Ethics in Government and

Understanding Sexual Harassment 

By:

Atty. Efren P. MartinezHead Revenue Executive Assistant (HREA)

Internal Affairs Service

II. Ethics in general – its meaning and application

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Meaning• investigates morality of human conduct to ensure adherence with the accepted

norms or standard of behaviour.• it is concerned with the righteousness or wrong doings of any individual

manifested by his actions and this is called morality.• thus, ethics and morality have the same application and meaning.

Application• if applied, anything that is right or wrong, in knowing whether our action is moral or

ethical, shall depend on a particular motive, the circumstances or the nature of the act itself (MCN) e.g. kindness

• it means, it is not only knowing what is right (morally upright), its is also in doing it (action).

• ethical or Moral principles = (individual goodness + action).• in essence, ethics and morality deal with the completeness of human self (self-

respect) and concreteness of human life (moral regard for the value of others. Simply stated, it is the process of acknowledging one’s responsibility towards fellow workers.

When applied to government service, it seeks to achieve the core value, norms, principles as part of a human discipline. It prescribes rules for human conduct bearing in mind our roles and responsibilities as public servants.

IIII. . Its Basis – Republic Act No. 6713Its Basis – Republic Act No. 6713

- also known as the “Code of Conduct also known as the “Code of Conduct and Ethical Standards for Public and Ethical Standards for Public Officials and EmployeesOfficials and Employees

- Approved on February 20, 1989 by Approved on February 20, 1989 by then President Corazon C. Aquinothen President Corazon C. Aquino

  

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R.A. 6713 was a product of People Power. It R.A. 6713 was a product of People Power. It ushered in a clamor for the restoration of clean ushered in a clamor for the restoration of clean and honest government. It was also the time and honest government. It was also the time when Tita Cory was catapulted to the Presidency when Tita Cory was catapulted to the Presidency who carried her fight by restoring Democracy in who carried her fight by restoring Democracy in the country and advocating greater transparency the country and advocating greater transparency and accountability in public service.and accountability in public service.

R.A. 6713 was a product of People Power. It R.A. 6713 was a product of People Power. It ushered in a clamor for the restoration of clean ushered in a clamor for the restoration of clean and honest government. It was also the time and honest government. It was also the time when Tita Cory was catapulted to the Presidency when Tita Cory was catapulted to the Presidency who carried her fight by restoring Democracy in who carried her fight by restoring Democracy in the country and advocating greater transparency the country and advocating greater transparency and accountability in public service.and accountability in public service.

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Declaration Of PolicyDeclaration Of Policy Public office is a public trust. It is the policy of the State to Public office is a public trust. It is the policy of the State to

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

(Section 2, RA No. 6713, Code of Conduct and Ethical Standards (Section 2, RA No. 6713, Code of Conduct and Ethical Standards for Public Officials and Employees and Article XI, Section 1, for Public Officials and Employees and Article XI, Section 1, 1987 Constitution).1987 Constitution).

Declaration of Policy Declaration of Policy - - it encompasses the ethical it encompasses the ethical norm/standard on how accountability in the service norm/standard on how accountability in the service shall be measured.shall be measured.

Declaration of Policy Declaration of Policy - - it encompasses the ethical it encompasses the ethical norm/standard on how accountability in the service norm/standard on how accountability in the service shall be measured.shall be measured.

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DECLARATION OF POLICYDECLARATION OF POLICY (NSO)(NSO)

• NNature of Public Officeature of Public Office - Public office is a public trust. - Public office is a public trust. • SState’s Policy in relation to the declaration of policytate’s Policy in relation to the declaration of policy - promote a high standard of ethics in public service.- promote a high standard of ethics in public service.• OOath of one’s office ath of one’s office (AULD)(AULD) - - AAct with patriotism and justice; ct with patriotism and justice; - - UUphold public interest over personal interest.phold public interest over personal interest. - - LLead modest lives; andead modest lives; and - - DDischarge one’s duties with utmost responsibility, integrity, ischarge one’s duties with utmost responsibility, integrity,

competence and loyalty; competence and loyalty;

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Observance of Principles and Norms of Conduct for Observance of Principles and Norms of Conduct for Government Officials and EmployeesGovernment Officials and Employees

• OObservance of fairness - bservance of fairness - by respecting the rights of others and act by respecting the rights of others and act with courtesy, consideration, sensitivity, fairness and equity;with courtesy, consideration, sensitivity, fairness and equity;

• AAvoiding wastage of public funds and revenues voiding wastage of public funds and revenues - by using all - by using all government resources and facilities efficiently, honestly and government resources and facilities efficiently, honestly and economically to avoid wastage of public funds and revenues; economically to avoid wastage of public funds and revenues;

• DDesisting from taking advantage of one’s official duty - esisting from taking advantage of one’s official duty - by not by not obtaining personal gain or for any other person; obtaining personal gain or for any other person;

• DDesistingesisting undue favors on account of one’s office - undue favors on account of one’s office - by abstaining by abstaining favors to family or relativesfavors to family or relatives

• MMaintaining Principle of Accountability - aintaining Principle of Accountability - by committing to the by committing to the democratic way of life and values,democratic way of life and values,

• UUpholding the Constitution and laws of the Republic of the pholding the Constitution and laws of the Republic of the PhilippinesPhilippines - by putting loyalty to country above persons or party; - by putting loyalty to country above persons or party;

• UUpholding Public Interest – pholding Public Interest – by upholding public interest over and by upholding public interest over and above above

personal interest. personal interest.

