Author Topic: Administrative order adopting a code of conduct for all DOLE officials  (Read 771 times)

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Labor and Employment Secretary Rosalinda Dimapilis-Baldoz on Wednesday signed an administrative order adopting a code of conduct for all Department of Labor and Employment (DOLE) officials and employees, effectively ending the year 2010 and her first six months in office with what she described as an “inward-looking strategy to promote transparency and excellent public service and to arm and position everyone in the DOLE in the battle against all forms of graft and corruption”.

“Today, on the eve of the commemoration of the 114th anniversary of the martyrdom of the national hero Dr. Jose Rizal, the DOLE joins the Filipino nation in a pledge to ensure good and efficient governance, in pursuit of President Benigno S. Aquino III in his 22-point labor and employment agenda, by adopting a code of conduct that will govern our way of life as public servants in the next six years and beyond,” Baldoz said shortly after she issued Administrative Order No. 476 in Intramuros, Manila.

Baldoz is the first labor and employment Secretary to issue a specific code of conduct for the DOLE which during the last six months had laid the groundwork for a series of reform measures in pursuit of the President’s labor and employment agenda.

As a code of conduct, A.O. No. 476 contains specific rules on fidelity to duty; conflict of interest; solicitation and acceptance of gifts; outside employment; nepotism; cronyism; confidentiality; post-employment; procurement of goods, consulting services, and infrastructure projects; reporting of malpractices, corruption, and other protected disclosures; penalties and sanctions; and incentives and rewards system.

The code is largely based on Republic Act No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, enacted during the term of the late President Corazon C. Aquino. R.A. 6713 sets the norms of conduct for all government officials and employees.

She said the DOLE’s code’s objectives are “to serve as an instrument of the DOLE mission, vision and goal, and live the core values; to set the guidelines and parameters for the 9,208 DOLE officials and employees to meet the highest standards of excellence and integrity in the performance of their duties; to serve as preventive measure to avert corrupt practices; to provide applicable administrative sanctions for any violation; and to establish effective mechanisms for excellent conduct and accountability and provide rewards and incentives.”

The code is also guided by the provisions of R.A. 9485 (Anti-Red Tape Act of 2007); R.A. 3019 (Anti-Graft and Corrupt Practices Act); R.A. 9184 (Government Procurement Reform Act); 1987 Administrative Code; Civil Service Rules and Regulations; Presidential Decree No. 749 (Granting Immunity from Prosecution to Givers of Bribes and Other Gifts to their Accomplices in Bribery and other Graft Cases against Public Officers); P.D. No. 46 (Making it Punishable for Public Officials and Employees to Receive, and for Private Persons to Give, Gifts on any Occasion, including Christmas); P.D. No. 6 (Amending Certain Rules on Discipline of Government Officials and Employees), and Title VII, Revised Penal Code (Crimes Committed by Public Officers).

But while R.A. No. 6713 is general in application, Baldoz said, the DOLE’s code of conduct is very specific.

“What sets it aside is that it has distinct and novel provisions which were product of exhaustive discussions and consultations with all concerned,” she said.

One of the code’s more distinct features are its provisions on “Encouraging Reporting of Malpractices, Corruption and Other Protected Disclosures” under Rule X, which specify conditions for whistleblowers and protected disclosure.

The provisions govern the use of disclosed information and provide the rights and protection, as well as incentives, for whistleblowers.

“Starting 2012, for example, we shall allocate an annual budget of one percent of our miscellaneous and other operating expenses for the payment of the benefits of protected whistleblowers under the code,” Baldoz said.

Under the rules, acts constituting graft and corruption can be disclosed by whistleblowers provided (a) these are made voluntarily in writing and under oath; (b) these are acts or conduct constituting graft and corruption; (c) these pertain to a matter not yet the subject of a complaint already filed with, or investigated by the Department, or by any other concerned office or pending before any court of justice or quasi-judicial body; (d) the whistleblower assists and/or participates in the acts or omissions which are the subject of the disclosure, provided he is the least guilty; (e) the whistleblower has personal knowledge of existing facts and information covered by the disclosure; and (f) the information can be supported by other material evidence.

The code also specifies that the agency-level Efficiency and Integrity Board (EIB), one of the DOLE’s newest reform initiatives and which is tripartite in constitution, shall evaluate the written disclosure in ten (10) working days, and the Board shall conduct an investigation which should be completed not more than forty-five (45) days reckoned from receipt of the complaint.

Baldoz said another distinct feature of the code is its provision on DOLE core values.

“This code outlines in writing the DOLE core values to which we are committed and which we are promoting as a way of life. These core values are duty above all, objectivity and integrity, loyalty, and excellence,” she said.

“Our duty is to uphold public interest over and above personal interest and to be responsive by extending prompt, courteous and adequate public service. On objectivity and integrity, we aim to remain true to the people, to not discriminate against anyone, to respect the rights of others by refraining from doing acts contrary to law, morals, and public safety and order, and to live simple lives,” the labor and employment chief explained.

“On loyalty, we are committed to democracy and political neutrality. We also aim to remain loyal and true to the Republic, the Constitution, and to the Filipino people by being obedient to all the laws, rules, regulations and other legal orders of duly-constituted authorities.”  - source: PNA

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