals, good
customs, public policy, public order, public safety and public
b) Submit annual performance reports
interest.
- shall, within 45 WD from the end of the year, render a
- GR: They shall not dispense or extend undue favors on account
performance report of the agency/office/corporation w/c shall
of their office to their relatives.
be open & available to the public within regular office hours.
XPN: appointments of relatives:
a. to positions considered strictly confidential or
c) Process docs and papers expeditiously*
b. as members of their personal staff whose terms are
- GR: All official papers and docs must be processed and
coterminous with theirs.
completed within a reasonable time from the preparation
thereof and must contain, as far as practicable, not more than 3
d) Political neutrality
signatories.
- POE shall provide service to everyone without unfair
(Sec. 5, Rule VI, IRR)
discrimination and regardless of party affiliation or preference.
EXCEPT: as otherwise provided by law or regulation
o In case of violation:
Limitation: number of signatories in any document shall be
=> may give rise to administrative liability
limited to a maximum of 5 signatures (Sec. 8(d), ARTA)
IRR Rule X, Sec. 1(h) Unfair discrimination in rendering public
- In the absence of duly authorized signatories, the official next-
service due to party affiliation or preference;
in-rank or officer in charge shall sign for and in their behalf
e) Responsiveness to the public
d) Act immediately on the public’s personal transactions*
- POE shall extend prompt, courteous, and adequate service to
- must attend to anyone who wants to avail himself of the
the public.
services of their offices and must, at all times, act promptly and
- They shall provide information on their policies and procedures
expeditiously.
in clear and understandable language, ensure openness of
- all clients who are within their premises prior to the end of
information, public consultations and hearings, encourage
official working hours should be attended to and served even
suggestions, simplify and systematize policy, rules and
during lunch break and after regular working hours.
procedures, avoid red tape and develop an appreciation of the
(Sec. 8(e), ARTA)
socio-economic conditions, especially in the depressed rural and
urban areas.
e) Make documents accessible to the public
f) Nationalism and patriotism
 - All public docs must be made accessible to, and readily available
for inspection by, the public within reasonable working hours
* Failure to perform the duties under Section 5(a), (c), and (d)
=> is a ground for administrative disciplinary action against the public
official or employee (Sec. 1(j), (k), and (l), Rule X, IRR)
(j) Failure to act promptly on letters and request within 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;
Duty to submit Statements & Disclosure (Sec. 8, RA 6713)
1) SALN (see notes below)
2) Identification & disclosure of relatives
- 4th civil degree of relationship, balae, inso & bilas
3) Accessibility of documents (SALN)
a. made available for inspection at reasonable hours.
b. made available for copying or reproduction after 10 WD
from the time they are filed
c. pay a reasonable fee
d. available to the public for a period of 10 years after receipt
of the statement.
4) Prohibition to obtain or use SALN
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.
Duty to Avoid Conflict of Interest at all times (Sec. 9, RA 6713)
- POE shall avoid conflicts of interest at all times.
- There is conflict of interest when the official or employee is:
a) a substantial stockholder;
- owns, directly or indirectly, shares of stock sufficient
to elect a director of a corporation
b) a member of the Board of Directors;
c) an officer of the corporation;
d) an owner or has substantial interest in a business; or
e) a partner in a partnership;
* divestment shall be mandatory even if he has resigned from
his position in any private business enterprise.
- Has duty to:
1) resign from his position in the business within 30 days from
assumption of office
2) divest himself of his shareholdings or interest within 60
days from assumption of public office -> shall be to a
person other than his spouse and relatives within the 4th
degree.
- applies even if the conflict of interest arises after assumption
- NOT apply to those specifically authorized by law and those who
served the government in an honorary capacity nor to laborers
and casual or temporary workers
- Failure => is a ground for disciplinary action
Prohibited Acts and Transactions (Sec. 7, RA 6713)
FODS
a) Having financial and material interest
- shall not, directly or indirectly, have any financial or material
interest in any transaction requiring the approval of their
office.
- In re: Sec. 3(h), R.A. 3019
b) Outside employment and other activities related thereto
- POE during their incumbency shall NOT: PRE
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.
Period applicable:
GR: prohibitions shall continue to apply for a period of 1 year after
resignation, retirement, or separation from public office,
EXCEPT: subparagraph (b) (2), 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.
Prohibitions Against Private Practice
- GR: No officer or employee shall engage in any private business,
vocation, or profession or be concerned with any commercial,
credit, agricultural, or industrial undertaking without a written
permission from the head of the Department
- Limitation: if an employee is granted permission to engage in
outside activities, the time so devoted outside of office hours
should be fixed by the chief of the agency to the end that it will
not impair in any way the efficiency of the officer or employee.
