Pam 1-15 - Oespa

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PHILIPPINE ARMY MANUAL 1-15
OESPA
Proponent: Office of the Ethical Standard, PA
Issued: ____________________
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PHILIPPINE ARMY MANUAL 1-15
OESPA
Philippine Army Manual 1-15 (PAM 1-15) dated 06 MAY 2014 is promulgated
on authority of the Commanding General, Philippine Army
LTGEN HERNANDO DCA IRIBERRI AFP
Commanding General, Philippine Army
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PREFACE
1. Purpose
The Officers and Men of the Command are faced with daily situations that demand
conduct which observe high standard of professionalism and integrity in consonance with
the AFP Code of Ethics and other Office of Ethical Standards and Public Accountability
(OESPA) Rules and Regulations which can be learned and made available though this
Manual. This Manual is expected to be reproduced and distributed to our Philippine Army
Officers and men up to the far flung areas of the country to serve as a guide in the
performance of their duties and responsibilities in order to achieve high standard of
professionalism in the service.
2. Scope and Applicability
This Manual is a compilation of pertinent laws, regulations, policies and SOPs on

the different areas of concerns of OESPA, as follows:
a. Anti-Graft and Corrupt Practices Act and Related Laws

b. Code of Ethics
c. Statement of Assets and Liabilities
d. Professionalism and Graft Prevention
e. Other Polices and SOPs
3. User Information
The proponent of this manual is the OESPA. The users of this manual are
encouraged to submit recommended changes to improve it. Comments should identify the
area in which the change is recommended, indicating exactly how a portion should be
reworded. Further, the reasons should be provided for each comment to allow complete
evaluation. Comments should be forwarded to OESPA, copy furnish Doctrine Center,
Training and Doctrine Command (TRADOC), Philippine Army.
4. References
The following references were used in this publication:
a. RA 3019 (Anti-Graft and Corrupt Practices Act)

b. RA 1379 (An Act Declaring Forfeiture in favor of the State any Property
found to have been Unlawfully Acquired by any Public Officer or Employee)
c. RA 6770 (An Act Providing for the Functional and Structural Organization of
the Office of the Ombudsman and for other Purposes)
d. RA 6713 (Code of Conduct & Ethical Standard for Public Officials and
Employees of the Government)
e. RA 7080 (An Act Defining and Penalizing the Crime of Plunder)
f. AFP Code of Ethics
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g. Primer on the Proper Filing of Assets and Liabilities

h. Other related AFP Policies and SOPs
i. The 1987 Philippine Constitution
j. Revised Penal Code
5. Rescission
All publications, manuals, and directives inconsistent with this manual are hereby
rescinded.
6. Gender
Unless this publication states otherwise, masculine nouns and pronouns do not
refer exclusively to men.
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CONTENTS
Title Page i
Promulgation Note iii
Preface v
Content
Section Title Page
CHAPTER 1 – THE OESPA, PA
1-1 History of OESPA, PA 1-2

1-2 Mission 1-2
1-3 Activation of Office 1-3
1-4 Office Functions 1-3
Functions of the Army Chief, ESPA, Deputy Chief,
1-5
ESPA and Branch Chiefs 1-4
Office of Ethical Standards and Public
1-6 Accountability at PAMU Level 1-11
CHAPTER 2 – OTHER REGULATIONS, POLICIES & DIRECTIVES
Transitional OESPA Structure below the Major

2-1 2-1
Services
2-2 Amended DLO Information System Guidelines 2-8
2-3 Pending Case (GHQ, AFP dated 18 Sep 1974) 2-8
2-4 Pending Case (HPA Ltr Dir Dated 26 Sep 2008) 2-9
2-5 Disposition of Anonymous Complaints/Reports 2-10
2-6 Investigative Jurisdiction over Certain Cases 2-10
Incorporation of Pending and Resolved Cases in
2-7 2-11
the SOI
Conduct of Lectures on AFP Code of Ethics and
2-8
Graft Prevention by PA Line Units. 2-12
2-9 Amended Policy on the Conduct of Lectures 2-13
by PA Line Units
2-10 Anti-Scalawag Campaign by the AFP 2-14
2-11 Professionalization Campaign 2-15
2-12 Investigation Procedures 2-15
2-13 Memorandum of Agreement 2-16
The three policies on Giving and Receiving
2-14 2-19
of Gifts, No to Bribe, and Terms
and Conditions on Donation
2-15 Policies, Guidelines and Procedures in the 2-26
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Disposition of Rape, Sexual Harassment and other

Sexually Related Cases in the AFP
Guidelines in the Disposition of Domestic Related
2-16 2-29
Offenses of AFP Personnel
CHAPTER 3– AFP CODE OF ETHICS
3-1 Contents of the Code of Ethics 3-1

3-2 Essential Elements 3-2
3-3 The AFP Creed 3-3
3-4 Army Core Values 3-4
3-5 AFP Core Values 3-4
3-6 The Functional Family Creed 3-5
3-7 Professionalism 3-6
3-8 Unprofessional Acts 3-6
3-9 Prevention of AFP Code of Ethics Violations 3-7
3-10 The OESPA Prayer 10-11
CHAPTER 4- ACCOUNTABILITY OF PUBLIC OFFICERS UNDER THE 1987

PHILIPPINE CONSTITUTION, SPECIAL LAWS AND OFFENSES UNDER
THE REVISED PENAL CODE (RPC)
Accountability of Public Officers

4-1 4-1
and Employees
R.A No. 3019-Anti-Graft and
4-2 4-1
Corrupt Practices Act
R.A No. 1379-An Act Forfeiting in Favor of the
4-3 State any Property Found to have been Unlawfully
4-20
Acquired.
R.A No. 6770-Functional and Structural
4-4
Organization of the Office of the Ombudsman. 4-22
R.A No. 6713-Code of Conduct and Ethical
4-5
Standards for Public Officials & Employees 4-27
4-6 R.A No. 7080-Plunder 4-30
4-7 Three-Fold Responsibility Rule 4-32
4-8 Crimes Committed by Public Officers 4-33
CHAPTER 5 – FILING OF ASSETS AND LIABILITIES
Filing of Statement of Assets, Liabilities and Net

5-1 5-1
Worth (SALN)
5-2 Submission of SALN Records 5-4
5-3 Questionnaire on the filing of SALN 5-4
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Financial Analysis of SAL and Prosecution

5-4 5-12
of Non-Filers
5-5 Investigation of Cases 5-15
5-6 SOP #1 dtd 9 Jan 14 5-21
5-7 Civil Service Commission Memorandum Circulars 5-21
5-8 Comparison of SALN Forms 5-23
CHAPTER 6 - IDAP BACKROUND
6-1 SUMMARY 6-1
ANNEXES
A STAFF MEMORANDUM NUMBER 06 A-1

B ACTIVATION OF OFFICE B-1
TRANSITIONAL OESPA STRUCTURE AT LEVEL
C C-1
BELOW THE MAJOR SERVICES
AMENDED DISCIPLINE, LAW AND ORDER
D D-1
INFORMATION SYSTEM GUIDELINES
E PENDING CASE (GHQ AFP DTD 18 SEP 1974) E-1
F PENDING CASE (HPA DTD 26 SEP 2008) F-1
SOP DISPOSITION OF ANONYMOUS
G G-1
COMPLAINTS/REPORTS
MEMORANDUM: INVESTIGATIVE
H H-1
JURISDICTION OVER CERTAIN CASES
INCORPORATION OF PENDING AND
I I-
RESOLVED CASES
HPA LTR DIR DTD 18 SEP 2008 (LECTURE ON
J AFP COE ANDGRAFT PRVENTION BY PA LINE J-1
UNITS
AMENDED POLICY ON THE CONDUCT OF
K K-1
LECTURES BY PA LINE UNITS
L DND MEMORANDUM DTD 30 OCT 1993 L-1
M PROFESSIONALIZATION CAMPAIGN M-1
N MEMORANDUM OF AGREEMENT N-1
O GIVING AND RECEIVING OF GIFTS POLICY O-1
GUIDELINES IN THE DISPOSITION OF
P DOMESTIC RELATED OFFENSES BY THE AFP P-1
PERSONNEL
POLICIES, GUIDELINES AND PROCEDURE IN
THE DISPOSITION OF RAPE, SEXUAL
Q Q-1-6
HARRASMENT AND OTHER SEXUALLY
RELATED CASES IN THE AFP
R CODE OF ETHICS R-1
CSAFP LETTER DIRECTIVE PREVENTION OF
S S-1
AFP CODE OF ETHICS VIOLATIONS
ANTI-GRAFT AND CORRUPT PRACTICES ACT
T T-1-6
REPUBLIC ACT NO. 3019
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REPUBLIC ACT NO. 1379, AN ACT DECLARING

FORFEITURE IN FAVOR OF THE STATE ANY
PROPERTY FOUND TO HAVE BEEN
U U-1-3
UNLAWFULLY ACQUIRED BY ANY PUBLIC
OFFICER OR EMPLOYEE AND PROVIDING FOR
THE PROCEEDING THEREFOR
REPUBLIC ACT NO. 6770, AN ACT
PROVIDING FOR THE FUNCTIONAL AND
V STRUCTURAL ORGANIZATION OF THE V-1
OFFICE OF THE OMBUDSMAN AND FOR
OTHER PURPOSES
(Republic Act No. 6713) AN ACT ESTABLISHING
A CODE OF CONDUCT AND ETHICAL
STANDARDS FOR PUBLIC OFFICIALS AND
EMPLOYEES, TO UPHOLD THE TIME-
HONORED PRINCIPLE OF PUBLIC OFFICE
W BEING A PUBLIC TRUST, GRANTING W-1
INCENTIVES AND REWARDS FOR EXEMPLARY
SERVICE, ENUMERATING PROHIBITED ACTS
AND TRANSACTIONS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF AND
FOR OTHER PURPOSES
MC NO. 2 S, 2013 (GUIDELINES IN THE FILLING
X OUT OF THE STATEMENT OF ASSETS X-1
LIABILITIES AND NET WORTH (SALN)
Y DELEGATION OF AUTHORITY Y-1
Z AAR FORM 3 Z-1
RA NO. 7080, AN ACT DEFINING AND
Z1 Z1-1
PENALIZING THE CRIME OF PLUNDER
REVISED PENAL CODE, TITLE VII- CRIMES
COMMITTED BY PUBLIC OFFICERS CHAPTER
Z2 Z2-1
TWO MALFEASANCE AND MISFEASANCE IN
OFFICE
AFP SOP FINANCIAL ANALYSIS OF SALN AND
Z3 Z3-1-
PROSECUTION OF NON-FILERS
Z4 AFP SOP ON INVESTIGATION OF CASES Z4-1
Z5 CSC MC NO. 05, S. 2010 Z5-1-
Z6 SOP #1 DTD 9 JAN 14 Z6-1
SALN FORM (1994, REVISED 2012, AD/BD AND
Z7 Z7-1
REVISED 2004)
Z8 RA 9262- (VAWC ACT) Z8-1
Z9 RA 9485 - ANTI-RED TAPE ACT OF 2007 Z9-1
RA 8353 - AN ACT EXPANDING THE
Z10 Z10-1
DEFINITION OF THE CRIME OF RAPE
PERSONNEL MANNING & EQUIP ALLOW OF
Z11 Z11-1
OESPA at PAMU
Glossary
Abbreviations
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CHAPTER 1
THE OFFICE OF ETHICAL STANDARDS AND PUBLIC
ACCOUNTABILITY, PHILIPPINE ARMY
Section 1-1 History of OESPA, PA
1. Background. The Office of Ethical Standards and Public

Accountability (OESPA) was devolved to major service commands in late
1991. Subsequently, the OESPA, PA with three (3) branches namely:
Administrative, Intelligence and Investigation, and Legal Branch were
activated on 01 Oct 1991, based on Staff Memo Nr 3, Headquarters Philippine
Army dated 20 Sep 1991. Obviously, the organization of the office was
patterned after the existing organization at GHQ, AFP level.
In 29 October 1992, OESPA, PA was reorganized in combining

Statement of Assets and Liabilities (SAL) Section, Intel Section, Complaint &
Investigation Section under Intel and Invest Branch. Then, Graft Prevention
Section & Professional and Studies Section became under Professional &
Graft Prevention Branch based on Staff Memorandum Nr 4, HPA dated 29
October 1992.
After almost five (5) years of existence of OESPA, PA, the Statement
of Assets and Liabilities with Public Accountability was detached from
Intelligence and Investigation Branch as the independent section, rescinding
Staff Memo Nr 4 Staff Memo Nr 6, HPA, wherein this office was divided into
five (5) branches: Admin Branch, Public Accountability/Statement of Assets &
Liabilities Branch, Intel & Investigation Branch, Legal Branch, and
Professional Branch.
2. Role of OESPA. Several information campaigns were made to let the army
personnel have better understanding and appreciation of all legal, moral, and
ethical values, principles and rules, and other laws relevant to the
accomplishment of their missions.
Despite these great efforts, some officers and enlisted personnel still
get involved in some malpractices. While corruption can be found within the
mainstream of the society which some organizations may not avoid, the
OESPA, PA continuously encourages its personnel to rise above human
frailties and discard graft and corruption.
Section 1-2 Responsibility
The Army Chief Ethical Standards and Public Accountability is a

Personal Staff to the Commanding General, Philippine Army on matters to the
enhancement of professionalism, promotion honesty and integrity in the
military service, instilling ethical standards, and inculcating a strong sense of
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public accountability among military and civilian personnel in the pursuit of a

common commitment against graft and corruption in the Philippine Army.
Section 1-3 Activation of Office
On 03 October 1991, General Orders No.828 was issued activating the

Office of Ethical Standard and Public Accountability. Personnel and
equipment of this office shall be generated within the existing resources of the
Philippine Army.
Figure 1.1 Organizational Structure
Section 1- 4 Office Functions
1. To inquire and investigate complaints/reports of violation by military

and civilian personnel of the following existing laws, rules and regulations:
a. RA 6713 (Code of Conduct and Ethical Standards of Public

Officials and Employees) and the implementing rules thereof;
b. RA 3019, as amended (Anti-Graft and Corrupt practices Act);
c. RA 1379, as amended (an Act Declaring Forfeiture in favor of

the State of any Property Found to have been Unlawfully Acquired); and
d. Revised Penal Code, Title Seven, Crimes Committed by Public

Officer in relation to AW 94 (Various Crimes) and AW 95 (Frauds against the
Government) with regard to military personnel.
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2. To file and pursue civil, criminal, and administrative cases related to

acts violative of the above-mentioned laws.
3. To collect, analyze, and compile all sworn Statements of Assets and

Liabilities of military personnel and civilian employees of the PA.
4. To conduct education and information dissemination program among

PA personnel aimed to enhance professionalism.
5. To pursue organizational development process in line with eradicating

graft and corrupt practices.
6. To integrate and synthesize for the CG, PA all PA policies and

regulation and pertinent data related to OACESPA’s mission.
7. To carry out such other functions as CG, PA may direct.
Section 1- 5
Functions of the Army Chief, ESPA, Deputy Chief, ESPA, and Branch
Chiefs
1. Basic Function of the Army Chief, ESPA
a. Directly responsible to the Commanding General PA on matters

relative to the enforcement of anti-graft laws particularly RA 1379, RA 3019,
as amended and RA 6713, and pertinent provisions of the Revised Penal
Code and other laws and regulations to maintain good moral and ethical
standards of military personnel.
b. Advises the CG, PA on the status of graft cases and other

significant projects/activities within the cognizance of the office.
c. Directs and supervises the receipt, collection and evaluation of

sworn Statements of Assets and Liabilities of all military and civilian personnel
of the PA for determination of possible unexplained wealth.
d. Conducts periodic conferences on all problems, objectives,

plans and policies pertaining to the mission of the office.
e. Exercises overall supervision over the security system including

physical facilities of the office.
f. Submits periodic accomplishment report of the office to the CG,

PA.
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2. Basic Function of the Deputy Chief, ESPA
a. Assists the Chief in carrying out his duties and responsibilities

and acts in his absence.
b. Responsible for the general supervision and in coordination of

the functions of the Chiefs of the different branches.
c. Sees to it that all instructions, policies, plans, and guidance of

the Army Chief, ESPA related to the functions and mission of the office are
carried out.
d. Performs such other duties as may be directed.
3. Basic Function of the Chief, Administrative Branch
a. Advises and assists the Army Chief, ESPA in carrying out duties
and responsibilities on matters of administration of the office.
b. Ensures the enhancement of career development and welfare of

OACESPA personnel.
c. Supports other branches on requirements for personnel,

supplies, transportation, and other logistical requirements.
d. Prepares and implements the budgetary requirements of the

office.
e. Plans and coordinates all administrative matters for the efficient

and smooth functioning of the office.
f. Maintains record and processes clearances.
g. Ensures that all orders, memoranda, directives, instructions and

bulletins are in accordance with the policies, plans, and guidance of the Army
Chief, ESPA and those of the CG, PA.
h. Performs such other duties as the Army Chief, ESPA may direct.
4. Basic Function of the Chief, Intelligence and Investigation Branch
a. Gathers information or confirms otherwise unconfirmed

information/reports on alleged unethical and/or graft and corrupt practices by
PA personnel.
b. Investigates cases of unethical/graft and corrupt practices as

reported/referred to the office or discovered during inspection and intelligence
operations.
c. Gathers, collates, and keeps evidence.
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d. Undertakes liaising with the different government and non-

government agencies/entities.
e. Conducts technical investigation such as financial analysis of

the sworn Statement of Assets and Liabilities, appraisal and evaluation of real
or personal property, production and examination of documentary and
photographic evidence, and such other allied activities.
f. Performs such other duties as the Chief, OACESPA may direct.
5. Basic Function of the Chief, Legal Branch
a. Evaluates evidence and reviews records of investigation.
b. Prepares legal opinions as basis for Chief, OACESPA’s

decision.
c. Files cases before appropriate courts and then monitors the

same to its conclusion.
d. Procures and compiles legal documents and such reference

materials as may be necessary in the discharge of its functions.
e. Determines/categorizes cases for the purpose of its referral,

whenever warranted to cognizant office/units.
f. Conducts legal researches, collates and compiles reference

materials, and provides legal assistance as basis of OACESPA’s official
actions.
g. Performs such other duties as the Chief, OAESPA may direct.
6. Basic Function of the Chief, Professional and Graft Prevention

Branch
a. Plans, executes, and manages OAESPA projects and programs

related to the professionalization of the Philippine Army.
b. Initiates projects and develops training programs and doctrines

to enhance military professionalism and instill ethical standards in accordance
with the AFP Code of Ethics.
c. Conducts research on the following:
1) Systems Review and Improvement
2) Organization Climate/Culture Building
3) Quality of Life Improvement/Self-Reliance
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4) Organizational Development/Renewal Action
d. Performs such other duties as the Army Chief, ESPA may direct.
7. Basic Function of the Chief, Public Accountability/Statement of

Assets and Liabilities (SAL) Branch
a. Collates and compiles SAL of all military personnel and

permanent civilian employees as required by law.
b. Maintains a ten-year SAL records file and transmits to

OAAG/OTAG all SALs that are more than ten (10) years old.
c. Requires completeness of SAL for evaluation as basis for the

issuance of appropriate clearances, when warranted.
d. Conducts a cash flow analysis of SAL of all military

personnel/permanent civilian employees who are under investigation for graft-
related offenses and in compliance to CSAFP directive on periodic reviews of
SAL.
e. Recommends the investigation of military personnel found liable

for possible unexplained wealth and for the prosecution of those who have
failed to file SAL.
f. Educates military personnel/permanent civilian employees on

the correct filing of SALs.
DS AND P
DAR UB
AN
T
LIC
F ETHICAL S
ACCOUNTABI
EO
IC
ITY
L
F
OF
1991
Figure 1.2 Logo Seal of Office of Ethical

Standards and Public Accountability
The OESPA LOGO with the following symbols:
a. The Circle – represents the unending quest for

professionalization and modernization in the Philippine Army.
b. The Five Rays – represent the five (5) AFP Core Values: Honor,
Loyalty, Valor, Duty and Solidarity.
c. The Book – stands for the Code of Ethics and continuous search
for knowledge.
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d. The Justice Symbol – in charge with the responsibility to uphold

public accountability.
e. The Pillars – OESPA is a major pillar in the entire organization

of the AFP. It is one of the major structures that will support the propagation of
ethical values.
f. The Sampaguita Leaves – represent honors and distinctions of

office.
g. 1991 – the year of OESPA, PA’s foundation.
h. Green – stands for the Philippine Army in its unwavering support

to protect the heritage of valor and freedom for the glory of the Filipino people.
i. Yellow Gold – represents the office commitment to uphold

military tradition through professionalism.
j. Black – letters and numbers in bold type signify the officers and
men of OESPA of their noble tasks of defending and enhancing the
greatness, honor and dignity of the Filipino soldiers. (Ref: The Anniversary
Issue of “The Decorum” October 2000.)
Sec 1-6 OFFICE OF ETHICAL STANDARDS AND PUBLIC

ACCOUNTABILITY AT PAMU LEVEL
1. Responsibility
The Office of Ethical Standards and Public Accountability, Philippine

Army Major Unit (PAMU) is a Personal Staff to the Commander/Head of
PAMUs of the Philippine Army on matters pertaining to the enhancement of
professionalism, promotion of honesty and integrity in the military service,
instilling the ethical standards and inculcating a strong sense of public
accountability among Philippine Army Major Unit (PAMU) personnel in the
pursuit of a common commitment against graft and corruption.
2. Functions
a. Implementation, integration, internalization of AFP Code of

Ethics and Army Core Values in the PAMU.
b. Inquires and investigates complaints/reports of violation by

military and civilian personnel of the following existing laws, rules and
regulations:
1) RA 6713 (Code of Conduct and Ethical Standards of

Public Officials and Employees) and the implementing rules thereof;
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2) RA 3019, as amended (Anti-Graft and Corrupt practices

Act);
3) RA 1379, as amended (an Act Declaring Forfeiture in

favor of the State of any Property Found to have Been Unlawfully Acquired);
4) Revised Penal Code, Title Seven, Crimes Committed by

Public Officer in relation to AW 94 (Various Crimes) and AW 95 (Frauds
against the Government) with regard to military personnel; and
5) 5. RA 8353 (Otherwise Known As An Expanding

Definition of the Crime of Rape, Reclassifying The Same as a Crime Against
Persons, Otherwise Known As the Revised Penal Code, and for Other
Purposes).
6) RA 9262 (Violence Against Women & Children) and

Domestic related offenses.
c. Collects, analyzes and compiles all Sworn Statements of Assets

and Liabilities of military personnel and civilian employees of the PAMU and
prepares for submission to higher HQ;
d. Conducts education and information dissemination program

among PAMU personnel aimed at enhancing professionalism;
e. Pursues organizational development process in line with

eradicating graft and corrupt practices; and
f. Integrates and synthesizes for the PAMU Commander/Head all

HHqs/AFP/PA policies and regulations and pertinent data related to PAMU
ESPA’s mission.
3. Organization
a. The Office of the Ethical Standards and Public Accountability,

PAMU is organized as follows: (Enclosure 1 – Organizational Chart)
1) Executive Section (ES)
2) Administrative and Investigation Section (AIS)
3) Public Accountability/SALN Section (PA/SS)
4) Professional & Graft Prevention Section (PGPS)
b. Personnel Allowance (Enclosure 2 - Recapitulation of Total

Personnel Allowances by Grade)
c. Personnel Allowance (Enclosure 3 - Office Manning Document)
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d. Table of Equipment (Enclosure 4 - Equipment Allowance)
4. Specific functions
a. Chief, OESPA, PAMU
1. Responsible directly to the PAMU Commander/Head on

matters relative to the enforcement of anti-graft laws particularly RA 1379, RA
3019, as amended and RA 6713 and pertinent provisions of the Revised
Penal Code and other laws and regulations to maintain good moral and
ethical standards of military personnel.
2. Advise the PAMU Commander/Head on the status of

graft cases and other significant projects/activities within the cognizance of
the office.
3. Direct and supervise the releasing and collecting of

Sworn Statement of Assets and Liabilities of all military and civilian personnel
of the PAMU, and
4. Conducts, presides conferences on all problems,

objectives, plans.
b. Deputy Chief
1. Assists and advises the Chief, OESPA, PAMU in carrying

out his functions;
2. Acts as the PAMU OESPA in the absence of the

incumbent.
3. Directs, supervises, coordinates and integrates the

activities of the functional sections of OESPA to ensure that they are complete
and coordinated to produce the intended actions.
4. Keeps the Chief, ESPA, PAMU informed on all matters

concerning the operations of the office; and
5. Oversees the efficient and effective operation of the office

and the performance of the prescribed duties of all office personnel.
c. Chief, Administrative and Investigation Section
1. Performs staff coordination and supervises all personnel

and administrative matters of the office;
2. Provides administrative and logistical support to

functional sections;
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3. Responsible for the maintenance and utilization of

supplies, equipment and facilities;
4. Administers the Maintenance and Other Operating

Expenses (MOOE) of the office;
5. Attends to all administrative communications and routine

matters not pertinent to any other section;
6. Prepares, updates and formulates plans and

administrative systems for more efficient use of time, improved work flow and
proper motivation of personnel;
7. Maintains the efficient record management and operates

the message center to ensure proper handling of all communications.
8. Gathers information or confirms otherwise unconfirmed

information/reports on alleged unethical and/or graft and corrupt practices by
PAMU personnel;
9. Investigates cases of unethical/graft and corrupt practices

as reported/referred to the office or discovered during inspection and
intelligence operations;
10. Gathers, collates and keeps pieces of evidence;
11. Undertakes liaising with the different government and

non-government agencies/entities.
12. Investigates cases of violations against RA 9262

(Violence Against Women & Children) and domestic related offenses.
d. Chief, Professional & Graft Prevention Section
1) Plans, executes and manages PAMU OESPA projects

and programs related to the professionalization of the Philippine Army.
2) Initiates projects and develops training programs and

doctrines to enhance military professionalism; instill ethical standards in
accordance with the AFP Code of Ethics.
3) Conducts research on the following:
(a) Systems Review and Improvement
(b) Organization Climate/Culture Building
(c) Quality of Life Improvement/Self-Reliance
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(d) Organizational Development/Renewal Action
e. Chief, Public Accountability/SALN Section
1) Collates and compiles SALN of all military personnel and

permanent civilian employees as required by law and prepares for submission
to higher HQ.
2) Maintain an electronic and hard copy of ten-year SALN

records;
3) completeness of SALN for evaluation as basis for the

issuance of appropriate clearances, when warranted;
4) Recommends the investigation of military personnel and

civ employee found liable for possible unexplained wealth and for the
prosecution of those who have failed to file SALN;
5) Educates military personnel and permanent civilian

employees on the correct filing of SALNs.
ENCLOSURE 1 – OFFICE OF ETHICAL STANDARDS AND PUBLIC

ACCOUNTABILITY (PAMU LEVEL)
1 5
OESPA, PAMU
1 2 2 1
EXEC SEC ADMIN & INVES PROF & GRAFT PA/SALN
SEC PREVSEC SEC
LEGEND:
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CHAPTER 2
OTHER REGULATIONS, POLICIES AND DIRECTIVES
Section 2-1 Transitional OESPA Structure below the Major Services
On 09 July 1992, the General Headquarters (GHQ), Armed Forces of the

Philippines (AFP), Camp General Emilio Aguinaldo, Quezon City issued a letter
directive regarding transitional Office of Ethical Standards and Public Accountability
(OESPA) structure below the Major Services. Accordingly, the propagation of the
Code of Ethics would understandably require a structure more extensive than the
present organization of the OESPA, which so far extended down only the Major
Services.
The following were stated:
1. All deputies or executive officers, in their absence of all central, personal,

special, technical staffs of the GHQ, the Major Services, Area Commands, and AFP -
Wide Service Support Units (AFPWSSUs) shall be designated Ethical Standards and
Public Accountability (ESPA) Officers to undertake the ESPA function of propagation
and monitoring at their levels;
a. All deputies or executive officers, in their absence, of all units at all

levels under the Major Services, Area Commands, and AFPWSSUs shall also be
designated ESPA Officers to undertake the same functions in their respective units
and respective levels;
b. In the instances where there are no deputies or executive officers, any

available officer, preferably with intelligence or Civil Military Operation (CMO)
background may be tasked to perform the duties of the ESPA officer in addition to
his principal functions;
c. At the Army Infantry Division level, or its equivalent in the other

services, an ad hoc committee of at least five officers may be created and tasked to
translate the Code of Ethics into Filipino within the period of three (3) months from
the date of its publication of this directive so that the consequent vernacular versions
may be approved, printed, and utilized in the propagation of the Code of Ethics in the
Unit itself.
d. Monitoring entails only a recording and reporting activity by the ESPA

officer to be sent to C, OESPA, AFP coursed through the regular OESPA channels
of communication. Consolidated reports from the Major Services, Area Commands,
and the AFPWSSUs shall be submitted quarterly. Reviews of ESPA performance
shall be made twice a year. These activities will serve as baseline data for planning
of ESPA activities and strategies.
e. Support for this structure shall be taken in the interim from unit
Maintenance and Operating Expenses (MOEs) until the units can recommend
specific allocations based on their working experiences.
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Section 2-2 Amended Discipline, Law and Order Information System

Guidelines
1. Background. The Discipline, Law and Order Information System (DLOIS)

became operational effective 01 May 2005 and it was observed that it really helps a
lot to achieve its purpose particularly in personnel management. However, the
DLOIS’s growth into universality would be abnormal without experiencing birth pains
and critiques. Thus, it necessitates the formulation and implementation of enabling
policies in order to address observed shortcomings and to further strengthen the
system. Thus, on 04 September 2006, the Headquarters, Philippine Army issued a
policy concerning amended DLOIS guidelines to be observed. Its references were as
follows:
a. Philippine Army DLO Clearance System Operational Guidelines dated

12 January 2005.
b. Delineation of Duties and Responsibilities.
c. OAIG, OG1, OAPM, OAJA, OESPA, and OAAG Office Memo.
d. OAIG Observations and After Conference Report.
2. Objective. The main objective of this policy is to provide guidelines and

procedures to be followed in the disposition of referred cases and the
interrelationship of the different investigating offices/units from Headquarters
Philippine Army (HPA) level down to the Division level, or their equivalent, on
matters concerning the DLOIS.
3. Office Relations and Responsibilities.
a. OG1, PA:
1) Responsible for the review, study, formulation, and

implementation of policies, regulations, orders, and SOPs relative to military justice
and discipline.
2) Responsible for the general monitoring in the disposition of all

referred cases under investigation as encoded in the DLOIS database.
3) Receives, reviews, studies, and recommends appropriate

actions on all appealed cases, cases forwarded for confirmation (demotion or
discharged), and determination/characterization of the mode of discharge (MOD).
4) Responsible for the general operations of the DLOIS and

programming of maintenance funds.
5) Receives monthly status of cases submitted by PA Major

Subordinate units and uploads same report to the system.
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6) Responsible for the update of cases referred to and deliberated

by the Efficiency and Separation Board (ESB).
7) Furnishes the investigating office/PA Major Subordinate Units of

Command approved Disposition Form of DF (resolutions).
b. Office of the Army Inspector General (OAIG):
1) Investigates and recommends appropriate disposition on all

cases that falls under its function such as cases affecting-performance of mission,
utilization of resources, operational readiness, discipline, morale, and welfare of
personnel.
2) Conducts special investigations on cases/incidents as expressly

desired by CG, PA.
3) Heads or sends representative/s in the conduct of

board/committee inquiries.
4) Encodes/updates cases investigated and cases recommended

for investigation by other investigating office/units into DLOIS.
5) Submits monthly status of cases to OG1, PA for reference and

update.
c. Office of the Army Provost Marshal (OAPM):

cases that falls under its functional jurisdiction, such as cases involving the violations
of the Articles of War, Command policies, directives and SOPs, and other related
laws.
2) Conducts special investigations on cases/incidents as directed

by the Command.
3) Heads or sends representatives in the conduct of

board/committee inquiries, as appropriate/necessary.

5) Submits monthly status of cases to CG, PA for reference and

update.
6) Reviews reports of investigations conducted by PA subordinate

Units for final action of CG, PA and submits recommendation to the latter.
7) Issues general alarm for apprehension of stragglers, insular

prisoners, deserters, escape military personnel, and personnel declared AWOL.
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d. Office of the Army Ethical Standard and Public Accountability

(OAESPA):

cases that falls under its function such as cases involving graft and corrupt practices
and related cases/incidents.

by the Command.
3) Heads or sends representatives in the conduct of


5) Submits monthly status of cases to OG1, PA for reference and

update.
e. Office of the Army Judge Advocate General (OAJAG):
1) Reviews, studies, and recommends appropriate legal

advices/remedies/actions on all cases referred by OG1, PA and other offices/units.
2) Renders legal advice and assists other investigating offices/units

in just and speedy resolution of cases.
3) Reviews and studies merits of appealed cases and recommends

appropriate actions to OG1, PA.

by the command.
5) Heads or sends representative/s in the conduct of

6) Monitors DLOIS operations.
7) Encodes cases investigated and cases recommended for

investigation by other investigating office/units into DLOIS.
8) Submits monthly status/disposition (referred/received and

resolved) of cases to OG1, PA
9) Responsible for the DLOIS updates of cases referred to and

under General Court Martial (GCM) litigation.
f. Office of the Army Adjutant General (OAAG):
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1) Primarily responsible for issuing the DLOIS Clearance, to the

exclusion of the other investigating body/offices involved in the DLOIS.
2) Responsible for the administration and operations of system

equipment in the issuance of Discipline, Law and Order (DLO) Clearances.
3) Coordinates with offices/units concerned re: clarifications on

DLOIS entries.
4) Issues appropriate order/letter regarding resolved cases.
5) Submits weekly report to OG1, PA on the names, nature of

case, and number of issued clearances.
g. Office of the Army Management and Information Center (AMIC) now

Network Enterprise Training Center (NETC) :
1) Responsible in the maintenance of the DLOIS database

software, equipment, and peripherals.
2) Ascertains the security of the system.
h. Respective Ones of the PA Major Subordinate Units:
1) Submits monthly status/disposition (referred/received and

resolved) of cases to OG1, PA.
2) Updates cases under their Command.
4. Guiding Concepts and Policies.
a. “The office/unit that investigates has the sole responsibility in encoding

the case in the DLOIS.”
1) The unit that investigates the case, based on the delineation of

functions, shall be responsible in determining the nature of the case, its encoding,
and dropping in the system.
2) Cases referred to counterpart/co-equal appropriate investigating

office/unit should not be encoded, but cases referred to subordinate counterpart
office/unit should be.
3) Cases referred by subordinate units for confirmation shall be

encoded by OG1, PA and/or receiving counterpart office/unit, unless same was
already encoded by subordinate unit/office and correspondingly captured by the
system.
b. “Encoding upon acquiring jurisdiction/recognition of the cases.”
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1) Encoding and giving the appropriate title of the case and its
specific nature shall be the direct concern and responsibility of the chief of office/unit.
The case is considered recognized upon issuance of an order/directive for
investigation and/or start of investigation.
2) Anonymous complaints shall not be encoded, unless

investigating office/unit established compelling reason to believe on the truthfulness
of the complaint after gathering and confirming the facts presented through initial
investigation/inquiry and/or study of supporting documents.
3) All cases filed by the unit/command against specific respondent

shall automatically be encoded.
c. “Concept of direct addressee and respondent.”
1) In administrative cases, only named/identified respondents in

the complaints should be encoded in the system database to the exclusion of other,
unless the complaint is addressed as et al. Inclusion of other names mentioned in
the narration of the incident/case can only be made upon recommendation of the
investigating office/unit and approval of appropriate authority after the conduct of
formal investigation. Accessories, accomplices, and/or other
participants/respondents should only be encoded after the conduct of formal
investigation, if evidence so warrants.
2) In criminal cases, suspected principals, accessories,

accomplices, and/or other mentioned participants should all be encoded as deemed
necessary by the investigating office/unit.
3) Both in criminal and administrative cases, direct addressee is

considered not the direct respondent if after studying the complaint it was evident
that the person being complained was the one mentioned in the narration of the
case/incident and not the one whom the complaint is addressed to. Hence, the name
of the addressee should not be encoded but that of the specific respondent only.
Example, the complaint is addressed to a commander, officer, and/or NCO of the
person being complained.
d. “Observe inter-office mutual respect and utmost courtesy on cases filed

through forum shopping.”
If a case involving same nature of offense and respondent was referred to

different investigating offices/units, the first office/unit who resolved and whose
recommendation was approved by the Command should be respected. If new
evidence were presented by the complainant/s, he/she/they must be advised to file
an appeal to the office that previously investigated the case.
5. Administrative Sanctions.
Personnel found tampering DLOIS data shall be charged appropriately by

their immediate commander with the maximum punishment of trial before the ESB
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for officers, discharged from the service for enlisted personnel, and separation/no re-
contract for civilian employees.
6. Encoding, Finality, and Clearing of the Case
a. Steps to be observed/followed in encoding:
1) Complaint/allegation is received, recorded (as reference file),

and evaluated by the office.
2) It shall not be encoded if it needs to be referred to other office

based on the delineation of functions.
3) Chief of Office shall determine the nature of the case through his
staff.
4) After determining the nature of the case, Branch Chief

concerned in the DLOIS operations shall direct, in written form, the assigned DLOIS
encoder to encode the case. DLOIS encoder shall file this written directive/order as
his/her reference. In no instance, the encoder shall encode or delete entries without
this written authority/reference.
5) Updates of records shall have the same authority/reference.
b. Finality of the Case:
1) HPA investigating offices (OAIG, OAESPA, and OAJA) shall

update DLOIS data upon receipt of CG, PA approved DF. All approved
recommendations shall be entered into the DLOIS as remark/s corresponding to the
investigated nature of case.
2) Cases referred to, recommended for, deliberated, and/or under

litigation of ESB and GCM shall be updated by OG1, PA and OAJA respectively. If
resolved, all recommendations approved by CG, PA shall be entered into the DLOIS.
3) Cases referred by PA Major subordinate units for confirmation

(demotion and discharged) and determination of MOD (cases of AWOL) shall be
updated by the concerned PA Major subordinate unit upon receipt of order from
OAAG and copy of CG, PA approved DF whichever is appropriate.
4) All cases which were favorably resolved for the respondents

shall not appear in the issued DLO clearance.
c. Clearing requirements:
1) Recommendation of investigating office/unit. Investigating

unit/office which investigated the case has the authority to drop/delete records in the
DLOIS on cases which gain favorable resolutions and Command approved
recommendations:
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2) Duly authenticated resolution of the case;
3) Unit recommendations and/or;
4) Formal request of the respondent.
Table 2-1 Functional Relationship of OESPA, AIG, APM, & AJA

(GHQ Letter Directive dated 30 September 1999, subject: Delineation of
Functions of the IGS, OESPA, PM and JAGS in the AFP)
FUNCTION OESPA AIG APM AJA

Ethical Unit
Order and
Standards and Readiness
Advise safety inside Legal matters
Public and
camp
Accountability Discipline
Prosecution Prosecute Prosecute Prosecute
Disturbance of
Viols of RA peace and
Prepares
3019, RA 1379, order, crimes
charges on
RA 6713, and Viols of AFP against person
complaints
pertinent Policies and and property,
Cases received from
provisions of breach of vehicular
Investigated OESPA, AIG,
the Revised unit accident, and
and APM.
Penal Code and discipline. breaches of
Renders
major AFP individual
legal opinion.
Policies. soldier’s
discipline.
Section 2-3 Pending Case (GHQ Ltr Dir dtd 18 Sep 1974)
General Headquarters, AFP, issued a letter directive dated 18 September

1974 concerning the uniform application of the term pending case to avoid undue
harassment against military personnel by the filing of malicious complaints. Thus,
pending cases were classified into the following: Pending criminal case; Pending
court –martial case; and Pending administrative case.
For all intents and purposes, a pending case exists under the following
circumstances:
a. There is pending criminal case from the date the complaint/information

is filed in civil court;
b. There is a pending court – martial case from the date the case is
referred to the Trial Judge Advocate (TJA) for trial; and
c. There is a pending administrative case from the date administrative

complaint is referred by the proper authority to an ESB or any discharged body for
hearing.
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Military personnel should only be denied clearance on the pending case(s)

when any of the condition(s) defining “pending case” as provided for in para 3 above
is/are satisfied.
Section 2-4 Pending Cases (HPA Ltr Dir dtd 26 Sep 2008)
Headquarters, Philippine Army, issued a letter directive on 26 September

2008 regarding the uniform application of the term “pending case” to avoid undue
harassment from malicious complaints which are detrimental to the growth and/or
career advancement of military personnel.
A case is considered pending under the following circumstances/instances:
a. There is a pending administrative case when one is referred by the

appropriate authority to an ESB for trial.
b. There is a pending court-martial case from the date of referral of the

charge to the TJA for trial.
c. There is a pending criminal case from the date of filing of

information/complaint before the civil court (whether MCTC, MTC, RTC,
Sandiganbayan) by the Prosecutor, Municipal Judge, Ombudsman who conducted
the preliminary investigation.
d. A complaint filed before the Office of the Ombudsman is already

considered a pending case. The office has the power, functions, and duties to
investigate any illegal act or omission committed by public officials or employees and
may impose administrative sanctions such as removal, suspension, demotion, fine,
censure or prosecution (Sec 13, Art XI, 1987 Constitution).
On the other hand, the following shall not be interpreted as pending case:
a. Mere filing of administrative complaint and/or under investigation of any

investigative bodies of the Philippine Army.
b. Under Pre-Trial Investigation (PTI).
c. Complaint filed and pending resolution before the Prosecution Office.
With the above considerations, issuance of the DLOC shall indicate the
following remarks, whether it is a “pending investigation” or “pending case”.
Pending investigation, as distinguished from pending case, shall not affect
promotion, ETAD, reenlistment, schooling (local/abroad), reassignment, positioning
to key or sensitive position, and loan.
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Section 2-5 Dispositions of Anonymous Complaints/Reports
The Standards Operating Procedure (SOP) Number 1, OESPA, GHQ dated

28 March 1993 was issued to establish a procedure in handling of anonymous
complaints/reports filed against AFP military and civilian personnel. This was issued
to protect AFP personnel from undue harassment. Only meritorious anonymous
complaints/reports shall be taken cognizance of and shall be thenceforth
investigated. To be considered meritorious, the complaint must satisfy any of the
following conditions:
a. Upon initial verification, the complaint contains correct names, and

addresses of witnesses;
b. The complaint has supporting documents/evidence that could be

verified and obtained from offices or persons mentioned in the complaint;
c. The anonymous complaint gives sufficient leads to pursue

investigation.
Anonymous complaints/reports that are not meritorious shall be dismissed

outright. However, they shall be filed for future reference. These reports should be
removed from the files after three (3) months of inactivity and should not stop the
issuance of clearance.
Complaints/reports, meritorious or not, containing allegations with bearing on

national security shall be referred to cognizant offices/agencies for
investigation/appropriate action. These complaints shall be terminated within six (6)
months.
Section 2-6 Investigative Jurisdictions over Certain Cases
This Memorandum was issued in consonance with guidelines issued during

OESPA Command Conference held at Armed Forces of the Philippines
Commissioned Officers Club (AFPCOC) on 18 August 1993. In order to decongest
OESPA, AFP of numerous cases, the OESPA of the respective Major Services shall
investigate respondents with the rank of LIEUTENANT COLONEL and below except
those involved in serious anomalies involving P1M or more. The OESPA, AFP, on
the other hand, shall retain the investigation of major cases.
This memorandum shall not divest OESPA, AFP of its prerogative to review
cases resolved at the lower level of the OESPA, AFP and to file and prosecute cases
with the Office of the Deputy Ombudsman for the Military and other Law
Enforcement Offices (OBM-MOLEO).
The Chief, OESPA, PA is enjoined to submit quarterly report on the status of

cases indicating the names of respondents, the nature of the cases, the date of the
complaint, and the date and course of action taken.
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Section 2-7 Incorporation of pending and resolved cases in the Summary of

Information (SOI)
1. Background. The Personnel Information System (PIS) has been an effective

tool for career development of Military/Civilian Personnel of the Philippine Army. One
of its forms is the Summary of Information (SOI) which has been a complete
reference in all military transactions such as promotion, schooling, placement and
assignment. Likewise, the DLOIS as a separate system is used by the army to
address the growing concern for the availability of reliable and efficient management
system for data storage, statistical analysis, and record tracking of all cases involving
personnel and civilian employees of the Philippine Army. With the two interrelated
systems, there is a need to integrate both systems for the purpose of consistency of
records and their output (SOI and DLOCC) and at the same time, to improve the
integrity and accuracy of their data.
2. Purpose. This Directive prescribes the standard policy in the incorporation of

pending and resolved cases in the SOI of active military personnel in the Philippine
Army.
3. Definition of Terms.
a. Summary of Information – A summary report of important information

about a particular PA Officer and EP that includes among others, his personal
characteristics, family background, educational attainment, military career, service
records, and social affiliations.
b. Discipline, Law and Order Clearance Certificate (DLOCC) – clearance

issued by the command that reflects the status of cases of its personnel.
c. Dropped Cases – disposition laid down by an investigating office on a

complaint filed before it and clearing the same as dropped because of but not limited
to the following instances:
1) Lack of jurisdiction;
2) Lack of sufficient evidences;
3) Charges are unfounded or lack of legal basis;
4) The case was already resolved.
d. Closed Cases – the case is considered closed when after investigation,

the accused has been exonerated, convicted or acquitted by competent authority.
e. Pending Cases – for all intents and purposes, a case is considered

pending when:
1) A criminal case has been filed before any court of law or GCM.
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2) An administrative case has been filed before the PA ESB.
3) A case under investigation pursuant to circular 17, GHQ, AFP

dated 02 Oct 87, subject: Administrative Discharge prior to ETE in case of enlisted
personnel.
f. Resolved Cases – the case has been decided by competent authority

with finality.
4. Policies.
a. Pending Cases – all pending cases shall be reflected on the SOI (para
18 for officer and para 16 for EP) indicating therein the violated Articles of War (i.e.
AW 62 – AWOL or AW 97 – General Articles) and not the specific offense as to
maintain confidentiality on the part of the respondent.
b. Resolved Cases (dropped) – all resolved cases that are considered

dropped shall no longer be reflected in the SOI.
c. Resolved Cases closed – when after the investigation the accused has
been convicted by competent authority with finality, the case shall be reflected in
the SOI.
d. Resolved Cases closed – when after the investigation the accused has
been exonerated or acquitted by competent authority with finality, the case shall not
be reflected in the SOI.
e. If in any case that an erroneous entry was reflected in the SOI, the
concerned personnel shall inform the concerned encoding office (APM, OESPA,
AIG, DLO-OG1, OAJAG) through personal letter or radio message. The encoding
office shall ensure that the requesting personnel shall be informed accordingly as to
corrections made in the SOI.
f. If in any case that an intentional tampering was made on the DLOIS,

concerned encoder shall be dealt with accordingly by the Command.
Section 2-8 Conduct of lecture on AFP Code of Ethics and Graft Prevention by
the PA line Units
A Letter Directive dated 10 March 2008 was issued concerning the conduct of
lecture on Code of Ethics and Graft Prevention pursuant to AFP Professionalization
Plan (PROPLAN). This lecture intends to make the army soldiers truly professional
and model of integrity in the government service emphasizing the Code of Ethics and
graft prevention measures to eradicate graft and corruption throughout the
organization. The said lecture is in consonance with the policy of higher
headquarters to promote information dissemination program relative to provisions of
the Code of Ethics and Graft Prevention in the AFP.
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In line with this and in order to avoid incurring too much expenses while
attaining the objective of this lecture, all PA units in the field (Inf Div, Engr Bdes,
Combat Service Support units) through their respective Chief, ESPA were directed to
conduct lecture twice a year to start on the month of June 2008 and on Oct 2008.
They are required to follow the schedule of activities that was prepared by OESPA,
PA. All concerned units were required to tap the services of their respective Staff
Judge Advocate (SJA) and Chaplain in the conduct of each scheduled lecture to
teach on laws related to graft prevention and spiritual enlightenment.
All Units concerned (Infantry Division, Engr Bdes, and Combat Service
Support Units PA-wide) were further required to submit to OESPA, PA their after-
activity report for each lecture that has been conducted with attached pictures to be
further submitted by this office to higher headquarters.
Section 2-9 Amended Policy on the Conduct of lectures on AFP Code of Ethics
and Graft Prevention by the PA line Units
HPA Letter Directive dated 29 April 2011 was issued as the OESPA, PA is
tasked to continue the conduct of lectures on the Code of Ethics and Graft
Prevention pursuant to its mandate to enhance/propagate professionalism among
the Philippine Army personnel. The said lectures are in consonance with the policy of
higher headquarters to promote information dissemination program relative to the
provisions of the Code of Ethics and other laws related to graft and corruption.
The significant features of the new directive are as follows:
a. The conduct of lectures or dissemination will be down to detachment

level. (HPA Letter Directive dated 10 March 2008 did not specifically state the level
of Command the lectures on the AFP Code of Ethics, graft prevention, and spiritual
enlightenment are to be conducted).
b. The maximum participation of key personalities such as the

Commanders, Chiefs of Offices, officers, Sgt Majors, F/Sgts, and Chief Clerks in the
lectures in such a way that the issue of lack of sensitivity and full awareness of our
troops to follow and observe what are morally and legally acceptable as provided for
by laws, rules & regulations, and as embodied in the AFP Code of Ethics is
effectively addressed. Key personalities of PA Units should strengthen the
foundation of their moral values and ethical behavior by attending
lectures/information dissemination as they are expected to exemplify leadership by
example to their men and subordinates. (Previous letter directive did not specifically
require the maximum attendance of key personalities like the Commanders, Chiefs
of Offices, officers, Sgt Majors, and Key NCOs).
c. The conduct of lectures will be done on a monthly basis yearly and

every year thereafter until all units under their respective Commands have been
visited. (Previous letter directive stated that the concerned PA Units were required to
conduct lecture only twice a year).
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d. The composition/organization of the Unit’s speakers bureau shall not

be limited to Unit’s SJA, Chaplain, and Chiefs, OESPA. They are encouraged to
invite any persons who are qualified to teach on the subject matter, more particularly
RA 3019, also known as Anti-graft Corrupt Practices; RA 6713, also known as Code
of Conduct and Ethical Standard of Public Officials and Employees; other related
laws; Vices & Virtues; AFP Code of Ethics; and Managerial Ethics and Good
Governance. (Previous letter directive specified that the concerned PA Units were
required to tap the services of their SJAs and Chaplain for each scheduled lecture.
Proposed directive gives the concerned PA Units a wide discretion pertaining to the
invited lecturers).
e. To conduct separate lectures for officers and enlisted personnel. This

is to determine the manner and appropriate approach to be used by the lecturers in
the assigned subject matters. (Previous letter directive did not provide the distinction
as to how the lectures are to be conducted where Commanders, Chiefs of Offices,
officers, Sgt Majors, and enlisted personnel are present as participants).
f. The consolidated After-Activity Reports of Infantry Divisions/Engr

Bdes/other concerned units must consist of the After-Activity Reports of their
subordinate units in the field and must reach this Headquarters NLT 30th day of the
last month of every quarter.
Section 2-10 Anti-scalawag Campaign by the AFP
The Republic of the Philippines, Department of National Defense, Camp

General Emilio Aguinaldo, Quezon City issued a memorandum dated 30 Oct 1993
addressed to Chief of Staff, AFP in connection with the recent involvement of military
elements in criminal activity. As stated in that memorandum that its involvement
indicates a slackening of the AFP’s campaign against scalawags. The situation drew
negative reactions from the public including the media which claimed among others,
that almost all major crimes involved active or former military men or policemen. This
has caused no less than the President to order for a renewed drive against
scalawags/rouges in uniform. In this connection, the following are desired to be
done:
a. The AFP shall revitalize its anti-scalawags campaign by harnessing its

intelligence and counterintelligence resources in reintensifying the operation of the
Task Force HAMMERHEAD which was organized to identify active and former
military element engaged in criminal activities; and enhance coordination with law
enforcement agencies in the neutralization and prosecution of said scalawags.
b. The Code of Ethics shall be emphasized in the regular Military Values

and Education (MILVED) programs and in the Troop Information and Education (TI &
E) sessions. Particular attention must be given to Article III (The AFP Creed) and
Article V (Military Professionalism).
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Section 2-11 Professionalization Campaign
The Republic of the Philippines, Department of National Defense, GHQ, AFP,

Office of the Chief of Staff, Camp Emilio Aguinaldo, Quezon City issued a letter
directive dated 12 November 1993, on the subject: Professionalization Campaign.
This directive was made due to some media reports that account for certain
misguided members of the AFP allegedly having been figured in criminal activities.
As stated, proven true or otherwise, it is the paramount interest of the Command that
every single individual of the AFP organization must be reminded of his duties and
responsibilities as mandated under the Code of Ethics.
GENERAL LISANDRO C ABADIA, former Chief of Staff, AFP directed the

intensification of the AFP’s professionalization campaign by giving emphasis on
Article III (Then AFP Creed) and Article V (Military Professionalism) of the AFP Code
of Ethics in regular MILVED programs and during TI & E sessions. This directive
instructed all Chiefs of the Major Services, OESPA to monitor and report compliance
hereof.
Section 2-12 Investigation Procedures

(Sec 6, Art VII of the AFP Code of Ethics/AFP Military Justice System
Handbook, OESPA, AFP dated 1993, page 8 on Disposition of Cases)
a. If the offenses committed by any person subject to military law, taking

into consideration the nature and gravity of the offense, the time and place of its
commission, the person committing it, and the other circumstances surrounding the
commission of the offense which cannot be disposed without court-martial
intervention, the conduct of the investigation shall be in accordance with the
provisions of AW 71 and Sec 35 of the Manual of Court Martial (MCM).
b. If the offense consists of acts and omissions which can be disposed of

administratively without need of court martial intervention, the conduct of
investigation shall be as prescribed under AW 105, as amended, or EO 337 dated 13
Sep 88 or in the other pertinent AFP Rules and Regulations, whichever is applicable.
c. If in the course of the investigation, it appears that commission of the

offense resulted to the acquisition of property considered to have been unlawfully
acquired as specified in RA 1379, the disposition of the unlawfully acquired property
shall be as prescribed in the law.
Section 2-13 Memorandum of Agreement
On 26 January 2004, a Memorandum of Agreement was entered into by and

between the following offices: The Office of the Ombudsman, with its OMB-MOLEO
with office address at Office at the Ombudsman Building, Agham Road, Quezon
City, herein and represented by the Tanodbayan, HON. SIMEON V. MARCELO and
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The AFP, through its Office of Ethical Standard and Public Accountability (OESPA),
with office address at GHQ, AFP, Camp Emilio A. Aguinaldo, Quezon City, and
herein represented by the Chief of Staff, GEN NARCISO L ABAYA AFP and The
Commission on Audit (COA), with office address at Commonwealth Avenue, Quezon
City, and represented by Chairperson, HON. GUILLERMO N. CARAGUE. The bases
of this memorandum are the following:
a. The Constitution mandates that the State maintain honesty and

integrity in public service and take positive and effective measures against graft and
corruption;
b. The Constitution requires the public officers and employees to, at all
times, be accountable to the people, serve them with utmost responsibility, integrity,
loyalty, efficiency, act with patriotism and justice, and lead modest lives;
c. The Office of the Ombudsman, a constitutional office, was formed and

organized by virtue of Republic Act No. 6770 to act as the protector of the people,
and in the exercise of its functions and duties, act promptly on complaints filed in any
form or manner against officers or employees of the government owned or controlled
corporations, and enforce their administrative, civil, and criminal liability in every
case where the evidence warrants in order to promote efficient service by the
government to the people;
d. The Office of the Deputy Ombudsman is the lead agency in the war
against graft and corruption with the ultimate objective of restoring integrity and
efficiency in the government service;
e. The OMB-MOLEO exercises jurisdiction over members of the military

and other police or law enforcement offices in cases of graft and corruption;
f. The OESPA serves as counterpart of the OMB-MOLEO in its role as

the watchdog within the AFP;
g. OESPA, AFP is organizationally paralleled with the Office of the

Inspector General, AFP and has exclusive jurisdiction over active AFP personnel
involved in major graft cases, and serves as the anti-graft investigating office in the
AFP Organization;
h. The OESPA’s mission is to enhance professionalism, promote honesty

and integrity in the military service, instill ethical standards, and inculcate a strong
sense of public accountability among military and civilian personnel in the pursuit of
common commitment against graft and corruption in the AFP;
i. The COA is constitutionally mandated to examine, audit, and settle all

accounts pertaining to the revenue and receipt of, and expenditures or use of funds
and property, owned or held in trust by, or pertaining to the Government, or any of its
subdivisions, agencies, or instrumentalities, including the AFP;
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j. The COA, with its principal function of auditing the accounts of

government at all levels, plays a role in the prevention and detection of graft and
corruption in the AFP;
k. The alleged graft and corruption in the AFP has created pernicious
impacts to the AFP as an organization and in the country, thereby becoming a threat
to National Security;
l. The national government is facing the challenge of developing a

functioning economy, easing poverty, stamping out graft and corruption, improving
peace and order, and stabilizing the socio-political scene. It is also fighting various
internal security threats. The challenges entail not only political will and national
consensus. More importantly, they require all government agencies and
instrumentalities to have the capabilities to accomplish their mandated tasks, and
from these mandated tasks, to actually contribute to the end being pursued;
m. There is a need for the agencies and offices to closely coordinate with
one another and present a united front against graft and corruption and for their
officers to acquire new skills and expertise in preventing, detecting, investigating,
and prosecuting graft and corruption; and
n. Towards the improved and efficient investigation of graft and corruption

cases, there is a need to strengthen linkages between and among the OMB-
MOLEO, OESPA, and COA.
In consideration of the foregoing, the Parties hereby agreed to the following:
1. Treatment of Cases
a. The OMB-MOLEO, having the primary jurisdiction to investigate and

prosecute cases involving members of the AFP, shall take cognizance of cases filed
directly before its Office by any person, both natural and juridical, including those
endorsed or forwarded by the OESPA and the COA;
b. The OESPA shall take cognizance of the graft and corruption cases
filed directly with its Office, against officers and personnel of the AFP;
c. The OMB-MOLEO and the OESPA (to be assisted by COA as the

need arises), can individually or jointly initiate and/or conduct inquiry and/or fact-
finding investigation on reports of alleged graft and corruption activities committed by
any officer or member of the AFP;
d. Preliminary investigation of graft and corruption cases shall be the sole

responsibility and function of the OMB-MOLEO;
e. In the conduct of preliminary investigation, Subpoena and/or Orders to

Submit Counter-Affidavits issued by the OMB-MOLEO shall be served on the
respondent/personnel concerned, and copy furnished the following:
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1) Major Service Commander concerned/Area Commands/AFP

