Ethics in Government and Understanding Sexual Harassment By: Atty. Efren P. Martinez Head Revenue Executive Assistant (HREA) Internal Affairs Service II. Ethics in general – its meaning and application Meaning • investigates morality of human conduct to ensure adherence with the accepted norms or standard of behaviour. • it is concerned with the righteousness or wrong doings of any individual manifested by his actions and this is called morality. • thus, ethics and morality have the same application and meaning. Application • if applied, anything that is right or wrong, in knowing whether our action is moral or ethical, shall depend on a particular motive, the circumstances or the nature of the act itself (MCN) e.g. kindness • it means, it is not only knowing what is right (morally upright), its is also in doing it (action). • ethical or Moral principles = (individual goodness + action). • in essence, ethics and morality deal with the completeness of human self (selfrespect) and concreteness of human life (moral regard for the value of others. Simply stated, it is the process of acknowledging one’s responsibility towards fellow workers. When applied to government service, it seeks to achieve the core value, norms, principles as part of a human discipline. It prescribes rules for human conduct bearing in mind our roles and responsibilities as public servants. 2 II. Its Basis – Republic Act No. 6713 - also known as the “Code of Conduct and Ethical Standards for Public Officials and Employees - Approved on February 20, 1989 by then President Corazon C. Aquino 3 R.A. 6713 was a product of People Power. It ushered in a clamor for the restoration of clean and honest government. It was also the time when Tita Cory was catapulted to the Presidency who carried her fight by restoring Democracy in the country and advocating greater transparency and accountability in public service. 4 Declaration Of Policy Public office is a public trust. It is the policy of the State to promote a high standard of ethics in public service. Public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence and loyalty; act with patriotism and justice; lead modest lives; and uphold public interest over personal interest. (Section 2, RA No. 6713, Code of Conduct and Ethical Standards for Public Officials and Employees and Article XI, Section 1, 1987 Constitution). Declaration of Policy - it encompasses the ethical norm/standard on how accountability in the service shall be measured. 6 DECLARATION OF POLICY (NSO) Nature of Public Office - Public office is a public trust. • State’s Policy in relation to the declaration of policy - promote a high standard of ethics in public service. • Oath of one’s office (AULD) - Act with patriotism and justice; - Uphold public interest over personal interest. - Lead modest lives; and - Discharge one’s duties with utmost responsibility, integrity, competence and loyalty; • 7 Observance of Principles and Norms of Conduct for Government Officials and Employees • Observance of fairness - by respecting the rights of others and act with courtesy, consideration, sensitivity, fairness and equity; • Avoiding wastage of public funds and revenues - by using all government resources and facilities efficiently, honestly and economically to avoid wastage of public funds and revenues; • Desisting from taking advantage of one’s official duty - by not obtaining personal gain or for any other person; • Desisting undue favors on account of one’s office - by abstaining favors to family or relatives • Maintaining Principle of Accountability - by committing to the democratic way of life and values, • Upholding the Constitution and laws of the Republic of the Philippines - by putting loyalty to country above persons or party; • Upholding Public Interest – by upholding public interest over and above personal interest. • Utmost dedication to duty - by performing one’s duties with utmost dedication to duty with the highest degree of integrity, honesty, excellence, professionalism. 8 III – Rights of Public Officials and Employees • These are rights commonly enjoyed • Prescribed by the Constitution, existing laws, Rules and Regulations • Granting incentives and rewards for exemplary service 9 IV. Responsibilities and Obligations of Public Officials and Employees • Objective: to ensure public accountability, attain high standard of morality, honesty, decency and good governance. RESPONSIBILITY TO THE AGENCY • Support and Loyalty to the Agency (Rendering One’s Service With Utmost Dedication) - Upholding and abiding by one’s Oath of Office including provisions on loyalty and prohibition against strikes. - As a manifestation of national unity and patriotism and love of country, attendance at the Flag Ceremony every Monday is mandatory. Failure to attend the Flag Ceremony for two (2) consecutive times in a month and without justifiable cause is an administrative offense. 