Tuesday, May 13, 2025

Code of Conduct for Public Officials and Employees

Reference Document for Officials and Employees
of Local Government Units in Drafting a 
"Code of Conduct and Ethical Standards Ordinance" 

Draft Sponsorship Speech

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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