• UUtmost dedication to duty - tmost dedication to duty - by performing one’s duties with utmost by performing one’s duties with utmost dedication to duty with the highest degree of integrity, honesty, dedication to duty with the highest degree of integrity, honesty, excellence, professionalism.excellence, professionalism.

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  •These are rights commonly enjoyed These are rights commonly enjoyed •Prescribed by the Constitution, existing laws, Rules and Prescribed by the Constitution, existing laws, Rules and RegulationsRegulations•Granting incentives and rewards for exemplary serviceGranting incentives and rewards for exemplary service

III – Rights of Public Officials and III – Rights of Public Officials and EmployeesEmployees

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• Support and Loyalty to the AgencySupport and Loyalty to the Agency(Rendering One’s Service With Utmost Dedication)(Rendering One’s Service With Utmost Dedication)

- Upholding and abiding by one’s Oath of Office including - Upholding and abiding by one’s Oath of Office including provisions provisions

on loyalty and prohibition against strikes.on loyalty and prohibition against strikes.- As a manifestation of national unity and patriotism and love - As a manifestation of national unity and patriotism and love

of of country, attendance at the Flag Ceremony every Monday is country, attendance at the Flag Ceremony every Monday is

mandatory. Failure to attend the Flag Ceremony for two (2) mandatory. Failure to attend the Flag Ceremony for two (2) consecutive times in a month and without justifiable cause is consecutive times in a month and without justifiable cause is

an an administrative offense.administrative offense.

IV. Responsibilities and Obligations of Public Officials and Employees

•Objective: to ensure public accountability, attain high standard of Objective: to ensure public accountability, attain high standard of morality, honesty, decency and good governance.morality, honesty, decency and good governance.

RESPONSIBILITY TO THE AGENCYRESPONSIBILITY TO THE AGENCY

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• Enforcement of Policies and Programs Enforcement of Policies and Programs

-responsibility for implementing policies and programs -responsibility for implementing policies and programs promptly, conscientiously, efficiently and effectively. promptly, conscientiously, efficiently and effectively. - responsibility in assisting in attaining its goals and objectives .- responsibility in assisting in attaining its goals and objectives .- is expected to know relevant policies, regulations, orders and other - is expected to know relevant policies, regulations, orders and other

similar programs. similar programs.

• RESPONSIBILITY AS HEAD OF OFFICERESPONSIBILITY AS HEAD OF OFFICE- full responsibility for one’s decisions and actions. - full responsibility for one’s decisions and actions. - be held liable for any act, conduct and/or behavior of those under - be held liable for any act, conduct and/or behavior of those under

one’s respective jurisdiction, if proven to have knowledge of or one’s respective jurisdiction, if proven to have knowledge of or ought to have known such act.ought to have known such act.

- responsible for enhancing the efficiency of all personnel.- responsible for enhancing the efficiency of all personnel.- reporting in writing to the proper authorities any knowledge of any - reporting in writing to the proper authorities any knowledge of any incidence of neglect of duty, incompetence or malfeasanceincidence of neglect of duty, incompetence or malfeasance- ensuring faithful compliance of all pertinent issuances affecting the - ensuring faithful compliance of all pertinent issuances affecting the

enforcement. of laws and its implementing rules.enforcement. of laws and its implementing rules.

• Quality of a Good and Responsible LeaderQuality of a Good and Responsible Leader- Practice and advocate the qualities of a good and responsible leader.- Practice and advocate the qualities of a good and responsible leader.- Serve as role model of the office/unit that he/she represents.- Serve as role model of the office/unit that he/she represents.- Influence, inspire and empower his/her subordinates and co-workers in - Influence, inspire and empower his/her subordinates and co-workers in

promoting and supporting the required norms, values, conduct and promoting and supporting the required norms, values, conduct and behavior.behavior. 11

• Accountability for Government Money and PropertyAccountability for Government Money and Property

- any money, property or other thing of value received by, or - any money, property or other thing of value received by, or coming into, his/her custody.coming into, his/her custody.

- prohibition from using government time, property and/or facilities, - prohibition from using government time, property and/or facilities, including equipment and supplies, for conducting including equipment and supplies, for conducting personal business personal business or for unauthorized purposes.or for unauthorized purposes.

- - liability for damage and/or loss of government/BIR property liability for damage and/or loss of government/BIR property resulting from his/her negligence and/or the unauthorized use of resulting from his/her negligence and/or the unauthorized use of such property.such property.

- Only authorized Officials and Employees are allowed the use of - Only authorized Officials and Employees are allowed the use of Government/BIR-owned or leased motor vehicles for official Government/BIR-owned or leased motor vehicles for official purpose only.purpose only.

- maintaining the integrity and security of all official documents or - maintaining the integrity and security of all official documents or information under his/her responsibility and custody.information under his/her responsibility and custody.

- be responsible in protecting and conserving the Information and - be responsible in protecting and conserving the Information and Communication Technology (ICT) resources and be responsible for Communication Technology (ICT) resources and be responsible for observing all established policies, procedures and requirements in observing all established policies, procedures and requirements in the ICT environment. the ICT environment.

