Ethics in the Governme nt Service
Feb 10, 2016
Ethics in the
Government
Service
ETHICS the moral principles the moral principles which determine the which determine the
rightness or rightness or wrongness of wrongness of
particular acts or particular acts or activities.activities.
ETHICS is the distinction we make between Right and Wrong,
Good and Evil in relation to actions, intentions or character.
is deciding is deciding what is RIGHT what is RIGHT and doing itand doing it
ETHICSETHICS
ETHICS is equated with: Good Governance: It requires
us to decide what is good.Public Service Ethics:
Requires us to give quality service to the public.
Standards, Rules, Morals - ETHICS is the “science of human duty”.
ETHICS OF GOVERNANCEETHICS OF GOVERNANCEGood Governance is characterized with:Good Governance is characterized with:
AccountabilityAccountabilityTransparencyTransparencyParticipation Participation Non-DiscriminationNon-DiscriminationResponsiveness Responsiveness Poverty AlleviationPoverty Alleviation
ParticipationParticipationRule of LawRule of LawTransparencyTransparencyResponsivenessResponsivenessConsensus OrientationConsensus OrientationEquityEquityEffectiveness and EfficiencyEffectiveness and EfficiencyAccountabilityAccountability
ETHICS OF GOVERNANCEETHICS OF GOVERNANCE(According to UNDP as cited by Cariño)(According to UNDP as cited by Cariño)
Ethical BasesEthical BasesRULES RULES RESULTS RESULTS RELATIONSHIPS RELATIONSHIPS TRADITION TRADITION
RULES as an Ethical RULES as an Ethical BasisBasis
We believe in them as We believe in them as coming by divine revelation.coming by divine revelation. With authority or of our With authority or of our
community.community.
RESULTS as an Ethical RESULTS as an Ethical BasisBasis
The utilitarian principle focuses our The utilitarian principle focuses our attention on results or the attention on results or the consequences of our actions. It has consequences of our actions. It has been expressed traditionally as been expressed traditionally as “Seeking the Greatest Good for the “Seeking the Greatest Good for the Greatest Number”Greatest Number”
RELATIONSHIPS as an RELATIONSHIPS as an Ethical Basis Ethical Basis
Confucius’ “Golden Rule” of caring: Confucius’ “Golden Rule” of caring: “Do not do to others what you “Do not do to others what you
would not have them do to you”.would not have them do to you”.Jesus Christ’s expression of LOVE: Jesus Christ’s expression of LOVE:
“In everything, do to others as you “In everything, do to others as you would have them do to you”.would have them do to you”.
TRADITION as an TRADITION as an Ethical BasisEthical Basis
Traditional EthicsTraditional Ethics – the ethics of – the ethics of earlier generations that is based earlier generations that is based on tradition. It is right to act in on tradition. It is right to act in certain way because that is what it certain way because that is what it has always been done.has always been done.
Section 1, Article XI, 1987 ConstitutionSection 1, Article XI, 1987 Constitution – – Public Public Office is a Public Trust.Office is a Public Trust. Public Officials and Public Officials and employees must at all times serve the people with employees must at all times serve the people with utmost responsibility, integrity, loyalty and utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead efficiency, act with patriotism and justice, and lead modest lives.”modest lives.”
Section 28, Article II, 1987 ConstitutionSection 28, Article II, 1987 Constitution – The State – The State shall maintain honesty and integrity in the public shall maintain honesty and integrity in the public service and take positive and effective measures service and take positive and effective measures against graft and corruption.against graft and corruption.
RULES as an Ethical RULES as an Ethical BasisBasis
RA 3019RA 3019 ““Anti-Graft and Corrupt Anti-Graft and Corrupt
Practices Act”Practices Act” (Anti-Graft Law) (Anti-Graft Law) enacted in 1861enacted in 1861
RULES as an Ethical RULES as an Ethical BasisBasis
Graft is defined as “the acquisition of gain or advantage by dishonest, unfair or sordid means,
especially through the use of one’s position or influence in politics,
business, etc.”(People vs. Bernales, September 3, 1968)
Graft and corruption is an act or omission involving breach of the rules of decency, honesty and efficiency, for the purpose of obtaining undue advantage at the expense of the government-owned resources. In our legal system, graft and corruption is basically a crime.
