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Republic Act No. 6713· Enacted 1989-02-20

Code of Conduct for Public Officials (RA 6713) — BatasKo ELI5

Ano ang SALN? Bakit ipinagbabawal ang pagkatanggap ng regalo? RA 6713 ang batas na nagtatakda ng etika para sa lahat ng government employees sa Pilipinas.

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Ang Batas sa Madaling Salita— ELI5

RA 6713 ang batas na nagsasabi kung paano dapat kumilos ang lahat ng government employees — mula sa barangay tanod hanggang sa Presidente. Kabilang dito ang pagsulat ng SALN, pagbabawal sa pagtanggap ng regalo, at pangako na public office is a public trust.

Official text — Republic Act No. 6713

Jump to section ↓18 sections

Preamble

Eighth Congress

Republic Act No. 6713 February 20, 1989

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1

Section 1.

Title.

- This Act shall be known as the "Code of Conduct and Ethical Standards for Public Officials and Employees."

Section 2

Section 2.

Declaration of Policies.

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

Section 3 — Definition of Terms.→

Section 3.

Definition of Terms.

- As used in this Act, the term:

(a) "Government" includes the National Government, the local governments, and all other instrumentalities, agencies or branches of the Republic of the Philippines including government-owned or controlled corporations, and their subsidiaries.

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(b) "Public Officials" includes elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount.

(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee.

(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a person other than a member of his family or relative as defined in this Act, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange for, a favor.

(e) "Loan" covers both simple loan and commodatum as well as guarantees, financing arrangements or accommodations intended to ensure its approval.

(f) "Substantial stockholder" means any person who owns, directly or indirectly, shares of stock sufficient to elect a director of a corporation. This term shall also apply to the parties to a voting trust.

(g) "Family of public officials or employees" means their spouses and unmarried children under eighteen (18) years of age.

(h) "Person" includes natural and juridical persons unless the context indicates otherwise.

(i) "Conflict of interest" arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty.

(j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his right or title to it in favor of a person or persons other than his spouse and relatives as defined in this Act.

(k) "Relatives" refers to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.

Section 4 — Norms of Conduct of Public Officials and Employees.→

Section 4.

Norms of Conduct of Public Officials and Employees.

- (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party.

(h) Simple living. - Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards; and (2) continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards.

Section 5 — Duties of Public Officials and Employees.→

Section 5.

Duties of Public Officials and Employees.

- In the performance of their duties, all public officials and employees are under obligation to:

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(a) Act promptly on letters and requests. - All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request.

(b) Submit annual performance reports. - All heads or other responsible officers of offices and agencies of the government and of government-owned or controlled corporations shall, within forty-five (45) working days from the end of the year, render a performance report of the agency or office or corporation concerned. Such report shall be open and available to the public within regular office hours.

(c) Process documents and papers expeditiously. - All official papers and documents must be processed and completed within a reasonable time from the preparation thereof and must contain, as far as practicable, not more than three (3) signatories therein. In the absence of duly authorized signatories, the official next-in-rank or officer in charge shall sign for and in their behalf.

(d) Act immediately on the public's personal transactions. - All public officials and employees must attend to anyone who wants to avail himself of the services of their offices and must, at all times, act promptly and expeditiously.

(e) Make documents accessible to the public. - All public documents must be made accessible to, and readily available for inspection by, the public within reasonable working hours.

Section 6 — System of Incentives and Rewards.→

Section 6.

System of Incentives and Rewards.

- A system of annual incentives and rewards is hereby established in order to motivate and inspire public servants to uphold the highest standards of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials and Employees is hereby created composed of the following: the Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen, and the Chairman of the Commission on Audit, and two government employees to be appointed by the President, as members.

It shall be the task of this Committee to conduct a periodic, continuing review of the performance of public officials and employees, in all the branches and agencies of Government and establish a system of annual incentives and rewards to the end that due recognition is given to public officials and employees of outstanding merit on the basis of the standards set forth in this Act.