Wide Support Service Units; and
2) Chief of staff – Attention: J1
f. Graft and corruption cases inquired into or investigated by the OESPA

shall be forwarded to the OMB-MOLEO for final disposition;
g. Graft and corruption cases, inquired into or investigated by COA,

involving use of public funds by the AFP shall be approved by the head of the sector
and forwarded to the OMB-MOLEO for final disposition;
h. The OMB-MOLEO shall have the authority to determine what law was
violated by respondents(s) officer and/or personnel of the AFP, including provisions
of the Article of War;
i. The OMB-MOLEO shall hear and decide administrative

complaints/cases related to graft and corruption. Non-graft and corruption related
complaints/cases shall be endorsed by the OMB-MOLEO to Major Service
Commander concerned/Area Commands/AFP Wide Service Support Units, and the
OESPA.
2. Joint Investigating Team.
a. In cases where there is a need to conduct joint investigation, the

respective heads of the OMB-MOLEO, OESPA, and COA shall designate the
members and composition of the investigating team which shall be headed by a
lawyer from the OMB-MOLEO.
b. The Investigating Team shall be designated on a need basis to be

determined by the Deputy Ombudsman for MOLEO, and their designation shall be
for the duration of the investigation of a specific case only.
c. The Investigating Team shall submit its reports directly to the Deputy
Ombudsman for MOLEO, copy furnished the OESPA and COA.
d. Travel and logistics requirements of the members of the investigating

team incurred in the conduct of investigating team incurred in the conduct of
investigation mentioned above shall be borne by their respective agencies.
3. Training and Educational Program
a. The OMB-MOLEO, OESPA, and COA shall conduct joint training

seminars to enhance the technical know-how of their investigators and personnel on
the proper handling of graft and corruption cases and investigation of the same;
b. The expenses of the members of the investigating team for such

training seminars shall each be borne by their respective agencies.
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4. Clearance Procedure
Subject to existing rules of the Office of the Ombudsman and of the OMB-
MOLEO, requests for Ombudsman clearance shall be filed by the individual officer
and/or enlisted personnel concerned with their respective Major Service OESPA.
The proper Major Service OESPA shall then directly coordinate with the OMB-
MOLEO in this regard.
Section 2-14 The Three Policies on Giving and Receiving of Gift, No to bribe,
and Terms & Conditions on Donation
1. Background.
On 27 April 2011, a Department Order Number 109 was issued by the

Department of National Defense designating some personnel of the Office of Ethical
Standards and Public Accountability, Philippine Army as members of PA
Assessment Team of the Integrity Development Action Program of the Department
of National Defense. The team of assessors of the Philippine Army is assessing the
integrity development in the Headquarters Philippine Army using the ten dimensions
as a guide in the conduct of self-assessment of the agency. These dimensions are
the following:
a. Leadership
b. Code of Conduct
c. Gifts and Benefits Policy
d. Human Resource management
e. Performance Management
f. Procurement management
g. Financial Management
h. Whistle Blowing, Internal Reporting and Investigation
i. Corruption Risk Management
j. Interface with External Environment
The OESPA, PA made a research and found out that there is no existing
customized policy on gifts and benefits (Dimension c), as well regulations on how to
manage donation of whatever kind/nature in the Philippine Army. In order to have a
grade on this dimension, the OESPA, PA initiated, researched and facilitated the
approval of three policies: Giving and Receiving of Gifts Policy, No to Bribe Policy
and Terms and Conditions on Donation. The said three policies were approved by
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CG, PA on 11 August 2011, and were published by the Army Adjutant on 15 August
2011.
2. Salient Features of Giving and Receiving of Gifts Policy.
a. Rationale
The Giving and Receiving of Gifts Policy is embodied in SOP Number 10

dated 15 August 2011which prescribes the policies and guidelines in giving and
receiving of gift(s) by PA personnel. This is to avoid a situation where the personnel
may give or receive gifts for and in consideration of benefits including but not limited
to preferential treatment, promotion or access to information. The acceptance of
gifts may create a sense of obligation that may compromise the personnel’s honesty
and integrity.
b. Policies.
1) Personnel are prohibited to receive, directly or indirectly, any

gift “regardless of value” in any occasion, given by reason of their official position,
regardless of whether or not the same is for past favors or favors or the giver
expects to receive a favor in the future from the personnel concerned in the
performance of his/her official functions.
2) The prohibition includes receiving of parties or entertainments

from private individual or entity to include parties and entertainment intended for
personnel’s family members or immediate relative.
3) Personnel are prohibited to accept or receive any gift in any

form or benefit for any services rendered in the performance of their official duties.
c. The prohibition shall not include the following:
1) Unsolicited gift of nominal value not given in anticipation of, or in

exchange of a favor for the performance of duties.
2) A gift from his/her family member or immediate relatives as

defined in this SOP on the occasion of a family celebration.
3) A gift of nominal value from the persons with no regular, pending

or expected transactions with the Office or Command with which the personnel are
connected and without any expectation of any gain or benefit.
4) A gift coming from private organization whether local or foreign

for humanitarian purpose.
5) A gift of nominal value as a token or sign of courtesy.
6) A gift in the form of a scholarship or medical assistance.
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7) A gift in the form of a travel grant outside the Philippines, if such

acceptance is beneficial to the Command.
8) A gift from the host of an event or activity when the concerned

personnel has been invited as guest lecturer, speaker or resource person.
9) A gift given by the Head of the Office or Command to its

personnel during Anniversary and Christmas in accordance with existing policies on
disbursement of public funds.
10) Giving parties in honor of personnel by the Head of Office or

Command in accordance with the established military customs and traditions.
11) 11When a Command Guest gives an official token to PA

personnel, the same belongs to the Office or Command.
d. Disposition.
1) A gift intended for the Office or Command shall be turned over

to the Unit’s Accountable Officer and shall be recorded in the Gifts’ Registry Book for
proper accounting. The Head of the Office or Command is responsible for the proper
disposition of the item in accordance with existing policies. The Unit’s ESPA Officer
shall counter-check whether or not the disposition was made in accordance with the
existing policies and shall render report to OESPA, PA.
2) If the gift is perishable item which is left either intentionally or

unintentionally at the office or within its premises, it shall be immediately returned to
the giver. If there is an instance where the giver cannot be located form the time the
gift was discovered, said perishable item shall be turned-over to the nearest police
station, to be treated as lost and found items.
e. Penalties
Any violation of this SOP by personnel proven under proper administrative

proceeding shall be sufficient cause for the imposition of appropriate punishment
under existing laws, circulars, AFP Rules & Regulations, HPA Policies and
directives whichever is the most applicable, depending on the gravity of the offense
and attending circumstances.
3. Salient Features of the Policy on Terms and Condition on Donation.
a. Rationale.
The Policy on Terms and Conditions on Donation is embodied in SOP

Number 11 dated 15 August 2011 which prescribes the policies and guidelines
concerning the terms and conditions of donation necessary in preventing violation of
existing laws, AFP Rules & Regulations, policies as well as the AFP Code of Ethics.
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b. How to accept donation?
Donations are to be accepted only when there is donor’s intent to do an act of

liberality and there are no onerous conditions.
c. Policies.
1) A board shall be created to screen, and/or conduct an inquiry on

the legality, suitability, and acceptability of the donation, composed of the following:
(a) G4 - Chairman
(b) Dep, G3 - Vice Chairman
(c) G2 Rep - Member
(d) OESPA, PA Rep - Member
(e) ARMO Rep - Member
(f) AJA Rep - Member
(g) Accounting Service Rep, PA (ASPA) - Member
(h) APAO, PA - Member/Recorder
2) A donation is perfected from the moment the donor knows of the

acceptance by the donee. Control over the subject of the donation is lost by the
donor upon delivery and acceptance by the donee, and the donation takes effect
immediately.
3) There can be revocation of donation by the donor, when the

donee fails to comply with any of the conditions which the former imposed upon the
latter which has been embodied and made an integral part of the Deed of Donation.”
4) All donations must be acknowledged and receipts from

donations shall be accounted for in the books of the recipient PA Units in accordance
with the existing accounting and auditing rules and regulations. Only donation in
cash or cheque shall be receipted.
5) The donor shall shoulder the cost of shipping and other related
expenses, not unless it was agreed beforehand that the PA will shoulder the
expenses.
6) All donations must be in writing, through any of the following

instruments: letter, will or deed.
7) All donors must be appreciated and recognized through a letter

or any other acceptable means in a timely and appropriate manner.
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d. Terms of Acceptance. The Command through CG, PA or his duly

authorized representative may accept a donation provided the following conditions
are present:
1) The donation is consistent with its mission, goals and objectives,

and it is not contrary to existing laws, rules & regulations and policies of the AFP/PA
for which the money, property or right was donated.
2) A donation must be accepted by the donee representing the

military office, unit or organization of the PA to which the property was donated. An
officer who accepted donation of real property on behalf of his office must see to it
that the donation is recorded in a public document and acceptance must likewise be
in writing and made known to the donor.
3) The donation of a movable item may be made orally or in

writing. An oral donation requires the simultaneous delivery of the thing or of the
document representing the right donated. If the value of the personal property
donated exceeds Php 5,000.00, the donation and acceptance shall be made in
writing. Otherwise, the donation shall be void.
4) In order that the donation of an immovable item may be valid, it

must be made in public document, specifying therein the property donated and the
value of the charges, if any, which the donee must satisfy. The acceptance maybe
made in the same deed of donation or in a separate public document, but it shall not
take effect unless it is done during the lifetime of the donor. If the acceptance is
made in a separate public instrument, the donor shall be notified thereof in an
authentic form, and this step shall be noted in both instruments.
5) The donor has no pending business transaction with the PA or

need the Command’s endorsement for the purpose of applying concession with the
government.
6) The donation is not accompanied by a condition which will

require the Command or any of its Units to render future service/s to the donor or
any other person or entity.
7) The donation is favorably endorsed by the Board tasked to

screen or handle the appropriateness of donation in so far as to the legality,
suitability, and acceptability of the donation.
e. Accounting Requirement.
1) Receipt of donation shall be recorded in the books of accounts

of the PA Unit concerned and shall be subject to pertinent accounting and auditing
rules and regulations. The journal entry voucher taking up the donation shall be
supported by a certified true copy of the pertinent papers specifying the act of
donation.
2) 2) All donations, whether in cash or in-kind, shall be

automatically appropriated for the purpose specified by the donor. In-kind donations
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shall be turned-over to the Unit’s SAO and shall be recorded in the designated
Registry Book. Necessary documents shall be submitted by the Unit’s SAO to the
Accounting Office for recording in the PA’s Book of Account. Cash, on the other
hand, shall be remitted to the Collecting Officer, PA to form part of the PA’s Trust
Receipt or any PA Unit’s Trust Fund for temporary safekeeping.
3) A “Deed of Donation” from the donor to the donee should be one

of the attachment papers of the donated assets, stipulating among others the intent/
use of the said donation.
4) The donee “government agency” should attach an “Acceptance

of Donation” among the papers of donation for recording and booking requirements
of donated property received by PA Units.
4. Salient Features on No to Bribe Policy.
a. Rationale
The No To Bribe Policy is embodied in SOP Number 12 dated 15 August

2011 which prescribes the policies and guidelines promoting the stand of this
Command against non-acceptance of any offer of gifts or bribe(s). This is in
consonance with the policy of the State to promote high standard of ethics in public
service and the Command’s adherence to strengthen the moral and ethical
standards of PA personnel. Everyone is enjoined to observe transparency and
accountability by properly reporting the offer of any gift, benefits or bribe(s). In order
to create a corrupt free environment in the Philippine Army, all personnel are
reminded to avoid personal or financial interest in any transactions involving the
functions of their offices.
b. Policies
1) All personnel shall avoid conflict of interest at all times. They

shall refrain from any activity which may place their positions and personal interests
in conflict with that of the Army’s interest/mission.
2) Disclosure shall be made to PA or its Units/Offices if personnel

or any of their immediate family members has or acquires property, benefits or
interest by gift, inheritance from any supplier or who has an interest in supplier’s
business or is performing services in favor of any supplier. Such relationship shall be
avoided as it has an appearance of potentially influencing personnel’s judgments or
activities.
3) Disclosure shall be made to the PA or its Units/Offices, if an

officer or any of his immediate family members has or acquires property, benefits or
interest by gift or inheritance or who has an interest in a bidder or in its business or
is performing services of any kind for a bidder negotiating with the PA. Such
relationship shall be avoided as it has an appearance of potentially influencing an
officer’s judgment or activities.
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4) No personnel shall solicit, insinuate or otherwise seek

compensation or any material gain from proponents, contractors or suppliers for any
action or decision which his duty requires him to do. This is also true after the action
or decision has been made.
5) No personnel shall accept directly or indirectly anything of value

in return for being influenced in the discharge of their official responsibilities such as
to agree to the performance of an act constituting a crime in connection with the
performance of his official duties; in consideration of the execution of an act which
does not constitute a crime and he executed said act; or to receive something to
refrain him from doing something which is his official duty to do.
6) No personnel shall accept gifts offered to him by reason of his
office.
7) No personnel is allowed to accept or permit their immediate
family members to accept a favor, gratuity or entertainment, directly or indirectly from
any person or entity engaged in or endeavoring to engage in procurement or
business transactions with the PA.
8) No personnel shall use their positions to obtain any personal

advantage or to obtain for himself or for others any discounts or merchandise in
exchange for favors at any business establishments.
9) An award of recognition shall be given to any officer or

employee who reports offer of bribes to the ESPA Officer of the Units.
c. Disposition
1) Each individual shall be responsible in ensuring that his conduct

is in conformity with this policy or any other applicable policies.
2) Any individual who has personal knowledge that an individual

has engaged in any activity violating this policy shall report it directly to OESPA, PA
or the Unit’s ESPA Officer for appropriate action. A report will be treated with utmost
confidentiality if possible under the prevailing circumstances. There shall be no
retaliation or harassment of employees who report such possible violation.
3) PA Units are responsible for overseeing the conduct of each

individual employee under their supervision to ensure compliance of this policy. Any
superior who was being offered bribe(s) or having knowledge of a possible violation
of this policy shall report to the Unit’s ESPA Officer who shall initiate appropriate
action such as investigation of the alleged offer of bribes and through AJA/SJA of the
PA Units for possible filing of charges against the briber in the proper court of justice.
d. Penalties
Anyone found violating this policy whether through individual misconduct or
failure to exercise adequate supervisory authority shall be subject to appropriate
disciplinary action if proven under proper administrative proceeding. Likewise, this
shall be sufficient cause for the imposition of appropriate punishment under existing
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laws, circulars, AFP Rules and Regulations, HPA Policies and directives whichever
is the most applicable, depending on the gravity of the offense and attending
circumstances.
Section 2-15 Policies, Guidelines and Procedures in the Disposition of Rape,

Sexual Harassment and other Sexually Related Cases in the AFP
1. Rationale
On 26 August 2008, General Headquarters, Armed Forces of the Philippines

issued Personnel Directive Number 04 which created the policies, guidelines and
procedures in the disposition of rape, sexual harassment and other sexually-related
cases in the AFP. There is no definite system and/or specific rules to deter the
commission of rape, sexual harassment and other sexually-related offenses, and
procedures in the disposition of these kinds of cases. Henceforth, as the protector of
the people and of the state, the AFP has to provide its personnel a more expeditious
and gender-sensitive procedure in the disposition of said cases.
2. Forms of Sexual Harassment.
Sexual harassment maybe either verbal or physical or a combination of both.
a. Physical
1) Physical contact or malicious touching.
2) Overt sexual advances.
3) Unwelcome, improper or any unnecessary gestures of a sexual

nature, or
4) Any other suggestive expression of lewd insinuation.
b. Verbal
1) Requests or demands for sexual favors or lewd remarks.
2) Use of objects, pictures, letter of written notes, magazines or

other multi-media paraphernalia and pornographic, or bold persuasive sexual
underpinnings and which create a hostile, offensive or intimidating work or training
environment which is annoying or disgusting to the victim.
3. Specific Acts of Sexual Harassments.
a. Demand or request for a sexual favor is made as a condition for

enlistment, commission, re-enlistment or extension of tour of active duty of a military
personnel, or employment, re-employment or continued employment of civilian
personnel.
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b. Demand or request for a sexual favor is made in granting military or

civilian personnel favorable working conditions, assignments, promotion or other
privileges.
c. The demand, request or requirement for sexual favor is made by one

who is entrusted with the training and education of the offended.
d. The refusal of the demand or request or requirement for sexual favor

limited or segregated military or civilian personnel which would discriminate, deprive
or diminish employment opportunities, or otherwise affect said personnel.
e. The demand or request or requirement for sexual favor would result in

intimidating, hostile or offensive environment for the personnel.
4. Who are the persons liable for sexual harassment?
a. Any higher ranking military personnel, or any personnel having

authority, influence or moral ascendancy over another military personnel or civilian
employee in the AFP, regardless of sex, may be liable for sexual harassment in the
AFP.
b. Any personnel of the AFP who directs or induces another to commit

any act of sexual harassment as defined above, or who cooperates in the
commission thereof by another without which it would not have been committed shall
also be held liable under this directive.
5. What are the responsibilities of the Commanding Officer?
The Commanding Officer shall be liable under the doctrine of command

responsibility when they are properly informed of offenses and no immediate action
was taken thereon.
The Commanding Officer must ensure the proper implementation of this

directive in the AFP within their Command through the following:
a. They shall order the investigation of the case within his Command,
upon the filing of a written complaint by the offended party.
b. They shall strictly order and maintain confidentially in all stages of the
investigation to protect the interest of the complainant and the person complained
against and any other person who has witnessed the alleged offense.
6. Procedures in the Dispositions of Rape, Sexually Related Offenses and

Sexual Harassment Cases.
a. The offended party shall file complaints under oath which shall contain
the facts constituting the offense, either to the Commanding Officer of the offender,
or directly to the Office of the Ethical Standards & Public Accountability (OESPA).
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b. For this purpose, the OESPA shall receive complaints of rape,

sexually-related offenses and sexual harassment against military personnel. No
action shall be taken on an anonymous complaint or shall any military personnel be
summoned or required to answer/comment on said anonymous complaint.
c. In case the complaint is filed before the OESPA, the investigating

officer shall be of the same gender as the complainant, and must possess the
necessary training and education in investigating rape, sexual harassment and other
cases involving sexually-related offenses. The following procedure shall be followed
by said office:
1) It shall immediately furnish the respondents copies of the sworn

statements and other documents submitted by the complainant and shall require the
respondent to submit his/her counter-affidavit and/or those of their witnesses, within
five (5) calendar days from receipt of notice.
2) A formal investigation shall be held within three (3) working days

upon receipt of the answer and evidence of the respondent. Under no circumstances
shall cross-examination of the witnesses be allowed but the investigating officer may
profound clarificatory questions. The proceedings shall be recorded.
3) In no case shall the investigation be terminated later than fifteen

calendar days from the receipt of the complaint.
4) If the investigating officer finds the existence of a prima facie

case, it shall recommend for referral of the case for trial to the General Court Martial
to determine one’s criminal liability, or to the Efficiency and Separation Board or the
case be referred back to the Commanding Officer of the respondent in order that the
case be disposed of under AW 105, as the case maybe. Otherwise, it shall dismiss
the case.
d. If the complaint is filed directly to the immediate superior of the

offended party, an officer in the Unit shall be designated to investigate the case. The
Investigating Officer, who shall preferably be of the same gender as the complainant,
shall also follow the aforementioned procedures. In any case, his or her
recommendation shall still be subject to the approval of his her Commanding Officer.
e. Upon referral to the Court Martial, a Trial Judge Advocate who shall be
of the same gender as the complainant, shall be assigned in the case and must
possess the necessary training and education to handling rape, sexual harassment
and other sexually-related cases.
7. Preventive measures
a. Military personnel shall conduct themselves properly in all dealings with

others in such a manner that sexual harassment and other sexually-related offenses
maybe avoided.
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b. The Commanding Officer should ensure that TI & E on this policy and
issues and concerns pertaining to sexual harassment and other sexually-related
offenses shall be conducted regularly within their Unit/Command.
Section 2-16 Guidelines in the Disposition of Domestic Related Offenses of

AFP Personnel
1. Rationale.
On 09 February 2009, General Headquarters, Armed Forces of the

Philippines issued Personnel Directive Number 02 which created the guidelines in
the disposition of domestic related offenses of AFP personnel. This policy was
passed because of some information that in cases of domestic related offenses such
as abandonment and non-support, the offended parties are constrained not to file
appropriate complaint for fear of reprisals and embarrassment. As a result, such
domestic issue remains within the confines of the family to the detriment of the
offended party. Along this line, the AFP commits itself to maintain an environment
free from any form of domestic related offenses involving its personnel. This can be
achieved through the AFP’s active endeavor to resolve all domestic/marital cases
promptly for the reservation of the sanctity of the family and the career of its
personnel.
2. Domestic violence defined.
a. Domestic Violence is a pattern of controlling and coercive conduct that

deprives the victims of safety and autonomy.
b. It refers to acts punishable under RA 9262 and other existing pertinent

laws, such as, but not limited to the following:
1) Physical violence – refers to acts that include bodily or physical

harm, such as, but not limited to: hitting, slapping, kicking, punching, choking,
shooting, banging the head, burning skin and/or body parts with cigarettes,
damaging property or pets.
2) Psychological violence – refers to acts or omissions causing or

likely to cause mental or emotional suffering of the victim. It includes causing or
allowing the victim to witness pornography in any form or to witness abusive injury to
pets or to unlawful or unwarranted deprivation of the right to custody and/or visitation
of common children.
3) Sexual violence – refers to acts which are sexual in nature,

committed against a spouse or his/her children. This includes demand for sex
regardless of partner’s condition, unreasonable deprivation and/or violent physical
abuse the cause of which is sexual in nature.
4) Economic abuse – refers to acts that make or attempt to make a

spouse financially dependent. This includes withdrawal of financial support,
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prohibiting spouse from handling money, controlling a spouse’s own earnings,

preventing the spouse from getting or keeping a job.
3. Responsibilities of the Commander.
a. Commanding Officer or erring military personnel shall be responsible

for the settlement of domestic issues of his personnel.
b. In case of offended party opts to pursue the case notwithstanding the

reasonable efforts exerted by the Commanding Officer for the settlement thereof, the
Commanding Officer is considered to have exhausted all means within his/her
obligation thereof is considered to have ceased.
c. Commanding Officer shall be responsible in implementing measures to

prevent recurring cases of domestic related violence within this unit.
d. Failure on the part of the Commanding Officer to perform his/her

responsibility shall be a ground for disciplinary action, unless the cause thereof is
attributable to the parties concerned or there are justifiable reasons that prevented
him/her from performing his/her task.
4. Procedures.
a. Offended party shall file his/her complaint to the Office of the Ethical
Standard and Public Accountability (OESPA), AFP and its counterparts in Major
Services which shall have jurisdiction in the disposition of domestic related cases. In
units lower than a Division in the Philippine Army or its equivalent in other Major
Services, any offended party may file his/her complaint to the Deputy Commander or
Executive Officer who acts as the Unit’s Chief, ESPA.
b. Any person, other than the offended party, may file the complaint
provided he/she has personal knowledge of the facts and circumstances surrounding
the case. In case where the offended party is minor, he/she should be assisted by a
guardian. In the absence of a guardian, said minor could be assisted by any
competent person of legal age.
c. The OESPA shall specially treat the case of domestic related offenses.
It shall complete the investigation within sixty (60) days from the filing of format
complaint. In case the investigation is completed after or beyond the prescribed
period, the final report shall include an explanation or reasons for the delay thereof.
d. In case a complaint is filed anonymously, the ESPA shall consider the

same pursuant to applicable AFP Rules and Regulations, Circular, SOP, Policies
and Directives on the matter.
e. The complaint filed by the offended party shall cover all the domestic
related cases committed prior the filing thereof. All acts committed after the filing of a
complaint is considered as a separate complaint.
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f. Upon receipt of the complaint, the OESPA shall conduct investigation

or may direct the Office of the Provost Marshall to conduct the same. In case
jurisdiction is taken by the other Units and/or Offices, the result thereof shall be
forwarded to the appropriate office of the ESPA which shall be the sole authority to
dispose the same.
g. During the investigation, the OESPA or the OPM and other office/unit
having jurisdiction over the case shall summon the offended party and the
respondent for confrontation and possible amicable settlement. If the offended party
and the respondent opt to settle their differences, the complaint shall be considered
dropped and closed and no disciplinary action shall be meted against the erring
personnel.
h. In case the amicable settlement occurred at any stage of the

proceeding, even after the completion of investigation but before the approval by the
appropriate approving authority, the disciplinary action shall be meted against erring
personnel. To this effect, the concerned office where the records of the case is
pending action when the settlement occurred shall execute a certification to that
effect, attaching thereto the instrument showing the settlement executed by both
parties.
i. The office concerned where the records of the case is pending action
when the parties agreed to settle the differences shall then forward the records of the
case, thru channel together with its certification as aforementioned and the
instrument containing the said settlement for approval of the approving authority for
the dropping and closing of the case.
j. The amicable settlement entered into by and between the parties shall
be without prejudice to the re-filling of the case against the offender in the event that
said offender failed to comply with his/her obligations as embodied in their
compromised agreement. The non-compliance and violation of the terms thereof
shall serve as an aggravating circumstance with respect to the act complained of
upon reopening of the case.
k. In case of amicable settlement by the parties, the alleged offense

committed by the offender shall not be reflected in his/her personal military records.
However, when the offender was found guilty of any domestic related offenses, the
same shall appear in his/her personal military records which may be used in the
determination of his/her performance subject to the limitations as provided under this
Directive.
l. All cases of domestic related offense shall be treated strictly

confidential. To that effect, approval of the concerned Chief, ESPA is required in
case a request for copy of case record is being made by any AFP body or board like,
GCM, ESB, Promotion Board and the like, in aid of its determination of a
respondent’s performance as a military personnel.
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CHAPTER 3
CODE OF ETHICS
The Philippine Army adopts and incorporates as reference all the

provisions as stated in the AFP Code of Ethics.
Section 3-1 Contents of the Code of Ethics
1. Contents. The AFP Code of Ethics consists of seven Articles and a

Preamble:
a. The preamble provides the reasons for promulgating the code

and states the identity, aspirations, visions, mission, and commitment of the
AFP.
b. Article 1 (Identity) tells who the AFP is, by whose authority it

exists and for whom, by what structure it performs its mandated role, and how
it can measure up to the expectations of the Filipino people.
c. Article II (AFP History) tells of the origin and the past of the AFP
and the lessons of the AFP from its past errors and successes.
d. Article III (AFP creed and the stand on basic issues) states the
AFP’s common beliefs and core values. It is a conceptual synthesis of what
the AFP believes in, stands on, and fights for. It is, in essence, the AFP’s
fighting for cause and ideology.
e. Article IV (AFP membership) states who composes the AFP, the

criteria for membership, and the processes/systems within the AFP.
f. Article V (Military Professionalism) defines professionalism in

the AFP and states the standards of military professionalism. It also
enumerates the acts which violate the Code of Ethics.
g. Article VI (AFP Customs and Traditions) tells how the AFP is

unique from other government agencies through its various customs and
traditions.
h. Article VII (General Provisions) states things relevant to the

compliance to the Code of Ethics.
2. Definition of Code of Ethics. A systematic collection or digest of

principles, laws and rules, foundations of profession, and regulations
specifying the standards of correct or right conduct or behavior expected from
a person or group who freely join a vocation, profession, and/or an institution.
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3. Definition Military Code of Ethics. A substantive, but succinct, digest

of all legal, moral, and ethical values, principles, rules, and regulations in
gaining the accomplishment of the military mission.
4. Purpose of the Military Code of Ethics.
a. To shape our ideals and aspiration into a definite course of

conduct by which we can live with and govern ourselves as professionals.
b. To guide and constantly remind each of us of the delicate and

critical role that the AFP plays in the Filipino society.
c. To establish the Ethical Standards and Norms of Conduct that

measure each of us in our performance as soldiers.
Section 3-2 Essential Elements
a. All members of the AFP shall take upon themselves that the
intent and spirit of this Code of Ethics is upheld at all times.
b. Commanders shall set the example and be responsible for the

implementation of this Code.
c. The Chaplains, AFP, as advisers of Commanders on matters of

morality and religious life, while setting the example, shall actively participate
in monitoring and supervising the internalization and institutionalization of the
Code of Ethics.
d. In each Major Service, there shall be an OESPA headed by the

Vice Commanders created for effective promotion of the program of action for
the Ethical Standards.
e. All members of the AFP should take an oath that they will abide
by this Code which shall form part of their Military Personnel File (MPF).
f. This Code shall be included in the curricula of all AFP courses

and training programs including CAT and CMT.
g. It shall be incorporated in the Constitution and by laws of

associations recognized within the AFP.
h. Questions on the Code shall be included in the AFP entrance

and promotional examinations.
i. Provisions of this Code shall be regularly taken up during TI & E

sessions.
j. A Functional Creed derived from this Code shall be formulated.
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k. Improvements shall be done in Investigation procedures.
l. Regular funds shall be allocated for implementation of the Code.
m. All offenders to the Code shall be investigated, prosecuted, and

punished if found guilty in accordance with existing rules and regulations.
n. No amendment shall be valid unless it is ratified by the majority

of the members of the AFP.
o. There shall be a sustained effort to improve this Code of Ethics.
p. This Code shall be effective, except provisions that will require

relevant legislation.
Section 3-3 The AFP Creed
The profession of arms, as a noble calling, demands from its members

not only specialized knowledge and skills, but also a distinct lifestyle governed
by a commonly held belief-system, of enduring non-negotiable core values of
honor, loyalty, valor, duty, and solidarity.
We believe:
a. in HONOR as our crowning value as it is more precious than life

itself;
b. in unflinching LOYALTY to the nation in obedience to the

mandate to support and defend the Constitution;
c. in VALOR as the power and strength, courage, and ability to

overcome fear to carry out mission and accomplish what is seemingly
impossible;
d. in DUTY as the value of obedience and discipline in

performance and responsibility despite difficulty and danger; and
e. in SOLIDARITY for it is the consolidating integrating value to

which all of us bind ourselves with the rest of our comrades-in-arms.
Section 3-4 The Army Core Values
In page 7, pamphlet of the Army Transformation Road Map (ATR) 2028, -

Defining the Strategic Direction , we can find the discussion on how the five
AFP Core Values was reduced in the Philippine Army into three, to quote:
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FIRST KEY COMPONENT:
ARMY GOVERNANCE CHARTER
The Army Governance Charter is the articulation of the concepts and

principles defining the character and purpose of the Philippine Army. It also
sets the strategic direction that the organization will pursue. The Army
Governance Charter is composed of the Core Ideology and the Vision.
Army Core Ideology
The Core Ideology defines the Army’s enduring character. It provides

the bonding glue that holds the organization together as it grows and moves
forward. By defining the core values, core purpose and mission, it expresses
the fundamental ideals that the Philippine believes in and stands for.
To provide a solid foundation for the Army Transformation Road Map,

the Philippine Army simplified its core values into the three most essential and
enduring set of ideals which are easy to remember, to wit:
1. Honor, which is attributed to integrity, personal dignity, discipline, and

self-worth;
2. Patriotism, which resonates a love of country and manifested by
loyalty, courage, and allegiance to the Constitution; and
3. Duty, which is exhibited through professionalism, excellence,
resourcefulness, dedication, and commitment to sworn duty.
These core values resound a strong sense of dedication to country

that is also expressed through the Army’s core purpose of “serving the people
and securing the land”.
Section 3-5 AFP Core Values
In page 17, pamphlet of the AFP Transformation Road Map (ATR) 2028, we
can find the discussion on how the five AFP Core Values was reduced i n the
AFP into three, to quote:
The core values are the AFP’s guiding principles in performing its
mission and in attaining the vision and base camps outlined in the
Transformation Roadmap. These core values are:
1) Honor is the AFP’s crowning value and the hallmark of military

conduct. It means moral uprightness, integrity in action, prudence in speech
and truthfulness in words and dealings.
2) Service is the value of obedience, discipline and responsibility

manifested through the performance and accomplishment of a soldier’s tasks.
This core value also means professionalism and competence since a soldier
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is measured by the quality of his service and performance of his obligations. It

connotes selfless service that means putting the welfare of the country and
the people above individual interests and devoting every waking moment in
serving the nation and protecting the people. As a professional soldier, she/he
is also duty-bound to respect human rights, international humanitarian law,
and the rule of law.
3) Patriotism refers to loyalty to the nation and Constitution and

obedience to the Chain of Command. It is also the best expression of a
soldier’s fidelity to God. This is shown in the prudence of his/ her actions and
speech. Another manifestation of patriotism is through a soldier’s love and
devotion to his/her country. Because of this, she/he is not conscious of the
dangers, pain and hardships that come with his/her profession; conscious
only of his/her one mission in life – that is to protect and promote the interests
of the nation and the Filipino people.
3.6 The Functional Family Creed
1. Rationale of Functional Family Creed.
a. To make the AFP Core Values and standards much more

meaningful, job-specific, and user-friendly to each member of the family.
b. To encourage functional group members to contribute
individually and as a group to the attainment of the AFP Code’s vision within
each member’s and function’s areas of expertise and responsibility.
2. Definition of Functional Family Creed. These are statements of each

AFP Staff Functional Family’s most important beliefs, values, and professional
standards aligned to the AFP Code of Ethics.
Section 3-7 Professionalism
1. Definition of Professionalism. The expert application of specialized

skills based on organized body of knowledge and in accordance with laws
and/or Code of Ethics with the highest degree of excellence in the
accomplishment of the mission.
2. Standards of Military Professionalism. Every member of the AFP

shall observe in the discharge of their official duties (Sec 3, Art V, AFP Code
of Ethics). They are as follows:
a. Standard of Loyalty. All military personnel shall be loyal and true

to the:
1) Republic of the Philippines/Government
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2) Philippines Constitution
3) Armed Forces of the Philippines
4) Filipino People
All military personnel shall obey the authorities and abide by the laws,
legal orders, good morals, and good customs.
All military personnel shall promote order and public safety.
b. Standard of Competence. All military personnel must possess:
1) Knowledge
2) Skills
3) Physical Attributes
4) Character Traits
These are necessary for adequate performance of duty and

c. Standard of Ethics. Every soldier must observe and conform to

accepted principles of right conduct, as observed and practiced in Filipino
society.
d. Standard of Morals. Members of the AFP should be deeply

aware that man is a rational being. Man is also a moral being who is given the
capacity to determine what is wrong and avoid it and know what is right and
do it. In society, there are accepted practices, customs, and traditions which
are necessary in the organized and orderly community such as respect for
elders and authority, and fidelity to an oath and/or vow.
THE PROFESSION OF ARMS

by Charles de Gaulle
Men who adopt the profession of arms submit their own free will to a
law of perpetual constraint. Of their own accord, they reject their right to live
where they choose, to say what they think, to dress as they like. It needs but
an order to settle them to this place, to separate them from their family, and
dislocate their normal lives.
In a word of command, they must rise, march, run, endure bad

weather, go without sleep or food, be isolated in some distant posts, work until
they drop. They have ceased to be the masters of their fate. If they drop in
their tracts, if their ashes are scattered to the four winds, that is all part and
parcel of their job.
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Section 3-8 Unprofessional Acts
a. Acts of disloyalty – betrayal of one’s faith, duty, commitment to

God, country, people, government, AFP Chain of Command, Unit, office, and
its mission and function.
b. Acts of incompetence – lack of the required skills, physical

attributes, and character traits necessary for the performance of duty and
accomplishment of mission.
c. Unethical acts – acts which deviate from the established and

accepted ethical and moral standards or behavior and performance set forth
in the code.
d. Corrupt acts – acts or omissions described and characterized

under the Anti-Graft and Corrupt Practices Act (RA 3019) and other related
laws.
Section 3-9 Prevention of AFP Code of Ethics Violations
1. Background. The General Headquarters, Armed Forces of the

Philippines, Camp General Emilio Aguinaldo, Quezon City issued a letter
directive dated 27 October 1993, on the subject: Prevention of AFP Code of
Ethics Violation. This is addressed to Major Services Commanders, Area
Commanders, CGs/Cos and AFPWSSUs. As an overview, this directive was
issued as the AFP observed that since the launching of the AFP’s moral
regeneration program through the strengthening of the OESPA, so much has
taken place since then mostly are encouraging, but there is still in dire need to
accelerate the peace, if the AFP has to contribute more meaningfully to the
ongoing national peace process, in which AFP internal reforms and
organizational development have been put forth as an issue. To put things in
their right perspective, it should be pointed out that this AFP program was
self-imposed; top leader-initiated; democratically-drafted; broadly-participated
in, verified, validated, ratified and now implemented. Whatever is left of the
issue, therefore, properly concerns only the operationalization of established
concept and principles. It added that even the counter-insurgency campaign
of the AFP, now twice revised to accelerate AFP gains even further to meet
given time frames, will be positively influenced by this moral regeneration
program since meager resources will be stretched to the fullest possible
extent to attain the AFP mission. The OESPA during that time is in its final
stretch of providing concrete measures to operationalize its three-pronged
strategy to combat and eradicate graft and corruption identified and
acknowledged as the principal indicator of moral breakdown in the
organization.
The enhancement of integrity promotion was its first program. It

complemented on-going value formation activities. An AFP-wide ESPA
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structure has been set up which continuously produce materials and

undertake activities gained at the internalization of the AFP’s five core values
viz; Honor, Valor, Duty, Loyalty, and Solidarity.
The improvement of the military justice system is its next focus. Thus,
expeditious handling and disposition of cases can be anticipated once the
investigative and prosecutive capabilities of units are enhanced. A manual for
this purpose has been published to complement and integrate guidelines set
in the letter directive, like the Primer on the Filing of Statement of Assets,
Liabilities and Net Worth (SALN) and the Primer on the AFP Code of Ethics.
The ideal is that soldiers behave in self-directed ways having

internalized the five core values mentioned above. However, there are
personnel who simply behave in ways that violate the AFP Code of Ethics. So
they trigger the investigation and prosecution processes, efforts that can be
tedious and expensive. Successful expeditious prosecutions do have
deterrent effect but not at the desired magnitude.
Thus, the situation indeed calls for the third measure which the OESPA
calls the “deterrence option”. It has both psychological and structural features
and involves various offices into a system of preventing damage to the AFP
even before it occurs.
2. Purpose
This directive was issued to guide commanders in the appropriate

levels to prevent violation of the AFP Code of Ethics, most especially those
that pertain to graft and corruption.
3. Policies
a. Personalism and patronage as a leadership style must give way

to professionalism. Such arrangement often also facilitates collusion to
commit graft and corruption. Commanders must instead demonstrate a
personal commitment to developing and practicing efficient resource
management. The practice of some commanders of bringing with them key
staff officers and NCOS, wherever they get reassigned must be stopped. Not
only does it create suspicions from subordinates but it also demoralizes
professionals who get relieved in the process.
b. Commanders must accord OESPA officers, who are usually

their deputies, the respect due to them. Henceforth, assignments to key and
sensitive positions, especially those having to do with financial, logistical, and
material resources, must have the concurrence of cognizant officers.
c. Commanders must encourage rather than hamper periodic

OESPA surveys and inspections. These measures must be understood,
appreciated, and treated as tools of the commanders for wise, judicious, and
timely decisions especially on personnel, security, and fiscal matters.
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d. Commanders must demonstrate respect for the AFP Code of

Ethics and must lead in the continuing dialogues with their officers and men
about establishing or refining existing structures to maximize the utilization of
resources for the attainment of assigned task and mission, while at once
preventing violation of the Code.
e. Commanders must endeavor to live modest life styles according

to general public expectations. They must not lose sight of the fact that the
AFP is the service organization and that motivation to gain influence has no
place in it. At most, congressional action can be worked out to improve the
pay scales of AFP personnel. However, there is no way to encourage the
mind that the AFP can compete with business establishment in terms of
material profit to attain a desired level of affluence.
f. Commanders must improve personnel management of their

units. Functional eligibility listing must be updated and utilized in the
determination of recommendees to key and sensitive positions.
g. Pending issuance of a more definitive organizational policies,

screening committees must be established under a personnel officer as
chairman to pass upon recommendees to key and sensitive positions, initially
putting emphasis on prospected budget, finance, logistics officers, or
comptrollers or other officers who may exercise responsibility over unit
resources. Personnel, Comptroller, IG, Counter-Intelligence, and OESPA staff
must be represented in this committee. A secretariat shall be provided to
include OESPA personnel. The same committee shall serve as adjudication
board to review the qualifications and integrity of officers already holding key
and sensitive positions, applying an expanded meaning of the traditional
suitability and loyalty test.
h. The examination of SALN shall now devolve to the OESPAs of

the Major Services, Area Commands down to Army Divisions, and their
equivalents in the Navy and Air Force. OESPA, AFP, however, shall retain the
power to review and shall remain as the central repository of SALN.
i. Priority in SALN examination shall be based on the following:
1) Where the evidence of unexplained wealth is strong and

the suspected amount involved defies the credulity of reasonable persons.
2) Officers and enlisted personnel occupying key and

sensitive positions.
3) Officers and enlisted personnel projected to occupy key

and sensitive positions.
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4. General Procedure
a. Cognizant personnel officers from J1 down the line shall ensure

the organization of screening and adjudication committees mentioned in par
C7 above.
b. Current SOP on designation of subordinate officers to key and

sensitive position shall include the recommendees’ SALN for submission to
the screening committee.
c. In addition to the screening process, the committee shall

conduct quarterly surveys and inspections of unit identified by priority of
targeting. Checklist must be prepared beforehand. After-activity Reports shall
be submitted within one week after the date of survey or inspection.
d. Adverse or derogatory reports shall suffice to cause the

cancellation of an issued ESPA clearance or the suspension of one under
process. A negative finding shall restore the status of the personnel
concerned. Otherwise, the regular course of the AFP investigative and
prosecutive process shall be made to operate.
e. Regularly recruited and voluntary informants shall be provided

adequate protection against reprisal.
f. A reward system in recognition of instituted preventive

measures shall be allowed for units as well as individual members of units to
encourage total cooperation in this undertaking.
g. A mid-year and annual review of its prevention program shall be

made by the ESPA family and corresponding reports shall be submitted.
h. Coordinating conferences shall likewise be called by the

Personnel Family to involve the representatives from the comptroller,
Inspector General, OESPA, and counter-intelligence staffs of the command
levels concerned in order to operationalize the intent of this directive.
Section 3-10 The OESPA Prayer
Almighty God and the Father, Creator of heaven and earth, hallowed
be Thy name. We submit unto You, Father all that we have and all that we
are.
For You are our God from whom all power, goodness, and wisdom
emanate. We thank You for calling us unto the service of your likeness and
image.
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Grant us, we beseech Thee O Lord, the wisdom to raise and shape
righteous Armed Forces, founded on the virtues of honor, valor, duty, loyalty,
and solidarity.
Instill in our hearts these values, so that even by mere presence,

people may see Your glory; honor, that we may think, speak, and act the
truth; valor, that we contend with our foes without fear, whether in actual
combat or in the struggles we face to uphold our ideals; duty, that as we serve
our fellow men, we serve them just as we serve You with all our hearts,
confident that our rewards will come from You; loyalty as we express our
fidelity to our country, to our leaders, to our fellowmen, and to You most of all;
and solidarity, that we may bound by the strength of our unity in Your spirit.
Remind us always that the day of reckoning shall occur anytime, and
that on that day, we will come before You to account for all our faults and
shortcomings. By the power of Your spirit, endow us with the deep sense of
public accountability in everything we do. May You find us faithful in the
stewardship of human affairs that You have entrusted to us.
Father, make us an Armed Force of upright men and women dedicated

to You, our nation, and our people.
All these, we pray in the most precious name of Your son Jesus Christ,
our Lord and Savior, Amen.
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CHAPTER 4
Accountability of Public Officers under the 1987 Philippine Constitution,
Special Laws and Offenses under Revised Penal Code
Section 4-1 Accountability of Public Officers and Employees
Public office is a public trust. 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.
Because public trust has been reposed to public officer to hold/occupy

the government position, public officer must be qualified and must possess
the required skills for that particular government position. Because it is the
people’s money that pays for the salary of the said public officer, he must
serve with utmost loyalty, honesty, and integrity. A public officer, therefore, is
a public servant committed to serve public interest as his first and foremost
duty rather than his private interest.
Section 4-2 Republic Act No. 3019 (as amended by Republic Act No.
3047, Presidential Decree No. 77, and Batas Pambansa Blg. 195)
1. Purpose
This Act is otherwise known as the Anti-Graft and Corrupt Practices

Act, was approved on August 17, 1960. It was enacted under the police power
of the State to deter public officials and employees from committing acts of
dishonesty and improve the tone of morality in public service (Morfe v. Mutuc,
22 SCRA 424). It is the policy of the Philippine Government, in line with the
principle that a public office is a public trust, to repress certain acts of the
public officers and private person alike which constitute graft and corrupt
practices or which may lead thereto (Section 1, R.A. 3019).
2. Persons Covered
As used in the Act, “public officer” includes elective and appointive

officials and employees, permanent or temporary, whether in the classified or
unclassified or exempt service, receiving compensation, even nominal, from
the government. The term “government” includes the national government,
the local government, the government-owned and the government-controlled
corporations, and all other instrumentalities or agencies of the Republic of the
Philippines and their branches (Section 2, R.A. 3019).
In Laurel v. Hon. Desierto (G.R. No. 145368, April 12, 2002), former
Vice President Salvador H. Laurel, then Chairman of the National Centennial
Commission and Philippine Centennial Expo ’98 Corporation, was charged by
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the Ombudsman before the Sandiganbayan for violation of Section 3 (e) of

R.A. 3019. On petition for certiorari, he assailed the jurisdiction of the
Ombudsman on the ground, among others, that EXPOCORP was a private
corporation and that he was not a public officer as defined under the Anti-
Graft Law since he did not receive any compensation for his services as Chair
of NCC and EXPOCORP.
The Court, however, did not rule on the matter in order not to preempt
the trial court from resolving the issue.
In Quimpo v. Tanodbayan et al. (146 SCRA 137), the Supreme Court

held that for purposes of prosecution under the Anti-Graft Act, the
Tanodbayan (Ombudsman) has jurisdiction to entertain and prosecute
complaints against employees of corporations which started as private
corporations but were later on acquired by the government as subsidiaries of
a government owned corporation, e.g., Petrophil which is a subsidiary of the
Philippine National Oil Company (PNOC).
One contracting with the government is in no just and proper sense an

officer of the government. There are points of difference between a public
office and a public contract: (1) A public office is a creation incident of
sovereignty, while a contract originates from the will of the contracting parties,
subject to the limitations imposed by law; (2) A public office has for its object
the carrying out of sovereign as well as governmental functions affecting even
persons not bound by contract, while a contract imposes obligations only
upon persons who entered the same; (3) A public office embraces the idea of
tenure, duration and continuity, and the duties connected therewith are
generally continuing and permanent. A contract on the other hand, is almost
always limited in its duration and specific in its object. Its terms define and
limit the rights and obligations of the parties, and neither may depart without
the consent of the other. The fact that the duties of a particular position or
governmental function do not depend on a contract is itself one of the criteria
of a public office (De Leon and De Leon, Law on Public Officers and Election
Law, [1990], p. 5-6). Section 1 of R.A. 3019 clarifies the legislative intent to
extend the application of the law to both public officers and private persons.
The following private individuals may incur liability under the Anti-Graft and
Corrupt Practices Act:
a. Persons who knowingly induce or cause any public officials to

commit any of the offenses defined in Section 3 of the Act Section 4 (b), R.A.
3019; Halili v. CIR (136 SCRA 112); International Harvester Macleod, Inc. CA
and Tansiong Lim (90 SCRA 512));
b. Persons who, in conspiracy with any public official, participate in

the commission of any of the offenses defined in the Act, by previous,
coetaneous, or subsequent acts; (see Balmadrid v. Sandiganbayan, 195
SCRA 497);
c. Persons having family or close personal relation with any public

official who capitalize or exploit or take advantage of such family or close
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personal relation by directly or indirectly requesting or receiving any present,

gift or material or pecuniary advantage from any other person having some
business, transaction, application request, or contract with government, in
which such public official has to intervene (Section 4 (a), R.A. 3019; see Dele
Cruz v. Better Living, Inc. et al., 78 SCRA 274);
d. The spouse or any relative, by consanguinity of affinity, within

the third civil degree, of the President of the Philippines, the Vice President of
the Philippines, the President of the Senate, or the Speaker of the House of
Representatives who intervene, directly or indirectly, to any business,
transaction contract, or application with the government (Section5 R.A. 3019);
e. The word “family relation” under the second sentence of Section

4 (a), R.A. 3019 includes only the legitimate spouse or relative in the third civil
degree (i.e. aunts, uncle, niece or nephew). The word “personal relation” shall
include close personal relationship, social and fraternal connections, and
professional employment, all giving rise to intimacy which assures free access
to such public officer (See Dela Cruz v. Better Living, Inc., et al, (supra);
f. Persuading, inducing, or influencing another public officer 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, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense;
g. 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
wherein the public officer in his official capacity has to intervene under the
law;
h. Directly or indirectly requesting or receiving any gift, present or

other pecuniary or material benefit for himself or for another, from any person
from whom the public officer, in any manner or capacity, has secured or
obtained, or will secure or will obtain, any Government permit or license,
consideration for the help given or to be given, without prejudice to Section
thirteen of this Act;
i. 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 after its termination;
j. Causing 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 function through
manifest partiality, evident bad faith, or gross inexcusable negligence. This
provision shall apply to officers and employees of offices or government
corporations charged with the grant of licenses, permits, or other concessions;
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k. Neglecting or refusing, after due demand or request and, without

sufficient jurisdiction, to act within reasonable time on any matter pending
before him for the purpose of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material benefit or advantage, or
for the purpose of favoring his own interest or giving undue advantage in favor
of or discriminating against any other interested party;
l. Entering, on behalf of the Government, into any contract or

transaction manifestly or grossly, disadvantageous at the same, whether or
not the public officer profited or will profit thereby;
m. Directly or indirectly having financial or pecuniary interest in any

business, contract or transaction in connection with which he intervenes or
takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest;
n. Directly or indirectly becoming interested, for personal gain, or

having material interest in any transaction or act requiring the approval a
board, panel, or group of which he is a member, and which exercises
discretion in such approval even if he votes against the same or does not
participate in the action of the board, committee panel, or group;
o. Interest for personal gain shall be presumed against those

public officers responsible for the approval of the manifestly unlawful,
inequitable, or irregular transactions or acts by the board, panel or group to
which they belong;
p. Knowingly approving or granting any license, permit, privilege or

benefit in favor of any person not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a mere representative or dummy
of one who is not so qualified or entitled;
q. Divulging valuable information of a confidential character

acquired by his office or by him on account of his official position to
unauthorized persons, or releasing such information in advantage of its
authorized release date (Section 3, R.A. 3019);
r. For the single act of receiving for himself a gift from a private
person who has a pending case before his office, a public officer may be
convicted of bribery and violation of R.A. 3019 without violating his right
against double jeopardy. The reason is that both offenses are distinct and
separate from one another having different elements. Under this jurisdiction, a
person may be convicted for different crimes arising from the same act or
incident without necessarily offending the constitutional proscription against
double jeopardy. Besides, the opening statement of Section 3 of R.A. 3019
explicitly declares that a public officer may be penalized for acts and
omissions constituting corrupt practices in addition to those already penalized
by existing law.
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3. Persons liable under this Act
Under Section 3 (a), the following persons are liable: (1) the public
officer who persuades, induces, or influences another public officer 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; and (2) the public officer who allow to be persuaded, induced or
influenced to commit such violation or offense.
It is not necessary that the public officer who allowed himself to be

prevailed upon by another officer public officer has committed the act
constituting a violation or an offense. A public officer who merely agrees to
perform such act, it is submitted, is equally liable for violation of this provision
of the Anti-Graft Law provided that the performance of the acts constituting a
violation or an offense is in connection with the official duties of the latter.
In one case, the respondent is the Bar Confidant of the Supreme Court.
After all the examination, notebooks of one failing bar examinee have been
checked, he referred back the aforesaid noted books to the respective
examiners for reevaluation without the prior consent of the Chairman, Bar
Examination Committee. Believing that the respondent has the authority to do
so, the examiners reevaluated the examination notebooks resulting in the
increase of the grade of the examinee and ultimately his passing the bar
examinations. The Supreme Court held that because the respondent bar
confidant returned the examination booklet for reevaluation without the
approval of the Chairman , he may be held liable for violation of Section 3 (a)
and 3(e) of Republic Act No. 3019 (In re: Victorio D Lanuevo, 66 SCRA 245).
A public officer charged for violation of Section 3(a) may not properly
claim exception from liability on the ground that he did not request or receive
any gift, present, or benefit. It is not necessary that the accused requested or
received any gift, present or benefit before or after allowing himself to be
persuaded, induced, or influenced. In people v. Bornales (13 CAR 972; 67
O.G. 8316), however, the Court of Appeals held that in the absence of any
allegation or proof that the accused so acted for a consideration, payment or
remuneration and that he intended to obtain personal gain, enrichment or
advantage, the accused may not be held liable under Anti-Graft and Corrupt
Practices Act (cited by Reyes, Criminal Law II, p. 380).
Meanwhile, Article 210 of the Revised Penal Code penalizes a public

officer who accepted an offer or promise or receives a gift or present by
himself or through another with a view to perform an act constituting a crime,
or in consideration of the execution of an act which does constitute a crime, in
connection with the performance of his official duties. Article 212, on the other
hand, penalizes any person (whether a public officer or not) who makes the
offers or promises or gives the gifts or presents to any public officer. It is
submitted that absent these offers, promises, gifts, or present, the public
officers who induces another to so act, and the public officer who so acted,
may be held liable for violation of Section 3 (a) of the Anti-Graft Law.
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4. Two instances where the act of requesting any gift, present, or

benefit by a public officer or employee are made punishable under this
Act
The act of requesting or receiving any gift, present, or benefit by a

public officer or employee is punishable under Republic Act No. 3019 in only
two instances. Under Section 3 (b) and (c) of R.A. 3019, requesting or
receiving any gift, present, or benefit is punishable only 1) in connection with
any contract or transaction between the Government and any other party,
wherein the public officer in his official capacity has to intervene under the
law; and 2) in consideration for the help given or to be given by the officer who
in any manner or capacity has secured or obtained or will secure or obtain
any Government permit or license. It is not indispensable, however, that the
public officer concerned accept the gift, present, or benefit under the
circumstances described by law. Republic Act 3019 penalizes even the act of
requesting directly or indirectly any gift, present, or benefit.
The act of receiving a gift under Section 3(b) and 3(c) should be
distinguished from the act of receiving a gift punishable under other penal
laws. Article 211of the Revised Penal Code imposes a penalty upon any
public officer who shall accept gift offered to him by reason of his office.
Presidential Decree No. 46 meanwhile makes it punishable for any public
official or employee to receive directly or indirectly, gift, present, or valuable
thing on any on any, including Christmas, when such gift, present, or other
valuable thing is given by reason of his official position. This is regardless of
whether or not the same is for past favor or favors or the giver hopes or
expects to receive a favor or better treatment in the future from the public
official or employee concerned in the discharge of his official function. Section
7(d) of the Code of Conduct and Ethical Standard (Republic Act No. 6713), on
the other hand, prohibits public officials and employee from soliciting or
accepting directly or indirectly, any gift, gratuity, favor entertainment, loan, or
anything of monetary value from any person in the course of their official
duties or in connection with any operation being regulated by, or any
transaction which may be affected by the function of their office. Note the
expanded concept of “gift”.
In one case, a Municipal Trial Court (MTC) Sheriff enforcing a decision

of the court against a judgment debtor has been found to have accepted
additional amounts than are authorized under the law. The Supreme Court
held that Sheriff incurred criminal liability for violation of Section 3(b) of R.A.
3019 (Delos Reyes v. Erispe (276 SCRA 36). It is respectfully submitted that
this pronouncement is not doctrinal being only an obiter dictum in an
administrative case versus an MTC sheriff. To be liable under Section 3(b),
the acceptance of gift or benefit by a public officer must be in connection of
any contract or transaction between the Government and any other party,
wherein the public officer in his official capacity, has to intervene under the
law. The circumstances of the case do not show this essential element. If at
all, the sheriff may be held liable for violation of Section 7(d) of R.A. 6713
(Code of Conduct and Ethical Standards for Public Official and Employees).
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In another case, a person was accused of Qualified Theft before the

