Code of Conduct and Ethical Standards for Public Officials and Employees
Also known as: Republic Act No. 6713 · RA 6713 · The Code of Conduct (in Civil Service usage) · Ethical Standards Act (common shorthand in Philippine commentary)
Definition
The Code of Conduct and Ethical Standards for Public Officials and Employees is the short title of Republic Act 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.” Passed by the Eighth Congress and approved on February 20, 1989, the statute covers all elective and appointive officials and employees, permanent or temporary, career or non-career, including military and police personnel, whether or not they receive compensation — and it takes effect thirty days after the completion of its publication in the Official Gazette or in two national newspapers of general circulation. (LawPhil — RA 6713)
The Act is organized into seventeen plain sections rather than articles. Its core is Section 4‘s eight norms of conduct — commitment to public interest, professionalism, justness and sincerity, political neutrality, responsiveness to the public, nationalism and patriotism, commitment to democracy, and simple living — reinforced by Section 5‘s duties (respond to public letters within fifteen working days; render annual performance reports within forty-five working days), Section 7‘s prohibited acts and transactions, Section 8‘s statements and disclosure requirements, Section 9‘s divestment rule, and Section 11‘s penalties. The Civil Service Commission (CSC) has primary responsibility for administering and enforcing the Act, transmitting cases for prosecution, and promulgating its implementing rules, while the Ombudsman must protect citizens who denounce violations. (LawPhil — RA 6713)
Identities
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Also Known As
- Republic Act No. 6713
- RA 6713
- The Code of Conduct (in Civil Service usage)
- Ethical Standards Act (common shorthand in Philippine commentary)
Examples and Analogies
- A bill of duties to match the Constitution’s trust: where the Constitution declares public office a public trust, RA 6713 supplies the trustee’s rulebook — the long title itself recites that the Act exists “to uphold the time-honored principle of public office being a public trust,” then converts the principle into enforceable norms, disclosures, and penalties. (LawPhil — RA 6713)
- The SALN as sunlight: the statement of assets, liabilities, and net worth works like a periodic audit published to the public — filed within thirty days of assuming office, on or before April 30 every year, and within thirty days of separation, with the filer signing an authority letting the Ombudsman pull supporting records even from the Bureau of Internal Revenue. (LawPhil — RA 6713)
- Gifts by the nominal-value test: Section 7’s definition of “receiving any gift” covers anything of more than nominal or insignificant value accepted outside the family, even at Christmas or family celebrations, if given in anticipation of, or in exchange for, a favor — a test that turns intent and value, not the wrapping, into the offense. (LawPhil — RA 6713)
- Verified statutory data:
- Approval: February 20, 1989; Eighth Congress
- Structure: 17 sections (no article divisions)
- Norms (Sec. 4): commitment to public interest; professionalism; justness and sincerity; political neutrality; responsiveness to the public; nationalism and patriotism; commitment to democracy; simple living
- Duties (Sec. 5): reply to letters and requests within 15 working days; annual performance reports within 45 working days of year-end; public access during office hours to documents
- Prohibitions (Sec. 7): financial and material interests in transactions one’s office deals with; outside employment and recommendations; misuse of confidential information; solicitation or acceptance of gifts
- Disclosure (Sec. 8): declarations under oath of assets, liabilities, net worth, and financial and business interests — including those of spouses and unmarried children under eighteen living in the household — filed on the statutory calendar; honorary officers, laborers, and casual or temporary workers are excepted
- Penalties (Sec. 11): fine not exceeding six months’ salary, suspension not exceeding one year, or removal; violations of Sections 7, 8 or 9 punishable by imprisonment not exceeding five years or a fine not exceeding P5,000, or both, with possible disqualification from office
- Administration (Sec. 12): Civil Service Commission, primary responsibility; Ombudsman protects complaining citizens
Usage Scenarios
1. Filing and Reviewing SALNs
Every covered official except honorary officers, laborers, and casual or temporary workers completes the Section 8 disclosure cycle — on assumption of office, annually by April 30, and on separation — declaring the household’s assets, liabilities, net worth, and business interests, and executing the authorization that lets the Ombudsman verify the statements against tax and other government records; the Civil Service Commission’s portal carries the SALN forms as a standing public service. (LawPhil — RA 6713, CSC — Official Website)
2. Enforcing the Ethical Norms
The CSC processes complaints under the Act, metes out administrative discipline, and endorses prosecutions; an administrative finding alone is sufficient cause for removal or dismissal even without criminal prosecution, and private persons who conspire with officials incur the same liability. (LawPhil — RA 6713)
3. Testing Disclosure Duties in High Office
