Honorable
Presiding Officer, esteemed colleagues in this august chamber, municipal
officials and employees, distinguished guests, ladies and gentlemen:
It is my
distinct honor and privilege today to sponsor this significant ordinance
titled, "Code of Conduct and Ethical Standards Ordinance." As public
servants, our primary obligation is to ensure the welfare, prosperity, and
trust of our constituents. This ordinance represents a vital step toward
fulfilling these obligations by institutionalizing the highest standards of
integrity, transparency, and accountability within our local government.
Legally, this
ordinance aligns our local policies with national laws, notably Republic Act
No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and
Employees. It enhances our compliance with essential statutes that guide the
behavior of public officials, reinforcing our commitment to uphold the
principle that "public office is a public trust." Moreover, it
fortifies our adherence to existing procurement laws, transparency mandates,
and ethical practices, thus safeguarding our municipality from legal disputes
and liabilities.
Morally, this
ordinance emphasizes our commitment to ethical governance. By clearly defining
prohibited acts such as conflicts of interest, unauthorized acceptance of
gifts, nepotism, and the misuse of public resources, we reinforce moral
leadership and ethical integrity. Such standards are not merely idealistic
aspirations but practical requirements to sustain public trust and confidence
in our leadership and administration.
Transparency
and accountability provisions detailed in Section 6 significantly empower our
constituents. By mandating public disclosures, citizen participation,
transparent procurement, regular audits, and robust whistleblower protection,
we cultivate an informed and engaged citizenry, essential in democratic
governance.
The moral
obligation to safeguard public resources and uphold the integrity of our
offices necessitates clear ethical guidelines, strong accountability
mechanisms, and transparent governance processes. The measures prescribed by
this ordinance ensure that public trust is not compromised, resources are not
squandered, and corruption is decisively deterred.
In adopting
this ordinance, we are not just complying with our legal responsibilities; we
are proactively shaping a municipal government that embodies honesty, fairness,
and responsiveness. It is our solemn duty and privilege to create and sustain
an environment where public service is synonymous with integrity,
professionalism, and accountability.
I urge my
distinguished colleagues in this chamber to lend your full support to this
ordinance. Together, let us take this historic step toward ensuring good
governance, ethical conduct, and a legacy of honorable public service for the
benefit of our beloved constituents and future generations.
Thank you, and
may we continue to serve with unwavering integrity and commitment.
Draft
Ordinance
Republic of
the Philippines
Province of [Name of Province]
Municipality of [Name of Municipality]
OFFICE OF THE SANGGUNIANG BAYAN
ORDINANCE NO. [Ordinance Number]
SERIES OF 2025
AN ORDINANCE ADOPTING THE CODE OF
CONDUCT AND ETHICAL STANDARDS FOR LOCAL PUBLIC OFFICIALS AND EMPLOYEES OF THE
MUNICIPALITY OF [MUNICIPALITY NAME], PROVIDING PENALTIES FOR VIOLATIONS
THEREOF, AND FOR OTHER PURPOSES
WHEREAS, Section 1, Article XI of the 1987
Philippine Constitution declares that "Public office is a public trust.
Public officers and employees must at all times be accountable to the people,
serve them with utmost responsibility, integrity, loyalty, and efficiency;"
WHEREAS, Republic Act No. 6713, known as the
Code of Conduct and Ethical Standards for Public Officials and Employees,
mandates local governments to uphold high standards of ethics and
professionalism in public service;
WHEREAS, it is imperative to institutionalize
ethical standards, clear guidelines, and accountability mechanisms for local
public officials and employees to maintain public trust and confidence;
NOW,
THEREFORE, be it
enacted by the Sangguniang Bayan of [Municipality Name] in session duly
assembled:
SECTION 1.
TITLE
This Ordinance
shall be known as the "Municipality of ______ Code of Conduct and Ethical
Standards Ordinance."
SECTION 2.
DECLARATION OF POLICIES
It is hereby
declared the policy of the Municipality to uphold high ethical standards in
public service, promoting integrity, transparency, accountability, and
professionalism among its officials and employees.
SECTION 3.
DEFINITION OF TERMS
As used in this
Ordinance:
- "Public Officials and
Employees"
refers to all elected and appointed officials, permanent, temporary,
contractual, casual, or job order employees of the Municipality;
- "Conflict of Interest" arises when a public official or
employee is involved in personal activities or interests that could
interfere with the impartial performance of their official duties;
- "Gift" refers to anything of value given
without adequate consideration in exchange;
- "Ethical Conduct" means adherence to professional
standards and moral principles;
- "Nepotism" refers to favoritism based on
familial relationships.