City Prosecution Office. The case was assigned to the accused who was then
an Assistant City Prosecutor. The accused demanded Php 20,000 from that
person in exchange for the dismissal of the case. The Supreme Court held
that the prosecutor may not be held liable for violation of section 3 (b) of
Republic Act no. 3019. It is obvious that the investigation conducted by the
prosecutor was not a contract. Neither was it a transaction because this term
must be construed as analogous to the terms which precedes it. A
transaction, like a contract, is one which involves some consideration as in
credit transactions and this element (consideration) is absent in the
investigation conducted by the prosecutor. The prosecutor may, however, be
held liable for Direct Bribery (Soriano, Jr. v. Sandiganbayan, 131 SCRA 184).
Section 3(b) refers to a public officer whose official intervention is

required by law in a contract or transaction. Thus, where the petitioner, an
assistant principal in a public school, volunteered to personally facilitate the
early release of the salary differentials of the teachers who have not been
receiving their salaries, on the condition that they will reimburse his expenses
which they did, said petitioner does not incur liability under Section 3(b).
There is no law which invests the petitioner with the power to intervene
in the payment of salary differentials of the complainants or anyone for that
matter. Far from exercising any power, the petitioner played the humble role
of a supplicant whose mission was to expedite payment for the salary
differentials. Accordingly, he cannot be said to have violated the law
aforecited although he exerted efforts to facilitate the payment of the salary
differentials (Jaravata v. Sandiganbayan, 17 SCRA 363).
However, in Mejia v. Pamaran (160 SCRA 457), the Supreme Court

sustained the conviction of a branch clerk of court under Section 3(b), R.A.
3019, for persuading the complainants in a case pending before the court to
give her money in consideration of a promise to get a favorable resolution of
their case. In her assigned error, the accused alleged that she did not
intervene in the setting of the hearing of cases and she did not formulate
resolutions thereof. The Court, however, explained that it is special relation of
the accused with the judge, who presumably had proposed confidence in her,
which appeared to have been taken advantage of of the accused in
persuading the complainants to give her money.
In prosecution under Section 3 (b) of the Anti-Graft Law, the value of

the gift, money, present, etc. is immaterial or determinative of the guilt or
innocence of the accused or the penalty imposable. What is penalized is the
receipt of any gift, present, share, percentage, or benefit by a public officer in
connection with a contract or transaction with the government, wherein the
public official has to intervene in his capacity. Thus, where the accused was
charged in information for violation of Section 3 (b) for demanding and
receiving Php 1, 000.00, but during the trial, the court in convicting him found
that amount received was only Php 500.00, the accused may not validly raise
the issue on appeal that he cannot be convicted on such defect in the
information (Mejia v. Pamaran, supra).
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When the law (Section 3 (b), R.A. 3019) speaks of “receiving” any gift,
present, share, percentage, or benefit as a punishable act, it means an act of
“receiving” that is intended to be penalized by the law, but the couple with the
element of knowledge or voluntariness. In one case, the accused was
prosecuted under Section 3(b) R.A. 3019 after having been caught in
flagrante in the act of “receiving” money from the supposed giver. On cross-
examination, a prosecution witness testified that at a time the accused was
caught by the NBI agents, he was urinating and the giver inserted the money
into his pocket and immediately turned his back and hurriedly left. The trial
court found him guilty as charge. On appeal, the decision was reversed. The
appellate court held that the giving of the money afforded the accused no
opportunity of either refusing to receive it or of returning the same to the giver,
because at the time the money was inserted into his pocket, he was urinating
(People v. Agustin, 17 CAR (2s) 769, cited by Padilla, Criminal Law, Vol. III,
1989, p. 364).
Section 3(c) of R.A. 3019 penalizes a public officer for requesting or

receiving gift, present, or any pecuniary or material benefit from any person
for whom the public officer, in any manner or capacity, has secured or
obtained or will secure or obtain, any permit or license, in consideration for the
help given or not to be given. Thus, in prosecution for violation of this
provision, it does not behoove the prosecution to prove that the accused took
advantage of his public office before he may be convicted.
The prohibited acceptance of gift under Republic Act No. 3019 refers to
gifts whose value is manifestly excessive under the circumstances (Section
2(c), R.A. 3019). It does not include unsolicited gifts or presents of small or
insignificant value offered or given as mere ordinary token of gratitude or
friendship according to local customs or usage (Section 14, R.A. 3019).
5. Two (2) acts penalized under Section 3(d) of R.A. 3019
a. Accepting employment in private enterprise which has pending

official business with him during the pendency thereof or within one year after
its termination.
b. 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. Under Section 7(b),
R.A.6713, however, the prohibition from accepting employment in any private
enterprise regulated, supervised, or licensed by his office under shall continue
to apply for a period of one (1) year after retirement from public office.
6. Two (2) ways of violating Section 3 (e) of R.A. 3019
a. by causing undue injury to any party including the Government.
b. by giving any private party any unwarranted benefit, advantage

or preference, in the discharge of the official, administrative or judicial
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functions of the offender through manifest partiality, evident bad faith, or gross
inexcusable negligence (Santiago v. Garchitorena, 228 SCRA 214).
If the act of causing injury or giving benefits constitutes a crime defined

or penalized under existing law, the offender may be held liable thereunder in
addition to his criminal liability under R.A. 3019. Thus, for example, a judge
shall knowingly render an unjust judgment in any case submitted to him for
decision, thus, causing undue injury to the losing party and giving
unwarranted benefits in favor of the winning party, the judge may also be held
liable for Dereliction of Duty under Article 204 of the Revised Penal Code.
In Llorente v. Sandiganbayan, the court held the “causing” means to be

the cause or occasion of, to effect as an agent, to bring into existence, to
make or to include or, to compel (citing Pecho v. Sandiganbayan, 238 SCRA
116). Causing is, therefore, not limited to positive acts only. Even passive acts
or inaction may cause undue injury. What is essential is that the undue injury,
which is quantifiable and demonstrable, results from the questioned official’s
act or inaction (287 SCRA 382). Thus, a municipal mayor who refuses to sign
and approve the payroll and vouchers representing the payments of salaries
and other emoluments of an employee in the municipal government, which
cause undue injury to said employee, may be held liable for violation of
Section 3 (e) of the Anti-Graft Law even when what was imputed to his is only
a passive act.
Black defined the word “cause” to mean to be the cause occasion of; to
effect as an agent; to bring about; to bring into existence; to make or induce;
or to compel (Black’s Law Dictionary, 1979). To incur criminal liability for
causing injury, the act or omission of the respondent should at least the
proximate cause of the injury caused.
In the case of Llorente v. Sandiganbayan, Supra, the Court interpreted

“undue injury” as “actual damage”. “Undue” has been defined as “more than
necessary, not proper [or] illegal”; and “injury” as “any wrong or damage done
to another, either in his person, rights, reputation or property, the invasion of
any legally protected interest of another.” Actual damage of the context of
these definitions is akin to that in civil law (citing Pecho v. Sandiganbayan,
238 SCRA 116).
Unlike in action for torts, undue injury in Section 3(e) of R.A. 3019
cannot be presumed even after a wrong or a violation of right has been
established. Its existence must be proven as one of the elements of the crime,
and the injury should be specified, quantified, and proven to the point of moral
certainty. They cannot be based on flimsy and non-substantial evidence or
upon speculation, conjecture, or guesswork (citing Tolentino, Civil Code, Vol.
V. 1992). Further, they cannot include speculative damages which are too
remote to be included in an accurate estimate of the loss or injury. Mere
inconvenience is not constitutive of undue injury.
However, in Fonacier v. Sandiganbayan (238 SCRA 655), the court

ruled that proof of the extent or quantum of damage is not essential, it being
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sufficient that injury suffered or benefit received can be perceived to be

substantial enough and not merely negligible.
In Gallego v. Sandiganbayan, the Court held the word “unwarranted” is

not uncertain. It means lacking adequate or official support; unjustified;
unauthorized (citing Webster, Third New International Dictionary); or without
justification or justice (citing Words and Phrases, Permanent Edition, Vol 43-
A, 1978). It is not at all difficult to comprehend that what the aforementioned
penal provisions Sec. 3(e), R.A. 3019 penalizes is act of a public officer, in the
discharge of his official, administrative or judicial functions, in giving any
private party benefit, advantage or preference which are unjustified
unauthorized, or without justification or adequate reason, through manifest
partiality, evident bad faith or gross inexcusable negligence (115 SCRA 793).
In the information filed with the Sandiganbayan, the accused was

charged for “giving unwarranted benefits in the discharge of his official and/or
administrative functions through manifest partiality, evident bad faith or gross
inexcusable negligence.” The accused contended that the information
charges him with three (3) distinct offenses, to wit: (a) the giving of
unwarranted benefits through manifest partiality; (b) the giving of unwarranted
benefits through evident bad faith and (c) the giving of unwarranted benefits
through gross inexcusable negligence, which violates the rule duplicity. It was
held that the accused was charged with only one (1) distinct offense, i.e., the
giving of unwarranted benefits. The phrases “manifest partiality” “evident bad
faith” and “gross inexcusable negligence” merely describe the different modes
by which the offense penalized in Section 3(e) of the statute may be
committed, and the use of all these phrases in the same information does not
mean that the indictment charged three distinct offenses (Gallego v.
Sandiganbayan, Supra).
To be held criminally liable under the said section, the act of the
accused which caused undue injury must have been done with evident bad or
with gross inexcusable negligence (Alejandro v. People, 170 SCRA 400).
Perforce, good faith or lack of malice is a valid defense to the charge of
violation Section 3(e) of the Anti-Graft and Corrupt Practices Act.
Bad faith does not simply connote bad judgment or negligence; it

imputes a dishonest purpose or some moral obliquity and conscious doing of
a wrong; a breach of sworn duty through some motive or intent or ill will; it
partakes of nature of fraud. It contemplates a state of mind affirmatively with
furtive design or some motive of self interest or ill will for ulterior purpose.
Evident bad faith connotes a manifest deliberate intent on the part of the
accused to do wrong or cause damage (Marcelo v. Sandiganbayan, 185
SCRA 346).
In Marcelo v. Sandiganbayan (supra), “manifest partiality” is described

as a clear, notorious or plain inclination or predilection to favor one side rather
than the other”.
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In Alejandro v. People, “gross negligence” has been defined as

negligence characterized by the want event slight care, acting or omitting to
act in a situation where there is a duty to act, not advertently but willfully and
intentionally with conscious indifference to consequences insofar as other
people may be affected. It is the omission of that care which even inattentive
and thoughtless men never fail to take on their own property (supra).
In one case, the court was persuaded from the study of the evidence
that the accused actuated by a dishonest purpose or ill will, partaking of a
fraud or some furtive design, or ulterior purpose to do wrong and cause
damage. Records show that the accused, a deputy sheriff, went to the
premises of the judgment debtor corporation to enforce a writ of execution
against it in favor of the judgment creditor corporation. Instead of limiting
himself to the properties he had earlier listed in the notice of levy, he also took
a vehicle over the objection of the third party who claimed that the vehicle
belonged to him. He did not issue a receipt for the vehicle neither did he list it
in the partial sheriff's return on execution as among the properties seized by
him in satisfaction of the judgment. The Sandigabayan convicted the deputy
sheriff of violation of Section 3 (e), RA 3019 for causing undue injury to the
third party owner of the vehicle through evident bad faith. According to
Supreme Court:
In fact what we see here is a rather confused person,

prodded on the one hand by the judgment creditor’s counsel
and resisted on the other hand by the president of the judgment
debtor. Both apparently exerted some kind of influence upon
him that befuddled his mind and warped his judgment. In the
end, he was left holding the bag so to speak, and hardly able to
explain himself. (Marcelo v. Sandiganbayan, supra)
A government official cannot be held negligent in relying on the

certification of a co-equal unit in the same organization, or for failing to look
beyond such certification. Their guilt must be premised on a more knowing
personal deliberate participation of each individual who is charged with others
as part of a conspiracy rather than simply because he was the last of a long
line of officials or employees who acted upon or affixed their signatures to a
transaction (Pareno v. Sandiganbayan, 256 SCRA 242).
In still another case, the accused is the auditor of the Rizal Engineering
District of the Bureau of Public Works which oversees the Manggahan
Floodway Project intended to ease the perennial floods in Marikina and Pasig.
Together with other bureau officials, he was charged with violation of section
3(e) of RA 3019 in connection with the overpricing of the land purchased for
the floodway. Evidence for the prosecution consisted, among others, of the
certification from the assessor’s office of valuation of the subject properties
and the documents used in the negotiated sale, all of which were clearly
falsified. The accused was charged in conspiracy with other person for failing
to probe the records, inspect the documents, observe procedures, and
question certain persons. In acquitting him, the Court doubted if any auditor in
a fairly-seized officer could personally do all these things in all vouchers
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presented for his signature. The Court would be asking for the impossible. All
heads of offices have to rely to a reasonable extent on their subordinates and
on the good faith of those who prepare bids, purchased supplies, or enter into
negotiations (Arias v. Sandiganbayan, 180 SCRA 309).
The Court continued:
We would be setting a bad precedent if a head of office

plagued by all too common problems – dishonest or negligent
subordinates, overwork, multiple assignment or positions, or
plain incompetence – is suddenly swept into a conspiracy
conviction simply because he did not personally examine
every single detail, painstakingly trace every step from
inception, and investigate the motives of every person
involved in a transaction before affixing his signature as the
final approving authority. (Arias v. Sandiganbayan, supra. See,
however, the dissenting opinion)
In Quibal v. Sandiganbayan (244 SCRA 224), the Court sustained the

conviction of the municipal mayor and treasurer for their failure to impose the
penal provision in the contract against the contractor. The court held that
unnecessary delay of almost two (2) years of the construction of the municipal
market caused considerable money loss to the municipal government in the
form of monthly rentals. By their acts, the accused clearly acted with manifest
partiality and evident bad faith relative to the construction of the municipal
market.
In Amper v. Sandiganbayan (279 SCRA 434), the Court sustained the

conviction of assistant city engineer for violation of Section 3(e), RA 3019. By
taking advantage of his official position as Assistant City Engineer, the
accused was able to use for his personal gain a city government-owned
backhoe without any consideration and without any authority from the city
government, thereby causing undue injury to the city government consisting in
the undue wear tear of the said equipment and its use without consideration.
The last sentence of paragraph (e) is intended to clarify the inclusion of

officers and employees of offices or government corporations which under the
ordinary concept of “public officers” may not come within the term. It is the
strained construction of the provision to read it as applying exclusively to
public officers charged with duty of granting license or permits or other
concessions (Mejorada v. Sandiganbayan, 151 SCRA 399).
7. What acts punishable under Section 3 (f)?
Mere neglect or refusal, after due demand or request, without sufficient

justification to act within a reasonable time on any matter pending before an
office is not punishable under Section 3(f) of RA 3019. To be punishable, such
neglect or refusal must be for any of the following purposes: 1) obtaining,
directly or indirectly, from any person interested in the matter some pecuniary
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or material benefits or advantage; 2) favoring one’s own interest; or 3) giving

undue advantage in favor of or discriminating against other interested party.
The provision of Section 3 (f) of R.A. 3019 applies not only to a public
officer or employees who neglects or refuses to discharge a ministerial
function. There is nothing in Section 3 (f) of R.A. 3019 which delimits the
scope of official function to purely ministerial. Besides, even the discharge of
discretionary function may be neglected or refused for any of the three
purposes enumerated in paragraph (f).
In Nessia v. Fermin (220 SCRA 615), respondent Mayor of Victorias,

Negros Occidental was sought to be held liable for damages of maliciously
refusing to act on the vouchers of petitioner Nessia covering the latter’s claim
of reimbursement of travel expense allowance. In his defense, Mayor Fermin
countered that claims of Nessia could not be approved because they
exceeded the budgetary appropriation therefore. The Court held that although
respondent Fermin may not compelled by mandamus to approve the
vouchers, his official inaction is punished as graft under Section 3(f) of R.A.
3019.
In Coronado v. Sandiganbayan (August 18, 1993), it was held that

neglect of a Regional Trial Court (RTC) process server to serve a court order
during the period of five (5) months does not ipso facto give rise to the
criminal liability under Section 3 (f). There must be proof that the dereliction
was without sufficient justification and for any of the three purposes provided
for in Section 3 (f) under the Anti-graft Law.
8. What is punishable under Section 3 (g) of this Act?
Section 3 (g) of R.A. 3019 punishes the act of a public officer in

entering, on behalf of the government, into any contract or transaction
manifestly or grossly disadvantageous to the same, whether or not the public
officer profited or will profit thereby.
In one case, the Supreme Court held that no liability, whether criminal
or administrative, may be imputed to a mayor who, in entering into a contract,
merely complied with the mandate of resolutions passed by the Sangguniang
Bayan. Interpreted in the light of other official documents executed a year
earlier, because the appropriations ordinance provided only for the purchase
of heavy equipment., the mayor, accordingly, did not have authority to enter
into negotiated contract for the lease thereof. The Supreme Court held that it
is within the power and prerogative of the town council to repeal its prior acts,
either expressly, or by the passage of essentially inconsistent resolution. It
was in fact the council’s intention, which it expressed in clear language, to
confer on the Mayor’s ample discretion to execute a “negotiated contract” with
any interested party, without regard to any official acts of the council prior to
the resolution.
The invalidity of the contract may not be successfully raised as a

defense in prosecution for violation of Section 3 (e). In one case, a city mayor
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entered into a contract for and on behalf of the city government for the
purchase of 59 units of traffic deflectors at Php 1, 436.50 per unit which was
manifestly and grossly disadvantageous to the city. Investigation also
disclosed that it was made possible through sham bidding and a series of
falsification by the city mayor. The Sandiganbayan found him guilty of
violation of Section 3(g) of R.A. 3019. On appeal, he raised the defense that
the assailed contract lacks the necessary certification of the city treasurer
regarding availability of funds and is therefore, null and void pursuant to
Section 607 and 608 of the Revised Administrative Code. In dismissing the
appeal, the court held that it is not at all difficult to see that to determine the
culpability of the accused, it needs only to be established that the accused is
a public officer, that he entered into a contract or transaction on behalf of the
government, and that such contract or transaction is grossly and manifestly
disadvantageous to that government. Thus, to require for conviction under the
Anti-Graft and Corrupt Practices Act that the validity of the contract or
transaction be first proved would be to enervate, if not defeat, the intention of
the act. For what would prevent the official from entering into those kinds of
transaction against R.A. 3019 is directed and then deliberately omitted the
observance of certain formalities just to provide convenient leeway to avoid
the clutches of the law in the event of discovery and consequent prosecution.
In the present case, assuming arguendo that the absence of certification of
the city treasurer as to availability of funds would materially affect the validity
of the contract, that matter would be immaterial to the determination of
respondent’s liability under R.A. 3019 (Luciano v. Estrella 34 SCRA 769).
However, in Duterte v. Sandiganbayan (289 SCRA 721), the contract

subject of a complaint for alleged violation of Section 3 (g) was rescinded
before the complaint was filed. The Court held that the said contract became
in contemplation of law non-existent, as if no contract was ever executed the
element of the crime – the accused public officer entered into a contract in
behalf of the government – is absent. It is respectfully submitted that this
ruling is inconsistent with the clear intent of the law which is the repression
acts that are not only unlawful or corrupt per se, but those that may lead to or
result in graft and corruption.
9. What are punishable under Section 3 (h) of this Act?
The act constituting an offense under Section 3(h) of R.A. 3019 is

directly or indirectly having financial or pecuniary interest in any business
contract, transactions: 1) in connection which a public officer intervenes or
takes part in his official capacity; or 2) in which he is prohibited by the
constitution or by any law from having any interest.
An actual intervention in an official transaction is an indispensable

element of Section 3(g). In Trieste v. Sandiganbayan (145 SCRA 508), before
the petitioner assumed the mayorship of his town, he sold to his sister all his
shares in a corporation of which he was the president and majority
stockholder. Without the knowledge of the mayor, the municipal treasurer
made direct purchases with said corporation. There was no irregularity which
attended the purchases. After the supplies were delivered, the municipal
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treasurer prepared the vouchers and paid the corporation. Forthwith, these
vouchers and other supporting papers were presented to the petitioner for his
signature. For affixing his imprimatur on these vouchers, he now stands
charged for violation of Section 3 (h) of R.A. 3019. The Court ruled that in as
much as the treasurer signed and paid the vouchers after the materials were
delivered, petitioner’s signature on the vouchers after payment is not the kind
intervention under Sec. 3 (h) of the Anti-Graft Law. What is contemplated in
the section is the actual intervention in the transaction in which one has
financial or pecuniary interest in order that liability may attach (Opinion No.
306, s. 1961; Opinion No. 94, s. 1972 of the Secretary of Justice). The official
need not dispose his shares in the corporation as long as he does not do
anything for the firm in its contract with the office, for the law aims to prevent
the dominant use of influence, authority, and power (Deliberation on Senate
Bill 293, May 6, 1959, Congressional Record, Vol. 11. P. 603).
In Palma Gil v. People (117SCRA 229), the contract to haul cement

and other material was given to Iturralde not by the mayor (Palma Gil) but by
his driver Roger Bacalla. Nowhere in the testimony of Roger Bacalla did he
categorically state that the mayor authorized him to award the contract to
Iturralde. The Court held that actual intervention contemplated by Section 3(h)
does not appear clearly in the instant case.
In Macariola v. Asuncion (114 SCRA 77), the respondent judge was

charged with acts unbecoming a judge alleging that he violated Article 14,
paragraph 1 and 5 of the Code of Commerce, Section 3, paragraph (h) of R.A.
3019, and section12 Rule XVIII of the Civil Service Rules, by associating with
Traders Manufacturing and Fishing Industries, Inc., as a stockholder and as a
ranking officer while he was a judge of the Regional Trial Court of Leyte. In
dismissing the charge for violation of the Anti-Graft Law, the Court held that
the respondent judge cannot be held liable under the aforestated paragraph
(section 3 (h) of R.A. 3019) showing that the respondent participated or
intervene in his official capacity in the business or transactions of the Traders
Manufacturing and Fishing Industries, Inc. In the case at bar, the business of
the corporation in which the respondent participated has obviously no relation
or connection with his judicial office x x x. It is not enough to be a public
official to be a subject to this crime; it is necessary that by reason of his office,
he has to intervene in said contract or transactions. Hence, the official who
intervenes in contracts or transactions which have no relation to his office
cannot commit this crime x x x. It does not appear also that aforesaid
corporation gained any undue advantage in its business operations by reason
of respondent’s financial involvement in it, or that the corporation benefited in
one way or another in any case filed by or against it in court x x x.
Furthermore, respondent is not liable under same paragraph because there is
no provision in both the 1935 and 1973 Constitution of the Philippines, nor is
there an existing law prohibiting members of the judiciary from engaging or
having interest in any lawful business x x x. In addition, although Section 12,
Rule XVIII of the Civil Service Rules x x x prohibits an officer or employee in
the civil service from engaging in any private business x x x without a written
permission from the head of department, the same, however, may not fall
within the purview of par. J., Section 3 of [R.A. 3019] because last portion of
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said paragraph speaks of a prohibition by the constitution or law x x x and not

by a mere administrative rule or regulation.
In Doromal v. Sandiganbayan (117 SCRA 254), a PCGG

Commissioner was charged for violation of Section 3(h) for participating in a
business through a family corporation of which he is the President, and
company participated in the bidding conducted by the DECS and NMYC,
which act or participation is prohibited by law and the Constitution. The
accused, however, contented that the facts alleged do not constitute the
offense charged arguing that the Special Prosecutor admitted in the
Sandiganbayan that he did not possess any document signed and/or
submitted to the DECS by the accused after he became a PCGG
Commissioner. The Court ruled that presence of a signed document bearing
the signature of the accused as part of the application to bid is not a sine qua
non and the accused can rightfully be charged with having participated in a
business which act is absolutely prohibited by Section 13 of article VII of the
Constitution because the corporation remained a family corporation in which
the accused has at least an indirect interest.
10. What are punishable under Section 3 (i) of this Act?
The acts punishable under 3 (i) of R.A. 3019 are: 1) directly or

indirectly becoming interested, for personal gain, in any transaction or act
requiring the approval of a board, panel, or group of which he is a member,
and which exercises discretion in such approval; and 2) directly or indirectly
having material interest in any transaction or act requiring approval of a board,
panel or group of which he is a member, and which exercises discretion in
such approval. Interest for personal gain shall be presumed against those
public officers responsible for the approval of manifestly unlawful, inequitable,
or irregular transactions or acts by the board, panel or group to which they
belong (second sub-paragraph, section 3(i), R.A. 3019).
Financial or material interest is defined as pecuniary or proprietary

interest by which a person will gain or loss something (Section 52, Revised
Rules on Administrative Cases, in the Civil Service, CSC Memorandum
Circular No. 19 s. 1999).
There is nothing in the law which requires the use of dominant

influence by a member of a board, panel, or group in the approval of any
transaction or act to hold the member who participated in the action liable
therefore. What the law punishes is the plain act of directly or indirectly having
material interest in the act requiring approval of the board, panel, or group of
which he is a member, and which exercises discretion in such approval.
Section 3 (i) explicitly penalizes a member of a board, panel, or group

who becomes interested for personal gain or has a material interest in any
transaction or act requiring the approval of a board, panel or group, even if he
votes against the same or does not participate in its action. Thus, as long as
that member continues to be a member of that board, panel, or group, his
liability subsists whatever action he may take therein. Therefore, a member of
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the board, panel, or group may only escape liability by resigning therefrom
beforehand.
11. What are punishable under Section 3 (j) of this Act?
The act constituting a crime under Section 3 (j) of R.A. 3019 is

knowingly approving or granting any license, permit, privilege or benefit in
favor of any person not qualified for or not legally entitled to such license,
permit, privilege or advantage, or of a mere representative or dummy of one
who is not so qualified or entitled. The mere act of approving or granting any
license, permit, privilege or benefit in favor of any person not qualified for or
not legally entitled to such permit, license, privilege or advantage, is not
punishable under the Anti-Graft Law absent any knowledge on the part of the
public official that that person is not so qualified or legally entitled thereto.
In one case, the respondent was formerly the Chief, Records and
Management Section, Office of the University Registrar, University of the
Philippines. Records show that four (4) students, all relatives of the
respondent, had been assessed for quite a number of school years as
grantees either under the University’s tuition fee discount program or the
Philippine Veterans Administration Scholarship Grants. The Court held that
the granting of unmerited reductions in fees to his relatives is punishable
under Section 3 (e) and (j) and Section 9 (a) of the Anti-Graft and Corrupt
Practices Act (University of the Philippines v. Civil Service Commission, 208
SCRA174).
12. What are punishable under Section 3 (k) of this Act?
The act which constitutes a crime under Section 3( k) of the Anti-Graft

Law are: 1) divulging valuable information of a confidential character acquired
by his office or by him on account of his official position to unauthorized
persons; and 2) releasing such information in advantage of its authorized
release date.
13. Jurisdiction.
The Sandiganbayan shall exercise original jurisdiction in all cases

involving violations of Republic Act No. 3019 where one or more of the
principal accused are officials occupying the following position in the
government, acting or interim capacity at the time of the commission of the
offense.
a. Official of the executive branch occupying the positions of

regional director or higher, otherwise classified as grade 27 and higher of the
Compensation and Position Classification Act of 1989 (R.A. 6758);
b. Members of Congress and officials thereof classified as grade

27 and up under Compensation and Position Classification Act of 1989;
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c. Members of Judiciary without prejudice to the provision of the

Constitution.
d. Chairman and members of Constitutional Commissions without

prejudice to the provisions of the Constitution;
e. All other national and local officials classified as grade 27 and

higher under the Compensation and Position Classification Act of 1989.
In Doromal v. Sandiganbayan (117 SCRA 354), the Court held that

preventive suspension for an indefinite period of time, such as one that last
until the case against the incumbent official shall have been finally terminated,
would “outrun the bounds of reason and result of sheer oppression” and a
denial of due process. Consequently, the maximum period of ninety (90) days
provided in Section 42 of the Civil Service Decree (now Section 52 of the
Administrative Code of 1987), was held to apply to appointive officials.
Under Section 63 (b) of the Local Government Code: Preventive

suspension may be imposed at any time after the issues are joined, when the
evidence of guilt is strong, given the gravity of the offense, there is probability
that the continuance in office of the respondent could influence the witnesses
or pose a threat to the safety and integrity of records and evidence; provided,
that, any single preventive suspension of local elective officials shall not
extend beyond sixty (60) days: provided further that in the evident that several
administrative cases are filed against an elective official, he cannot be
preventively suspended for more than ninety (90) days within a single year on
the same ground pr grounds existing and known at the time of the first
suspension (See Rios v. Sandiganbayan (279 SCRA 581), where the Court
applied this provision of the Local Government Code).
In one case, the Mayor of Cebu City was charged administratively

before the Office of the Deputy of the Ombudsman for the Visayas in
connection with the alleged anomalous purchase of asphalt through a contract
he signed. He was placed under preventive suspension for a maximum of six
(6) months without pay pursuant to R.A. 6770 (The Ombudsman Act of 1989).
In his Petition for Certiorari and Prohibition, the mayor alleged that his
preventive suspension for six (6) months was in gross violation of Section 63
of the Local Government Code which limits the preventive suspension of local
officials to a maximum of sixty (60) days. The court held that the shorter
period of suspension under the Local Government Code was intended to limit
the period of suspension that may be imposed by a mayor, a governor, or the
President, who may be motivated by a partisan political considerations while,
in contrast, the Ombudsman, who can impose a longer period of preventive
suspension, was not likely to be similarly motivated because it is a
constitutional body (Garcia v. Mojica, 314 SCRA 207).
Section 13 of R.A. 3019 provides that if the accused is acquitted, he

shall be entitled to reinstatement and to the salaries and benefit which he
failed to receive during the suspension. However, where the statute speaks of
the suspended officer being acquitted, it means after due hearing and
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consideration of the evidence against him and the court is of the opinion that
his guilt has not been proved beyond reasonable doubt. Dismissal of the case
against the suspended officer on the ground of death will not suffice because
dismissal does not amount to acquittal. Hence, the accused is not entitled to
salaries and benefit (Malayaon v. Lising et al., 106 SCRA 237).
The term “office” in the Anti-Graft Law could apply to any office which
the officer charged might currently be holding and not necessarily to particular
office under which he was charged (Bayot v. Sandigabayan, 128 SCRA 383;
also in Libanan v. Sandiganbayan, 233 SCRA 153). Thus, a senator who was
charged with violation of the Anti-Graft Law for the acts she committed during
her incumbency as CID Commissioner may be suspended from office even if
she is now holding a different office.
14. Prescription of Offenses
Violation of the Anti-Graft and Corrupt Practices Act prescribes in

fifteen years (Section 11, R.A. 3019).
15. Penalties for Violations
Any public officer or private persons committing any of the unlawful

acts or omissions enumerated in Section 3, 4, 5, and 6 of this act shall be
punished with imprisonment for not less than six years and one month to not
more than fifteen years, perpetual disqualification from public office, and
confiscation or forfeiture in favor of the Government of any prohibited interest
and unexplained wealth manifestly out of proportion with his salary and other
lawful income (Section 9, R.A. 3019).
Section 9 of this Act enumerates the penalties for violation of the

following Sections:
Under Section 3 (corrupt practices of public officers), 4 (prohibition on

private individuals), 5 (prohibition on certain relatives), and 6 (prohibition of
Members of Congress) –
a. Six (6) years and one (1) month to fifteen (15) years of
imprisonment
b. Perpetual disqualification from public office
c. Forfeiture in favor of the government of any prohibited interest

and unexplained wealth
Under Sec 7 - (Statement of Assets and Liabilities)
a. Fine of one (1) thousand to five (5) thousand pesos
b. Imprisonment not exceeding one (1) year and six (6) months
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c. In case of administrative proceedings, the penalty shall be

dismissal from the service.
16. Section 12. Termination of Office
No public officer shall be allowed to resign or retire pending

investigation, criminal or administrative or pending prosecution against him,
for any offense under this act or under the provisions of the Revised Penal
Code on bribery.
17. Section 13. Exception
Unsolicited gifts or presents of small or insignificant value offered as a

mere ordinary token or gratitude or friendship according to customs and
usage shall be exempted from the provisions of this Act.
Source: Pamphlet on Digested Graft and Corruption Cases
prepared by: Atty. Alan R. Cañares, Office of the Deputy Ombudsman for the
Military, 3rd Floor Ombudsman Building Agham Road, Diliman, Quezon City
Section 4-3 Republic Act No. 1379
1. Purpose. This is an Act declaring forfeiture, in favor of the state, of any

property found to have been unlawfully acquired by any public officer or
employee and providing procedure therefore.
2. Definition of terms
Section 1 defines the following:
a. Public Officer or Employee – includes elective and appointive

officials and employees, permanent, temporary, casual, contractual whether in
the classified or unclassified or exempt service receiving compensation, even
nominal, from the government.
b. Legitimately Acquired Property – any real or personal property,

money or securities which the respondent has at any time acquired by
inheritance and the income thereof, or by gift before becoming a public officer,
or any property already pertaining to him when he qualified for public office or
employment, or the fruits of the exclusive property of the respondent’s
spouse, except:
1) Concealed property by the respondent recorded in his

name or held by respondent’s spouse, ascendants, descendants, relatives or
any persons.
2) Property transferred to another person or persons during

the effectivity of this act.
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3) Property donated during his incumbency.
3. Procedure
Section 2 provides the procedure on the filing of petition – The Solicitor

General or the Provincial Prosecutor shall conduct preliminary investigation
upon the complaint of any taxpayer and shall certify that there is a reasonable
ground to believe that there is a violation of this act and the respondent is
probably guilty. A case shall be filed before the Regional Trial Court of the city
or province where said public officer resides or holds office.
4. Protection against self-incrimination
Section 8 clarifies and provides protection against self-incrimination -

Neither the respondent nor any other person may refuse to testify on the
ground that it may incriminate him or subject him to prosecution.
5. Immunity
Section 9 provides immunity from criminal prosecution to any witness –

The Solicitor General may grant immunity from criminal prosecution to any
person who testified to the unlawful manner in which the respondent has
acquired any of the property in question in cases where such testimony is
necessary to prove violations of this Act.
6. Limitation
Section 10 explains the fact that a certain real property has been
recorded in the Registry of Property in the name of respondent or any other
third person shall not prevent the rendering of the judgment.
7. Prescription
Section 11 explains that prescription cannot be invoked by, nor shall

benefit the respondent, in respect to any property unlawfully acquired by him.
8. Penalties
Section 12 provides the penalties of imprisonment not exceeding five

(5) years and/or fine exceeding ten (10) thousand pesos.
1. Purpose. This is an Act that provides for the functional and structural
organization of the Office of the Ombudsman and for other purposes.
This section selected only some important provisions that are relevant
in this Manual.
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2. Limitation on the power to conduct investigation
Section 14 gives the provision on how the Office of the Ombudsman

conduct its investigation on cases within its jurisdiction without restrictions. –
As stated, no writ of injunction shall be issued by any court to delay an
investigation being conducted by the Ombudsman under this Act, unless there
is a prima facie evidence that the subject matter of the investigation is outside
the jurisdiction of the Office of the Ombudsman.
On the findings of the Ombudsman on cases being investigated, it
added that no court shall hear any appeal or application for remedy against
the decision or findings of the Ombudsman, except the Supreme Court, on
pure question of law.
3. Powers, Functions and Duties
Section 15 enumerates the powers, functions, and duties of The Office

of the Ombudsman as follows:
a. Investigates and prosecutes on its own or on complaint by any

person, any act or omission of any public officer or employee, office or
agency, when such act or omission appears to be illegal, unjust, improper or
inefficient. It has primary jurisdiction over cases cognizable by the
Sandiganbayan and, in the exercise of his primary jurisdiction, it may take
over, at any stage, from any investigatory agency of government, the
investigation of such cases;
b. Directs, upon complaint or at its own instance, any officer or

employee of the Government, or of any subdivision, agency or instrumentality
thereof, as well as any government-owned or controlled corporations with
original charter, to perform and expedite any act or duty required by law, or to
stop, prevent, and correct any abuse or impropriety in the performance of
duties;
c. Directs the officer concerned to take appropriate action against

a public officer or employee at fault or who neglects to perform an act or
discharge a duty required by law, and recommends his removal, suspension,
demotion, fine, censure, or prosecution, and ensures compliance therewith; or
enforce its disciplinary authority as provided in Section 21of this Act:
Provided, that the refusal by any officer without just cause to comply with an
order of the Ombudsman to remove, suspend, demote, fine, censure, or
prosecute an officer or employee who is at fault or who neglects to perform an
act or discharge a duty required by law shall be a ground for disciplinary
action against said officer;
d. Directs the officer concerned, in any appropriate case, and

subject to such limitations as it may provide in its rules of procedures, to
furnish it with copies of documents relating to contracts or transactions
entered into by his office involving the disbursement or use of public funds or
properties, and reports any irregularity to the Commission on Audit for
appropriate action;
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e. Requests any government agency for assistance and

information necessary in the discharge of its responsibilities, and to examine,
if necessary, pertinent records and documents;
f. Publicizes matters covered by its investigation of the details

mentioned in paragraphs (1), (2), (3), and (4) hereof, when circumstances so
warrant and with due prudence: Provided, that the Ombudsman under its
rules and regulations may determine what cases may not be made public:
Provided further that any publicity issued by the Ombudsman shall be
balanced, fair, and true;
g. Determines the causes of inefficiency, red tape,

mismanagement, fraud, and corruption in the government and makes
recommendations for their elimination and the observance of high standards
of ethics and efficiency;
h. Administers oaths, issues subpoena and subpoena duces

tecum, and takes testimony in any investigation or inquiry, including the power
to examine and have access to bank accounts and records;
i. Punishes for contempt in accordance with the Rules of Court

and under the same procedure and with the same penalties provided therein;
j. Delegates to the Deputies, or its investigators or representatives

such authority or duty as shall ensure the effective exercise or performance of
the powers, functions, and duties herein or hereinafter provided;
k. Investigates and initiates the proper action for the recovery of ill-
gotten and/or unexpired wealth amassed after February 25, 1986 and the
prosecution of the parties involved therein.
The Ombudsman shall prioritize to complaints filed against high

ranking government officials and/or those occupying supervisory positions,
complaints involving grave offenses as well as complaints involving large
sums of money and/or properties.
4. Immunities
Section 17 provides that in all hearings, inquiries, and proceedings of

the Ombudsman, including preliminary investigations of offenses, no person
subpoenaed to testify as a witness shall be excused from attending and
testifying or from producing books, papers, correspondence, memoranda
and/or other records on the ground that the testimony or evidence,
documentary or otherwise, required of him may tend to incriminate him or
subject him to prosecution: Provided, That no person shall be prosecuted
criminally for or on account of any matter concerning any case by which he is
compelled to testify and produce evidence, documentary or otherwise, after
having claimed the privilege against self-incrimination.
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Provided, that no person shall be prosecuted criminally for or on

account of any matter concerning which he is compelled, after having claimed
the privilege against self-incrimination, to testify and produce evidence,
documentary, or otherwise.
Under such terms and conditions as it may determine taking into

account the pertinent provisions of the Rules of Court, the Ombudsman may
grant immunity from criminal prosecution to any person whose possession
and production of documents or other evidence may be necessary to
determine the truth in any hearing, inquiry, or proceeding being conducted by
the Ombudsman or under its authority, in the performance or in the
furtherance of its constitutional functions and statutory objectives. The
immunity granted under this and the immediately preceding paragraph shall
not exempt the witness from criminal prosecution for perjury or false testimony
nor shall he be exempted from demotion or removal from office.
In case any person refuses to appear or testify pursuant to the

aforecited provisions, the said person shall be subject to punishment for
prompt contempt and removal of the immunity from criminal prosecution.
5. Grounds to file administrative complaints
Section 19 states the grounds that the Office of Ombudsman shall

entertain administrative complaints. - The Ombudsman shall act on all
complaints relating, but not limited to acts or omissions which are:
a. Contrary to law or regulation;
b. Unreasonable, unfair, oppressive or discriminatory;
c. Inconsistent with the general course of an agency's functions,

though in accordance with law proceed from a mistake of law or
an arbitrary ascertainment of facts;
d. In the exercise of discretionary powers but for an improper

purpose; and
e. Otherwise irregular, immoral, or devoid of justification.
6. Exceptions not to conduct investigation by the Office of the

Ombudsman
Section 20 of this Act provides the exceptions on when they may not
conduct the necessary investigation. - The Office of the Ombudsman may not
conduct the necessary investigation of any administrative act or omission
complained of if it believes that:
a. the complainant has adequate remedy in another judicial or

quasi-judicial body;
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b. the complaint pertains to a matter outside the jurisdiction of the

Office of the Ombudsman;
c. the complaint is trivial, frivolous, and vexatious or made in bad

faith;
d. the complaint has no sufficient personal interest in the subject

matter of the grievance; or
e. The complaint was filed after one year from the occurrence of
the act or omission complained of.
7. Persons subject to disciplinary authority by the Office of the

Ombudsman
Section 21 provides those officials who are subject to disciplinary

authority and its exceptions. - The Office of the Ombudsman shall have
disciplinary authority over all elective and appointive officials of the
Government and its subdivisions, instrumentalities, and agencies, including
Members of the Cabinet, local government, government-owned or controlled
corporations and their subsidiaries, except over officials who may be removed
only by impeachment or over Members of Congress, and the Judiciary.
8. Procedures to conduct formal investigation
Section 23 states the provisions on how to conduct its formal

investigation, as follows:
a. Administrative investigations conducted by the Office of the

Ombudsman shall be in accordance with its rules of procedure and consistent
with due process.
b. At its option, the Office of the Ombudsman may refer certain

complaints to the proper disciplinary authority for the institution of appropriate
administrative proceedings against erring public officers or employees, which
shall be terminated within the period prescribed in the civil service law. Any
delay without just cause in acting on any referral made by the Office of the
Ombudsman shall be a ground for administrative action against the officers or
employees to whom such referrals are addressed and shall constitute a graft
offense punishable by a fine of not exceeding five thousand pesos (Php 5,
000.00).
c. In any investigation under this Act, the Ombudsman may (1)

enter and inspect the premises of any office, agency, commission or tribunal;
(2) examine and have access to any book, record, file document, or paper;
and (3) hold private hearings with both the complaining individual and the
official concerned.
9. Application of preventive suspension of any public officials

subject of an investigation
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Section 24 provides for the preventive suspension of any public official

who is subject of an investigation by the Office of Ombudsman.
The Ombudsman or his Deputy may preventively suspend any officer

or employee under his authority pending an investigation, if in his judgment
the evidence of guilt is strong, and (a) the charge against such officer or
employee involves dishonesty, oppression or grave misconduct or neglect in
the performance of duty; (b) the charges would warrant removal from the
service; or (c) the respondent's continued stay in office may prejudice the
case filed against him.
The preventive suspension shall continue until the case is terminated

by the Office of the Ombudsman but not more than six months, without pay,
except when the delay in the disposition of the case by the Office of the
Ombudsman is due to the fault, negligence or petition of the respondent, in
which case the period of such delay shall not be counted in computing the
period of suspension herein provided.
10. Penalties
Section 25 speaks of the penalties under this Act.
a. In administrative proceedings under Presidential Decree No.

807, the penalties and rules provided therein shall be applied.
b. In other administrative proceedings, the penalty ranging from

suspension without pay for one year to dismissal with forfeiture of benefits or
a fine ranging from five thousand pesos (Php 5, 000.00) to twice the amount
malversed, illegally taken or lost, or both at the discretion of the Ombudsman,
taking into consideration circumstances that mitigate or aggravate the liability
of the officer or employee found guilty of the complaint or charges.
11. Inquiries
Section 26 provides that the Office of the Ombudsman shall inquire into
acts or omissions of a public officer, employee, office or agency which, from
the reports or complaints it has received, the Ombudsman or his Deputies
consider to be:
a. contrary to law or regulation;
b. unreasonable, unfair, oppressive, irregular, or inconsistent with

the general course of the operations and functions of a public officer,
employee, office or agency;
c. an error in the application or interpretation of law, rules or

regulations, or a gross or palpable error in the appreciation of facts;
d. based on improper motives or corrupt considerations;
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e. unclear or inadequately explained when reasons should have

been revealed; or
f. Inefficiently performed or otherwise objectionable.
12. Requirements to be complied before a complaint be acted upon

by the Office of the Ombudsman
The Office of the Ombudsman shall receive complaints from any

source in whatever form, concerning an official act or omission. It shall act on
the complaint immediately and if it finds the same entirely baseless, it shall
dismiss the same and inform the complainant of such dismissal citing the
reasons therefore. If it finds a reasonable ground to investigate further, it shall
first furnish the respondent public officer or employee with a summary of the
complaint and require him to submit a written answer within seventy-two
hours from receipt thereof. If the answer is found satisfactory, it shall dismiss
the case. If not, it shall act on the complaint accordingly.
1. Purpose
This is an Act establishing a code of conduct and ethical standards for

public officials and employees to uphold the time-honored principle of public
office being a public thrust, granting incentives and rewards for exemplary
service, enumerating prohibited acts and transactions, and providing penalties
for violations thereof and for other purposes.
Discussed in this section are the selected provisions, under the said
law, which will enhance the performance of public officials and employees in
government service.
2. Norms of Conduct
Section 4 of this Act provides the norms of conduct of public officials

and employees, as follows:
a. Commitment to Public Interest – public officials shall hold public

interest over and above personal interest. All government resources must be
used efficiently, effectively, honestly, economically and avoid wastage of
public funds and revenues.
b. Professionalism – public officials and employees shall perform

and discharge their duties with the highest degree of excellence, distinction,
professionalism, intelligence, and skill.
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c. Justness and Sincerity – public officials must 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.
d. Political Neutrality – public officials must serve the public without

discrimination and regardless of party affiliation or preference.
e. Responsiveness to the Public – public officials must extend

prompt and courteous service to the public.
f. Nationalism and Patriotism – public officials must be loyal to the

Republic and the Filipino people. They must endeavor to maintain and defend
Philippine sovereignty against foreign intrusion.
g. Commitment to Democracy – public officials shall commit to

democratic way of life and values, maintain the principle of public
accountability, and manifest by deeds of civilian supremacy over the military.
h. Simple Living – public officials shall not indulge in ostentatious

or extravagant display of wealth in any form.
3. Duties of public officials and employees
Section 5 of this Act provides the following duties expected to be

performed by public officials and employees.
a. Act promptly on letters and requests.
b. Submit annual performance report.
c. Process documents and papers expeditiously.
d. Act immediately on the public’s personal transactions.
e. Make documents accessible to the public.
4. System of incentives and rewards
This Act added a provision that will become a motivating factor to

encourage public officials and employees to improve their performance while
in the government service. This can be found under Section 6 (System of
incentives and rewards). In the AFP, this is through military’s recognition of
exemplary and/or outstanding performance in the form of giving awards or
commendations, medals, and ribbons to deserving military personnel and
civilian employees.
5. Prohibited acts and transactions
In order to maintain the integrity and unquestionable reputation of

public officials and employees, Section 7 of this Act enumerated the following
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prohibited acts and transactions that should not be engaged upon by public
officials and employees:
a. Financial and Material Interest – in any transaction requiring the

approval of their office.
b. Outside Employment and Other Activities Related Thereto –

engaging in the practice of profession or employment outside of office hours
provided with authority to do so and such practice of profession or
employment must be in conflict or affect the interests of the government.
c. Disclosure and/or Misuse of Confidential Information – divulging

of confidential information officially known to them by the reason of their
office.
d. Solicitation or Acceptance of Gifts – anything monetary value

from any person in the course of the performance of their official duties or any
transaction which may be affected by the function of their office.
6. Public disclosure of SALN
Under Section 8 of this Act, public officers and employees of the

government have the obligation to let the public know their assets, liabilities,
net worth and financial interest including those of their spouses and unmarried
children below eighteen years of age living in their household. Personnel of
the Philippine Army and its regular civilian employees comply with this
requirement by regularly filing their Statement of Assets, Liabilities and Net
Worth (SALN) within the time prescribed by law.
7. Divestment
Under Section 9 of this Act provide the requirement of DIVESTMENT –

This means that public officers shall avoid conflict of interest at all times.
When a conflict arises, he shall resign from his position in any private
business enterprise within 30 days from assumption of office or divest himself
of his shareholdings or interest within 60 days upon assumption.
8. Penalties
Section 11, par. a of this Act provides that any public official or
employee, regardless of whether or not he holds office or employment in
casual, temporary, holdover, permanent or regular capacity, committing any
violation of this Act shall be punished with a fine not exceeding the equivalent
of six (6) months salary or suspension not exceeding one (1) year, or removal
depending on the gravity of the offense after due notice and hearing by the
appropriate body or agency. Meanwhile, the penalty of imprisonment of not
exceeding five (5) years, or a fine not exceeding five (5) thousand pesos or
both, in the discretion of the court of competent jurisdiction, disqualification to
hold public office are for violation of Section 7, 8 and 9 of this Act. Relatively,
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it must be noted that any private individual who participates in conspiracy as

co-principal, accomplice or accessory with public official or employee in
violation of this Act shall be subject to the penal liabilities as the public official
or employee and shall be tried jointly.
1. Purpose
This Act defines and penalizes the crime of plunder.
This section includes pertinent provisions which are relevant or

important for this manual.
2. Definition of terms
Section 1 of the said Act defines the following terms:
a. Public Officer - any person holding any public office in the

Government of the Republic of the Philippines by virtue of an appointment,
election or contract.
b. Government - the National Government, and any of its

subdivisions, agencies or instrumentalities, including government-owned or
government-controlled corporations and their subsidiaries.
c. Person - any natural or juridical person, unless the context

indicates otherwise.
d. Ill-gotten wealth - any asset, property, business enterprise, or

material possession of any person within the purview of Section Two (2)
hereof, acquired by him directly or indirectly through dummies, nominees,
agents, subordinates and/or business associates by any combination or
series of the following means or similar schemes:
1) Through misappropriation, conversion, misuse, or

malversation of public funds or raids on the public treasury;
2) By receiving, directly or indirectly, any commission, gift,

share, percentage, kickbacks or any other form of pecuniary benefit from any
person and/or entity in connection with any government contract or project or
by reason of the office or position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of

assets belonging to the National Government or any of its subdivisions,
agencies or instrumentalities or government-owned or government-controlled
corporations and their subsidiaries; and
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4) By obtaining, receiving or accepting directly or indirectly

any shares of stock, equity, or any other form of interest or participation
including promise of future employment in any business enterprise or
undertaking;
e. Plunder - is committed by any public officer who, by himself or in

connivance with members of his family, relatives by affinity or consanguinity,
business associates, subordinates or other persons, amasses, accumulates
or acquires ill-gotten wealth through a combination or series of overt or
criminal acts as described in Section 1(d) hereof, in the aggregate amount or
total value of at least Seventy-five million pesos (Php 75, 000, 000.00). The
person shall be guilty of the crime of plunder and shall be punished by life
imprisonment with perpetual absolute disqualification from holding any public
office. Any person who participated with said public officer in the commission
of plunder shall likewise be punished. In the imposition of penalties, the
degree of participation and the attendance of mitigating and extenuating
circumstances shall be considered by the court. The court shall declare any
and all ill-gotten wealth and their interests and other incomes and assets
including the properties and shares of stock derived from the deposit or
investment thereof forfeited in favor of the State.
For purposes of establishing the crime of plunder, it is provided under

Section 4, Rule of Evidence, that it shall not be necessary to prove each and
every criminal act done by the accused in furtherance of the scheme or
conspiracy to amass, accumulate or acquire ill-gotten wealth, it being
sufficient to establish beyond reasonable doubt a pattern of overt or criminal
acts indicative of the overall unlawful scheme or conspiracy.
3. Suspension and loss of benefits
Section 5 provides that any public officer against whom any criminal
prosecution under a valid information under this Act in whatever stage of
execution and mode of participation, is pending in court, shall be suspended
from office. Should he be convicted by final judgment, he shall lose all
retirement or gratuity benefits under any law, but if he is acquitted, he shall be
entitled to reinstatement and to the salaries and other benefits which he failed
to receive during suspension, unless in the meantime, administrative
proceedings have been filed against him.
4. Prescription of the crime of plunder
Section 6 of this Act states as to when the crime of plunder prescribes -

The crime punishable under this Act shall prescribe in twenty (20) years.
However, the right of the State to recover properties unlawfully acquired by
public officers from them or from their nominees or transferees shall not be
barred by prescription, laches, or estoppel.
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Section 4-7 Three-Fold Responsibility Rule
Any person under military jurisdiction, who committed serious offenses

as provided for under the Revised Penal Code, special laws and Manual for
Court Martial specifically those which are punitive in nature, may be held
criminally, civilly, and administratively liable at the same time.
In Villasenor versus Sandiganbayan, G,R. No. 180700, the Supreme

Court says that significantly, there are three kinds of remedies that are
available against a public officer for impropriety in the performance of his
powers and the discharge of his duties: (1) civil, (2) criminal, and (3)
administrative. These remedies maybe invoked separately, alternately,
simultaneously or successively. Sometimes, the same offense maybe the
subject of all three kinds of remedies.
Defeat of any of the three remedies will not necessarily preclude resort
to other remedies or affect decisions reached thereunder, as different degrees
of evidence are required in these several actions. In criminal cases, proof
beyond reasonable doubt is needed whereas a mere preponderance of
evidence will suffice in civil cases. In administrative proceedings, only
substantial evidence is required.
Section 4-8 Crimes Committed By Public Officers
1. ART. 210. Direct Bribery
a. Agreeing to perform criminal act in consideration of a gift, offer,

or promise in connection with the performance of his duties.
b. Perform an act not criminal in consideration of a gift, offer or

promise in connection with the performance of his duties;
c. Refraining or agreeing to refrain from doing something in which

it was his official duty to do in consideration of a gift, offer or promise in
connection with the performance of his duties:
2. ART. 211. Indirect Bribery – a public officer accepts gift by reason of

his office.
Note: Gift is given in anticipation of a favor from the public officer.
3. ART 211-A. Qualified Bribery – law enforcer who refrains from

arresting or prosecuting an offender charged with a crime punishable by
reclusion perpetua/death.
4. ART. 213. Fraud Against the Public Treasury and Similar Offenses
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a. By entering into an agreement with any interested person or

speculator, or making use of some scheme to defraud the government with
regards to furnishing of supplies, making of contracts, adjustment or
settlement of account relating to funds or property;
b. Direct or indirect payment of sums different or larger from that

authorized by law;
c. Failing to issue receipts for sums of money collected by him

officially.
d. Collecting or receiving, directly or indirectly, things or objects

different from what is provided by law by way of payment or otherwise.
5. ART. 216. Possession of Prohibited Interest by a Public Officer – a

public officer who, directly or indirectly becomes interested in any contract or
business in which it was his official duty to intervene.
6. ART. 217. Malversation of Public Funds or Property – a public

officer, having custody or control of funds or property for which he is
accountable, appropriated, misappropriated or permitting any other person to
take public funds or property.
7. ART. 218. Failure of Accountable Officer to Render Accounts – a

public officer, whether still in the service or separated, who is an accountable
officer for public funds or property failed to render an account pursuant to the
law or regulation requiring him to render an account.
8. ART. 219. Failure of Responsible Public Officer to Render

Accounts Before Leaving the Country – an officer who unlawfully leaves
the country without securing a certification that his accounts have been finally
settled.
9. ART. 220. Illegal Use of Public Funds or Property – public fund or

property which has been appropriated by law or ordinance was applied or
used other than for which such fund or property has been appropriated by law
or ordinance.
10. ART. 221. Failure to Make Delivery of Public Funds or Property – a

public officer who failed to deliver any funds or property in his custody or
under administration upon order by competent authority.
11. ART. 226. Removal, Concealment or Destruction of Documents –

an official who was entrusted with documents destroys or conceals the same.
The damage to the government or a third person is immaterial.
12. ART. 227. Officer Breaking Seal – a public officer in the custody of
paper or property, sealed by proper authority, breaks the seal or permits
them to be broken.
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13. ART. 228. Opening of Closed Documents – a public officer who is in

custody of closed papers, documents or objects, opens or permits to open
said closed papers when he does not have the proper authority.
14. ART. 229. Revelation of Secrets by an Officer – a public officer who

knows a secret by reason of his official function reveals such secret without
authority or justifiable reasons. Public interest must be damaged.
15. ART. 231. Open Disobedience – open refusal to obey to execute the
judgment, decision, or order of any superior authority.
16. ART. 233. Refusal of Assistance – public officer maliciously fails or

refuses to lend his cooperation towards the administration of justice or other
public service.
17. ART. 235. Maltreatment of Prisoners – a public officer having in his

charge a prisoner or detention prisoner maltreats such prisoner by inflicting
punishment in a cruel and unusual manner.
18. ART. 237. Prolonging Performance of Duties and Powers – a public

officer who continues to exercise the duties and powers of such office when
the period provided by law, regulation, or special provisions has already
expired.
19. ART. 238. Abandonment of Office or Position – A public officer who

abandons his post before his resignation has been accepted.
20. ART. 244. Unlawful Appointments – a public officer who appoints a

person to a public office knowingly that such person lacks the legal
qualification at the time he made the appointment.
21. ART. 245. Abuses against Chastity
a. Soliciting or making immoral or indecent advances to a woman

interested in matter pending before the public officer for a decision or with
respect to which he is required to submit a report or consult with a superior
officer.
b. Making immoral or indecent advances to a woman under his

custody.
c. Soliciting or making immoral or indecent advances to the wife,

daughter, sister or relative within the same degree by affinity of any person in
custody of the offending warden or officer.
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CHAPTER 5
FILING OF ASSETS AND LIABILITIES
Section 5-1 Filing of Statement of Assets, Liabilities and Net Worth

(SALN)
1. Basis for filing of SALN
Section 8 of Republic 6713 requires public officials and employees to

accomplish and submit declarations under oath of, and the public has the right
to know, their assets, liabilities, net worth, and financial business interest
including those of their spouses and unmarried children less than eighteen
(18) years of age living in their households.
Under par (A) of the said Act, all public officials and employees, except
those who serve in honorary capacity, laborers, and casual or temporary
workers, shall file under oath their Statement of Assets, Liabilities, and Net
Worth (SALN), and Disclosure of Business Interest and Financial Connections
(DBIFC) and those of their spouses and unmarried children under eighteen
(18) years of living in their households.
2. Contents of SALN
The two documents shall contain information on the following:
a. real property, its improvements, acquisition costs, assessed

value, and current fair market value;
b. personal property and acquisition cost;
c. all other assets such as investments, cash on hand or in banks,

stocks, bonds, and the like;
d. liabilities; and
e. all business interest and financial connections.
3. When to file SALN?
The documents must be filed:
a. within thirty (30) days after assumption of office;
b. on or before April 30, every year thereafter; and
c. within thirty (30) days after separation from the service.
All public officials and employees shall also execute, within thirty (30)
days from the date of their assumption of office, the necessary authority in
favor of the Ombudsman to obtain from all appropriate government agencies,
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including the Bureau of Internal Revenue, such as documents as may show

their assets, liabilities, net worth, and also their business and financial
connections in previous years, including, if possible, the year when they first
assumed any office in the government.
Husband and wife who are either public officials or employees may file
the required statements jointly or separately.
4. Who shall file SALN?
The SALN and the DBIFC shall be filed by:
a. Constitutional and National elective officials, with the national

office of the Ombudsman;
b. Senators and Congressmen , with the Secretaries of the Senate

and the House of Representative , respectively; Justices, with the Clerk of
Court of the Supreme Court; Judges, with the Court Administrator; and all
national executive officials with the Office of the President;
c. Regional or local officials and employees, with the Deputy

Ombudsman in their respective regions;
d. Officers in the Armed Forces from the rank of Colonel or Naval

Captain, with the Office of the President, and those below said ranks, with the
Deputy Ombudsman in their respective regions; and
e. All other public officials and employees, defined in Republic Act

No. 3019, as amended, with the Civil Service Commission.
5. Public disclosure of relatives in the government.
Par (B) of the said Act provides that it shall be the duty of every public
official or employee to identify and disclose, to the best of his knowledge and
information, his relatives in the Government in the form or manner and
frequency prescribed by the CSC.
6. Accessibility of documents.
Par (C) discusses on the accessibility of documents, as follows:
a. Any and all statements filed under this act shall be made
available for inspection at reasonable hours.
b. Such statements shall be made available for copying or

reproduction after ten (10) working days from the time they are filed as
required by law.
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c. Any person requesting a copy of a statement shall be required

to pay a reasonable fee to cover the cost of reproduction and mailing of such
as statement, as well as the cost of certification
d. Any statement filed under this Act shall be available to the public
for a period of ten (10) years after receipt of the statement. After such period,
the statement may be destroyed unless needed in an ongoing investigation.
7. Prohibited Acts.
Par (D) speaks of the prohibited acts - It shall be unlawful for any
person to obtain or use any statement filed under this act for:
a. any purpose contrary to morals or public policy; or
b. any commercial purpose other than by news and communication

media for dissemination to the general public.
8. Penalties.
Section 11 provides for the penalties, as follows:
a. Any public official and employee, regardless of whether or not

he holds office or employment in a casual temporary, holdover, permanent or
regular capacity, committing any violation of this Act shall be punished with a
fine not exceeding the equivalent of six (6) months salary or suspension not
exceeding one (1) year, or removal depending on the gravity of the offense
after due notice and hearing by the appropriate body or agency. If the
violation is punishable by a heavier penalty under another law, he shall be
prosecuted under the latter statute. Violation of Section 7, 8, or 9 of this Act
shall be punishable with imprisonment not exceeding five (5) years, or a fine
not exceeding five thousand pesos (Php 5, 000.00) or both, and in the
discretion of the court of competent jurisdiction, and disqualification to hold
public office.
b. Any violation hereof proven in a proper administrative

proceeding shall be sufficient cause for removal or dismissal of a public
official or employee, even if no criminal prosecution is instituted against him.
c. Private individuals who participate in conspiracy as co-

principals, accomplices, or accessories with public official or employees in
violation of this Act shall be subjected to the same penal liabilities as the
public officials or employees and shall be tried jointly with them.
d. The official and the employee concerned may bring an action

against any person who obtains or uses a report for any purpose prohibited by
Section 8 (D) of this Act. The Court in which such action is brought may
assess against such person a penalty in any amount to exceed twenty five
thousand pesos (Php 25,000.00). If another sanction hereunder or under any
law is heavier, the latter shall apply.
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Section 5-2 Submission of SALN Records
The Republic of the Philippines, Department of National Defense,

General Headquarters, Armed Forces of the Philippines, Office of the Ethical
Standards and Public Accountability, Camp General Emilio Aguinaldo,
Quezon City issued a memorandum dated 25 April 1994 to Major Services
Commanders, Area Commanders, Chiefs, Major Services OESPA, CG/CO,
AFPWSSUS regarding submission of SALN Records. As stated in the said
memorandum, pursuant to Section 7, Republic Act 3019 and Section 8,
Republic Act 6713, all military personnel, including regular employees of the
AFP are hereby enjoined to file their respective SALN and DBIFC not later
than 30 April 1994. In this regard, all Major Services OESPA were directed to
assist in the implementation of this memorandum and to receive SALN and
DBIFC records filed by individual personnel falling within their scope of
jurisdiction. On the other hand, Commanders and heads of units/offices at all
levels shall supervise the filing of the documents as called for herein.
Section 5-3 Questionnaire on the Filing of SALN

(As amended from Primer on the Filing of SALN by OESPA, AFP, 1992)
a. Questions: What is a Statement of Assets, Liabilities and Net

Worth (SALN)?
Answer: It is a sworn declaration of every public officer of his true

and detailed worth in monetary value, covering all personal and real
properties owned by him, known as assets, his true and detailed statement of
indebtedness of which he is obliged to pay, known as liabilities as well as his
sources of income and other sources of funds.
b. Question: What is a Disclosure of Business Interest and

Financial Connection (DBIFC)?
Answer: It is a sworn declaration of public officer’s business

interest and financial connection including those of his spouse and unmarried
children below 18 years of age living with him in his household.
c. Question: What is the rationale why public officials and

employees are required to file SALN and DBIFC?
Answer: The rationale is based on the Constitutional premise that

a public office is a public trust – public officials and employees must at all
integrity, loyalty, and efficiency, act with patriotism and justice, and lead
modest lives.
d. 4Question: What are the basis for filing of SALN and DBIFC?
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e. Answer: Republic Act 3019, as amended, and Republic Act

6713, particularly Sec 8 thereof.
f. Question: Who are qualified to file SALN and DBIFC?
Answer: Every public official and employee, except those who

serve in an official honorary capacity without service credit or pay and
temporary workers, must accomplish and submit declarations under
oath of their assets, liabilities, net worth, and financial and business
interest including those of their spouses and unmarried children less
than eighteen (18) years of age living in their household.
g. Question: Who are SALN non-filers?
Answer: Military personnel and permanent civilian employees of

the AFP who failed to file their respective SALN and DBIFC for a particular
calendar year as required by Sec. 8, RA 6713.
h. Question: What is the penalty for non-filing of SALN and

DBIFC?
Answer: Under Sec 8 of RA 6713, imprisonment not exceeding

five (5) years, or a fine not exceeding five thousand pesos (Php 5, 000.00), or
both in the discretion of Court of competent jurisdiction, and disqualification to
hold public office.
i. Question: When should SALN and DBIFC be filed?
Answers:
1) Within thirty (30) days after assumption of office, to be

reckoned as of his first day of service.
2) On or before 30 April of every year thereafter, to be

reckoned as of the end of the preceding year; and
3) Within 30 days after separation from the service, to be

reckoned as of his last day of service.
j. Question: Where are SALN and DBIFC filed?
Answers:
1) Office of the President (OP) – Officers with the rank of

Colonel/Captain (PN) and above (original).
2) Office of the Ombudsman for the Military – All officers,

EP, and regular civilian employees.
3) OESPA, AFP – All Officers, EP and regular CE.
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4) Major Service OESPA Office – All officers, EP and

regular CE.
5) Major Field Unit (PA Divisions/their equivalent in the PN

and PAF) - All Officers, EP and regular CE.
6) Civil Service Commission – Permanent CE.
7) Personal File.
Note: Copy for the OP and Ombudsman shall be filed at OESPA, AFP
Camp Aguinaldo for consolidation and submission thereat.
k. Question: Which Office will provide the copies of SALN and

DBIFC Forms?
Answer: The OESPA, AFP at Camp General Aguinaldo, Quezon

City will provide the forms. These may be reproduced by Major Services and
their subordinate OESPA units on the need basis provided that no alteration
is made on any entry thereof.
l. Question: Who accomplishes SALN and DBIFC?
Answer: The filer himself. However, for more understanding, the

filer may ask the assistance/guidance of the unit ESPA officer or Officers and
EP who are knowledgeable in the correct preparation of SAL.
m. Question: What information should the SALN contains?
Answers: It should contain the following;
1) Personal properties of the filer and their mode and cost of

acquisition, year acquired, total cost, etc.
2) All other assets, such as: Cash on Bank Deposits,

Receivables, Investments, Furniture, Fixtures and Appliances, Jewelry and
Books, Motor Vehicles and the like.
3) Real properties to include mode of acquisition, year

acquired, acquisition cost, repairs, and improvements thereon, etc.
4) All financial liabilities, both current and long term.
5) Family income and other sources of funds derived from

legitimate sources.
6) Personal and family expenses and income taxes paid.
n. Question: What information should the DBIFC contains?
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Answer: All information on existing interest with business

enterprises or entities, whether as proprietor, investor, promoter, partner,
shareholder, officer, managing director, legal consultant, or auditor, and the
like. The names and addresses of the business enterprises must be clearly
established, as well as all such other details as will show the nature of the
interest or connections.
o. Question: What are the important aspects in the SALN that a

filer must understand?
Answer:
1) ASSETS: Any physical things (tangible) or a right

(intangible) which is capable of being owned with money value. It is divided
into personal and real properties.
(a) Examples of personal properties are cash on hand

and bank deposits, receivables, investments (business, stocks and bonds),
furniture/fixtures & appliances, jewelry and books, motor vehicles which must
be recorded based on their acquisition cost.
Note: Do not deduct depreciation cost against acquisition cost.