10 • Enforcement of Policies and Programs -responsibility for implementing policies and programs promptly, conscientiously, efficiently and effectively. - responsibility in assisting in attaining its goals and objectives . - is expected to know relevant policies, regulations, orders and other similar programs. • RESPONSIBILITY AS HEAD OF OFFICE - full responsibility for one’s decisions and actions. - be held liable for any act, conduct and/or behavior of those under one’s respective jurisdiction, if proven to have knowledge of or ought to have known such act. - responsible for enhancing the efficiency of all personnel. - reporting in writing to the proper authorities any knowledge of any incidence of neglect of duty, incompetence or malfeasance - ensuring faithful compliance of all pertinent issuances affecting the enforcement. of laws and its implementing rules. • Quality of a Good and Responsible Leader - Practice and advocate the qualities of a good and responsible leader. - Serve as role model of the office/unit that he/she represents. - Influence, inspire and empower his/her subordinates and co-workers in promoting and supporting the required norms, values, conduct and behavior. 11 • Accountability for Government Money and Property - any money, property or other thing of value received by, or coming into, his/her custody. - prohibition from using government time, property and/or facilities, including equipment and supplies, for conducting personal business or for unauthorized purposes. - liability for damage and/or loss of government/BIR property resulting from his/her negligence and/or the unauthorized use of such property. - Only authorized Officials and Employees are allowed the use of Government/BIR-owned or leased motor vehicles for official purpose only. - maintaining the integrity and security of all official documents or information under his/her responsibility and custody. - be responsible in protecting and conserving the Information and Communication Technology (ICT) resources and be responsible for observing all established policies, procedures and requirements in the ICT environment. 12 - Records and documents that form part of official files are held under strict confidentiality. In case of loss and/or damage thereof, due and prompt reporting of the same must be made in accordance with the prescribed rules and guidelines. Upon transfer of assignment, resignation, retirement or separation from the revenue service. • Turn- over of Government Money and Property In case of transfer, resignation or separation from the service. 13 RESPONSIBILITY TO THE PUBLIC Guiding principle: Service Excellence with Integrity and Professionalism (with equity, promptness and efficiency) - Performance of High Quality Service • Demonstration of Integrity - bearing in mind the Oath of Office - by upholding dignity, fairness and honesty - by not allowing to undue pressure and influence to affect one’s decisions or orders. • Proper Exercise of Discretionary Powers - Established rules and procedures should be observed - by assuring the paramount interest of the agency over and above personal interest. • Maintenance of Good Public Relations - Courtesy, Fairness and Impartiality 14 • Prohibition Against Conflict of Interest and Partiality - A. ● Conflict of interest arises: When one is: 1. a substantial stockholder; or 2. a member of the Board of Directors; or 3. an officer of the corporation; or 4. an owner or has substantial interest in a business; or 5. a partner in a partnership; and One’s interests are opposed to or affected vis-à-vis the faithful performance of one’s official duty. - ● Requirement for Validity of Divestment of Interest (1) Resignation from one’s position in any private business enterprise within thirty (30) days from one’s assumption of office and/or within sixty (60) days from becoming a shareholder or holder of rights thereof. 15 ● Prohibited Acts Constituting Conflict of Interest and Partiality The following are the prohibited acts and transactions: 1. Employment of a member of one’s family in a private enterprise which has a pending official business with him/her or within one year after its termination; 2. Financial or pecuniary interest in any business, contract or transaction when one intervenes or takes part in one’s official capacity. 3. Requesting or receiving any present, gift or material or pecuniary advantage on account of private individual’s family or close personal relation/association. 4. Entering into, on behalf of the agency, any contract or transaction manifestly and grossly disadvantageous to said agency, whether or not one has profited or will profit thereby; 16 5. Neglecting or refusing to act within a reasonable time on any matter pending before him/her for the purpose of obtaining, directly or indirectly, some pecuniary or material benefit or advantage. 6. Privilege or benefit in favor of any person not qualified for or not legally entitled to such registration, award. 7. Material interest in any transaction, where one is a member, and for which one exercises discretion in the approval thereof. 17 - B. ● Prohibition Against Financial and Material Transactions shall not, directly or indirectly, engage in any financial or material dealings or transactions where the approval/clearance of the agency is required, i.e. in any bidding or sale of Government property under the direct control or supervision of the Government. - C. Prohibition Against Outside Employment and when Allowed Employment is a full-time capacity and it shall constitute as one’s sole employment, exception; if approved by the heads of office and will not run in conflict with one’s official duty and/or likely to affect or compromise one’s performance. 