ethics in public sector_framework and legal bases
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ETHICS IN PUBLIC SECTO
FRAMEWORK AND LEGAL BAS
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Why be Ethical in the Public Sector
Public vs.Private
Publicmore people affected
Privateonly a few people affected, uneth
behavior
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Why be Ethical in the Public Sector
Public Sectoris about common good. BCOMMON GOOD is abstract.
Di nakikita, na nahahawakan kaya dipinahahalagahan
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Why be Ethical in the Public Sector
Sunsh ine Pr inc ip le
- transparency of processes
Accountability to supervisors but most
importantly to the people we serve.
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Ethical Policy Framework
in the Public Sector
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RA 3019:
Anti-Graft & Corrupt Practices Ac
In line with the principle that a pu
office is a public trust, certain acts of pu
offices and private persons alike whconstitute graft or corrupt practices or wh
may lead thereto are repressed.
(Section
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PD No. 46:
Making it punishable for any public off
or employee, whether of the national or l
governments, to receive, directly or indireand for private persons to give, or offer to g
any gift, present or other valuable thing on
occasion, including Christmas, .
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PD No. 46:
..when such gift, present or o
valuable thing is given by any reason of
official position, regardless of whether or notsame is past favor/s or .
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PD No. 46:
.. expects to receive a favor or be
treatment in the future from the public officiaemployee concerned in the discharge of
official functions.
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PD No. 46:
Included within the prohibition is the throwin
parties or entertainments in honor of the off
employee or his immediate relatives.
RA 6713:
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RA 6713:Code of Conduct and Ethical Standards
for Public Officials and Employees
It is the policy of the State to promot
high standard of ethics in public service.
(Section
RA 6713:
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RA 6713:Code of Conduct and Ethical Standards
for Public Officials and Employees
Public officials and employees shall at all timbe accountable to the people and shall: discharge their duties with utm
responsibility, integrity, competence, loyalty, act with patriotism and justice, lead mod
lives, and
uphold public interest over personal interest(Sectio
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RA 9485:
Anti-Red Tape Act of 2007
It is hereby declared the policy of
State to promote integrity, accountabi
proper management of public affairs apublic property as well as to establish effec
practices aimed at the prevention of graft a
corruption in government.
(Section
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RA 9485:
Anti-Red Tape Act of 2007
Towards this end, the State shall maintain honesty responsibility among its public and employees, shall take appropriate measures to prom
transparency in each agency with regard to the manof transacting with the public, which shall encompaprogram for the adoption of simplified procedures will reduce red tape and expedite transactions
government. (Sectio
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Coverage
Elective or appointive officials Permanent or temporary
Career or non-career
Military and police (both uniformed and nuniformed)
Volunteers
Others
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Reforms on Public
Administrative Systems
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1. Conduct of training
a. Ethical and moral values
b. Rights, duties and responsibilities of pub
servants
c. Nationalism and patriotism
d. Justice and human rights
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1. Conduct of training
e. Democracy in a free and just society
f. Philippine history, culture and tradition
g. Socio economic conditions prevailing in tcountry
h. The need for a Code of Conduct and
Ethical Standards
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2. Improvement of Work System
Continuing study and analysis of work
systems to the end that the weakest links
will be eliminated and the system will bebetter
Posting of workflow chart for the informat
and view of the public
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3. Feedback Mechanism
Consultation of the public about efficiency
effectiveness and economy of services
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4. Innovations
Innovative programs should be adopted t
promote morals, motivation and raising th
level of observance of public service ethicstandards
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5. Assistory Functions
Appointment of a resident Ombudsman in
every office to act immediately on allrequests for public assistance referred by
the Office of the Ombudsman
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Transparency
1. The State is responsible, through agency
heads, to insure transparency in all kindspublic transactions.
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Transparency
2. The public should be informed about thefollowing:
a. Policies, rules and procedures
b. Work programs, projects, and performancetargets
c. Performance reports
d. All documents classified as for publicinformation
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Transparency
3. Any requesting public should always be
provided the information they seek excep
in the following instances:
a. Those which should be kept secret in theinterest of national defense or security or
conduct of foreign affairs.
b. If disclosure would put life and safety of anindividual in imminent danger.
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Transparency
c. Privilege communicationsd. Drafts of decisions, orders and other
dispositions of similar nature
e. It would disclose information of a personal
naturef. It would interfere in an enforcement
proceedings
g. It will lead to speculation on currencies orendanger the stability of any financialinstitution
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Incentives and Rewards System
Granted to officials and employees who
have demonstrated exemplary services
and conduct in observing the following
Norms of Conduct laid down in Section
of RA 6713:
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Incentives and Rewards System
a. Commitment to public interest
Upholding public interest over personal
interest, efficient and effective usage ofresources and no wastage in public funds
and revenues
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Incentives and Rewards System
b. Professionalism To perform duties with the highest degre
excellence, professionalism, intelligence
and skills. There must be devotion anddedication to duty and to discourage wroperceptions of roles as dispensers orpeddlers of undue patronage. (i.e.,
punctuality, efficiency, fairness)
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Incentives and Rewards System
c. Justness and Sincerity To be true to people at all times. To act
justness and sincerity and not to
discriminate against anyone especially thpoor and the underprivileged. To respecthe rights of others at all times and torefrain from doing acts contrary to law,
morals or customs. Not to extend unduefavor to relatives on account of ones offi
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Incentives and Rewards System
d. Political Neutrality
Service without regard to party affiliation
No engaging in partisan political activitie
Decisions to be made must always bebased on merits and should not consider
political affiliation as a factor.