- XPN: if authorized by the Constitution or law;
Provided: practice will NOT conflict or tends to conflict with the
official functions of the employee concerned.
- prohibition is absolute: in the case of officers and employees
whose duties and responsibilities require that their entire time
be at the disposal of the Government
ex:
 Rule 138, Section 35 — No judge or other official or
employee of the superior courts or of the Office of the
Solicitor General, shall engage in private practice as a
member of the bar or give professional advice to clients.
* Practice does NOT pertain to an isolated court appearance;
rather, it contemplates a succession of acts of the same nature
habitually or customarily holding one’s self to the public as a
lawyer
 Canon 6, Rule 6.03 - A lawyer shall not, after leaving
government service, accept engagement or employment in
connection with any matter in which he had intervened
while in said service
 Sec. 3(d), R.A. 3019 - Accepting or having any member of
his family accept employment in a private enterprise which
has pending official business with him during the pendency
thereof or within one year after its termination.
- Even if alleged use of influence by POE to cause the
employment of his brother-in-law may be a little
tenuous.
Ratio: Public servants are expected to devote their undivided
attention to their public duties, to give the tax payers the competent
and excellent service that they deserve.
c) Disclosure and/or misuse of confidential information
- POE 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
- POE 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.
- Includes: act of liberality, simulated sale or an ostensibly
onerous disposition
- Excludes:
1) From a person other than a member of his family or a
relative (a) Unsolicited gift of nominal or insignificant value;
(b) not given in anticipation of, or in exchange for, a favor
from a POE or given after the transaction is completed, or
service is rendered.
Nominal value of a gift - depends 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 coming from government to government
entities.
6) gifts or grants from foreign governments:
i. The acceptance and retention by a POE of a gift of
nominal value tendered and received as a souvenir or
mark of courtesy;
ii. The acceptance by a POE of a gift in the nature of a
scholarship or fellowship grant or medical treatment; or
iii. The acceptance by a POE 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
In re: RA 3019 par. B & C
Art. 210 – RPC
Agreeing to perform an act constituting a crime, in connection with the
performance of this official duties, in consideration of any offer, promise,
gift or present received by such officer, personally or through the
mediation of another
Accepting a gift in consideration of the execution of an act which does not
constitute a crime, and the officer executed said act
Agreeing to refrain from doing something which it was his official duty to
do, in consideration of a gift or promise
Art. 211 – RPC
Indirect bribery. —Accepting gifts offered to any public officer by reason
of his office
PD No. 46
Receiving, directly or indirectly, and for private persons to give, or offer to
give, any gift, present or other valuable thing on any occasion, including
Christmas, when such gift, present or other valuable thing is given by
reason of his official position, regardless of whether or not the same is for
past favor or favors or the giver hopes or expects to receive a favor or
better treatment in the future from the public official or employee
concerned in the discharge of his official functions. Included within the
prohibition is the throwing of parties or entertainments in honor of the
official or employee or his immediate relatives.
SALN
- POE has oblig to accomplish and submit declarations under oath
of & 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 18 years of age
living in their households. (Section 8, RA 6713)
- SALN should disclose the:
1) assets, liabilities and net worth
2) business interests and financial connections including those
of spouse and minor children
3) relatives employed in government
Purpose:
- to promote transparency in the civil service and serves as a
deterrent against government officials bent on enriching
themselves through unlawful means.
- to avoid any issue regarding questionable accumulation of
wealth / to curtail the acquisition of unexplained wealth.
Who must file:
GR: All officials and employees of the government.
- Whether or not they receive compensation and regardless of
amount.
- In case both spouses are public officials or employees
=> may jointly or separately file.
XPNs:
1) Honorary capacity
2) Temporary
3) Casual
4) Laborer
When shall be submitted:
a) within 30 days after assumption of office;
b) on or before April 30, of every year thereafter; and
c) within 30 days after separation from the service.
Duty to execute a written authority for the Ombudsman to obtain
pertinent docs
- POE shall submit w/in 30 d from the date of their assumption of
office, the necessary authority IFO the Ombudsman to obtain
and secure from all appropriate government agencies, including
the BIR such documents that may show the declarant’s assets,
liabilities, net worth, business interests and financial
connections.
- BUT: it cannot look into bank accounts in private banks since
Banks are covered by a special law (Secrecy of Bank Deposit Act
[RA No. 1405])
- Failure:
1) Failure to submit/file
2) Failure to disclose or misdeclaration
=> can be held administratively liable for failure to declare all of
his assets in SALN even without first being given the opportunity