18 Outside employment may be allowed if the following conditions are present: 1. It shall not be performed during regular working hours; 2. It must be in line with one’s profession; 3. Authority to practice one’s profession outside of employment shall not cover private practice, except for duly licensed instructor, professor, lecturer, resource person, or notary public, 4. It is prohibited to disclose or make known confidential information obtained in the course of one’s employment. 19 • Non-Disclosure of Documents and Confidential Information to the Public and When Allowed — A. Illegal or Unauthorized Disclosure/Divulgence of Official or Confidential Information • Non-disclosure of any official information or document, nor divulge any information or document, obtained by one in the discharge of official function, other than those as allowed by law or authorized by proper authority which is a prohibited act — B. Prompt Reply to Official Communications • reply to letters, telegrams, telefax, e-mail, text message and other available means of communications, within fifteen (15) working days from their receipt • It shall embody the action taken thereon 20 RESPONSIBILITY IN THE WORKPLACE Objective: to attain a good working environment that encourage courtesy and respect for one another • Demonstration of Leadership - be a role model of the office/unit that one represents. - Respect individual differences by influencing, inspiring and empowering others in promoting and supporting the required norms, values, conduct and behavior. Observance of Equity, Courtesy and Respect Towards Colleagues in the BIR The following rules shall be strictly observed: 1. The right to be treated with fairness and equity by not tolerating discrimination on grounds of regional/cultural diversity, gender, gender preference, age, civil status, pregnancy, parenthood, religious belief or activity, physical disability, political opinion, and such similar belief or social political, religious and cultural preference and practice. 21 • Contribution Required for the Attainment of Office Goals - necessary synergy and innovativeness as a way of making known one’s active involvement. - active participation with one’s colleagues especially in the disposition of a task or mission for good governance. - Commitment of oneself in order to come up with new ideas, information and skills aimed at improving the delivery of revenue service. Observance of Proper Office Attire or Uniform - to be identified by the public. - wearing of prescribed uniform is mandated, - in compliance with the Civil Service Memorandum Circulars and policies and rules. 22 • Use and Wearing of Identification Cards - upon entering and while being present within the agency’s premises. - It shall not be used to take advantage through the privilege, favor or rewards that might be derived therefrom. • Punctuality, Observance of Required Office Hours, Habitual Tardiness and Frequent Unauthorized Absences in reporting for Duty - Punctuality is required as a way of manifesting one’s physical presence in the office at all times. - Eight (8) hours of work a day, from eight o’clock in the morning (8:00 AM) to five o’clock in the afternoon (5:00 PM), exclusive of the time allotted for lunch period and coffee break, for five (5) days a week or for a total of forty (40) hours a week. - The working schedules adopted for offices rendering front line services must be observed to ensure that all stakeholders who are within the premises prior to the end following official working hours are attended to and served even during lunch break and after regular working hours. 23 PERSONAL BEHAVIOR Objective: to uphold trust and confidence in one’s dealings with the public or colleagues • Maintenance of Public Trust and Confidence (Observance of the highest degree) - Safeguarding the standard of public confidence and integrity. - Quality of behavior. - Tarnishing one’s image and the image of the agency must be avoided i.e. getting into trouble or engaging in activities. • Modest and Simple Living (NEW) - appropriate to one’s earning capacity, station in life and/or position in the BIR. - not indulge in extravagant or ostentatious display of wealth in any manner or under any circumstance. 24 • Prohibition Against Engaging in Illegal Gambling and Betting - Purpose: to uphold the time-honored principle that every public servant must live modest lives and maintain the highest degree of integrity and public service. - Gambling within the premises or during office hours shall not be allowed. - Entering in casinos, cockpits, racing parks and other gambling houses, - Exception when required - under a mission order, or - by the nature of one’s task, or - if one is assigned as undercover agent for a specified purpose and duration, 25 • Prohibition Against the Use of Intoxicants or Prohibited Drugs - During office hours, or while being present within the working premises - Exception: -when required by the nature of one’s function, or pursuant to a duly issued mission order and specified purpose and duration. - if there is a duly approved prescription from a licensed physician and the same. - must not affect work performance and the matter should be brought to the attention of the supervisor to address the problem. • Observance of No-Smoking Rule - Promotion of a healthy lifestyle. - Attain a smoke-free environment and good working condition. 