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Incentives and Rewards System
e. Responsiveness to the Public
To extend prompt, courteous and adequa
service to the public. Provide informatioon policies and procedures, encourage
suggestions.
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Incentives and Rewards System
f. Nationalism and Patriotism Maintain loyalty to the Republic and the
Filipino people. Promote the use of loca
produced goods, resources and technoloand encourage appreciation and pride ofcountry and people. To defend Philippinsovereignty
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Incentives and Rewards System
g. Commitment to Democracy To commit oneself to the democratic way
life and values, maintain the principle of
public accountability and manifest by deethe supremacy of civilian authority over tmilitary. Uphold the Constitution at alltimes.
S
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Incentives and Rewards System
h. Simple living
To lead modest lives appropriate to their
positions and income. No extravagant o
ostentatious display of wealth in any form
(Excessive display of jewelry and proper
and luxurious lifestyle)
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Duties of Public Officials & Employee
1. Act promptly on letters and requests
a. Reply must be made within 15 days from
receipt.
a. A simple acknowledgment suffices but it
should state the action so far taken.
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Duties of Public Officials & Employee
2. Submit annual performance reports
a. All agencies shall report their performancwithin 45 days from the end of the year.
a. The report shall be open to the public.
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Duties of Public Officials & Employee
3. Process documents and papersexpeditiously
a. All papers must be processed within areasonable time and must contain not mthan 3 signatories.
a. If the signatories are absent, an OIC shosign.
D ti f P bli Offi i l & E l
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Duties of Public Officials & Employee
3. Process documents and papersexpeditiously
c. This discourages the practice of delaying th
process just because the signatory is out.
d. This will not apply to decisions on caseswhether by a court or a quasi-judicial body
since the power to decide said cases cannobe delegated.
D ti f P bli Offi i l & E l
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Duties of Public Officials & Employee
4. Act immediately on the publics persona
transactions
a. Everybody must be attended to promptlyand expeditiously.
b. There must be no discrimination as to
status, race or sex.
P hibit d A t d T ti
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Prohibited Acts and Transactions
1. Financial and material interest
a. No direct or indirect financial or material
interest in any transaction requiring theapproval of his/her office.
Prohibited Acts and Transactions
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Prohibited Acts and Transactions
2. Outside employment and other activitierelated thereto.
a. No employment in any private enterprise
regulated or supervised by his/her officeunless expressly allowed by law.
a. No engaging in the private practice of
profession unless permitted by the head agency.
Prohibited Acts and Transactions
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Prohibited Acts and Transactions
2. Outside employment and other activitiesrelated thereto.
c. Must not recommend any person to any posin a private enterprise which has a regular o
pending official transaction with ones office
c. The prohibition continues for one (1) year aresignation, retirement or separation from thservice except the private practice of profes
which cannot be done only in the same agefor the same period
Prohibited Acts and Transactions
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Prohibited Acts and Transactions
3. Disclosure and/or misuse of confidentiainformation.
a. No disclosure of security matters
b. No disclosure of drafts of decisions or
orders.
c. No disclosure of matters identified as
confidential by the proper authorities.
Prohibited Acts and Transactions
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Prohibited Acts and Transactions
4. Solicitation and/or acceptance of gifts.
a. The prohibition is absolute with respect tpeople with transactions in ones office
a. If there is no transaction in his/her office,gifts of nominal value can be accepted
provided it is clear that the same is not inconsideration of a future favor the giver
expects from the public officials.
Prohibited Acts and Transactions
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Prohibited Acts and Transactions
4. Solicitation and/or acceptance of gifts.
a. Gifts may include money, other propertie
entertainment, scholarship, medical
treatment or other considerations generogiven by another.
a. Solicitation from clients is absolutely
prohibited.
Prohibited Acts and Transactions
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Prohibited Acts and Transactions
5. Disclosure of assets and liabilities.
a. Regular filling up, updating and submiss
of the Sworn Statement of Assets and
Liabilities and Net worth
a. Failure to submit the SALN or any
misrepresentation therein will give rise to
both administrative and criminal cases
Prohibited Acts and Transactions
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Prohibited Acts and Transactions
5. Divestmenta. Conflict of interest must be avoided at al
times.
a. When conflict arises, he/she must resignfrom his/her position
a. He/she must divest himself or any or allkinds of interest which has or may have
pending transaction in his/her office.
Penalties
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Penalties
1. Fine not exceeding six months salary; or2. Suspension not exceeding one year; or
3. Dismissal from the service depending onthe gravity of the offense
4. Violations of Sections 7, 8, 9 of RA 6713are criminal in nature and punishable byimprisonment for a period not exceeding
years or fine not exceeding P5,000.00
10 Smart Moves To Succeed
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10 Smart Moves To Succeed
1. Master Your Moods.
2. Seek a Sense of Self-Worth.
3. Set Sail on Your Own Seas.
Adapted from Diane Booher,Author of Bestseller Communicate wi th Conf idence
10 Smart Moves To Succeed
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10 Smart Moves To Succeed
4. Put Up or Shut Up.
5. Follow Through on Feedback.
6. Entertain Only Ethical Choices.
10 Smart Moves To Succeed
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10 Smart Moves To Succeed
7. Relish Relationships.
8. Bend So You Dont Break.
9. Seek Spiritual Guidance.
9. Swim in the Seasons of Life.
ere min is wit out ear an ea e
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Rabindra Nath T
Where the world has not been broken to fragm
by narrow domestic walls
Where tireless striving stretch their arms tow
perfection
Where the mind is led forward to thee
nto ever widening thought and action into t
heaven of freedom
My Father, LET MY COUNTRY AWAKE