High standards of ethics in public service

This reminds all public officials and employees that under Article II, Section 4 of the 1987 Philippine Constitution, the prime duty of the Government is to serve and protect the people. Therefore, you aren’t in government to rule over the people but to serve and protect them.

Your public office is a public trust. You don’t own your position, it’s merely entrusted to you. You cannot squander public funds, they’re people's money. You cannot command people, you need to serve and defend them. When you’re criticized, you cannot terrorize your detractors by brandishing libel suits. You cannot be onion-skinned when criticisms aren’t malicious but done in good faith.

This is to remind the chief executive, his vice, senators, congressmen, governors, mayors and other public officials and employees that they’re servants of the people. They aren’t monarchs and royalty who rule over the people, instead of serving them with utmost sense of responsibility, honor, dignity, decency, and ethics too. Behave with the utmost sense of propriety. Mahiya naman kayo.

Presidents, vice presidents, and members of Congress including, members of the Cabinet and their undersecretaries, assistant secretaries, bureau and regional directors, district engineers and other public works officials and personnel, are all bound by high standards of ethics and morality. You need to live modest lives and avoid Lamborghinis and Ferraris, and ostentatious bags and shoes and jewelry for wives, girlfriends, or both. Mahiya naman kayo.

Republic Act 6713 was one of the landmark pieces of legislation passed by Congress after the EDSA Revolution and signed into law on February 20, 1989, by one of the most ethical presidents we ever had, President Corazon Aquino, aside from Presidents Ramon Magsaysay and Benigno Aquino III. This was one of the implementing laws of Article XI of the 1987 Philippine Constitution.

The title of the law is 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 and Enumerating Prohibited Acts and Transactions and Providing Penalties For Violations and For Other Purposes.

Under Section 2 of the law, it’s the policy of the State to promote a high standard of ethics in public service. Public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest.

Under Section 7 of the law, public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office. (b) Outside employment and other activities related thereto. — public officials and employees during their incumbency shall not: (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.

The same public officials and employees shall not 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 recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.

The law also explicitly mandates that public officials and employees 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.

Moreover, this law prohibits solicitation or acceptance of gifts. 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.

Based on all the foregoing, this column concludes that many of the officials and personnel of government are most likely answerable to the people on violations of this law. Of course, most government employees are honest, competent, and conscientious. But there are really many bad eggs in the government. I spent 27 years of my life and career in the government. I know whereof I speak and write about.