CODE OF CONDUCT AND ETHICAL STANDARDS OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR)
provides that “Public off ice is a public trust. Public officers and
employees must at all times be accountable to the people, serve them
with utmost responsibility, integrity, loyalty, and efficiency, act with
patriotism and justice, and lead modest lives”;
WHEREAS, Section 7, Chapter II, Book IV of Executive Order No. 292,
otherwise known as the “Administrative Code of 1987” empowers the
Secretary to promulgate administrative issuances necessary for the
efficient administration of the DENR;
WHEREAS, Section 13 of Republic Act No. 6713, otherwise known as the
“Code of Conduct and Ethical Standards for Public Officials and
Employees” provides that no thing in said Act shall be construed 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;
WHEREAS, the Cabinet in coordination with the Presidential Anti-Graft
Commission (PAGC) adopted a national anti-corruption framework known
as Integrity Development Action Plan (IDAP) on 17 December 2004;
WHEREAS, on 15 April 2005, the DENR submitted its agency-specific IDAP commitments to the PAGC;
WHEREAS, one of the DENR’s IDAP commitments is the formulation of the Code of Conduct and Ethical Standards;
WHEREAS, Republic Act No. 9485, otherwise known as the “Anti-Red Tape
Act of 2007” provides that the State shall maintain honesty and
responsibility among its public officials and employees. It shall take
appropriate measures to promote transparency in each agency with regard
to the manner of transacting with the public, which shall encompass a
program for the adoption of simplified procedures that will reduce red
tape and expedite transaction in government; and
NOW, THEREFORE, the DENR hereby promulgates this Code of Conduct and Ethical Standards, to wit;
GENERAL PROVISIONS
SECTION 1. Title. This Code shall be known as the “Code
of Conduct and Ethical Standards of the Department of Environment and
Natural Resources”.SECTION 2. Objectives. The following are the objectives of this Code of Conduct and Ethical Standards:
a. To serve as a tool to attain the DENR vision, mission and the core values;
b. To provide employees with guidance in ethically ambiguous
situations in the performance of their duties and responsibilities;c. To sharpen the DENR criteria and standards for public service accountability and good governance;
d. To serve as guidepost in clarifying desirable and undesirable governance;
e. To provide protection for employees against arbitrary or unethical behavior of superior officials;
f. To develop and maintain public trust, transparency and integrity in the performance of official duties and functions;
g. To help promote professionalism and standards of excellence in public service;
h. To impress upon employees the standards of behavior required of them in the performance of their duties; and
i. To provide a detailed set of rules and guidelines for all
officials and employees to meet the highest standard of integrity in
public service.SECTION 3. DENR Vision and Mission.
VISION: A nation enjoying and sustaining its natural resources and a clean and healthy environment.
MISSION: The DENR shall be the driving force in
the pursuit of sustainable development, enabling stakeholders’
participation in the protection, conservation and management of the
environment and natural resources for the present and future
generations.SECTION 4. Core Values. Towards the attainment of the DENR Vision and Mission, the following Core Values shall be upheld:
a. The environment and natural resources are critical to the
well-being of Filipinos and the development of the country, and must
therefore be governed with a deep sense of responsibility and
accountability.b. As conservator and manager of the environment and natural
resources, the DENR shall fully observe integrity, accountability and
transparency in its programs and projects.c. The DENR shall ensure e ffective and efficient delivery of its services.
d. DENR officials and employees shall lead simple and modest
lives, observe low carbon lifestyles, and cultivate sincere appreciation
for natural ecosystems appropriate for stewards of the country’s
environment and natural resources.e. DENR officials and employees shall observe professionalism
and organizational discipline pursuant to laws and regulations and this
Code.f. Due diligence shall be observed in the making of decisions or actions and their implementation.
g. All officials and employees of the DENR shall always promote nationalism, patriotism and the sovereignty of the Philippines.
h. Improve the management of environment and natural resources in
accordance with the Constitution in partnership with stakeholders.SECTION 5. Scope and Applicability. This Code shall apply
to all officials and employees regardless of employment status within
the DENR and its attached agencies, including those on leave and those
classified as contractual regardless of any stipulation of the absence
of an employer-employee relationship with the DENR (e.g. Job Order or
Contract of Service).This Code shall complement the provisions of Executive Order No.
