PRESCRIBING A CODE OF CONDUCT FOR RELATIVES AND CLOSE PERSONAL RELATIONS OF THE PRESIDENT, VICE PRESIDENT AND MEMBERS OF THE CABINET
are duty bound to follow the highest standard of ethics in public
service.
WHEREAS, the duty of the President, Vice President and Members of
the Cabinet extends also to those related to them by consanguinity,
affinity, intimacy or close personal relations, who must conduct
themselves in a manner which would not cast doubt on the integrity and
impartiality of the President, Vice President and Members of the
Cabinet.
WHEREAS, there is a need to remove whatever public perception that
relatives and close personal relations of the President, Vice President
and Members of the Cabinet are or may be taking undue advantage of such
relationship to obtain unwarranted advantage and benefits from the
government.
WHEREAS, even without deliberately capitalizing, exploiting or taking
advantage of their family or close personal relations with the
President, Vice President and Members of the Cabinet in engaging in
certain transactions, the proximity of relatives and close personal
relations to the President, Vice President and Members of the Cabinet
may create a wrong perception that such relations are or have been
abused by them.
WHEREAS, there is a need to lay down a Code of Conduct for relatives
and close personal relations of the President, Vice President and
Members of the Cabinet to ensure that existing laws in place cannot and
will not be circumvented and that undue influence will not be exerted
nor undue advantage taken by these people as a result of their closeness
with the President, Vice President and Members of the Cabinet.
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, hereby
direct and order, as follows:
SECTION 1. Definition of Terms. — As used in this Executive Order, the term:
(a) “Relative” refers to any and all persons related
to the President, Vice President and Members of the Cabinet within the
fourth civil degree of consanguinity or affinity, and shall include any
offspring of the President, Vice President and Members of the Cabinet
and the parent of such offspring, as well as those related to the latter
within the fourth civil degree of consanguinity or affinity.(b) “Close Personal Relation” shall mean any person
enjoying close association or intimacy with the President, Vice
President and Members of the Cabinet, which insures easy access to his
person such as political contributors, personal friends of long
standing, and former schoolmates of the President, Vice President and
Members of the Cabinet.(c) “Gift” refers to a thing or a right to dispose of
gratuitously, or any act or 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 the President, Vice President, Members of the Cabinet
or any other public official or employee.(d) “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.(e) “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.(f) “Loan” covers both simple loan and commodatum as well as
guarantees, financing arrangements or accommodations intended to ensure
its approval.(g) “Person” includes natural and juridical persons unless the context indicates otherwise.
(h) “Public Official” 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.SEC. 2. Prohibited Acts and Transactions.
— In addition to acts and omissions of presidential Relatives provided
in the Constitution and existing laws, the following shall constitute
prohibited acts and transactions by a Relative or a Close Personal
Relation:(a) Solicitation and acceptance, directly or
indirectly, of any funds, gift, gratuity, favor, entertainment, loan or
anything of monetary value for any purpose from any person or
corporation;(b) Persuading, inducing or influencing another public
official 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;(c) Directly or indirectly engaging in transactions
with Government, particularly government financial institutions (”
GFIs”), including securing any loan or accommodation from such GFIs;(d) Exerting undue influence, directly or indirectly, on the outcome public biddings for government contracts;
(e) Directly or indirectly having financial or
pecuniary interest in any business, contract or transaction with the
Government.(f) Using the name of the President, Vice President or Members of
the Cabinet, directly or through another person not related to the
President, Vice President and Members of the Cabinet, in order to obtain
any contract, favor or other benefit from the government.SEC. 3. Simple Living. — Relatives and
Close Personal Relations shall lead modest lives appropriate to their
positions and income. They shall not indulge in extravagant and
ostentatious display of wealth in any form.SEC. 4. Prohibition on Government Financial Institutions
. — GFIs are prohibited from increasing its equity or investing its
funds for purposes of conferring a seat as director to a Relative or
Close Personal Relation by means of increasing capital or equity or
though any other means.SEC. 5. Lawful Exercise of Profession . —
Nothing in this Executive Order shall cover lawful acts of persons
considered as a Relative or Close Personal Relation who have been
engaged in the traditional, established, and lawful exercise of their
profession, business or trade.SEC. 6. Penalties for Violations . — In
addition to the criminal liabilities provided for by existing laws
should any act defined herein fall within the definition of such laws,
all agreements, contracts, and any other transaction entered into with
the Government in violation of any prohibition herein shall be deemed
void and of no effect. Any government official or employee who shall
tolerate or conspire with any Relative or Close Personal Relation in
violation of this Executive Order shall be subject to suspension or
removal from office as may be determined by the President and following
an investigation of such violation.SEC. 7. Effectivity . — This Order shall take effect immediately.
Adopted: 09 Nov. 2000
By the President:
(Sgd.) RONALDO B. ZAMORA
Executive Secretary