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General Information
GDP USD284.582bn (World ranking 40, World Bank 2014)
Population 100.1 million (World ranking 12, World Bank 2014)
Form of state Republic
Head of government Benigno AQUINO III
Next elections 2016, presidential

 

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Data Protection

Contribution Details

Romulo Mabanta Buenaventura sayoc & De Los Angeles

eileen rosario cordero-Batac

catherine o. King Kay

Law

The Philippines recently enacted the Data Privacy Act of 2012 (the “Act”) or

Republic Act No. 10173, which took effect on 8 September 2012.

Definition of Personal Data

Personal Information is defined in the Act as “any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.”

The Act, in addition to defining “Personal Information” that is covered by the law, also expressly excludes certain information from its coverage. These are:

  • Information about any individual who is or was an officer or employee of a government
  • institution that relates to the position or functions of the individual, including:
  • The fact that the individual is or was an officer or employee of the government institution;
  • The title, business address and office telephone number of the individual;
  • The classification, salary range and responsibilities of the position held by the individual;
  • And
  • The name of the individual on a document prepared by the individual in the course of employment with the government;
  • Information about an individual who is or was performing services under contract for a government institution that relates to the services performed, including the terms of the contract, and the name of the individual given in the course of the performance of those services;
  • Information relating to any discretionary benefit of a financial nature such as the granting of a license or permit given by the government to an individual, including the name of the individual and the exact nature of the benefit;
  • Personal information processed for journalistic, artistic, literary or research purposes;
  • Information necessary in order to carry out the functions of a public authority which includes the processing of personal data for the performance by the independent, central monetary authority and law enforcement and regulatory agencies of their constitutionally and statutorily mandated functions. Nothing in this Act shall be construed as to have amended
  • or repealed Republic Act No. 1405, otherwise known as the Secrecy of Bank Deposits Act; Republic Act No. 6426, otherwise known as the Foreign Currency Deposit Act; and Republic Act No. 9510, otherwise known as the Credit Information System Act (CISA);
  • Information necessary for banks and other financial institutions under the jurisdiction of the independent, central monetary authority or Bangkok Central  Philippines to comply with Republic Act No. 9510, and Republic Act No. 9160, as amended, otherwise known as the Anti-Money Laundering Act and other applicable laws; and
  • Personal information originally collected from residents of foreign jurisdictions in

accordance with the laws of those foreign jurisdictions, including any applicable data privacy laws, which is being processed in the Philippines.

Definition of sensitive Personal Data

Sensitive Personal Information is defined in the Act as personal information:

  • About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
  • About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;
  • Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or cm-rent health records, licenses or its denials, suspension or revocation, and tax returns; and
  • Specifically established by an executive order or an act of Congress to be kept classified.

National Data Protection Authority

The Act provides for the creation of a National Privacy Commission. As of 15 January 2013, the

National Privacy Commission has not been constituted.

Registration

There is no system of mandatory registration provided in the Act.

Data Protection Officers

The Personal Information Controller of an organization must appoint a person or persons who shall be accountable for the organization’s compliance with the Act, and the identity of such person or persons must be disclosed to the data subjects upon the latter’s request.

Collection and Processing

The collection and processing of Personal Information must comply with the general principle that Personal Information must be:

  • Collected for specified and legitimate purposes determined and declared before, or as soon as reasonably practicable after collection, and later processed in a way compatible with such declared, specified and legitimate purposes only;
  • Processed fairly and lawfully;
  • Accurate, relevant and, where necessary for purposes for which it is to be used the processing of personal information, kept up to date; inaccurate or incomplete data must be rectified, supplemented, destroyed or their further processing restricted;
  • Adequate and not excessive in relation to the purposes for which they are collected and
  • processed;
  • Retained only for as long as necessary for the fulfillment of the purposes for which the data was obtained or for the establishment, exercise or defense of legal claims, or for legitimate business purposes, or as provided by law; and
  • Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected and processed: Provided, That personal information collected for other purposes may lie processed for historical, statistical or scientific purposes, and in cases laid down in law may be stored for longer periods: Provided, further, that adequate safeguards are guaranteed by said laws authorizing their processing.
  • In addition, the processing of personal information must meet the following criteria, otherwise,
  • such processing becomes prohibited:
  • The data subject has given his or her consent;
  • The processing of personal information is necessary and is related to the fulfillment of a
  • contract with the data subject or in order to take steps at the request of the data subject prior
  • to entering into a contract;
  • The processing is necessary for compliance with a legal obligation to which the personal
  • information controller is subject;
  • The processing is necessary to protect vitally important interests of the data subject,
  • including life and health;
  • The processing is necessary in order to respond to national emergency, to comply with the requirements of public order and safety, or to fulfill functions of public authority which necessarily includes the processing of personal data for the fulfillment of its mandate; or
  • The processing is necessary for the purposes of the legitimate interests pursued by the personal information controller or by a third party or parties to whom the data is disclosed, except where such interests are overridden by fundamental rights and freedoms of the data subject which require protection under the Philippine Constitution.
  • The processing of sensitive personal information is prohibited, except in the following cases;
  • The data subject has given his or her specific consent prior to the processing, or in the
  • case of privileged information, all parties to the exchange have given their consent prior to processing;
  • The processing is provided for by existing laws and regulations, provided that such regulatory enactments guarantee the protection of the sensitive personal information and the privileged information, and the consent of the data subjects is not required by law or regulation permitting the processing of the sensitive personal information or the privileged information;
  • The processing is necessary to protect the life and health of the data subject or another person, and the data subject is not legally or physically able to express his or her consent prior to the processing;
  • The processing is necessary to achieve the lawful and noncommercial objectives of public organizations and their associations, provided, (i) such processing is only confined and related to the bona fide members of these organizations or their associations, (ii) the sensitive personal data are not transferred to third parties, and (iii) the consent of the data subject was obtained prior to processing;
  • The processing is necessary for purposes of medical treatment, is carried out by a medical practitioner or a medical treatment institution, and an adequate level of protection of personal information is ensured; or
  • The processing concerns such personal information as is necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings, or the establishment, exercise or defense of legal claims, or when provided to government or public authority.