292, otherwise known as the “Administrative Code of 1987”, Republic Act
No. 6713 otherwise known as the “Code of Conduct and Ethical Standards
for Public Officials and Employees”, its Implementing Rules and
Regulations, and issuances of the Civil Service Commission and other
relevant and related laws.Former officials and employees shall within one (1) year from
separation be prohibited from transacting with their former offices and
subordinates. Rendition of consultancy services to former offices shall
not be considered as transacting with said offices. Provided that those
that have compulsorily retired may not be hired as consultants.Agency-Specific Ethical Obligations and Standards
Rule 1. RESPECT FOR THE CONSTITUTION, LAWS, ORDERS AND PROCEDURES.
1.1 Officials and employees shall faithfully implement Environment and Natural Resources (ENR) laws, rules and regulations.
1.2 Officials and employees shall comply with lawful and reasonable directions from superiors.
1.3 Officials and employees shall exercise their powers and
duties lawfully and responsibly and at all times provide information and
assistance to the public in accordance with law.1.4 Constructive feedback mechanisms shall be encouraged in carrying out the vision and mission of the DENR.
1.5 Officials and employees must actively prevent abusive and
demeaning conduct, discrimination (as to gender, ethnicity, age,
disability, status and religion) sexual harassment and the like,
committed by co-officials and co-employees, otherwise they shall be
punished in accordance with existing and applicable laws, rules and
regulations.1.6 Management shall ensure that all employees have a safe and
sanitary work place with appropriate space, ventilation and lighting,
otherwise they shall be subject to grievance procedure.1.7 Proper office decorum shall be observed, including proper
wearing of uniform and ID, otherwise erring official or employee shall
be dealt accordingly.1.8 Officials and employees shall actively implement the DENR
Citizen’s Charter for efficient, responsive and satisfactory delivery
of frontline services.Rule 2. INTEGRITY. All DENR officials and
employees shall avoid any conduct that would cause breach of the public
trust and confidence. Any conflict that may arise between personal
interest and public interest must be resolved in favor of the latter.2.1 Officials and supervisors shall treat customers,
stakeholders, co-employees and officials with utmost honesty,
impartiality and fairness, and respect their rights and obligations.2.2 Officials and supervisors shall be fair and reasonable in making decisions and in giving directions to subordinates.
2.3 Officials and employees shall notify or disclose to the
appropriate authority violations of law and breaches of ethical
standards.2.4 Officials and employees shall demonstrate good leadership and promote behavior consistent with this Code.
2.5 Officials and supervisors shall acknowledge the good work of
subordinates, delegate authority with prudence and encourage
professional development.2.6 Employees shall be represented in the selection and
recruitment process. The merit promotion plan of the DENR shall be
observed to strengthen professionalism. The appointing authority shall
give regard to the recommendation of the Personnel Selection Board
(PSB).Rule 3. CONFLICT OF INTEREST. Conflict of interest
arises when a public official or employee or a relative within the 4th
civil degree of consanguinity or affinity of the owner of a business,
partner in a firm, member of a board, an officer or a substantial
stockholder of a private corporation who transact business with the DENR
or applies for a license or permit. All DENR officials and employees
shall avoid conflict of interest in the performance of their duties and
functions.3.1 Upon assumption into office or acceptance of employment or
engagement in the DENR, and everytime it becomes necessary, officials
and employees shall identify, declare areas of conflict of interest, and
resolve such conflict in favor of the government.3.2 Officials and employees as defined in Section 5 hereof shall
disclose their business and financial interests in their Annual
Statement of Assets, Liabilities and Net worth (SALN) and everytime it
becomes necessary.3.3 The practice of profession shall not be allowed unless
authorized in writing by the proper authority and shall not be in
conflict with one’s functions in the DENR.3.4 Violations of this Rule shall be published in accordance with existing and applicable laws, rules and regulations.