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- Records and documents that form part of official files are held - Records and documents that form part of official files are held under strict confidentiality.under strict confidentiality.

In case of loss and/or damage thereof, due and prompt reporting In case of loss and/or damage thereof, due and prompt reporting of the same must be made in accordance with the prescribed rules of the same must be made in accordance with the prescribed rules and guidelines.and guidelines.

Upon transfer of assignment, resignation, retirement or separation Upon transfer of assignment, resignation, retirement or separation from the revenue service.from the revenue service.

• Turn- over of Government Money and PropertyTurn- over of Government Money and Property

In case of transfer, resignation or separation from the service.In case of transfer, resignation or separation from the service.

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Guiding principle: Service Excellence with Integrity Guiding principle: Service Excellence with Integrity and and Professionalism (with equity, promptness and Professionalism (with equity, promptness and efficiency)efficiency)- Performance of High Quality Service - Performance of High Quality Service

• Demonstration of Integrity Demonstration of Integrity - bearing in mind the Oath of Office- bearing in mind the Oath of Office- by upholding dignity, fairness and honesty - by upholding dignity, fairness and honesty - by not allowing to undue pressure and influence to affect - by not allowing to undue pressure and influence to affect

one’s one’s decisions or orders.decisions or orders.

• Proper Exercise of Discretionary Powers Proper Exercise of Discretionary Powers - Established rules and procedures should be observed - Established rules and procedures should be observed - by assuring the paramount interest of the agency over and - by assuring the paramount interest of the agency over and

above above personal interest. personal interest.

• Maintenance of Good Public RelationsMaintenance of Good Public Relations- Courtesy, Fairness and Impartiality- Courtesy, Fairness and Impartiality

RESPONSIBILITY TO THE PUBLICRESPONSIBILITY TO THE PUBLIC

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• Prohibition Against Conflict of Interest and Prohibition Against Conflict of Interest and PartialityPartiality

- A. ● Conflict of interest arises:- A. ● Conflict of interest arises: When one is:When one is:    1. a substantial stockholder; or1. a substantial stockholder; or

2. a member of the Board of Directors; or 2. a member of the Board of Directors; or 3. an officer of the corporation; or 3. an officer of the corporation; or 4. an owner or has substantial interest in a business; or 4. an owner or has substantial interest in a business; or 5. a partner in a partnership; and 5. a partner in a partnership; and

One’s interests are opposed to or affected vis-à-vis the One’s interests are opposed to or affected vis-à-vis the faithful faithful

performance of one’s official duty.performance of one’s official duty.  - ● Requirement for Validity of Divestment of Interest- ● Requirement for Validity of Divestment of Interest

(1)(1)Resignation from one’s position in any private business Resignation from one’s position in any private business enterprise within thirty (30) days from one’s assumption of enterprise within thirty (30) days from one’s assumption of office and/or within sixty (60) days from becoming a office and/or within sixty (60) days from becoming a shareholder or holder of rights thereof. shareholder or holder of rights thereof.

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● ● Prohibited Acts Constituting Conflict of Interest and Prohibited Acts Constituting Conflict of Interest and PartialityPartiality  The following are the prohibited acts and transactions: The following are the prohibited acts and transactions:    1. 1. EEmployment of a member of one’s family mployment of a member of one’s family in a in a private enterprise which has a pending official business with private enterprise which has a pending official business with him/her or him/her or within one year after its terminationwithin one year after its termination;;

    2. 2. FFinancial or pecuniary interestinancial or pecuniary interest in any businessin any business, contract or , contract or transaction when transaction when one intervenes or takes part in one’s one intervenes or takes part in one’s official official capacity.capacity.

3.3. RRequesting or receiving any presentequesting or receiving any present, gift or material or , gift or material or pecuniary advantage on pecuniary advantage on account of private account of private individual’s family or close personal relation/association.individual’s family or close personal relation/association.

    4. 4. EEntering into, on behalf of the agency, any contract or ntering into, on behalf of the agency, any contract or transaction manifestly transaction manifestly and grossly disadvantageous to said and grossly disadvantageous to said agencyagency, whether or not one has profited or will profit thereby;, whether or not one has profited or will profit thereby;  

5. 5. NNeglecting or refusing to act within a reasonable time eglecting or refusing to act within a reasonable time on any on any matter pending before him/her matter pending before him/her for the purpose of obtaining, for the purpose of obtaining, directly or indirectly, some pecuniary or material directly or indirectly, some pecuniary or material benefit or benefit or advantage.advantage.

6. 6. PPrivilege or benefit in favor of any person rivilege or benefit in favor of any person not qualified for or not qualified for or not legally entitled to such registration, award.not legally entitled to such registration, award.

7. 7. MMaterial interest in any transactionaterial interest in any transaction, where , where one is a member, one is a member, and and for which one exercises discretion in the approval thereof.for which one exercises discretion in the approval thereof.

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- B. ● Prohibition Against Financial and Material - B. ● Prohibition Against Financial and Material TransactionsTransactions

   shall not, directly or indirectly, engage in any financial or shall not, directly or indirectly, engage in any financial or

material material dealings or transactions where the approval/clearance of the dealings or transactions where the approval/clearance of the

agency is required, i.e. in any bidding or sale of agency is required, i.e. in any bidding or sale of Government property Government property

under the direct control or supervision of the Government. under the direct control or supervision of the Government.