Transfer

The transfer of Personal Information is permitted without any restrictions or prerequisites, but the Personal Information Controller remains responsible for personal information under its control or custody that have been transferred to a third party for processing, whether domestically or internationally, subject to cross-border arrangement and cooperation. The transfer, however, of sensitive personal information to third parties is prohibited.

Security

The personal information controller must implement reasonable and appropriate organizational, physical and technical measures to protect personal information against any type of accidental or unlawful destruction, such as from accidental loss, unlawful access, fraudulent misuse, unlawful destruction, alteration, contamination and disclosure, as well as against any other unlawful processing.

The determination of the appropriate level of security must take into account the nature of the personal information to be protected, the risks represented by the processing, the size of the organization and complexity of its operations, current data privacy best practices and the cost of security implementation.

In addition, the security measures to be implemented must include the following, which are subject to guidelines that the National Privacy Commission may issue:

  • safeguards to protect its computer network against accidental, unlawful or unauthorized

usage or interference with or hindering of their functioning or availability;

  • a security policy with respect to the processing of personal information;
  • a process for identifying and accessing reasonably foreseeable vulnerabilities in its computer networks, and for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach; and
  • regular monitoring for security breaches and a process for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach.

The personal information controller is obligated to ensure that third parties processing personal

information on its behalf shall implement the security measures required by the Act.

The obligation to maintain strict confidentiality of personal information that are not intended for public disclosure extends to the employees, agents or representatives of a personal information controller who are involved in the processing of such personal information.

Breach Notification

The Personal Information Controller is required to promptly notify the National Privacy Commission and the affected data subjects when it has reasonable belief that sensitive personal information or other information has been acquired by an unauthorized person, and that (a) such personal information may, under the circumstances, be used to enable identity fraud and

(b) the Personal Information Controller or the National Privacy Commission believes that such unauthorized acquisition is likely to give rise to a real risk of serious harm to any affected data subject.

The notification shall at least describe the nature of the breach, the sensitive personal information possibly involved, and the measures taken by the entity to address the breach.

Notification may be delayed only to the extent necessary to determine the scope of the breach, to prevent further disclosures, or to restore reasonable integrity to the information and communications system. The National Privacy Commission may also authorize postponement of notification where such notification may hinder the progress of a criminal investigation related to a serious breach.

Notification is not required if the National Privacy Commission determines (a) that notification is unwarranted after taking into account compliance by the Personal Information Controller with the Act and the existence of good faith in the acquisition of personal information, or (b) in the reasonable judgment of the National Privacy Commission, such notification would not be in the public interest or in the interests of the affected data subjects.

Enforcement

The National Privacy Commission is responsible for ensuring compliance of the Personal Information Controller with the Act. It has the power to receive complaints, institute investigations, facilitate or enable settlement of complaints through the use of alternative dispute resolution processes, adjudicate, award indemnity on matters affecting any personal information, prepare reports on disposition of complaints and resolution of any investigation it initiates, and, in cases it deems appropriate, publicize any such report. Additionally, the National Privacy Commission can issue cease and desist orders, impose a temporary or

permanent ban on the processing of personal information, upon finding that the processing will be detrimental to national security and public interest.

The National Privacy Commission, however, cannot prosecute violators for breach of the Act for which criminal penalties can be imposed. The Department of Justice is tasked with the prosecution for violations of the Act that are punishable with criminal sanctions.

The following actions are punishable by the Act with imprisonment in varying duration plus a monetary penalty:

  • Processing of personal information or sensitive personal information; (i) without the consent of the data subject or without being authorized by the Act or any existing law; or (ii) for purposes not authorized by the data subject or otherwise authorized under the Act or under existing laws;
  • Providing access to personal information or sensitive personal information due to negligence
  • and without being authorized under this Act or any existing law;
  • Knowingly or negligently disposing, discarding or abandoning the personal information or sensitive personal information of an individual in an area accessible to the public or has otherwise placed the personal information of an individual in its container for trash collection;
  • Knowingly and unlawfully, or violating data confidentiality and security data systems, breaking in any way into any system where personal and sensitive personal information is stored;
  • Concealing the fact of such security breach, whether intentionally or by omission, after having knowledge of a security breach and of the obligation to notify the National Privacy Commission pursuant to Section 20(f ) of the Act;
  • Disclosing by any personal information controller or personal information processor or any of its officials, employees or agents, to a third party personal information or sensitive personal information without the consent of the data subject and without malice or bad faith;
  • Disclosing, with malice or in bad faith, by any personal information controller or personal information processor or any of its officials, employees or agents of unwarranted or false information relative to any personal information or personal sensitive information obtained by him or her.