The conferment of awards shall take into account, among other things, the following: the years of service and the quality and consistency of performance, the obscurity of the position, the level of salary, the unique and exemplary quality of a certain achievement, and the risks or temptations inherent in the work. Incentives and rewards to government officials and employees of the year to be announced in public ceremonies honoring them may take the form of bonuses, citations, directorships in government-owned or controlled corporations, local and foreign scholarship grants, paid vacations and the like. They shall likewise be automatically promoted to the next higher position with the commensurate salary suitable to their qualifications. In case there is no next higher position or it is not vacant, said position shall be included in the budget of the office in the next General Appropriations Act. The Committee on Awards shall adopt its own rules to govern the conduct of its activities.

Show 11 more sections +→
Section 7 — Prohibited Acts and Transactions.→

Section 7.

Prohibited Acts and Transactions.

- In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful:

(a) Financial and material interest. - Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office.

(b) Outside employment and other activities related thereto. - Public officials and employees during their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or

(3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply.

(c) Disclosure and/or misuse of confidential information. - Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public, either:

(1) To further their private interests, or give undue advantage to anyone; or

(2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.

As to gifts or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift of nominal value tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or expenses for travel taking place entirely outside the Philippine (such as allowances, transportation, food, and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the head of office, branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of this subsection, including pertinent reporting and disclosure requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchange programs subject to national security requirements.

Section 8 — Statements and Disclosure.→

Section 8.

Statements and Disclosure.

- Public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under eighteen (18) years of age living in their households.

(A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a Disclosure of Business Interests and Financial Connections and those of their spouses and unmarried children under eighteen (18) years of age living in their households.

The two documents shall contain information on the following:

(a) real property, its improvements, acquisition costs, assessed value and current fair market value;

(b) personal property and acquisition cost;

(c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like;

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

(a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(c) within thirty (30) days after separation from the service.

All public officials and employees required under this section to file the aforestated documents shall also execute, within thirty (30) days from the date of their assumption of office, the necessary authority in favor of the Ombudsman to obtain from all appropriate government agencies, including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net worth, and also their business interests and financial connections in previous years, including, if possible, the year when they first assumed any office in the Government.

Husband and wife who are both public officials or employees may file the required statements jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests and Financial Connections shall be filed by:

(1) Constitutional and national elective officials, with the national office of the Ombudsman;

(2) Senators and Congressmen, with the Secretaries of the Senate and the House of Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court; Judges, with the Court Administrator; and all national executive officials with the Office of the President.

(3) Regional and local officials and employees, with the Deputy Ombudsman in their respective regions;

(4) Officers of the armed forces from the rank of colonel or naval captain, with the Office of the President, and those below said ranks, with the Deputy Ombudsman in their respective regions; and

(5) All other public officials and employees, defined in Republic Act No. 3019, as amended, with the Civil Service Commission.

(B) Identification and disclosure of relatives. - It shall be the duty of every public official or employee to identify and disclose, to the best of his knowledge and information, his relatives in the Government in the form, manner and frequency prescribed by the Civil Service Commission.

(C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall be made available for inspection at reasonable hours.

(2) Such statements shall be made available for copying or reproduction after ten (10) working days from the time they are filed as required by law.

(3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to cover the cost of reproduction and mailing of such statement, as well as the cost of certification.

(4) Any statement filed under this Act shall be available to the public for a period of ten (10) years after receipt of the statement. After such period, the statement may be destroyed unless needed in an ongoing investigation.

(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement filed under this Act for:

(a) any purpose contrary to morals or public policy; or

(b) any commercial purpose other than by news and communications media for dissemination to the general public.

Section 9 — Divestment.→

Section 9.

Divestment.

- A public official or employee shall avoid conflicts of interest at all times. When a conflict of interest arises, he shall resign from his position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption.

The same rule shall apply where the public official or employee is a partner in a partnership.

The requirement of divestment shall not apply to those who serve the Government in an honorary capacity nor to laborers and casual or temporary workers.

Section 10 — Review and Compliance Procedure.→

Section 10.

Review and Compliance Procedure.

- (a) The designated Committees of both Houses of the Congress shall establish procedures for the review of statements to determine whether said statements which have been submitted on time, are complete, and are in proper form. In the event a determination is made that a statement is not so filed, the appropriate Committee shall so inform the reporting individual and direct him to take the necessary corrective action.

(b) In order to carry out their responsibilities under this Act, the designated Committees of both Houses of Congress shall have the power within their respective jurisdictions, to render any opinion interpreting this Act, in writing, to persons covered by this Act, subject in each instance to the approval by affirmative vote of the majority of the particular House concerned.