SECTION 4.
COVERAGE AND APPLICABILITY
This Ordinance
applies to all officials and employees of the Municipality of ____________.
SECTION 5.
PROHIBITED ACTS
The following
actions shall be strictly prohibited within the jurisdiction of this Local
Government Unit, and constitute violations punishable under this Ordinance:
5.1 Conflict
of Interest:
No public
official or employee shall:
- Directly or indirectly hold a
financial or material interest in any transaction requiring approval by
their office or department.
- Participate or intervene in any
official decision, deliberation, or proceeding that may directly benefit
their own business, financial, family, or personal interests.
5.2
Solicitation and Acceptance of Gifts, Favors, and Benefits:
Public
officials and employees shall not:
- Solicit or accept, directly or
indirectly, any gift, gratuity, entertainment, favor, loan, or anything of
monetary value from any individual, organization, or entity engaged in
business transactions, regulatory activities, or otherwise interacting
with their respective offices.
- Accept any honorarium, stipend, or
payment for services rendered in the official performance of their duties
unless explicitly authorized by law or ordinance.
5.3
Unauthorized Disclosure of Confidential Information:
No public
official or employee shall:
- Divulge, disclose, or use
confidential or classified information known to them by reason of their
office for personal advantage or for the benefit of others, unless
authorized by existing laws, rules, regulations, or a competent authority.
- Leak or misuse sensitive or
privileged information that may compromise public interest, security, or
the integrity of administrative and investigative processes.
5.4 Abuse of
Authority and Misuse of Public Resources:
Public
officials and employees shall refrain from:
- Using their official positions to
coerce, intimidate, or unduly influence other officials, employees, or
private individuals.
- Misusing, misappropriating, or
diverting public funds, properties, or resources for personal use or for
purposes other than their officially designated intent.
- Allowing or tolerating unauthorized
persons to utilize or benefit from public properties, vehicles,
facilities, equipment, supplies, or personnel resources.
5.5 Engaging
in Partisan Political Activities:
Public
officials and employees are prohibited from:
- Using government time, personnel,
facilities, equipment, or resources for campaigning or supporting any
candidate, political party, or partisan political cause.
- Compelling or requiring
subordinates, directly or indirectly, to participate in political
campaigns, rallies, meetings, or contribute financial or other support to
a political party or candidate.
5.6 Sexual
Harassment and Misconduct:
It shall be
unlawful for any official or employee to:
- Commit or tolerate any act or
series of acts constituting sexual harassment, including unwelcome sexual
advances, requests for sexual favors, sexually offensive gestures,
remarks, messages, or conduct that creates an intimidating, hostile, or
offensive working environment.
- Retaliate, threaten, intimidate, or
discriminate against any individual who files a complaint or participates
in an investigation regarding sexual harassment or misconduct.
5.7 Habitual
Absenteeism, Tardiness, and Undertime:
No public
official or employee shall:
- Incur unauthorized absences beyond
the allowable leave credits or fail to report for work without justified
cause.
- Habitually arrive late (tardiness)
or leave work prematurely (undertime) without proper authorization,
causing disruption or impairment of public service delivery.
5.8 Engaging
in Unauthorized Business Activities:
Public
officials and employees must not:
- Own, control, or engage in private
enterprises regulated, supervised, or licensed by their respective office
unless explicitly allowed by law.
- Engage in private practice of their
profession or participate in employment or consulting activities which may
directly conflict or tend to conflict with their official duties and
responsibilities.
5.9 Nepotism
and Favoritism:
It shall be
prohibited to:
- Appoint, promote, or grant undue
advantage or privilege to relatives within the fourth civil degree of
consanguinity or affinity, except for confidential or co-terminous
positions as explicitly allowed by law.
- Influence hiring decisions,
promotions, or evaluations to unduly favor family members or relatives,
thereby compromising meritocracy and fairness in public service.
5.10
Misrepresentation or Falsification of Documents:
No official or
employee shall:
- Deliberately falsify, misrepresent,
or forge signatures, records, reports, statements, time records, leave
forms, or official documents required in their official functions.
- Alter or tamper with official
documents or data with intent to deceive, defraud, conceal facts, or gain
undue advantage.
SECTION 6.