Electronic Marketing

In 2008, the Department of Trade and Industry, the Department of Health, and the Department of Agriculture issued a joint administrative order implementing the Consumer Act of the Philippines (Republic Act No. 7394) and the E-Commerce Act (Republic Act No. 8792). The Joint

DTI-DOH-DA Administrative Order No. 01 (the “Administrative Order”) provides rules and regulations protecting consumers during online transactions, particularly on the purchase of products and services. It covers both local and foreign-based retailers and sellers engaged in e-commerce.

The Administrative Order particularly requires retailers, sellers, distributors, suppliers or manufacturers engaged in electronic commerce with consumers to refrain from engaging in any false, deceptive and misleading advertisement prohibited under the provisions of the Consumer Act of the Philippines.

In line with the Administrative Order’s provision on fair marketing and advertising practices, retailers, sellers, distributors, suppliers or manufacturers engaged in electronic commerce are mandated to provide:

  • fair, accurate, clear and easily accessible information describing the products or services offered for sale such as the nature, quality and quantity thereof;
  • fair, accurate, clear and easily accessible information sufficient to enable consumers to make
  • an informed decision whether or not to enter into the transaction; and
  • such information that allows consumers to maintain an adequate record of the information

about the products and services offered for sale.

Republic Act No. 10175 or the “Cybercrime Prevention Act of 2012”2 (the “CPA”) prohibits and penalizes unsolicited commercial communications unless:

there is prior affirmative consent from the recipient; or

2 The CPA was signed into law on 12 September 2012. However, the Philippine Supreme Court issued a temporary restraining order dated 9 October 2012 on the law’s implementation. The order is effective for 120 days and is set to expire on 6 February 2013. Oral arguments were conducted on 15 January 2013 where a request for an extension of such restraining order was made. As of 20 January 2013, The Supreme Court has yet to act on such extension.

the primary intent of the communication is for service and/or administrative announcements

from the sender to its existing users, subscribers or customers; or

  • the following conditions are present:
  • The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (opt-out) from the same source;
  • The commercial electronic communication does not purposely disguise the source of the
  • electronic message; and
  • The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.

Online Privacy (including cookies and Location Data)

The CPA is the first law in the Philippines which specifically criminalizes computer crimes. The law aims to address legal issues concerning online interactions. The CPA does not define nor does it particularly refer to online privacy, however, it penalizes acts that violate an individual’s rights to online privacy, particularly those interferences against the confidentiality, integrity and availability of computer data and systems.

Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system. “Traffic data” as used in the CPA, refers to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities.

All other data to be collected or seised or disclosed will require a court warrant.

The court warrant shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce showing that there are:

  • reasonable grounds to believe that any of the crimes penalized by the CPA has been
  • committed, or is being committed, or is about to be committed;
  • reasonable grounds to believe that evidence that will be obtained is essential to the conviction
  • of any person for, or to the solution of, or to the prevention of, any such crimes; and
  • no other means readily available for obtaining such evidence.

The integrity of traffic data shall be preserved for a minimum period of six months from the date of the transaction.

Courts may issue a warrant for the disclosure of traffic data if such disclosure is necessary and relevant for the purposes of investigation in relation to a valid complaint officially docketed.

No law in this jurisdiction currently deals with the subject of Location Data or the regulation of the use of Cookies.

Anti-Graft and Corrupt Practices Act, 1960

(Approved on: August 17, 1960)

Sec. 1. Statement of policy

It is the policy of the Philippine Government, in line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto.

Sec. 2. Definition of terms

As used in this Act, the term –

(a) “Government” includes the national government, the local governments, the government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches.

(b) “Public officer” 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. Chan rubles virtual law library.

(c) “Receiving any gift” 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.

(d) “Person” includes natural and juridical persons, unless the context indicates otherwise.

Sec. 3. Corrupt practices of public officers

In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the tendency thereof or within one year after its termination.

(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.

(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.

(h) Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.

(I) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong. Chan rubles virtual law library

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.

(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.

The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.

Sec. 4. Prohibition on private individuals

(a) 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. The word “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.

(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses defined in Section 3 hereof.

Sec. 5. 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 Vice-President 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: Provided, That this section shall not apply to 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. 6. 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.

The provision of this section shall apply 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. Chan rubles virtual law library

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. 7. Statement of assets and liabilities

Every public officer, within thirty days after the approval of this Act or after assuming office, and within the month of January of every other year thereafter, as well as upon the expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent office, with the Office of the President, or in the case of members of the Congress and the officials and employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year: Provided, That public officers assuming office less than two months before the end of the calendar year, may file their statements in the following months of January.

Sec. 8. Dismissal due to unexplained wealth

If in accordance with the provisions of Republic Act Numbered One thousand three hundred seventy-nine, a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground for dismissal or removal. Properties in the name of the spouse and unmarried children of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits shall be taken into consideration in the enforcement of this section, notwithstanding any provision of law to the contrary.