Rule 4. RECEIVING AND HANDLING OF COMPLAINTS
4.1 Cases originally filed with the DENR
All administrative complaints filed at the DENR Central Office,
unless referred to the Environmental Ombudsman or otherwise directed by
the Office of the Secretary, shall be referred to the appropriate
division of the Legal Service and shall be acted upon and disposed in
the following manner:A. Disposition of Cases without any Investigation
1. Complaints filed by anonymous complainants, such as those by
“concerned citizens”, “concerned DENR employees”, etc. shall not be
acted upon and be dismissed outright through the issuance of a standard
Order to be signed by the Secretary or his/her authorized representative
(Format “A-1”[*]), unless-a. there is obvious truth or merit to the allegation, as can be
ascertained from a sufficiently detailed description of the act or
omission complained of, and the logical connections of the circumstances
alleged, based on ordinary human experience (otherwise the case will be
dismissed); orb. there is documentary or direct evidence attached that
proves the allegations, but the allegation/s thus proved must constitute
the major element of the act or omission complained of (otherwise the
case will be dismissed).2. Complaints filed against unnamed respondents such as those
against “certain officials”, “certain employees”, etc. shall not be
acted upon and be dismissed outright through the issuance of a standard
Order to be signed by the Secretary or his/her authorized representative
(Format “B”)[*]. If the
complainant is merely requesting for an investigation and not for the
imposition of administrative penalties, the complaint shall be forwarded
to the concerned office for investigation and action. A report shall be
rendered on the sufficiency and merit of the allegations and be
submitted to the Office of the Secretary.3. Complaints wherein the name of the complainant is indicated
but without signature, or those with signature but not under oath shall
be returned to the complainant for his/her signature and oath. If no
address is indicated in the complaint, the same shall be dismissed
outright pursuant to Section 48, Chapter 6, Subtitle A, Title I of Book V
of the Administrative Code of 1987, through the issuance of a standard
Order to be signed by the Secretary or his/her duly authorized
representative (Format “A-2”)[*].4. Complaints that identify both complainant/s and respondent/s
but without narration of relevant and material facts which show act/s or
omission/s being complained of, shall be dismissed outright for utter
lack of merit through the issuance of standard Order to be signed by the
Secretary or his/her duly authorized representative (Format C)[*].5. Cases involving tardiness, habitual absenteeism and the like,
where the offense is clearly established by official records of the
DENR, the head of office having jurisdiction or supervision the
employee, shall require the respondent to explain in writing within
three (3) days why no administrative sanctions shall be imposed against
him/her. Should the respondent admit the act/s or omission/s complained
of, and does not raise any factual or legal defense, the matter shall
be referred to the Director of the Administrative Service in the case of
the Central Office who shall recommend to the Office of the Secretary
the imposition of the appropriate penalty, without the necessity of
referring the case to the appropriate division of the Office of the
Legal Services. However, in the case of the Regions, Bureaus and
Attached Agencies, the matter shall be handled by the Legal Division
which shall recommend to the Head of Agency, the imposition of
appropriate penalty.6. Penalty may be reduced based on mitigating circumstances such as the candor of respondent in readily admitting the offense.
B. Disposition of Cases through Preliminary Investigation
1. The following shall be subjected to preliminary investigation provided under Section 12 of the Uniform Rules:
a. Cases falling under the exceptions provided in paragraphs (a and b) of Item 1 above;
b. Cases falling under Item 2 above, when the Secretary/Head of
Agency directs the conduct of preliminary investigation based on the
recommendations of the Administrative Service and Legal Division in the
Central Office and the Regional Offices, Bureaus, and Attached Agencies, respectively, after identity of the respondent had been
established; andc. Cases falling under Item 3 above, when the complainant affixes his/her signature or subscribes to the complaint under oath.
2. Preliminary Investigation Proper
a. Preliminary investigation shall be conducted by requiring
respondent to file Counter-Affidavit or Comment under oath within three
(3) days from receipt of the Complaint and Notice.b. After receipt of the respondent’s Counter-Affidavit or
Comment, or when the deadline had lapsed without such Counter-Affidavit
or Comment, the case will be resolved based on the evidence on hand:1. When there is substantial evidence proving the act or
omission complained of, then an Order will be issued declaring the
respondent guilty and imposing the appropriate penalty;2. When there is no substantial evidence, but there is prima facie case then:
2.1 Further preliminary investigation shall be conducted if
the act or omission is a light offense of the first or second
incidence. Such investigation shall be completed within one (1) month as
far as practicable, after which the case shall be resolved through an
Order either declaring the respondent guilty if there is substantial
evidence supporting the same, or dismissing the case if none is
presented; and2.2 If the act or omission is a grave or less grave offense, or light offense of the third incidence, then a Formal Charge
(See Annex Format)[*] shall be issued against the respondent, unless the case is referred to the Environmental Ombudsman for further action.3. When neither substantial evidence nor prima face case exists, then an Order will be issued dismissing the case.
