The Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act No. 6713), states that “public officials and employees shall always uphold the public interest over and above personal interest” and that in the discharge of their functions, they must be fair and democratic in their ways: “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 time 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.”
Laws are passed to establish ethical standards in public service. For instance, Section 3 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act lists the following corrupt practices of public officers, which include “persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority and 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 party.”
Receiving gifts influences a person to give undue favor to another party and henceforth is unfair. Moreover, it puts the government in harm’s way since the assessment of any government transaction will no longer be objective, but tainted with bias. What makes it unjust is the fact that in the end, it is the people who will suffer from substandard projects and programs. The law also states that “accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination” is illegal.
Moreover, RA 6713 prescribes that “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” should be punished since it puts the government at a disadvantage. Such a provision applies to “officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions”, and is promulgated to protect the offices and functions of government.
Public interest, on one hand, refers to the good of the people. It involves the public good which advances the concerns, the welfare or well-being of the people. This concern can be social, economic, moral, or cultural. The people are the primary stakeholders in democratic governance whose interest civil servants must serve. The elements of public interest include public duty, respect for due process, and the priority of public welfare.
Public duty, on the other hand, refers to the fundamental obligation of a civil servant to manifest responsible conduct in government. Honesty is vital to the delivery of the basic services to the people. Such commitment to honest public service is vital in strengthening the foundations of democracy. Respect for due process means following democratic procedures by legal means, which is paramount to make democracy work. Public interest involves the democratic process of consultation. This means that the voice of the public or the people must be given priority.
This entails the fact that public officers must act honestly and objectively. The law is above all. Section 4 (c) of the Code commands that “[public officials and employees] 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.”
Civil servants must perform their duties and live up to the highest moral standards called for by law. The public good, which refers to the welfare of the people, such as public safety, economic well-being, and health, must be the utmost priority in the discharge of official government functions. But one must not forget that it is the people who gives public officials their mandate and as such, their will be upheld at all times.