Sec. 9. Penalties for violations

(a) Any public officer or private person committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than one year nor more than ten years, perpetual disqualification from public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of conviction of the accused, be entitled to recover in the criminal action with priority over the forfeiture in favor of the Government, the amount of money or the thing he may have given to the accused, or the value of such thing. Chan rubles virtual law library

(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment not exceeding one year, or by both such fine and imprisonment, at the discretion of the Court.

The violation of said section proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted against him.

Sec. 10. Competent court

Until otherwise provided by law, all prosecutions under this Act shall be within the original jurisdiction of the proper Court of First Instance (now Regional Trial Court).

Sec. 11. Prescription of offenses

All offenses punishable under this Act shall prescribe in ten (10) years.

Sec. 12. Termination of office

No public officer shall be allowed to resign or retire pending an investigation, criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the provisions of the Revised Penal Code on bribery.

Sec. 13. Suspension and loss of benefits

Any public officer against whom any criminal prosecution under a valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him. Chan rubles virtual law library

Sec. 14. Exception

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 accepted from the provisions of this Act.

Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or occupation by any private person or by any public officer who under the law may legitimately practice his profession, trade or occupation, during his incumbency, except where the practice of such profession, trade or occupation involves conspiracy with any other person or public official to commit any of the violations penalized in this Act.

Sec. 15. Separability clause

If any provision of this Act or the application of such provision to any person or circumstances 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.

Sec. 16. Effectivity

This Act shall take effect on its approval, but for the purpose of determining unexplained wealth, all property acquired by a public officer since he assumed office shall be taken into consideration.

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. Title.

This Act shall be known as the “Code of Conduct and Ethical standards for Public Officials and Employees.”

Sec. 2. Declaration of Policy.

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.

Sec. 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 government0owned or controlled corporations and their subsidiaries.

(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 disposed of gratuitously, or any act of 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 commodious 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 less than 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 owned or has a substantial interest in 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. “Relatives” refers to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including balas, into and bale.

Sec. 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 on 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 socioeconomic 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 the 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 time 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 t 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.

Sec. 5. Duties of public Officials and Employees.

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

(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.

Sec. 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: Ombudsman and 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 of 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.

Sec. 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 employee3 and are hereby declared to be unlawful:

(a) Financial and material interest. – Public officials and employees shall not, directly and 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 Philippines (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.

Sec. 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 interest including those of their spouses and of unmarried children under eighteen (18) years of age living in their households.

(A) Statement 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 foretasted 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 and 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 the 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 (100 working days from the time they are filed as required by law.

(3) 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.

Sec 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.

Sec. 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 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.

Sec. 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 one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body of 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, 000.00), 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, 000.00). If another sanction hereunder or under any other law is heavier, the latter shall apply.

Sec. 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.

Sec. 13. Provisions for More Stringent Standards.

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

Sec. 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 as may be needed for its continued implementation shall be included in the annual General Appropriations

Act. Sec. 15. Separability Clause.

If any provision of this Act or the application of such 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.

Sec. 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.

Sec. 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

Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees

Pursuant to the provisions of Section 12 of Republic Act No. 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees”, approved Dn February 20, 1989, and which took effect on March 25, 1989, conformably to Section 17 thereof, the following Rules are hereby adopted in order to carry out the provisions of the said Code:

Rule I Coverage

Section 1. These Rules shall cover all officials and employees in the government, elective and appointive, 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.

Rule II Interpretation

Section 1. These Rules shall be interpreted in the light of the Declaration of Policy found in
Section 2 of the Code:

“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.”

Rule III Reforms on Public Administrative Systems

Section 1. Every department, office and agency shall, as soon as practicable and in no case later than ninety (90) days from the affectivity of these rules, start conducting value development programs for its officials and employees in order to strengthen their commitment to public service and help promote the primacy of public interest over personal interest in the performance of their duties. Such programs and other parallel efforts on value development shall include, among other things, the following subjects:

(a) Ethical and moral values;

(b) Rights, duties and responsibilities of public servants

(c) Nationalism and patriotism;

(d) Justice and human rights;

(e) Democracy in a free and just society;

(f) Philippine history. Culture and tradition; and

(g) Socio-economic conditions prevailing in the country, especially in the depressed areas, and the need for a code of Conduct and Ethical Standards.

Continuing refresher courses and seminars and/or workshops to promote a high standard of ethics in public service shall be conducted.

Section 2. Professional, scientific, technical trainings and education programs shall enhance to the highest degree, professionalism, excellence, intelligence and skills in the performance and discharge of duties and responsibilities of officials and employees. These programs shall be conducted in all offices of the government and may include subjects that are enumerated in the preceding section.

Section 3. It is the responsibility of every head of department, office and agency to ensure that officials and employees attend the value development program and participate in parallel value development efforts.

Section 4. Every department, office and agency shall conduct continuing studies and analyses of their work systems and procedures to improve delivery of public services. Towards this end, such studies and analyses shall: (1) identify systems and procedures that lead or contribute to negative bureaucratic behavior; (2) simplify rules and procedures to avoid red tape; and (3) devise or adopt systems and procedures that promote official and employee morale and satisfaction.

Each department, office or agency shall develop a service guide or its functional equivalent which shall be regularly updated and made available to the transacting public. A workflow chart showing procedures or flow of documents shall likewise be posted in conspicuous places in the department, office or agency for the information and guidance of all concerned.