26 • Making Oneself Visible in Nightclubs, Bars and Other Places of Entertainment By Indulging In Lavish Spending - Leading simple and modest life. - prohibition - where one will indulge in lavish spending. - exception: on official mission for special purpose and specified duration or as undercover agent with a duly issued mission order. • Prohibited Association with Disreputable Persons - Purpose: to erase any compromise that should destroy the BIR or one’s character, reputation or integrity. - association with the persons or groups with known bad records and/or persons r group engaged in illegal, immoral or reprehensible activities or behavior. 27 V – REMOVAL FOR CAUSE, CLASSIFICATION OF OFFENSES AS PRESCRIBED UNDER EXISTING CIVIL SERVICE COMMISSION RULES • Removal for Cause - One shall not be removed or suspended except for cause as provided by law. • Classification of Offenses - Administrative offenses with corresponding penalties are classified into grave, less grave or light, depending on their gravity or depravity and effects on the government service as prescribed under existing Civil Service Commission Rules and Regulations. 28 DISCIPLINARY ACTION • Nature: Disciplinary action deals with Administrative discipline. It’s an aspect of administrative law concerning administrative infractions or grounds for disciplinary actions, administrative penalties and administrative disciplinary procedures. • Object: When an officer or employee is disciplined, the object sought is not the punishment of such officer of employee but the improvement of the public service and preservation of the public’s faith and confidence in government. (CSC vs. Cortes, 430 SCRA593). 29 JURISDICTION OF BODIES DISPENSING ADMINISTRATIVE JUSTICE Civil Service Commission Office of the Ombudsman Office of the Deputy Executive Secretary for Legal Affairs, ODESLA (formerly: PAGC) First Level Employees (SGS 3-9) (Head of Agency has concurrent jurisdiction) , when they are in collusion w/ any covered presidential appointee Second Level Employees and Third Level NonPresidential Appointment (SG 10-25) (Head of Agency has concurrent jurisdiction) , when they are in collusion w/ any covered presidential appointee Third Level (presidential appointees) SGS26-30) 30 • CONCURRENT JURISDICTION i. Once a complainant is filled with any of the disciplining authority, the latter shall acquire exclusive original jurisdiction over the case although another disciplining authority has concurrent jurisdiction. (Quimbao vs. CA, 454 SCRA 17). ii. The power to remove is in inherent in the power to appoint (CSC Resolution No. 07-0453). 31 NON-DISCIPLINARY ACTION • Nature: Non-Disciplinary Action does not involve administrative discipline. • Object: To strengthen organization framework thereby ensuring efficient and effective delivery of services to the public. • Dropping from the rolls (Sec 19, Revised Rules on Administrative Cases in the Civil Service, RRACS). - grounds and procedure for dropping from the rolls i. habitually absent Continuously absent without official leave (AWOL) 1. for at least thirty (30) working days. 2. dropped from the rolls without prior notice. 3. be informed of his/her separation not later than five (5) days from its effectivity. If the number of unauthorized absences incurred is less than thirty (30) days, 1. a written Return-to-Work order shall be served. 2. Failure on his/her part to report to work within the period stated in the order shall be a valid ground to drop him/her from the rolls. 32 ii. have unsatisfactory or poor performance Two (2) consecutive unsatisfactory ratings or For one evaluation period is rated poor in performance. iii. have shown to be physically and mentally unfit to perform their duties. Continuously absent for more than one (1) year by reason of illness may be declared physically unfit to perform his/her duties. Intermittently absent by reason of illness for at least two hundred sixty (260) working days during a twenty four (24) –month. Behaving abnormally and manifest continuing mental disorder and incapacity to work as reported by his/her co-workers or immediate supervisor and confirmed by a competent physician. 33 B. Understanding Sexual Harassment (RA 7877) a. Acts penalized. punishes sexual harassment if the same is: 1. Work-related; or 2. Education-related; or 3. Training-related. b. Who may be liable for sexual harassment? may be committed by the following persons: 1. In work-related environment – by any employer, employee, manager, supervisor or agent of the employer; 2. In education-related environment – by any teacher, instructor or professor; 3. In training-related environment – by any coach or trainor; 4. By any other person who , having authority, influence or moral ascendency over another in work or training or education environment, demands, requests or otherwise requires any sexual favor from another, 5. By any person who directs or induces another to commit any act of sexual harassment or who cooperates in the commission thereof by another .