WELCOME

OESPA, AFP
 SCOPE OF MY PRESENTATION
- Overview of Accountability of Public
Officers

- Overview of Code of Conduct for Public

Officials and Employees
 OVERVIEW OF ACCOUNTABILITY OF
PUBLIC OFFICERS:

The 1987 CONSTITUTION (Article XI)

 Section 1. Public office is a public

trust. Public officers and employees
must at al times be accountable to the
people, serve them with utmost
responsibility, integrity, loyalty, and
efficiency, act with patriotism and
justice, and lead modest lives.
WHO ARE PUBLIC OFFICERS?
Any person who, by direct provision of
law, popular election or appointment by
competent authority, shall take part in
the performance of public functions in
the government of the Philippines, or
shall perform in said government, or in
any of its branches public duties as an
employee, agent or subordinate official
of any rank or class shall be deemed to
be a public officer ( Art. 203 of RPC)
 Art. 219. Failure of responsible officer to
render accounts before leaving the country
 Elements:
 Offender is a public officer;
 He must have unlawfully left the
Philippines without securing from COA a
certificate of showing that his accounts
have been finally settled;
 He must be an accountable officer for
public funds or property.
Art. 220. Illegal Use of Public Funds
or Property
 Elements:
 Offender is a public officer;
 There is a public fund or property under his
administration;
 Such public fund or property has been
appropriated by law or ordinance;
 He applies the same to a public use other than
that for which such fund or property has been
appropriated by law or ordinance.

N.B. Technical Malversation

Off. doesn’t personally profit from the diversion of funds.
 Art. 221. Failure to Make Delivery
of public funds or property
 Elements:
 Offender is a public officer who has
government funds in his possession;
 He is under obligation to make payment
from such funds;
 Fails to make payment maliciously.
N.B. Off refused to make payment after incurring
obligation.
R.A. No. 6713. An Act Establishing a
Code of Conduct and Ethical Standards for
Public Officials and Employees, To Uphold
the Time-Honored Principle of Public
Office Being A Public Trust, Granting
Incentives and Rewards for Exemplary
Service, Enumerating Prohibited Acts and
Transactions and Providing Penalties for
Violations thereof and for other Purposes.
SEC. 7. Prohibited Acts and Transactions. –

1. Public officials and employees shall not, directly

or indirectly, have any financial or material interest in any
transaction requiring the approval of their office.
Conflict of Interest Rule- arises when pub off is a member or
has substantial interest in a company and such interest may
be opposed to or affected by the faithful performance of
official duty./Remedy- resign).

2. 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.
SEC. 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, that 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.
•Section 11: Penalties

- Fine and Imprisonment

- Removal from the service

- Without prejudice to prosecution to

other laws like RA 3019
 R.A. No. 3019. Anti-Graft and Corrupt
Practices Act
SECTION 1. Statement of policy. – It
is the policy of the Philippine
Government, in line with the principle
that a public office is a public trust, to
repress certain acts of public officers
and private persons alike which
constitute graft or corrupt practices or
which may lead thereto. (Public officer
used as a generic term to include
employees)
SECTION 3. Corrupt practices of public officers.

a. Persuading, inducing or influencing another

public officer to perform an act constituting a violation of
rules and regulations duly promulgated by competent
authority or an offense in connection with the official
duties of the latter, or 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 party,
wherein the public officer in his official capacity has to
intervene under the law.
 c. Causing any undue injury to any party, including
the Government, or giving any private party any
unwarranted benefits, advantage or preference in the
discharge of his official, administrative or judicial
functions through manifest partiality, evident bad faith or
gross inexcusable negligence. x x x

d. Entering, on behalf of the Government, into any

contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public
officer profited or will profit thereby.
SECTION 9. Penalties for violations.

- Imprisonment (6-15 yrs)

- Perpetual disqualification from

public office.

- Forfeiture of Unexplained Wealth.

R.A. No. 1379. “An Act Declaring Forfeiture in Favor of
the State any Property Found to have been Unlawfully
Acquired by any Public Officer or Employee x x x.”

Property deemed unlawfully acquired:

(a) Those acquired by the respondent, but

its ownership is concealed by its being recorded
in the name of, or held by, respondent’s spouse,
ascendants, descendants, relatives, or any other
person. (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)
 b) Those acquired by him, but
transferred by him to another person or
persons on or after the effectivity of this Act.

c) Property donated to the respondent

during his incumbency, unless he can prove
to the satisfaction of the court that the
donation is lawful.
 ARTICLES OF WAR

ARTICLE 95. Frauds Against the Government.

 (1) Any person subject to military
law who, having charge, possession,
custody or control of any money or other
property of the Government furnished or
intended for the military service thereof,
knowingly delivers, or causes to be
delivered, to any person having authority
to receive the same, any amount thereof
less than that for which he receives a
certificate or receipt; or
 (2) Any person subject to military law
who steals, embezzles, knowingly and
willfully misappropriates, applies to his
own use or benefit, or wrongfully or
knowingly sells or disposes of any
ordnance, arms, equipment, ammunition,
clothing, subsistence stores, money, or
other property of the Government
furnished or intended for the military
service thereof; or
ARTICLE 96. Conduct Unbecoming an
Officer and a Gentleman. – Any officer,
cadet, flying cadet, or probationary
second lieutenant, who is convicted of
conduct unbecoming an officer and a
gentleman shall be dismissed from the
service.
ARTICLE 97. General Article. (Conduct
Prejudicial to Good Order and Military
Discipline) – Though not mentioned in
these articles, all disorders and neglects to
the prejudice of good order and military
discipline and all conduct of a nature to
bring discredit upon the military service
shall be taken cognizance of by a general
or special or summary court-martial
according to the nature and degree of the
offense, and punished at the discretion of
such court.
QUESTIONS
Gandhi’s 7 Deadly Sins
THANK YOU