Upon request, the Department of Budget and Management shall assists departments, offices and agencies in the evaluation and adoption of work systems and procedures that will institutionalize a management climate conducive to public accountability.

Section 5. Every department, office and agency shall consult the public they serve for the purpose of gathering feedback and suggestions on the efficiency, effectiveness and economy of services. They shall establish mechanisms to ensure the conduct of public consultations and hearings.

Section 6. Every department, office and agency shall continuously conduct research and experimentation on measures and adopt innovative programs which will provide motivation to officials and employees in raising the level of observance of public service ethical standards.

Section 7. every department, office and agency shall, appoint or designate a resident Ombudsman, who shall act immediately on all request for public assistance referred to him by the Ombudsman and his Deputies. He shall be held accountable for the disposition of all requests for assistance.

Section 8. Government officials shall make themselves available to their staff for consultations and dialogues.

Rule IV Transparency of Transactions and Access to Information

Section 1. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

Section 2. It is the responsibility of heads of departments, offices and agencies to establish measures and standards that will ensure transparency of and openness in public transactions in their respective offices, such as biddings, purchases, other internal transactions, including contracts, status of projects, and all other matters involving public interest.

They shall establish information systems that will inform the public of the following: (a) policies, rules, and procedures; (b) work programs, projects, and performance targets; (c) performance reports; and (d) all other documents as may hereafter be classified as public information.

Such information shall be utilized solely for the purpose of informing the public of such policies, programs and accomplishment, and not to build the public image of any official or employee or to advance his own personal interest.

Section 3. Every department, office or agency shall provide official information, records or documents to any requesting public, except if:

(a) Such information, record or document must be kept secret in the interest of national defense or security or the conduct of foreign affairs.

(b) Such disclosure would put the life and safety of an individual in imminent danger;

(c) the information, record or document sought falls within the concepts of established privilege or recognized exceptions as may be provided by law or settled policy or jurisprudence;

(d) Such information, record or document compromises drafts or decisions, orders, rulings, policy, decisions, memoranda, etc;

(e) It would disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(f) it would disclo

(Adopted on: April 16, 2001)

Whereas, Article VII, Section 17 of the Constitution provides that the President shall have control of all executive departments, bureaus, and offices;

Whereas, in terms of personnel and funding, the Executive Department is the largest of the three branches of government;

Whereas, there is a need for commission under the Office of the President, to conduct the task of investigating and hearing administrative cases and complaints against personnel in the Executive Department;

Whereas, by virtue of the Executive Order No. 268 dated July 18, 2000, the Presidential Commission against Graft and Corruption was abolished and replaced with the National Anti-Corruption Commission;

Whereas, the National Anti-Corruption Commission was never activated;

Whereas, there is a need to create a new commission to assist the President in the campaign against graft and corruption, whose jurisdiction and authority are clearly defined;

Now, therefore, I, Gloria Macapagal-Arroyo, President of the Philippines, by virtue of the powers vested in me by the Constitution and the laws do hereby order:

Section 1. Creation

The Presidential Anti-Graft Commission hereinafter to as the “Commission” is hereby created under the Office of the President, pursuant to Article VII, Section 17 of the Constitution.

Sec. 2. Composition

The Commission shall be composed of a Chairman and two (2) Commissioners to be appointed by the President. All the members of the Commission shall serve on a full-time basis and a majority shall be members of the Philippine Bar. The Chairman shall have the rank, emoluments and privileges of a Presidential Assistant II. The Commissioners, on the other hand, shall have the rank, emoluments, and privileges of a Presidential Assistant I. The Chairman shall preside over the meetings of the Commission and shall direct and supervise the implementation and execution of policies, standards, rules and regulations.

Sec. 3. Secretariat

The Commission shall have a Secretariat which shall provide technical and administrative support to the Commission and which shall be headed by an Executive Director. The Executive Director, under the control and supervision of the chairman, shall execute and administer the policies and decision s of the Commission and manage the day-to-day operations thereof. The Executive Director shall be appointed by the President upon the recommendation of the Chairman. The Chairman shall have the authority to appoint, promote, and discipline the personnel of the Secretariat.

The Commission, subject to pertinent laws, rules and regulations, may create, organize and set in operation such organizational units necessary for the performance of its powers, functions, and duties and for the enforcement of this Executive Order. Such units shall be staffed duly qualified personnel appointed by the Chairman and those detailed to the Commission by other government entities.

The Commission shall be exempt from the prohibition against hiring of new personnel prescribed in Administrative Order No. 100 dated December 1, 1999 with regard to its initial appointments provided that the organizational structure and staffing pattern of the Secretariat shall be prepared in coordination with the Department of Budget and Management and submitted to the President for approval.

Sec. 4. Jurisdiction, Powers and Functions

(a) The Commission, acting as a collegial body, shall, on its own or on complaint, have the power to investigate or hear administrative cases or complaints involving the possible violation of any of the following:

(1) Republic Act No. 3019 as amended, otherwise known as the “Anti-Graft and Corrupt Practices Act;”

(2) Republic Act No. 1379 on the unlawful acquisition of property by a public officer or employee;

(3) Republic Act No. 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees;”

(4) Presidential Decree No. 46, making it punishable for public officials and employees to receive gifts on any occasion, including Christmas;

(5) Any provision under Title Seven, Book Two of the Revised Penal Code; and

(6) Rules and regulations duly promulgated by competent authority to implement any of the foregoing laws or issuances.