+without which it would not have been committed. 34 c. Sexual harassment in a work-related or employment environment is committed when: 1. The sexual favor is made a condition in the hiring or in the employment, re-employment or continued employment of said individual or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; 2. The above acts would impair the employee’s rights or privileges under existing labor laws; or 3. The above acts would result in an intimidating, hostile, or offensive environment for the employee. 35 d. Sexual Harassment in and education or training environment. In an education or training environment, sexual harassment is committed: 1. Against one who is under the care, custody or supervision of the offender; 2. Against one whose education, training apprenticeship or tutorship is entrusted to the offender; 3. When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or 4. when the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. e. The charge for sexual harassment should be substantiated by the complaint employee. 36 f. Duty of the employer or head of office. Prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall: 1. Promulgate appropriate rules and regulations by prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefore. 2. Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings or conduct the investigation of alleged cases constituting sexual harassment. 37 In the case of work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank-and-file employees. g. Solidary liability for damages of employer or head of office. Arising from the acts of sexual harassment committed in the employment and no immediate action is taken thereon. 38 h. Victim’s right to institute separate action for damages. Is not precluded from instituting a separate and independent action for damages and other affirmative reliefs. i. Penalties; imprisonment and fine. By imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than ten thousand pesos (₱10, 000.00) nor more than twenty thousand pesos (₱20, 000.00) or both such fine and imprisonment at the discretion of the court. j. Prescription of action. Any action arising from sexual harassment shall prescribe in three (3) years. k. Delay in filing the case for sexual harassment. According to Libres v. NLRC, [G.R. N. 123737, May 28, 1999], delay of one (1) year in instituting the complaint for sexual harassment is not an indicium of afterthought. The delay could be expected since the respondent was the subordinate’s immediate superior. Fear of retaliation and backlash, not to forget the social humiliation 39 and embarrassment that victims of this human frailty usually suffer, are all realities that the subordinate had to contend with. In the case of, Digitel Telecommunications Philippines, Inc. v. Soriano, [G.R. No. 166039, June 26, 2006], Court, ruled that there is, strictly speaking , no fixed period within which an alleged victim of sexual harassment may file a complaint, but it does not mean that she or he is at liberty to file one anytime she or he wants to. Surely, any delay in filing a complaint must be justifiable or reasonable so as not to cast doubt on its merits. 40 Specific Acts Penalized may be classified as: Grave Offenses shall include: - Unwanted touching of private parts of the body (genitalia, buttocks and breasts); - Sexual assault; - Malicious touching; - Requests for sexual favors in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignments, a passing performance grade / rating, the grant of honors or scholarships, or the grant of benefits or payment of a stipend or allowance; and, - Other analogous cases. Less Grave Offense shall include: - Unwanted touching or brushing against the victim’s body; Pinching, in a manner that does not fall under the classification of Sexual Harassment as a Grave Offense; - Derogatory or degrading remarks or innuendoes directed toward the members of a particular sex, or of a specific sexual orientation, or used to describe a certain individual; - Persistent unwanted attentions with sexual overtones; - Verbal abuse or threats with sexual overtones; and, - Other analogous cases. 41 Light Offense shall include: - Surreptitiously looking, or stealing a look, at a person’s private parts or undergarments; - Telling sexist / indecent jokes, or sending the same through texts, electronic mail or other similar means of communication, thereby causing embarrassment or offense, and carried out even after the offender has been warned that they are being offensive or embarrassing; or even without such admonition, when the offender is, by nature, being clearly embarrassing, offensive or vulgar; - Malicious leering or ogling / staring; - The display of sexually-offensive photographs, materials, or graffiti; - Unwelcome inquiries or comments about a person’s sex life; - Unwelcome sexual flirtation, advances and/or propositions; - Making offensive hand or body gestures towards an individual; - Unwelcome telephone / mobile phone calls with sexual overtones that cause discomfort, embarrassment, offense or insult to the recipient; and, - Other analogous cases. 42 THANK YOU AND GOD BLESS 43