- C. Prohibition Against Outside Employment and when - C. Prohibition Against Outside Employment and when AllowedAllowed

Employment is a full-time capacity and it shall constitute Employment is a full-time capacity and it shall constitute as one’s sole employment, as one’s sole employment, exception; if approved by the heads of office and will not exception; if approved by the heads of office and will not

run in conflict with one’s official duty and/or likely to affect run in conflict with one’s official duty and/or likely to affect or compromise one’s performance.or compromise one’s performance.

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Outside employment may be allowed if the following Outside employment may be allowed if the following conditions are conditions are

present:present:

1. It shall not be performed during regular working hours;1. It shall not be performed during regular working hours; 2. It must be in line with one’s profession; 2. It must be in line with one’s profession; 3. Authority to practice one’s profession outside of 3. Authority to practice one’s profession outside of

employment employment shall not cover private practice, except for duly shall not cover private practice, except for duly

licensed licensed instructor, professor, lecturer, resource person, or instructor, professor, lecturer, resource person, or

notary public, notary public,     4. It is prohibited to disclose or make known confidential 4. It is prohibited to disclose or make known confidential information obtained in the course of one’s information obtained in the course of one’s

employment. employment. 

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• Non-Disclosure of Documents and ConfidentialNon-Disclosure of Documents and ConfidentialInformation to the Public and When Allowed Information to the Public and When Allowed — A. Illegal or Unauthorized Disclosure/Divulgence of A. Illegal or Unauthorized Disclosure/Divulgence of

Official or Confidential InformationOfficial or Confidential Information

• Non-disclosure of any official information or document, nor Non-disclosure of any official information or document, nor divulge any information or document, obtained by one in the divulge any information or document, obtained by one in the discharge of official function, other than those as allowed by discharge of official function, other than those as allowed by law or authorized by proper authority which is a prohibited law or authorized by proper authority which is a prohibited actact

— B. Prompt Reply to Official Communications B. Prompt Reply to Official Communications

• reply to letters, telegrams, telefax, e-mail, text message and reply to letters, telegrams, telefax, e-mail, text message and other available means of communications, within fifteen (15) other available means of communications, within fifteen (15) working days from their receipt working days from their receipt

• It shall embody the action taken thereonIt shall embody the action taken thereon

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• Demonstration of LeadershipDemonstration of Leadership- be a role model of the office/unit that one represents. - be a role model of the office/unit that one represents. - Respect individual differences by influencing, inspiring and - Respect individual differences by influencing, inspiring and empowering others in promoting and supporting the required empowering others in promoting and supporting the required

norms, norms, values, conduct and behavior.values, conduct and behavior.

Observance of Equity, Courtesy and Respect Towards Observance of Equity, Courtesy and Respect Towards Colleagues in the BIRColleagues in the BIR

The following rules shall be strictly observed:The following rules shall be strictly observed:   1. The right to be treated with fairness and equity by not 1. The right to be treated with fairness and equity by not tolerating discrimination on grounds of regional/cultural tolerating discrimination on grounds of regional/cultural diversity, gender, gender preference, age, civil status, diversity, gender, gender preference, age, civil status, pregnancy, parenthood, religious belief or activity, physical pregnancy, parenthood, religious belief or activity, physical disability, political opinion, and such similar belief or social disability, political opinion, and such similar belief or social political, religious and cultural preference and practice.political, religious and cultural preference and practice.

RESPONSIBILITY IN THE WORKPLACERESPONSIBILITY IN THE WORKPLACEObjective: to attain a good working environment that encourage courtesy and Objective: to attain a good working environment that encourage courtesy and

respect for one anotherrespect for one another

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• Contribution Required for the Attainment of Office Contribution Required for the Attainment of Office GoalsGoals

  - necessary synergy and innovativeness as a way of making - necessary synergy and innovativeness as a way of making

known known one’s active involvement.one’s active involvement.- active participation with one’s colleagues especially in the - active participation with one’s colleagues especially in the

disposition of a task or mission for good governance.disposition of a task or mission for good governance.- Commitment of oneself in order to come up with new ideas, - Commitment of oneself in order to come up with new ideas,

information and skills aimed at improving the delivery of information and skills aimed at improving the delivery of revenue service.revenue service.

Observance of Proper Office Attire or UniformObservance of Proper Office Attire or Uniform

- to be identified by the public.- to be identified by the public.- wearing of prescribed uniform is mandated, - wearing of prescribed uniform is mandated, - in compliance with the Civil Service Memorandum Circulars and - in compliance with the Civil Service Memorandum Circulars and policies and rules.policies and rules.  

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• Use and Wearing of Identification Cards Use and Wearing of Identification Cards

- upon entering and while being present within the agency’s upon entering and while being present within the agency’s premises.premises.

- It shall not be used to take advantage through the privilege, It shall not be used to take advantage through the privilege, favor or favor or

rewards that might be derived therefrom.rewards that might be derived therefrom.

