WHEREAS, it is the declared policy of the State to maintain honesty and integrity in the public service and to take proactive and effective measures against graft and corruption;

WHEREAS, the Constitution explicitly declares that a public office is a public trust and all 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, in the performance of their duties and responsibilities, the officials and employees of the Office of the Ombudsman serve as the protectors of the people and, thus, any act of indiscretion or impropriety, or suspicion of indiscretion or impropriety, on their part will greatly affect the honor, dignity and effectiveness of the institution and the people's confidence in it;

WHEREAS, in addition to statutory provisions and Civil Service rules governing the ethical conduct of public officials and employees, there is a need to adopt norms of conduct that are peculiar to officials and employees in the Office of the Ombudsman by reason of the special nature of their duties and responsibilities;

NOW, THEREFORE, the Office of the Ombudsman hereby promulgates these:

Norms of Behavior for Officials and Employees
of the Office of the Ombudsman

RULE I
  SCOPE

The provisions of this Title shall have common application to all officials and employees of the Office of the Ombudsman.

RULE II
  CORE VALUES

The Office of the Ombudsman is committed to upholding the highest standards of honesty and integrity throughout the institution to enhance the quality and efficiency of public service. OMB officials and employees shall accept personal restrictions that might be viewed as burdensome by the ordinary citizen and shall do so freely and willingly. In particular, OMB officials and employees shall conduct themselves in a way that is consistent with the dignity and mandate of the Office of the Ombudsman. To this end, all OMB officials and employees shall adhere to the following core values:

 

* patriotism and nationalism;
* commitment to the rule of law and to public interest;
* honesty, integrity and professionalism in the performance of official functions;
* accountability and transparency in all actions in or related to office;
* impartiality and political neutrality in the performance of official functions;
* utmost dedication, diligence, responsiveness, justness and sincerity in serving the people; and
  - simplicity in lifestyle.

RULE III
  FIDELITY TO DUTY

Section 1. OMB officials and employees shall at all times exhibit loyalty to the people and commitment to the mandate of the Office.

Section 2. OMB officials and employees shall not discriminate against or dispense undue favors to anyone. Neither shall they allow kinship, rank, position, affiliation or favors to influence the performance of their official acts or duties.

Section 3. OMB officials and employees shall perform their duties efficiently, promptly, fairly and without bias or prejudice.

Section 4. OMB officials and employees shall avoid impropriety and the appearance of impropriety in all of their activities.

Section 5. OMB officials and employees shall not engage in conduct incompatible with the faithful discharge of their official duties.

Section 6. OMB officials and employees shall at all times perform official duties properly and diligently. They shall fully commit themselves to the duties and responsibilities of their office during working hours.

Section 7. OMB officials and employees shall not discriminate or manifest, by word or conduct, bias or prejudice based on race, religion, national or ethnic origin, gender, political belief or affiliation.

Section 8. OMB officials and employees shall use the assets and resources of the office, including funds, properties, goods and services, economically, productively, effectively and only for official activities.

Section 9. OMB officials and employees shall carry out their duties and responsibilities as public servants with utmost and genuine courtesy.

RULE IV
  CONFIDENTIALITY

Section 1. OMB officials and employees shall not disclose any confidential information acquired by them in the course of their employment in the Office. Pursuant to Section 7(c) of Republic Act 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, they shall not use or divulge confidential or classified information officially known to them by reason of their office and not made available to the public either: (1) to further their private interests or give undue advantage to anyone; or (2) to prejudice the public interest.

Confidential information means information not yet made available to the public relating to pending cases, complaints, investigations, procurements, and such other transactions with the Office, including notes, drafts, research papers, internal memoranda, and similar papers thereon.

The foregoing rules on confidentiality applies to all incumbent OMB officials and employees and those who have resigned or retired from the service or have been separated thereto.

Section 2. Duly authorized OMB officials and employees who possess, or have knowledge of, any confidential information may grant access to confidential information only to co-employees duly authorized for the purpose and on a need-to-know basis.

Section 3. Confidential information by reason of statute, court order, administrative policy or mutual agreement shall be disclosed only by persons duly authorized to do so and only to persons duly authorized to receive the same.

Section 4. OMB officials and employees shall not disclose confidential information given by parties to a case, counsel, witness, or any other person, unless expressly authorized by proper authority.

Section 5. Former OMB officials and employees shall not disclose confidential information acquired by them during their employment in the Office of the Ombudsman in instances where disclosure by current/incumbent OMB officials and employees of the same information will constitute a breach of confidentiality.

Section 6. OMB officials and employees shall not alter, falsify, conceal, destroy or mutilate any record.

RULE V
  CONFLICT OF INTERESTS

Section 1. OMB officials and employees shall exercise extraordinary diligence to avoid any conflict of interests in connection with their official duties and the functions of the Office. In the event that conflicts of interests arise, OMB officials and employees shall, in writing, immediately disclose the same to their immediate supervisor and terminate the same.

Section 2. A conflict of interest exists when:

(a) the objectivity of an OMB official or employee in performing official duties is impaired or may reasonably appear to be impaired;

(b) the personal concerns of an OMB official or employees run counter to the objectives of the Office; or

(c) the official act of an OMB official or employee results in undue personal benefit or advantage on his part or on the part of any of his relatives within the fourth civil degree by consanguinity or affinity.