to correct it if a complaint has already been filed with the
Ombudsman.
(Sec. 1 (m), Rule X, RA 6713 IRR ) – Failure to file a sworn
statements of assets, liabilities and net worth, and disclosure of
business interests and financial connections
- Penalty:
1) First offense
= Suspension of 1 month and 1 day to 6 mos
2) Second offense
= Dismissal
- Violation of Head of Agency:
Failure: to comply with CSC MC No. 10, s. 2006 on review and
compliance procedure
Penalty: Suspension/Dismissal
NOTES:
 Real Properties
- State exact location of the property.
- Assessed Value and the Current FMV should be based on what is
stated in the Tax Declaration of Real Property.
 Casimiro vs. Rigor
- must still submit SALN until dissolution though dead
corporations since dissolution and liquidation are still necessary
- Falsification of an official document such as the SALN is
considered a grave offense & amounts to dishonesty
 Navarro v Ombudsman
- The "lumping" of his properties in his SALN did not, per se,
amount to making an untruthful statement.
- failure to answer the question "Do you have any business
interest and other financial connections including those of your
spouse and unmarried children living in your household?" is NOT
tantamount to gross misconduct or dishonesty
- disclose with particularity the businesses he and his wife were
engaged in = constitute misdeclaration
- Misdeclaration in SALN does NOT automatically amount to
dishonesty. It is only prima facie evidence -> rebuttable
- declarant must be never informed by the applicable office of any
incompleteness or any impropriety in the accomplishment of his
SALNs and direct him to take the necessary corrective action
 - Allowed corrective action: only refer to typographical or
mathematical rectifications and explanation of disclosed entries.
NOT pertain to: hidden, undisclosed or undeclared acquired
assets which the official concerned intentionally concealed
(ex. the use of dummies)
- Dishonesty - intentionally making a false statement of any
material fact, practices or attempts to practice any deception or
fraud in order to secure his examination, registration,
appointment, or promotion. It implies the disposition to lie,
cheat, deceive, betray or defraud; untrustworthiness; lack of
integrity; lack of honesty, probity or integrity in principle; and
the lack of fairness and straightforwardness.
Penalty: dismissal from the service at the first infraction
* failure to disclose assets & such omissions amount to
dishonesty and are not due to clerical errors done in good faith.
= dismissal; otherwise, it is suspension.
- Misconduct - intentional wrongdoing or deliberate violation of a
rule of law or standard of behavior. It should relate to or be
connected with the performance of the official functions and
duties of a public officer. In grave misconduct, the elements of
corruption, clear intent to violate the law, or flagrant disregard
of an established rule must be manifest
- Gross negligence when the breach of duty is flagrant and
palpable
- Simple Negligence ≠ Dishonesty
Ex: omissions in SALN did not betray any sense of bad faith or
the intent to mislead or deceive; w/ actual disclosure of the
extent of his and his wife’s assets and business interests
- Accumulated wealth must be manifestly disproportionate to the
income or other sources of income of the POE and he fails to
properly account or explain his other sources of income
- Where the source of the undisclosed wealth can be properly
accounted for = "explained wealth" which the law does not
penalize
 Pleyto v PNP CIDG
- relevant valuation would be the acquisition cost of the real
properties vis-a-vis, the financial capacity of the petitioner and
his wife at the time of their acquisition. Any appreciation (or
depreciation) in the value of the real properties after their
acquisition until present has no bearing herein.
- No failure to declare properties if correct amount was declared
& others are lumped, w/ inaccurate description.
 Ombudsman v Bernardo
- RA 1379, Sec. 2 - Whenever any public officer or employee has
acquired during his incumbency an amount of property which is
manifestly out of proportion to his salary as such public officer
or employee and to his other lawful income and the income
from legitimately acquired property, said property shall be
presumed prima facie to have been unlawfully acquired
Section 11, par (b) of RA No. 6713 - any violation of the law ‘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
 Galeos v People
- Article 171 Paragraph 4 –
a) the offender makes in a public document untruthful statements
in a narration of facts;
b) he has a legal obligation to disclose the truth of the facts
narrated by him; and
c) the facts narrated by him are absolutely false
- The offender is considered to have taken advantage of his
official position when:
1) he has the duty to make or prepare or otherwise to intervene in
the preparation of a document; or
2) he has the official custody of the document which he falsifies
- statement of relationship is a narration of fact, failure to state
=> falsification of public documents
 PAGC v Pleyto
- Review and Compliance Procedure
- is not a prerequisite to the filing of administrative
charges for false declarations or concealments in ones
SALN
- its only concern is to determine whether the SALNs are
complete and in proper form. This means that the
SALN contains all the required data
- if SEC already revoked the registration of the corporations
where his wife was an incorporator = NOT necessary to indicate
it in SALN
-
 Daplas v DOF
- intent to commit a wrong is required under both the
administrative offenses of Dishonesty and Grave Misconduct