• Punctuality, Observance of Required Office Hours, Punctuality, Observance of Required Office Hours, Habitual Tardiness and Frequent Unauthorized Habitual Tardiness and Frequent Unauthorized Absences in reporting for DutyAbsences in reporting for Duty

- Punctuality is required as a way of manifesting one’s physical - Punctuality is required as a way of manifesting one’s physical presence in the office at all times.presence in the office at all times.- Eight (8) hours of work a day, from eight o’clock in the - Eight (8) hours of work a day, from eight o’clock in the

morning (8:00 morning (8:00 AM) to five o’clock in the afternoon (5:00 PM), exclusive of the AM) to five o’clock in the afternoon (5:00 PM), exclusive of the

time time allotted for lunch period and coffee break, for five (5) days a allotted for lunch period and coffee break, for five (5) days a

week or week or for a total of forty (40) hours a week. for a total of forty (40) hours a week. - - The working schedules adopted for offices rendering The working schedules adopted for offices rendering

front front line services must be observed to ensure that all line services must be observed to ensure that all stakeholders who are within the premises prior to the stakeholders who are within the premises prior to the

end end following official working hours are attended to and following official working hours are attended to and

served served even during lunch break and after regular working even during lunch break and after regular working

hours.hours.

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• Maintenance of Public Trust and ConfidenceMaintenance of Public Trust and Confidence (Observance of the highest degree)(Observance of the highest degree)

- Safeguarding the standard of public confidence and integrity.- Safeguarding the standard of public confidence and integrity.- Quality of behavior.- Quality of behavior.- Tarnishing one’s image and the image of the agency must be - Tarnishing one’s image and the image of the agency must be

avoided avoided i.e. getting into trouble or engaging in activities.i.e. getting into trouble or engaging in activities.

• Modest and Simple Living (NEW)Modest and Simple Living (NEW)  - appropriate to one’s earning capacity, station in life and/or - appropriate to one’s earning capacity, station in life and/or

position position in the BIR. in the BIR. - not indulge in extravagant or ostentatious display of wealth in - not indulge in extravagant or ostentatious display of wealth in

any any manner or under any circumstance.manner or under any circumstance.

PERSONAL BEHAVIORObjective: to uphold trust and confidence in one’s dealings with the public or

colleagues

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• Prohibition Against Engaging in Illegal Gambling and Prohibition Against Engaging in Illegal Gambling and Betting Betting

- Purpose: to uphold the time-honored principle that every - Purpose: to uphold the time-honored principle that every public public

servant must live modest lives and maintain the highest servant must live modest lives and maintain the highest degree of degree of

integrity and public service.integrity and public service.- Gambling within the premises or during office hours shall not - Gambling within the premises or during office hours shall not

be be allowed. allowed. - Entering in casinos, cockpits, racing parks and other - Entering in casinos, cockpits, racing parks and other

gambling gambling houses,houses,- Exception when required - Exception when required - under a mission order, or - under a mission order, or - by the nature of one’s task, or - by the nature of one’s task, or - if one is assigned as undercover agent for a - if one is assigned as undercover agent for a

specified specified purpose and duration, purpose and duration,

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• Prohibition Against the Use of Intoxicants or Prohibition Against the Use of Intoxicants or Prohibited Drugs Prohibited Drugs

- - During office hours, or while being present within the During office hours, or while being present within the working premisesworking premises

- Exception:- Exception: -when required by the nature of one’s function, or pursuant -when required by the nature of one’s function, or pursuant

to to a duly issued mission order and specified purpose and a duly issued mission order and specified purpose and

duration.duration. - if there is a duly approved prescription from a licensed - if there is a duly approved prescription from a licensed

physician physician and the same. and the same. - must not affect work performance and the matter should - must not affect work performance and the matter should

be brought to the attention of the supervisor to address be brought to the attention of the supervisor to address

the the problem.problem.

• Observance of No-Smoking RuleObservance of No-Smoking Rule  

- Promotion of a healthy lifestyle.- Promotion of a healthy lifestyle.- Attain a smoke-free environment and good working - Attain a smoke-free environment and good working

condition.condition.

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• Making Oneself Visible in Nightclubs, Bars and Other Places of Entertainment By Indulging In Lavish Spending

- Leading simple and modest life.- prohibition - where one will indulge in lavish spending.- exception: on official mission for special purpose and

specified duration or as undercover agent with a duly issued mission

order.

• Prohibited Association with Disreputable Persons

- Purpose: to erase any compromise that should destroy the BIR or

one’s character, reputation or integrity. - association with the persons or groups with known bad

records and/or persons r group engaged in illegal, immoral or

reprehensible activities or behavior. 27

• Removal for CauseRemoval for Cause

- One shall not be removed or suspended except for cause as - One shall not be removed or suspended except for cause as provided by law.provided by law.

• Classification of OffensesClassification of Offenses

- Administrative offenses with corresponding penalties are - Administrative offenses with corresponding penalties are classified classified

into into grave, less grave or lightgrave, less grave or light, , depending on their depending on their gravity gravity or depravity and effects or depravity and effects on the government service as on the government service as prescribed under existing Civil Service Commission Rules prescribed under existing Civil Service Commission Rules and Regulations.and Regulations.

V – REMOVAL FOR CAUSE, CLASSIFICATION OF OFFENSES AS V – REMOVAL FOR CAUSE, CLASSIFICATION OF OFFENSES AS PRESCRIBED UNDER EXISTING CIVIL SERVICE COMMISSION PRESCRIBED UNDER EXISTING CIVIL SERVICE COMMISSION

RULESRULES

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DISCIPLINARY ACTION

• Nature: Disciplinary action deals with Administrative discipline. It’s an aspect of administrative law concerning administrative infractions or grounds for disciplinary actions, administrative penalties and administrative disciplinary procedures.

