FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES.

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__2290

EXPLANATORY NOTE

Itis the avowed principle of Republic Act No. 6713 that the State shall
Promote a high standard of ethics in public service. Public officials and
employees shall, at all times, be accountable to the people and shall discharge
their duties with utmost responsibility, integrity, competence and loyalty, act
with patriotism and justice, lead modest lives, and uphold public interest over
personal interest (Section 2, R.A. No. 6713).

Pursuant to this policy, this bill seeks to expand the prohibited acts and
transactions provided in Section 7 (b) thereof, by providing for a specific
provision exclusively applicable to members of the Cabinet. By virtue of the
doctrine of qualified political agency, a member of the Cabinet is considered as
the alter ego of the President. As such, they acquire vital information not
otherwise available to others. This fact makes them very attractive to foreign
Corporations, who are all too eager to retain them as their consultants after their
stint with the government. Thus, in order to dispel any doubt that they take
advantage of information derived by virtue of their Cabinet position, they should
be prohibited from employment by foreign corporations doing business in the
Philippines for a period of five (5) years.

By prohibiting their employment for a period of five (5) years, there is the
assurance that there will be no transfer of privileged information acquired by
the Cabinet member during his stint as public servant to his new employer. This
is in consonance with the public servant's mandate that utmost loyalty is
required of him, because to do otherwise is detrimental to national interest

In view of the foregoing, approval of this bill earnestly requested

RUFUS B. IRIGUEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

~~ Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

2290

House Bill No._

AN ACT
AMENDING SECTION 7 (b) OF REPUBLIC ACT NO. 6713, OTHERWISE
KNOWN AS THE CODE OF CONDUCT AND ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND EMPLOYEES, SO AS TO LENGTHEN THE
PERIOD OF PROHIBITED EMPLOYMENT IN THE CASE OF MEMBERS OF
THE CABINET

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 7, subparagraph (b) of Republic Act No. 6713 is
hereby amended to read as follows:

“Section 7. Prohibited Acts and Transactions. - in addition to acts
and omissions of public officials and employees now prescribed in the
Constitution and existing laws, the following shall constitute prohibited
acts and transactions of any public official and empioyee and are hereby
declared to be unlawful:

(a) x:000¢
(b) Outside employment and other activities related thereto.
Public officials and employees during their incumbency shall not:

(1) Own, control, manage or accept employment as officer,
employee, consultant, counsel, broker, agent, trustee or
nominee in any private enterprise regulated, supervised
or licensed by their office unless expressly allowed by
law;

(2) Engage in the private practice of their profession unless
authorized by the Constitution or law, Provided, That
such practice will not conflict or tend to conflict with
their official functions; or


(3) Recommend any person to any position in a private
enterprise, which has a regular, or pending official
transaction with their office.

These prohibitions shall continue to apply for a period of one (1)
year after resignation, retirement or separation from public office, except
in the case of subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in connection with any matter
before the office he used to be with, in which case the one-year
prohibition shall likewise apply: PROVIDED, THAT IN THE CASE OF
MEMBERS OF THE CABINET, THE PROHIBITION FOR
EMPLOYMENT IN ANY PRIVATE ENTERPRISE SHALL INCLUDE
EMPLOYMENT WITH FOREIGN GOVERNMENTS, CORPORATIONS,
OR ENTITIES, AND THE PROHIBITION SHALL BE FOR A PERIOD OF
FIVE (5) YEARS FROM THE DATE OF RESIGNATION, RETIREMENT
OR SEPARATION FROM SAID PUBLIC OFFICE: PROVIDED,
FURTHER, THAT AS USED HEREIN, THE TERM EMPLOYMENT
SHALL MEAN HIRING SUCH PERSON, WHETHER AS AN OFFICER,
EMPLOYEE, CONSULTANT OR TRAINOR OR RESOURCE
PERSON.”

SEC. 2. Repealing Clause - All laws, orders, rules and regulations
which are inconsistent with or contrary to the provisions of this Act are hereby
amended or repealed accordingly.

SEC 3. Effectivity Clause - This Act shall take effect fifteen (15) days
after its publication in two (2) newspapers of general circulation

Approved.