U. Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713, Secs. 4, 7–9, and 11)

Public Officer

It includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government as defined in the preceding subparagraph.

Receiving any Gift

It includes the act of accepting directly or indirectly a gift from a person other than a member of the public officer's immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive. (Sec. 2)

Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the provisions of this Act. (Sec. 14)

PROHIBITION ON INDIVIDUALS

• Prohibition on private individuals
• It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene.
• Family relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree.
• Close personal relation shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer. (Sec. 4)
• Prohibition on certain relatives
• It shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil degree, of the President of the Philippines, the VicePresident of the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene, directly or indirectly, in any business, transaction, contract or application with the Government.
• This prohibition shall not apply to the following:
• any person who prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the Government along the same line of business; nor,
• to any transaction, contract or application already existing or pending at the time of such assumption of public office, nor to any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a profession (Sec. 5)
• Prohibition on Members of Congress
• It shall be unlawful hereafter for any Member of the Congress during the term for which he has been elected, to acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by the Congress during the same term.
• This also applies to any other public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution, and acquires or receives any such interest during his incumbency.
• It shall likewise be unlawful for such member of Congress or other public officer, who, having such interest prior to the approval of such law or resolution authored or recommended by him, continues for thirty days after such approval to retain such interest. (Sec. 6)

STATEMENT OF ASSETS AND LIABILITIES

What to file

• A 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, to be filed under oath.
• 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.

Who shall file

All public officials and employees except:

• those who serve in an honorary capacity,
• laborers, and
• Casual or temporary workers

To whom it shall be submitted

• Constitutional and national elective officials, with the national office of the Ombudsman;
• 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.
• Regional and local officials and employees, with the Deputy Ombudsman in their respective regions;
• 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
• All other public officials and employees, defined in Republic Act No. 3019, as amended, with the Civil Service Commission.

DISMISSAL DUE TO UNEXPLAINED WEALTH

Under Sec. 8 of RA 3019, a finding that a public official acquired, during incumbency, property or money manifestly disproportionate to salary and other lawful income is a ground for dismissal or removal. The specified family properties, bank deposits, and expenditures may be considered in determining unexplained wealth.

• To have acquired during his incumbency, an amount of property and/or money manifestly out of proportion to his income;
• Properties in the name of the public official’s spouse and unmarried children may be considered when their acquisition through legitimate means cannot be satisfactorily shown.
• Bank deposits in the name of or manifestly excessive expenditures incurred by the public official or any of their dependents. (Sec. 8)

Pre-suspension hearing

For preventive suspension under Section 13 of R.A. No. 3019, the accused must be given an opportunity to be heard before being suspended. A pre-suspension hearing is required to determine the validity of the information. However, an actual hearing is not necessary. All that is required is that the accused be given an opportunity to be heard. (Miguel v. Sandiganbayan, G.R. 172035, 2012)