• Object: When an officer or employee is disciplined, the object sought is not the punishment of such officer of employee but the improvement of the public service and preservation of the public’s faith and confidence in government. (CSC vs. Cortes, 430 SCRA593).

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JURISDICTION OF BODIES DISPENSING JURISDICTION OF BODIES DISPENSING ADMINISTRATIVE JUSTICEADMINISTRATIVE JUSTICE

Civil Service Civil Service CommissionCommission

Office of the Office of the OmbudsmanOmbudsman

Office of the Deputy Office of the Deputy Executive Secretary Executive Secretary

for Legal Affairs, for Legal Affairs, ODESLA (formerly: ODESLA (formerly:

PAGC)PAGC)

First LevelFirst Level

EmployeesEmployees

(SGS 3-9)(SGS 3-9)

(Head of (Head of Agency has Agency has concurrent concurrent jurisdiction)jurisdiction)

, when they are in , when they are in collusion w/ any collusion w/ any covered presidential covered presidential appointeeappointee

Second LevelSecond Level

Employees and Employees and Third Level Non-Third Level Non-Presidential Presidential Appointment (SG Appointment (SG 10-25)10-25)

(Head of (Head of Agency has Agency has concurrent concurrent jurisdiction)jurisdiction)

, when they are in , when they are in collusion w/ any collusion w/ any covered presidential covered presidential appointeeappointee

Third Level Third Level (presidential (presidential appointees) SGS-appointees) SGS-26-30)26-30)

• CONCURRENT JURISDICTIONCONCURRENT JURISDICTION

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i. Once a complainant is filled with any of the disciplining authority, the latter shall acquire exclusive original jurisdiction over the case although another disciplining authority has concurrent jurisdiction. (Quimbao vs. CA, 454 SCRA 17).

ii. The power to remove is in inherent in the power to appoint (CSC Resolution No. 07-0453).

    NON-DISCIPLINARY ACTIONNON-DISCIPLINARY ACTION

•Nature: Nature: Non-Disciplinary Action does not involve Non-Disciplinary Action does not involve administrative discipline.administrative discipline.

•Object: Object: To strengthen organization framework thereby To strengthen organization framework thereby ensuring efficient and effective delivery of services to the ensuring efficient and effective delivery of services to the public.public.

•Dropping from the rolls Dropping from the rolls (Sec 19, Revised Rules on (Sec 19, Revised Rules on Administrative Cases in the Civil Service, RRACS).Administrative Cases in the Civil Service, RRACS).

- grounds and procedure for dropping from the rolls - grounds and procedure for dropping from the rolls i.i. habitually absenthabitually absent

Continuously absent without official leave Continuously absent without official leave (AWOL) (AWOL) 1. 1. for at least thirty (30) for at least thirty (30) working days.working days.2. dropped from the rolls 2. dropped from the rolls without prior noticewithout prior notice. . 3. be 3. be informed of his/her separation not later than five informed of his/her separation not later than five

(5) days from its effectivity(5) days from its effectivity.. If the number of If the number of unauthorized absences incurred is unauthorized absences incurred is

less than thirty (30) daysless than thirty (30) days, , 1. a 1. a written Return-to-Work order written Return-to-Work order shall be served. shall be served. 2. 2. Failure on his/her part to report to work Failure on his/her part to report to work within the within the

period stated in the order shall be a valid ground to drop period stated in the order shall be a valid ground to drop him/her from the rolls.him/her from the rolls. 32

ii. have unsatisfactory or poor performanceii. have unsatisfactory or poor performance

Two (2) consecutive unsatisfactory ratings orTwo (2) consecutive unsatisfactory ratings orFor one evaluation period is rated poor in performance.For one evaluation period is rated poor in performance.

iii. have shown to be physically and mentally unfit to iii. have shown to be physically and mentally unfit to perform their dutiesperform their duties..

Continuously absent for more than one (1) year by reason of Continuously absent for more than one (1) year by reason of illness may be declared physically unfit to perform his/her illness may be declared physically unfit to perform his/her duties.duties.

Intermittently absent by reason of illness for at least two Intermittently absent by reason of illness for at least two hundred sixty (260) working days during a twenty four (24) –hundred sixty (260) working days during a twenty four (24) –month.month.

Behaving abnormally and manifest continuing mental disorder Behaving abnormally and manifest continuing mental disorder and incapacity to work and incapacity to work as reported by his/her co-workers as reported by his/her co-workers or immediate supervisor and confirmed by a competent or immediate supervisor and confirmed by a competent physician.physician.