(b) The Commission , acting as a collegial body, shall have the authority to investigate or hear administrative cases or complaints against all presidential appointees in the government and any of its agencies or instrumentalities (including members of the governing board of any instrumentality, regulatory agency, chartered institution and directors or officers appointed or nominated by the President to government-owned or controlled corporations or corporations where the government has a minority interest or who otherwise represent the interests of the government), occupying the positions of assistant regional director, or an equivalent rank, and higher, otherwise classified as Salary Grade “26” and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758). In the same manner, the Commission shall have jurisdiction to investigate a non-presidential appointee who may have acted in conspiracy or may have been involved with a presidential appointee or ranking officer mentioned in this subsection. The Commission shall have no jurisdiction over members of the Armed Forces of the Philippines and the Philippine National Police.

(c) Anonymous complaints against a presidential appointee shall not be given due course unless there appears on its face or the supporting documents attached to the anonymous complaint a probable cause to engender a belief that the allegations may be true.

(d) The Commission shall use every and all reasonable means to ascertain the facts in each case or complaint speedily and objectively and without regard to technicalities of law or procedure, in all instances observing the due process.

(e) The investigation or hearing involving a presidential appointee with the position of Undersecretary or higher shall be conducted by the Commission sitting en bane. The investigation or hearing involving a presidential appointee occupying a lower position may be entrusted to a Commissioner or panel of hearing officers duly designated by the Chairman; Provided, however, that the report or recommendations of the Commissioner or panel of hearing officers who investigated or heard the administrative case or complaint shall be deliberated upon a reviewed by the Commission en bane before submitting its report and recommendations to the President.

Sec. 5. Powers Incidental to Investigation

The Commission shall have the power to administer oaths and issue subpoena ad testificandum and dukes talcum. The Commission shall likewise have the power to call upon and secure the assistance of any office, committee, commission, bureau, agency, department or instrumentality in the Executive Branch, including government-owned or controlled corporations.

During the tendency of its investigation or hearing, the Commission may recommend to the President the preventive suspension of the respondent for such periods as may be allowed by law.

Sec. 6. Enforcement of Subpoena

Upon failure to comply with a subpoena issued by the Commission or by its authority without adequate cause, the Commission en bane, on motion or mote propriety, may recommend to the President, after formal charge and hearing, the suspension or dismissal from the service of the non-complying government personnel.

Sec. 7. Resignation/Retirement of Respondent

The resignation or retirement of the public officer under investigation shall not divest the Commission of jurisdiction to continue the investigation or hearing and submit its recommendations to the President as to the imposition of accessory penalties or such other action to be taken.

Sec. 8. Submission of Report and Recommendations

After completing its investigation or hearing, the Commission en bane shall submit its report and recommendations to the President. The report and recommendations shall state, among others, the factual findings and legal conclusions, as well as the penalty recommend to be imposed or such other action that may be taken.

Sec. 9. Referral to Other Government Units

Whenever the Commission deems it warranted and necessary, it may refer for appropriate action any case to the Office of the Ombudsman, or any other office, committee, commission, bureau, agency, department, instrumentality or branch of the government, including government-owned or controlled corporations.

Sec. 10. Measures to Prevent and Minimize Graft and Corruption

The Commission may conduct studies, on its own or in cooperation with other government agencies or non-governmental organizations, on new measures to prevent and minimize the opportunities for graft and corruption at all levels of bureaucracy.

Sec. 11. Consultants and Deputies

The Chairman may engage the services of qualified consultants and/or deputies, from the public or private sector, subject to pertinent laws, rules and regulations.

Sec. 12. Reports

At least thirty (30) days before the opening of each session of Congress, the Commission shall submit to the President:

(a) A list of respondents whom it has investigated, together with its recommendations, and other data or information it may deem necessary to be included;

(b) A list of respondents whom it is investigating, the status of the investigation, as well as other data or information it may deem necessary to be included; and

(c) Such other report or recommendation which is germane to any provision or purpose of this Executive Order or as may be required by the President.

Sec. 13. Disclosures

The Commission shall not disclose or make public any record or information in connection with any investigation or hearing when such disclosure would deprive the respondent of his right to a fair and impartial adjudication. All disclosure of the Commission relating to an administrative case or complaint shall be balanced, fair, and accurate.

Sec. 14. Continued Performance of PCAGG.

Until the members of the Commission have been duly appointed, the Presidential Commission against Graft and Corruption (PCAGG) shall continue to perform its powers, duties and functions under Executive Orders Nos. 151 and 151-A, both series of 1994, with respect only to cases already pending before it.

Sec. 15. Transfer of PCAGC Officers and Personnel

The officers and personnel of the PCAGC may be transferred and appointed to such positions in the Commission for which they are deemed qualified.

Sec. 16. Transfer of PCAGC Funds, etc.

The funds, records, equipment, furniture’s and other properties of the PCAGC shall be transferred to the Commission.

Sec. 17. Rules and Regulations

The Commission shall promulgate or adopt its rules and regulations for the for the effective implementation of this Executive Order.