The individual to whom an opinion is rendered, and any other individual involved in a similar factual situation, and who, after issuance of the opinion acts in good faith in accordance with it shall not be subject to any sanction provided in this Act.

(c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof insofar as their respective offices are concerned, subject to the approval of the Secretary of Justice, in the case of the Executive Department and the Chief Justice of the Supreme Court, in the case of the Judicial Department.

Section 11 — Penalties.→

Section 11.

Penalties.

- (a) Any public official or employee, regardless of whether or not he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months' salary or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office.

(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him.

(c) Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with public officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the public officials or employees and shall be tried jointly with them.

(d) The official or employee concerned may bring an action against any person who obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such action is brought may assess against such person a penalty in any amount not to exceed twenty-five thousand pesos (P25,000). If another sanction hereunder or under any other law is heavier, the latter shall apply.

Section 12 — Promulgation of Rules and Regulations, Administration and Enforcement of this→

Section 12.

Promulgation of Rules and Regulations, Administration and Enforcement of this Act.

- The Civil Service Commission shall have the primary responsibility for the administration and enforcement of this Act. It shall transmit all cases for prosecution arising from violations of this Act to the proper authorities for appropriate action: Provided, however, That it may institute such administrative actions and disciplinary measures as may be warranted in accordance with law. Nothing in this provision shall be construed as a deprivation of the right of each House of Congress to discipline its Members for disorderly behavior.

The Civil Service Commission is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this Act, including guidelines for individuals who render free voluntary service to the Government. The Ombudsman shall likewise take steps to protect citizens who denounce acts or omissions of public officials and employees which are in violation of this Act.

Section 13 — Provisions for More Stringent Standards.→

Section 13.

Provisions for More Stringent Standards.

- Nothing in this Act shall be construed to derogate from any law, or any regulation prescribed by any body or agency, which provides for more stringent standards for its official and employees.

Section 14 — Appropriations.→

Section 14.

Appropriations.

- The sum necessary for the effective implementation of this Act shall be taken from the appropriations of the Civil Service Commission. Thereafter, such sum as may be needed for its continued implementation shall be included in the annual General Appropriations Act.

Section 15 — Separability Clause.→

Section 15.

Separability Clause.

- If any provision of this Act or the application of such provision to any person or circumstance is declared invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected by such declaration.

Section 16 — Repealing Clause.→

Section 16.

Repealing Clause.

- All laws, decrees and orders or parts thereof inconsistent herewith, are deemed repealed or modified accordingly, unless the same provide for a heavier penalty.

Section 17 — Effectivity.→

Section 17.

Effectivity.

- This Act shall take effect after thirty (30) days following the completion of its publication in the Official Gazette or in two (2) national newspapers of general circulation.

Approved,

February 20, 1989.

The Lawphil Project - Arellano Law Foundation

Full text on BatasKo. Original source: Official Gazette / Lawphil.

Narinig mo na bang marinig ang salitang "SALN" sa balita? O yung usap-usapan tungkol sa government official na nahuling may malaking bahay pero maliit ang sahod?

Ang batas na nagtatakda ng lahat ng yan — ang tamang asal ng ating mga lingkod-bayan — ay Republic Act No. 6713, ang Code of Conduct and Ethical Standards for Public Officials and Employees. Inaprubahan ito noong February 20, 1989.

ELI5 (Ipaliwanag sa Bata): Ang RA 6713 ay parang "rulebook" para sa lahat ng nasa gobyerno. Nagsasabi ito: huwag tumanggap ng suhol, huwag gumamit ng impormasyon para sa personal na pakinabang, at ipahayag mo ang iyong yaman sa publiko — dahil ang public office ay isang public trust, hindi isang paraan para yumaman.

Ang Kwento ni Mang Carding

Si Mang Carding, isang 52-taong-gulang na barangay treasurer sa Iloilo City, ay kaugaliang tumatanggap ng "regalo" mula sa mga residente sa bawat Pasko — bigas, manok, at paminsan-minsan ay pera. "Pasasalamat naman, hindi suhol," ang lagi niyang depensa.

Isang araw, may nagreklamo sa Civil Service Commission. Ang imbestigasyon ay nagbukas ng isang katanungan: mayroon bang mga transaksyon sa barangay na kinakailangan ng pirma ni Mang Carding?