BALDRIAS, Napoleon S. “The LegalImplications of Graft and Corruption”
Corruption is “an act done with an intent to give some advantage inconsistent with official duty and the rights of others. It includes bribery, but it is more comprehensive, because an act may be corruptly done through the advantage to be delivered from it be not offered by another.” (Magallanes vs. Provincial Board, 66 O.G. 7839)
Corruption is the perversion or destruction of integrity of fidelity in discharging public duties and responsibilities by bribery or favor. It entails the use of public power for private advantage in ways which transgresses some formal rule of law. (Tendero)
RA 6713RA 6713 ““Code of Conduct and Ethical Code of Conduct and Ethical
Standards for Public Officials and Standards for Public Officials and Employees”Employees”
signed into law by signed into law by then President Corazon C. Aquino then President Corazon C. Aquino
on February 20, 1989on February 20, 1989
RULES as an Ethical RULES as an Ethical BasisBasis
RA 6713Rule X. Grounds For Administrative
Disciplinary ActionDirectly or indirectly having financial and material interest in any transaction requiring the approval of his office.
RA 6713Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or licensed by his office, unless expressly allowed by law.
RA 6713Engaging in the private practice of his profession unless authorized by the Constitution, law or regulation, provided that such practice will not conflict or tend to conflict with his officials functions.
RA 6713Recommending any person to any position in a private enterprise which has a regular or pending official transaction with his office.
RA 6713Soliciting or accepting, directly or
indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value which in the course of his official duties or in connection with any operation being regulated by, or any transaction which may be affected by the function of his office.
RA 6713
Unfair discrimination in rendering public service due to party affiliation.
RA 6713Disloyalty to the Republic of the Philippines and to the Filipino people.
Failure to act promptly on letters and requests within 15 working days from receipt, except as otherwise provided in these Rules.
Failure to attend to anyone who wants to avail himself of the services of the office or to act promptly and expeditiously on public personal transactions.
Failure to file sworn statements of assets, liabilities and networth, and disclosure of business interests and financial connections.
RA 6713
RA 9485RA 9485 ““Anti-Red Tape Act of 2007”Anti-Red Tape Act of 2007”
signed into law by signed into law by Pres. Gloria Macapagal-Arroyo Pres. Gloria Macapagal-Arroyo
on June 02, 2007on June 02, 2007
RULES as an Ethical RULES as an Ethical BasisBasis
ViolationsViolationsRefusal to accept application and/or request Refusal to accept application and/or request
within the prescribed period or any within the prescribed period or any document being submitted by a client.document being submitted by a client.
Failure to act on an application and/or Failure to act on an application and/or request or failure to refer back to the client request or failure to refer back to the client a request which cannot be acted upon due a request which cannot be acted upon due to lack of requirement/s within the to lack of requirement/s within the prescribed period.prescribed period.
Failure to attend to clients who are Failure to attend to clients who are within the premises of the office or within the premises of the office or agency concerned prior to the end of agency concerned prior to the end of official working hours and during lunch official working hours and during lunch break.break.
Failure to render frontline services Failure to render frontline services within the prescribed period on any within the prescribed period on any application and/or request without due application and/or request without due cause.cause.
ViolationsViolations
Failure to give the client a written notice Failure to give the client a written notice on the disapproval of an application or on the disapproval of an application or requests.requests.
Imposition of additional irrelevant Imposition of additional irrelevant requirements other listed in the first requirements other listed in the first notice.notice.
ViolationsViolations
Grave OffenseGrave OffenseFixing and/or collusion with fixers in Fixing and/or collusion with fixers in
consideration of economic and/or other consideration of economic and/or other gain or advantage.gain or advantage.
ViolationsViolations
Rule X. Grounds For Administrative Disciplinary Action Directly or indirectly having financial and material
interest in any transaction requiring the approval of his office.