C. Disposition of Cases Through Formal Investigation
Formal investigation shall be conducted in accordance with Section
35 of the Uniform Rules, without prejudice to the resolution of the
case at any stage of the proceedings should substantial evidence emerge
to support the allegations in the complaint provided the respondent was
given reasonable opportunity to meet the evidence against him.
Otherwise, the case shall be dismissed after the conclusion of the
Formal Investigation.4.2 Cases Originally Filed with the Office of Ombudsman
Cases that have been previously filed with the Ombudsman involving
the same parties and cause of action as the one filed with the DENR
shall be resolved in the following manner:A. Where the Ombudsman exercises jurisdiction over the case by
requiring the respondent to submit his Answer/Counter-Affidavit or
Comment, then the DENR shall dismiss the case filed with it, without
prejudice to any directive of the Office of the Ombudsman pursuant to
Republic Act No. 6770, otherwise known as the “Ombudsman Act”, such as
referral or indorsement.B. Where the Ombudsman has not yet required the respondent to
submit his or her Answer/Counter-affidavit or Comment, then the DENR
shall hold the case in abeyance, until the Ombudsman acts on the case,
after which the case will be dismissed, unless the case is immediately
dismissible without investigation, in accordance with Rule 4.A.1 above.4.3 Cases that maybe subjected to Alternative Dispute Resolution
Pursuant to Executive Order No. 523 and Republic Act No. 9285,
those cases appropriate for Alternative Dispute Resolution shall be
subject to such process. Such cases are the following:A. Cases arising from a personal transaction between complainant
and respondent such as agreements and contracts where a dispute or
disagreement arose; andB. Those arising from personal quarrels and the like, and there
are no allegations involving graft and corrupt practices, grave
misconduct or gross negligence in the performance of official functions.4.4 Grievance Machinery. Work related issues or
complaints giving rise to employee dissatisfaction shall be addressed
through the grievance machinery. These cases or issues shall not include
the following: disciplinary cases, sexual harassment cases, union
related issues and concern, and complaint relative to the Performance
Evaluation System.Rule 5. GIVING AND RECEIVING OF GIFTS. The DENR hereby adopts the following gifts policy for all officials and employees.
No official or employee shall receive any gift in consideration of
improper exercise of official functions. Provided that any gift received
in the amount of more than Php 5,000.00 except for the DENR as an
institution shall be presumed to have been given and received in
consideration of improper exercise of official functions. Entertainment,
travels whether local or abroad, hotel accommodation, dinners and the
like shall be considered gifts. However, this rule shall not apply to
relatives within the third degree of consanguinity or affinity.
Violation of this Rule shall be punished in accordance with existing and
applicable laws, rules and regulations.Rule 6. PROHIBITION ON NEPOTISM. The DENR shall
strictly prohibit Nepotism which is the appointment made in favor of a
relative of the appointing or recommending authority, or of the Chief of
Office, or of the person exercising immediate supervision over the
appointee. The prohibition shall apply to relatives and members of the
family within the 3rd civil degree either of consanguinity or affinity,
except to persons employed in a confidential capacity.The official, who appointed, recommended or the Chief of Office or
supervisor of the appointee shall be liable for nepotism and be punished
accordingly. The appointment issued in violation of this Rule shall
accordingly be revoked.The DENR discourages the employment of the members of the same
family within the 3rd civil degree either of consanguinity or affinity
in its different offices including attached agencies.Rule 7. USING AND DISCLOSING OFFICIAL INFORMATION.
1. Officials and Employees shall recognize the Constitutional
right of the people to information on public concerns, and to have
access to official records, documents and papers pertaining to official
acts, transactions or decisions, subject to limitations as may provided
by law and existing rules and regulations on confidentiality of
information.2. All officials and employees must not permit the unauthorized
use, dissemination or disclosure of information and documents that may
be used against the interest of the DENR. Otherwise they shall be liable
in accordance with existing laws, rules and regulations.3. All papers, thesis, dissertation and other out put from
government sponsored scholarship grants are considered properties of the
DENR in accordance with the law on Intellectual Property. Using the
same without permission from the DENR shall be punished in accordance
with existing and applicable laws, rules and regulations.Rule 8. DISCLOSURE OF MALPRACTICES AND CORRUPTION.