Sec. 18. Funding

The Commission shall have a budget of EIGHTEEN MILLION TWO HUNDRED SIXTY THREE THOUSAND PESOS (P18, 263,000.00) drawn against the budget appropriated for the National Anti-Corruption Commission. Any additional funding requirement shall be determined in coordination with the Department of Budget and Management and shall be submitted to the Office of the President for approval.

Sec. 19. Repeal

Executive Order Nos. 151 and 151-A, dated January 11, 1994 and January 24, 1994 respectively, which created the PCAGC, are hereby repealed. Executive Order No. 268, dated July 18, 2000, which created the National Anti-Corruption Commission, is also hereby repealed. All other issuances, orders, rules and regulations, or parts thereof, inconsistent with this Executive Order are hereby repealed or modified accordingly.

Sec. 20. Affectivity

This Executive Order shall take effect immediately upon approval.

Manila, April 16, 2001.

Police Background Check Procedures

Who can apply?

• Subject only.
• Third party representatives and prospective employers cannot apply.

Where?

• Local applicants must apply in person at the National Bureau of Investigations (NBI) Clearance Centre in Manila, regional offices and satellite offices (kiosks for renewals only).
• Overseas applicants must apply through the Philippines embassy in London,
• Filipino nationals can obtain the application form from the embassy, and then posted to the NBI HQ in Manila. Alternatively, they can apply in person at their local NBI office.

What must the applicant supply?

Local applicants:
• Payment of fee prior to obtaining application form
• Bring valid photo ID
• Complete application at NBI office, present to attendant
• Proceed to verification booth, verify name against register
• Photographed after verification and assigned a photograph number
• Fingerprints are then taken and printed on fingerprint card
• Register and a barcode is attached to application form
• Certificate is printed, dried and sealed.
Overseas applicants:
• Completed application form and Fingerprint card (both available at embassy)
• For married women, the order of writing of their name should be: Maiden Surname / Husband’s Surname / First or Given Name / Maternal Surname
• Rolled impression of fingerprints and signature of assisting official (seek advice from embassy)
• 1 Standard passport-sized photograph (2×2 taken against a white background)

• Payment of fee

What are the costs / turnaround times?

Local applicants:
• PHP115 (approx. GBP£ 2.00) paid on request for form at NBI office.
• Turnaround of 30 minutes, providing no held convictions.
Overseas applicants:
• PHP200 paid by money order or bank draft to the Director, National Bureau of Investigation
• Turnaround of up to 20 days.
• No fast-track system available.
• UK applicants posting to Philippines:
• PHP200 (approx. GBP£ 3.00) as well as notarial fee of £18.00.
• Turnaround of up to 20 days.
• No fast-track system available.

Contact Details

Applications should be sent to:
National Bureau of Investigation
NBI Building
Taft Avenue, Ermita
Manila,
Philippines 1000
Tel:(+523) 8231 to 38
Fax: (+523) 7414
The Philippines Embassy, London:
Philippines Embassy
8 Suffolk Street
London SW1 4HG
Tel: (+44)020 7451 1780

Risk

Sovereign risk

The Philippines’ sovereign risk rating of BBB reflects the gradual improvement in the country’s public-debt profile. In 2014 public debt fell to the equivalent of 45.4% of GDP, from 51.5% in 2012. Although the ratio of public debt to GDP is among the highest in Asia, it will continue to decline in 2015-16.

Banking sector risk

The introduction of macroprudential measures, such as the capping of real-estate loans at 60% of their collateral value, will help to temper domestic credit growth in 2015-16. However, the new measure will not remove the downside risk that would be posed by a drop in workers’ remittances, which are the main driver of the country’s investment activity in the property sector. A significant drop in these would see an increase in mortgage defaults.

Political risk

The political environment will see some flux ahead of the 2016 presidential election. The president, Benigno Aquino, has made good progress on his legislative agenda, but his ability to push through further changes will be hindered by pre-election positioning. A deadly clash between Muslim rebels and security forces in January 2015 shows that lasting peace in Mindanao is still a long way off.

Economic structure risk

Earnings repatriated by Filipino workers overseas are equivalent to around 10% of GDP and form an important driver of private consumption. Such inflows are a relatively stable form of income, barring a major downturn in Western labour markets (which is not our central forecast).

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The Government of Canada takes the safety and security of Canadians abroad very seriously and provides credible and timely information in its Travel Advice. In the event of a crisis situation that requires evacuation, the Government of Canada’s policy is to provide safe transportation to the closest safe location. The Government of Canada will assist you in leaving a country or a region as a last resort, when all means of commercial or personal transportation have been exhausted. This service is provided on a cost-recovery basis. Onward travel is at your personal expense. Situations vary from one location to another, and there may be constraints on government resources that will limit the ability of the Government of Canada to provide assistance, particularly in countries or regions where the potential for violent conflict or political instability is high.

Autonomous Region in Muslim Mindanao and vicinity (see Advisory)

There is a serious risk of terrorist attacks and kidnappings in this region. Bombs causing deaths and injuries have exploded in public areas of major centres, including the cities of Cotabato, Cagayan de Oro, Davao, Kidapawan, Zamboanga, General Santos, Jolo and Isabela.