Repairs or improvements made on these assets should be added to the
acquisition cost in the column provided for to arrive at TOTAL COST).
(b) Examples of real properties are lands (residential,

commercials, industrial, agricultural, grazing and fishponds), and buildings
(houses, apartments, condominium and others).
(c) Real properties acquired by purchase in cash must

be recorded based on ACQUISITION COST, plus subsequent cost for repairs
and improvements to arrive at TOTAL COST. (Note: Do not appreciate the
acquisition cost based on the fair market value or assessed value). The
acquisition cost of real properties purchased on installment basis consists of
the principal amount of obligation based on the purchased agreement, plus
subsequent cost for repairs and improvements. Real property acquired
through inheritance/donation shall be valued based on the fair market value of
such properties at the time of inheritance/donation as per Tax Declaration,
plus subsequent cost for repairs and improvements and the locations of
property shall be indicated clearly in the appropriate columns of the SALN
form.
(d) Insurance coverage of any form is not considered

assets for purposes of SAL.
2) LIABILITIES: Financial obligations, both current and long-

term, to be paid for whatever the filer had received whether in cash, kind of
services.
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(a) Examples of liabilities are short and long-term

loans with banks/financial institutions/private individuals, housing and salary
loans, accounts payable, and the like.
(b) Loans payable by installment shall be recorded

based on the principal amount of obligation that matures year by year.
(c) The outstanding balance must be entered after

deducting the principal portion of monthly installments for the whole year.
(d) Loans from relatives and close friends which are

not in the nature of bona fide obligations but that of financial assistance
without intention of repayment are not to be treated as liabilities. However,
they are part of other sources of funds.
3) NET WORTH: The term applied to the filer’s remaining

equity (capital) after the total liabilities are deducted from the total assets as
interpreted from the following accounting equation. NET WORTH equals
TOTAL ASSETS less TOTAL LIABILITIES: (NW = TA-TL).
4) FAMILY INCOME AND OTHER SOURCES OF FUNDS:

All earnings, whether subject to tax or not, which were received during the
calendar year for which SALN is filed.
(a) Examples of family income and other sources of

funds are salary, allowances, bonus, dividends, sales/rentals of property,
inheritance, financial aid/assistance, donations, pension, proceeds from sale
of assets, interest and earned on cash deposits in banks, and the like.
(b) Income from business, profession, and vocation

must be recorded as NET INCOME after deducting the necessary and
allowable business expenses.
(c) INCOME TAX PAID: income taxes paid in the

preceding year plus the income taxes withheld from compensation income
during the current year for which the SALN is filed.
(d) PERSONAL AND FAMILY EXPENSES: Amount

spent by the filer for his personal needs in the form of daily subsistence,
sustenance, upkeep and support of his family during the calendar year for
which the SALN is filed.
Examples of family expenses are:
(1) Payments for food, clothing, matriculation/tuition

fees, medical/dental, entertainment, educational plans, electric/water bills,
house rentals, and other household expenses.
(2) Premiums paid on life and non-life insurances.
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(3) Interest, surcharges and penalties paid which are

included in the monthly amortization of loans and account payable are
classified as family expenses.
(4) Do not include as personal and family expenses all

amount spent for the acquisition, improvements/repairs of assets and
payments of liabilities and principal loan obligation to creditors.
5) OTHERS SALN ASPECT;
(a) Husband and wife who are both public official and
employee may file the required SALN jointly or separately.
(b) Filers whose spouses are engaged in the private

practice of profession, business and/or employed in the private sector must
declare in their SAL’s information related to their financial transactions to
include but not limited to earnings derived from business assets or their
outstanding obligation, etc.
(c) IMROVEMENTS: Valuable addition for the

betterment of real properties which enhances their value.
(d) CURRENT FAIR MARKET VALUE - The actual

value agreed upon between the buyer and the seller during a sale transaction.
p. Question: What is the significance of the SALN aspects as

explained in the foregoing?
Answer: They must be strictly observed in the correct preparation

of SAL; otherwise, the entries may lead into a discrepancy into a cash flow
analysis which could result to a finding of Unexplained Wealth against the filer
thereof upon review by OESPA analysts.
q. Question: What is Unexplained Wealth?
Answer: The amount of assets or properties acquired during the

incumbency of a public officer which is manifestly out of proportion to his
salary, other sources of funds, and other lawful income and incomes derived
from legitimately acquired properties.
r. Question: How it can be determined if a public officer

incurred unexplained wealth in a particular year?
Answer: A financial analysis using the Cash Flow Method of
accounting is conducted on the entries contained in a SALN during a given
period. Thereafter, detailed Cash Flow statement is prepared showing the
total income and other sources of funds received and total expenditure
incurred by the filer. If the total expenditure significantly exceeds the total
income and other sources of funds, the difference constitutes the Unexplained
Wealth.
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Illustration: Assuming that under review is the SALN for 1999 of COL
JUAN DELA CRUZ in reference to his 1998 SAL. Per COL CRUZ 1998 SAL,
his cash balance as of DEC 31, 1998 was Php 100, 000.00. Information in his
1999 SALN gave the following transactions:
Pay and Allowances, AFP Php 270,000.00

Bank loan with AFPSLAI (new) 200,000.00
Fur, Fixture & Appliances 30,000.00
Jewelry & Books 30,000.00
Acquired Assets:
Car (new) 350,000.00
House & Lot 1,300,000.00
Payment of Loan 40,000.00
Income tax Paid 20,000.00
Personal & Family Expenses 250,000.00
Cash bal as of Dec 31, 1999 50,000.00
Solution: COL JUAN DELACRUZ
Cash Flow Statement

For the Year Ended Dec. 31, 1999
Cash beginning Php 100,000.00

Add: Pay & Allow, AFP 270,000.00
Proceeds fm bank loan 200,000.00
Total cash receipts available for disbursements Php 570, 000.00
Less: Cash disbursements/expenses:
Fur, Fixture & Appliances Php 30,000.00
Jewelry and Books 30,000.00
Acquisitions:
Car 350,000.00
House & Lot 1,300,000.00
Payment of Loan 40,000.00
Income Tax Paid 20,000.00
Personal and Family Expenses 250,000.00
Php 2,020,000.00
Deficit Php 1,450,000.00
Cash, Dec. 31, 1999 50,000.00
UNEXPLAINED WEALTH (Php 1, 500,000.00)
NOTE: Based on the computation shown the amount of Php 1, 500,

000.00 is considered prima-facie evidence that COL JUAN DELA CRUZ
acquired properties manifestly out of proportion to his lawful income and other
sources of funds. His cash at the end of (Dec. 31, 1999) in the amount of Php
50, 000.00 was added to the deficit of Php 1, 450, 000.00 since COL JUAN
5-10 RES TRIC TED

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DELA CRUZ could not have saved such amount when he already had
existing deficit.
s. Question: Would the illustrated computation stand in court for

the prosecution of Col Juan dela Cruz?
Answer: It cannot stand in court unless documents are gathered in

support thereof. Legally required thereof are documentary evidence such as
transfer certificate of title, tax, declaration, deeds of absolute sale of real
property, deed of sale of car, documents related to loans and certification of
pay and allowances.
t. Question: Assuming that during the investigation of the case,

COL CRUZ had properties which are discovered not reflected in his SAL, or
registered in his name or that of his wife and children, what is the
consequences of such discovery?
Answer: Such discovered properties shall be included as a part of

the total unexplained wealth which Colonel Cruz has to account for.
u. Question: What office in the AFP investigates cases of

unexplained wealth?
Answer: The OESPA
v. Question: What office in the AFP is tasked to check on SALN

and DBIFC?
Answer: The OESPA
w. Question: Who are authorized to administer oath in SALN

and DBIFC?
Answer: All active commissioned officer of the AFP and notaries

public.
x. Question: What are some common errors in the filing of SALN

resulting to discrepancy?
Answers:
1) The value of real property is recorded at its fair market

value or assessed value instead of acquisition costs.
2) Erroneous entries on the value of properties.
3) Failure to indicate that the properties acquired were

inherited or donated, acquired as a gift or winning from raffle draws.
RES TRIC TED 5-11

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4) All disbursements/expenses for the acquisition of assets

and payment of liabilities are included in the family and personal expenses
(double entry).
5) Failure to declare other legitimate income, income of

spouse and other sources of funds.
6) Failure to declare financial aids/assistance from relatives

(parents, sisters, brothers, etc.)
7) Proceeds from sale of assets were inadvertently omitted.
8) Failure to declare legitimate loans.
9) Treating financial aids/assistance from parents/relatives

as liabilities.
10) Income derived from compensation income (pay and

allowances) was declared as Net instead of Gross Income.
11) Income derived from business was recorded as Gross

instead of Net Income.
12) Failure to declare improvements made on personal and

real properties.
13) Failure to declare other expenses.
14) Clerical errors.
Section 5-4 Financial Analysis of SALN and Prosecution of Non-Filers
The Armed Forces of the Philippines, Office of Ethical Standards and

Public Accountability, Camp General Emilio Aguinaldo, Quezon City passed
SOP dated 29 November 1991, SUBJECT: SOP on Financial Analysis of
SALN and Prosecution of Non-Filers addressed to all Divisions and Branch
Chiefs. Its references were Staff Memo Nr 3 dated 02 May 90; Letter
Directive, GHQ AFP, dated 8 Oct 90; Letter Directive, GHQ AFP, dated 18
Jan 19; and Sec 8, RA 6718. This SOP was created to establish policies and
procedures in the conduct of financial analysis of sworn SALN and in the
prosecution of non-filers of SALN and to facilitate the filing and updating of
SALN.
The said SOP defines the following:
a. SALN – a sworn declaration of every public officer of his true

and detailed worth, in monetary value of real and personal properties owned
5-12 RES TRIC TED

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by him, known as assets, as well as true and detailed statement of

indebtedness of which he is obliged to pay, known as liabilities.
b. Family Income – all earnings whether subject to tax or not

received during the Calendar Year for which statement is filed, such as,
salary, bonuses, allowances, COLA, incentive pay, long pay, dividends and
interest earned on savings and time deposits, proceeds from sale or assets,
income from business, profession or vocation, inheritance, donations,
financial aids, sweepstakes winning, retirement benefits, pensions and the
like.
c. Personal and Family Expenses – the amount spent by the filers

for his personal needs in the form of daily subsistence, sustenance, upkeep,
and support of his family during the calendar year for which the statement is
filed. It does not include amount spent for the acquisition, improvement or
repair of assets and payment of principal obligation to creditors.
d. Penalty for non-filing of SALN – imprisonment not exceeding five

(5) years or a fine not exceeding Five Thousand Pesos (Php 5, 000. 00) or
both, and, in the discretion of the court of competent jurisdiction,
disqualification to hold public office.
e. Periodic Review – an activity of the SAL Div wherein SALNs are

periodically reviewed and analyzed to determine the correctness and
truthfulness of the entries declared therein.
f. SALN Filers – officers, EP, and permanent civilian employees of

the AFP.
g. SALN Non-Filers – military personnel and permanent civilian

employees of the AFP who failed to file their sworn SALN for a particular
calendar year as required by Sec 8, RA 6713.
The following are stated in the Policies:
a. Financial analysis of SALN of respondents with pending

complaints/cases under investigation shall be given priority and shall be
initiated upon a written request to C, SAL Div.
b. Periodic review and financial analysis of SALN for the last five
(5) years of all military and civilian personnel shall be undertaken to determine
the correctness of the entries declared therein.
c. No reconstruction/late filing of SALN may be allowed unless the

deficient file can show cause in an affidavit under oath the reason for his
failure to comply with the law.
1. Procedure in Financial Analysis:
a. Based on Pending Complaint
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1) The C, Investigation Division or in his absence, his Asst,

shall initiate a request to C, SAL Div for cash analysis of the SALN of a
respondent who is under investigation.
2) Upon receipt of the approved request, the SALN

Specialist Team Leader shall verify the completeness of respondent’s SALN
for the last ten (10) years which shall be forwarded to the concerned Financial
Analyst for review and analysis.
3) If the SALN is incomplete, the SALN specialist Team

Leader shall inform of the same SALN NCO who shall require in writing the
deficient filer to submit his lacking SAL.
4) The Financial Analyst shall prepare a year to year

comparative analysis of the SALN and a consolidated Cash Flow Statement
for the last ten (10) years. The same is reviewed by the Financial Analyst
Supervisor and certified by the C, SAL Div.
5) The C, SAL Div transmits certified true copies of the Cash

Flow Statement and the SALN to the C, Investigation Div who refers them to
the designated Investigator for appropriate action. Upon being summoned, the
respondents will appear (alone or with his accountant) to explain in a sworn
affidavit the discrepancy noted.
6) The Investigation Division shall forward its evaluation

report together with other evidence to the Legal Div which shall pass upon
merits if a case is to be recommended for prosecution or to be dismissed, as
the case may be.
b. Periodic Review:
1) The SALN Specialist Team Leaders shall forward

complete SALN to the concerned Financial Analyst for review and analysis.
2) The same procedure shall be followed in para 5.1 (d),

above. If the discrepancy in the cash analysis is significant to warrant an
investigation, SALN records shall be referred to the Inves Div for appropriate
action after notation by C, SAL Div and D, OESPA, respectively. SALN
records negligible discrepancy shall likewise pass through C, SAL Div and D,
OESPA for final disposition.
3) Initial finding is not limited to the final amount shown in

the worksheet but also as to the other entries in SALN which C, Inves Div may
require the filer to explain, particularly:
(a) Business income/earnings
(b) Investment and income
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(c) Acquisition cost of personal and real properties
(d) Bank and private loans
(e) Inherited properties
2. Procedures in the prosecution of non-filers:
a. If upon verification, a filer is found deficient in filing of his SAL,

the SAL Div shall advise in writing the filer concerned to require his lacking
SAL.
b. The filer’s failure to abide by the requirement after the third

notice shall cause the matter to be referred to the legal division for purposes
for prosecution pursuant to section 11, RA 6713.
Section 5-5 Investigation of Cases on Violations of RA 3019 as amended,

RA 6713, pertinent provisions of the Article of War (Fraud against the
Government), the Revised Penal Code, AFP rules and regulations and
allied laws.
1. Purpose.
The General Headquarters, Armed Forces of the Philippines, Office of

Ethical Standards and Public Accountability, Camp General Emilio Aguinaldo,
Quezon City issued SOP on the investigation of cases dated 22 November
1991 addressed to divisions and branch chiefs. Its references were the
following: Staff Memo Nr 3 dtd 02 May 90; AFP Letter-Directive dtd 08 Oct 90;
SOP Nr 3 dtd 24 Sep 76; SOP Nr 3 dtd 27 Jul 88; AFP Letter-Directive dtd 18
Jan 91; and RA 6713, RA 3019, RA 1379 and allied laws, rules and
regulations. The purpose of this SOP is to prescribe policies governing the
conduct of investigation of complaints/cases; to adopt a more effective and
systematic investigation procedure to insure uniform and coordinated actions
as well as speedy resolution of complaints/cases.
2. Definition of terms.
This SOP provides the definition of the following terms:
a. Public Officer – includes elective, appointive officials and

employees, permanent or temporary whether in the classified or unclassified
or exempt service receiving compensation, even nominal, from the
government.
b. Corrupt Acts – all acts or omissions described and characterized

as crimes against public interest, public morals, property, chastity, civil status
of persons, and honor under the pertinent provisions of the Revised Penal
Code and those specifically mentioned in RAs 3019, as amended, 6713 and
other special penal laws, including the Articles of War, injustice and immorality
committed by any public officer in connection with his office, position, rank, or
RES TRIC TED 5-15

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influence to obtain material gain or personal interest or advantage, causing

damage to any party including the government.
c. Unethical Acts – all acts or omissions which deviate from

established and accepted ethical and moral standards of behavior and
performance set forth in the AFP Code of Ethics;
d. Assets – include anything of value whether real or personal

property, tangible or intangible rights on properties.
e. Unlawfully acquired property – property acquired by a public

officer but its ownership is concealed by its being recorded in the name of, or
held by, the spouse, ascendants, descendants, relatives, or any other person;
property unlawfully acquired by a public officer but transferred by him to
another person or persons; and property donated to a public officer during his
incumbency, unless he can prove to the satisfaction of the court that that the
donation is lawful.
f. Unexplained Wealth – it is the amount of property and/or assets

acquired during the incumbency of a public officer which is manifestly out of
proportion to his salary and other lawful income.
g. Periodic Review – it is an activity of the SAL Division wherein

SALNs are periodically examined, reviewed, and analyzed to determine the
correctness and truthfulness of the entries declared therein.
h. Pending Complaint/Case – a complaint or case which is pending

investigation by OESPA.
i. Coverage of Investigation – violation of RA 3019, as amended,

RA 1379, RA 6713, Title VII, Chapter II, Section 2 of the RPC, AW 95 (Fraud
Against the Government) and other pertinent AFP rules and regulations.
3. Policies.
a. Investigations shall cover all complaints/reports on violations of

RA 3019 as amended, RA 6713, pertinent provisions of the Articles of War
(Fraud against the Government), the Revised Penal Code, AFP rules and
regulations, and allied laws.
b. For speedier disposition of a complaint/report, it must be in

writing and signed under oath. An anonymous complaint/report maybe acted
upon after assessment of facts by the OESPA Screening and Evaluation
Committee if it contains the correct names and addresses of witnesses,
attaches documents to support the complaint or states the place where such
documents maybe found or the person who is in custody of the documents, or
contains sufficient leads to facilitate the conduct of investigation thereof.
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c. Aside from complaint/report, material discrepancies in the Cash

Flow analysis of SALN shall also be basis for investigation.
d. Complaints/report must all be recorded and evaluated prior to its

assignment to an investigator.
e. Respondents must always be informed of his right that he can

appear personally or through counsel. Corollary, respondent must be
furnished with SOI or documentary evidence against him and must be
informed of the specific date when to submit his counter affidavit and its
supporting evidence prior to the evaluation of the case. Should he fail,
respondent may be given fifteen (15) days from receipt of his notice;
otherwise, the complaint/case is deemed submitted for resolution.
f. An initial finding of unexplained wealth is “significant” if it

exceeds the total cumulative gross annual basic pay of the SALN filer for the
last five (5) years.
Examples:
Initial findings (IF) - accumulated possible unexplained wealth (APUW)

- Php 300, 000.00
Computation of Discrepancy Level - (Rank of CAPTAIN)
a. 1986 Php 4,000.00 (base pay) x 12 = Php 48, 000.00

b. 1987 Php 4,000.00 (base pay) x 12 = Php 48, 000.00
c. 1988 -do- x 12 = Php 48, 000.00

d. 1989 -do- x 12 = Php 48, 000.00
e. 1990 -do- x 12 = Php 48, 000.00
TOTAL Php 240, 000.00
Since the IF (Php 300, 000.00) is more than the DL (Php 240, 000.00),
the discrepancy is considered to be significant. Conversely, when IF is Php
200, 000.00 which is less than the Discrepancy Level (DL) of Php 240, 000.00
the same is considered negligible.
Initial findings are not limited to the final amount shown in the Work
Sheet but rather include other entries which C, SAL Div may feel should
require subject to substantiate the legitimacy of, but are not limited to the
following.
a. business income
b. investment and income earned
c. acquisition cost of personal and real properties
RES TRIC TED 5-17

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d. bank and private loans
e. inherited properties
To determine whether a discrepancy on SALN is significant warranting

investigation, the following criteria/discrepancy levels based on rank category
are prescribed for uniformity:
RANK DISCREPANCY LEVEL
GENERAL Php 600, 000.00 up

LT GENERAL
MAJ GENERAL Php 500, 000.00 up

BGEN/COMMO
COL/CAPT Php 400, 000.00 up
LTC/CDR Php 300, 000.00 up

MAJ/LCDR
CAPT/LT
ILT/LTJG
2LT/ENS Php 200, 000.00 up
EP (all ranks) Php 100, 000.00 up
Investigators when summoned by the courts, as witnesses, must abide

by such process. In this regard, his prior coordination with C, Legal Div for
briefing and assistance is imperative.
4. PROCEDURE IN THE CONDUCT OF INVESTIGATION OF CASES.
a. Upon receipt of the complaints, Admin Div will notify C, OESPA

of such who, in turn, refers them to the Screening and Evaluation Committee
which shall pass upon if complaints are to be:
1) disregarded being wanting of merit;
2) referred for investigation by appropriate units/agencies; or
3) referred to OESPA Investigation Division.
b. Disregarded complaints shall be archived at the Investigation

Division for future reference.
c. SI reports coming from intelligence units will follow the same

procedure as in 5.1, above, so long as they contain sufficient leads to facilitate
investigation thereof.
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d. Complaints/reports which are found meritorious by the

committee shall be referred for investigation by the Investigation Division.
e. Upon receipt of the copy of the complaint, the designated

Investigator shall prepare the ACTION PLAN containing the following:
1) Time allocated for the gathering of evidence, sending of

summons, and other notices.
2) Actions to be taken such as the conduct of overt/covert

interviews, casing operation, audit, and taking of photographs.
f. The assigned Investigator shall request the financial analysis of

the SALN of the respondent by the SAL Div. Parenthetically, SAL Div is
authorized to render cash flow analysis and to issue certified analysis for use
as evidence in courts or as basis for the issuance of clearances.
g. The Chief Inves Div, or in his absence his Asst, shall personally
apprise with his rights the officer/respondent who is under investigation. The
respondent shall be required to submit written explanation, under oath, to be
duly supported with evidentiary documents. The failure of respondent to
present explanation within the prescribed period shall suffice the investigator
to proceed with the gathering evidence ex parte and to terminate the
investigation of the case.
h. The Investigation Division may seek assistance from various

intelligence units to gather leads through covert actions. From there, the Inves
Div shall transform these leads into acceptable evidence which could stand
legal scrutiny in court.
i. COA/PEMRAD’S assistance maybe sought to buttress evidence

gathered or as necessity dictates. Communication encompassing such action
will be initiated at the level of D, OESPA, who will sign written request for and
in behalf of C, OESPA.
j. Relative to foregoing, written communication to effect legal

process such summons and notices shall be signed by D, OESPA. Replies to
processes shall be coursed through C, Inves Div, or his Asst, who shall refer
the same to the investigator concerned.
k. Investigation teams maybe created upon recommendation of

Chief or Asst C, Inves Div to cover investigations in any of the 14 Regions of
the country. Each team, upon return, shall submit an After Mission Report to
C, OESPA, through channel.
l. Initial draft of the Investigation Report (IR) shall be prepared by

the assigned investigator for submission to the Asst C, Invest Div who shall
determine if the evidence is sufficient to support the disposition
recommended. Thereafter, the entire case record shall be returned to the
RES TRIC TED 5-19

RES TRIC TED
investigator who shall prepare the final investigation report (IR) to be

forwarded to C, Inves Div for his concurrence/non-concurrence.
m. The IR shall be forwarded to C, Legal Div who shall review and

evaluate the evidence. Cases recommended for prosecution but with
insufficient evidence maybe returned with comments by C, Legal Div to C,
Inves Div for further case build-up.
n. IR concurred in by, C, Legal Div shall be referred to D, OESPA

for his notation prior to approval C, OESPA
o. Cases approved by C, OESPA shall be forwarded to CSAFP

(THRU: TDCS) for final disposition.
p. Admin Div shall inform the respondent in writing of actions taken

on the complaint against him. Simultaneously, a copy of CSAFP disposition
shall be forwarded to The Adjutant General, AFP for publication.
q. Original records of case which have been approved by

prosecution shall be retained by Legal Division while records of dismissed
cases shall be retained by Inves Division. Incidentally, complainants must
likewise be apprised of the actions taken on their complaints.
r. The Inves Div NCOIC shall prepare a monthly report or as often

as maybe required by the C, Inves Div, covering the status of pending cases,
copy furnished: Chief, and Asst C, Inves Div, Ex-O, D, OESPA and C,
OESPA. On the other hand, the legal Div shall prepare and maintain a
monthly status report on cases under prosecution.
(Note: Discrepancy based on SALN under revision by Higher Headquarters)
Section 5-6 SOP # 9 dated 9 Jan 14
This SOP prescribes the policies and guidelines in the proper

accomplishment and timely submission of the SALN in accordance with the
Philippine Laws and guidelines of higher authorities. It envisioned that with
this SOP, all Philippine Army personnel (military & regular civilian employees)
will submit their SALN on time, and that their SALN are filled-up correctly. This
SOP applies to all military and regular civilian personnel of the Philippine
Army.
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Section 5-6 Civil Service Memorandum Circulars
1. Civil Service Commission MC No. 2 S. 2008
This memorandum was issued in view of the current effort of CSC to

enhance the effectiveness and compliance of the rules on accomplishing and
filing the SALN, the commission opted to revise the old form and prescribe
two (2) new forms incorporating the applicable rules. The SALN consists of
two (2) forms: the baseline declaration (BD) and the annual declaration (AD).
The BD must be accomplished only once. For new entrants, it must be
submitted within 30 days after assumption into office and must contain
comprehensive information as of his/her first day of government service. For
incumbents, the BD must be submitted on or before April 30, 2008 to reflect
information as of Dec 31, 2007. On the other hand, the AD must be
accomplished every year for submission on or before April 30, where the
employee has previously submitted a BD. What need to be documented in the
AD are the only acquisitions and disposal of assets, incurrence and retirement
of liabilities, and creation and termination of business interest and financial
connections, since the last SALN submission.
In Memorandum Circular No. 05, S. 2010, the Civil Service

Commission resolved the numerous queries and/or requests for clarification
relative to the use of the SALN Form by allowing public officers and
employees to continue using the 1994 SALN for the year 2009. It states that
Baseline Declaration Form and Annual Declaration Form shall no longer be
used as the latter did not comply with the requirement of the law on annual
detailed SALN.
This Memorandum was issued pursuant to a Civil Service Resolution

No. 1100902 dated July 08, 2011, Re: Guidelines in the Use of the Revised
Statement of Assets, Liabilities and Net Worth Form for the Year 2011 and
Onwards.
Section 17, Article XI of the 1987 Constitution requires public officers

and employees to submit upon assumption to office and during such period as
maybe required by law, a declaration under oath of their assets, liabilities and
net worth (SALN).
In a resolution passed by the Civil Service Commission dated February

16, 2010, the Commission resolved that the Baseline Declaration Form and
Annual Declaration Form shall no longer be used since the latter is not
compliant with the requirement on annual detailed SALN. The CSC, as the
central human resource institution of the government in its effort to properly
effectuate the constitutional and statutory provisions on public disclosure and
to establish a standard review and compliance procedure to be observed by
RES TRIC TED 5-21

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all public officers and employees in the filing and submission of their SALN,
has proposed a Revised SALN Form that will comply with the required filing of
annual detailed SALN.
Henceforth, the Commission unanimously resolves by way of the

issuance of a Memorandum Circular No. 19, s. 2011, enjoining all public
officers and employees to use the Revised Statement of Assets, Liabilities
and Net worth (SALN) Form starting in the year 2011 and onwards. The
deadline for the submission of the accomplished Revised SALN Form for the
year 2011 is on April 30, 2012.
3. Civil Service Commission MC No. 05, s. 2012
The Memorandum Circular No. 5 is addressed to all heads of the

departments, bureaus, offices and agencies of the national government,
including state universities and colleges and Government-owned and
Controlled Corporation (GOCC) with original charter. It stated that pursuant to
CSC Resolution No. 1200480 dated March 15, 2012, the Commission
resolved to defer the use of the Revised Statement of Assets, Liabilities and
Net Worth (SALN) Form for the year 2011, pending the Commission’s further
review of the different issues pertaining to the said form.
The 1994 SALN Form shall be used for year 2011 and the deadline of
filing is on April 30, 2012. However, those who have already filed the SALN
for 2011 using the new form (Revised SALN Form) are deemed to have
complied with the required submission of the SALN.
4. Civil Service Commission MC No. 02, s.2013
The Memorandum Circular No. 2 is addressed to all heads of the

departments, bureaus, offices and agencies of the national government,
including state universities and colleges, and Government-owned and
Controlled Corporation (GOCC) with original charter. It stated that pursuant to
CSC Resolution No. 1300173 dated January 24, 2013, the Commission
resolved the use of the revised form of Statement of Assets, Liabilities and
Net Worth (SALN) for the year 2012, and onwards.
Section 5-7 Comparison of SALN Forms
2004 SALN BD SALN FORM 1994 SALN 2011 REVISED 2012 SALN Form
FORM FORM SALN FORM
It is previously CSC MC No 02, s. CSC MC No 05, CSC MC No. 19, s. CSC MC No. 2,
used by AFP 2008, pur to CSC s. 2010, pur to 2011, pur to CSC s.2013 pur to CSC
pers fm 2004 to Resolution No. CSC Resolution Resolution No. Resolution No.
2007 071814 dated No. 100266 1100902 dated July 1300173 dated
Authority September 2007- dated February 08, 2011 - to be January 24 2013
used in 2008 16, 2010 - used used from 2011 and
from 2009 to onwards
2010
2004 SALN BD SALN FORM 1994 SALN 2011 REVISED 2012 SALN Form
FORM FORM SALN FORM
5-22 RES TRIC TED

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CSC MC No 05,
S. 2012, pur to
CSC Resolution
No. 1200480
dated March 15,
2011 – 1994
SALN Form are
used from 2011
and onwards.
Disclosure of Disclosure of the ff: No requirement Disclosure of the ff: 1. The SALN Form
the ff: 1. Annual Gross as to the ff: 1.Amount and is easier to fill up.
1. family salary of declarant 1.Family income sources of gross 2. The declaration
income and 2. Annual Gross and other income (salary/ on nature of the
other sources of family income sources of income, business, properties was
income (declarant, spouse, income etc..) removed.
2. Income Tax children below 18) 2.Estimated amount 3.The sub-
paid 3. Detailed/ 2.Income Tax of personal and categories
3. Personal/ comprehensive paid family expenses (tangible,
Salient Family listings of all 3.Personal/ intangible) under
features: expenses assets, liabilities Family 3.Amount of income personal
and net worth expenses taxes paid properties were
(compensation removed.
income, business 4. The basis of the
income, other assessed value
income) and currents fair
market value has
been clarified
which is the tax
declaration. .
AD SALN FORM
Pur to CSC
Resolution No.
071814 dated
September 2007-
Authority:
AD was proposed
to be used in 2008
but did not
materialized.
Disclosure of the ff:
a. Only
acquisitions and
disposals of assets
b. Incurrence and
Salient retirement of
Features liabilities
Creation and
termination of
business interest
and financial
connections.
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5-24 RES TRIC TED

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CHAPTER 6
PA IDAP
Section 6-1 Summary on the Development of IDAP in the Philippine

Army
On IDAP
The Department of National Defense launched the so called “Integrity

Development Action Program”, a DND-Wide program aimed at enhancing the
Department’s integrity, transparency and accountability, and to address the
systemic deficiencies in the DND and its bureaus. In so doing, Department
Order No. 163 dated 21 October 2009 was issued by the DND for the
establishment of the “Institutionalization of the Integrity Development Action
Program (IDAP) in the National Defense” as a priority program under the
Philippine Defense Reform. Likewise, Department Order No. 109 dated 27
April 2011 was issued for the creation of a Project Management Team and
Assessment Teams for each participating agencies, including the Philippine
Army, thus the need to initiate, develop and establish an agency-specific Anti-
Corruption Action Plan in the Philippine Army.
The Philippine Army IDAP Assessment Team, in consultation with the

Development Academy of the Philippines, conducted the Integrity
Development Review (IDR) at Headquarters Philippine Army. The IDR
includes a systematic assessment of the PA’s corruption resistance
mechanism and its vulnerabilities to corruption using the two (2) IDR tools:
Corruption Resistance Review (CRR) and Corruption Vulnerability
Assessment (CVA). As a result of the IDR, the PA IDAP Anti-Corruption
Action Plan was developed. General Orders No. 360, HPA dated 22 May
2013 was issued designating the OESPA, PA, as the lead office in ensuring
the attainment of a strengthened Integrity System of the Philippine Army,
which is one of the most imperative deliverables of the IDAP Implementation
Plan.
Consequently, OESPA, PA facilitated the issuance of a Letter Order

No. 736 HPA dated 01 August 2013 creating an IDAP Review Board tasked to
review, validate, and recommend for the approval of the CG, PA the IDAP
Anti-Corruption Action Plan of the Philippine Army. This IDAP Review Board
which was convened on 13 August 2013 at HPA Conference Room reviewed
the PA IDAP IMPLAN. Thereafter, the board subsequently passed and
signed a board resolution for the adoption and implementation of the Integrity
Development Action Program (IDAP) Anti-Corruption Action Plan containing
the Anti-Corruption Initiatives of the Philippine Army. Then on 17 August
2013, the Integrity Development Action Program (IDAP) Anti-Corruption
Action Plan of the Philippine Army was approved by the Commanding
General, Philippine Army. To effectively carry out and execute the programs
and plans assigned to the concerned offices/units as stated in the Anti-
Corruption Action Plan of the Army, the Office of Ethical Standards and Public
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Accountability, PA facilitated the issuance and publication of the letter

directive dated 02 September 2013. It is expected that with the implementing
directive that was issued, the concerned offices/units tasked for each activity
or project will comply and submit their actions taken on or before the given
target dates.
6-2 RES TRIC TED

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ANNEX A
STAFF MEMORANDUM NUMBER 06
HEAD Q UA RTERS
PHIL IPP INE A RM Y
Fort Andres Bonifacio, Makati City
3/AGPD 20 March 1997
STAFF MEMORANDUM
NUMBER 06
MISSION, FUNCTION AND ORGANIZATION OF THE OFFICE OF THE ARMY

CHIEF ETHICAL STANDARDS AND PULIC ACCOUNTABILITY (OACESPA)
1. MISSION:
To enhance professionalism, promote honesty and integrity in the military

service, instill ethical standards and inculcate a strong sense of public accountability
among personnel in the pursuit of a common commitment against graft and
corruption in the Philippine Army.
2. FUNCTIONS:
a. To inquire and investigate complaints/reports of violation by military

and civilian personnel of the following existing laws, rules, and regulations:
1) RA 6713 (Code of Conduct and Ethical standards of Public

Officials and Employees) and the implementing rules thereof;
2) RA 3019, as amended (Anti-Graft and Corrupt practices Act);
3) RA 1379, as amended (an Act Declaring Forfeiture in favor of

the State of any Property Found to have Been Unlawfully Acquired); and
4) Revised Penal Code, Title Seven, Crimes Committed by Public

Officer in relation to AW 94 (Various Crimes) and AW 95 (Frauds against the
Government) with regard to military personnel.
b. To file and pursue civil, criminal, and administrative cases related to

acts violative of the above-mentioned laws.
c. To collect, analyze, and compile all Sworn Statements of Assets and

Liabilities of military personnel and civilian employees of the PA.
d. To conduct education and information dissemination program among

PA personnel aimed at enhancing professionalism.
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e. To pursue organizational development process in line with eradicating

graft and corrupt practices.
f. To integrate and synthesize for the CG, PA all PA policies and

regulation and pertinent data related to OACESPA’s mission.
g. To carry out such other functions as CG, PA may direct.
3. ORGANIZATION
a. The Office of the Army Ethical Standards and Public

Accountability is organized as follows:
1) Office of the Army Chief, ESPA
2) Office of the Deputy Chief, ACESPA
3) Administrative Branch
4) Intel and Investigation Branch
5) Legal Branch
6) Public Accountability/Statement of Assets and Liabilities Branch

7) Professional and Graft Prevention Branch
b. Duties and Responsibilities
1) Chief, ESPA
a) Directly responsible to the Commanding General PA on

matters relative to the enforcement of anti-graft laws particularly RA 1379, RA 3019,
as amended and RA 6713, and pertinent provisions of the Revised Penal Code and
other laws and regulations to maintain good moral and ethical standards of military
personnel.
b) Advises the CG, PA on the status of graft cases and

other significant projects/activities within the cognizance of the office.
c) Directs and supervises the receipt, collection and

evaluation of sworn Statements of Assets and Liabilities of all military and civilian
personnel of the PA for determination of possible unexplained wealth.
d) Conducts periodic conferences on all problems,

objectives, plans, and policies pertaining to the mission of the office.
e) Exercises overall supervision over the security system

including physical facilities of the office.
A-2 RES TRIC TED

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f) Submits periodic accomplishment report of the office to

the CG, PA.
2) Deputy Chief, ESPA
a) Assists the Chief in carrying out his duties and

responsibilities and acts in his absence.
b) Responsible for the general supervision and in

coordination of the functions of the Chiefs of the different branches.
c) Sees to it that all instructions, policies, plans, and

guidance of the Army Chief, ESPA related to the functions and mission of the office
are carried out.
d) Performs such other duties as may be directed.
3) Chief, Administrative Branch
a) Advises and assists the Army Chief, ESPA in carrying out

duties and responsibilities on matters of administration of the office.
b) Ensures the enhancement of career development and

welfare of OACESPA personnel.
c) Supports other branches on requirements for personnel,

supplies, transportation, and other logistical requirements.
d) Prepares and implements the budgetary requirements of

the office.
e) Plans and coordinates all administrative matters for the

efficient and smooth functioning of the office.
f) Maintains record and processes clearances.
g) Ensures that all orders, memoranda, directives,

instructions, and bulletins are in accordance with the policies, plans, and guidance of
the Army Chief, ESPA, and those of the CG, PA.
h) Performs such other duties as the Army chief, ESPA may

direct.
4) Chief, Intelligence and Investigation Branch
a) Gathers information or confirms otherwise unconfirmed

information/reports on alleged unethical and/or graft and corrupt practices by PA
personnel.
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b) Investigates cases of unethical/graft and corrupt practices

as reported/referred to the office or discovered during inspection and intelligence
operations.
c) Gathers, collates, and keeps evidence.
d) Undertakes liaising with the different government and

non-government agencies/entities.
e) Conducts technical investigation such as Financial

Analysis of the Sworn Statement of Assets and Liabilities, appraisal and evaluation
of real or personal properties, production and examination of documentary and
photographic evidence, and such other allied activities.
f) Performs such other duties as the Chief, OACESPA may

direct.
5) Chief, Legal Branch
a) Evaluates evidence and reviews records of investigation.
b) Prepares legal opinions as basis for Chief, OACESPA’s

decision.
c) Files cases before appropriate courts and then monitors

the same to its conclusion.
d) Procures and compiles legal documents and such

reference materials as may be necessary in the discharge of its functions.
e) Determines/categorizes cases for the purpose of its

referral, whenever warranted to cognizant office/units.
f) Conducts legal researches, collates, and compiles

reference materials and provides legal assistance as basis of OACESPA’s official
actions.
g) Performs such other duties as the Chief, OAESPA may

direct.
6) Chief, Professional and Graft Prevention Branch
a) Plans, executes, and manages OAESPA projects and

programs related to the professionalization of the Philippine Army.
b) Initiates projects, develops training programs and

doctrines to enhance military professionalism and instill ethical standards in
accordance with the AFP Code of Ethics.
c) Conducts research on the following:
A-4 RES TRIC TED

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(1) Systems Review and Improvement
(2) Organization Climate/Culture Building
(3) Quality of Life Improvement/Self-Reliance
(4) Organizational Development/Renewal Action
d) Performs such other duties as the Army Chief, ESPA may direct.
7) Chief, Public Accountability/Statement of Assets and Liabilities

(SAL) Branch
a) Collates and compiles SAL of all military personnel and

permanent civilian employees as required by law a ten-year SAL records file and
transmits to OAAG/OTAG all SALs that are more than ten (10) years old.
b) Requires completeness of SAL for evaluation as basis for

the issuance of appropriate clearances, when warranted.
c) Conducts a cash flow analysis of SAL of all military

personnel/permanent civilian employees who are under investigation for graft-related
offenses and in compliance to CSAFP directive on periodic reviews of SAL.
d) Recommends the investigation of military personnel

found liable for possible unexplained wealth and for the prosecution of those who
have failed to file SAL.
e) Educates military personnel/permanent civilian

employees on the correct filing of SALs.
4. INCLOSURES:
a. Organizational chart: (Incl 1)
b. Recapitulation of Personnel Allowances: (Incl 2)
c. Unit Manning Document: (Incl 3)
d. Major Commodity Managership Allowances (Incl 4)
5. COMMAND RELATIONSHIP: The Chief of the Office of the Army

Ethical Standards and Public Accountability shall be under the direct control of the
Commanding General, Philippine Army as a Personal Staff.
6. RESCISSION: Staff Memorandum, Number 4 dtd 29 October

1992 titled: Mission, Function and Organization of the Office of Ethical Standards
and Public Accountability, Philippine Army (OESPA, PA), is hereby rescinded.
RES TRIC TED A-5

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7. EFFECTIVITY: This Staff Memorandum takes effect upon

publication.
BY COMMAND OF LIEUTENANT GENERAL MARIANO:
(Sgd) SANTOS B GABISON JR

Brigadier General AFP
Chief of Staff
DISTRIBUTION:
“E”
A-6 RES TRIC TED

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INCLUSION I
OFFICE OF THE ARMY CHIEF, ETHICAL STANDARDS AND PUBLIC ACCOUNTABILITY

(OACESPA)
LEGEND:
RES TRIC TED A-7

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INCLISION II – RECAPITULATION OF PERSONNEL ALLOWANCES
A-8 RES TRIC TED

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INCLUSION III – UNIT MANNING
RES TRIC TED A-9

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INCLUSION IV – MAJOR COMMODITY MANAGERSHIP ALLOWANCES
A-10 RES TRIC TED

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ANNEX B
ACTIVATION OF OFFICE
HEAD Q UA RTERS
PHIL IPP INE A RM Y
Fort Andres Bonifacio, Metro Manila
AGPD 03 October 1991
GENERAL ORDERS
NUMBER 828
ACTIVATION OF OFFICE
The Office of Ethical Standards and Public Accountability (OESPA),

Philippine Army is hereby activated effective 01 October 1991. Personnel and
equipment shall be generated within the existing resources of the Philippine
Army.
BY COMMAND OF MAJOR GENERAL ENRILE:
(SGD) JOSE MARIA C SOLQUILLO

Brigadier General AFP
Chief of Staff
OFFICIAL:
(SGD) CORNELIO C ALDEA JR

Colonel PA
Adjutant General
Distribution:
“E”
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B-2 RES TRIC TED

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ANNEX C
TRANSITIONAL OESPA STRUCTURE AT LEVEL BELOW THE MAJOR

SERVICES.
GENERAL HEADQUARTERS
ARMED FORCES OF THE PHILIPPINES
Camp General Emilio Aguinaldo, Quezon City
AGPCR2 20-92 09 July 1992
SUBJECT: Transitional OESPA Structure at Level below the Major Services.
TO: See Distribution
1. References:
a. Armed Forces of the Philippines Code of Ethics.

b. Ten-Year Integrated AFP Professionalization Plan.
c. Staff Memo Nr. 9, GHQ dated 02 Dec 91, in the amended
mission, functions, and organization of the OESPA, AFP.
2. Propagation of the Code of Ethics would understandably require a

structure more extensive than the present organization of the OESPA which so
far extends down to only the Major Services.
3. A seminar workshop to be conducted sometime next quarter will

address the problem in a more thorough-going and comprehensive manner. In
the meantime, a transitional structure is needed to set in motion two important
activities, namely: propagation of the Code of Ethics and monitoring of adherence
to the Code of all AFP personnel at various echelons or formations.
4. The following are initially proposed:
a. All deputies or executive officers, in their absence of all

central, personal, special , technical staff, at GHQ, the major services, area
commands and AFPWSSUs shall be designated ESPA Officers to undertake the
ESPA functions of propagation and monitoring at their levels.
b. All deputies or executive officers, in their absence, of all units

at all levels under the major services, area commanders and AFPWSSUs shall
also be designated ESPA Officers to undertake the same functions in their
respective units and at their respective levels.
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c. In the instances, where there are no deputies or executive

officers, any available officer, preferably with intelligence or CMO background,
may be tasked to perform the duties of the ESPA officer in addition to his
principal functions.
d. At the Army Infantry Division level, or its equivalent in

the other services, an ad hoc committee of at least five officers may be created
and tasked to translate the Code of Ethics into the Philippine main dialect within
the period of three (3) months from the date of publication of this directive so that
the consequent vernacular versions may be approved, printed, and utilized in the
propagation of the Code of Ethics in the Unit itself.
e. Monitoring entails only a recording and reporting

activity by the ESPA officer to be sent to C, OESPA, AFP coursed through the
regular OESPA channels of communication. Consolidated reports to the major
services, area commands and the AFPWSSUs shall be submitted quarterly.
Reviews of ESPA performance shall be made twice a year. These activities will
serve as baseline data for planning of ESPA activities and strategies.
f. Support for this structure shall be taken in the interim

from Unit MOEs until the Units can recommend specific allocations based on
their working experiences.
5. Be guided accordingly.
BY COMMAND OF GENERAL ABADIA:
(SGD) OCTAVIUS S DAUZ

Captain PN
Acting Adjutant General
DISTRIBUTION:
“A”
AUTHENTICATED BY:
(SGD) HERNANDO T NAVARRO JR

MAJ (AGS) PA
Chief IIB, OESPA, PA
C-2 RES TRIC TED

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ANNEX D
AMENDED DISCIPLINE, LAW AND ORDER INFORMATION SYSTEM
GUIDELINES
HEADQUARTERS
PHILIPPINE ARMY
4 September 2006
SUBJECT: Amended Discipline, Law and Order

Information System Guidelines
1. References:
a. Philippine Army DLO Clearance System Operational

Guidelines dated 12 Jan ’05.
b. Delineation of Duties and Responsibilities.
c. OAIG, OG1, OAPM, OAJA, OESPA and OAAG Office

Memo.
d. OAIG Observations (Tab A) and After Conference Report

(Tab B).
2. Background:
The DLOIS became operational effective 01 May 2005 and it was

observed that it really helps a lot and achieved its purpose particularly in
personnel management. However, its growth into universality would be
abnormal without experiencing birth pains and critiques. Thus, it necessitates
the formulation and implementation of enabling policies in order that observed
shortcomings would be addressed and the system would be further
strengthened.
3. Objective:
To provide guidelines and procedures to be followed in the disposition

of referred cases and the interrelationship of the different investigating
RES TRIC TED D-1

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offices/units from HPA level down to the Division level, or their equivalent on
matters concerning the DLOIS.
4. Operations and Administrations:
A. Office Relations and Responsibilities:
1. OG1, PA
a. Reviews, studies, formulates, and implements policies,

regulations, orders and SOPs relative to military justice and discipline.
b. Responsible for the general monitoring in the disposition

of all referred cases under investigation as encoded in the DLOIS database.
c. Receives, reviews, studies and recommends appropriate

actions on all appealed cases, cases forwarded for confirmation (demotion or
discharged), and determination of mode of discharged (MOD).
d. Responsible for the general operations of the DLOIS and

programming of maintenance funds.
e. Receives monthly status of cases submitted by PA Major

Subordinate units and upload same report to the system.
f. Updates cases referred to and deliberated by the

Efficiency and Separation Board (ESB).
g. Furnishes the investigating office/PA Major Subordinate

Units of Command approved DF (resolutions).
2. Office of the Army Inspector General (OAIG)
a. Investigates and recommends appropriate disposition on

all cases that falls under its function such as cases affecting-performance of
mission, utilization of resources, operational readiness, discipline, morale, and
welfare of personnel.
b. Conducts special investigations on cases/incidents as

expressly desired by CG, PA.
c. Heads or sends representative/s in the conduct of

board/committee inquiries.
d. Encodes/updates the cases investigated and cases

recommended for investigation by other investigating office/units into DLOIS.
e. Submits monthly status of cases to OG1, PA for
reference and update.
3. Office of the Army Provost Marshal (OAPM)
D-2 RES TRIC TED

RES TRIC TED

all cases that falls under its functional jurisdiction, such as cases involving the
violations of the – Article of War, Command policies, directives and SOPs and
other related laws.

directed by the Command.
c. Heads or sends representatives in the conduct of


recommended for investigation by other investigating office/ units into DLOIS.
e. Submits monthly status of cases to OG, PA for reference

and update.
f. Reviews reports on investigations conducted by PA

subordinate units for final action of CG, PA and submit recommendation to the
latter.
g. Issues general alarm for apprehension of stragglers,

insular prisoners, deserters, escape military personnel, and personnel
declared AWOL.
4. Office of the Army Ethical Standard and Public Accountability

(OAESPA):

all cases that fall under its function that is cases involving graft and corrupt
practices and related cases/incidents.

directed by the Command.
c. Heads or sends representatives in the conduct of


recommended for investigation by other investigating office/units into DLOIS.
e. Submits monthly status of cases to OG1, PA for

reference and update.
5. Office of the Army Judge Advocate General (OAJAG):
a. Reviews, studies, and recommends appropriate legal

advice/ remedies/ actions on all cases referred to it by OG1, PA and other
offices/units.
RES TRIC TED D-3

RES TRIC TED
b. Renders legal advice and assists other investigating

offices/units in just and speedy resolution of cases.
c. Reviews and studies merits of appealed cases and

recommend appropriate actions to OG1, PA.
d. Conducts special investigations on cases/incidents as

directed by the command.
e. Heads or sends representative/s in the conduct of

board/committee inquiries, as appropriate/ necessary.
f. Monitors DLOIS operations.
g. Encodes the cases investigated and cases recommended

for investigation by other investigating office/ units into DLOIS.
h. Submits monthly status/disposition (referred/received and

resolved) of cases to OG1, PA
i. Updates the DLOIS of cases referred to and under

General Court Martial (GCM) litigation.
6. Office of the Army Adjutant General (OAAG)
a. Issues the DLOIS Clearance to the exclusion of the other

investigating body/offices involved in the DLOIS.
b. Administer and operates system equipment in the

issuance of Discipline, Law and Order (DLO) clearances.
c. Coordinates with offices/units concern re clarifications on

DLOIS entries.
d. Issues appropriate order/letter regarding resolved cases.
e. Submits weekly report to OG1, PA on the names, nature

of case and number of issued clearances.
7. Office of the Army Management and Information Center (AMIC)
a. Maintains the DLOIS database software, equipment and

peripherals.
b. Ascertains the security of the system.