The most consequential application remains the impeachment of Chief Justice Renato Corona, convicted by the Senate on May 29, 2012 by a vote of twenty to three on the article charging failure to disclose to the public his statement of assets, liabilities, and net worth — the disclosure duty that Section 8 of RA 6713 operationalizes for the entire service — with bank records showing account balances, including more than P12 million at the end of 2010, that had not appeared in his statements; he became the first public official removed from office and perpetually disqualified through conviction on impeachment. (Wikipedia — Impeachment of Renato Corona)
Strategies
- Prevention by norms, detection by disclosure: the Act pairs ex ante behavioral standards (the eight norms, the gift rules) with ex post detection instruments (the SALN calendar, the Ombudsman’s verification authority), so that ethics enforcement does not depend on catching a bribe in flagrante. (LawPhil — RA 6713)
- Incentives beside penalties: Section 6 builds a system of incentives and rewards for exemplary service, so the statute motivates the honest majority rather than only punishing deviance — an approach civil-service reformers cite when pressing for career-long integrity programs. (LawPhil — RA 6713)
- Layered enforcement: administration by the CSC, criminal reference to prosecutors, Congress’s retained power to discipline its own members, and Ombudsman protection for whistleblowers distribute the enforcement burden across institutions rather than concentrating it. (LawPhil — RA 6713)
- For researchers: cite the Act by section, not by article — the statute’s seventeen sections are its only divisions, and secondary materials that speak of “Article II” or “Article IX” of RA 6713 are imposing a constitution-style structure the law does not have. (LawPhil — RA 6713)
Security and Safety Measures
- Mandatory, calendared disclosure: the Section 8 filing deadlines and the authority in favor of the Ombudsman to obtain records from the Bureau of Internal Revenue and other agencies make concealment of wealth a documented, provable offense. (LawPhil — RA 6713)
- Prohibition architecture: Section 7 removes the classic corruption channels — self-dealing in official transactions, moonlighting conflicts, trading on confidential information, and gifts exceeding nominal value — by flat prohibition rather than case-by-case balancing. (LawPhil — RA 6713)
- Graduated penalties with a criminal tier: administrative sanctions (fine, suspension, removal) cover all violations, while Sections 7, 8 and 9 violations carry imprisonment up to five years, fines, and disqualification; heavier penalties under other laws prevail when applicable, and conspiring private parties are tried jointly with the officials. (LawPhil — RA 6713)
- Whistleblower protection: the statute directs the Ombudsman to take steps to protect citizens who denounce violations, embedding a safety valve for reporting into the enforcement design. (LawPhil — RA 6713)
- Floor-not-ceiling rule: Section 13 preserves more stringent standards imposed by other laws or agencies, preventing the Code from being invoked to dilute stricter sectoral ethics regimes. (LawPhil — RA 6713)
Historical Context
RA 6713 was enacted in the first regular years of the post-EDSA Congress, translating the 1987 Constitution’s restoration of the public-trust principle into ordinary legislation; approved on February 20, 1989, it consolidated scattered ethics rules — from gift prohibitions to disclosure duties — into one code for all three branches and every level of the service, and equipped the Civil Service Commission to administer it. (LawPhil — RA 6713) Its disclosure machinery reached the apex of the judiciary two decades later: the House impeached Chief Justice Renato Corona on December 12, 2011 with 188 signatures, and the Senate impeachment court convicted him on May 29, 2012 on the SALN non-disclosure article — the first removal of a Chief Justice by impeachment, and the standing demonstration that the statute’s disclosure duties bind even the highest officials. (Wikipedia — Impeachment of Renato Corona)
Challenges and Controversies
SALN Compliance in Practice
The Code’s recurring weakness is uneven compliance: the Corona impeachment showed both the power of the SALN as evidence and the ease with which non-disclosure persisted for years at the top of a branch of government, and annual filing seasons continue to surface late, incomplete, or inaccessible statements despite Section 8’s calendar and inspection rights. (LawPhil — RA 6713, Wikipedia — Impeachment of Renato Corona)
Enforcement Boundaries
The division of labor among the Commission, the Ombudsman, prosecutors, and each House of Congress leaves gaps as well as overlaps — the Act itself preserves Congress’s power to discipline its own members, and the CSC’s administrative findings must travel to other authorities for criminal prosecution, so high-profile cases depend on institutional willingness to act. (LawPhil — RA 6713)
Penal Inflation and the P5,000 Ceiling
Critics note that the criminal fines fixed in 1989 — not exceeding five thousand pesos for violations of Sections 7, 8 and 9 — have lost deterrent force against modern-scale corruption, leaving imprisonment and disqualification to carry the penalty structure. (LawPhil — RA 6713)
Related Topic
- Office of the Ombudsman
- Sandiganbayan
- Civil Service Commission Philippines
- Career Service Examination Philippines
- 1987 Constitution