RED TAPERED TAPEInaction/No ActionInaction/No ActionSlow ActionSlow ActionInappropriate/Wrong Inappropriate/Wrong
ActionActionInadequate/Insufficient Inadequate/Insufficient
ActionAction
RED TAPERED TAPEServices that are:Services that are:
Not deliveredNot deliveredMis deliveredMis deliveredUnder deliveredUnder deliveredPoorly deliveredPoorly delivered
UNLAWFUL ACTSUNLAWFUL ACTSRA 3019RA 3019
Graft and CorruptionGraft and CorruptionMalversationMalversation
RA 6713RA 6713Pecuniary interestPecuniary interestConflict of interestConflict of interestNepotismNepotism
Graft and Corruption
Dishonesty Falsification of Documents Misconduct Conduct Prejudicial to the Best Interest of the Service
Violations of the Code of Conduct
Criminal Administrative
Administrative
Administrative
Sandiganbayan PAGC Ombudsman
Ombudsman Civil Service Commission Concerned Agency
Ombudsman Civil Service Commission
Violations of the Anti-Red Tape Act
Criminal Administrative
Ombudsman Civil Service Commission
NATURE OF OFFENSEOFFENSES JURISDICTION
Not all things that are Legal are Moral !
UNETHICAL BEHAVIOR UNETHICAL BEHAVIOR is not necessarily is not necessarily
illegal but illegal but nevertheless is nevertheless is
contrary to what is contrary to what is RIGHT and doing RIGHT and doing WHAT WHAT
IS NOT RIGHTIS NOT RIGHT
•Disservice to the Government and the People
•Bad Image of the Government
Unethical Behavior
•Yields Adverse Results•Violates the Norms of
Relationships and Traditions
DI BAWAL, DI BAWAL, PERO DI DAPAT !PERO DI DAPAT !
DI BAWAL, PERO DI DI BAWAL, PERO DI DAPATDAPAT
PADRINO SYSTEM
DI BAWAL , PERO DI DI BAWAL , PERO DI DAPATDAPAT
KAMAG-ANAK SYSTEM
WASTAGE OF OFFICE SUPPLIES AND
EQUIPMENT
DI BAWAL, PERO DI DAPATDI BAWAL, PERO DI DAPAT
DI BAWAL, PERO DI DI BAWAL, PERO DI DAPATDAPAT
Engaging in group discussion while clients are kept
waiting
DI BAWAL, PERO DI DI BAWAL, PERO DI DAPATDAPAT
Telebabad
DI BAWAL , PERO DI DI BAWAL , PERO DI DAPATDAPAT
Too Much Texting
During Office Hours
Reading newspaper
during office hours
DI BAWAL, PERO DI DI BAWAL, PERO DI DAPATDAPAT
DI BAWAL, PERO DI DI BAWAL, PERO DI DAPATDAPAT
LOAFING
Improper or Inappropriat
e Attire
DI BAWAL, PERO DI DI BAWAL, PERO DI DAPATDAPAT
CLOCK-WATCHING
DI BAWAL, PERO DI DI BAWAL, PERO DI DAPATDAPAT
EXTENDED
BREAK
DI BAWAL, PERO DI DAPAT
GOING OUT OF THE OFFICE
WITHOUT PERMISSION
DI BAWAL, PERO DI DI BAWAL, PERO DI DAPATDAPAT
Graft andCorruption
Dishonesty Falsification of DocumentsMisconductConduct Prejudicial to the Best Interest of the Service
Violations of the Code of Conduct
Violations of the Anti-Red Tape Act
Wide gap between rich and poor People’s needs are denied Loss of Peoples’ Trust Bad Image of the Government
Disservice to the Government and the People Loss of Peoples’ Trust Bad Image of the Government
Violations/Offenses Result/Effect
DEHUMANI
ZING
SITUA
TIONS
Outcome
UnethicalBehavior
Dehumanizing Situations
StructureStructuress
EconomicEconomic
PoliticalPolitical
Socio-Socio-CulturalCultural
Commerce w/out morality
Politics w/out principle Knowledge w/out character
Worship w/out sacrifice Culture w/out spirit
Wealth w/out work
Leisure w/out conscience
Science w/out humanity
Dehumanizing Situations
Rob a person of his/her dignity. Diminish his/her worth as a person.
Destroy his/her total being.
It’s the CHOICES that make us who we are. And we can always choose to
do what’s right.- Peter Parker
“Spiderman 3”
Every officials of the government, even the most modest, has a job to
perform and is as much in duty bound to perform that job well as
those occupying higher positions. In our effort to give the people the best government that there is, we have to have everybody do his job, including the Clerk, the policeman – everybody
in the service. Everyone of them should do his best because a
government cannot be a government of higher officials only.Pres. Manuel L. Quezon