8. Respective Ones of the PA Major Subordinate Units
a. Submits monthly status/ disposition (referred/ received

and resolved) of cases to OG1, PA.
D-4 RES TRIC TED

RES TRIC TED
b. Updates cases under their Command.
B. Guiding Concepts and Policies:
1. “The office/unit that investigates has the sole responsibility in

encoding the case in the DLOIS.”
a. The unit that investigates the case, based on the

delineation of functions, shall be responsible in determining the nature of the
case, its encoding, and dropping in the system.
b. Cases referred to counterpart/co-equal appropriate

investigating office/unit should not be encoded, but cases referred to
subordinate counterpart office/unit should be.
c. Cases referred by subordinate units for confirmation shall

be encoded by OG1, PA and/or receiving counterpart office/unit, unless same
was already encoded by subordinate unit/office and correspondingly captured
by the system.
2. “Encoding upon acquiring jurisdiction/recognition of the cases.”
a. Encoding and giving of the appropriate title of the case

and its specific nature shall be the direct concern and responsibility of the
chief of office/unit. The case is considered recognized upon issuance of an
order/directive for investigation and/or start of investigation.
b. Anonymous complaints shall not be encoded, unless

investigating office/unit established compelling reason to believe on the
truthfulness of the complaint after gathering and confirming the facts
presented through initial investigation/inquiry and/or study of supporting
documents.
c. All cases filed by the unit/command against specific

respondent shall automatically be encoded.
3. “Concept of direct addressee and respondent.”
a. In administrative cases, only named/identified

respondents in the complaints should be encoded in the system database to
the exclusion of other, unless the complaint is addressed as et al. Inclusion of
other names mentioned in the narration of the incident/case can only be made
upon recommendation of the investigating office/unit and approval of
appropriate authority after the conduct of formal investigation.
Accessories, accomplices, and/or other participants/respondents should only
be encoded after the conduct of formal investigation, if evidence so warrants.
RES TRIC TED D-5

RES TRIC TED
b. In criminal cases, suspected principals, accessories,

accomplices, and/or other mentioned participants should all be encoded as
deemed necessary by the investigating office/unit.
c. Both in criminal and administrative cases, direct

addressee is considered not the direct respondent if after studying the
complaint, it was evident that the person being complained was the one
mentioned in the narration of the case/incident and not the one whom the
complaint is addressed hence, their names should not be encoded but that of
the specific respondent only. Example, the complaint is addressed to a
commander, officer and/or NCO of the person being complained.
4. “Observe inter-office mutual respect and utmost courtesy on

cases filed through forum shopping.”
Same nature of case and respondent referred to different investigating

offices/units, the first office/unit who resolved and whose recommendation
was approved by the Command should be respected. If new evidence is
presented by the complainant/s, he/she must be advised to file appeal on
office previously investigated the case.
C. Administrative Sanctions
Personnel found tampering DLOIS data shall be charged appropriately

by their immediate commander with the maximum punishment of trial before
the ESB for officers and discharged from the service for EP, separation/no re-
contract for civilian employee.
D. Encoding, finality and Clearing of the Case
1. Steps to be observed/followed in encoding:
a. Complaint/allegation is received, recorded (as reference

file), and evaluated by the office.
b. It shall not be encoded if it needs to be referred to other

office based on the delineation of functions.
c. Chief of Office shall determine the nature of the case

through his staff.
d. After determining the nature of the case, Branch Chief

concerned in the DLOIS operations shall direct, in written form, the assigned
DLOIS encoder to encode the case. DLOIS encoder shall file this written
directive/order as his/her reference. In no instance, shall the encoder encode
or delete entries without this written authority/reference.
e. Updates of records shall have the same

authority/reference.
D-6 RES TRIC TED

RES TRIC TED
2. Finality of the Case:
a. HPA investigating offices (OAIG, OAESPA, and OAJAG)

shall update DLOIS data upon receipt of CG, PA approved DF. All approved
recommendations shall be entered into the DLOIS as remark/s corresponding
to the investigated nature of case.
b. Cases referred to, recommended for, deliberated, and/or

under litigation of ESB and GCM shall be updated by OG1, PA and OAJAG,
respectively. If resolved, all recommendations approved by CG, PA shall be
entered into the DLOIS.
c. Cases referred by PA Major subordinate units for

confirmation (demotion and discharged) and determination of MOD (cases of
AWOL) shall be updated by the concerned PA Major subordinate unit upon
receipt of order from OAAG and copy of CG, PA approved DF whichever is
appropriate.
d. All cases which were favorably resolved for the

respondent/s shall not appear in the issued DLO clearance.
3. Clearing requirements:
a. Recommendation of investigating office/ unit.

Investigating unit/office which investigated the case has the authority to drop/
delete records in the DLOIS on cases which gain favorable resolutions and
Command approved recommendations:
b. Duly authenticated resolution of the case;
c. Unit recommendations and/or;
d. Formal request of the respondent.
5. Rescission: Previous policies, guidance and orders in conflict

with this policy are hereby rescinded.
6. Effectivity: This SOP shall take effect upon publication.
BY COMMAND OF LIEUTENANT GENERAL TOLENTINO:
(SGD) SIGFREDO G BATHAN

Colonel INF (GSC) PA
Adjutant General
RES TRIC TED D-7

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D-8 RES TRIC TED

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ANNEX E
Camp Emilio Aguinaldo
Quezon City,
AGA1 18 September 1974
SUBJECT: Pending Case
1. It has been observed that varied interpretations have been

attached to the term “pending cases” by investigative bodies and clearing
agencies of the AFP. To insure a uniform application of the term “pending
case” and to avoid undue harassment of military personnel by malicious
complaints, the following guidance on “pending case” is hereby published:
2. Pending cases maybe classified into the following.
a. Pending criminal case;

b. Pending court – martial case; and
c. Pending administrative case
3. For all intents and purposes, a pending case exists under the
following circumstances;
a. There is pending criminal case from the date the

complaint/information is filed in civil court;
b. There is a pending court – martial case from the date the

case is referred to the Trial Judge Advocate for trial; and
c. There is a pending administrative case from the date

administrative complaint is referred by the proper authority to an Efficiency
and Separation Board of any discharged body for hearing.
4. Military personnel should only be denied clearance on the

pending case(s) when any of the condition(s) defining “pending case” as
provided for in para 3 above is/are satisfied.
BY COMMAND OF GENERAL ESPINO:
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(SGD) GABRIEL T PANGILINAN

Colonel, (GSC) PA
Adjutant General
DISTRIBUTION:
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ANNEX F
HEADQUARTERS
PHILIPPINE ARMY
26 September 2008
1/AGPD
SUBJECT: Definition of a Pending Case
TO: All Concerned
1. References:
a. Legal Opinion from OAJA dated 28 July 04, Subj:

Pending Case.
b. GHQ Letter Directive dated 18 Sep 74, Subj: Pending
Case.
c. Workshop output during the conduct of HPA DLO
Awareness Seminar and Workshop dtd 06-07 Aug 08.
2. Background:
It has been observed that varied interpretations have been

attached to the term “pending case” by individuals as well as investigative
bodies and offices/units that issue clearances in the Philippine Army. As a
result, confusion is apparent and administrative due process adversely
affected.
3. Purpose:
The purpose of this policy is to insure that there is uniform

interpretation and application of the term “pending case” in the Philippine
Army. This will avoid undue harassment of military personnel due to malicious
complaints which are somehow detrimental to personnel growth/development
and career advancement as well as to the overall mission accomplishment of
the Command.
4. Definition: it is hereto defined that a case is considered pending

under the following circumstances/ instances:
a. For Administrative Cases – There is pending

administrative case upon the finding of probable cause, that offense was
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indeed committed by erring personnel, after the termination of the conduct of

Summary Investigation or as contained in the Investigation Report. This shall
commence from the date the Investigation Report was signed by the
Investigating Officer. Administrative cases shall include the following:
1) All cases from Minor to Grave Offenses as

enumerated in annexes A-C Personnel Directive Nr 1 dtd 12 June 2008,
Policy on Disposition of Administrative Cases and imposition of Punishments;
2) All Court Martial Cases; and
3) All cases referred to the PA Efficiency and

Separation Board.
b. For Criminal Cases –There is a pending case from the

date of filing for information before the civil court (whether Municipal Circuit
Trial Court [MCTC], Municipal Trial Court [MTC], Regional Trial Court [RTC],
Sandiganbayan) by the Prosecutor, Municipal Judge (Judges of
MCTCs/MTCs are also authorized by law to conduct preliminary investigation.
– sec 2 & 5 of Rule 112 of the Rules of Court), or Ombudsman who
conducted the preliminary investigation. A complaint filed and pending
resolution before the Prosecutors Office is not considered pending case.
5. Remarks on SOI: With the above consideration, the Discipline,

Law and Order (DLO) Clearance as well as paragraph 18 and 16 of the SOI
(AW/Criminal Records) of the personnel, for officer and enlisted personnel
respectively, shall contain the remark on the status of the case as “pending
case” until such time that the case is resolved.
6. For purpose of promotion: Promotion Boards shall take

cognizance of officers/enlisted personnel who are within the zone of
consideration for promotion and who is/are found to have a pending case/s
before the Civil Courts, Sandiganbayan included. The board shall have the
prerogative to inquire into case. It shall have the latitude to determine whether
the case should be considered as an impediment for promotion. It shall
inquire into merits of the case and if after inquiry finds that the case does not
affect the Officers/EPs’ performance and/or his potential for higher levels of
command, then the personnel should be recommended for promotion.
7. Responsibilities:
a. The Discipline, Law and Order Information System

(DLOIS) NCOs of the Army Provost Marshal (APM), the Army Inspector
General (AIG), and the Office of the Ethical Standards of the Philippine Army
(OESPA) shall be responsible for encoding/uploading the status of a pending
case into the DLOIS database upon receipt of the Summary
Investigation/Investigation Report (IR), with the finding of probable cause by
the Investigator.
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b. If the IR states that there is no probable cause, it shall not

be reflected as a pending case into the DLOIS database.
c. However, upon legal advise/opinion of the Army Judge

Advocate, and upon further evaluation of the Chief, DLO, Branch, OG1, PA
that there is probable cause to merit preferment of charges/offense, same
shall be reflected/encoded into the DLO database as “pending case”.
d. The DLOIS NCO of DLO Branch, OG1, PA shall counter

check the entries into the Data Base as to its correctness based on the case
folder processed by the Branch.
8. For guidance and strict compliance.
BY COMMAND OF LIEUTENANT GENERAL IBRADO:
(SGD) EDUARDO B ANDES

Colonel AGS (GSC) PA
Adjutant General
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ANNEX G
SOP DISPOSITION OF ANONYMOUS COMPLAINTS/REPORTS
Republic of the Philippine

Department of National Defense
General Headquarters, Armed Forces of the Philippines
Office of Ethical Standards and Public Accountability
Camp General Aguinaldo, Quezon City
28 March 1993
STANDING OPERATING PROCEDURE

NUMBER 1
DISPOSITION OF ANONYMOUS COMPLAINTS/REPORTS
1. PURPOSE:
To establish a standing operating procedure in the handling of

complaints/reports violation of AFP military and civilian personnel.
2. SCOPE:
This SOP shall be observed and adhered to by the Office of Inspector

General, AFP, Office of the Provost Marshal, AFP, and Unit Inspectors,
Provost Marshal in all levels of command in the AFP, all commanders, major
services, area commands, and all AFP Units which might be tasked to
investigate complaints/reports,
3. PROCEDURE:
a. To protect AFP personnel from undue harassment, only

meritorious anonymous complaints/reports shall be taken cognizance of and
shall be thenceforth investigated;
b. Anonymous complaints/report, to be considered

meritorious, must satisfy any of the following conditions:
1) Upon initial/verification, the complaint contains

correct names and addresses of witnesses;
2) The supporting documents/evidence to the

complaints/reports could be verified and obtained from offices or persons
mentioned in the complaints.
3) The complaint gives sufficient leads to pursue

investigation.
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c. Anonymous complaints/reports that are not meritorious

shall be dismissed outright. However, they shall be filed for future reference.
These reports should be removed from the files after three (3) months of
inactivity and should not stop the issuance of clearance.
d. Complaints/reports, meritorious or not, containing

allegations with bearing on national security shall be referred to cognizant
offices/agencies for investigation/appropriate action. These complaints shall
be terminated within six (6) months.
e. The major services, AFPWSSUs and other GHQ Units

with IG/PM shall submit to this Headquarters (Attn: OTIG/TPMG) reports of all
meritorious anonymous complaints/reports received and disposed of. Also
reports of investigation and other pertinent records/documents shall be
transmitted.
4. EFFECTIVITY: This SOP shall take effect upon publication.

Captain (GSC) PN
The Adjutant General
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ANNEX H
MEMORANDUM: INVESTIGATIVE JURISDICTION OVER CERTAIN
CASES
REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF NATIONAL DEFENSE
GENERAL HEADQUARTERS, ARMED FORCES OF THE PHILIPPINES
OFFICE OF ETHICAL STANDARDS AND PUBLIC ACCOUNTABILITY
CAMP GENERAL EMILIO AGUINALDO, QUEZON CITY
25 Aug 1993
Memorandum to –
C, OESPA GHQ & AFPWSSUs

C, OESPA, PA
C, OESPA, PAF
C, OESPA PN
Subject: Investigative Jurisdiction over Certain Cases
1. In consonance with guidelines issued during OESPA Command

Conference held at AFPCOC on 18 August 1993 and in order to decongest
OESPA, AFP of numerous cases, the OESPA of the respective Major
Services shall investigate respondents with the rank of LIEUTENANT
COLONEL and below except those involved in serious anomalies involving
P1M or more. The OESPA, AFP, on the other hand, shall retain the
investigation of major cases.
2. This memorandum shall not divest OESPA, AFP of its

prerogative to review cases resolved at the lower level of the OESPA, AFP
and to file and prosecute cases with the Office of the Deputy Ombudsman,
AFP.
3. All Chiefs, OESPA of Major Services are enjoined to submit

quarterly report on the status of cases indicating therein the name of
respondent, the nature of the cases, the date of the complaint, and the date
and course of action taken.
4. For compliance.
(SGD) MARIANO J DUMANCAS JR

Vice Admiral AFP
Chief, OESPA, AFP
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ANNEX I
HEADQUARTERS
PHILIPPINE ARMY
G1/AAG 18 Sep 2008
STANDARD OPERATING PROCEDURE

NUMBER 05
STANDARD OPERATING PROCEDURE OF INCORPORATIN PENDING

AND RESOLVED CASES IN THE SOI
1. GENERAL:
a. References:
1) HPA Directive dated 04 September 2006, subject,

Amended DLO Information System Guidelines.
2) HPA Directive dated 12 January 2005 subject, PA

DLO Clearance System Guidelines.
3) HPA SOP Mr. 8 dated 13 April 2007, subject,

Guidelines, Regulations, and Procedures on the Utilization of the Personnel
Information System (PIS).
4) HPA SOP Nr 13 dated 06 August 2007, “IGRR and

Procedures in the Publication and Incorporation of Admonition or Reprimand
Records on the SOI.
b. Background:
The Personnel Information System (PIS) has been an effective tool for
career development of military personnel of the Philippine Army. One of its
forms is the Summary of Information (SOI) which has been a complete
reference in all military transactions such as promotion, schooling, placement
and assignment. Likewise the Discipline, Law and Order (DLOIS), as a
separate system is used by the army to address the growing concern for the
availability of reliable and efficient management system for data storage,
statistical analysis and record tracking of all cases involving military personnel
and civilian employees of the Philippine Army.
With the advancement of Information Technology (IT), the two systems

have been integrated effective May 2008, however, there is a need to refine
the process and procedures of integration of the SO and DLOIS for
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consistency of recording and at the same time, to improve the integrity and
accuracy of their data.
c. Scope and Purpose
This SOP prescribes the standard policies and procedures of

incorporating DLOIS information (i.e., pending and resolved cases) in the SOI
of active military personnel in the Philippine Army.
The positive benefits of this regulation are as follows:
1) It will serve as a counter measure and a counter-

checking mechanism between that of the entries of the SOI and the DLOIS;
2) It will provide commanders as well as

boards/committees an easy reference material to know the background of the
personnel;
3) It will provide a venue for our personnel to be

updated/informed and to institute corrections in their records, if there are any;
and
4) It will serve as deterrence to would-be-offenders.
2. DEFINITION OF TERMS:
a. Summary of Information (SOI) – A summary report of

important information about a particular PA Officer and EP that includes
among others, his personal characteristics, family background, educational
attainment, military career, service records and social affiliations.
b. Discipline Law and Order Clearance Certificate (DLOCC)

– it is a clearance issued by the command that reflects status of cases of its
personnel.
c. Dropped Cases – it is a disposition laid down by an

investigating office on a complaint filed before it and clearing the same as
dropped because of but not limited to the following instances:
1) Lack of Jurisdiction;
2) Lack of sufficient evidences;
3) Charges are unfounded, unmeritorious or lack of
legal basis; and/or
4) The case was already resolved;
d. Closed Cases – the case is considered closed when after

investigation, the accused has been exonerated, convicted or acquitted by
competent authority.
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e. Pending Cases- for all intents and purposes, a case is

considered pending when:
1) A criminal case has been filed before any court of

law or General Court Martial.
2) An administrative case has been filed before the

PA Efficiency and Separation Board.
3) A case under investigation pursuant to circular 17,

GHQ, AFP dated 02 Oct 87, subject: Administrative Discharge prior to ETE in
case of enlisted personnel.
f. Dropped and Closed – The case is considered dropped

and closed when after investigation and final judgment, the accused is
exonerated due to instances as enumerated in para 2c above.
g. Resolved Cases- the case has been decided by

competent authority with finality.
3. POLICIES:
a. Pending Cases - All pending cases shall be reflected in

the SOI (para 18 for officer and para 16 for EP) indicating therein the specific
violation/s of rules and regulations (example: AW 62 – AWOL or AW 97 –
General Articles).
b. Resolved Cases (Dropped) – All dropped cases shall not

be reflected in the SOI. Investigating offices (APM/AIG/OESPA) will not reflect
dropped cases into the DLOIS database, especially when no probable cause
was found during the conduct of the investigation.
c. Resolved Cases closed (Convicted) – when after the

judgment/decision, the accused is convicted by competent authority with
finality, the result of which shall be reflected in the SOI.
d. Resolved Cases Closed (Exonerated or Acquitted) –

when after the judgment/decision, the accused has been exonerated or
acquitted by competent authority with finality, the result of which shall be
reflected in the SOI. This is to provide a historical background of the
personnel, particularly for cases where there were initially a finding of
probable cause by the investigator.
e. In any case that an intentional tampering was made on

the DLOIS concerned encoder shall be dealt with accordingly as specified in
reference 1a.
4. PROCEDURE:
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a. Encoding – HPA Investigating Offices (OAIG, OAESPA

and APM) shall determine if the case is considered as a “pending case” and
shall cause the immediate encoding of the case into the DLOIS. Cases which
are found wanting of probable cause shall not be encoded, except upon
review of AJA and the Chief, DLO, OG1, PA.
b. Integration and Inter-connection – The Office of the Army

Management Information Center shall see to it that the DLOIS and the PIS
databases are integrated and shall ascertain the security of the systems.
c. Correction/Deletion
1) Correction on the entries into the DLOIS shall be

effected upon personal request of the party concerned, with reasons that will
justify the correction. Such request shall be certified by the Chief, DLO, OG1,
PA. Corrections can also be requested by investigative offices, AJA and Chief
DLO, OG1, PA whenever errors on the entries are noticed.
2) All requests for correction/deletion of entries into

the DLOIS shall be forwarded to CG, PA (Attn: G1) which will be further
forwarded to the OAMIC for processing.
5. RESCISSION: Previous policies, guidance and orders in conflict

with this policy are hereby rescinded.
6. EFFECTIVITY: This SOP shall take effect upon publication.
BY COMMAND OF LIEUTENANT GENERAL IBRADO.

Adjutant General
DISTRIBUTION
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ANNEX J
HEAD Q UA RTERS
PHIL IPP INE AR M Y
OACESPA/AGPD 10 March 2008
SUBJECT: Lecture on AFP Code of Ethics and Graft Prevention
TO: All Concerned
1. General:
The OESPA, PA will continue to conduct lecture on Code of

Ethics and Graft Prevention pursuant to AFP Professionalization Plan
(PROPLAN). This plan intends to make the army soldiers truly professional
and models of integrity in the government service emphasizing the Code of
Ethics and graft prevention measures to eradicate graft and corruption
throughout the organization thru the conduct of continuous lecture at PA-wide
units. The said lecture is in consonance with the policy of higher headquarters
to promote information dissemination program relative to provisions of the
Code of Ethics and Graft Prevention in the AFP.
2. The objective of this lecture is to emphasize the Code of Ethics

and graft prevention to make the army soldiers truly professional and model of
integrity in the government service.
3. In order to avoid incurring too much expenses while attaining the

objective of this lecture, all PA units in the field (Inf Div, Engr Bdes, Combat
Service Support units) through their respective Chief, ESPA, are directed to
conduct lecture twice a year to start on the month of June 2008 and on Oct
2008. You are required to follow the schedule of activities that was prepared
by OESPA, PA, hereto attached as Tab “A”. All concerned unit are required to
tap the services of their respective SJA and Chaplain in the conduct of each
scheduled lecture to teach on Laws related to graft prevention and spiritual
enlightenment, respectively. Liaison personnel of each unit shall coordinate
with OESPA, PA regarding the reference materials to be reproduced and
copied.
4. Program of Activities, (Tab A)
5. All Units concerned (Infantry Division, Engr Bdes and Combat

Service Support Units PA-wide) are further required to submit to OESPA, PA
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their after-activity report for each lecture that has been conducted with
attached pictures to be further submitted by this office to higher headquarters.
6. Funds for photo coverages, supplies, training materials, and

snacks of participants will be provided by the concerned Unit chargeable
against their respective Command and Management Fund.
7. Lateral coordination among office/units concerned is highly

encouraged.
BY COMMAND OF LIEUTENANT GENERAL YANO:

Adjutant General
DISTRIBUTION:
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ANNEX K
HEAD Q UA RTERS
PHIL IPP INE AR M Y
OESPA 29 April 2011
SUBJECT: Conduct of Lectures by PA Line Units
TO: All Comdrs - Inf Divs, Inf Bdes/EBdes, TRADOC

ARESCOM, SOCOM, LAD, ISG, and 525ECBn (S)
Attn: C, OESPA
1. Reference: HPA Letter Directive dated 10 March 2008, on the

same subject matter.
2. The OESPA, PA is tasked to continue the conduct of lectures on

the Code of Ethics and Graft Prevention pursuant to its mandate to
enhance/propagate professionalism among the Philippine Army personnel.
The said lectures are in consonance with the policy of higher headquarters to
promote information dissemination program relative to the provisions of the
Code of Ethics and other laws related to graft and corruption.
3. On 10 March 2008, HPA Letter Directive was issued for all PA

Units in the field (Inf Divisions, Engr Bdes, Combat Support, and Combat
Service Support) through their respective Chiefs, ESPA. They were directed
to conduct lectures twice a year to start in the month of June 2008 and then in
October 2008, and every year thereafter. All concerned units were required to
tap the services of their respective SJA and Chaplain in the conduct of each
scheduled lecture to teach on laws related to graft prevention and spiritual
enlightenment, respectively. This letter directive was issued in order to assist
the Philippine Army in the promotion of Ethical Standards and Values, without
entailing too much expense on the part of the government, through the
conduct of information dissemination, seminar, or lecture by the line units.
4. In light of the OESPA’s mandate and the prevailing situation

where the AFP is battered by controversies regarding the alleged anomalies
committed by some former high ranking members, this Command deemed it
necessary to amend the existing policy. This is in support of the
pronouncement of President Benigno Aquino III, in his inaugural speech, “to
end bad governance, set an example in getting rid of corruption in public
administration, and to move in the righteous path/ direction”. Likewise, this is
in line with CG, PA’s thrust that “commanders must set the example and must
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also demonstrate a high level of moral and ethical standards that their men
will emulate.” Moreover, no less than the newly installed AFP Chief of Staff, in
his speech during the turn-over of command ceremony, mentioned that “in
every activity of the Armed Forces, we shall remove two basic conditions that
breed corruption - opportunity and motivation. By further strengthening our
system and procedures that shall ensure accountability of every resource, and
by promoting a culture that will encourage every soldier not to tolerate corrupt
practices, we shall overcome”.
5. While it is everybody’s concern to practice and abide by the

Core Values and Ethical Standards as embodied in the AFP Code of Ethics, it
is, however, the responsibility of the PA line Units to continuously remind their
personnel through the regular conduct of lectures or seminars and Troop
Information and Education (TI &E) to attain this objective. Propagation of the
Code of Ethics will understandably require a more extensive conduct of
information dissemination which should be extended down to detachment
level.
6. In this regard, all Units concerned are required to conduct

information dissemination or lectures to its lower units down to detachment
level, emphasizing the AFP Code of Ethics, spiritual enlightenment, and laws
related to Graft and Corruptions. They shall require the maximum
participation/attendance of Commanders, Chiefs of Offices, officers, Unit Sgt
Majors, F/Sgts, Chief Clerks, NCOs, and soldiers. A separate lecture for the
officers and enlisted personnel shall be conducted. This activity shall be done
every month until all subordinate Units under respective Commands have
been visited. Each Command must organize its own speakers bureau, the
composition of which is not limited to the Unit’s SJA, Chaplain and Chiefs,
OESPA especially those in the lower units as long as there are available
personnel who are qualified to conduct lecture on RA 3019, also known as
Anti-graft & Corrupt Practices; RA 6713, also known as Code of Conduct and
Ethical Standard of Public Officials and Employees; other related laws; Vices
and Virtues; AFP Code of Ethics; and Managerial Ethics and Good
Governance. The units shall use the Program of Instruction (POI) and
reference materials including the power point presentation/lecture prepared by
this Command.
7. Further, consolidated After-Activity Reports of the concerned PA

Units must contain the reports of their subordinate units and shall be
submitted to OESPA, PA on the 30th day of the last month of every quarter for
submission to higher headquarters.
8. Lateral coordination among offices/ units concerned is highly

encouraged.
9. Be guided accordingly.
BY COMMAND OF LIEUTENANT GENERAL ORTIZ:
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EDILBERTO L SURATUS
Colonel, GSC (AGS) PA
Adjutant General
Distribution:
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PROGRAM OF INSTRUCTIONS
(DATE)
MORNING
TIME ACTIVITY/ SUBJECT
0700H Breakfast
0800H Registration of Participants
0830H Opening Ceremony
National Anthem
Invocation
Opening/ Welcome Remarks
0900H Lecture Proper
Vices & Virtues
Seven (7) Capital Sins
Kinds of Virtues
Cultivation of Virtues
1000H General Concept on Graft & Corruption
Concept Corruption under RA 3019
Acts or Omissions Punishable under this Act?
What is graft?
What is corruption?
Penalty
What is RA 6713?
Norms of Conduct of Public Officials and
Employees of the Government.
What are the Prohibited Transactions?
Penalty
1200H Lunch
AFTERNOON
TIME ACTIVITY/ SUBJECT
1330H Proper Filing of Statement of Assets and Liabilities
Who should file?
Where to file?
When to file?
Penalty
Governing laws in Proper Filing of SAL
1430 Managerial Ethics and Good Governance
Introduction (Using the Statement of Pres. Benigno Aquino II
in his Inaugural Speech)
Objective
Definitions (Managerial Ethics; Governance; Public Sector
Governance)
Keys to Effective Governance
Framework for Gov’t Governance
Simple Formula to Analyze the Tendency for Corruption to
Exist
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Applicable Laws
AFP Creed
Military Professionalism
1630H Seven (7) Articles of AFP Code of Ethics
AFP History
AFP Creed (Honor, Duty, Valor,Solidarity &
Loyalty)
AFP Stand on Basic Issues
Military Professionalism
Unprofessional/ Corrupt Acts
AFP Customs and Traditions
1730H Closing Ceremony
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ANNEX L
DND MEMORANDUM DTD 30 OCT 1993
Republic of the Philippines

DEPARTMENT OF NATIONAL DEFENSE
Camp General Emilio Aguinaldo
Quezon City
30 Oct 1993
MEMORANDUM to-
Chief of Staff, AFP

Quezon City
The recent involvement of military elements in criminal activity

indicates a slackening of the AFP’s campaign against scalawags. The
situation drew negative reactions from the public including the media, which
claimed among others, that almost all major crimes have active or former
military men or policemen involved. This has caused no less than the
President to order for a renewed drive against scalawags/rouges in uniform.
In this connection, it is desired that:
1. The AFP revitalized its anti-scalawags campaign by harnessing

its intelligence and counterintelligence resources in re-intensifying the
operation of the Task Force HAMMERHEAD which was organized to identify
active and former military element engaged in criminal activities; and enhance
coordination with law enforcement agencies in the neutralization and
prosecution of said scalawags.
2. The Code of Ethics shall be emphasized in the regular Military

Values and Education (MILVED) programs and in the Troop Information and
Education (TI & E) sessions. Particular attention must be given to Article III
(The AFP Creed) and Article V (Military Professionalism).
Expeditious submission of your actions taken on this directive will be

appreciated.
(SGD) RENATO S DE VILLA

Secretary
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ANNEX M
PROFESSIONALIZATION CAMPAIGN
OFFICE OF THE CHIEF OF STAFF
CAMP EMILIO AGUINALDO, QUEZON CITY
12 Nov 1993
SUBJECT: Professionalization Campaign
TO: Major Services Commanders

Chief, OESPA of the Major Services
Area Commanders
CGs/COs, AFPWSSUs
1. Reference: SND Memo dtd 30 Oct 93.
2. Recent media reports account for certain misguided members of

the AFP who are allegedly having figured in criminal activities. Proven true or
otherwise, it is the paramount interest of this Command that every single
individual of the AFP organization be reminded to his duties and
responsibilities as mandated under the Code of Ethics.
3. I therefore direct the intensification of the AFP’s

professionalization campaign by giving emphasis by all concerned to Article III
(Then AFP Creed) and Article V (Military Professionalism) of the AFP Code of
Ethics in regular Military Values and Education (MILVED) programs and
during TI & E sessions.
4. In this connection, Chief of the Major Services, OESPA are

instructed to monitor and report compliance hereof.
(SGD) LISANDRO C ABADIA

General AFP
Chief of Staff
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ANNEX N
MEMORANDUM OF AGREEMENT
KNOWN BY ALL MEN BY THESE PRESENTS:
This Memorandum of Agreement made and executed on 26th January

2004 at Quezon City, Metro Manila, by and among:
The OFFICE OF THE OMBUDSMAN, with its OFFICE OF THE

DEPUTY OMBUDSMAN FOR THE MILITARY AND OTHER LAW
ENFORCEMENT OFFICES (OMB-MOLEO), with office address rat the
Ombudsman Building, Agham Road, Quezon City, herein and
represented by the Tanodbayan, HON. SIMEON V. MARCELO;
-and-
The ARMED FORCES OF THE PHILIPPINES, through the OFFICE

OF THE ETHICAL STANDARD AND PUBLIC ACCOUNTABILITY
(OESPA), with office address at General Headquarters, Armed Forces
of the Philippines, Camp Emilio A. Aguinaldo, Quezon City, and herein
represented by the Chief of Staff, GEN NARCISO L ABAYA AFP;
-and-
The COMMISSION ON AUDIT (COA), with office address at

Commonwealth Avenue, Quezon City, and represented by
Chairperson, HON. GUILLERMO N. CARAGUE.
W I T N E S S E T H:
WHEREAS, the Constitution mandates that the State maintains

honesty and integrity in the public service, and take positive and effective
measures against graft and corruption;
WHEREAS, the Constitution requires the public officers and employees

must at all times, be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, efficiency, act with patriotism and justice, and
lead modest lives;
WHEREAS, the Office of the Ombudsman, a constitutional office was

formed and organized by virtue of Republic Act No. 6770 to act as the
Protector of the People, and in the exercise of its functions and duties, acts
promptly on complaints filed in any form or manner against officers or
employees of the government owned or controlled corporations, and enforces
their administrative, civil and criminal liability in every case, where the
evidence warrants in order to promote efficient service by the government to
the people;
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WHEREAS, the Office of the Deputy Ombudsman is the lead agency in

the war against graft and corruption with the ultimate objective of restoring
integrity and efficiency in the government service;
WHEREAS, the Office of the Deputy Ombudsman for the Military and
Other Law Enforcement Offices (MOLEO) of the office of the Ombudsman
exercises jurisdiction over members of the military and other police or law
enforcement offices in cases of graft and corruption;
WHEREAS, the Office of Ethical Standards and Public Accountability

(OESPA) serves as counterpart of the Office of the Deputy Ombudsman for
the Military and other Law enforcement Agencies (MOLEO) in its role as the
watchdog within the Armed Forces of the Philippines (AFP);
WHEREAS, OESPA-AFP is organizationally parallel with the Office of

the Inspector General, AFP and has exclusive jurisdiction over active AFP
personnel involved in major graft cases, and serves as the anti-graft
investigating office in the AFP Organization;
WHEREAS, the OESPA’s mission is to enhance professionalism,

promote honesty and integrity in the military service, instill ethical standards
and inculcate a strong a sense of public accountability among military and
civilian personnel in the pursuit of common commitment against graft and
corruption in the AFP;
WHEREAS, the Commission on Audit is constitutionally mandated to

examine, audit, and settle all accounts pertaining to the revenue and receipt
of, and expenditures or uses of funds and property, owned or held in trust by,
or pertaining to the Government, or any of its subdivisions, agencies, or
instrumentalities, including the AFP.
WHEREAS, the Commission on Audit, with its principal function of

auditing the accounts of government at all levels, plays a role in the
prevention and detection of graft and corruption in the AFP.
WHEREAS, alleged graft and corruption in the AFP has created

pernicious impacts of the AFP as an organization and the country, thereby a
becoming a treat to National Security;
WHEREAS, while the national government is facing the challenge of

developing a functioning economy, easing poverty, stamping out graft and
corruption, improving peace and order, and stabilizing the socio-political
scene, it is also fighting various internal security threats. This entails not only
political will and national consensus. More importantly, it requires all
government agencies and instrumentalities to have the capabilities to
accomplish their mandated tasks, and from these mandated tasks, to actually
contribute to the end being pursued;
WHEREAS, there is a need for the agencies and offices involved in the
fight against graft and corruption to closely coordinate with one another and
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present a united front against graft and corruption and for their officers to
acquire new skills and expertise in preventing, detecting, investigating, and
prosecuting graft and corruption:
WHEREAS, towards the improved and efficient investigation of graft

and corruption cases, there is a need to strengthen linkages between and
among the Office of the Deputy Ombudsman for the Military and other Law
Enforcement Offices, the Office of Ethical Standards and Public Accountability
and the Commission on Audit.
NOW THEREFORE, in consideration of the foregoing, the Parties

hereby agree to:
1. Treatment of Cases:
1.1 The OMB-MOLEO, having the primary jurisdiction to

investigate and prosecute cases involving members of the Armed Forces of
the Philippines, shall take cognizance of cases filed directly before its Office
by any person, both natural and juridical, including those endorsed or
forwarded to it by the OESPA and the Commission on Audit;
1.2 The OESPA shall take cognizance of the graft and

corruption cases filed directly with its office, against officers and personnel of
the Armed Forces of the Philippines;
1.3 The OMB-MOLEO and the OESPA (to be assisted by

COA as the need arises), can individually or jointly initiate and/or conduct
inquiry and/ or fact-finding investigation on reports of alleged graft and
corruption activities committed by any officer or member of the Armed Forces
of the Philippines;
1.4. Preliminary investigation of graft and corruption cases

shall be the sole responsibility and function of the OMB-MOLEO;
1.5 In the conduct of preliminary investigation, Subpoena

and/or Orders to Submit Counter-Affidavits issued by the OMB-MOLEO shall
be served on the respondent/personnel concerned, and copy furnished the
following:
a. Major Service Commander concerned/Area

Commands/AFP Wide Support Service Units; and
b. Chief of staff- Attention: J1
1.6 Graft and corruption cases inquired into, or investigated

by the OESPA involving public funds shall be noted by the head, OESPA and
forwarded to the OMB-MOLEO for final disposition;
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1.7. Graft and corruption cases inquired into, or investigated

by, COA involving use of public funds by the AFP shall be approved by the
head of the sector , and forwarded to the OMB-MOLEO for final disposition;
1.8 The OMB-MOLEO shall have the authority to determine

what law was violated by respondents(s) officer and/or personnel of the
Armed Forces of the Philippines, including provisions of the Article of War;
1.9. The OMB-MOLEO shall hear and decide administrative

complaints/cases related to graft and corruption. Non-graft and corruption
related complaints/cases shall be endorsed by the OMB-MOLEO to Major
Service Commander concerned/Area Commands/AFP Wide Support Service
Units, and the OESPA.
2. Joint Investigating Team:
2.1. In case where there is a need to conduct joint

investigation, the respective heads of the OMB-MOLEO, OESPA and COA
shall designate the members and composition of the investigating team which
shall be headed by a lawyer from the OMB-MOLEO.
2.2. The Investigating Team shall be designated on a need

basis to be determined by the Deputy Ombudsman for MOLEO, and their
designation shall be for the duration of the investigation of a specific case
only.
2.3. The Investigating Team shall submit its reports directly to

the Deputy Ombudsman for MOLEO, copy furnished the OESPA and COA.
2.4. Travel and logistics requirements of the members of the

investigating team incurred in the conduct of investigating team incurred in the
conduct of investigation mentioned above shall be borne by their respective
agencies.
3. Training and Educational Program:
3.1. The OMB-MOLEO, OESPA and COA shall conduct joint

training seminars to enhance the technical know-how of their investigators
and personnel on the proper handling of graft and corruption cases and
investigation of the same;
3.2 The expenses of the members of the investigating team

for such training seminars shall each be borne by their respective agencies.
4. Clearance Procedure:
4.1. Subject to existing rules of the Office of the Ombudsman

and of the Office of the Deputy Ombudsman for MOLEO, requests for
Ombudsman clearance shall be filed by the individual officer and/or enlisted
personnel concerned with their respective Major Service OESPA. The proper
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Major Service OESPA shall then directly coordinate with the OMB-MOLEO in
this regard.
IN WITNESS HEREOF, the parties have hereunto set their hands on

the date and place first written above.
(SGD) SIMEON V. MARCELO (SGD) GEN NARCISO L ABAYA

Tanod Bayan Chief of Staff, AFP
(SGD) GUELLERMO N CARAGUE

Chairperson, COA
Signed in the presence of:
(SGD) ORLANDO C CASIMIRO (SGD) LTGEN RODOLFO C GARCIA

Dep, Ombudsman, MOLEO Vice Chief of Staff, AFP
Chief, OESPA
(SGD) EMMANUEL DALMA

Commissioner, COA
Republic of the Philippines)

Quezon City, Metro Manila) S.S.
BEFORE ME, a Notary Public for and in Quezon City, personally

appeared the following persons on 28th January 2004, at Quezon City, Metro
manila, exhibiting before me their respective Community Tax Certificates:
NAME CTC NO. DATE & PLACE ISSUED
Simeon V Marcelo 01394252 4.10.2003 - Quezon City

Narciso L Abaya 16766068 1.08.2004 - Quezon City
Guillermo N Carague 15586800 1.23.2003 - Quezon City
IN WITNESS WHEREOF, I have hereunto set my hand on the date

and place first written above.
Doc No. ___

Page No. ____
Book No._____
Series of 2004.
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ANNEX R
CODE OF ETHICS
PREAMBLE
WE, THE MEMBERS OF THE ARMED FORCES OF THE

PHILIPPINES, IMPLORING ENLIGHTENMENT FROM ALMIGHTY GOD, IN
ORDER TO ACHIEVE AND MAINTAIN A PROFESSIONAL ORGANIZATION,
WORTHY OF PUBLIC TRUST AND RESPECT, FAITHFUL TO ITS
CONSTITUTIONAL MANDATE AS THE PROTECTOR OF THE PEOPLE,
THE SOVEREIGNTY OF THE STATE, THE DEMOCRATIC INSTITUTIONS
AND THE INTEGRITY OF THE NATIONAL TERRITORY, FREELY AND
COLLECTIVELY COMMIT OURSELVES AS OUR WAY OF LIFE, TO ABIDE
BY AND ADHERE TO THE PROVISIONS OF THIS CODE OF ETHICS
WHICH WE HEREBY DO ORDAIN AND PROMULGATE.
ARTICLE I – IDENTITY
Section 1. Constitutional Mandate – The Armed Forces of the

Philippines (AFP) recognizes the Constitution of the Republic as the legitimate
expression of the people’s will. It is mandated to serve and protect the people
and secure the sovereignty of the state and the integrity of its national territory
from internal and external threats. In view thereof, the AFP pledges allegiance
to the Filipino people, adheres to the principle of supremacy of civilian
authority over the military at all times, and vows to uphold and defend the
Constitution.
Section 2. Organization and Chain of Command – The AFP is duly

created by law as an integral part of the Executive Branch of the Government.
It is a well- organized and disciplined body composed of a citizen armed force
necessary for the defense and security of the State. It is headed by the
President as the Commander-in-Chief who exercises control, supervision and
authority through a Chain of Command headed by the Chief of Staff.
For operational efficiency and effectiveness, the AFP is presently

composed of three (3) Major Services: the Philippine Army (PA) which
conducts ground combat operations, the Philippine Air Force (PAF) which
secures the Philippine air space, and the Philippine Navy (PN) which secures
the Philippine territorial waters. Each service considers the other services as
brothers-in-arms and members of one big family. All AFP services maintain
harmonious and mutually supportive relationship with each other and other
government entities.
Section 3. Commitment, Measures, and Standards – The AFP shall

maintain a high level of credibility to gain the trust, confidence, and respect of
the Filipino people. It shall manifest a high level of competence and standard
of performance in all its undertakings.
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ARTICLE II – AFP HISTORY
Section 1. Historical Perspective – The AFP identifies itself with the

Filipino people, historical struggles for freedom, and justice and their vigilance
against any attempt to violate the country’s integrity and sovereignty. In
retrospect, it recognizes the role of our forefathers as freedom fighters and
honors them to their democratic and nationalistic aspirations.
The AFP, as the embodiment of the cherished martial values and

tradition of the Pilipino people, traces its roots to certain historical events
foremost of which is the battle of Mactan on 27 April 1521 where Lapu-lapu,
the acknowledged father of the AFP, first signaled our love for freedom; the
Dagohoy Revolt in 1744, the Muslim resistance and other similar uprising
against Spanish colonialism manifesting our fight against foreign domination;
the founding of the Katipunan on 07 July 1892 by Andres Bonifacio,
considered as the father of the Philippine Army, who exemplified Filipino
solidarity; and the Tejeros Convention on 22 March 1897 which proclaimed
officially our desire for complete independence and thereafter gave birth to the
Philippine Army.
On 12 June 1898, the Philippine Independence was declared at Kawit,

Cavite, and for the first time, the Philippine Flag was unfurled by Gen Emilio
Aguinaldo and our National Hymn was played. The Filipino-American
hostilities between 1898 and 1899 further demonstrated the Filipino Soldiers
best in terms of honor, valor, loyalty, duty, and solidarity despite the
overwhelming superiority of the enemy forces.
To hasten the Philippine campaign on peace and order, the Philippine

Military Academy was organized on 25 October 1898, followed by Philippine
Constabulary on 08 August 1901.
On 21 December 1935, the National Defense Act was enacted officially

to create the AFP. The Defense of Bataan and Corregidor from the outbreak
of World War II until 09 April and 06 May 1942 respectively against the
Japanese invasion forces, the active Philippine guerilla movement and the
successful Anti-Huk campaign also best exemplified the Filipino soldier’s
heroism and love of country. The Philippine Air Force was later established 01
July 1947. Moreover, it is also noteworthy that the AFP had participated in
international peace keeping efforts as its commitment to the United Nations
such as the Philippine Expeditionary Force to Korea (PEFTOK) in the early
50’s, the Philippine Air Force Contingent in Congo, Africa in the early 60’s in
the Philippine Civic Action Group (PHILCAG) in South Vietnam in the Late
60’s. After the EDSA event, the AFP has vigorously pursued a national
reconciliation effort for peace and progress.
Section 2. Lessons Learned from the Dark Pages of AFP History –

The AFP recognizes and resolves to correct misdeeds of some of its
members who sacrificed national interest for individual gains, committed graft
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and corruption, perpetuated the ill effects of martial law, including the
deteriorating effect on the AFP and national economy caused by the
unsuccessful coup attempts which betrayed the AFP’s tradition of ethical and
professional conduct. These misdeeds tainted the good image of the
organization. Therefore, the AFP, recognizing these shortcomings and
misdeeds, vow to evoke from its members the will to put the interest of the
country and the service above self, to enhance solidarity, to promote
professionalism, and to inculcate vigilance and preparedness against all
threats to the Republic.
ARTICLE III – THE AFP CREED AND STAND ON BASIC ISSUES
Section 1. The AFP Core Values – The profession of arms, as a

noble calling, demands from its member not only specialized knowledge and
skills but also a distinct lifestyle governed by a commonly held belief-system
containing non-negotiable enduring core values of honor, loyalty, valor, duty
and solidarity. This system guides the way members live their lives, perform
their duties, and account for their behavior under circumstances of peace and
conflict situations. Every member of the AFP shall voluntarily bind himself to
build and sustain his character and life-style with the core values as
foundation; otherwise he shall have no place in the military service.
WE, THEREFORE, EXPRESS THE FOLLOWING CREED:
1.1. We believe in honor as our crowning value as it is more

precious than life itself. It is the hallmark of our military conduct, which implies
our clear consciousness of personal dignity and worth. We associate it with
good reputation and is immortal, sacred part of our character, the violation of
which should bring about shame in us and the dignity to impose on ourselves
the requisite restitution.
In peace or war, our word shall be our bond. Thus, to us, honor also
means truthfulness, sincerity, honesty, uprightness, credibility and avoidance
of deception, so that our written or spoken word maybe accepted without
question. Our facts shall be identified as facts, and our opinions for what they
are. To us, honor means integrity, for we commit ourselves to live a modest
and decent life. We shall not lie, cheat, steal, violate moral and ethical codes
or tolerate the violations of same. As honorable soldiers we shall rise and live
above the frailties of other men in less exacting professions.
Honor demands from us commitment to all so acts according to the

other values in this Creed, for it is on the basis of trust and confidence that all
of us shall exist as members of the AFP.
1.2. We believe in unflinching loyalty. Our oath of office

requires us to be loyal to our nation and to obey the mandate to support and
defend the constitution. We shall be obedient to the duly constituted political
order. We shall support the Chain of Command and obey all lawful orders of
those legally appointed over us.
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To us, loyalty to the unit shall imply that we express in words and in
deeds strong support to those who lead us, those whom we lead and all those
who serve with us. To us, loyalty enhances dedication and pride in our unit,
fosters cohesion, and promotes sincere concern for the well-being of our
fellow soldiers. It is the best expression of our fidelity to God, our country and
fellow men, and our adherence to democratic principles, constitutional
mandate and legal authority.
1.3. We believe in valor as the power and strength, courage

and ability to overcome fear to carry-out our mission and to accomplish what
is seemingly impossible. To us, valor goes beyond the physical dimension of
boldness and endurance to pain and hardship. With this value, we shall have
the moral courage to stand for what is right and persevere to make it difficult
for friends, superiors, peers, and comrades alike to do the wrong thing.
We also recognize that the spiritual aspect of valor is shown by

composure, calmness, and presence of mind. In a situation demanding from
us an act of exceptional bravery, we shall remain ever serene and never allow
our selves to be taken by surprise. In the heat of the battle, we shall maintain
presence of mind; in the presence of menacing danger or death we shall
remain self-control. We shall have benevolence for those who are suffering
and in distress, for the weak, the looser, and the vanquished. We shall be
polite at all times for it is the outward manifestation of our self-respect for
others, and in it, we find a reserve of force, which we will tap and unleash only
at the most appropriate times.
1.4. We believe in duty as the value of obedience and

disciplined performance despite difficulty and danger. To us, duty is the
personal act of responsibility manifested by accomplishing all assigned tasks
to the fullest of ones capability, meeting all out commitments and taking
opportunities to improve our selves for the good of the service. We believe
that duty requires acceptance of responsibility not only for our own actions but
also for the actions of those entrusted to our care. To us, duty subsumes
professionalism and competence, which are pre-requisites to confidence,
pride, and spirit-de-corps. Our unit will function effectively when we know and
execute our jobs properly.
We believe that duty is selfless service in which the welfare and the
accomplishment of the missions come ahead of our individual desires. We
best serve the nation when we resist the temptation to pursue our self-
interest, for the AFP cannot function effectively if it becomes merely a
collection of self-serving individuals.
To us, duty is rendering service that demands our willingness to

sacrifice even if is means giving up our lives in defense of our country.
1.5. We believe in solidarity for it is the consolidating and

integrating value to which all of us bind ourselves with the rest of our
comrades-in-arms. With it, we reject divisive fraternal organization within the
AFP. We believe that a well-trained, well-led military unit shall develop pride
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and sprit-de-corps. Our leaders shall foster esprit-de-corps by ensuring that

we will know the importance of our missions. When we lead others, we shall
establish a strong bond by showing them our personal as well as professional
example of excellence, for we recognize that our organization as a whole
relies on our ability to do our job to the best of our ability in team work with
others. Indeed, solidarity to us is the value that links us in a constantly, self
rectifying harmonious and dynamic system bound by the motto: “Maka-
Diyos, Maka- Bansa, Maka- Tao, Maka-Kalikasan”.
Section 2. The AFP Stand on Basic Issues – The employment of the

AFP in many areas of the national concern which lie beyond the traditional
martial role of the organization, both in the country and abroad, has ushered
in a lot of misunderstanding and confusions not only in the mind of the soldier
but also in that of the ordinary citizen. It is therefore very necessary and
important for the AFP to clearly define its stand on the following issues.
2.1. The AFP Organization – The AFP Organization shall be

so designed, structured, staffed, and manned as to be able to carry out
missions and functions effectively through the optimum use of resources. It
shall allow full development and equipage of both active and reserve forces,
in the greater involvement of the citizenry not only in the defense of the state
but also in civil assistance activities during disasters, calamities and national
emergencies.
2.2. Supremacy of Civilian Authority – The AFP shall at all

times uphold the supremacy of civilian authority over the military. The
President as the Commander-in-Chief of all the armed forces shall exercise
command and control over the armed forces. The AFP shall respect laws
enacted by Congress, enforced writs issued by the judiciary, carry out
directives of the Comelec under circumstances provided by law and
subscribed to regulations enacted by the Commission on Audit concerning the
management of funds.
2.3. Chain of Command – The AFP shall follow the chain of

command. Every officer and soldier shall obey the lawful orders of his
immediate superior. Anyone who shall refuse or fail to carry out a lawful order
from the military chain of command shall be subject to military discipline. On
other hand, commanders shall exercise their authority over their subordinates
with prudence and shall accept responsibility for their actions. Command
responsibility shall extend to the level as determined by an appropriate and
competent board.
2.4. Military Leadership – The military leadership shall have

ability to influence members of the organizations in the fulfillment of its roles,
obligations and functions. It shall have a sincere concern towards the morale
and welfare of the members. It shall also be credible and able to promote
opportunities for genuine reconciliation and solidarity for the sake of peace.
2.5. Research and Technology – The AFP shall be the prime

mover of research and technology in the manufactures of the armaments and
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electronic hardware, in aircraft and shipbuilding, and full utilization of

indigenous defense materiel based on our belief, care, and attitude in the
preservation, development and protection of our natural resources.
2.6. People’s Support – The AFP firmly acknowledges

people’s support as vital in achieving peace and order. Thus, it shall respect
living conditions, beliefs, ways of life, and the totality of the environment of all
sectors to ensure their acceptance of the AFP as their own.
2.7. National Development – The AFP shall be the people’s

partner in promoting peace, national development, and progress.
2.8. Partisan Politics – The AFP recognizes the sanctity of its

insulation from partisan politics. Its involvement in politics shall be strictly
limited to the exercise to its member’s right of suffrage and in ensuring the
security and delivery of ballots to the concerned government entities during
election if and when deputized to do so. The AFP therefore pledges not to
interfere nor an instrument of any politically motivated activities. AFP
members required to go to polling precincts through the Commission on
Appointments shall conduct himself honorably, resisting the temptation to
resort to behavior that seeks political favor in exchange to subservience.
2.9. Mass Media – The mass media is an effective vehicle of

change and progress. The AFP shall maintain an “open-media policy “. It shall
respect the media freedom of movement and access to vital sources of
information and freedom of expression limited only by the law on classified
information. It shall develop a positive working relationship with the media in
order to broaden popular understanding, draw appreciation of the national
security programs, and seek self-improvement. However, only the CSAFP,
Major Service Commanders and their respective authorized representatives
shall be allowed to make official media releases.
2.10. Spiritual Life – The AFP shall encourage the practices of

one’s religious faith for the good of the service. The constitutional provision of
the separation of the church and state shall not only allow but shall promote
the free exercise of religion in the AFP.
2.11. Family Life – The AFP shall recognize that its members
are human being with the same family obligations as other people. It shall
therefore support activities that will strengthen husband-wife, parents-children,
and family-community relationship; provides facilities conducive to a
wholesome home and community life and protect military dependents
especially minors, from exploitation and drug abuse.
2.12. Democracy – The AFP adheres to the principle of

democracy that the government is of the people, by the people, and for the
people. The real power and authority in the governance of the nation
emanates from its citizens. The AFP recognizes its role to protect the people
and assert its rights to participate in democratic processes in which it is legally
allowed to do so, but it shall never allow itself to be used to subvert the
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sovereign will of the majority neither would it lend its power to stifle the rights
of minority.
2.13. National Interest – Foremost in the mind of AFP shall be

the realization that national interest serves the common good of the citizenry.
This shall be the overriding factor to which the AFP fully commits itself in all
missions it shall undertake.
2.14. Peace – Peace is a priceless gift to a mankind,

which connotes freedom from any hostilities such as political, social and
economic ills. It is the tranquility, orderliness and harmony among people
based on justice. The AFP as the vanguard of peace shall ensure its
preservation, restoration and enhancement, for change and development can
only be attained through peaceful environment.
2.15. War – War is defined as the used of organized

military force by a state to achieve its ends against the physical opposition of
a hostile state or states. War in developing countries, however, has gained a
new dimension as holistic and total approach to the solution of socio-political
conflicts. War is resorted to only when all peaceful means shall have failed
and no other option is left to resolve the conflict. The AFP, thus, prefers peace
to war. Hence, it strongly supports any activity or program geared toward
reconciliation. But in the conduct of war, the AFP shall be able and willing to
perform hazardous missions with the right use of force, the least loss of lives
and the swiftest favorable outcome. It shall maintain a high state of readiness
through sustained training and updating of its logistical needs to ensure
victory. The AFP shall be always ready to defend and suppress any external
or internal threats. It must be vigilant without being oppressive.
2.16. Use of Armed Force – The AFP shall exercise the utmost
restraint and precaution in the use of armed force to implement policies. If the
use of arms is inevitable, it must be sanctioned by the duly established
political system using only reasonable force as necessary to fulfill its mission.
It shall be directed only against the enemies of the state, not against innocent
civilians or non-combatants, and most of all not against its own people and
government.
2.17. Social Justice – The AFP shall subscribe to the promotion

of social justice. It shall understand that the humanizations of laws, adoption
of legal measures towards the equalization of social and economic forces, are
means to maintain equilibrium of relationship in the community.
2.18. Human Rights – The AFP shall respect the inherent

dignity of a human being and his inalienable rights as contained in the
“Universal Declaration of Human Rights “ and other declaration to which our
country is signatory. As such, the AFP shall pledge itself to protect and
promote these rights.
2.19. Enemies of the State – The AFP shall consider as

enemies of the state those who shall violate the sovereignty of the Philippines
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as an independent and a democratic state; those who shall subscribe to

violence as a means to achieve their ends and those who do not adhere to
the internationally accepted principles of peace, equality, justice, freedom,
and friendship; those who shall not accept the supremacy of civilian authority
over the military; those who shall dismember the country or any part thereof;
those who shall foment chaos and disorder and obstruct the achievement of
the common good; those who shall engage in organized crimes that threaten
the security of the state; and those who shall organize the populace for the
purpose of alienating their allegiance from the state.
The AFP shall control and suppress the enemies of the state and in
coordination with other government agencies, shall try to bring them back to
the mainstream of society through rehabilitation. It shall treat the enemies of
the state according to the laws of the land.
2.20. Principled Critiques/Cause-Oriented Groups – The AFP

shall not stifle dissent or label the principled critiques and/or caused-oriented
groups as threats to national security and/or enemies of the state as dissent
and opposition are important features to ensure a healthy and dynamic
democracy.
ARTICLE IV – AFP MEMBERSHIP
Section 1. General Statement – The AFP members make up the

most important assets of all organization’s resources. Efforts shall, therefore,
be exerted to attract only the best qualified and most deserving, in order to
maintain the high standards set forth in this Code.
The AFP membership is composed of the Commission Officers and

Enlisted Personnel.
Section 2. Procurement System – The AFP shall adopt an efficient

system of procurement that shall ensure uniform and strict implementation of
established policies and procedures in order to upgrade the quality of its
members. Extreme care must be made in the setting of criteria that shall not
discriminate skilled and/or gifted applicants. Procurement of personnel shall
be proportionately taken from all regions of the archipelago in order to have
an equitable regional representation nationwide.
Section 3. Membership Qualifications – The following shall be the

minimum criteria in the selection of applicants.
3.1. Commissioned officers – Granted by the President of the

Philippines of commission and rank appropriate to his/her line of expertise
after meeting all the following requirements:
3.1.1. Must be a natural born citizen, of good moral

character, physically and mentally fit within the age brackets prescribed by the
AFP regulations.
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3.1.2. Must at least be a Baccalaureate Degree holder.
3.1.3. Must have gone through at least the basic

commissioned officer’s training in any of the service schools here and abroad
or in any private or public educational institution duly authorized to conduct
said training.
3.1.4. Must have attained an above average IQ rating in

the AFP Aptitude Test Battery prepared and administered in accordance with
AFP Regulations.
3.2 Enlisted Personnel
3.2.1 Must be a natural born citizen, of good moral

character, physically and mentally fit, single and within the age bracket of
from 18 to 26 years of age;
3.2.2 Must have earned at least 72 units in college or its

equivalent.
3.2.3 Must have attained an average IQ rating in the

general military classification test prepared and administered in accordance
with AFP regulations.
3.2.4 Must be of minimum height as set forth in the AFP

regulations.
Section 4. Education and Training – It shall be the responsibility of

both the AFP as an organization and every member of the AFP as individuals
for the purpose of enhancing proficiency in the service. Where there will be
conflict between the organization and the individual’s need, the exigency of
the service shall prevail.
The thrust of the military education and training shall include the
continued build-up and sustenance of the core values of honor, loyalty, valor,
duty, and solidarity and the maintenance of professionalism in the
organization.
For the purpose of career development and advancement, no

commissioned officer or enlisted personnel shall be assigned to any AFP unit
without first undergoing the proper orientation and basic training being
conducted by appropriate AFP training schools.
Section 5. Retention of the Service – Reserve officer in the active

service, not covered by Executive Order 79 who wish to remain in the AFP
and whose performance qualify them for retention in the service shall signify
their intention in a duly endorsed Personnel Action Form. This provision shall
be rendered inoperative as soon as integration of reserve and regular officer
in one security list by major services shall have been implemented in
accordance with Section 12.8 of Article VII.
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Enlisted personnel shall be retained in the service after serving three

years through a reenlistment requirements provided by AFP regulations,
unless amended.
Section 6. Promotion – The AFP shall offer equal opportunities for

each member of all ranks and specialties to develop their potentials. But only
the best qualified and most deserving can be assured of promotion and be
guaranteed a progressive military career.
Promotion of officers shall be open and limited only to those who fully
satisfy the criteria of seniority, competence, standard of accomplishment, and
soundness of character. A competitive promotional written and physical
examination for each grade shall be administered to help determine the best
qualified for promotion. Subjective criterion for selection like career reputation
shall have limited equivalent weight in order to avoid abuse of discretion or
influence of popularity on decisions.
Enlisted personnel shall be promoted according to the standardized

criteria similar to that for officers set forth by AFP regulations. Meritorious
promotion shall be awarded to those qualified, but limited only up to the grade
of E-7 (Msg).
Section 7. Retirement/Separation Benefits – All AFP personnel are

given the opportunity to serve the AFP until their optional or compulsory
retirement in accordance with existing rules and regulations. Separation of
military personnel shall only be either by voluntary decision on their part or
separation for cause. Grounds for separation shall include illegal and immoral
acts, and inefficiency as determined by an appropriate board. In the case of
officer, being twice deferred in promotion shall also cause their separation
from the service.
Benefits provided by law for services rendered shall be given fully to

military personnel upon their retirement or honorable separation. Claims for
benefit shall be attended to expeditiously by cognizant offices.
Section 8. Death and Disability Benefits – An AFP personnel and/or

his heirs shall be entitled to all benefits relative to the death or permanent
incapacity of said personnel, as provided for under pertinent laws.
ARTICLE V – MILITARY PROFESSIONALISM
Section 1. General Statement – The members of the AFP are public

servants who are oath–bound to fulfill the lofty mandate of the constitution.
The peculiarity of the military service which requires the right to bear arms
calls for a corresponding assurance of professionalism from every military
man.
Section 2. Professionalism – The expert application of specialized

skills based on an organized body of knowledge and in accordance with laws
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and/or Code of Ethics with the highest degree of excellence in the