Natuklasan na ang ilan sa mga nagbibigay ng regalo ay may pending na permits sa opisina niya. Kahit na "pasasalamat" ang intensyon, ang Section 7(d) ng RA 6713 ay malinaw: bawal tumanggap ng regalo mula sa sinumang may transaksyon sa inyong opisina.

Kinailangang humarap si Mang Carding sa administrative hearing. Hindi siya nakukulong, pero natigil ang kanyang career.

Ano Talaga ang Sinasabi ng Batas

Ayon sa Section 1 ng RA 6713, ang batas na ito ay kilala bilang ang "Code of Conduct and Ethical Standards for Public Officials and Employees."

Sino ang covered? Lahat. Mula sa Section 3(b): "Public Officials includes elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation."

Ibig sabihin: kasama dito ang barangay captain, ang BIR examiner, ang sundalo, ang pulis, ang contractor ng gobyerno, ang board member — halos lahat ng may relasyon sa government.

Ang Apat na Malalaking Pagbabawal (Section 7)

1. Bawal may personal na interes sa transaksyon ng opisina mo. Hindi ka pwedeng mag-aprubo ng kontrata kung ikaw ay may stake sa kumpanyang kumukuha ng kontrata.

2. Bawal mag-side-job sa negosyong regulated ng opisina mo. Kung BIR examiner ka, hindi ka pwedeng maging tax consultant para sa mga kumpanyang ine-examine mo.

3. Bawal gumamit ng confidential information para sa personal na pakinabang. Ang impormasyong natutunan mo dahil sa trabaho mo — hindi mo ito pwedeng gamitin para kumita o para bigyan ng kalamangan ang iba.

4. Bawal tumanggap ng regalo. Ito ang pinaka-kilalang provision. Bawal ang kahit anong regalo, tulong, libangan, utang, o anumang bagay na may halaga mula sa sinumang may transaksyon sa inyong opisina — kahit Christmas regalo pa iyan.

Ang SALN: Ang Pinakakilalang Part ng RA 6713

Ang Statement of Assets, Liabilities and Net Worth (SALN) ay kinakailangan ng Section 8 ng batas.

Ano ang nasa SALN?

  • Lahat ng real property (lupa, bahay, condo) at current fair market value nito
  • Personal property at acquisition cost
  • Lahat ng investments, cash, stocks, bonds
  • Lahat ng utang (liabilities)
  • Lahat ng business interests at financial connections

Kailan i-file?

  1. Sa loob ng 30 araw pagkatapos mag-assume ng trabaho
  2. Tuwing April 30 ng bawat taon
  3. Sa loob ng 30 araw pagkatapos mag-resign o mag-retire

Sino ang nagfa-file saan?

  • Mga Constitutional at national elective officials → Office of the Ombudsman
  • Senators at Congressmen → Secretariat ng kanilang chamber
  • Justices → Clerk of Court ng Supreme Court
  • Lahat ng ibang government employees → Civil Service Commission

Pwede ba itong makita ng publiko? Oo. Ayon sa Section 8(C), ang lahat ng SALN ay available para sa inspection within reasonable hours. After 10 working days mula nang i-file, pwede na itong kopyahin.

Ano ang Ibig Sabihin Nito Para sa Iyo

Bilang isang mamamayan na may transaksyon sa gobyerno:

Hindi ka pwedeng pilitin o hingin ng government official ang kahit anong "bayad" para mapabilis ang iyong transaksyon. Kung may humihiling, iyan ay isang paglabag sa RA 6713 at posibleng RA 3019 (Anti-Graft and Corrupt Practices Act) din.

Bilang isang government employee:

  • Ang tanggap ng regalo — kahit maliit — mula sa mga may transaksyon sa iyo ay isang paglabag
  • Ang pagkabigo sa pag-file ng SALN ay may kasamang parusa
  • Ang paggamit ng confidential government information para sa personal na interes ay isang krimen

Bilang isang taxpayer na gustong siyasatin ang opisyal:

Pwede kang humiling ng kopya ng SALN ng anumang public official. Bayad lang ng maliit na fee para sa reproduction. Available ang SALN ng isang opisyal sa loob ng 10 taon.

