ethics in public sector_framework and legal bases

8/11/2019 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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Public Sectoris about common good. BCOMMON GOOD is abstract.

Di nakikita, na nahahawakan kaya dipinahahalagahan


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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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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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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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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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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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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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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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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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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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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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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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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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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.



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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.



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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



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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.



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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.



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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.



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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



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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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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



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4. Put Up or Shut Up.

5. Follow Through on Feedback.

6. Entertain Only Ethical Choices.



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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

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