In the interest of improving accountability and fostering the fight
against corruption the DENR hereby prescribes the following:1. The DENR shall encourage truthful disclosures of wrongdoing at
the same time provide sanctions for knowingly making-up false and
malicious allegations.2. The DENR shall encourage voluntary disclosure of malpractices
and corruption. Such disclosure shall be in writing, signed and under
oath by the informant stating his personal data, brief statement of
facts and evidence in support of the information given.3. DENR officials and employees shall disclose to the proper
authority any evidence of fraud, corruption, maladministration, official
misconduct and negligent management resulting in waste of government
funds amounting to at least One Million Pesos (Php 1,000,000.00), or
when such malpractice result to great risk to the environment.4. An employee making false accusation knowing it to be false shall
be punished in accordance with existing and applicable laws, rules and
regulations depending upon the gravity or nature of the accusation.1. In the event that the testimonies of the informant is necessary
or indispensable to the successful litigation of the case arising from
the protected disclosure, the informant maybe compelled to testify.2. Any DENR official or employee under obligation to report or
disclose in accordance with Rule 8 of this Code who fails to do the same
shall be held liable depending on the circumstances of the case and be
punished in accordance with existing and applicable laws, rules and
regulations.Rule 9. RIGHTS AND PRIVILEGES OF INTERNAL REPORTER
1. Any official or employee disclosing any evidence of fraud,
corruption, maladministration, official misconduct and negligent
management resulting in waste of government funds amounting to at least
One Million Pesos (Php 1,000,000.00), or great risk to the environment
shall have the right to demand immediate action by the implementing
bodies.2. The DENR shall ensure that the identity of the informant and the
disclosed information shall be kept confidentially and be protected
from any retaliatory actions, such as criminal, civil and administrative
suits, including threat of transfer, unwarranted poor performance
evaluation, withholding of benefits and denial of work necessary for
promotion. Any official or employee making or causing any retaliatory
action shall be held liable depending on the circumstances of the case
and be punished in accordance with existing and applicable laws, rules
and regulations.3. An internal reporter who has an obligation by way of oath, rule
or practice to maintain confidentiality of information shall not be
deemed to have committed a breach of such duty if he makes a protected
disclosure of such information.4. An internal reporter shall be entitled to a commendation,
promotion and any other form of incentive as may be deemed appropriate;
provided, that in cases involving graft and corruption, the internal
reporter may be granted a monetary incentive proportionate to the amount
of savings brought to the DENR as a result of the protected disclosure.Rule 10. IMPLEMENTING BODY. The following are the
additional duties and functions of the Administrative Service (Central
Office) or the Legal Division of the Regional Offices, Bureaus and
Attached Agencies in relation to the implementation of this Code.1. Shall be the lead office in the implementation of the anti-corruption programs in their respective offices.
2. Shall be the hearing office in the event that there is breach of
this Code, the Code of Conduct and Ethical Standards of Public
Officials and Employees and other applicable rules and regulations.3. Shall act on complaints in relation to the implementation and enforcement of this Code.
4. Shall coordinate with the Office of the Ombudsman in conducting and monitoring lifestyle of its employees.
5. The Legal Service shall handle appealed cases of violation of
this Code, the Code of Conduct and Ethical Standards of Public Officials
and Employees and other applicable rules and regulations which were
decided or recommended by the Regional Office, Bureau or Attached agency
of the DENR.Rule 11. PENALTIES AND SANCTION. Any
administrative offense arising herein shall be prosecuted, without
prejudice to the filing of appropriate criminal and civil charges, if
warranted. Violation of the Citizen’s Charter shall be punished in
accordance with R.A. No. 9485.Rule 12. REPEALING CLAUSE. All DENR orders, rules
and regulations which are inconsistent with the provisions of this Code
are hereby repealed, amended or modified accordingly, unless the same
provide for a heavier penalty.Rule 13. SEPARABILITY CLAUSE. If for any reason
or reasons, any portion or provision of this Code shall be held
unconstitutional or invalid, all other parts or provisions not affected
shall continue to remain in full force and effect.Rule 14. EFFECTIVITY AND DISSEMINATION. This
Code shall take effect after 15 days following its publication in a
newspaper of general circulation and after registration with the UP Law
Center.
Adopted: 17 March 2009
Approved:
(SGD.) JOSE L. ATIENZA, JR.
Secretary
[*] Text Available at Office of the National Administrative Register, U. P. Law Complex, Diliman, Quezon City.