Section 3. Standards of Military Professionalism – Every member of

the AFP shall observe the following guidelines in the discharge of their official
duties.
3.1. Standards of Loyalty – All military personnel shall be loyal

and true to the Republic of the Philippines, The Constitution, the AFP and to
the people at all times. They shall obey the duly constituted authority and
abide by laws, legal orders, good morals and good customs, and promote
order and public safety.
3.2. Standard of Competence – All military personnel must

possess the knowledge, skill, physical attributes and character traits
necessary to attain outstanding performance of duty and accomplishment of
the mission.
3.3. Standard of Ethics – The Military Community is a part of a

larger society – the Filipino society. Hence, every military personnel must
observe and conform to the accepted principles of right conduct being
observe in the society of which he/she is a part. Among this principles of right
behavior expected in the Philippine society and other civilized societies are
honesty, justice, truthfulness, and concern for others. Honesty should be
practiced in all dealings with persons and material resources. Military
personnel shall render service to everyone regardless of his status in life.
His/her word is taken on face value because he is not supposed to tell a lie.
He/she should show concern for the well – being of others to include enemies
who have surrendered or have been captured. He/she should be a trusted
steward of resources under his care.
3.4. Standards of Morals – Man is a rational being. Man is

also a moral being who is given the capacity to determine what is right and do
it and what is wrong and avoid it. In a society, there are accepted practices,
customs and traditions which are necessary in the ordering of community
such as respect for elders and authority and fidelity to an oath and/or vow.
It is, therefore, expected of a soldier to respect his superiors, peers,

and subordinates. He must be faithful to his pledge as a soldier to serve his
country above self. When married, he/she must be faithful and true to his/her
vow of fidelity to wife/husband. He must not only protect his personal honor
but of others as well. Transparency and openness must characterize the
dealing/transactions of every soldier. However, in such situation, he must not
lose sight of the fact that there are certain matters/information which must be
safeguarded because they involve the security of state.
Section 4. Unprofessional Acts – behaviors that fall short of the

professional standard set forth in this Code are considered unprofessional act.
Specifically, the following constitute offenses falling under this category:
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4.1. Acts of Disloyalty – Acts or omissions betraying one’s

faith, duty and commitment to God, country, people, constitutional
government, AFP Chain of Command, unit or office, and its mission. The
following are examples:
4.1.1. Any form of cowardice, desertion or abandonment

of post, duty and assignment without leave and with the intent not to return for
any reason; or advising, aiding a deserter to commit such acts, or entertaining
him without informing the latter’s commander or unit such as: when an officer,
who having tendered his resignation and prior due notice of acceptance, quits
his post or duties without leave and with intent to absent himself permanently;
when an enlisted personnel, without first having received a regular discharge,
again enlists in the AFP or in any foreign armed forces; when he quits his
organization or place of duty with the intent to avoid hazardous duty or to shirk
important service; or abandons his post; or advises or aids another to desert,
or entertains a deserter;
4.1.2. Contempt or disrespect by words or deeds

towards the Commander-in-Chief and appropriate civilian authority, one’s
superior officers or non-commissioned officers, such as when one uses
contemptuous or disrespectful words, behaves with disrespect, neglects
customary salute, exhibits undue familiarity, marked disdain, and indifference,
insolence, impertinence; displays other rudeness in the presence of a superior
officer; commits character assassination; by passes chain of command or
usurps/deprives authority; or prevents superior officers and the lawful exercise
of their function without reasonable justification; strikes a superior officers,
draws or lifts any weapon against a superior; offers any violence against a
superior; willfully disobeys any lawful command of a superior; strikes or
assault an NCO; attempts or threatens to strike or assault an NCO; willfully
disobeys the lawful order of an NCO; uses threatening or insulting language
and/or behaves in an insubordinate or disrespectful manner toward an NCO;
4.1.3. Any attempt to create, or participate in any violent

action against the duly constituted government, or its subdivisions, agencies
and instrumentalities, or engaging in any mutiny or sedition in any company,
party, post, camp, detachment, or other command, such as when one
conspires and proposes to commit treason; misprision of treason; Coup d’état;
begins or joins in a mutiny or sedition; and/or causes or excites a mutiny or
sedition.
4.1.4. Giving or attempting to give, aide, protection,

comfort, information, or any form of support to the enemy or his allies or
fronts, such as when one provides the enemy with arms, ammunitions,
supplies, money or other things; knowingly harbors or protects an enemy;
corresponds with the enemy; gives intelligence to the enemy; discloses
classified information; causes a prisoner to escape through design; or
espionage;
4.1.5. Refusal to execute duty or take appropriate action

during times of crisis such as siege, uprising, mutiny and similar occurrences
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for a perceived personal advantage, such as: fence-sits or is an opportunist

indicative of indecision or neutrality with respect to conflicting situations; when
a subordinate compels or attempt to compel a commander to surrender,
refuses to obey or to do this duty, or to participate in any measures of
defense.
4.2. Acts of Incompetence – Refer to the lack of required

knowledge, skills, physical attributes, and character traits necessary for the
adequate performance of duty and accomplishment of mission. The following
are examples:
4.2.1. Failure to attempt the minimum passing grade in

any AFP training and education program.
4.2.2. Inability to meet the physical, medical, mental,

and moral fitness test requirements of the service.
4.2.3. Apathy, indifference, or half-heartedness toward

duty, or the imprudent or negligent execution thereof, such as; failure to report
on time to the properly appointed place of duty; leaving one’s place of duty
without proper leave; absenting oneself from ones command, guard, quarters,
station, or camp without proper leave; failure to do one’s utmost to suppress
mutiny or sedition, failure to give information of mutiny or sedition; refusal to
receive or keep a prisoner committed to his charge; misbehaving before the
enemy; running away from the enemy; shamefully abandoning or delivering
up any command; endangering the safety of any command by any
misconduct, disobedience, or neglect; speaking words inducing others to
misbehave, run away, or abandon or deliver up or endanger the safety of any
command; carting away arms or ammunition; quitting one’s post or colors to
plunder or pillage; causing false alarms; refusing to engage enemy in combat;
displaying acts of cowardice; making known the
watchword/password/countersigns to person not entitled to receive it the
same from that received; giving a watchword/password/countersign different
from that received; neglecting to secure captured property; wrongfully
appropriating captured property; failure to give notice to proper authorities of
captured property; failure to turn over such property without delay when the
same comes to his possession; selling or wrongfully disposing of military
property; being drunk on duty; misbehaving as sentinel; committing any kind
of depredations or riots; committing any wastes or spoiling; willfully destroying
property; refusing or omitting to see reparations made; using reproachful
speech or gesture; using provoking speech or gesture; disorders and neglect
prejudicial to good order and military discipline; conduct of a nature bringing
discredit upon the military service; disregard of policies, regulations, or
directives; by passing the chain of command; improper display of insignia,
awards and decorations; disregard of military customs and protocol;
dereliction and negligence of duty; malingering; allowing a prisoner to escape
through neglect; refusing or willfully neglecting to deliver over an accused
person; and/or refusing or willfully neglecting to aid officers of justice in
apprehending and/or securing an accused person.
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4.3. Unethical Acts – refer to all acts or omission which

deviates from established and accepted ethical and moral standards of
behavior and performance as set forth in this Code. The following are
examples:
4.3.1. Directly or indirectly engaging oneself in outside

employment or business sidelines using government time, unless authorized
by proper authority.
4.3.2. Arrogance in words, ways and deeds including,

but not limited to, unnecessary use or display of firearms or uniforms or
unwarranted assertion of rank, position or authority.
4.3.3. Allowing any wrong doing or irregularity in the

military service or refusing or failing to take action thereon or to report same to
the appropriate authorities.
4.3.4. Occupying other positions in concurrent capacity

to obtain influence, privileges, honoraria, and other benefits incidental to said
position.
4.3.5. Lobbying for any favor, including but not limited to

promotions, assignments, positions and other privileges personally or through
other persons.
4.3.6. Any act of circumventing AFP rules, regulations,

circulars, directives for purposes of procurement, promotion, schooling,
assignments, awards and decorations to the damage or prejudice of any
applicant or member of the AFP committed by any member of the board,
committee or office, created for the purposes mentioned.
4.3.7. Allowing/tolerating spouses and dependents to

interfere/middle in official functions.
.
4.3.8. Fornication (i.e., Adultery, Concubinage,
Homosexuality, lesbianism, Pedophilia, etc).
4.3.9. Engaging in vices including but not limited to

excessive gambling, womanizing, excessive drinking of intoxicating liquor
used of prohibited drugs and the like.
4.3.10. Sexual Harassment is defined as: 1) influencing,

offering to influence, or threatening the career, pay or job of a person and
exchange for sexual favors. 2) Deliberate, repeated offensive comments,
gestures, physical contact of sexual nature in a work or work related
environment.
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4.3.11. Forum shopping – Filing of charges to different

investigative agencies thus results to disregarding the AFP Chain of
Command.
4.3.12. Airing Grievances/Seeking to Redress

Grievances – Directly or indirectly seeking redress of grievances through the
use of tri-media that will destroy the image of the AFP.
4.4. Corrupt Acts – All acts or omission described and

characterized as crimes against public interest, public morals, property,
chastity, civil status of persons, and honor under the pertinent provisions of
the Revised Penal Code and those specifically mentioned in Republic Acts
Nos. 3019 and 6713 and other special penal laws, including the Article of
War, AFP Rules, regulations and directives which involve dishonesty, injustice
and immorality, committed by any military personnel in connection with his
office, position, rank or influence to obtain material gain or personal interest or
advantage, causing damage to any party including the government. The
following are examples:
4.4.1. Any form of conversion, sale, application, or use

of government funds or properties other than what they are intended for
including, but not limited to POL allocations, firearms, ammunitions and other
supplies.
4.4.2. Any form of manipulation of unit or individual

funds including but not limited to maintenance and operating expenses
(MOE), project money, PA allowances, remittances to GSIS, RSBS, PAG-
IBIG, and the like.
4.4.3. Any participation in or toleration of rigged bidding.
4.4.4. Falsification/alteration of records/documents to

justify unwarranted acquisition or disposal/sale of government equipment to
favor any party including himself.
4.4.5. Allowing/tolerating military spouses and

dependents or dummies to deal or participate and any form of transactions
with the AFP including but not limited to biddings and the like.
4.4.6. Utilization/disposition/employment of AFP

personnel including but not limited to family/personal drivers, houseboys,
security guards and the like.
4.4.7. Utilization/disposition/employment of AFP material

resources for personal/family use including but not limited to vehicles, office
supplies, POL products and the like.
4.4.8. Receiving/accepting, demanding, or insinuating to

receive gifts in any form on any occasion.
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Section 5. Penalties and Administrative Sanctions – The penalties

for the foregoing disloyal, incompetent, unethical, and corrupt acts mentioned
in this Code shall be those which are provided and the Revised Penal Code,
the Articles of War, Special Laws and pertinent AFP rules and regulations.
The investigations, prosecutions and punishment of the offenders shall not be
waived or condoned.
ARTICLE VI – AFP CUSTOMS AND TRADITIONS
Section 1. General Statement – The continued use of desirable

practices long accepted by our predecessors provides a reserve of strength
that can not be obtained from new approaches that still require testing.
Customs that are cherished provide a simplification of lifestyles and serve to
inspire us to emulate our honorable predecessors.
Section 2. Definition of Terms.
2.1. Traditions – are inherited principles, standards and

practices that serve as guide for individuals or groups. Traditions are
accumulated experiences and deeds passed on from generation to
generation.
2.2. Customs – are accepted practices realized through

continued usage that take the force and effect of a common law.
Section 3. Military Traditions – The following are the significant

military traditions:
3.1. Tradition of Valor – The Filipino soldiers have epitomized

valor during their gallant defense of Tirad Pass, Bataan, Corregidor, and other
countless battles against foreign enemy forces. General Gregorio Del Pilar,
the Hero of Tirad Pass, paid tribute to Filipino Soldiery when he declared: “I
bow to the terrible destiny that defeats me and my brave men but I’m glad to
die fighting for my country”.
3.2. Tradition of Duty – The Filipino soldier has exemplified

himself throughout history as a dedicated public servant who performed his
tasks with a deep sense of responsibility and self sacrifice by making himself
available at all times whenever situation demands.
3.3. Tradition of Honor – General Artemio Ricarte, the first

recognized Captain General, as well as the other founding father of the AFP
during those difficult times have exemplified the value of Honor by leading a
life of personal dignity and self worth in time of peace or in war.
3.4. Tradition of Solidarity – The strongest, most enduring and

powerful military tradition that bound the soldiers in oneness to the people
they serve. In every endeavor the Filipino soldier has undertaken, he always
worked as part of the team and ally in the accomplishment of the mission, an
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indispensable partner of the people whose support he treasures as vital in the

attainment of national objectives.
3.5. Tradition of Loyalty – The Filipino soldiers has held the

respect of the nation by shedding blood and offering the supreme sacrifice in
defense of the country. He has given consistently his loyalty to God, the
Country, the People and the AFP Chain of Command.
Section 4. Military Customs – The following are some of significant

customs in the AFP.
4.1 Salute – Men of arms execute salute as an exchange of

greeting, courtesy and respect among themselves.
4.2. Flag Raising Ceremony – The Filipino soldier honors the

flag by raising it before the start of the official day’s work to pledge that all his
efforts for the day is dedicated to God, country and people.
4.3. The Retreat Ceremony – The sounds of the evening gun

during a combined ceremonial parade and retreat ceremony constitute one of
the inspiring customs of the service. Military personnel in camps or garrisons
pause for a moment either to salute the Nation’s Flag or sing the National
Anthem.
4.4. The Three Volleys Over Graves – This is a sign of

respect and gesture tendered to a departed comrade-in-arms.
4.5. The White Flag of Truce – A worldwide custom used to

signal the temporary cessation of hostilities between warring parties.
4.6. The Wearing of Decorations – Military personnel, who

honorably earned decorations in the performance of duty, displays them as
part of the uniform during appropriate occasions.
4.7. The Raising of the Right Hand in Taking Oath – The

taking of oath for truth of statement of testimony has always been solemn and
serious matter accompanied by ceremony. In essence the taker of the oath
calls upon his God to bear witness that the truth would be told.
4.8. Courtesy of the Post – An officer of any of the armed

services visiting at a military post or one who resides in its vicinity is often
extended the “Courtesy of the Post” by the commanding officer after the
prescribed official call has been made. This may include the privilege of the
accommodation at the Officer’s Club and Officer’s Mess if the visit is of short
duration and privilege membership, if the stay in the vicinity is extended.
4.9. Presentation of Recruits to Colors – In all recruiting units,

it is a ceremony in which recruits are presented to the colors for the purpose
of signifying acceptance and welcome to the organization.
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4.10. Welcome/Farewell Tendered to a Newly

Assigned/Departing Officer – A newly assigned officer is tendered a welcome
party while prior to the departure of an officer from his station on a change of
assignment, a farewell party is tendered. Other suitable unit function is usually
given by the unit’s officers and ladies in honor of the newly assigned/departing
officer and his family. When pressure of work prohibits this nicety, a “Happy
Hour” or simple get together takes its place. The same is extended to selected
senior key NCOSs and Petty Officers.
4.11. Ceremony Tendered to a Retiree – this is tendered to a

military retiree in recognition of his long faithful and honorable service to the
AFP.
4.12. Pipe Calls, Trumpet or Bugle Calls – Pipe, trumpet of

bugle calls add more distinction and excitement to the regimented life of
military personnel. As the day-to-day activities unfold, the sound of these calls
rejuvenates every system of his body to continue performing the things as
signaled by each call.
4.13. Courtesy Calls – The following are some of the significant

courtesy calls in the military:
4.13.1. An officer who has been detailed outside of and

rejoining his major service or has been reassigned to units outside his major
service customarily calls on his Major Service Commander.
4.13.2. Upon approval or prior to departure, officers from

overseas mission of foreign schooling pay a call to their respective Major
Service Commanders. It is also appropriate for officers assuming foreign post
or coming back from such assignments to call on the Chief of Staff and
Secretary of National Defense.
4.13.3. Officers assuming command positions or similar

key positions call on their immediate commanders, including Major Service
Commanders. They do the same prior to a transfer or relief from duty.
4.13.4. Newly promoted officers who customarily call on

their Major Services Commanders. This is usually done in groups of the same
rank.
4.13.5 In some cases, senior officers who are subject to

all these calls may be extremely busy to attend or receive callers. It is always
a sign of courtesy and goodwill to have manifested an intension to pay such a
call.
4.14. Call of Newly Promoted Generals/Flag Officers – Officers

promoted to star ranks call on the Major Service Commanders, Chief of Staff,
AFP and the Secretary of National Defense after taking oath of office before
the Commander-in-Chief. Calls on the Major Service Commanders are usually
accompanied by some form of arrival and departure honors.
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4.15. New Year’s Call on the Commander Officer – It has been

an invariable custom throughout the AFP that officers make a formal call upon
their Commander during New Year’s Day.
4.16. Happy Hour – This is special form of unit officer

comradeship which has been developing and spreading in recent years.
When this is directed, officers gather at their local club for a beer and
conversation. Usually held on Fridays, the growing calls for a light hearted
jesting about the events of the week, or airing a minor gripe, and blowing off a
little steam, it may also be a time to slip in a judicious request for a pass or
even to inquire about taking a leave. Behavior and activities conform strictly to
the moral and ethical standards set fort in this Code.
4.17. Military Weddings – These customs are generally the

same for all faiths. They vary only as chaplains of the different churches
incorporate other procedures to add to their color and tone.
4.18. Patronage of the Officers Club and EP’s Club Houses –

This custom enables officers and EP to spend their off-duty social and
recreational life in said centers.
4.19. Ceremonies at Holiday Dinners – This is the practice on

Christmas and New Year’s Day, in which Commanding Officers visit troops
during mealtime or prior to the serving of the meal. The method varies rather
widely.
4.20. Christmas Holiday Entertainment – This is another

practice on Christmas, in which children of the organization are given gifts and
entertained. This is jointly organized by the Chaplain, Special Service Officer
or Ladies Club with the band present.
4.21. Rank Has Its Privileges – Whenever a choice is to be

made, such a selection of billets or quarters or electing means of
transportation, the option of selection follows rank, with the senior given the
privilege to select first.
4.22. Visiting the Sick – A military personnel who is sick in the

hospital is visited by available officers and enlisted personnel of the unit in
such number as may be permitted by the doctor or surgeon in charge. An
officer or soldier of his units visits him in order that his needs are attended to.
4.23. Survivor Assistance to Bereaved Family – When any

member of a unit dies, an officer is immediately designated by the
commanding officer to render every possible assistance to the bereaved
Family. A family courtesy may be tendered, if desired, in the case of death of
a member of any personnel’s family.
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4.24. “I Wish” and “ I Desire” Statement – When the

commanding officer states, “I wish, or I desire” rather than “I order” that you
do such and such , this wish or desire has all the force of a direct order.
4.25. Place of Honor – The place of honor is on one’s right.

When a junior walks, rides, or sits with a senior, he takes position abreast to
the left of the senior.
4.26. Use of the word “Sir” – The word “Sir” is used in military
conversation by the junior officer in addressing a senior, and by all soldiers in
addressing officers. It precedes a report, a query, and follows the answer of a
question.
ARTICLE VII – GENERAL PROVISIONS
Section 1. Legal Force – This Code of Ethics shall be guided by the

provisions of the Constitution of the Republic of the Philippines, Article of War,
Revised Penal Code, R.A 6713 (Ethical Standards of Public Officials and
Employees), R.A. 3019 (Anti- Graft Practices Act), R.A. 6869 (Anti-Coup
d’état Act) and other special laws.
Section 2. Moral Force – All members of the Armed Forces of the

Philippines in the implementation of this Code shall be morally bound by the
Divine Laws, Oath of Office, AFPO Customs and Tradition, AFP Code of
Conduct and AFPR as amended.
Section 3. Compliance – In order to ensure compliance with the

provisions of this Code, the following shall be observed.
3.1. All members of the Armed Forces of the Philippines shall

take upon themselves that the intent and spirit of this code is upheld at all
times.
3.2. Commanders shall set the example and the responsible

in the implementation of the Code.
3.3. There shall be an OESPA created to be headed by the

Vice Commanders for the Maj Svcs, Dep Comdrs for the Area Comds and
AFPWSSUs, Asst Div Comdrs for the Inf Div, Bde Dep and Ex-O for the Inf
Bdes, and Bn Ex-O for the Inf Bns or its equivalent in the Navy and Air Force
to spearhead the effective promotion of the program of action for the
institutionalization of the Code.
3.4. The Chaplains, as advisers of the Commanders on

matters of morality and religious life, while setting the example, shall actively
participate and assist in the internalization of the Code.
3.5. All members of the AFP should take oath that they will
abide by this Code and it shall form part of their military personnel file (MPF).
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Section 4. Dissemination – The following shall be followed to ensure

effective dissemination and inculcate awareness.
4.1 The Code shall include in the curricula of all AFP courses
and training programs including CAT and CMT.
4.2 It shall be incorporated in the Constitution and by-laws of

associations recognized within the AFP.
4.3. The entrance examination for prospective applicants of

AFP membership, as well as the AFP promotional examinations shall include
questions that shall enhance knowledge and appreciation of this Code to
ensure sustains dissemination and promotion
4.4. The provision of this Code shall be taken up during the TI

& E sessions. Every member of the AFP shall sign a certification that he/she
has read and understood the provision of this Code every 11th day of
October which is AFPCOE Day. The certification will form part of his/her
MPF.
4.5. Before any officer is designated to occupy a key position,

he/she should have undergone a seminar on the Code of Ethics.
4.6. Knowledge of the Code should be a requirement for

promotion to the next higher grade for all officers and enlisted personnel.
Section 5. Functional Creed derived from this code shall serve as a

mode for implementation and better appreciation in respective fields of
interest.
Section 6. Investigation Procedure – The following shall be followed

to expedite the disposition of cases against violators of this Code.
6.1 All offenses committed by any person subject to military

law shall be investigated and tried/proceeded against in accordance with the
provisions of AW 71. Sec, 35 (a) of the Manual for Courts-Martial and PDs 77
and 911.
6.2 If the offense referred to in the preceding paragraph is

committed by any person subject to military law in conspiracy with any civilian,
the case of the civilian shall be segregated from his co-respondent in
accordance with the procedure prescribed in PD Nr. 1850, as amended, and
its implementing rules and regulation; provided, however, that if the civilian
court jurisdiction, the Chief of staff, AFP at his own initiative or upon
recommendation of the pre-trial investigating officer or by the court itself, shall
secure the necessary Presidential waiver so that the case of the civilian can
be investigated and tried by the proper military court;
6.3. If the offense consists of acts and omissions which can

be disposed administratively without the need of court-martial intervention, the
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conduct of the investigation shall be that which is prescribed in AW 105, as

amended, or in EO Nr. 337 dated 13 September 1988 or in the other pertinent
AFP rules and regulations whichever is applicable.
6.4. If in the course of the investigation of the corrupt and

unethical practice committed by any person subject to military law, it appears
that his commission of the offense resulted to his acquisition of property
considered to have been unlawfully acquired as specified in RA 1379, the
disposition of the unlawfully acquired property shall be that which is
prescribed in said law;
6.5. Notwithstanding the provision of the preceding

paragraphs, in all cases filed with the Office of the Military Ombudsman, the
conduct of investigation shall be that which is a prescribed in the Rules of
Procedure of the Office of the Ombudsman.
6.6. Duty and Obligation of the Commanding Officer – If the

offense committed is punishable by not less than six (6) months
imprisonment, it is mandatory upon the commanding Officer or in his absence
his duly authorized representative to place the erring personnel of his
command under arrest or confinement for such period of time as may be
deemed necessary but not to exceed the imposable penalty. In other cases,
the commanding officer or his duly authorized representative must be
responsible for the appearance of erring personnel before any authorities
whenever his presence is required. Failure on the part of the officer
concerned to comply with his mandatory duty and obligation shall constitute
either corrupt unethical practice or act of incompetence for which he shall be
dealt with accordingly.
6.7. Disposition of the Accused Awaiting Trial – Upon receipt

by the convening authority of the written charges against the accused and to
ensure his appearance in court, it is mandatory for the said convening
authority to assign or place in confinement said accused in the place where
the trial is to be conducted, otherwise his non- compliance herewith shall be
considered and dealt with in accordance with the preceding paragraph.
Section 7. Penalties and Administrative Sanctions – The penalties

for the commission of acts/practices mentioned in this Code shall be that
which is provided for in the Revised Penal Code or in the Article of War. If the
offense is not punishable either under the Revised Penal Code or in the
Article of War, then the penalties prescribed by the law violated shall be
applied. For acts or omissions, which merely require administrative sanctions,
the applicable punishments as provided for in AW 105, as amended, and the
provisions of EO Nr 337, s-88 shall be applied.
Section 8. Amnesty or Compromise – In order to instill discipline and

to serve as deterrence to would-be violators, commissions of the
acts/practices mentioned in this Code are not subject to compromise,
amicable settlement or amnesty. All offenders shall be investigated,
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prosecuted and punished of found guilty in accordance with existing rules and
regulations.
Section 9. Amendment - Any amendment to or revision of this

code may be proposed in a convention or committee formed for the purpose,
the representation or membership of which shall be taken from various
branches of service or sectors of the AFP. No amendment shall be valid
unless it is ratified by the majority of the members of the AFP.
Section 10. Appropriations – The fund allocation necessary for the

effective implementation of the Code shall be taken from appropriations of the
Office of Ethical Standards and Public Accountability (OESPA). Thereafter,
such fund allocation as may be needed for its continued implementation shall
be included in the annual in the Operating Program and Budget (OPB) of
Major Services.
Section 11. Public Accountability – A military member, aware of his

responsibility to render just and fair service to the people and the state, shall
adhere to the Rule of Conscience and policy of transparency.
Section 12. Miscellaneous – There shall be a sustained effort to

improve this Code of Ethics in the following functional areas of concerned;
12.1. Research on the alternative culture based on signs and

symbols indigenous to the AFP Customs and Traditions.
12.2. Strengthen and reorient activities on historical recordings

and interpretation of contemporary events.
12.3. A human resource development program shall be

undertaken by the AFP to ensure strict compliance of values and standards of
the AFP among members.
12.4. The organizational structures of the AFP shall reinforce

values and standards of this Code.
12.5. Effective monitoring system shall be designed and

institutionalized to improve personnel behavioral development and creed/core
values formation.
12.6. Research and development of ethical standards

consistent to performance standards and professionalism shall be vigorously
pursued.
12.7. In case of conflict in the execution of customs and

traditions, the principle of functionality shall supersede formality and formality
shall be supportive of functionality.
12.8. The AFP shall continuously upgrade the criteria in the

procurement of commissioned officers and maintain a single Seniority Lineal
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List by major services and/or technical and administrative services as basis

for promotion, schooling and assignment. Graduating students/cadets of
military/civilian training institutions preparing to apply for commission and
other aspirants in the Armed Forces of the Philippines shall be required to
take the revised AFP Aptitude Test Battery to determine their suitability for
commissions.
12.9. The AFP Modernization program shall be implemented

consistent with the appropriate provisions of the AFP Code of Ethics.
Section 13. Separability Clauses – If any provision of this Code or the

application of such provision to any personnel or circumstance is declared
invalid, the remainder of the Code or the application of such provision to other
persons or circumstances shall not be affected by such declaration.
Section 14. Rescission – Existing rules and regulations, procedures

and policies shall be updated and harmonized with the spirit and intent of this
Code.
Section 15. Effectivity – This Code shall be effective thirty (30) days
after the ratification by the majority of all members of the Armed Forces of the
Philippines in a referendum called for this purpose, except provisions that will
require relevant legislation.
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ANNEX S
CSAFP LETTER DIRECTIVE PREVENTION OF AFP CODE OF ETHICS
VIOLATIONS
General Headquarters
Camp General Emilio Aguinaldo.
Quezon City
AGPRCR2 43-93 27 October 1993
SUBJECT: Prevention of AFP Code of Ethics Violation
TO: Major Services Commanders

Area Commanders
CGs/COs, AFPWSS
1. OVERVIEW:
a. It has been over three years since the launching of the

AFP’s moral regeneration program through the strengthening of the Office of
Ethical Standards and Public Accountability. So much has taken place since
then, mostly encouraging, but there is still in dire need to accelerate the
peace, if the AFP has to contribute more meaningfully to the ongoing national
peace process, in which AFP internal reforms and organizational development
have been put forth as an issue. Lest matters are misunderstood and just to
put things in their right perspective; it should be pointed out that this AFP
program was self-imposed; top leader initiated; democratically drafted;
broadly participated in, verified, validated , ratified and now implemented.
Whatever is left of the issue, therefore, properly concerns only the
operationalization of established concept and principles.
b. Even the counter-insurgency campaign of the AFP, now

twice revised to accelerate AFP gains even further to meet given time frames
will be positively influenced by this moral regeneration program since meager
resources will be stretched to the fullest possible extent to attain the AFP
mission.
c. The OESPA is now in its final stretch of providing

concrete measures to operationalize its three-pronged strategy to combat and
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eradicate graft and corruption identified and acknowledged as the principal

indicator of moral breakdown in the organization.
d. Enhancement of integrity promotion was its first program.

It complemented on-going value formation activities. An AFP-wide ESPA
structure has been set up which continuous to produce materials and
undertake activities gained at the internalization of the AFP’s five core values
viz; Honor, Valor, Duty, Loyalty, and Solidarity.
e. Improvement of the military justice system is its next

focus. Thus, expeditious handling and disposition of cases can be anticipated
once the investigative and prosecutive capabilities of units are enhanced. A
manual for this purpose has been published to complement and integrate
guidelines set in the policy, like the Primer on the Filing of Statement of Asset
and Liabilities and the Primer on the AFP Code of Ethics.
f. The ideal is that soldiers behave in self-directed ways

having internalized the five core values mentioned above. But there are just
those who simply behave in ways that violate the AFP Code of Ethics. So they
trigger the investigation and prosecution processes, efforts that can be
tedious and expensive. Successful expeditious prosecutions do have
deterrent effect but not at the desired magnitude.
g. Thus, the situation really calls for the third measure which
is what the OESPA calls the “deterrence option”. It has both psychological
and structural features and involves various offices into a system of
preventing damage to the AFP even before it occurs.
2. PURPOSE:
This set of instructions is intended to guide commanders the

appropriate levels to prevent violation of the AFP Code of Ethics, most
especially those that pertain to graft and corruption.
3. POLICIES:
a. Personalism and patronage as a leadership style must

give way to professionalism. Such arrangement often also facilitates collusion
to commit graft and corruption. Commanders must instead demonstrate a
personal commitment to developing and practicing efficient resource
management. The practice of some commanders of bringing with them key
staff officers and NCOS, wherever they get reassigned must be stopped. Not
only does it create suspicions from subordinates but it also demoralizes
professionals who get relieved in the process.
b. Commanders must accord OESPA officers, who are

usually their deputies, the respect due them. Henceforth, assignments to key
and sensitive positions, especially those having to do with financial, logistical
and material resources, must have the concurrence of cognizant officers.
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c. Commanders must encourage rather than hamper

periodic OESPA surveys and inspections. These measures must be
understood, appreciated and treated as tools of the commanders for wise,
judicious and timely decisions especially on personnel, security and fiscal
matters.
d. Commanders must demonstrate respect for the AFP

Code of Ethics and must lead in the continuing dialogues with their officers
and men about establishing or refining existing structures to maximize the
utilization of resources for attainment of assign task and mission while at once
preventing violation of the Code.
e. Commanders must endeavor to live modest life styles

according to general public expectations, they must not lose sight of the fact
that the AFP is the service organization and that motivation to gain influence
has no place in it. At most, congressional action can be worked out to improve
the pay scales of AFP personnel. But there is no way to encourage the mind
that the AFP can complete with business establishment in terms of material
profit to attain a desire level of affluence.
f. Commanders must improve personnel management of

their units. Functional eligibility listing must be updated and utilized in the
determination of recommendees to key and sensitive positions.
g. Pending more definitive organizational policies screening

committees must be established under a personal officer as chairman to pass
upon recommendees to key and sensitive positions, initially putting emphasis
on prospecting budget, finance, logistics officers or comptrollers or other
officers who may exercise responsibility over unit resources. Personnel,
Comptroller, IG, Counter-Intelligence and OESPA staff must be represented
in this committee. A secretariat shall be provided to include OESPA
personnel. The same committee shall serve as adjudication board to review
the qualifications and integrity of officers already holding key and sensitive
positions, applying an expanded meaning of the traditional suitability and
loyalty test.
h. The examination of Statement of Assets and Liabilities

(SAL) shall now devolve to the OESPAs of the Major Services, Area
Commands down to Army Divisions and their equivalents in the Navy and Air
Force. OESPA, AFP, however shall retain the power to review and shall
remain the central repository of SAL.
i. Priority in SAL examination shall be based on the

following:
1) Where the evidence of unexplained wealth is

strong and the suspected amount involved defies the credulity of reasonable
persons.
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2) Officers and Enlisted Personnel occupying key and

sensitive positions.
3) Officers and Enlisted Personnel projected to

occupy key and sensitive positions.
4. GENERAL PROCEDURES:
a. Cognizant personnel officers from J1 down the line shall

ensure the organization of screening and adjudication committees mentioned
in par C7 above.
b. Current SOP on designation of subordinate officers to key

and sensitive position shall include the recommendees’ SALN for submission
to the screening committee.
c. In addition to the screening process, the committee shall

conduct quarterly surveys and inspections of unit identified by priority of
targeting. Checklist must be prepared beforehand. After-activity Reports shall
be submitted within one-week after the date of survey or inspection.
d. Adverse or derogatory reports shall suffice to cause the

cancellation of an issued ESPA clearance or the suspension of one under
process. A negative finding shall restore the status of the personnel
concerned. Otherwise, the regular course of the AFP investigative and
prosecutive process shall be made to operate.
e. Regularly recruited and voluntary informants shall be

provided adequate protection against reprisal.
f. A reward system in recognition of preventive measures

instituted shall be allowed for units as well as individual members of units to
encourage total cooperation in this undertaking.
g. A midyear and annual review of its prevention program

shall be made by the ESPA family and corresponding reports shall be
submitted.
h. Coordinating conferences shall likewise be called by the

Personnel Family to involved representative from the comptroller, Inspector
General, OESPA and counter-intelligence staffs of the command levels
concerned in order to operationalize the intent of this directive.
5. For guidance and strict compliance.
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Captain, PN (GSC)
Adjutant General
DISTRIBUTION:
“A”
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ANNEX T
ANTI-GRAFT AND CORRUPT PRACTICES ACT
Be it enacted by the Senate and House of Representative of the

Philippines in Congress assembled:
Section 1. Statement of Policy. – It is the policy of the Philippine

Government, in line with the principle that a public office is a public trust, to
repress certain acts of public officers and private persons alike which
constitute graft or corrupt practices or which may lead thereto.
Section 2. Definition of terms. – As used in this act, the term:
a. “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.
b. “Public officer” includes elective and appointive officials

and employees, permanent or temporary, whether in the classified or
unclassified or exempt service receiving compensation, even nominal, from
the government as defined in the preceding subparagraph.
c. “Receiving any gift” includes the act of accepting directly

or indirectly a gift from a person other than a member of the public officer’s
immediate family, in behalf of himself or of any member of his family or
relative within the fourth civil degree, either by consanguinity or affinity even
on the occasion of family celebration or national festivity like Christmas, if the
value of the gift is under the circumstances manifestly excessive.
d. “Person” includes natural and juridical persons, unless

the context indicates otherwise.
Section 3. Corrupt practices of public officers. – In addition to acts or

omissions of public officers already penalized by existing law, the following
shall constitute corrupt practices of any public officer and are hereby declared
to be unlawful;
a. Persuading, inducing or influencing another public officer

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, or allowing himself to be persuaded, induced or
influenced to commit such violation or offense.
b. Directly or indirectly requesting or receiving any gift,

present, share, percentage or benefit, for himself or for any other persons, in
connection with any contract or transaction between the Government and any
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other party, wherein the public officer in his official capacity has to intervene
under the law.
c. Directly or indirectly requesting or receiving any gift,

present or other pecuniary or material benefit, for himself or for another, from
any person for whom the public officer, in any manner or capacity, has
secured or obtained, or will secure or the help given or to be given, without
prejudice to section thirteen of this Act.
d. Accepting or having any member of his family accepts

employment in a private enterprise which has pending official business with
him during the pendency thereof within one year after each termination.
e. Causing any undue injury to any party, including the

Government or any unwarranted benefit, advantage or preference in the
discharge of his official administrative or judicial functions through manifest
partiality, evident bad faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or government corporations
charged with the grant of license or permits or other concessions.
f. Neglecting or refusing, after due demand or request

without sufficient justification, to act within reasonable time on any matter
pending before him for the purpose of obtaining directly or indirectly, from any
person interested in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest or giving undue
advantage in favor of or discriminating against any other interested party.
g. Entering, on behalf of the Government, into any contract

or transaction manifestly and grossly disadvantageous to the same, whether
or not the public officer profited or will profit thereby.
h. Directly or indirectly having financial or pecuniary interest

in any business, contract or transaction in connection with which he
intervenes or takes part in his official capacity, or in which he is prohibited by
the constitution or by any law from having any interest.
i. Directly or indirectly becoming interested, for personal

gain, or having a material interest in any transaction or act requiring the
approval of the board, panel or a group of which he is a member, and which
exercises discretion in such approval, even if he votes against the same or
does not participate in the action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public

officers responsible for approval or manifestly unlawful, inequitable, or
irregular transactions or acts by the board, panel or group to which they
belong.
j. Knowingly approving or granting any license, permit or

privilege or benefit in favor of any person not qualified for or not legally
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entitled to such license, permit, privilege or advantage, or of a mere

representative or dummy of one who is not so qualified or entitled.
k. Divulging valuable information of a confidential character,

acquired by his office or by him or account of his official position to
unauthorized persons, or releasing such information in advance of its
authorized release date.
The person giving gift, present, share, percentage, or benefit referred

to in subparagraph (b) and (c), or offering or giving to the public officer the
employment mentioned in subparagraph (d); or urging the divulging or
untimely release of the confidential information referred to in subparagraph (k)
of this section, shall together with the offending public officer, be punished
under section 9 of this act and shall be permanently or temporarily disqualified
in the discretion of the Court from transacting business in any form with the
Government.
Section 4. Prohibition on private individuals:
a. It shall be unlawful for any person having family or close

personal relation with any public officer to capitalize or exploit or take
advantage of such family or close personal relation by directly or indirectly
requesting or receiving any present, gift or material or pecuniary advantage
from any other person having some business, transaction, application request
or contract with the government, in which such public official has to intervene.
Family relation shall include the spouse or relatives by consanguinity or
affinity, in the third civil degree, the word “close personal relation “ shall
include close friendship, social and fraternal connection, and professional
employment all giving rise to intimacy, which assures free access to such
public officer.
b. It shall be unlawful for any person knowingly to induce or

cause any public official to commit any of the offenses defined in Sec 3
hereof.
Section 5. Prohibition on certain relatives. – It shall be unlawful for

the spouse or any relatives by consanguinity or affinity, within the third civil
degree, of the President of the Philippines, the Vice President of the
Philippines, the President of the Senate, or the Speaker of the House of
Representatives, to intervene, directly or indirectly, in any business,
transaction, contract or application with the government; Provided, that this
section shall not apply to any person who, prior to the assumption of office of
any of the above officials to whom he is related, has been already dealing with
the Government along the same line of business, not to any transaction,
contract or application already existing or pending at the time of such
assumption of public office, nor to any act lawfully performed in an official
capacity or in the exercise of a profession.
Section 6. Prohibition of Members of Congress. – It shall be unlawful

hereafter for any Member of the Congress during the term for which he has
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been elected, to acquire or receive any personal pecuniary interest in any

specific business enterprise which will be directly and particularly favored or
benefited by any law or resolution authored by him previously approved or
adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who
recommended the initiation in Congress of the enactment or adoption of any
law or resolution, and acquires or receives any such interest during
incumbency.
It shall likewise be unlawful for such member of Congress or other

public officer, who, having such interest prior to the approval of such law or
resolution authored or recommended by him, continues for thirty days after
such approval to retain such interest.
Section 7. Statement of Assets and Liabilities. – Every public officer,

within thirty days after assuming office and, thereafter, on or before the
fifteenth day of April following the close of every calendar days, as well as
upon the expiration of his term of office, or upon his resignation or separation
from the office, shall prepare and file with the office of the corresponding
Department Head, or in the case of a Head Department or Chief of an
Independent Office, with the Office of the President, a true detailed and sworn
statement of assets and liabilities, including a statement of the amounts and
sources of his income, the amounts of his personal and family expenses, and
the amount of income taxes paid for the next preceding calendar year:
Provided, that public officers assuming office less than two month before the
end of the calendar year, may file their first statement on or before the 15th
day of April following the close of the calendar year. (As amended by RA
3047, PD 77 and PD 1288, Jan 24, 1978)
Section 8. Prima facie evidence of and dismissal due to unexplained

wealth. – If in accordance with the provisions of Republic Act Numbered One
Thousand Three Hundred Seventy Nine, a public official has been found to
have acquired during his incumbency, whether in his name or in the name of
other persons, an amount of property and/or money manifestly out of
proportion to his salary and to his other lawful income, that fact shall be a
ground for dismissal or removal. Properties in the name of the spouse and
unmarried children of such public official maybe taken into consideration,
when their acquisition through legitimate means cannot be satisfactorily
shown. Bank deposits in the name of or manifestly excessive expenditures
incurred by the public official, his spouse or any dependents including, but not
limited to activities in any club or association or any ostentatious display of
wealth including frequent travel abroad of a non-official character by any
public official when such activities entail expense evidently out of proportion to
legitimate income, shall likewise be taken into consideration in the
enforcement of this section, notwithstanding any provision of law to the
contrary. The circumstances herein above mentioned shall constitute valid
ground for the administrative suspension of the public official concerned for an
indefinite period until the investigation of the unexplained wealth is completed.
( As amended by BP Blg. 195, March 16, 1982)
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Section 9. Penalties for violations:
a. Any public officer or private person committing any of the

unlawful acts or omissions enumerated in Section 3, 4, 5 and 6 of this Act
shall be punished with imprisonment for not less than six years and one
month nor more than fifteen years, perpetual disqualification from public
office, and confiscation or forfeiture in favor of the Government of any
prohibited interest and unexplained wealth manifestly out of proportion to his
salary and other lawful income. Any complaining party at whose complaint the
criminal prosecution was initiated shall, in case of conviction of the accused,
be entitled to recover in the criminal action with priority over the forfeiture in
favor of the Government, the amount of money or the thing he may have
given to the accused, or the fair value of such thing.
b. Any public officer violating any of the provisions of

Section 7 of this Act shall be punished by a fine of not less than one thousand
pesos nor more than five thousand pesos , or by imprisonment not exceeding
one year and six months, or both such fine and imprisonment, at the
discretion of the Court.
The violation of said Section proven in a proper administrative

officer, even if no criminal prosecution is instituted against him. (As amended
by Blg. 195, March 16, 1982)
Section 10. Competent Court. – Until otherwise provided by law, all

prosecutions under this Act shall be within the original jurisdiction of the
Sandigan Bayan. (As amended by Blg. 195, March 16, 1982))
Section 11. Prescription of offenses. – All offenses punishable under

this Act shall prescribe in fifteen years.
Section 12. Termination of office. – No public officer shall be allowed

to resign or retire pending an investigation, criminal or administrative, or
pending prosecution against him, for any offense under this Act or under the
provisions of Revised Penal Code on bribery.
Section 13. Suspension and loss of benefits – Any incumbent public

officer against whom any criminal prosecution under valid information under
this Act or under Title Seven Book II of the Revised Penal Code or for any
offense involving fraud upon the government or public funds or property
whether as a simple or as a complex offense and in whatever stage of
execution and mode of participation, is pending in court, shall be suspended
from office. Should be convicted by final judgment , he shall lose all retirement
or gratuity benefits under any law, but if he is acquitted, he shall be entitled to
reinstatement and to the salaries and benefits which he failed to receive
during suspension, unless in the meantime administrative proceeding have
been filed against him.
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In the event that such convicted officer, who may have been separated
from the service, has already received such benefits, he shall be liable to
restitute the same to the government. (As amended by BP. Blg 195 March 16,
1982)
Section 14. Exception. - Unsolicited gifts or presents of a small or

insignificant value offered or given as a mere ordinary token of gratitude or
friendship according to local customs or usage, shall be exempted from the
provision of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the

practice of any profession, lawful trade or occupation by any private person or
by any public officer who under the law may legitimately practice his
profession, trade or occupation during his incumbency, except where the
practice of such profession, trade or occupation involves conspiracy with any
other person or public official to commit any violations penalized in this Act
Section 15. Separability clause- If any provision of this Act or

application of such provision to any person or circumstances is declared
invalid, the remainder of the act or the application of such provision to other
Section 16. Effectivity. – This Act shall take effect on its approval, but
for the purpose of determining unexplained wealth, all property acquired by a
public officer since he assumed office shall be taken into consideration.
APPROVED, August 17, 1960.
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ANNEX U
AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY

PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY
PUBLIC OFFICER OR EMPLOYEE AND PROVIDING FOR THE
PROCEEDING THEREFOR.
Be it enacted by the Senate and House of representatives of the

Philippine in Congress assembled:
Section 1. Definition.
a. For the purpose of this Act, a “public officer or employee”

means any person holding any public office or employment by virtue of an
appointment, election or contract and any person holding any office or
employment, by appointment or contract, in any state owned or controlled
corporation or enterprise.
b. “Other legitimately acquired property” means any real or

personal property, money or securities which the respondent has at any time
acquired by inheritance and the income thereof, or by gift inter vivos before
his becoming a public officer or employee, or any property (or income thereof)
already pertaining to him when he qualified for public office or employment, or
the fruits and income of the exclusive property of the respondent’s spouse. It
shall not include:
1) Property unlawfully acquired by the respondent,

but its ownership is concealed by its being recorded in the time of, or held by,
the respondent’s spouse, ascendants, descendants, relatives, or any other
person.
2) Property unlawfully acquired by the respondent,

but transferred by him to another person or persons on or after the effectivity
of this Act.
3) Property donated to the respondent during his

incumbency, unless he can prove to the satisfaction of the court that the
donation is lawful.
Section 2. Filing of petition. – Whenever any public officer or

employee has acquired during his incumbency an amount of property which is
manifestly out of proportion to his salary as such public officer or employee
and to his other lawful income and the income from legitimately acquired
property, said property shall be presumed prima facie to have been unlawfully
acquired. The Solicitor General, upon complaint by any taxpayer to the city or
provincial fiscal who shall conduct a previous inquiry similar to preliminary
investigations in criminal cases and shall certify to the Solicitor General that
there is reasonable ground to believe that there has been committed a
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violation of this Act and the respondent is probably guilty thereof, shall file, in
the name and on behalf of the Republic of the Philippines, in the Court of First
Instance of the city or private where said public officer or employee resides or
holds office, a petition for a writ commanding said officer or employee to show
cause why the property aforesaid, or any part thereof, should not be declared
property of the State: Provided, that no such petition shall be filed within one
year before any general election or within three months before any special
election.
The resignation, dismissal, or separation of the officer or employee

from his office or employment in the Government or in the Government-owned
or controlled corporation shall not be a bar to filing of the petition: Provided,
however, that the right to file such petition shall prescribe after four years from
the date of the resignation, dismissal or separation or expiration of the term of
the officer or employee concerned, except as to those who have ceased to
hold office within ten years prior to the approval of this Act, in which case the
proceedings shall prescribe after four years from the approval thereof.
Section 3. The Petition. - The petition shall contain the following

information:
a. The name and address of the respondent.
b. The public office or employment he holds and such other

public offices or employment which he has previously held.
c. The approximate amount of property he has acquired

during his incumbency in his past and present offices and employment.
d. A description of said property, or such thereof as has

been identified by the Solicitor General
e. The total amount of his government salary and other

proper earnings and incomes from legitimately acquired property, and
f. Such other information as may enable the court to

determine whether or not the respondent has unlawfully acquired property
during his incumbency.
Section 4. Period for the answer. –The respondent shall have a

period of fifteen days within which to present his answer.
Section 5. Hearing, - The Court shall set a date for a hearing, which
may be open to the public, and during which the respondent shall be given
ample opportunity to explain to the satisfaction of the court, how he has
acquired the property in question.
Section 6. Judgment. – If the respondent is unable to show to the

satisfaction of the court that he has lawfully acquired the property in question,
then the court shall declare such property forfeited in favor of the state, and by
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virtue of such judgment the property aforesaid shall become property of the
state: Provided, that no judgment shall be rendered within three months
before any special election. The court may, in addition, refer this case to the
corresponding Executive Department for administrative or criminal action, or
both.
Section 7. Appeal. - The parties may appeal from the judgment of

the Court of First Instance as provided in the Rules of Court for appeals in civil
cases.
Section 8. Protection against self-incrimination. – Neither the

respondent nor any other person shall be excused from attending and
testifying or from producing books, papers, correspondence, memoranda, and
other records on the ground that the testimony or evidence, documentary or
otherwise, required of him may tend to incriminate him or subject him for
prosecution; but no individual shall be prosecuted criminally for or on account
of any transaction, matter or things concerning which he is compelled, after
having claimed his privilege against self- incrimination, to testify or produce
evidence, documentary or otherwise, except that such individual so testifying
shall not be exempt from prosecution and conviction for perjury or false
testimony committed in so testifying or from administrative proceedings.
Section 9. Immunity. – The Solicitor General may grant immunity

from criminal prosecution to any person who testifies to the unlawful manner
in which the respondent has acquired any of the property in question in cases
where such testimony is necessary to prove violations of this Act.
Section 10. Effect of record of title. – The fact that any real property
has been recorded in the Registry of Property or Office of the Register of
Deeds in the name of the respondent or of any person mentioned in
paragraphs (1) and (2) of subsection (b) of section one hereof shall not
prevent the rendering of the judgment referred to in section six of this Act.
Section 11. Laws of Prescription. – The laws concerning acquisitive

prescription and limitation of actions cannot be invoked by, nor shall they
benefit the respondent, in respect of any property unlawfully acquired by him.
Section 12. Penalties. – Any public officer or employee who shall,

after the effective date of this Act, transfer or covey any unlawfully acquired
property shall be repressed with imprisonment for a term not exceeding five
years, or a fine not exceeding ten thousand pesos, or both such imprisonment
and fine. The same repression shall be imposed upon any person who shall
knowingly accept such transfer or conveyance.
Section 13. Separability of provisions. – If any provision of this Act or

the application thereof to any person or circumstances is held invalid, the
remainder of the Act and the application of such provision to other persons or
circumstances shall not be affected thereby.
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Section 14. Effective date. – This Act shall take effect on its approval,
and shall apply not only to property thereafter unlawfully acquired but also to
property unlawfully acquired before the effective date of this Act.
APPROVED, June 18, 1955.
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ANNEX V
AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL

ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN AND FOR
OTHER PURPOSES.
Section 1. Title. - This Act shall be known as "The Ombudsman Act

of 1989".
Section 2. Declaration of Policy. - The State shall maintain honesty

and integrity in the public service and take positive and effective measures
against graft and corruption.
Public office is a public trust. Public officials and employees must at all
integrity, loyalty, efficiency, act with patriotism and justice, and lead modest
lives.
Section 3. Office of the Ombudsman. - The Office of the

Ombudsman shall include the Office of the Overall Deputy, the Office of the
Deputy for Luzon, the Office of the Deputy for Visayas, the Office of the
Deputy for Mindanao, the Office of the Deputy for the Armed Forces, and the
Office of the Special Prosecutor. The President may appoint other Deputies
as the necessity for it may arise, as recommended by the Ombudsman.
Section 4. Appointment. - The Ombudsman and his Deputies,

including the Special Prosecutor, shall be appointed by the President from a
list of at least twenty one (21) nominees prepared by the Judicial and Bar
Council, and from a list of three (3) nominees for each vacancy thereafter,
which shall be filled within three (3) months after it occurs, each of which list
shall be published in a newspaper of general circulation.
In the organization of the Office of the Ombudsman for filling up of

positions therein, regional, cultural or ethnic considerations shall be taken into
account to the end that the Office shall be as much as possible representative
of the regional, ethnic and cultural make-up of the Filipino nation.
Section 5. Qualifications. - The Ombudsman and his Deputies,

including the Special Prosecutor, shall be natural born citizens of the
Philippines, at least forty (40) years old, of recognized probity and
independence, members of the Philippine Bar, and must not have been
candidates for any elective national or local office in the immediately
preceding election whether regular or special. The Ombudsman must have,
for ten (10) years or more, been a judge or engaged in the practice of law in
the Philippines.
Section 6. Rank and Salary. - The Ombudsman and his Deputies

shall have the same ranks, salaries and privileges as the Chairman and
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members, respectively of a Constitutional Commission. Their salaries shall

not be decreased during their term of office.
The members of the prosecution, investigation and legal staff of the Office of
the Ombudsman shall receive salaries which shall not be less than those
given to comparable positions in any office in the Government.
Section 7. Term of Office. - The Ombudsman and his Deputies,

including the Special Prosecutor, shall serve for a term of seven (7) years
without reappointment.
Section 8. Removal/Filling of Vacancy. -
a. In accordance with the provisions of Article XI of the

Constitution, treason, bribery, graft and corruption, other high crimes, or
betrayal of public trust.
b. A Deputy, or the Special Prosecutor, may be removed

from office by the President for any of the grounds provided for the removal of
the Ombudsman, and after due process.
c. In case of vacancy in the Office of the Ombudsman due

to death, resignation, removal or permanent disability of the incumbent
Ombudsman shall have been appointed for a full term. In case the Overall
Deputy cannot assume the role of Acting Ombudsman, the President may
designate any of the deputies, or the Special Prosecutor, as Acting
Ombudsman.
d. In case of temporary absence or disability of the

Ombudsman, the Overall Deputy shall perform the duties of the Ombudsman
until the Ombudsman returns or is able to perform his duties.
Section 9. Prohibition and Disqualifications. - The Ombudsman, his

Deputies and the Special Prosecutor shall not, during their tenure, hold any
other office or employment. They shall not, during said tenure, directly or
indirectly practice any other profession, participate in any business, or be
financially interested in any contract with, or in any franchise, or special
privilege granted by the government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest in
the conduct of their office. They shall not be qualified to run for any office in
the election immediately following their cessation from office. They shall not
be allowed to appear or practice before the Ombudsman for two (2) years
following their cessation from office. No spouse or relative by consanguinity or
affinity within the fourth civil degree and no law, business or professional
partner or associate of the Ombudsman, his Deputies or Special Prosecutor
within one (1) year preceding the appointment may appear as counsel or
agent on any matter pending before the Office of the Ombudsman or transact
business directly or indirectly therewith.
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This disqualification shall apply during the tenure of the official

concerned. This disqualification likewise extends to the law, business or
professional firm for the same period.
Section 10. Disclosure of Relationship. - It shall be the duty of the

Ombudsman, his Deputies, including the Special Prosecutor to make under
oath, to the best of their knowledge and/or information, a public disclosure of
the identities of, and their relationship with the persons referred to in the
preceding section.
The disclosure shall be filed with the Office of the President and the
Office of the Ombudsman before the appointee assumes office and every
year thereafter. The disclosures made pursuant to this section shall form part
of the public records and shall be available to any person or entity upon
request.
Section 11. Structural Organization. - The authority and responsibility

for the exercise of the mandate of the Office of the Ombudsman and for the
discharge of its powers and functions shall be vested in the Ombudsman, who
shall have supervision and control of the said Office.
a. The Office of the Ombudsman may organize such

directorates for administration and allied services as may be necessary for the
effective discharge of its functions. Those appointed as directors or heads
shall have the rank and salary of line bureau directors.
b. The Office of the Overall Deputy shall oversee and

administer the operations of the different offices under the Office of the
Ombudsman. It shall likewise perform such other functions and duties
assigned to it by the Ombudsman.
c. The Office of the Special Prosecutor shall be composed

of the Special Prosecutor and his prosecution staff. The Office of the Special
Prosecutor shall be an organic component of the Office of the Ombudsman
and shall be under the supervision and control of the Ombudsman.
d. The Office of the Special Prosecutor shall, under the

supervision and control and upon the authority of the Ombudsman, have the
following powers:
1) To conduct preliminary investigation and prosecute

criminal cases within the jurisdiction of the Sandiganbayan;
2) To enter into plea bargaining agreements; and
3) To perform such other duties assigned to it by the

Ombudsman.
The Special Prosecutor shall have the rank and salary of a Deputy
Ombudsman.
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e. The position structure and staffing pattern of the Office of

the Ombudsman, including the Office of the Special Prosecutor, shall be
approved and prescribed by the Ombudsman who shall appoint all officers
and employees of the Office of the Special Prosecutor, in accordance with the
Civil Service Law, Rules and Regulations.
Section 12. Official Stations. - The Ombudsman, the Overall Deputy,

the Deputy for Luzon, and the Deputy for the Armed Forces shall hold office in
Metropolitan Manila; the Deputy for the Visayas, in Cebu City; and the Deputy
for Mindanao, in Davao City. The Ombudsman may transfer their stations
within their respective geographical regions, as public interest may require.
Section 13. Mandate. - The Ombudsman and his Deputies, as

protectors of the people, shall act promptly on complaints filed in any form or
manner against officers or employees of the government, or of any
subdivision, agency or instrumentality thereof, including government-owned or
controlled corporations, and enforce their administrative, civil and criminal
liability in every case where the evidence warrants in order to promote
efficient service by the Government to the people.
Section 14. Restrictions. - No writ of injunction shall be issued by any

court to delay an investigation being conducted by the Ombudsman under this
Act, unless there is a prima facie evidence that the subject matter of the
investigation is outside the jurisdiction of the Office of the Ombudsman.
No court shall hear any appeal or application for remedy against the
decision or findings of the Ombudsman, except the Supreme Court, on pure
question of law.
Section 15. Powers, Functions and Duties. - The Office of the