TRANSPARENCY AND ACCOUNTABILITY MEASURES
To strengthen
transparency, promote accountability, and foster public trust, the following
measures shall be strictly observed:
6.1
Mandatory Disclosure of Information:
- All public officials and employees
shall annually submit their duly notarized Statements of Assets,
Liabilities, and Net Worth (SALN).
- Regular public disclosure of
financial statements, project expenditures, and budget allocations must be
made accessible via municipal bulletin boards, official websites, and
other appropriate platforms.
6.2 Public
Consultation and Participation:
- Significant policy decisions,
programs, and projects shall undergo mandatory public consultations and
hearings, ensuring meaningful participation by citizens and relevant
stakeholders.
- Feedback mechanisms such as
suggestion boxes, public forums, and online platforms shall be established
to capture public opinions and recommendations.
6.3
Transparent Procurement and Transactions:
- Strict adherence to the New Government
Procurement Reform Act guidelines for all procurement activities, with
documentation of all bids and transactions made publicly available.
- Posting of bid opportunities,
awards, and procurement results in conspicuous places and online portals
accessible to the general public.
6.4 Regular
Performance and Financial Audits:
- Periodic internal and external
performance audits and financial reviews shall be conducted to evaluate
the efficiency, effectiveness, and economy of municipal operations and
expenditures.
- Audit reports and related documents
must be published and made publicly accessible, detailing findings,
recommendations, and corrective actions taken.
6.5
Citizen’s Charter:
- Establishment and maintenance of a
Citizen’s Charter clearly outlining service standards, processes, fees,
timelines, and responsible officers, prominently displayed in municipal
offices and official online platforms.
6.6
Whistleblower Protection:
- Implement mechanisms to ensure
protection and confidentiality for whistleblowers or individuals who
report acts of corruption, unethical behavior, misconduct, or violations
of this ordinance, as provided by applicable laws and regulations.
6.7
Information and Education Campaigns:
- Continuous conduct of ethical
standards and integrity training programs, workshops, and seminars for all
public officials and employees.
- Implementation of public awareness
campaigns and dissemination of educational materials to inform citizens of
their rights, privileges, and avenues for redress and participation.
6.8
Accountability Reporting:
- Heads of offices and departments
shall regularly report to the Municipal Mayor and the Sangguniang Bayan,
detailing their operational achievements, expenditures, challenges
encountered, and corrective measures implemented.
- Annual accountability reports
summarizing the municipality's overall performance and financial status
shall be published and accessible to the general public.
SECTION 7.
ENFORCEMENT AND IMPLEMENTATION
The Office of
the Municipal Mayor, through the Human Resource Management Office, in
coordination with the Municipal Ethics Committee, shall ensure strict
implementation and enforcement of this Ordinance.
SECTION 8.
PENALTIES FOR VIOLATION
Any official or
employee found guilty of violating this Ordinance shall, after due process, be
subject to the following penalties: a. First Offense: Written reprimand;
b. Second Offense: Suspension for not more than thirty (30) days without
pay; c. Third Offense: Suspension for not less than six (6) months to
one (1) year or dismissal from service, depending on the gravity of the
offense.
These penalties
shall be without prejudice to criminal or administrative actions provided under
existing laws.
SECTION 9.
IMPLEMENTING RULES AND REGULATIONS
The Municipal
Ethics Committee, in coordination with the Municipal Human Resource Management
Office, shall prepare and promulgate the necessary implementing rules and
regulations within ninety (90) days from the effectivity of this Ordinance.
SECTION 10.
FUNDING
Funding
necessary for the implementation of this Ordinance shall be included in the
annual appropriations of the municipality under the Municipal Mayor's Office.
SECTION 11.
REPEALING CLAUSE
All municipal
ordinances, executive orders, rules, and regulations inconsistent with or
contrary to the provisions of this Ordinance are hereby repealed or modified
accordingly.
SECTION 12.
SEPARABILITY CLAUSE
If any section
or provision of this Ordinance is declared unconstitutional or invalid by
competent authority, other sections or provisions not affected thereby shall
remain valid and effective.
SECTION 13.
EFFECTIVITY CLAUSE
This Ordinance
shall take effect fifteen (15) days after its publication in a newspaper of
general circulation within the municipality or posting in conspicuous places
within the municipality and barangay halls.
ENACTED BY
THE SANGGUNIANG BAYAN OF [MUNICIPALITY NAME] THIS [DAY] OF [MONTH], 2025.
Certified
Correct:
[NAME]
Secretary to the Sanggunian
Attested by:
[NAME]
Municipal Vice Mayor/Presiding Officer
Approved:
[NAME]
Municipal Mayor
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