- mere non-declaration of the does not automatically amount to
dishonesty in the absence of malicious intent to conceal the
truth or to make false statements.
- A public officer or employee becomes susceptible to dishonesty
only when such non-declaration results in the accumulated
wealth becoming manifestly disproportionate to his/her income,
and income from other sources, and he/she fails to properly
account or explain these sources of income and acquisitions.
- failure to accomplish SALN properly and accurately w/o intent to
commit a wrong = mere negligence (at the most)
Grounds for Administrative Disciplinary Action
(Sec. 1, Rule X, RA 6713 IRR )
(a-f) Prohibited Acts and Transactions (Sec. 7, RA 6713)
(g) Prohibition to obtain or use SALN
(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 request within 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 a sworn statements of assets, liabilities and net worth,
and disclosure of business interests and financial connections
(n) Failure to resign or divest in case w/ conflict of interest
RA No. 3019 – ANTI-GRAFT AND CORRUPT PRACTICES ACT
Section 3. Corrupt practices of public officers: GGEENIVA PQUD
a) (1) Persuading, inducing or influencing another public officer to
perform an act constituting a (a) violation of a law or (b) an
offense in connection with his official duties, or (2) allowing
himself to be persuaded, induced, or influenced to commit such
violation or offense.
b) Directly or indirectly requesting or receiving any gift, present,
share, percentage, or benefit, for himself or for any other
person, in connection with any contract or transaction between
the Government and any other part, wherein the public officer
in his official capacity has to intervene under the law.
c) Directly or indirectly requesting or receiving any gift, present or
other pecuniary or material benefit, for himself or for another,
from any person for whom the public officer, in any manner or
capacity, has secured or obtained, or will secure or obtain, any
Government permit or license, in consideration for the help
given or to be given
d) Accepting or having any member of his family accept
employment in a private enterprise which has pending official
business with him during the pendency or within 1 yr after its
termination.
Sec. 3(D), R.A. 3019 Art. 229 and 230 - RPC
Divulging valuable information Revealing any secret known to
of a confidential character, him by reason of his official
acquired by his office or by him capacity or wrongfully
on account of his official delivering papers or copies of
position to unauthorized papers of which he may have
persons, or releasing such charge and which should not
information in advance of its be published;
authorized released date
Revealing the secrets of any
private individual which
became known to him by
reason of his office
e) (1) Causing any undue injury to any party/ gov’t , or (2) giving
any private party any unwarranted benefits, advantage or
preference in the discharge of his official administrative or
 judicial functions through manifest partiality, (3) evident bad
faith or gross inexcusable negligence.
Apply to: officers and employees of offices or government
corps. charged w/ the grant of licenses or permits or other
concessions.
f) Neglecting or refusing, after due demand or request, without
sufficient justification, to act within a reasonable time on any
matter pending before him for the purpose of obtaining,
directly or indirectly, from any person interested in the matter
some pecuniary or material benefit or advantage, or for the
purpose of favoring his own interest or giving undue advantage
in favor of or discriminating against any other interested party.
g) Entering, on behalf of the Government, into any contract or
transaction manifestly and grossly disadvantageous to the
same, WON the public officer profited or will profit thereby.
h) Have financing or pecuniary interest in any business, contract
or transaction in connection with which he intervenes or takes
part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
Sec. 3(h), R.A. 3019 Art. 216, RPC Sec. 7, RA 6713
Directly or indirectly Directly or it is not required
having financial or indirectly, shall that the public
pecuniary interest in become official intervene
any transaction in interested in in his official
connection with which any contract or capacity. It is
he intervenes or takes business in enough that he
part in his official which it is his has financial or
capacity, or in which official duty to material interest in
he is prohibited by the intervene. a transaction
Constitution or by any requiring the
law from having any approval of the
interest. office where he is
an official.
i) Becoming interested, for personal gain, or having a material
interest in any transaction or act requiring the approval of a
board, panel or group of which he is a member, and which
exercises discretion in such approval, even if he votes against
the same or does not participate in the action of the board,
committee, panel or group.
j) Interest for personal gain shall be presumed against those public
officers responsible for the approval of manifestly unlawful,
inequitable, or irregular transaction or acts by the board, panel
or group to which they belong.
k) Knowingly approving or granting any license, permit, privilege or
benefit in favor of any person not qualified for or not legally
entitled to such license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not so qualified or
entitled.
l) Divulging valuable information of a confidential character,
acquired by his office or by him on account of his official position
to unauthorized persons, or releasing such information in
