Video-Preamble of the 1987 Philippines constitutionConstitution Article 11:1 |
The Accountability of Public Officers

Section 1. 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; act with patriotism and justice, and lead modest lives.

Constitution Article 11:1, within the last article, we shared the introduction, and within this article, we hope to bring forth a more detailed meaning of our introduction. More »

Video-Preamble of the 1987 Philippines constitutionConstitution Article 11:1 |
The Accountability of Public Officers

Section 1. 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; act with patriotism and justice, and lead modest lives.

Constitution Article 11:1 is part of the accountability that a public officer must perform to each and every person despite if they are an upper class, a lower class or even a government official themselves.

It says very clearly that More »

THE ESSENTIAL THING

Forfeiture of illegally obtained wealth (part 3 of 3)

Ma. Merceditas N. Gutierrez, Ombudsman

In this issue, we conclude the installments on understanding forfeiture of illegally-obtained wealth.

In the defense against forfeiture, the Bank Deposits Secrecy Law (RA 1405, eff. 1955) and the Foreign Currency Deposit Act (RA 6426, eff. 1974) often also play a prominent role.  The BDSL provides that, unless ordered by a competent court in certain exceptional cases that include bribery or dereliction of duty, no examination into bank deposits in the Philippines may be made by any government official or body, and no bank employee shall disclose information on said deposits, unless permitted in writing by the depositor himself.  The FCDA, on the other hand, prohibits any examination by any government official, except upon written authority from the depositor. It further declares the deposits as exempt from attachment, garnishment or other process by any court or body. Both laws declare the deposits as absolutely confidential in nature. More »

THE ESSENTIAL THING

Forfeiture of illegally obtained wealth (part 2 of 3)

Ma. Merceditas N. Gutierrez, Ombudsman

In this issue, we continue the installments on understanding forfeiture of illegally-obtained wealth.  We ended the last time with a statement that in forfeiture proceedings, the State is helped by a prima facie presumption in its favor.  That presumption states that property or wealth manifestly out of proportion to a public officer’s salary and other legitimate income is presumed illegal wealth.  For the state, this requires simply laying down the wealth obtained by the officer concerned and comparing it to his total government salary and benefits.  But we also said this is not as easy as it sounds, nor is the process involved free from complication. More »

THE ESSENTIAL THING

Forfeiture of illegally obtained wealth (part 1 of 3)

Ma. Merceditas N Gutierrez, Ombudsman

RA 1379, enacted way back in 1955, gave the State the power to institute forfeiture proceedings against any public officer or employee to recover illegally-obtained property or wealth.  The 1987 Constitution expressly recognized this authority in Sec. 15 of Article XI which dealt on the accountability of public officers.  But the constitution clearly added that said power may be exercised not only against the officer concerned, but against his nominees and transferees.  It also more positively stated that said power cannot be barred by prescription, laches or estoppel. The provision under par. 2 of RA 1379 that the resignation of the official, his separation or dismissal would not prevent the filing of a forfeiture case against him was untouched. More »

GAPlogo | THE ESSENTIAL THINGTHE ESSENTIAL THING

Some thoughts on serving the public better

By Ma. Merceditas N. Gutierrez, Ombudsman

ARTICLE 11
ACCOUNTABILITY OF
PUBLIC OFFICERS

Section 1. 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; act with patriotism and justice, and lead modest lives.

Uniform recruitment procedure.  I was just telling my staff the other day, “why not for the Civil Service Commission to issue More »

When does duress make a contract voidable?

The Threat must have persuaded the innocent party to enter into the contract. The innocent party must have entered into the contract because of the threat. if the party would have entered into the same contract anyway, even without being threatened, the contract is not voidable.

Have you ever had a legal case inwhich you knew you were in the right but the other party, either being a person who might know of those higher up, by using acts of bribery with them, or even a government worker themselves whom seems to be concidered before ever the other person, outside the government, is ever concidered?

I highly recomend More »

RA 6713 or the “Code of Conduct and Ethical Standards for Public Officials and Employees”

February 20, 2009

TUCP welcomes comments regarding the services of other government agencies, particularly DOLE and its attached agencies. More »

speak-out-logo-1-web1RA 6770 Sections 24

Republic of the Philippines
Congress of the Philippines

Metro Manila

Eighth Congress

Republic Act No. 6770             November 17, 1989

AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN, AND FOR OTHER PURPOSES

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

Section 24. Preventives Suspension. — The Ombudsman or his Deputy may preventively suspend any officer or employee under his authority pending an investigation, if in his judgment the evidence of guilt is strong, and (a) the charge against such officer or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty; (b) the charges would warrant removal from the service; or (c) the respondent’s continued stay in office may prejudice the case filed against him.

We have here four, important points, that gives us the right to file charges against any officer, in government, here in the Philippines, especially the immigration, Ombudsman or the Department of Justice, when we believe that we have been wronged or falsely accused.

The four important points are as follows: More »

Code of Conduct

Code of Conduct,

RA 6713, under Sections 4(A):
How it is being played out in office

 

Sources of the written Code of Conduct

http://www.lawphil.net/statutes/repacts/ra1989/ra_6713_1989.html

http://excell.csc.gov.ph/cscweb/RA6713.html

Code of Conduct | My CommentarySections 4(A)

(a) The people’s concerns, though they be citizen or foreigner, comes first. – “…uphold the public interest over and above personal interest.”

(b) They ignore their duty and the rights of the people. – “They shall enter public service with utmost devotion and dedication to duty.”

(c) LIARS, depriving the people, overcharging and ANTI-LAW – “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…” More »