Ombudsman shall have the following powers, functions and duties:
a. Investigates and prosecutes, on its own or on complaint

by any person, any act or omission of any public officer or employee, office or
agency, when such act or omission appears to be illegal, unjust, improper or
inefficient. It has primary jurisdiction over cases cognizable by the
Sandiganbayan and, in the exercise of his primary jurisdiction; it may take
over, at any stage, from any investigatory agency of government, the
investigation of such cases;
b. Directs, upon complaint or at its own instance, any officer

or employee of the Government, or of any subdivision, agency or
instrumentality thereof, as well as any government-owned or controlled
corporations with original charter, to perform and expedite any act or duty
required by law, or to stop, prevent, and correct any abuse or impropriety in
the performance of duties;
c. Directs the officer concerned to take appropriate action

against a public officer or employee at fault or who neglects to perform an act
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or discharge a duty required by law, and recommends his removal,

suspension, demotion, fine, censure, or prosecution, and ensure compliance
therewith; or enforces its disciplinary authority as provided in Section 21of this
Act: Provided, that the refusal by any officer without just cause to comply with
an order of the Ombudsman to remove, suspend, demote, fine, censure, or
prosecute an officer or employee who is at fault or who neglects to perform an
act or discharge a duty required by law shall be a ground for disciplinary
action against said officer;
d. Directs the officer concerned, in any appropriate case,

and subject to such limitations as it may provide in its rules of procedures, to
furnish it with copies of documents relating to contracts or transactions
entered into by his office involving the disbursement or use of public funds or
properties, and reports any irregularity to the Commission on Audit for
appropriate action;
e. Requests any government agency for assistance and

information necessary in the discharge of its responsibilities, and to examine,
if necessary, pertinent records and documents;
f. Publicizes matters covered by its investigation of the

matters mentioned in paragraphs (1), (2), (3) and (4) hereof, when
circumstances so warrant and with due prudence: Provided, that the
Ombudsman under its rules and regulations may determine what cases may
not be made public: Provided further, that any publicity issued by the
Ombudsman shall be balanced, fair and true;
g. Determines the causes of inefficiency, red tape,

mismanagement, fraud, and corruption in the government and makes
recommendations for their elimination and the observance of high standards of
ethics and efficiency;
h. Administers oaths, issues subpoena and subpoena duces

tecum, and takes testimony in any investigation or inquiry, including the power
to examine and have access to bank accounts and records;
i. Punishes for contempt in accordance with the Rules of

Court and under the same procedure and with the same penalties provided
therein;
j. Delegates to the Deputies, or its investigators or

representatives such authority or duty and shall ensure the effective exercise
or performance of the powers, functions, and duties herein or hereinafter
provided;
k. Investigates and initiates the proper action for the

recovery of ill-gotten and/or unexpired wealth amassed after February 25,
1986 and the prosecution of the parties involved therein.
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The Ombudsman shall give priority to complaints filed against high

ranking government officials and/or those occupying supervisory positions,
complaints involving grave offenses as well as complaints involving large
sums of money and/or properties.
Section 16. Applicability. - The provisions of this Act shall apply to all
kinds of malfeasance, and non- feasance that have been committed by any
officer or employee as mentioned in Section 13 hereof, during his tenure of
office.
Section 17. Immunities. - In all hearings, inquiries, and proceedings of

the Ombudsman, including preliminary investigations offenses, no person
subpoenaed to testify as a witness shall be excused from attending and
testifying or from producing books, papers, correspondence, memoranda
and/or other records on the ground that the testimony or evidence,
documentary or otherwise, required of him, may tend to incriminate him or
subject him to prosecution: Provided, that no person shall be prosecuted
criminally for or on account of any matter concerning which he is compelled,
after having claimed the privilege against self-incrimination, to testify and
produce evidence, documentary or otherwise.
Under such terms and conditions as it may determine taking into

account the pertinent provisions of the Rules of Court, the Ombudsman may
grant immunity from criminal prosecution to any person whose possession
and production of documents or other evidence may be necessary to
determine the truth in any hearing, inquiry or proceeding being conducted by
the Ombudsman or under its authority, in the performance or in the
furtherance of its constitutional functions and statutory objectives. The
immunity granted under this and the immediately preceding paragraph shall
not exempt the witness from criminal prosecution for perjury or false testimony
nor shall he be exempt from demotion or removal from office.
Any refusal to appear or testify pursuant to the aforecited provisions

shall be subject to punishment for contempt and removal of the immunity from
criminal prosecution.
Section 18. Rules of Procedure. -
a. The Office of the Ombudsman shall promulgate its rules

of procedure for the effective exercise or performance of its powers, functions,
and duties.
b. The rules of procedure shall include a provision whereby

the Rules of Court are made suppletory.
c. The rules shall take effect after fifteen days following the
completion of their publication in the Official Gazette or in three (3)
newspapers of general circulation in the Philippines, one of which is printed in
the national language.
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Section 19. Administrative Complaints. - The Ombudsman shall act

on all complaints relating, but not limited to acts or omissions which are:
a. contrary to law or regulation;
b. unreasonable, unfair, oppressive or discriminatory;
c. inconsistent with the general course of an agency's

functions, though in accordance with law;
d. proceed from a mistake of law or an arbitrary

ascertainment of facts;
e. in the exercise of discretionary powers but for an

improper purpose;
f. otherwise, irregular, immoral or devoid of justification.
Section 20. Exceptions. - The Office of the Ombudsman may not

conduct the necessary investigation of any administrative act or omission
complained of, if it believes that:
a. The complainant has a adequate remedy in another

judicial or quasi-judicial body;
b. The complaint pertains to a matter outside the jurisdiction

of the Office of the Ombudsman;
c. The complaint is trivial, frivolous, vexatious or made in

bad faith;
d. The complaint has no sufficient personal interest in the

subject matter of the grievance; or
e. The complaint was filed after one year from the

occurrence of the act or omission complained of.
Section 21. Officials Subject to Disciplinary Authority; Exceptions. -

The Office of the Ombudsman shall have disciplinary authority over all
elective and appointive officials of the Government and its subdivisions,
instrumentalities and agencies, including Members of the Cabinet, local
government, government-owned or controlled corporations and their
subsidiaries, except over officials who may be removed only by impeachment
or over Members of Congress, and the Judiciary.
Section 22. Investigatory Power. - The Office of the Ombudsman

shall have the power to investigate any serious misconduct in office allegedly
committed by officials removable by impeachment, for the purpose of filing a
verified complaint for impeachment, if warranted.
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In all cases of conspiracy between an officer or employee of the

government and a private person, the Ombudsman and his Deputies shall
have jurisdiction to include such private person in the investigation and
proceed against such private person as the evidence may warrant. The officer
or employee and the private person shall be tried jointly and shall be subject
to the same penalties and liabilities.
Section 23. Formal Investigation. -

a. Administrative investigations conducted by the Office of
the Ombudsman shall be in accordance with its rules of procedure and
consistent with due process.
b. At its option, the Office of the Ombudsman may refer

certain complaints to the proper disciplinary authority for the institution of
appropriate administrative proceedings against erring public officers or
employees, which shall be terminated within the period prescribed in the civil
service law. Any delay without just cause in acting on any referral made by
the Office of the Ombudsman shall be a ground for administrative action
against the officers or employees to whom such referrals are addressed and
shall constitute a graft offense punishable by a fine of not exceeding five
thousand pesos (P5,000.00).
c. In any investigation under this Act, the Ombudsman

may:
1) enter and inspect the premises of any office,

agency, commission or tribunal;
2) examine and have access to any book, record, file

document or paper; and
3) hold private hearings with both the complaining

individual and the official concerned.
Section 24. Preventive Suspension. - The Ombudsman or his Deputy

may preventively suspend any officer or employee under his authority pending
an investigation: (a) if in his judgment the evidence of guilt is strong, and (b)
the charge against such officer or employee involves dishonesty, oppression
or grave misconduct or neglect in the performance of duty; (c) the charges
would warrant removal from the service; or (d) the respondent's continued
stay in office may prejudice the case filed against him.
The preventive suspension shall continue until the case is terminated

by the Office of the Ombudsman but not more than six months, without pay,
except when the delay in the disposition of the case by the Office of the
Ombudsman is due to the fault, negligence or petition of the respondent, in
which case the period of such delay shall not be counted in computing the
period of suspension herein provided.
Section 25. Penalties.
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a. In administrative proceedings under Presidential Decree

No. 807, the penalties and rules provided therein shall be applied.
b. In other administrative proceedings, the penalty ranging

from suspension without pay for one year to dismissal with forfeiture of
benefits or a fine ranging from five thousand pesos (Php 5, 000.00) to twice
the amount malversed, illegally taken or lost, or both at the discretion of the
Ombudsman, taking into consideration circumstances that mitigate or
aggravate the liability of the officer or employee found guilty of the complaint
or charges.
Section 26. Inquiries.
a. The Office of the Ombudsman shall inquire into acts or

omissions of a public officer, employee, office or agency which, from the
reports or complaints it has received, the Ombudsman or his Deputies
consider to be:
1) contrary to law or regulation;
2) unreasonable, unfair, oppressive, irregular or

inconsistent with the general course of the operations and functions of a
public officer, employee, office or agency;
3) an error in the application or interpretation of law,

rules or regulations, or a gross or palpable error in the appreciation of facts;
4) based on improper motives or corrupt

considerations;
5) unclear or inadequately explained when reasons

should have been revealed; or
6) inefficiently performed or otherwise objectionable.
b. The Office of the Ombudsman shall receive complaints

from any source, in whatever form, concerning an official act or omission. It
shall act on the complaint immediately, and if it finds the same entirely
baseless, it shall dismiss the same and inform the complainant of such
dismissal citing the reasons therefore. If it finds a reasonable ground to
investigate further, it shall first furnish the respondent public officer or
employee with a summary of the complaint and require him to submit a written
answer within seventy-two hours from receipt thereof. If the answer is found
satisfactory, it shall dismiss the case.
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ANNEX W
Republic of the Philippines
Congress of the Philippines
Metro Manila
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July,
nineteen hundred and eighty-eight.
(Republic Act No. 6713)
AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL

STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD
THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC
TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY
SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER
PURPOSES.
Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:
Section 1. Title. This Act shall be known as the “Code of Conduct

and Ethical Standards for Public Officials and Employees.”
Section 2. Declaration of Policy. – It is the policy of the state to

promote a high standard of ethics in public service. Public officials and
employees shall at all times be accountable to the Filipino people and
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 3. Definition of Terms – As used in this act, the term:
a. “Government” includes the National Government, the

local governments, and all other instrumentalities, agencies or branches of the
Republic of the Philippines including Government-owned or controlled
corporations and their subsidiaries.
b. “Public Officials” include 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.
c. “Gift” refers to thing or a right disposed of gratuitously, or

any act of 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 of a favor from public official or employee.
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d. “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.
e. “Loan” covers simple loan and commodatum as well as

guarantees, financing arrangements or accommodations intended to insure its
approval.
f. “Substantial stockholder” means any person who owns,

directly or indirectly, shares of stocks sufficient to elect a director of a
corporation. This term shall also refer to the parties to a voting trust.
g. “Family of public officials or employees” means their

spouses and unmarried children under eighteen (18) years of age.
h. “Person” includes natural and juridical persons unless

the context indicates otherwise.
i. “Conflict of interest” arises when a public official or

employee is a member of the board, an officer, or a substantial stockholder of
private corporation or owner or has a substantial interest in a business, and
the interest of such corporation or business, or his right or duties therein,
maybe opposed to or affected by the faithful performance of official duty.
j. “Divestment” is the transfer of title or disposal of interest

in property by voluntarily, completely and actually depriving or dispossessing
oneself of his right or title to it in favor of a person or persons other than his
spouse and relatives as defined in this Act.
k. “Relatives” refer to any and all persons related to a

public official or employee within the fourth civil degree of consanguinity or
affinity, including bilas, inso and balae.
Section 4. Norms of Conduct of Public Officials and Employees. –

(A) Every public official and employees shall observe the following as
standards of personal conduct in the discharge and execution of official
duties:
a. Commitment to public interest. – Public officials and

employees shall always uphold the public interest over and above personal
interest. All Government resources and powers of their respective offices
must be employed and used efficiently, effectively, honestly and economically,
particularly to avoid wastage in public funds and revenues.
b. Professionalism. – Public official and employees shall

perform and discharged their duties with highest degree of excellence,
professionalism, intelligence and skill. They shall enter public service with
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utmost devotion and dedication to duty. They shall endeavor to discourage

wrong perceptions of their roles as dispensers or peddlers of undue
patronage.
c. Justness and sincerity. – 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 times respect the rights of the others,
and shall refrain from doing acts contrary to law, good morals, good customs,
public policy, public order, public safety and public interest. They shall not
dispense or extend undue favors on accounts of their office to their relatives
whether by consanguinity or affinity except with respect to appointments of
such relatives to positions considered strictly confidential or as members of
their personal staff whose terms are co-terminus with theirs.
d. Political neutrality. - Public officials and employees shall

provide service to everyone without unfair discrimination and regardless of
party affiliation or preference.
e. Responsiveness to the public. – Public officials and

employees shall extend prompt, courteous, and adequate service to the
public. Unless otherwise provided by law or when required by the public
interest, public officials and employees shall provide information on their
policies and procedures in clear and understandable language, ensure
openness of information, public consultation and hearing whenever
appropriate, encourage suggestions, simplify and systematize policies, rules
and procedures, avoid red tape and develop an understanding and
appreciation of the socio-economic conditions prevailing in the country,
especially in the depressed rural and urban areas.
f. Nationalism and patriotism. – Public officials and

employees shall at all times be loyal to the Republic and to the Filipino
people, promote the use of locally-produced goods, resources and technology
and encourage appreciation and pride of country and people. They shall
endeavor to maintain and defend Philippines sovereignty against foreign
intrusion.
g. Commitment to democracy. – Public officials and

employees shall commit themselves to the democratic way of life and values,
maintain the principle of public accountability, and manifest by deed the
supremacy of civilian authority over the military. They shall at all times uphold
the constitution and put loyalty to the country above loyalty to person or party.
h. Simple living. - Public official and employees and their

families shall lead modest lives appropriate to their positions and income.
They shall not indulge in extravagant or ostentatious display of wealth in any
form.
The Civil Service Commission shall adopt positive measures to

promote: (1) observance of this standards including the dissemination of
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information programs and workshops authorizing merit increases beyond

regular progression steps, to a limited number of employees recognized by
their office colleagues to be outstanding in their observance of ethical
standards ; and (2) continuing research and experimentation on measures
which provide positive motivation to public officials and employees in raising
the general level of observance of these standards.
Section 5. Duties of the Public Official and employees. - In the

performance of their duties, all public officials and employees are under
obligation to:
a. Act promptly on letters and requests.- All public officials

and employees shall, within fifteen (15) working days from receipt thereof,
respond to letters, telegrams or other means of communications sent by the
public. The reply must contain the action taken on the request.
b. Submit annual performance reports. - All heads or other

responsible officers of offices and agencies of the government and
government-owned or controlled corporations shall, within forty-five (45)
working days from the end of the year, render a performance report of the
agency or office or corporation concerned. Such report shall be open and
available to the public within regular office hours.
c. Process documents and papers expeditiously - All official

papers and documents must be processed and completed within reasonable
time from the preparation thereof and must contain, as far as practicable, not
more than three (3) signatories therein. In the absence of duly authorized
signatories, the official next-in-rank or officer-in-charge shall sign for and in
their behalf.
d. Act immediately on the public’s personal transactions. -

All public officials and employees shall attend to anyone who wants to avail
himself of the services of their offices and must, at all times, act promptly and
expeditiously.
e. Make documents accessible to the public - All public

documents must be made accessible and readily available for inspection by
the public within reasonable working hours.
Section 6. System of incentives and rewards. - A system of annual

incentives and rewards is hereby established in order to motivate and inspire
public servants to uphold the highest standards of ethics. For this purpose, a
committee on Awards to Outstanding Public Officials and Employees is
hereby created composed of the following: the Ombudsman and Chairman of
the Civil Service Commission as Co- Chairmen, and the Chairman of the
Commission on Audit and two (2) government employees to be appointed by
the President, as members.
It shall be the task of this committee to conduct a periodic, continuing

review of the performance of public officials and employees, in all the
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branches and agencies of Government and establish a system of annual

incentives and rewards to the end that due recognition is given to public
officials and employees of outstanding merit on the basis of the standards set
forth in this Act.
The conferment of awards shall take into account, among other thing,
the following: the years of service and the quality and consistency of the
position, the level of salary, the unique and exemplary quality of a certain
achievement, and the risks or temptations inherent in the work. Incentives and
rewards to government official and employees of the year to be announced in
public ceremonies honoring them may take the form of bonuses, citations,
directorships grants, paid vacations, and the like. They shall likewise be
automatically promoted to the next higher position with the commensurate
salary suitable to their qualifications. In case there is no next higher position
or it is not vacant, said position shall be included in the budget of the office in
the next General Appropriation Act. The Committee on Awards shall adopt its
own rules to govern the conduct of its activities.
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 employee and are hereby declared to be
unlawful;
a. Financial and material interest - Public official and

employees shall not directly or indirectly, have any financial or material
interest in any transaction requiring the approval of their office.
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 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 offices, except in the
case of subparagraph (b) (2) above, but the person 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.
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c. Disclosure and/or misuse of confidential information. -

Public official and employees 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.
d. Solicitation or acceptance of gifts. - Public officials and

employees shall not solicit or accept, directly or indirectly, any gift, gratuity,
favor, entertainment, loan or anything of monetary value from any person in
the course of their official duties or in connection with any operation being
regulated by, or any transaction which may be affected by the functions of
their office.
As to gifts or grants from foreign government, the Congress consents

to –
1) The acceptance and retention by a public official or

employee of a gift of nominal value tendered and received as a souvenir
or mark of courtesy;
2) The acceptance by a public official or employee of

a gift in the nature of scholarship or fellowship grant or medical treatment;
or
3) The acceptance by a public official or employee of

travel grants or expenses for travel taking place entirely outside the
Philippines (such as allowances, transportation, food and lodging) of more
than nominal value, if such acceptance is appropriate or consistent with
the interests of the Philippines, and permitted by the head of office,
branch of agency to which he belongs.
The Ombudsman shall prescribe such regulation as may be necessary

to carry out true purpose of this subsection, including pertinent reporting and
disclosure requirements.
Nothing in this Act shall be construed to restrict or prohibit any

educational, scientific or cultural exchange programs to national security
requirements.
Section 8. Statement and Disclosure. – Public officials and

employees have an obligation to accomplish and submit declarations under
oath of, and the public has the right to know their assets, liabilities, net worth
and financial business interest and financial connections and those of their
spouses and unmarried children under eighteen (18) years of age living in
their households.
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a. Statement of Assets and Liabilities and Financial

Disclosure – All public officials and employees, except those who serve in an
honorary capacity, laborers and casual or temporary workers, shall file under
oath their Statement of Assets, Liabilities and Net worth and a Disclosure of
Business Interest and Financial Connections and those of their spouses and
unmarried children under eighteen (18) years of living in their households.
The two documents shall contain information on the following:
1) Real property, its improvements, acquisition costs,

assessed value and current fair market value;
2) Personal property and acquisition cost;
3) All other assets such as investment, cash on hand

or in banks, stocks, bonds and the like;
4) Liabilities; and
5) All business interest and financial connections.
The documents must be filed:
1) within thirty (30) days after assumption of office;
2) on or before April 30, of every year thereafter; and
3) within thirty (30) days after separation from the

service from the svc.
All public officials and employees required under this section to file the
aforestated documents shall also execute, within thirty (30) days from the date
of their assumption of the office, the necessary authority in favor of the
Ombudsman to obtain from all appropriate government agencies, including
the Bureau of Internal Revenue , such documents as may show their assets,
liabilities, net worth, and also their business interest and financial connections
in previous years, including, if possible, the year when they first assumed any
office in the government.
Husband and wife who are either public officials or employees may file
the required statements jointly or separately.
The Statements of Assets, Liabilities and Net worth and the Disclosure
of Business Interest and Financial Connections shall be filed by:
1) Constitutional and National elective officials, with

the national office of the Ombudsman;
2) Senators and Congressman, with the Secretaries

of the Senate and the House of Representative, respectively; Justices, with
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the Clerk of Court of the Supreme Court; Judges, with the Court
Administrator; and all national executive officials with the Office of the
President;
3) Regional and local officials and employees, with

the Deputy Ombudsman in their respective regions;
4) Officers in the Armed Forces from the rank of

Colonel or Naval Captain, with the Office of the President, and those lower of
the said ranks, with the Deputy Ombudsman in their respective regions, and
5) All other public officials and employees, defined in

Republic Act No. 3019, as amended, with the Civil Service commission.
b. Identification and disclosure of relatives. - It shall be the

duty of every public officials or employee to identify and disclose, to the best
of his knowledge and information, his relatives in the Government in the form,
manner and frequency prescribed by the Civil Service Commission.
c. Accessibility of documents.
1) Any and all statements filed under this Act, shall

be made available for inspection at reasonable hours.
2) Such statements shall be made available for

copying or reproduction, after (10) working days from the time they are filed
as required by law.
3) Any person requesting a copy of statement shall

be required to pay a reasonable fee to cover the cost of reproduction and
mailing of such as statement, as well as the cost of certification.
4) Any statement filed under this Act shall be

available to the public for a period of ten (10) years after receipt of the
statement. After such period, the statement may be destroyed unless needed
in an ongoing investigation.
d. Prohibited Acts. –It shall be unlawful for any person to

obtain or use any statement filed under this Act for:
1) Any purpose contrary to moral or public policy; or
2) Any commercial purpose other than by news and

communications media for dissemination to the general public
Section 9. Divestment. – A public official or employee shall avoid

conflicts of interest at all times. When a conflict of interest arises, he shall
resign from his position in any private business enterprise within thirty (30)
days from his assumption of office and/or divest himself of his shareholding or
interest within (60) days from such assumption.
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The same rule shall apply where the public official or employee is a
partner in a partnership.
The requirement of divestment shall not apply to those who serve the
Government in an honorary capacity or to laborers and casual or temporary
workers.
Section 10. Review and Compliance Procedure. –
a. The designated Committees of both Houses of the

Congress shall establish procedures for the review of statements to determine
whether said statements have been submitted on time are complete and are
in proper form. In the event a determination is made that a statement is not
filed, the appropriate Committee shall inform the reporting individual and
direct him to take the necessary corrective action.
b. In order to carry out their responsibilities under this Act,

the designated Committees of both Houses of the Congress shall have the
power, within their respective jurisdictions, to render any opinion interpreting
this Act, in writing, to persons covered by this Act, subject in each instance to
the approval by affirmative vote of the majority of the particular House
concerned.
c. The individual to whom an opinion is rendered and any

other individual involved in a similar factual situation, and who, after issuance
of the opinion acts in good faith in accordance with it shall not be subject to
any sanction provided in this Act.
d. The heads of other offices shall perform the duties stated

in subsections (a) and (b) hereof insofar as their respective offices are
concerned, subject to approval of the Secretary of Justice, in the case of the
Executive Department and the Chief Justice of Supreme Court, in the case of
the Judicial Department.
Section 11. Penalties.
a. Any public official or employee, regardless of whether or

not he holds office or employment in a casual temporary, holdover, permanent
or regular capacity, committing any violation of this Act shall be punished with
a fine not exceeding the equivalent of six (6) months salary or suspension not
exceeding one (1) year, or removal depending on the gravity of the offense
after due notice and hearing by the appropriate body or agency. If the
violation is punishable by a heavier penalty under another law, he shall be
prosecuted under the latter statute. Violation of Sec 7, 8, or 9 of this Act shall
be punishable with imprisonment not exceeding five (5) years, or a fine not
exceeding five thousand pesos(P5,000.00), or both, and, in the discretion of
the court of competent jurisdiction, disqualification to hold public office.
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b. Any violation hereof proven in a proper administrative

official or employee, even if no criminal prosecution is instituted against him.
c. Private individuals who participate in conspiracy as co-

principals, accomplices or accessories, with public official or employee, in
violation of this Act, shall be subject to the same penal liabilities as the public
officials or employees and shall be tried jointly with them.
d. The official or employee concerned may bring an action

against any person who obtains or uses a report for any purpose prohibited by
Section 8 (D) of this Act. The Court in which such action is brought may
assess against such person or penalty in any amount not to exceed twenty
five thousand pesos (P25, 000.00). If another sanction hereunder or under
any law is heavier, the latter shall apply.
Section 12. Promulgation of Rules and Regulations, Administration

and Enforcement of this Act. – The Civil Service Commission shall have the
primary responsibility for the administration and enforcement of this act. It
shall transmit all cases for prosecution arising from violation of this Act to the
proper authorities for appropriate action: Provided, however, that it may
institute such administrative actions and disciplinary measures as may be
warranted in accordance with law. Nothing in this provision shall be construed
as a deprivation of the right of each House of Congress to discipline each
member for disorderly behavior.
The Civil Service Commission is hereby authorized to promulgate rules

and regulations necessary to carry out the provisions of this Act, including
guidelines for individuals who render free voluntary service to the
Government. The Ombudsman shall likewise take steps to protect citizens
who denounced acts or omissions of public officials and employees which are
in violation of this Act.
Section 13. Provisions for More Stringent Standards. – Nothing in this

Act shall be construed to derogate from any law, or any regulations prescribed
by any body or agency, which provides for more stringent standards for its
officials and employees.
Section 14. Appropriations. – The sum necessary for the effective

implementation of this Act shall be taken from the appropriations of the Civil
Service Commission. Thereafter, such sum as may needed for its continued
implementation shall be included in the annual General Appropriations Act.
Section 15. Separability Clause. - If any provision of this Act or the

application of such provision to any person or circumstance is declared
invalid, the remainder of the Act or the application of such provision to other
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Section 16. Repealing Clause. – All laws, decrees and orders or parts
thereof inconsistent herewith are deemed repealed or modified accordingly,
unless the same provide for heavier penalty.
Section 17. Effectivity. - This Act shall take effect after thirty (30) days
following the completion of its publication in the Official Gazette or in two (2)
national newspaper of general circulation.
Approved,
(SGD) RAMON V MITRA (SGD) JOVITO R

SALONGA
Speaker of the House President of the Senate
of Representatives
This Act which is a consolidation of Senate Bill No. 139 and House Bill
No. 12069 was finally passed by the Senate and the House of representative
on Oct 21, 1988 and February 1, 1989, respectively.
(SGD) QUIRINO D ABAD SANTOS JR (SGD) EDWIN P ACOBA

Secretary of the House of Secretary of the Senate
Representatives
Approved: February 20, 1989
(SGD) CORAZON C AQUINO

President of the Philippines
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ANNEX Z7
SALN FORMS
(1994, Revised 2012, AD/BD and Revised 2004)
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SWORN STATEMENT OF ASSETS, LIABILITIES, AND NET WORTH
DISCLOSURE OF BUSINESS INTERESTS AND FINANCIAL CONNECTIONS
AND IDENTIFICATION OF RELATIVES IN THE GOVERNMENT SERVICE (Required by R.A. No.
6713)
As of __________________ (Baseline Declaration)
Note: Please write your responses in ALL CAPITAL letters usi ng ONLY BALL PE N to avoid blotting.
A. DEC LARANT’S PERSONAL INFORMATION AND EMPLOYMENT
*For Joint filing, make 2 entries for Name, Position, Declarant’s Annual Gross Salary, Name of Agency, and Office Address
*Annual Gross Salary refers to ALL amounts received by declarant from Government service
Last Name First Name Middle Name
Home Address Position Declarant’s Annual Gross

Salary
* Annual Gross Family Income refers to income of declarant, spouse, and declarant’s children below 18 years of age living in declarant’s
household
Name of Agency/Office Office Address Annual Gross Family
Income
I a m married. I am not married. I have no children below 18 years of age living in my

household.
Spouse Information:
Name: __________________________ Position: _______________________ Company:
____________________________
Children of Declarant Below 18 Years of Age Living in Date of Birth

Household of Declarant (Use additional sheet if
necessary)
B. ASSETS, LIABILITIES, AND NET WORTH

Instruction for all assets: Declare assets whether the declarant/spouse/child is the legal
owner (name appearing on the instrument of title) or the beneficial owner (property is in the
name of another person but ownership pertains to declarant/spouse/child, under a trust
arrangement).
1. Rea l Prope rties and Vehicles of Decla rant/Spouse/Decla rant’s Children Below 18
Years of Age Living in the House hold of Declara nt, rega rdless of amount (Use
additiona l sheet if necessary)
I have no real properties to declare owned by me/ my spouse/my children below 18 years of age living in
my household
I have no vehicles to declare own ed by me/my spouse/my children below 18 years of age living in my
household
Kind of Real Location of Real Estimated Asse ssed
Property/ Property/ Acqui si tion Fair Market Value (Php)
Cert No. and Value (Php)
Type of Vehicle Place of Reg of Mode Year Cost (Php) (Not Applicable to
and plate no. Vehicle Vehicles)
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Total:
2. Investments, Other Pe rsona l Properties, and Liabilities of

Decla rant/Spouse/Decla rant’s Children Below 18 Years of Age Living in the
Household of Decla rant
I have no investmen ts to declare owned by me/my spouse/my children below 18 years of age living in
my household
I have no personal properties to declare own ed by me/my spouse/my children below 18 yrs of age living
in my household
I have no liabilities to declare pertaining to me/my spouse/my children below 18 years of age living in
my household
Instructions: Declare each Asset Item (Investment and Other Personal Property) with a fair mark et value of
Php50,000 or more as of the date of declaration, even if the same was acquired at no cost or at less cost. Declare
each Liability Item with an outstanding balance of Php50,000 or more as of the date of declaration. Items with less
value may be declared in lump sum as “Others.” However, if “Others” amounts to more than Php 100,000, each
item must be listed. Put a check mark on the items to be declared, and mak e the corresponding entry for the actual
Acquisition Cost or Outstanding Balance, as applicable.
B.2.1 Inve stment Item Acqui si tion Cost B.2.1 Inve stment Item Acqui si tion Cost
Stocks (equity paid) Pre-need plans
(premiums pd)
Bonds Time deposits
Mutual funds Money mark et
placements
Trust funds Equity in partnerships
Private insurance (premiums Options
pd)
Educational plans Others
(premiums pd)
Total Php:
B.2.2 Other Personal Property Acqui si tion Cost B.2.3 Liability Outstanding
Balance
Cash on hand/Bank Personal loans
accounts
Receivables Bank loans
Deposits/advanced Accounts payables
payments on leases/rentals
Furniture, antiques GSIS, PAGIBIG loans
Jewelry Mortgage payables
Equity in installment Surety liabilities
purchases
Intellectual properties Guaranty liabilities
Others Judgment debts
Loans from other
institutions
Others
Total Php: Total Php:
3. Net Worth: Decla rant/Spouse/Decla rant’s Children Below 18 Yea rs of Age in

Decla rant’s Household
1
Reference Section Net Worth At Hi storical Value (Php)
B1 Total Real Properties and Motor
Vehicles
B2.1 add: Total Investments
B2.2 Total Other Personal
Properties
B2.3 deduct: Total Liabilities
Total Php:
1
Acquisition costs of Real Properties and Vehicles, and Investments and Other Personal Properties; less total outstanding balance of
Liabilities
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C. BUSINESS INTERESTS AND F INANC IAL CONNEC TIONS OF
DECLARANT/SPOUSE/DEC LARANT’S CHILDREN BELOW 18 YEARS OF AGE LIVING IN
THE HOUSEHOLD OF DECLARANT
(USE ADDITIONAL SHEET IF NECESSARY)
Instruction: Declare each item which generates gross annual receipts of Php 50,000 or more. Items with less
value may be declared in lump sum as “Others”. However, if “Others” amounts to more than Php 100,000, each
item must be listed
I have no business interests and financial connections to declare pertaining to me/my spouse/my children
below 18 years of age living in my household.
Declarant, Spouse, or Name of Entity Address Nature of Business Date of
Child (Put Name) Interest/Financial Acquisiti
Connection on/
Connecti
on
D. DECLARANT’S RELATIVES IN THE GOVERNMENT (USE ADDITIONAL SHEET IF

NECESSARY)
th
Instruction: Up to the 4 civil degree of relationship, either of consanguinity or affinity, including bilas, inso and
balae
I don’t know of any relatives in Govern ment.
Name of Relative Relationship Position Office/Address
E. STATEMENT
I hereby certify to the best of my knowledge and information that these are complete and true statements of my
assets, liabilities, net worth, business interests, and financial connections, including those of my spouse and my children
below 18 years of age living in my household, and the names of my relatives in the Government, as of
______________________________, as required by and in accordance with Republic Act No. 6713. I further certify that
no assets, liab ilities, business interests, financial connections, and relatives in the Government other than those declared
herein are known to me, my spouse, and my children below 18 years of age living in my household.
I hereby authorize the Ombudsman or his duly authorized representative to obtain and secure from all
appropriate government agencies, including the Bureau of Internal Revenue, such documents that may show such assets,
liabilities, net worth, business interests, and financial connections, including those of my spouse and my children below 18
years of age living in my household, covering previous years, including the year I first assumed office in Government.
I further undertake to produce all supporting documents for each of the entries herein made when required.
Declarant’s Signature: _____________________________________________ Date ________________ TIN:

______________________
Community Ta x Cert No: ___________________________ Issued In: ___________________________ Issued On:
__________________
In case of joint filing:
Spouse’s Signature: ___________________________________________ Date __________________ TIN:
________________________
Community Tax Cert No: ___________________________ Issued In: _________________________ Issued On:
____________________
SUBSCRIBED AND SWORN TO before me on this _______________day of
_________________________________, 20______, affiant(s) exhibiting his/her/their Community Tax Certificate(s) as
indicated above.
______________________________
(Person Administering
Oath)
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Revised Form 24 Dec 04
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SWORN STATEMENT OF ASSETS AND LIABILITIES AND NET WORTH
DISCLOSURE OF BUSINESS INTERESTS AND FINANCIAL
CONNECTIONS, AND
IDENTIFICATION OF RELATIVE IN THE GOVERNMENT SERVICE
As of _______________
(required by R.A. No. 6713)
NAME: __________________________________________________
Surname/First Name/MI (Rank/Serial No./Br of Svc)
Date of Birth: _____________________________________________
Address: _________________________________________________
Date of Appointment/CAD/Enlistment: __________________________
Office Address: ____________________________________________
Position Designation: _______________________________________
Spouse’s Name: ___________________________________________
(Surname/First Name/M.I.)
Occupation: ______________________________________________
Unmarried Children Below 18 Years of age:
A. ASSETS, LIABILITIES AND NET WORTH

1. Personal Properties
Total P ___________
2. Real Properties
Total Php __________

TOTAL ASSETS (Personal & Real) P __________
B. LIABILITIES
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TOTAL Php ______________
NET WORTH: Total Assets (A1 + A2 Less Total Liabilities (2) Php ________
3. My family income and other sources of funds composed of salary, allowance,

bonus, dividend, sale/rental of property, inheritance financial aid, donation, etc., including
those of my spouse and children below 18 years during the calendar year this statement is
filed are as follows:
Total Income Php _____________
4. The income tax paid during the preceding calendar year to include income tax
withheld for the current calendar year for which this statement is made amounted to Php
________________.
5. My/our personal/family expenses composed of food, clothing, schooling, medical, entertainment, insurance, interest
paid on loans, educational plans, electric al/water bills, rentals, other taxes, etc, amounted to Php __________________.
DISCLOSURE OF BUSINESS INTEREST AND FINANCIAL CONNECTIONS:
My business interest and financial connections including those of your spouse and
unmarried children below 18 year of age living in your household are the following:
C. IDENTIFICATION OF RELATIVES IN THE GOVERNMENT SERVICE
My relative within the fourth degree of consanguinity or affinity who are working in
the government are as follows:
I am making this statement in compliance with RA 6713, I am (Check appropriate

statement):
_________ a. a new member/employee of the AFP.
____/ ____ b. already a member/employee of the AFP.
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_________ c. leaving the service.
I hereby certify to the best of my knowledge and information that these are true
statements of my assets, liabilities net worth, business interest, and financial connections,
including those of my spouse and unmarried children below 18 years of age and names of
my relatives in the government as of December 31, 2006 as required in accordance with
Republic Act 6713.
______________________________
(Signature Over Printed Name)
Date____________________
TIN______________________________________
Community Tax Cert. No._____________________
Issued at __________________________________
Issued On_________________________________
SUBSCRIBED AND SWORN TO before me this _______ day of _____________ 20

_____, affiant exhibiting to me his/her Community Tax Certificate as indicated above.
_________________________
(Person Administering Oath)
___________________________
(Duty & Unit Assignment)
INSTRUCTIONS
WHO SHALL FILE?
All public officials and employees, except those who serve in an honorary capacity,
laborers, and casual or temporary workers, shall file under oath their SALN and a DBIFC
and those of their spouses and unmarried children under eighteen (18) years of age living
in their households.
WHEN TO FILE?
1. Within thirty (30) days after assumption of office, statements of which must be
reckoned as of his first day of service.
2. On or before April 30 of every year thereafter, statements of which must be

reckoned as of end of the preceding year, or,
3. Within thirty (30) days after separation from the service, statement of which
must be reckoned as of his last day of office.
(Note: Copy intended for the Office of the President and Ombudsman shall be filed
at OESPA, AFP Camp Gen Emilio Aguinaldo, Quezon City for consolidation)
WHERE ARE SALN AND DBIFC FILED?
1. Office of the President (Original copy) – Colonel/Captain and above.
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2. Office of the Deputy Ombudsman for the MOLEO (Original copy)-All Officers,
EP & regular CE
3. OESPA, AFP (Original copy) – All Officers, EP, and permanent CE
4. OESPA Maj Service (Original copy) – All Officers, EP, and permanent CE
5. Maj Service Field Units (if any) (Original copy) – (Area Commands, PA
Divisions/Regiments & their equivalent in the PAF & PN – All Officers, EP & permanent CE
6. Personal File (Original copy)
(Note: Copy intended for the OP and Ombudsman shall be filed at OESPA, AFP Camp
Aguinaldo, Quezon City for consolidation).
WHAT ARE THE PENALTIES FOR NON-FILING OF SALN AND DBIFC?
Under Section 11 of RA 6713, imprisonment not exceeding five (5) years, or a fine
not exceeding Five Thousand Pesos (Php 5, 000.00), or both, and, in the discretion of court
of competent jurisdiction, disqualification to hold public office.
DEFINITION OF TERMS
Improvements - connote valuable additions or betterments on properties which enhance

their value.
Assessed Value - the value placed on a property by the assessor for tax purposes.
Fair Market Value - the fair value of a property as between one who desires to purchase
and one who desires to sell.
Family Relations - include the spouse or relatives by consanguinity or affinity in the third
civil degree.
Mode of Acquisition - manner by which the property is acquired, eg: cash purchase,
purchase by installments, inheritance, donations, gift, etc.
Acquisition Cost - the amount paid for the purchase of the property; for properties
purchased on installment basis, the principal amount of obligation based on the purchase
agreement.
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ANNEX Y
Delegation of Authority
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ANNEX Z-AAR Form 3
FORMAT OF MONTHLY AFTER-ACTIVITY REPORT ON OESPA MATTERS (SALN)
(To be adopted by all MSUs/PAMUs)
Bde/Bn/Company Levels
Example: 7ID, PA
OESPA, PA REQUIREMENTS ON SALN BRIGADES MANEUVER BATTALIONS CS UNITS CSS Units DRCs/Coys Total
(SOP#1 dtd 09 JAN14)) 701 702 703 69IB 84IB 71IB 56IB 548IB 3Mech 24IB 81IB MIB CMO Bn HHsBn SSBn DTC 71 72 73
1. SALN Submission Ex.
50/8
0
2. Nr of Unit’s Cmdr who did
not submit SALN Form 1,1a, 2
&3 on target date.
3. Nr of Pers who failed to
submit SALN on target date.
4. Nr of Pers Misdeclare
info in SALN
5. Nr. SALN Lecture

Ad vocacy
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ANNEX Z1
REPUBLIC ACT No. 7080
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
Section 1. Definition of Terms - As used in this Act, the term:
a. Public Officer means any person holding any public office in

the Government of the Republic of the Philippines by virtue of an appointment,
election or contract.
b. Government includes the National Government, and any of

its subdivisions, agencies or instrumentalities, including government-owned or -
controlled corporations and their subsidiaries.
c. Person includes any natural or juridical person, unless the

context indicates otherwise.
d. Ill-gotten wealth means any asset, property, business

enterprise or material possession of any person within the purview of Section
Two (2) hereof, acquired by him directly or indirectly through dummies,
nominees, agents, subordinates and/or business associates by any combination
or series of the following means or similar schemes:
e. Through misappropriation, conversion, misuse, or

malversation of public funds or raids on the public treasury;
f. By receiving, directly or indirectly, any commission, gift,

share, percentage, kickbacks or any other form of pecuniary benefit from any
person and/or entity in connection with any government contract or project or by
reason of the office or position of the public officer concerned;
g. By the illegal or fraudulent conveyance or disposition of

assets belonging to the National Government or any of its subdivisions, agencies
or instrumentalities or government-owned or -controlled corporations and their
subsidiaries;
h. By obtaining, receiving or accepting directly or indirectly any

shares of stock, equity or any other form of interest or participation including
promise of future employment in any business enterprise or undertaking;
i. By establishing agricultural, industrial or commercial

monopolies or other combinations and/or implementation of decrees and orders
intended to benefit particular persons or special interests; or
j. By taking undue advantage of official position, authority,

relationship, connection or influence to unjustly enrich himself or themselves at
the expense and to the damage and prejudice of the Filipino people and the
Republic of the Philippines.
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Section 2. Definition of the Crime of Plunder; Penalties - Any public

officer who, by himself or in connivance with members of his family, relatives by
affinity or consanguinity, business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through a combination or
series of overt or criminal acts as described in Section 1 (d) hereof, in the
aggregate amount or total value of at least Seventy-five million pesos
(P75,000,000.00), shall be guilty of the crime of plunder and shall be punished by
life imprisonment with perpetual absolute disqualification from holding any public
office. Any person who participated with said public officer in the commission of
plunder shall likewise be punished. In the imposition of penalties, the degree of
participation and the attendance of mitigating and extenuating circumstances
shall be considered by the court. The court shall declare any and all ill-gotten
wealth and their interests and other incomes and assets including the properties
and shares of stock derived from the deposit or investment thereof forfeited in
favor of the State.
Section 3. Competent Court - Until otherwise provided by law, all

prosecutions under this Act shall be within the original jurisdiction of the
Sandiganbayan.
Section 4. Rule of Evidence - For purposes of establishing the crime of

plunder, it shall not be necessary to prove each and every criminal act done by
the accused in furtherance of the scheme or conspiracy to amass, accumulate or
acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt
a pattern of overt or criminal acts indicative of the overall unlawful scheme or
conspiracy.
Section 5. Suspension and Loss of Benefits - Any public officer against

whom any criminal prosecution under a valid information under this Act in
whatever stage of execution and mode of participation, is pending in court, shall
be suspended from office. Should he be convicted by final judgment, he shall
lose all retirement or gratuity benefits under any law, but if he is acquitted, he
shall be entitled to reinstatement and to the salaries and other benefits which he
failed to receive during suspension, unless in the meantime, administrative
proceedings have been filed against him.
Section 6. Prescription of Crimes - The crime punishable under this Act

shall prescribe in twenty (20) years. However, the right of the State to recover
properties unlawfully acquired by public officers from them or from their nominees
or transferees shall not be barred by prescription, laches, or estoppel.
Section 7. Separability of Provisions - If any provisions of this Act or the

application thereof to any person or circumstance are held invalid, the remaining
provisions of this Act and the application of such provisions to other persons or
circumstances shall not be affected thereby.
Section 8. Scope - This Act shall not apply to or affect pending

prosecutions or proceedings, or those which may be instituted under Executive
Order No. 1 issued and promulgated on February 28, 1986.
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Section 9. Effectivity - This Act shall take effect after fifteen (15) days
from its publication in the Official Gazette and in a newspaper of general
circulation.
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ANNEX Z2
REVISED PENAL CODE
Title VII
Crimes Committed by Public Officers
Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE
Section 2. Bribery
Article 210. Direct Bribery. – any public officer who shall agree to
perform an act constituting a crime, in connection with the performance of his
official duties, in consideration of any offer, promise, gift or present received by
such officer, personally or through the mediation of another, shall suffer the
penalty of prision mayor in its medium and maximum periods and a fine (of not
less than the value of the gift) and not less than three times the value of the gift,
in addition to the penalty corresponding to the crime agreed upon, if the same
shall have been committed.
If the gift was accepted by the officer in consideration of the execution of

an act which does not constitute a crime, and the officer executed said act, he
shall suffer the same penalty provided in the preceding paragraph, and if said act
shall not have been accomplished, the officer shall suffer the penalties of prision
correccional in its medium period and a fine of not less than twice the value of
such gift.
If the object for which the gift was received or promised was to make the
public officer refrain from doing something which it was his official duty to do, he
shall suffer the penalties of prision correccional in its maximum period and a fine
(of not less than the value of the gift and) not less than three times the value of
such gift.
In addition to the penalties provided in the preceding paragraphs, the

culprit shall suffer the penalty of the special temporary disqualification.
The provision contained in the preceding paragraphs shall be made

applicable to assessors, arbitrators, appraisal, and claim commissions, experts or
any other persons performing public duties.
Article 211. Indirect Bribery. - The penalties of arresto

correccional in its medium and maximum periods and public censure shall be
imposed upon any public officer who shall accept gifts offered to him by reason of
his office.
Article 211. A Qualified Bribery. – If any public officer is

entrusted with law enforcement and he refrains from arresting or prosecuting an
offender who has committed a crime punishable by reclusion perpetua and/or
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death in consideration of any offer, promise, gift or present, he shall suffer the
penalty of the offense which was not prosecuted.
If it is the public officer who asks or demands such gift or present, he shall
suffer the penalty of death.
Article 212. Corruption of public officials. – The same penalties

imposed upon the officer corrupted, except those of disqualification and
suspension, shall be imposed upon any person who shall have made the offers
or promises or given the gifts or presents as described in the preceding articles.
Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
Article 213. Frauds against the public treasury and similar offenses. - The
penalty of prision correctional in its medium period to prision mayor in its
minimum period, or a fine ranging from Php200.00 to Php10,000.00 pesos, or
both, shall be imposed upon any public officer who:
a. In his official capacity, in dealing with any person with regard

to furnishing of supplies, the making of contracts, or the adjustment or settlement
or accounts relating to public property or funds, shall enter into an agreement
with any interested party or speculator or make use of any other scheme, to
defraud the government;
b. Being entrusted with the collection of taxes, licenses, fees

and other imposts shall be guilty of any of the following acts, or omissions;
1) Demanding directly or indirectly, the payment of sums

different from or larger than those authorized by law;
2) Failing voluntarily to issue a receipt, as provided by

law, for any sum of money collected by him officially;
3) Collecting or receiving, directly or indirectly, by way of

payment or otherwise, things or objects of a nature different from that provided by
law.
When the culprit is an officer or employee of the Bureau of Internal

Revenue or the Bureau of Customs, the provisions of the Administrative Code
shall be applied.
Article 214. Other Frauds. – In addition to the penalties prescribed in the

provisions of Chapter Six, Title Ten, Book Two of this Code, the penalty of the
temporary special disqualification in its maximum period to perpetual special
disqualification shall be imposed upon any public officer who taking advantage of
his official position, shall commit any of the frauds or deceits enumerated in said
provisions.
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Article 215. Prohibited transactions. – the penalty of prision correccional

in its minimum period or a find ranging from Php200.00 to Php1,000.00 pesos, or
both shall be imposed upon any appointive public officer who, during his
incumbency, shall directly or indirectly, become interested in any transaction of
exchange or speculation within the territory subject to his jurisdiction.
Article 216. Possession of prohibited interest by a public officer. – The

penalty of arresto mayor in its medium period to prision correccional in its
minimum period, or a fine ranging from Php 200.00 to Php 1, 000.00 pesos or
both, shall be imposed upon a public officer who, directly or indirectly, shall
become interested in any contract or business in which it is his official duty to
intervene.
This provision is applicable to experts, arbitrators, and private accountants

who, in like manner, shall take part in any contract or transaction connected with
the estate or property in the appraisal, distribution or adjudication of which they
shall have acted, and to the guardians and executors with respect to the property
belonging to their wards or estate.
Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
Article 217. Malversation of public funds or property. - Presumption of

malversation. – any public officer who, by reason of the duties of his office, is
accountable for public funds and property, shall appropriate the same, or shall
take or misappropriate or shall consent, or through abandonment or negligence,
shall permit any other person to take such public funds or property, wholly or
partially, or shall otherwise be guilty to the misappropriation or malversation of
such funds or property, shall suffer the penalty of:
a. prision correccional in its medium and maximum periods, if

the amount involved in the misappropriation or malversation does not exceed
Php 200.00 pesos.
b. prision mayor in its minimum and medium periods, if the

amount involved is more than Php200.00 pesos but does not exceed
Php6,000.00 pesos.
c. prision mayor in its maximum period to reclusion temporal in

its minimum period, if the amount involved is more than Php6,000 pesos but is
less than Php12,000 pesos but it less than Php12,000.00 pesos.
d. reclusion temporal in its medium and maximum periods, if

the amount involved is more than Php 12, 000.00 pesos but is less than Php12,
000.00 pesos. If the amount exceeds the latter, the penalty shall be reclusion
temporal on its maximum period to reclusion perpetua.
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In all cases, persons guilty of malversation shall also suffer the penalty of
perpetual special disqualification and a fine equal to the amount of the funds
malversed or equal to the total value of the property embezzled.
The failure of a public officer to have duly forthcoming any public funds or
property with which he is chargeable, upon demand by any duly authorized
officer, shall be prima facie evidence that he has put such missing funds or
property to personal use.
Article 218. Failure of accountable officer to render accounts. - any public

officer, whether in the service or separated therefrom by resignation or any other
cause, who is required by law or regulation to render accounts the Insular Auditor
(now Commission on Audit), or to provincial auditor and who fails to do so for a
period of two months after such accounts should be rendered, shall be punished
by prision correccional on its minimum period, or by a fine ranging from
Php200.00 to Php6,000.00 pesos, or both.
Article 219. Failure of a responsible public officer to render account

before leaving the country. - Any public officer who unlawfully leaves or attempts
to leave the Philippines Islands without securing a certificate from the
Commission on Audit, showing that his account have been finally settled, shall be
punished by arresto mayor, or a fine ranging from Php200.00 to Php1, 000.00
pesos, or both.
Article 220. Illegal use public of funds or property. - Any public officer
who shall apply any public funds or property under his administration to any
public use other than that for which such funds or property were appropriated by
law or ordinance shall suffer the penalty or prision correccional in its minimum
period or a find ranging from one-half to the total value of the sum misapplied, if
by reason of such misapplication any damages or embarrassment shall have
resulted to the public service. In either case, the offender shall also suffer the
penalty of temporary special disqualification.
If no damage or embarrassment to the public service has resulted, the

penalty shall be a fine from 5 to 50 percent of the sum misapplied.
Article 221. Failure to make delivery of public funds or property. - Any

public officer under obligation to make payment from Government funds in his
possession, who shall fail to make such payment, shall be punished by arresto
mayor and a fine of from 5 to 25 percent of the sum which he failed to pay.
This provision shall apply to any public officer, who being ordered by
competent authority to deliver any property in his custody or under administration,
shall refuse to make such delivery.
The fine shall be graduated in such case by the value of the thing,
provided that it shall not be less than 50 pesos.
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Article 222. Officers included in the preceding provisions. – The

provisions of this chapter shall apply to private individuals who, in any capacity,
have charge of any insular (now national), provincial or municipal funds,
revenues, or property or to any administrator or depository of funds or property
attached, seized, or deposited by public authority, even if such property belongs
to a private individual.
Chapter Five
INFIDELITY OF PUBLIC OFFICERS
Section 2 – Infidelity in the custody of documents.
Article 226. Removal, concealment, or destruction of documents. - Any

public officer who shall remove, destroy, or conceal documents or papers
officially entrusted to him shall suffer:
a. The penalty of prision mayor and a fine not exceeding 1,000

pesos, whenever serious damage shall have been caused thereby to a third party
or to the public interest.
b. The penalty of prision correccional in its minimum and

medium periods and a fine not exceeding Php1,000.00 pesos, whenever the
damage cause to a third part or to the public interests shall not have been
serious.
In either case, the additional penalty of temporary special disqualification

in its maximum period to perpetual special disqualification shall be imposed.
Article 227. Officer breaking seal. – Any public officer charged with the
custody of papers or property sealed by proper authority, who shall break the
seals or permit them to be broken, shall suffer the penalties of prision
correccional in its minimum and medium periods, temporary special
disqualification, and a fine not exceeding Php 2, 000.00 pesos.
Article 228. Opening of closed documents. – Any public officer not

included in the provisions of the next preceding article who, without proper
authority, shall open or shall permit to be opened any closed papers, documents,
or object entrusted to his custody, shall suffer the penalties of arresto mayor,
temporary special disqualification and a fine not exceeding Php 2,000.00 pesos.
Section 3. – Revelation of Secrets.
Article 229. Revelation of secrets by an officer.- Any public officer who

shall reveal any secret known to him by reason of his official capacity, or shall
wrongfully deliver papers or copies of papers of which he may have charge and
which should to be published, shall suffer the penalties of prison correccional in
its medium and maximum periods, perpetual special disqualification and a fine
not exceeding Php 2,000.00 pesos, if the revelation of such secrets or the
delivery of such papers shall have caused serious damage to the public interest;
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otherwise, the penalties of prision correccional in its minimum period, temporary

special disqualification, and a fine not exceeding Php500.00 pesos shall be
imposed.
Article 230. Public officer revealing secrets of private individual. – Any

public officer to whom the secrets of any private individual shall become known
by reason of his office who shall reveal such secrets, shall suffer in the penalties
of arresto mayor and a fine not exceeding Php1, 000.00 pesos.
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ANNEX Z3
AFP SOP FINANCIAL ANALYSIS OF SAL AND PROSECUTION OF NON-
FILERS
Armed Forces of the Philippines

Office of Ethical Standards and Public Accountability
Quezon City
29 November 1991
SUBJECT: SOP on Financial Analysis of SAL

and Prosecution of Non- Filers
TO: All Divisions and Branch Chiefs
1. REFERENCES:
a. Staff Memo Nr 3 dtd 02 May 90;

b. Ltr – Directive , GHQ AFP, dtd 8 Oct 90;
c. Ltr - Directive, GHQ AFP, dtd 18 Jan 19; and
d. Sec 8, RA 6718.
2. PURPOSE:
a. To establish policies and procedures in the conduct of

financial analysis of sworn Statements of Assets and Liabilities (SAL) and in the
prosecution of non-filers of SAL.
b. To facilitate the filing and updating of SAL.
3. DEFINITION OF TERMS:
a. Statement of Assets and Liabilities – a sworn declaration of

every public officer of his true and detailed worth, in monetary value of real and
personal properties owned by him, known as assets, as well as a true and
detailed statement of indebtedness of which he is obliged to pay, known as
liabilities.
b. Family Income – all earnings whether subject to tax or not

received during the Calendar Year for which statement is filed, such as,
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salary, bonuses, allowances, COLA, incentive pay, long pay, dividends and
interest earned on savings and time deposits, proceeds from sale or assets,
income from business, profession or vocation, inheritance, donations, financial
aids, sweepstakes winning, retirement benefits, pensions and the like.
c. Personal and Family Expenses – the amount spent by the

filers for his personal needs in the form of daily subsistence, sustenance, upkeep
and support of his family during the calendar year for which the statement is filed.
It does not include amount spent for the acquisition, improvement or repair of
assets and payment of principal obligation to creditors.
d. Penalty for non-filing of SAL – imprisonment not exceeding

five (5) years or a fine not exceeding Five Thousand Pesos (Php5,000. 00) or
both; and, in the discretion of the court of competent jurisdiction, disqualification
to hold public office.
e. Periodic Review – an activity of the SAL Div wherein SAL are

periodically reviewed and analyzed to determine the correctness and truthfulness
of the entries declared therein.
f. SAL Filers- officers, EP and permanent civilian employees of

the AFP.
g. SAL Non-Filers – military personnel and permanent civilian

employees of the AFP who failed to file their sworn statement of assets and
liabilities for a particular calendar year as required by Sec 8, RA 6713.
4. POLICIES:
a. Financial analysis of SAL of respondents with pending

complaints/cases under investigation shall be given priority and shall be initiated
upon a written request to C, SAL Div.
b. Periodic review and financial analysis of Statement of Assets

and Liabilities (SAL) for the last five (5) years of all military and civilian personnel
shall be undertaken to determine the correctness of the entries declared therein.
c. No reconstruction/late filing of SAL may be allowed unless

the deficient file can show cause in an affidavit under oath the reason for his
failure to comply with the law.
5. PROCEDURE IN FINANCIAL ANALYSIS:
5.1. Based on Pending Complaint
a. The C, Inves Div or in his absence his Asst, shall

initiate a request to C, SAL Div for cash analysis of the SAL of a respondent who
is under investigation.
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b. Upon receipt of the approved request, the SAL

Specialist Team Leader shall verify the completeness of respondent’s SAL for the
last ten (10) years which shall be forwarded to the concerned Financial Analyst
for review and analysis.
c. If the SAL are incomplete, the SAL specialist Team

Leader shall inform the SAL NCO of the same, and the latter shall require in
writing the deficient filer to submit his lacking SAL.
d. The Financial Analyst shall prepare a year to year

comparative analysis of the SAL and a consolidated Cash Flow Statement for the
last ten (10) years. The same is reviewed by the Financial Analyst Supervisor
and certified by the C, SAL Div.
e. The C, SAL Div transmits the certified true copies of

the Cash Flow Statement and the SAL to the C, Inves Div who refers them to the
designated Investigator for appropriate action. Upon being summoned, the
respondents will appear (alone or with his accountant) to explain in a sworn
affidavit the discrepancy noted.
f. The Inves Div shall forward the evaluation report

together with other evidence to the Legal Division which shall pass upon the
merits if a case is to be recommended for prosecution or to be dismissed, as the
case may be.
5.2. Periodic Review:
a. The SAL Specialist Team Leaders shall forward the

complete SAL to the concerned Financial Analyst for review and analysis.
b. The same procedure shall be followed in para 5.1 (d),

above. If the discrepancy in the cash analysis is significant to warrant an
investigation, SAL records shall be referred to the Inves Div for appropriate action
after notation by C, SAL Div and D, OESPA, respectively. SAL records with
negligible discrepancy shall likewise pass thru C, SAL Div and D, OESPA for final
disposition.
c. Initial finding is not limited to the final amount shown

in the worksheet but also as to the other entries in SAL which C, Inves Div may
require the filer to explain, particularly;
1) Business income/earnings
2) Investment and income
3) Acquisition cost of personal and real properties
4) Bank and private loans
5) Inherited properties
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6. PROCEDURE IN THE PROSECUTION OF NON-FILERS:
a. If upon verification, a filer is found deficient in filing of his