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B. Understanding Sexual Harassment (RA 7877)

a.a. Acts penalized. Acts penalized. punishes sexual harassment if the same is:punishes sexual harassment if the same is:1.1. Work-related; orWork-related; or2.2. Education-related; orEducation-related; or3.3. Training-related. Training-related.

b. Who may be liable for sexual harassment? may be b. Who may be liable for sexual harassment? may be committed by the following persons:committed by the following persons:1. In work-related environment – by any employer, employee, 1. In work-related environment – by any employer, employee, manager, supervisor or agent of the employer;manager, supervisor or agent of the employer;2. In education-related environment – by any teacher, instructor or 2. In education-related environment – by any teacher, instructor or professor;professor;3. In training-related environment – by any coach or trainor;3. In training-related environment – by any coach or trainor;4. By any other person who , having authority, influence or moral 4. By any other person who , having authority, influence or moral ascendency over another in work or training or education ascendency over another in work or training or education environment, demands, requests or otherwise requires any sexual environment, demands, requests or otherwise requires any sexual favor from another, favor from another, 5. By any person who directs or induces another to commit any act of 5. By any person who directs or induces another to commit any act of sexual harassment or who cooperates in the commission thereof by sexual harassment or who cooperates in the commission thereof by another .+without which it would not have been committed.another .+without which it would not have been committed.

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c. Sexual harassment in a work-related or employment c. Sexual harassment in a work-related or employment environment environment is committed when:is committed when:

1. The sexual favor is made a condition in the 1. The sexual favor is made a condition in the hiringhiring or in the or in the employmentemployment, , re-employmentre-employment or or continued employment continued employment of said individual or in of said individual or in granting said individual favorable granting said individual favorable compensationcompensation, , termsterms, , conditionsconditions, , promotionspromotions, or , or privilegesprivileges; or the ; or the refusal to grant the sexual favor refusal to grant the sexual favor results in limitingresults in limiting, , segregatingsegregating or or classifying the classifying the employee employee which in any way would which in any way would discriminatediscriminate, , deprivedeprive or or diminish employment opportunities diminish employment opportunities or or otherwise otherwise adversely affect said employeeadversely affect said employee;;2. The above acts would 2. The above acts would impair the employee’s rights or impair the employee’s rights or privileges under existing labor lawsprivileges under existing labor laws; or; or3. The above acts would result in an 3. The above acts would result in an intimidatingintimidating, , hostilehostile, or , or offensive environment for the employeeoffensive environment for the employee. .

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d. Sexual Harassment in and education or training d. Sexual Harassment in and education or training environment.environment.

In an education or training environment, sexual harassment is In an education or training environment, sexual harassment is committed:committed:

1.1.Against one who is Against one who is under the careunder the care, , custodycustody oror supervision of the offendersupervision of the offender;;2.2.Against one Against one whose education, training apprenticeship whose education, training apprenticeship or tutorship is entrusted to the offenderor tutorship is entrusted to the offender;;3.3.When the sexual favor is made a condition to the When the sexual favor is made a condition to the giving of giving of a passing grade, or the granting of honors and a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; orother benefits, privileges, or considerations; or4.4. when the sexual advances when the sexual advances result in an intimidatingresult in an intimidating, , hostilehostile or or offensive environment for the student, offensive environment for the student, trainee or apprenticetrainee or apprentice. .

e. The charge for sexual harassment should be substantiated by the complaint employee.

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f. Duty of the employer or head of office.f. Duty of the employer or head of office.Prevent or Prevent or deter the commission of acts of sexual deter the commission of acts of sexual harassment harassment and to and to provide the procedures for the provide the procedures for the resolution or prosecution of acts of sexual harassment.resolution or prosecution of acts of sexual harassment.

Towards this end, the employer or head of office shall:Towards this end, the employer or head of office shall:

1. Promulgate appropriate rules and regulations by prescribing 1. Promulgate appropriate rules and regulations by prescribing the procedure for the procedure for the investigation of sexual harassment the investigation of sexual harassment cases and the administrative sanctions therefore. cases and the administrative sanctions therefore.

2. 2. Create a committee on decorum Create a committee on decorum and and investigation of investigation of cases cases on sexual harassment. The committee shall on sexual harassment. The committee shall conduct conduct meetings or conduct the investigation of alleged meetings or conduct the investigation of alleged cases cases constituting sexual harassmentconstituting sexual harassment..

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In the case of In the case of work-relatedwork-related environment, the committee shall be environment, the committee shall be composed of at least one (1) representative each from the composed of at least one (1) representative each from the managementmanagement, , the unionthe union, if any, the employees from the , if any, the employees from the supervisory ranksupervisory rank, and from the , and from the rank-and-file employees.rank-and-file employees.

g. Solidary liability for damages of employer or head of g. Solidary liability for damages of employer or head of office.office.

Arising from the acts of sexual harassment Arising from the acts of sexual harassment committed in the committed in the employment employment and and no immediate action is taken no immediate action is taken thereon. thereon.

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h. Victim’s right to institute separate action for damages.h. Victim’s right to institute separate action for damages.

Is not precluded from instituting a separate and independent Is not precluded from instituting a separate and independent action for damages and other affirmative reliefs. action for damages and other affirmative reliefs.

i. Penalties; imprisonment and fine.i. Penalties; imprisonment and fine.

By imprisonment of not less than one (1) month nor more By imprisonment of not less than one (1) month nor more than six (6) monthsthan six (6) months, or a , or a fine of not less than ten fine of not less than ten thousand pesos (thousand pesos (₱10, 000.00₱10, 000.00) nor more than twenty ) nor more than twenty thousand pesos (thousand pesos (₱20, 000.00₱20, 000.00) or both ) or both such fine and such fine and imprisonment at the discretion of the court. imprisonment at the discretion of the court.

j. Prescription of action.j. Prescription of action.