Ano ang Maling Paniniwala ng Karamihang Pilipino

"Ang SALN ay para lang sa malalaking opisyal." Mali. Ang batas ay sumasaklaw sa lahat ng government employees — kasama ang mga kontraktwal at kaswal na manggagawa na may trabaho sa gobyerno.

"Okay lang ang regalo kung pasasalamat, hindi suhol." Hindi ganoon. Ang batas ay nakatuon sa relasyon, hindi sa intensyon. Kung ang nagbibigay ng regalo ay may transaksyon sa inyong opisina, automatic na may problema — kahit na wala kang ginagawang pabor.

"Pag hindi nag-file ng SALN, administrative penalty lang." May criminal aspect din. Ang paglabag sa Sections 7, 8, at 9 ay may kasamang imprisonment na hanggang 5 taon at/o fine na hanggang ₱5,000, at disqualification sa public office.

Mga Parusa sa Paglabag (Section 11)

Uri ng Paglabag Parusa
Pangkalahatang paglabag Fine ng hanggang 6 buwang sahod, o suspension hanggang 1 taon, o dismissal
Paglabag sa Sections 7, 8, at 9 (prohibited acts, SALN, divestment) Imprisonment hanggang 5 taon, at/o fine hanggang ₱5,000, at disqualification sa public office
Paglabag sa administrative proceeding Sapat na dahilan para sa dismissal kahit walang criminal case

Tandaan: kung ang ibang batas ay nagtatakda ng mas mabigat na parusa para sa parehong kilos, ang mas mabigat na batas ang gagamitin.

Ano ang Gagawin Mo Kung May Paglabag

Hakbang 1: I-document ang lahat. Kung humingi ng regalo o "bayad" ang isang opisyal, irekord kung posible — petsa, oras, lugar, halaga, pangalan ng opisyal.

Hakbang 2: Mag-reklamo sa tamang ahensya.

  • Para sa national government employees → Office of the Ombudsman (ombudsman.gov.ph)
  • Para sa local government employees → Office of the Deputy Ombudsman sa inyong rehiyon
  • Para sa civil service violations → Civil Service Commission (csc.gov.ph)

Hakbang 3: Humingi ng kopya ng SALN ng opisyal. Kung pinaghihinalaan mong ang isang opisyal ay may unexplained na kayamanan, humiling ng kanyang SALN mula sa kanyang opisina.

Hakbang 4: Makipag-ugnayan sa media o NGO kung kinakailangan. Ang Ombudsman ay may protection program para sa mga whistleblowers.

Hakbang 5: Kumunsulta sa abogado kung mayroon kang personal na sumbong. Ang PAO (Public Attorney's Office) ay libre para sa mga eligible na mamamayan. Tawagan: 1-800-10-PAO-8888.

Mga Kaugnay na Batas

Mga Madalas na Tanong

Tanong: Ano ang SALN at sino ang dapat mag-file nito?

Ang SALN (Statement of Assets, Liabilities and Net Worth) ay isang sworn declaration ng lahat ng ari-arian, utang, at kayamanan ng isang government employee, kasama na ang sa kanyang asawa at mga anak na wala pang 18 taong gulang. Lahat ng government employees — maliban sa mga honorary at casual workers — ay kailangang mag-file bawat taon.

Tanong: Legal ba ang pagtanggap ng regalo sa Pasko bilang isang government employee?

Depende sa halaga at relasyon. Ang "nominal" na regalo na hindi konektado sa anumang transaksyon ay maaaring tanggapin. Pero kung ang nagbibigay ay may pending na transaksyon sa inyong opisina, ang pagtanggap ay paglabag sa Section 7(d) ng RA 6713 kahit gaano ka-liit ang regalo.

Tanong: Puwede ko bang makuha ang SALN ng aking barangay captain?

Oo. Ang SALN ng lahat ng public officials ay available para sa public inspection at reproduction. Pumunta sa opisina ng local government unit o sa Office of the Ombudsman, humiling ng kopya, at bayadan ang reproduction fee.

Mga Sanggunian

Disclaimer: Pangkalahatang impormasyon lamang ito. Hindi ito legal advice. Kumonsulta sa isang lisensyadong abogado o sa PAO sa 1-800-10-PAO-8888 para sa legal na tulong.

By Irvin Abarca & Claude (AI Research Partner) | Published May 2026 | 8 min read

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Legal disclaimer: BatasKo provides general legal information, not legal advice. For your specific situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO).

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