Section 3. OMB officials and employees shall not engage, directly or indirectly, in any of the following or similar acts:

(a) enter into any contract with the Office of the Ombudsman for the procurement for a cost, of supplies or services, and lease or sale of property. This prohibition shall extend to their relatives within the fourth civil degree, by consanguinity or affinity;

(b) participate in any official action involving a party with whom either he or any of his relatives within the fourth civil degree, by consanguinity or affinity, is negotiating for future employment;

(c) seek additional employment or engage in any other undertaking outside the Office of the Ombudsman that prejudices in any manner his performance of official functions, or undermines the interest of the Office;

(d) recommend for employment in the Office of the Ombudsman any of his relatives within the fourth civil degree, by consanguinity or affinity, except to confidential positions in the Office;

(e) recommend any person for employment in any government agency;

(f) recommend any person for employment to any litigant or counsel, or their agents, in any case or complaint before the Office of the Ombudsman, or to any supplier, or any other person doing business with the Office; or

(g) recommend private attorneys to litigants, or prospective litigants, in any case or complaint filed with or originating from the Office of the Ombudsman, or to anyone dealing with the Office.

RULE VI
  OUTSIDE EMPLOYMENT

Section 1. Employment in the Office of the Ombudsman is a full-time occupation and shall constitute the primary employment of its officials and employees.

Section 2. OMB officials and employees may engage in additional employment outside the Office, after securing the proper authority and subject to the following conditions:

(a) the outside employment can and shall be performed outside the normal working hours;

(b) the outside employment is not incompatible with the performance of the duties and responsibilities of the OMB official or employee, or the functions of the Office;

(c) the outside employment does not require the private practice of his profession, except in cases of services as instructor, professor, lecturer, resource person, or notary public; and

(d) the outside employment does not require or induce the OMB official or employee to disclose confidential information acquired by reason of his employment in the Office.

Section 3. OMB officials and employees may not appear as counsel except, upon securing the proper authority from the Ombudsman, Overall Deputy Ombudsman or the Deputy Ombudsman concerned, in cases involving their own selves or their relatives within the fourth civil degree either by consanguinity or affinity, regardless of whether the case is work-related or otherwise. For OMB Central Office, the Overall Deputy Ombudsman is hereby duly authorized to grant this authority. On the other hand, for the Office of the Special Prosecutor and the area/sectoral offices, the authority is lodged with the Special Prosecutor or the Deputy Ombudsman concerned. In all cases of denial of subject request, the same is appealable to the Tanodbayan.

RULE VII
  RELATIONS WITH THE PUBLIC

Section 1. OMB officials and employees shall treat the public with utmost respect, courtesy, consideration and reason.

Section 2. OMB officials and employees shall avoid engaging in activities that invite suspicion of lack of objectivity, impartiality or propriety in the performance of their official functions. They shall conduct themselves in a manner consistent with the dignity of the Office and refrain from conduct that might bring discredit or embarrassment to the Office.

Section 3. OMB officials and employees shall avoid making inappropriate public comments, including statements of personal opinions that can be construed as official.

Section 4. OMB officials and employees shall commit themselves to fairness and equality. They shall take an active role in ensuring that their work environment is free of discrimination and harassment.

RULE VIII
  POST EMPLOYMENT

Section 1. Post-Employment is where a public official leaves the public sector and obtains employment in the private sector. The type of employment which may be cause for concern is that which bears a close or sensitive relationship with the person's former position as public official or more particularly, as an official or employee of the Office of the Ombudsman.

Section 2. To promote the highest standards of ethics in public service, former OMB officials and employees who have joined the private sector and whose present employment bears a direct relationship with their former position as such OMB officials and employees, are strictly prohibited from meeting, transacting or dealing, directly or indirectly, with incumbent OMB officials and employees, on any matter/case pending with the Office. In this regard, incumbent Ombudsman officials and employees shall observe the ethical standards prescribed by the Office in dealing with said former officials and employees.

Section 3. The same ethical standards as that stated under Section 2 of this rule applies to former OMB officials and employees who have joined other government offices: provided, however, that subject OMB officials and employees who are involved in the investigation, adjudication and prosecution of corruption-related cases and who as such, are coordinating and interacting with this Office in the investigation, adjudication and prosecution of said cases (e.g. Office of the Solicitor General, Department of Justice), shall be exempted from the foregoing prohibition.

Section 4. During official proceedings, trials, clarificatory hearings of cases under preliminary investigation or administrative adjudication, and in cases pending before the Sandiganbayan, former OMB officials and employees may be allowed to interact with incumbent OMB officials and employees but only in a manner consistent with, or necessary in, the conduct of the said proceedings.

Section 5. For requests for assistance, the Public Assistance Bureau may extend assistance to former OMB officials and employees on official business only.

RULE IX
  INTERNAL AFFAIRS BOARD

Section 1. The Internal Affairs Board shall serve as the channel for complaints against OMB officials and employees, and shall formulate a long-term integrity strategy for the Office.

Section 2. The rules and guidelines under Administrative Order No. 16, series of 2003, dated July 31, 2003, on the creation of the Internal Affairs Board, its composition, functions, duties and responsibilities and the procedures in handling complaints shall be observed in the investigation of complaints filed against OMB officials and employees.

RULE X
  SUPPLETORY RULES

All provisions of law, rules and regulations governing or regulating the conduct of public officials and employees in general shall apply suppletorily to these Rules.

RULE XI
  PENALTY

Any violation of these Rules shall be a ground for disciplinary action, without prejudice to the filing of appropriate criminal charges, if warranted.

RULE XII
  EFFECTIVITY

These Rules shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette and upon filing with the University of the Philippines Law Center of three (3) certified copies thereof.

Adopted: 24 Jan. 2005

(SGD.) SIMEON V. MARCELO
Tanodbayan
(Ombudsman)