advance of its authorized release date.
Section 4. Prohibition on private individuals.
a) a) It shall be unlawful for any person having family or close
personal relation with any public official to capitalize or exploit
or take advantage of such family or close personal relation by
directly or indirectly requesting or receiving any present, gift or
material or pecuniary advantage from any other person having
some business, transaction, application, request or contract with
the government, in which such public official has to intervene.
Family relation includes: (1) the spouse or (2) relatives by
consanguinity or affinity in the third civil degree.
Close personal relation includes: close personal friendship,
social and fraternal connections, and professional employment
all giving rise to intimacy which assures free access to such
public officer.
b) It shall be unlawful for any person knowingly to induce or cause
any public official to commit any of the offenses defined in
Section 3 hereof.
Section 5. Prohibition on certain relatives.
It shall be unlawful for the spouse or for any relative, by consanguinity or
affinity, within the third civil degree, of the:
a) President of the Philippines,
b) Vice-President of the Philippines,
c) President of the Senate, or
d) Speaker of the House of Representatives
to intervene, directly or indirectly, in any business, transaction, contract or
application with the Government.
PROVIDED: That this section shall not apply to:
a) any person who, prior to the assumption of office of any of the
above officials to whom he is related, has been already dealing
with the Government along the same line of business, nor
b) to any transaction, contract or application already existing or
pending at the time of such assumption of public office, nor
c) to any application filed by him the approval of which is not
discretionary on the part of the official or officials concerned but
depends upon compliance with requisites provided by law, or
rules or regulations issued pursuant to law, nor
d) to any act lawfully performed in an official capacity or in the
exercise of a profession.
Section 6. Prohibition on Members of Congress.
It shall be unlawful hereafter for:
a) any Member of the Congress during the term for which he has
been elected, or
b) any other public officer who recommended the initiation in
Congress of the enactment or adoption of any law or resolution
to acquire or receive any personal pecuniary interest in any specific
business enterprise which will be directly and particularly favored or
benefited by any law or resolution authored by him previously approved
or adopted by the Congress during the same term. It is unlawful for such
to continue for thirty days after such approval to retain such interest.
Section 8. Dismissal due to unexplained wealth.
If in accordance with the provisions of RA 1379, a public official has been
found to have acquired during his incumbency, whether in his name or in
the name of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other lawful income,
that fact shall be a ground for dismissal or removal. Properties in the name
of the spouse and unmarried children of such public official may be taken
into consideration, when their acquisition through legitimate means
cannot be satisfactorily shown. Bank deposits shall be taken into
consideration in the enforcement of this section, notwithstanding any
provision of law to the contrary.
Section 11. Prescription of offenses.
All offenses punishable under this Act shall prescribe in 10 years.
RA 9485 - Anti-Red Tape Act of 2007 (ARTA)
SEC. 8. Accessing Frontline Services. - The following shall be adopted by all
government offices and agencies:
(a) Acceptance of Applications and Request - (1) All officers or
employees shall accept written applications, requests, and/or
documents being submitted by clients of the office or agencies.
(2) The responsible officer or employee shall
acknowledge receipt of such application and/or
request by writing or printing clearly thereon his/her
name, the unit where he/she is connected with, and
the time and date of receipt.
(3) The receiving officer or employee shall perform a
preliminary assessment of the request so as to
promote a more expeditious action on requests.
(b) Action of Offices - (1) All applications and/or requests
submitted shall be acted upon by the assigned officer or
employee during the period stated in the Citizen's Charter which
shall not be longer than five working days in the case of simple
transactions and ten (10) working days in the case of complex
transactions from the date the request or application was
received. Depending on the nature of the frontline services
requested or the mandate of the office or agency under unusual
circumstances, the maximum time prescribed above may be
extended. For the extension due to nature of frontline services
or the mandate of the office or agency concerned the period for
the delivery of frontline services shall be indicated in the
Citizen's Charter. The office or agency concerned shall notify the
requesting party in writing of the reason for the extension and
the final date of release for the extension and the final date of
release of the frontline service/s requested.
(2) No application or request shall be returned to the
client without appropriate action. In case an
 application or request is disapproved, the officer or
employee who rendered the decision shall send a
formal notice to the client within five working days
from the receipt of the request and/or application,
stating therein the reason for the disapproval
including a list of specific requirement/s which the
client failed to submit.