Clashes occur between insurgent groups, and between armed groups and security forces. These incidents often result in deaths and property destruction, and innocent bystanders have occasionally been taken hostage.

Several foreigners have been kidnapped in this region. Threats of abduction of, or violence toward, foreigners continue to occur.

If you are visiting or living in this region despite this Advisory, review your security situation regularly and take appropriate precautions, particularly when visiting places frequented by foreigners.

Terrorism

The threat of terrorist activities exists throughout the country, including in major cities. Bombings, shootings and kidnappings have occurred on public transportation, at airports, in shopping malls and in other public areas. Foreigners and places frequented by foreigners have been targeted. Explosive devices continue to be discovered by security authorities. Expect to be subject to frequent security checks at public and private facilities, including shopping malls and public transportation stations. Be vigilant and comply with all security procedures.

Kidnapping

Be alert to the danger of kidnap-for-ransom, which can occur throughout the country, including in areas frequented by tourists. The threat is particularly high in the Autonomous Region in Muslim Mindanao and surrounding areas (see Advisory). Victims have been held for lengthy periods and some have been killed.

Crime

The possession of guns or other weapons is common. Violent crime such as armed robbery, sexual assault and murder occur, and foreigners are occasionally targeted. Generally, targeted violent incidents increase around election periods.

Petty crime such as pickpocketing and bag snatching also occurs, especially in urban areas. Avoid showing signs of affluence and carrying large sums of money, and keep valuables in safekeeping facilities. Beware of friendly strangers offering to take you around town or on an excursion. Never leave your food or drinks unattended or in the care of strangers. Be wary of accepting snacks, beverages, gum or cigarettes from new acquaintances, as they may contain drugs that could put you at risk of sexual assault and robbery.

Scams

Be wary of a variety of scams involving, for example, money counting (exchange), taxi meters, online romances and email requests for funds. Credit card and bank card fraud is common; pay careful attention when your cards are being handled by others during payment processing. Locals with children may befriend single male tourists and then accuse them of child abuse in order to extort money from them.

Before travelling to the Philippines to visit someone with whom you have developed a romantic relationship, especially on the Internet, find out about the country’s customs and laws on conjugal relations and marriage. Once in the country, ensure that you hold onto your return plane ticket, money and passport.

Report any incident of crime or scams to local police in the jurisdiction where the incident occurred, before you leave the country. See Overseas fraud for more information on scams abroad.

Demonstrations

Avoid protests, demonstrations, political rallies and large gatherings, as they may turn violent without notice. See Laws & culture for more information.

Transportation

Avoid travel outside urban areas and tourist centres after dark.

Driving conditions are poor: roads are crowded and many drivers do not follow safe driving practices. Stay on national highways and paved roads.

Commercial taxis are the most-used form of public transportation by foreigners within cities. Never share taxis with strangers. Incidents of taxi drivers using threats to extort money from passengers have been reported. Arrange to be met at airports, use hotel transportation or use official metered airport taxis.

Exercise caution if using public transportation, including jeepneys, buses and the light rail system, as pick pocketing and armed robberies are frequent. Provincial buses are often overcrowded and poorly maintained, and have been involved in a number of fatal accidents.

Several passenger boats, including ferries, have sunk due to overloading and poor maintenance. Often, there are more passengers than life jackets. Do not board vessels that appear overloaded or unseaworthy.

See Transportation Safety in order to verify if national airlines meet safety standards.

Piracy

Pirate attacks occur in coastal waters and, in some cases, farther out at sea. Mariners should take appropriate precautions. For additional information, consult the Live Piracy Report published by the International Maritime Bureau.

Scuba diving

Diving schools and rescue services may not adhere to Canadian standards. Use only reputable dive companies. Verify with your dive company where the closest decompression chamber is located.

Emergency services

Dial 117.

Annual Cases

Budget Autonomy Yes
Annual Budget of the Agency $22.05 Million
Per Capital Expenditure $(US) 0.22
Expeniture as % of the GDP 0.68 %
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? Yes
Does your country have conflict of interest legislation? Yes
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? The President
Who has the authority to remove the head of the ACA? Fixed Term, only impeachment by the Legislature
Is there any term limit for the head of the ACA? Yes , 7 Year
Does your agency measure performance? Yes
Number of investigations launched
Number of investigations completed
Other, please specify
Conviction rate; big fish successfully prosecuted
Full access to Government Yes

Address Format

RECIPIENT

[BUILDING]
[HOUSE_NUMBER] [STREET_NAME] [DISTRICT_NAME]
[BARANGAY][,] [MUNICIPALITY]
POSTAL_CODE LOCALITY|PROVINCE
PHILIPPINES

Sample

Augusto Contreras
184 Camarin Road
Novaliches North, Las Pinas
1422 METRO MANILA
PHILIPPINES

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2014-08-28 03:00 AM Q2 6.4% 5.6% (R) 6.2% 6.2%
2014-11-27 02:00 AM Q3 5.3% 6.4% 6.6% 6.66%
2015-01-29 02:00 AM Q4 6.9% 5.3% 6.0% 5.16%
2015-05-28 03:00 AM Q1 6.9% 6.27%
2015-08-27 03:00 AM Q2 6.62%
2015-11-26 02:00 AM Q3 6.52%

 

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