Any action arising from sexual harassment shall Any action arising from sexual harassment shall prescribe in prescribe in three (3) yearsthree (3) years. .

k. Delay in filing the case for sexual harassment.k. Delay in filing the case for sexual harassment.

According to According to Libres v. NLRCLibres v. NLRC, , [G.R. N. 123737, May 28, [G.R. N. 123737, May 28, 1999]1999], delay of one (1) year in instituting the complaint for , delay of one (1) year in instituting the complaint for sexual harassment sexual harassment is not an is not an indicium indicium of afterthought of afterthought. The . The delay could be expected since the respondent was the delay could be expected since the respondent was the subordinate’s immediate superiorsubordinate’s immediate superior. . Fear of retaliation and Fear of retaliation and backlashbacklash, , not to forget the social humiliation not to forget the social humiliation

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and embarrassment that victims of this human frailty and embarrassment that victims of this human frailty usually suffer, are all realities that the subordinate had to usually suffer, are all realities that the subordinate had to contend with. contend with.

In the case of, In the case of, Digitel Telecommunications Philippines, Inc. Digitel Telecommunications Philippines, Inc. v. Soriano, [G.R. No. 166039, June 26, 2006], v. Soriano, [G.R. No. 166039, June 26, 2006], Court, ruled Court, ruled that there is, strictly speaking , no fixed period within which an that there is, strictly speaking , no fixed period within which an alleged victim of sexual harassment may file a complaint, but it alleged victim of sexual harassment may file a complaint, but it does not mean that she or he is at liberty to file one anytime she does not mean that she or he is at liberty to file one anytime she or he wants to. or he wants to. Surely, any delay in filing a complaint must Surely, any delay in filing a complaint must be justifiable or reasonable so as not to cast doubt on its be justifiable or reasonable so as not to cast doubt on its merits.merits.

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Specific Acts Penalized may be classified as: GGrave Offenses shall include:rave Offenses shall include: - - Unwanted touching of private parts of the body Unwanted touching of private parts of the body (genitalia, (genitalia, buttocks and breastsbuttocks and breasts);); - Sexual assault;- Sexual assault; - Malicious touching;- Malicious touching; - Requests for sexual favors in exchange for employment, - Requests for sexual favors in exchange for employment, promotion, local or foreign travels, favorable working promotion, local or foreign travels, favorable working conditions conditions or assignments, a passing performance grade / rating, the or assignments, a passing performance grade / rating, the grant grant of honors or scholarships, or the grant of benefits or of honors or scholarships, or the grant of benefits or payment of payment of a stipend or allowance; and,a stipend or allowance; and, - Other analogous cases.- Other analogous cases.LLess Grave Offense shall includeess Grave Offense shall include:: - - Unwanted touching or brushing against the victim’s Unwanted touching or brushing against the victim’s bodybody;; Pinching, in a manner that does not fall under the Pinching, in a manner that does not fall under the classification of classification of Sexual Harassment as a Grave Offense;Sexual Harassment as a Grave Offense; - Derogatory or degrading remarks or innuendoes directed - Derogatory or degrading remarks or innuendoes directed toward toward the members of a particular sex, or of a specific sexual the members of a particular sex, or of a specific sexual orientation, orientation, or used to describe a certain individual;or used to describe a certain individual; - Persistent unwanted attentions with - Persistent unwanted attentions with sexualsexual overtonesovertones;; - Verbal abuse or threats with sexual overtones; and,- Verbal abuse or threats with sexual overtones; and, - Other analogous cases.- Other analogous cases.

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LLight Offense shall includeight Offense shall include::

- - Surreptitiously looking, or stealing a look, Surreptitiously looking, or stealing a look, at a person’s at a person’s private parts or undergarmentsprivate parts or undergarments;;

- - Telling sexist / indecent jokesTelling sexist / indecent jokes, or sending the same through , or sending the same through texts, texts, electronic mail or other similar means of communication, thereby electronic mail or other similar means of communication, thereby causing embarrassment or offense, and carried out even after the causing embarrassment or offense, and carried out even after the offender has been warned that they are being offensive or offender has been warned that they are being offensive or embarrassing; or even without such admonition, when the embarrassing; or even without such admonition, when the offender is, by nature, being clearly embarrassing, offensive or offender is, by nature, being clearly embarrassing, offensive or vulgar;vulgar; - - MaliciousMalicious leering or ogling / leering or ogling / staringstaring;; - - The The display of sexually-offensive photographs, materials, or display of sexually-offensive photographs, materials, or graffiti;graffiti; - Unwelcome inquiries or comments - Unwelcome inquiries or comments about a person’s sex lifeabout a person’s sex life;; - Unwelcome sexual flirtation, advances and/or propositions;- Unwelcome sexual flirtation, advances and/or propositions; - Making - Making offensive hand or body gestures offensive hand or body gestures towards an individual;towards an individual; - Unwelcome telephone / mobile phone calls - Unwelcome telephone / mobile phone calls with sexual overtones with sexual overtones that cause discomfort, embarrassment, offense or insult to the that cause discomfort, embarrassment, offense or insult to the recipient; and,recipient; and, - Other analogous cases.- Other analogous cases. 42

THANK YOU

AND

GOD BLESS

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