(c) Denial of Request for Access to Government Service - Any

denial of request for access to government service shall be fully
explained in writing, stating the name of the person making the
denial and the grounds upon which such denial is based. Any
denial of request is deemed to have been made with the
permission or clearance from the highest authority having
jurisdiction over the government office or agency concerned.

(d) Limitation of Signatories - The number of signatories in any

document shall be limited to a maximum of five signatures
which shall represent officers directly supervising the office or
agency concerned.

(e) Adoption of Working Schedules to Serve Clients - Heads of

offices and agencies which render frontline services shall adopt
appropriate working schedules to ensure that all clients who are
within their premises prior to the end of official working hours
are attended to and served even during lunch break and after
regular working hours.

(f) Identification Card - All employees transacting with the public

shall be provided with an official identification card which
should be visibly worn during office hours.

(g) Establishment of Public Assistance/Complaints Desk - Each

office or agency shall establish a public assistance/complaints
desk in all their offices.

SEC. 9. Automatic Extension of Permits and Licenses. - - If a government

office or agency fails to act on an application and/or request for renewal
of a license, permit or authority subject for renewal within the
prescribed period, said permit, license or authority shall automatically be
extended until a decision or resolution is rendered on the application for
renewal: Provided, That the automatic extension shall not apply when the
permit, license, or authority covers activities which pose danger to public
health, public safety, public morals or to public policy including, but not
limited to, natural resource extraction activities.