SAL, the SAL Div shall advise in writing the filer concerned to require his lacking
SAL.
b. The filer’s failure to abide by the requirement after the third

notice shall cause the matter to be referred to the legal division for purposes for
prosecution pursuant to section 11, RA 6713.
7. RESCISSION:
All existing office policies that are inconsistent with this SOP are
hereby rescinded or modified accordingly.
8. EFFECTIVITY:
This SOP shall take effect upon approval.
(SGD) GUILLERMO G FLORES

Lt General, AFP
Chief, OESPA
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ANNEX Z4
AFP SOP ON INVESTIGATION OF CASES
REPUBLIC OF THE PHILIPPINES

GENERAL HEADQUARTERS, ARMED FORCES OF THE PHILIPPINES
OFFICE OF ETHICAL STANDARDS AND PUBLIC ACCOUNTABILITY
Camp General Emilio Aguinaldo, Quezon City
22 November 1991
SUBJECT: SOP on Investigation of Cases
TO: All Divisions and Branch Chiefs
1. REFERENCES:
a. Staff Memo Nr 3 dtd 02 May 90;

b. AFP Ltr-Directive dtd 08 Oct 90;
c. SOP Nr 3 dtd 24 Sep 76;
d. SOP Nr 3 dtd 27 Jul 88;
e. AFP Ltr-Directive dtd 18 Jan 91; and
f. RA 6713, RA 3019, RA 1379, and allied laws, rules and
regulations.
2. PURPOSE:
a. To prescribe policies governing the conduct of investigation

of complaints/cases.
b. To adopt a more effective and systematic investigation

procedure to insure uniformity of and coordinated actions as well as speedy
resolution of complaints/cases.
3. DEFINITON OF TERMS:
a. Public Officer – includes elective and appointive officials and

employees, permanent or temporary, whether in the classified or unclassified or
exempt service receiving compensation, even nominal, from the government.
b. Corrupt Acts - all acts or omissions described and

characterized as crimes against public interest, public morals, property, chastity,
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civil status of persons, and honor under the pertinent provisions of the Revised
Penal Code and those specifically mentioned in RA 3019, as amended and RA
6713, and other special penal laws, including the Articles of War, AFP Rules and
Regulations and directives which involve dishonesty, injustice and immorality
committed by any public officer in connection with his office, position, rank or
influence to obtain material gain or personal interest or advantage, causing
damage to any party including the government.
c. Unethical Acts – all acts or omissions which deviate from

established and accepted ethical and moral standards of behavior and
performance set forth in the AFP Code of Ethics;
d. Assets - include anything of value whether real or personal

property, tangible or intangible rights or properties.
e. Unlawfully acquired property - property acquired by a public

officer but its ownership is concealed by its being recorded in the name of, or
held by, the spouse, ascendants, descendants, relatives, or any other person;
property unlawfully acquired by a public officer but transferred by him to another
person or persons; and property donated to a public officer during his
incumbency, unless he can prove to the satisfaction of the court that that the
donation is lawful.
f. Unexplained Wealth - it is the amount of property and/or

assets acquired during the incumbency of a public officer which is manifestly out
of proportion to his salary and other lawful income.
g. Periodic Review - it is an activity of the SAL Division wherein

SALs are periodically examined, reviewed and analyzed to determine the
correctness and truthfulness of the entries declared therein.
h. Pending Complaint/Case - a complaint or case which is

pending investigation by OESPA.
i. Coverage of Investigation – violation of RA 3019, as

amended, RA 1379, RA 6713, Title VII, Chapter II, Section 2 of the RPC, AW 95
(Fraud Against the Government) and other pertinent AFP Rules and Regulations.
4. POLICIES:
4.1. Investigations shall cover all complaints/reports on violations

of RA 3019, as amended, RA 6713, pertinent provisions of the Articles of War
(Fraud against the Government), the Revised Penal Code, AFP Rules and
Regulations, and allied laws.
4.2. For speedier disposition of a complaint/report, it must be in

writing and signed under oath. An anonymous complaint/report maybe acted
upon after assessment of facts by the OESPA Screening and Evaluation
Committee, if it contains the correct names and addresses of witnesses, attaches
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documents to support the complaint or states the place where such documents
maybe found or the person who is in custody of the documents, or contains
sufficient leads to facilitate the conduct of investigation thereof.
4.3. Aside from complaint/report, material discrepancies in the

Cash Flow analysis of Statements of Assets and Liabilities shall also be basis for
investigation.
4.4. Complaints/report must all be recorded and evaluated prior

to its assignment to an investigator.
4.5. Respondents must always be informed of his rights that he

can appear personally or through counsel. Corollary, respondent must be
furnished with SOI or documentary evidence against him and must be informed
of the specific date when to submit his counter-affidavit and its supporting
evidence prior to the evaluation of the case. Should he fail, the respondent may
be given fifteen (15) days from receipt of his notice. Otherwise, the
complaint/case is deemed submitted for resolution.
4.6. Initial finding of unexplained wealth is “significant” if it

exceeds the total cumulative gross annual basic pay of the SALs filer for the last
five (5) years.
Examples:
Initial findings (IF) - accumulated possible unexplained wealth

(APUW) - Php300, 000.00
Computation of Discrepancy level- (Rank of CAPTAIN)
a. 1986 P 4,000.00 (base pay) x 12 = P 48, 000.00

b. 1987 P 4,000.00 (base pay) x 12 = P 48, 000.00
c. 1988 -do- x 12 = P 48, 000.00
d. 1989 -do- x 12 = P 48, 000.00
e. 1990 -do- x 12 = P 48, 000.00
TOTAL P240, 000.00
Since the IF (Php300, 000.00) is more than the DL (Php240, 000.00), the
discrepancy is considered to be significant. Conversely, when IF is Php200,
000.00 which is less than the DL of Php240, 000.00, the same is considered
negligible.
Initial findings are not limited to the final amount shown in the Work Sheet
but rather include other entries which C, SAL Div may feel should be added
requiring subject officer to substantiate the legitimacy of, but not limited to the
following:
a. business income
b. investment and income earned
c. acquisition cost of personal and real properties
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d. bank and private loans

e. inherited properties
4.7. To determine whether a discrepancy on SAL is significant

warranting investigation, the following criteria/discrepancy levels based on rank
category are prescribed for uniformity:
RANK DISCREPANCY LEVEL
GENERAL PHP 600,000.00 up

MAJ GENERAL 500,000.00 up
BGEN/COMMO 400,000.00 up
COL/CAPT 400,000.00 up
LTC/CDR
MAJ/LCDR 300,000.00 up
CPT/ILT/LTJG
2LT/ENS 200,000.00 up
EP (ALL RANKS) Php100,000.00 up
4.8. Investigators when summoned by the courts, as witnesses,

must abide by such process. In this regard, his prior coordination with C, Legal
Div for briefing and assistance is imperative.
5. PROCEDURE IN THE CONDUCT OF INVESTIGATION OF

CASES
5.1. Upon receipt of complaints, Admin Div will notify C, OESPA

of such who, in turn, refers them to the Screening and Evaluation Committee
which shall pass upon, if complaints are to be:
a. disregard being wanting of merit; or
b. referred for investigation by appropriate

units/agencies; or
c. referred to OESPA Investigation Division.
5.2. Disregarded complaints shall be archived at the Investigation

Division for future reference.
5.3. SI reports coming from intelligence units will follow the same
procedure as in 5.1, above, so long as they contain sufficient leads to facilitate
investigation thereof.
5.4. Complaints/ reports which are found meritorious by the

Committee shall be referred for investigation by the Investigation Division.
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5.5. Upon receipt of the copy of the complaint, the designated

Investigator shall prepare the ACTION PLAN containing the following:
a. Time allocated for the gathering of evidences, sending

of summons and other notices.
b. Actions to be taken such as the conduct of

overt/covert interviews, casing operation, audit and taking of photographs.
5.6. The assigned Investigator shall request the financial analysis

of the SAL of the respondent by the SAL Div. Parenthetically, SAL Div is
authorized to render cash flow analysis and to issue certified analysis for use as
evidence in courts or as basis for the issuance of clearances.
5.7. The Chief, Inves Div, or in his absence his Assistant, shall
personally apprise an officer/respondent of his right who is under investigation.
Respondent shall be required to submit written explanation, under oath, to be
duly supported with evidentiary documents. The failure of respondent to present
explanation within the prescribed period shall suffice the investigator to proceed
with the gathering evidence ex parte and to terminate the investigation of the
case.
5.8. The Investigation Division may seek assistance from various

intelligence units to gather leads through covert actions. From there, the Inves
Div shall transform these leads into acceptable evidence which could stand legal
scrutiny in court.
5.9. COA/PEMRAD’s assistance maybe sought to buttress

evidence gathered or as necessity dictates. Communication encompassing such
action will be initiated at the level of D, OESPA, who will sign written request for
and in behalf of C, OESPA.
5.10. Relative to foregoing, written communication to effect legal

process such as summons and notices shall be signed by D, ESPA. Replies to
processes shall be coursed thru C, Inves Div, or his Asst, who shall refer the
same to the investigator concerned.
5.11. Investigation teams maybe created upon recommendation of

Chief or Asst C, Inves Div to cover investigations in any of the fourteen (14)
Regions of the country. Each team, upon return, shall submit an After-Mission
Report to C, ESPA, thru channel.
5.12. Initial draft of the Investigation Report (IR) shall be prepared

by the assigned investigator for submission to the Asst C, Invest Div who shall
determine if the evidence is sufficient to support the disposition recommended.
Thereafter, the entire case record shall be returned to the investigator who shall
prepare the final investigation report (IR) to be forwarded to C, Inves Div for his
concurrence /non-concurrence.
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5.13. The IR shall be forwarded to C, Legal Div who shall review

and evaluate the evidence. Cases recommended for prosecution but with
insufficient evidence maybe returned with comments by C, Legal Div to C, Inves
Div for further case build-up.
5.14. IR concurred in by, C, Legal Div shall be referred to

D,OESPA for his notation prior to approval C, OESPA
5.15. Cases approved by C, ESPA shall be forwarded to CSAFP

(thru: TDCS) for final disposition.
5.16. Admin Div shall inform the respondent in writing of actions

taken on the complaint against him. Simultaneously, a copy of CSAFP disposition
shall be forwarded to TAG, AFP for publication.
5.17. Original records of cases which have been approved by

prosecution shall be retained by Legal Division while records of dismissed cases
shall be retained by Inves Division. Incidentally, complainants must likewise be
apprised of the actions taken on their complaints.
5.18. The Inves Div NCOIC shall prepare a monthly report, or as

often as maybe required by the C, Inves Div, covering the status of pending
cases, copy furnished: Chief, and Asst C, Inves Div, Ex-O, D, OESPA and C,
OESPA. On the other hand, the legal Div shall prepare and maintain a monthly
status report on cases under prosecution.
6. RESCISSION:
All existing office policies inconsistent with this SOP are rescinded
or modified accordingly.
7. EFFECTIVITY:
This SOP shall take effect upon approval.
(SGD) GUILLERMO G FLORES

Lt General, AFP
Chief, OESPA
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ANNEX Z5
CIVIL SERVICE COMMISSION

MEMORANDUM CIRCULARS
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ANNEX Z7
SALN FORMS
(1994, Revised 2012, AD/BD and Revised 2004)
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SWORN STATEMENT OF ASSETS, LIABILITIES, AND NET WORTH

DISCLOSURE OF BUSINESS INTERESTS AND FINANCIAL CONNECTIONS
AND IDENTIFICATION OF RELATIVES IN THE GOVERNMENT SERVICE
(Required by R.A. No. 6713)
As of __________________ (Baseline Declaration)
Note: Please write your responses in ALL CAPITAL letters usi ng ONLY BALL PE N to
avoid blotting.
A. DEC LARANT’S PERSONAL INFORMATION AND EMPLOYMENT
*For Joint filing, make 2 entries for Name, Position, Declarant’s Annual Gross Salary, Name of Agency, and
Office Address
*Annual Gross Salary refers to ALL amounts received by declarant from Government service
Last Name First Name Middle Name
Home Address Position Declarant’s Annual Gross

Salary
* Annual Gross Family Income refers to income of declarant, spouse, and declarant’s children below 18 years of age
living in declarant’s household
Name of Agency/Office Office Address Annual Gross Family
Income
I a m married. I am not married. I have no children below 18 years of age living

in my household.
Spouse Information:
Name: __________________________ Position: _______________________ Company:
____________________________
Children of Declarant Below 18 Years of Age Date of Birth

Living in
Household of Declarant (Use additional sheet if
necessary)
B. ASSETS, LIABILITIES, AND NET WORTH

Instruction for all assets: Declare assets whether the declarant/spouse/child is
the legal owner (name appearing on the instrument of title) or the beneficial
owner (property is in the name of another person but ownership pertains to
declarant/spouse/child, under a trust arrangement).
1. Rea l Prope rties and Vehicles of Decla rant/Spouse/Decla rant’s Children
Below 18 Years of Age Living in the Household of Dec lara nt, rega rdless of
amount (Use additional sheet if necessary)
I have no real properties to declare owned by me/ my spouse/my children below 18 years
of age living in my household
I have no vehicles to declare own ed by me/my spouse/my children below 18 years of age
living in my household
Kind of Real Location of Real Estimated Asse ssed
Property/ Property/ Acqui si tion Fair Market Value (Php)
Cert No. and Value (Php)
Type of Vehicle Place of Reg of Mode Year Cost (Php) (Not Applicable to
and plate no. Vehicle Vehicles)
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Total:
2. Investments, Othe r Personal Properties, and Liabilities of

Decla rant/Spouse/Decla rant’s Children Below 18 Years of Age Living in
the Household of Decla rant
I have no investments to declare owned by me/my spouse/my children below 18 years
I have no personal properties to declare owned by me/my spouse/my children below 18
yrs of age living in my household
I have no liabilities to declare pertaining to me/my spouse/my children below 18 years
Instructions: Declare each Asset Item (Investment and Other Personal Property) with a fair
mark et value of Php50,000 or more as of the date of declaration, even if the same was acquired at
no cost or at less cost. Declare each Liability Item with an outstanding balance of Php50,000 or
more as of the date of declaration. Items with less value may be declared in lump sum as “Others.”
However, if “Others” amounts to more than Php 100,000, each item must be listed. Put a check
mark on the items to be declared, and mak e the corresponding entry for the actual Acquisition
Cost or Outstanding Balance, as applicable.
B.2.1 Inve stment Item Acqui si tion Cost B.2.1 Inve stment Item Acqui si tion Cost
Stocks (equity paid) Pre-need plans
(premiums pd)
Bonds Time deposits
Mutual funds Money mark et
placements
Trust funds Equity in partnerships
Private insurance (premiums Options
pd)
Educational plans Others
(premiums pd)
Total Php:
B.2.2 Other Personal Property Acqui si tion Cost B.2.3 Liability Outstanding
Balance
Cash on hand/Bank Personal loans
accounts
Receivables Bank loans
Deposits/advanced Accounts payables
payments on leases/rentals
Furniture, antiques GSIS, PAGIBIG loans
Jewelry Mortgage payables
Equity in installment Surety liabilities
purchases
Intellectual properties Guaranty liabilities
Others Judgment debts
Loans from other
institutions
Others
Total Php: Total Php:
3. Net Worth: Decla rant/Spouse/Decla rant’s Children Below 18 Yea rs of

Age in Decla rant’s Household
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1
Reference Section Net Worth At Hi storical Value (Php)
B1 Total Real Properties and Motor
Vehicles
B2.1 add: Total Investments
B2.2 Total Other Personal
Properties
B2.3 deduct: Total Liabilities
Total Php:
1
Acquisition costs of Real Properties and Vehicles, and Investments and Other Personal Properties; less total
outstanding balance of Liabilities
C. BUSINESS INTERESTS AND F INANC IAL CONNEC TIONS OF
DECLARANT/SPOUSE/DEC LARANT’S CHILDREN BELOW 18 YEARS OF AGE
LIVING IN THE HOUSEHOLD OF DECLARANT
(USE ADDITIONAL SHEET IF NECESSARY)
Instruction: Declare each item which generates gross annual receipts of Php 50,000 or more.
Items with less value may be declared in lump sum as “Others”. However, if “Others” amounts to
more than Php 100,000, each item must be listed
I have no business interests and financial connections to declare pertaining to me/my
spouse/my children below 18 years of age living in my household.
Declarant, Spouse, or Name of Entity Address Nature of Business Date of
Child (Put Name) Interest/Financial Acquisiti
Connection on/
Connecti
on
D. DECLARANT’S RELATIVES IN THE GOVERNMENT (USE ADDITIONAL

SHEET IF NECESSARY)
th
Instruction: Up to the 4 civil degree of relationship, either of consanguinity or affinity,
including bilas, inso and balae
I don’t know of any relatives in Govern ment.
Name of Relative Relationship Position Office/Address
E. STATEMENT
I hereby certify to the best of my knowledge and information that these are complete and true
statements of my assets, liabilities, net worth, business interests, and financial connections, including
those of my spouse and my children below 18 years of age living in my household, and the names of my
relatives in the Government, as of ______________________________, as required by and in
accordance with Republic Act No. 6713. I further certify that no assets, liab ilities, business interests,
financial connections, and relatives in the Government other than those declared herein are known to
me, my spouse, and my children b elow 18 years of age living in my household.
I hereby authorize the Ombudsman or his duly authorized representative to obtain and secure
from all appropriate government agencies, including the Bureau of Internal Revenue, such documents
that may show such assets, liabilities, net worth, business interests, and financial connections, including
those of my spouse and my children below 18 years of age living in my household, covering previous
years, including the year I first assumed office in Government.
I further undertake to produce all supporting documents for each of the entries herein made
when required.
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Declarant’s Signature: _____________________________________________ Date

________________ TIN: ______________________
Community Ta x Cert No: ___________________________ Issued In:
___________________________ Issued On: __________________
In case of joint filing:

Spouse’s Signature: ___________________________________________ Date __________________
TIN: ________________________
Community Ta x Cert No: ___________________________ Issued In: _________________________
Issued On: ____________________
SUBSCRIBED AND SWORN TO before me on this _______________day of
_________________________________, 20______, affiant(s) exhibiting his/her/their Community Tax
Certificate(s) as indicated above.
______________________________
(Person
Administering Oath)
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Revised Form 24 Dec 04
SWORN STATEMENT OF ASSETS AND LIABILITIES AND NET WORTH

DISCLOSURE OF BUSINESS INTERESTS AND FINANCIAL
CONNECTIONS, AND
IDENTIFICATION OF RELATIVE IN THE GOVERNMENT SERVICE
As of _______________
(required by R.A. No. 6713)
NAME: __________________________________________________
Surname/First Name/MI (Rank/Serial No./Br of Svc)
Date of Birth: _____________________________________________
Address: _________________________________________________
Date of Appointment/CAD/Enlistment: __________________________
Office Address: ____________________________________________
Position Designation: _______________________________________
Spouse’s Name: ___________________________________________
(Surname/First Name/M.I.)
Occupation: ______________________________________________
Unmarried Children Below 18 Years of age:
A. ASSETS, LIABILITIES AND NET WORTH

1. Personal Properties
Total P ___________
2. Real Properties
Total Php __________

TOTAL ASSETS (Personal & Real) P __________
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B. LIABILITIES
TOTAL Php ______________
NET WORTH: Total Assets (A1 + A2 Less Total Liabilities (2) Php ________
3. My family income and other sources of funds composed of

salary, allowance, bonus, dividend, sale/rental of property, inheritance
financial aid, donation, etc., including those of my spouse and children below
18 years during the calendar year this statement is filed are as follows:
Total Income Php _____________
4. The income tax paid during the preceding calendar year to

include income tax withheld for the current calendar year for which this
statement is made amounted to Php ________________.
5. My/our personal/family expenses composed of food, clothing, schooling, medical, entertainment,
insurance, interest paid on loans, educational plans, electrical/water bills, rentals , other taxes, etc, amounted to Php
__________________.
DISCLOSURE OF BUSINESS INTEREST AND FINANCIAL CONNECTIONS:
My business interest and financial connections including those of your

spouse and unmarried children below 18 year of age living in your household
are the following:
C. IDENTIFICATION OF RELATIVES IN THE GOVERNMENT SERVICE
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My relative within the fourth degree of consanguinity or affinity who are

working in the government are as follows:
I am making this statement in compliance with RA 6713, I am (Check

appropriate statement):
_________ a. a new member/employee of the AFP.
____/ ____ b. already a member/employee of the AFP.
_________ c. leaving the service.
I hereby certify to the best of my knowledge and information that these

are true statements of my assets, liabilities net worth, business interest, and
financial connections, including those of my spouse and unmarried children
below 18 years of age and names of my relatives in the government as of
December 31, 2006 as required in accordance with Republic Act 6713.
______________________________
(Signature Over Printed
Name)
Date____________________
TIN______________________________________
Community Tax Cert. No._____________________
Issued at __________________________________
Issued On_________________________________
SUBSCRIBED AND SWORN TO before me this _______ day of

_____________ 20 _____, affiant exhibiting to me his/her Community Tax
Certificate as indicated above.
_________________________
(Person Administering Oath)
___________________________
(Duty & Unit Assignment)
INSTRUCTIONS
WHO SHALL FILE?
All public officials and employees, except those who serve in an

honorary capacity, laborers, and casual or temporary workers, shall file under
oath their SALN and a DBIFC and those of their spouses and unmarried
children under eighteen (18) years of age living in their households.
WHEN TO FILE?
1. Within thirty (30) days after assumption of office, statements of

which must be reckoned as of his first day of service.
2. On or before April 30 of every year thereafter, statements of

which must be reckoned as of end of the preceding year, or,
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3. Within thirty (30) days after separation from the service,

statement of which must be reckoned as of his last day of office.
(Note: Copy intended for the Office of the President and Ombudsman
shall be filed at OESPA, AFP Camp Gen Emilio Aguinaldo, Quezon City for
consolidation)
WHERE ARE SALN AND DBIFC FILED?
1. Office of the President (Original copy) – Colonel/Captain and

above.
2. Office of the Deputy Ombudsman for the MOLEO (Original

copy)-All Officers, EP & regular CE
3. OESPA, AFP (Original copy) – All Officers, EP, and permanent

CE
4. OESPA Maj Service (Original copy) – All Officers, EP, and

permanent CE
5. Maj Service Field Units (if any) (Original copy) – (Area

Commands, PA Divisions/Regiments & their equivalent in the PAF & PN – All
Officers, EP & permanent CE
6. Personal File (Original copy)
(Note: Copy intended for the OP and Ombudsman shall be filed at OESPA,
AFP Camp Aguinaldo, Quezon City for consolidation).
WHAT ARE THE PENALTIES FOR NON-FILING OF SALN AND DBIFC?
Under Section 11 of RA 6713, imprisonment not exceeding five (5)

years, or a fine not exceeding Five Thousand Pesos (Php 5, 000.00), or both,
and, in the discretion of court of competent jurisdiction, disqualification to hold
public office.
DEFINITION OF TERMS
Improvements - connote valuable additions or betterments on properties

which enhance their value.
Assessed Value - the value placed on a property by the assessor for tax
purposes.
Fair Market Value - the fair value of a property as between one who desires to
purchase and one who desires to sell.
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Family Relations - include the spouse or relatives by consanguinity or affinity

in the third civil degree.
Mode of Acquisition - manner by which the property is acquired, eg: cash

purchase, purchase by installments, inheritance, donations, gift, etc.
Acquisition Cost - the amount paid for the purchase of the property; for
properties purchased on installment basis, the principal amount of obligation
based on the purchase agreement.
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ANNEX Z8
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,

PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS,
PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES.
Section 1. Short Title.- This Act shall be known as the "Anti-Violence

Against Women and Their Children Act of 2004."
Sec. 2. Declaration of Policy.- It is hereby declared that the State

values the dignity of women and children and guarantees full respect for
human rights. The State also recognizes the need to protect the family and its
members particularly women and children, from violence and threats to their
personal safety and security.
Towards this end, the State shall exert efforts to address violence
committed against women and children in keeping with the fundamental
freedoms guaranteed under the Constitution and the Provisions of the
Universal Declaration of Human Rights, the convention on the Elimination of
all forms of discrimination Against Women, Convention on the Rights of the
Child and other international human rights instruments of which the
Philippines is a party.
Sec. 3. Definition of Terms.- As used in this Act:
(a) "Violence against women and their children" refers to any act or
a series of acts committed by any person against a woman who is his wife,
former wife, or against a woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty. It includes, but is not
limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical

harm;
B. "Sexual violence" refers to an act which is sexual in nature,
committed against a woman or her child. It includes, but is not limited to:
a) Rape, sexual harassment, acts of lasciviousness, treating

a woman or her child as a sex object, making demeaning and sexually
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suggestive remarks physically attacking the sexual parts of the victim's body,
forcing her/him to watch obscene publications and indecent shows or forcing
the woman or her child to do indecent acts and/or make films thereof, forcing
the wife and mistress/lover to live in the conjugal home or sleep together in
the same room with the abuser;
b) Acts causing or attempting to cause the victim to engage in any

sexual activity by force, threat of force, physical or other harm or threat of
physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely

to cause mental or emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and marital infidelity. It includes causing or
allowing the victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to witness pornography
in any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a

woman financially dependent which includes, but is not limited to the
following:
1. Withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or activity, except
in cases wherein the other spouse/partner objects on valid, serious and moral
grounds as defined in Article 73 of the Family Code;
2. Deprivation or threat of deprivation of financial resources and the

right to the use and enjoyment of the conjugal, community or property owned
in common;
3. Destroying household property;
4. Controlling the victims' own money or properties or solely controlling

the conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman
or her child resulting to the physical and psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined

pattern of psychological and behavioral symptoms found in women living in
battering relationships as a result of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who,
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knowingly and without lawful justification follows the woman or her child or
places the woman or her child under surveillance directly or indirectly or a
combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as

husband and wife without the benefit of marriage or are romantically involved
over time and on a continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two individuals in a
business or social context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not
result in the bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution maintained

or managed by the Department of Social Welfare and Development (DSWD)
or by any other agency or voluntary organization accredited by the DSWD for
the purposes of this Act or any other suitable place the resident of which is
willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or

older but are incapable of taking care of themselves as defined under
Republic Act No. 7610. As used in this Act, it includes the biological children
of the victim and other children under her care.
Sec. 4. Construction.- This Act shall be liberally construed to promote

the protection and safety of victims of violence against women and their
children.
Sec. 5. Acts of Violence Against Women and Their Children.- The

crime of violence against women and their children is committed through any
of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent

physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in

conduct which the woman or her child has the right to desist from or desist
from conduct which the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her child's freedom of
movement or conduct by force or threat of force, physical or other harm or
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threat of physical or other harm, or intimidation directed against the woman or

child. This shall include, but not limited to, the following acts committed with
the purpose or effect of controlling or restricting the woman's or her child's
movement or conduct:
(1) Threatening to deprive or actually depriving the woman or

her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her

children of financial support legally due her or her family, or deliberately
providing the woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of

a legal right; and
(4) Preventing the woman in engaging in any legitimate

profession, occupation, business or activity or controlling the victim's own
mon4ey or properties, or solely controlling the conjugal or common money, or
properties.
(e) Inflicting or threatening to inflict physical harm on oneself

for the purpose of controlling her actions or decisions;
(f) Causing or attempting to cause the woman or her child to

engage in any sexual activity which does not constitute rape, by force or
threat of force, physical harm, or through intimidation directed against the
woman or her child or her/his immediate family;
(g) Engaging in purposeful, knowing, or reckless conduct,

personally or through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include, but not be
limited to, the following acts:
(1) Stalking or following the woman or her child in

public or private places;
(2) Peering in the window or lingering outside the

residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the

property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings

or inflicting harm to animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence.
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(i) Causing mental or emotional anguish, public ridicule or

humiliation to the woman or her child, including, but not limited to, repeated
verbal and emotional abuse, and denial of financial support or custody of
minor children of access to the woman's child/children.
Sec. 6. Penalties.- The crime of violence against women and their

children, under Sec. 5 hereof shall be punished according to the following
rules:
(a) Acts falling under Sec. 5(a) constituting attempted, frustrated
or consummated parricide or murder or homicide shall be punished in
accordance with the provisions of the Revised Penal Code;
If these acts resulted in mutilation, it shall be punishable in accordance

with the Revised Penal Code; those constituting serious physical injuries shall
have the penalty of prison mayor; those constituting less serious physical
injuries shall be punished by prision correccional; and those constituting slight
physical injuries shall be punished by arresto mayor;
Acts falling under Sec. 5(b) shall be punished by imprisonment of two

degrees lower than the prescribed penalty for the consummated crime as
specified in the preceding paragraph but shall in no case be lower than
arresto mayor;
(b) Acts falling under Sec. 5(c) and 5(d) shall be punished by
arresto mayor;
(c) Acts falling under Sec. 5(f) shall be punished by arresto
mayor;
(e) Acts falling under Sec. 5(g) shall be punished by prision
mayor;
(f) Acts falling under Sec. 5(h) and Sec. 5(i) shall be punished by
prision mayor.
If the acts are committed while the woman or child is pregnant or

committed in the presence of her child, the penalty to be applied shall be the
maximum period of penalty prescribed in the Sec.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the
amount of not less than One hundred thousand pesos (P100,000.00) but not
more than three hundred thousand pesos (300,000.00); (b) undergo
mandatory psychological counseling or psychiatric treatment and shall report
compliance to the court.
Sec. 7. Venue.- The Regional Trial Court designated as a Family Court

shall have original and exclusive jurisdiction over cases of violence against
women and their children under this law. In the absence of such court in the
place where the offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its elements was committed at
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the option of the compliant.
Sec. 8. Protection Orders.- A protection order is an order issued under

this act for the purpose of preventing further acts of violence against a woman
or her child specified in Sec. 5 of this Act and granting other necessary relief.
The relief granted under a protection order serve the purpose of safeguarding
the victim from further harm, minimizing any disruption in the victim's daily life,
and facilitating the opportunity and ability of the victim to independently regain
control over her life. The provisions of the protection order shall be enforced
by law enforcement agencies. The protection orders that may be issued under
this Act are the barangay protection order (BPO), temporary protection order
(TPO) and permanent protection order (PPO). The protection orders that may
be issued under this Act shall include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit

or committing, personally or through another, any of the acts mentioned in
Sec. 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying,

telephoning, contacting or otherwise communicating with the petitioner,
directly or indirectly;
(c) Removal and exclusion of the respondent from the

residence of the petitioner, regardless of ownership of the residence, either
temporarily for the purpose of protecting the petitioner, or permanently where
no property rights are violated, and if respondent must remove personal
effects from the residence, the court shall direct a law enforcement agent to
accompany the respondent has gathered his things and escort respondent
from the residence;
(d) Directing the respondent to stay away from petitioner and

designated family or household member at a distance specified by the court,
and to stay away from the residence, school, place of employment, or any
specified place frequented by the petitioner and any designated family or
household member;
(e) Directing lawful possession and use by petitioner of an

automobile and other essential personal effects, regardless of ownership, and
directing the appropriate law enforcement officer to accompany the petitioner
to the residence of the parties to ensure that the petitioner is safely restored to
the possession of the automobile and other essential personal effects, or to
supervise the petitioner's or respondent's removal of personal belongings;
(f) Granting a temporary or permanent custody of a

child/children to the petitioner;
(g) Directing the respondent to provide support to the woman
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and/or her child if entitled to legal support. Notwithstanding other laws to the
contrary, the court shall order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by the respondent's
employer for the same to be automatically remitted directly to the woman.
Failure to remit and/or withhold or any delay in the remittance of support to
the woman and/or her child without justifiable cause shall render the
respondent or his employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession

of any firearm or deadly weapon and order him to surrender the same to the
court for appropriate disposition by the court, including revocation of license
and disqualification to apply for any license to use or possess a firearm. If the
offender is a law enforcement agent, the court shall order the offender to
surrender his firearm and shall direct the appropriate authority to investigate
on the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence

inflicted, including, but not limited to, property damage, medical expenses,
childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide

petitioner may need; and
(k) Provision of such other forms of relief as the court deems

necessary to protect and provide for the safety of the petitioner and any
designated family or household member, provided petitioner and any
designated family or household member consents to such relief.
Any of the reliefs provided under this Sec. shall be granted even in the
absence of a decree of legal separation or annulment or declaration of
absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall

not preclude a petitioner from applying for, or the court from granting a TPO or
PPO.
Sec. 9. Who may file Petition for Protection Orders. – A petition for
protection order may be filed by any of the following:
(a) The offended party;
(b) Parents or guardians of the offended party;
(c) Ascendants, descendants or collateral relatives within the

fourth civil degree of consanguinity or affinity;
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(d) Officers or social workers of the DSWD or social workers of

local government units (LGUs);
(e) Police officers, preferably those in charge of women and

children's desks;
(f) Punong Barangay or Barangay Kagawad;
(h) Lawyer, counselor, therapist or healthcare provider of the

petitioner;
(h) At least two (2) concerned responsible citizens of the city or

municipality where the violence against women and their children occurred
and who has personal knowledge of the offense committed.
Sec. 10. Where to Apply for a Protection Order. – Applications for

BPOs shall follow the rules on venue under Sec. 409 of the Local Government
Code of 1991 and its implementing rules and regulations. An application for a
TPO or PPO may be filed in the regional trial court, metropolitan trial court,
municipal trial court, municipal circuit trial court with territorial jurisdiction over
the place of residence of the petitioner: Provided, however, That if a family
court exists in the place of residence of the petitioner, the application shall be
filed with that court.
Sec. 11. How to Apply for a Protection Order. – The application for a
protection order must be in writing, signed and verified under oath by the
applicant. It may be filed as an independent action or as incidental relief in
any civil or criminal case the subject matter or issues thereof partakes of a
violence as described in this Act. A standard protection order application form,
written in English with translation to the major local languages, shall be made
available to facilitate applications for protections order, and shall contain,
among other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and

respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as

specified in Sec. 8 herein;
(e) request for counsel and reasons for such;
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(f) request for waiver of application fees until hearing; and
(g) (g) an attestation that there is no pending application for a

protection order in another court.
If the applicants is not the victim, the application must be accompanied

by an affidavit of the applicant attesting to (a) the circumstances of the abuse
suffered by the victim and (b) the circumstances of consent given by the
victim for the filling of the application. When disclosure of the address of the
victim will pose danger to her life, it shall be so stated in the application. In
such a case, the applicant shall attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction, and shall
provide a mailing address for purpose of service processing.
An application for protection order filed with a court shall be considered

an application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the

preparation of the application. Law enforcement agents shall also extend
assistance in the application for protection orders in cases brought to their
attention.
Sec. 12. Enforceability of Protection Orders. – All TPOs and PPOs

issued under this Act shall be enforceable anywhere in the Philippines and a
violation thereof shall be punishable with a fine ranging from Five Thousand
Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.
Sec. 13. Legal Representation of Petitioners for Protection Order. – If

the woman or her child requests in the applications for a protection order for
the appointment of counsel because of lack of economic means to hire a
counsel de parte, the court shall immediately direct the Public Attorney's
Office (PAO) to represent the petitioner in the hearing on the application. If the
PAO determines that the applicant can afford to hire the services of a counsel
de parte, it shall facilitate the legal representation of the petitioner by a
counsel de parte. The lack of access to family or conjugal resources by the
applicant, such as when the same are controlled by the perpetrator, shall
qualify the petitioner to legal representation by the PAO.
However, a private counsel offering free legal service is not barred

from representing the petitioner.
Sec. 14. Barangay Protection Orders (BPOs); Who May Issue and
How. - Barangay Protection Orders (BPOs) refer to the protection order
issued by the Punong Barangay ordering the perpetrator to desist from
committing acts under Sec. 5 (a) and (b) of this Act. A Punong Barangay who
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receives applications for a BPO shall issue the protection order to the
applicant on the date of filing after ex parte determination of the basis of the
application. If the Punong Barangay is unavailable to act on the application for
a BPO, the application shall be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay Kagawad the order must be
accompanied by an attestation by the Barangay Kagawad that the Punong
Barangay was unavailable at the time for the issuance of the BPO. BPOs
shall be effective for fifteen (15) days. Immediately after the issuance of an ex
parte BPO, the Punong Barangay or Barangay Kagawad shall personally
serve a copy of the same on the respondent, or direct any barangay official to
effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any

proceeding before the Punong Barangay.
Sec. 15. Temporary Protection Orders. – Temporary Protection Orders

(TPOs) refers to the protection order issued by the court on the date of filing
of the application after ex parte determination that such order should be
issued. A court may grant in a TPO any, some or all of the reliefs mentioned
in this Act and shall be effective for thirty (30) days. The court shall schedule a
hearing on the issuance of a PPO prior to or on the date of the expiration of
the TPO. The court shall order the immediate personal service of the TPO on
the respondent by the court sheriff who may obtain the assistance of law
enforcement agents for the service. The TPO shall include notice of the date
of the hearing on the merits of the issuance of a PPO.
Sec. 16. Permanent Protection Orders. – Permanent Protection Order

(PPO) refers to protection order issued by the court after notice and hearing
Respondents non-appearance despite proper notice, or his lack of a lawyer,

or the non-availability of his lawyer shall not be a ground for rescheduling or
postponing the hearing on the merits of the issuance of a PPO. If the
respondents appears without counsel on the date of the hearing on the PPO,
the court shall appoint a lawyer for the respondent and immediately proceed
with the hearing. In case the respondent fails to appear despite proper notice,
the court shall allow ex parte presentation of the evidence by the applicant
and render judgment on the basis of the evidence presented. The court shall
allow the introduction of any history of abusive conduct of a respondent even
if the same was not directed against the applicant or the person for whom the
applicant is made.
The court shall, to the extent possible, conduct the hearing on the
merits of the issuance of a PPO in one (1) day. Where the court is unable to
conduct the hearing within one (1) day and the TPO issued is due to expire,
the court shall continuously extend or renew the TPO for a period of thirty (30)
days at each particular time until final judgment is issued. The extended or
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renewed TPO may be modified by the court as may be necessary or

applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Sec. 8
hereof in a PPO. A PPO shall be effective until revoked by a court upon
application of the person in whose favor the order was issued. The court shall
ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis
of the lapse of time between the act of violence and the filing of the
application.
Regardless of the conviction or acquittal of the respondent, the Court

must determine whether or not the PPO shall become final. Even in a
dismissal, a PPO shall be granted as long as there is no clear showing that
the act from which the order might arise did not exist.
17. Notice of Sanction in Protection Orders. – The following statement must

be printed in bold-faced type or in capital letters on the protection order issued
by the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
Sec. 18. Mandatory Period For Acting on Applications For Protection

Orders – Failure to act on an application for a protection order within the
reglementary period specified in the previous Sec. without justifiable cause
shall render the official or judge administratively liable.
Sec. 19. Legal Separation Cases. – In cases of legal separation, where

violence as specified in this Act is alleged, Article 58 of the Family Code shall
not apply. The court shall proceed on the main case and other incidents of the
case as soon as possible. The hearing on any application for a protection
order filed by the petitioner must be conducted within the mandatory period
specified in this Act.
Sec. 20. Priority of Application for a Protection Order. – Ex parte and

adversarial hearings to determine the basis of applications for a protection
order under this Act shall have priority over all other proceedings. Barangay
officials and the courts shall schedule and conduct hearings on applications
for a protection order under this Act above all other business and, if
necessary, suspend other proceedings in order to hear applications for a
protection order.
Sec. 21. Violation of Protection Orders. – A complaint for a violation of

a BPO issued under this Act must be filed directly with any municipal trial
court, metropolitan trial court, or municipal circuit trial court that has territorial
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jurisdiction over the barangay that issued the BPO. Violation of a BPO shall
be punishable by imprisonment of thirty (30) days without prejudice to any
other criminal or civil action that the offended party may file for any of the acts
committed.
A judgement of violation of a BPO ma be appealed according to the

Rules of Court. During trial and upon judgment, the trial court may motu
proprio issue a protection order as it deems necessary without need of an
application.
Violation of any provision of a TPO or PPO issued under this Act shall
constitute contempt of court punishable under Rule 71 of the Rules of Court,
without prejudice to any other criminal or civil action that the offended party
may file for any of the acts committed.
Sec. 22. Applicability of Protection Orders to Criminal Cases. – The

foregoing provisions on protection orders shall be applicable in impliedly
instituted with the criminal actions involving violence against women and their
children.
Sec. 23. Bond to Keep the Peace. – The Court may order any person
against whom a protection order is issued to give a bond to keep the peace,
to present two sufficient sureties who shall undertake that such person will not
commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be

detained for a period which shall in no case exceed six (6) months, if he shall
have been prosecuted for acts punishable under Sec. 5(a) to 5(f) and not
exceeding thirty (30) days, if for acts punishable under Sec. 5(g) to 5(i).
The protection orders referred to in this Sec. are the TPOs and the PPOs
issued only by the courts.
Sec. 24. Prescriptive Period. – Acts falling under Sec.s 5(a) to 5(f) shall
prescribe in twenty (20) years. Acts falling under Sec.s 5(g) to 5(i) shall
prescribe in ten (10) years.
Sec. 25. Public Crime. – Violence against women and their children
shall be considered a public offense which may be prosecuted upon the filing
of a complaint by any citizen having personal knowledge of the circumstances
involving the commission of the crime.
Sec. 26. Battered Woman Syndrome as a Defense. – Victim-survivors

who are found by the courts to be suffering from battered woman syndrome
do not incur any criminal and civil liability notwithstanding the absence of any
of the elements for justifying circumstances of self-defense under the Revised
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Penal Code.
In the determination of the state of mind of the woman who was

suffering from battered woman syndrome at the time of the commission of the
crime, the courts shall be assisted by expert psychiatrists/ psychologists.
Sec. 27. Prohibited Defense. – Being under the influence of alcohol,

any illicit drug, or any other mind-altering substance shall not be a defense
under this Act.
Sec. 28. Custody of children. – The woman victim of violence shall be

entitled to the custody and support of her child/children. Children below seven
(7) years old older but with mental or physical disabilities shall automatically
be given to the mother, with right to support, unless the court finds compelling
reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be

disqualified from having custody of her children. In no case shall custody of
minor children be given to the perpetrator of a woman who is suffering from
Battered woman syndrome.
Sec. 29. Duties of Prosecutors/Court Personnel. – Prosecutors and

court personnel should observe the following duties when dealing with victims
under this Act:
a) communicate with the victim in a language understood by the

woman or her child; and
b) inform the victim of her/his rights including legal remedies
available and procedure, and privileges for indigent litigants.
Sec. 30. Duties of Barangay Officials and Law Enforcers. – Barangay

officials and law enforcers shall have the following duties:
(a) respond immediately to a call for help or request for

assistance or protection of the victim by entering the necessary whether or not
a protection order has been issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the

perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their choice

or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the

house;
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(e) assist the barangay officials and other government officers

and employees who respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by

the Punong Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant when any

of the acts of violence defined by this Act is occurring, or when he/she has
personal knowledge that any act of abuse has just been committed, and there
is imminent danger to the life or limb of the victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of

the DSWD, social Welfare Department of LGUs or accredited non-
government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident
shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or
whenever applicable criminal, civil or administrative liability.
Sec. 31. Healthcare Provider Response to Abuse – Any healthcare

provider, including, but not limited to, an attending physician, nurse, clinician,
barangay health worker, therapist or counselor who suspects abuse or has
been informed by the victim of violence shall:
(a) properly document any of the victim's physical, emotional or

psychological injuries;
(b) properly record any of victim's suspicions, observations and

circumstances of the examination or visit;
(c) automatically provide the victim free of charge a medical certificate

concerning the examination or visit;
(d) safeguard the records and make them available to the victim upon
request at actual cost; and
(e) provide the victim immediate and adequate notice of rights and
remedies provided under this Act, and services available to them.
Sec. 32. Duties of Other Government Agencies and LGUs – Other

government agencies and LGUs shall establish programs such as, but not
limited to, education and information campaign and seminars or symposia on
the nature, causes, incidence and consequences of such violence particularly
towards educating the public on its social impacts.
It shall be the duty of the concerned government agencies and LGU's
to ensure the sustained education and training of their officers and personnel
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on the prevention of violence against women and their children under the Act.
Sec. 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or

the court hearing an application for a protection order shall not order, direct,
force or in any way unduly influence he applicant for a protection order to
compromise or abandon any of the reliefs sought in the application for
protection under this Act. Sec. 7 of the Family Courts Act of 1997 and Sec.s
410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply
in proceedings where relief is sought under this Act.
Failure to comply with this Sec. shall render the official or judge
administratively liable.
Sec. 34. Persons Intervening Exempt from Liability. – In every case of

violence against women and their children as herein defined, any person,
private individual or police authority or barangay official who, acting in
accordance with law, responds or intervenes without using violence or
restraint greater than necessary to ensure the safety of the victim, shall not be
liable for any criminal, civil or administrative liability resulting there from.
Sec. 35. Rights of Victims. – In addition to their rights under existing

laws, victims of violence against women and their children shall have the
following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of

Justice (DOJ) or any public legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for

under the Family Code; and
(e) To be informed of their rights and the services available to them

including their right to apply for a protection order.
Sec. 36. Damages. – Any victim of violence under this Act shall be
entitled to actual, compensatory, moral and exemplary damages.
Sec. 37. Hold Departure Order. – The court shall expedite the process
of issuance of a hold departure order in cases prosecuted under this Act
Sec. 38. Exemption from Payment of Docket Fee and Other Expenses.
– If the victim is an indigent or there is an immediate necessity due to
imminent danger or threat of danger to act on an application for a protection
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order, the court shall accept the application without payment of the filing fee
and other fees and of transcript of stenographic notes.
Sec. 39. Inter-Agency Council on Violence Against Women and Their

Children (IAC-VAWC). In pursuance of the abovementioned policy, there is
hereby established an Inter-Agency Council on Violence Against Women and
their children, hereinafter known as the Council, which shall be composed of
the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(k) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to

eliminate VAW based on their mandates as well as develop capability
programs for their employees to become more sensitive to the needs of their
clients. The Council will also serve as the monitoring body as regards to VAW
initiatives.
The Council members may designate their duly authorized

representative who shall have a rank not lower than an assistant secretary or
its equivalent. These representatives shall attend Council meetings in their
behalf, and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and regulations.
Sec. 40. Mandatory Programs and Services for Victims. – The DSWD,
and LGU's shall provide the victims temporary shelters, provide counseling,
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psycho-social services and /or, recovery, rehabilitation programs and

livelihood assistance.
The DOH shall provide medical assistance to victims.
Sec. 41. Counseling and Treatment of Offenders. – The DSWD shall

provide rehabilitative counseling and treatment to perpetrators towards
learning constructive ways of coping with anger and emotional outbursts and
reforming their ways. When necessary, the offender shall be ordered by the
Court to submit to psychiatric treatment or confinement.
Sec. 42. Training of Persons Involved in Responding to Violence

Against Women and their Children Cases. – All agencies involved in
responding to violence against women and their children cases shall be
required to undergo education and training to acquaint them with:
a. the nature, extend and causes of violence against women and their
children;
b. the legal rights of, and remedies available to, victims of violence
against women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to

offer protection and assistance; and
e. techniques for handling incidents of violence against women and

their children that minimize the likelihood of injury to the officer and promote
the safety of the victim or survivor.
The PNP, in coordination with LGU's shall establish an education and

training program for police officers and barangay officials to enable them to
properly handle cases of violence against women and their children.
] Sec. 43. Entitled to Leave. – Victims under this Act shall be entitled to
take a paid leave of absence up to ten (10) days in addition to other paid
leaves under the Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this
Sec. shall be penalized in accordance with the provisions of the Labor Code
and Civil Service Rules and Regulations. Likewise, an employer who shall
prejudice any person for assisting a co-employee who is a victim under this
Act shall likewise be liable for discrimination.
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Sec. 44. Confidentiality. – All records pertaining to cases of violence

against women and their children including those in the barangay shall be
confidential and all public officers and employees and public or private clinics
to hospitals shall respect the right to privacy of the victim. Whoever publishes
or causes to be published, in any format, the name, address, telephone
number, school, business address, employer, or other identifying information
of a victim or an immediate family member, without the latter's consent, shall
be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one
(1) year imprisonment and a fine of not more than Five Hundred Thousand
pesos (P500,000.00).
Sec. 45. Funding – The amount necessary to implement the provisions

of this Act shall be included in the annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated

agencies and LGU's shall be used to implement services for victim of violence
against women and their children.
Sec. 46. Implementing Rules and Regulations. – Within six (6) months
from the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the
DOH, and the PNP, and three (3) representatives from NGOs to be identified
by the NCRFW, shall promulgate the Implementing Rules and Regulations
(IRR) of this Act.
Sec. 47. Suppletory Application – For purposes of this Act, the Revised
Penal Code and other applicable laws, shall have suppletory application.
Sec. 48. Separability Clause. – If any Sec. or provision of this Act is

held unconstitutional or invalid, the other Sec.s or provisions shall not be
affected.
Sec. 49. Repealing Clause – All laws, Presidential decrees, executive

orders and rules and regulations, or parts thereof, inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Sec. 50. Effectivity – This Act shall take effect fifteen (15) days from the
date of its complete publication in at least two (2) newspapers of general
circulation.
Approved: March 08, 2004
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ANNEX Z9
REPUBLIC ACT NO. 9485 (ANTI-RED TAPE ACT OF 2007)
SEC. 1. RA 9485 became effective June 02, 2007 and its Implementing
Rules and Regulations were released last year. The law will become fully
effective this September 2009. Among the highlights of this law are (1)
limitation of signatories required for any document to only five; (2) limit of five
days for simple transactions and ten days for complex transactions; (3)
automatic renewal of licenses and permits if not acted upon within the
prescribed period; and (4) prohibition against irrelevant requirements. Posted
below is a primer on this law.
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the

State to promote integrity, accountability, proper management of public affairs
and public property as well as to establish effective practices aimed at the
prevention of graft and corruption in government. Towards this end, the State
shall maintain honesty and responsibility among its public officials and
employees, and shall take appropriate measures to promote transparency in
each agency with regard to the manner of transacting with the public, which
shall encompass a program for the adoption of simplified procedures that will
reduce red tape and expedite transactions in government.
SEC. 3. Coverage. - This Act shall apply to all government offices and
agencies including local government units and government-owned or -
controlled corporations that provide frontline services as defined in this Act.
Those performing judicial, quasi-judicial and legislative functions are excluded
from the coverage of this Act.
"Simple Transactions" refer to requests or applications

submitted by clients of a government office or agency which only require
ministerial actions on the part of the public officer or employee, or that which
present only inconsequential issues for the resolution by an officer or
employee of said government office.
"Complex Transactions" refer to requests or applications

submitted by clients of a government office which necessitate the use of
discretion in the resolution of complicated issues by an officer or employee of
said government office, such transaction to be determined by the office
concerned.
"Frontline Service" refers to the process or transaction between

clients and government offices or agencies involving applications for any
privilege, right, permit, reward, license, concession, or for any modification,
renewal or extension of the enumerated applications and/or requests which
are acted upon in the ordinary course of business of the agency or office
concerned.
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"Action" refers to the written approval or disapproval made by a

government office or agency on the application or request submitted by a
client for processing.
"Officer or Employee" refers to a person employed in a

government office or agency required to perform specific duties and
responsibilities related to the application or request submitted by a client for
processing.
"Irrevelant requirement" refer to any document or performance

of an act not directly material to the resolution of the issues raised in the
request or needed in the application submitted by the client.
"Fixer" refers to any individual whether or not officially involved

in the operation of a government office or agency who has access to people
working therein, and whether or not in collusion with them, facilitates speedy
completion of transactions for pecuniary gain or any other advantage or
consideration.
What is reengineering of systems and procedures under RA 9485?
SEC. 5 Reengineering of Systems and Procedures. - All offices and

agencies which provide frontline services are hereby mandated to regularly
undertake time and motion studies, undergo evaluation and improvement of
their transaction systems and procedures and re-engineer the same if
deemed necessary to reduce bureaucratic red tape and processing time.
SEC. 6. Citizen's Charter. - All government agencies including

departments, bureaus, offices, instrumentalities, or government-owned and/or
controlled corporations, or local government or district units shall set up their
respective service standards to be known as the Citizen's Charter in the form
of information billboards which should be posted at the main entrance of
offices or at the most conspicuous place, and in the form of published
materials written either in English, Filipino, or in the local dialect, that detail:
(a) The procedure to obtain a particular service;
(b) The person/s responsible for each step;
(c) The maximum time to conclude the process;
(d) The document/s to be presented by the customer, if
necessary;
(e) The amount of fees, if necessary; and
(f) The procedure for filing complaints.
Who is responsible for the implementation of RA 9485?
SEC. 7. Accountability of the Heads of Offices and Agencies. - The

head of the office or agency shall be primarily responsible for the
implementation of this Act and shall be held accountable to the public in
rendering fast, efficient, convenient and reliable service. All transactions and
processes are deemed to have been made with the permission or clearance
from the highest authority having jurisdiction over the government office or
Z9-2 RES TRIC TED

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agency concerned.
SEC. 8. Accessing Frontline Services. - The following shall be adopted

by all government offices and agencies:
(a) Acceptance of Applications and Request -

(1) All officers or employees shall accept written applications, requests,
and/or documents being submitted by clients of the office or agencies.
(2) The responsible officer or employee shall

acknowledge receipt of such application and/or request by writing or printing
clearly thereon his/her name, the unit where he/she is connected with, and the
time and date of receipt.
(3) The receiving officer or employee shall perform a

preliminary assessment of the request so as to promote a more expeditious
action on requests.
(b) Action of Offices -
(1) All applications and/or requests submitted shall be acted upon by
the assigned officer or employee during the period stated in the Citizen's
Charter which shall not be longer than five working days in the case of simple
transactions and ten (10) working days in the case of complex transactions
from the date the request or application was received. Depending on the
nature of the frontline services requested or the mandate of the office or
agency under unusual circumstances, the maximum time prescribed above
may be extended. For the extension due to nature of frontline services or the
mandate of the office or agency concerned the period for the delivery of
frontline services shall be indicated in the Citizen's Charter. The office or
agency concerned shall notify the requesting party in writing of the reason for
the extension and the final date of release for the extension and the final date
of release of the frontline service/s requested.
(2) No application or request shall be returned to the

client without appropriate action. In case an application or request is
disapproved, the officer or employee who rendered the decision shall send a
formal notice to the client within five working days from the receipt of the
request and/or application, stating therein the reason for the disapproval
including a list of specific requirement/s which the client failed to submit.
(c) Denial of Request for Access to Government Service - Any denial of

request for access to government service shall be fully explained in writing,
stating the name of the person making the denial and the grounds upon which
such denial is based. Any denial of request is deemed to have been made
with the permission or clearance from the highest authority having jurisdiction
over the government office or agency concerned.
(d) Limitation of Signatories - The number of signatories in any

document shall be limited to a maximum of five signatures which shall
represent officers directly supervising the office or agency concerned.
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(e) Adoption of Working Schedules to Serve Clients - Heads of

offices and agencies which render frontline services shall adopt appropriate
working schedules to ensure that all clients who are within their premises prior
to the end of official working hours are attended to and served even during
lunch break and after regular working hours.
(f) Identification Card - All employees transacting with the public

shall be provided with an official identification card which should be visibly
worn during office hours.
(g) Establishment of Public Assistance/Complaints Desk - Each

office or agency shall establish a public assistance/complaints desk in all their
offices.
SEC. 9. Automatic Extension of Permits and Licenses. - If a

government office or agency fails to act on an application and/or request for
renewal of a license, permit or authority subject for renewal within the
prescribed period, said permit, license or authority shall automatically be
extended until a decision or resolution is rendered on the application for
renewal: Provided, That the automatic extension shall not apply when the
permit, license, or authority covers activities which pose danger to public
health, public safety, public morals or to public policy including, but not limited
to, natural resource extraction activities.
SEC. 10. Report Card Survey. - All offices and agencies providing
frontline services shall be subjected to a Report Card Survey to be initiated by
the Civil Service Commission, in coordination with the Development Academy
of the Philippines, which shall be used to obtain feedback on how provisions
in the Citizen's Charter are being followed and how the agency is performing.
The Report Card Survey shall also be used to obtain information and/or
estimates of hidden costs incurred by clients to access frontline services
which may include, but is not limited to, bribes and payment to fixers.
A feedback mechanism shall be established in all agencies covered by

this Act and the results thereof shall be incorporated in their annual report.
SEC. 11. Violations. - After compliance with the substantive and

procedural due process, the following shall constitute violations of this Act
together with their corresponding penalties:
(a) Light Offense -

(1) Refusal to accept application and/or request within the prescribed
period or any document being submitted by a client;
(2) Failure to act on an application and/or request or

failure to refer back to the client a request which cannot be acted upon due to
lack of requirement/s within the prescribed period;
(3) Failure to attend to clients who are within the
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premises of the office or agency concerned prior to the end of official working
hours and during lunch
(4) Failure to render frontline services within the

prescribed period on any application and/or request without due cause;
(5) Failure to give the client a written notice on the

disapproval of an application or request; and
(6) Imposition of additional irrelevant requirements other

than those listed in the first notice.
Penalties for light offense shall be as follows:

First Offense - Thirty (30) days suspension without pay and mandatory
attendance in Values Orientation Program;
Second Offense - Three (3) months suspension without pay; and
Third Offense - Dismissal and perpetual disqualification from public

service.
(b) Grave Offense - Fixing and/or collusion with fixers in consideration of

economic and/or other gain or advantage.
Penalty - Dismissal and perpetual disqualification from public service.
SEC. 12. Criminal Liability for Fixers. - In addition to Sec. 11 (b), fixers,
as defined in this Act, shall suffer the penalty of imprisonment not exceeding
six years or a fine not less than Twenty Thousand Pesos (P20,000.00) but not
more than Two Hundred Thousand Pesos (P200,000.00) or both fine and
imprisonment at the discretion of the court.
SEC. 13. Civil and Criminal Liability, Not Barred. - The finding of
administrative liability under this Act shall not be a bar to the filing of criminal,
civil or other related charges under existing laws arising from the same act or
omission as herein enumerated.
SEC. 14. Administrative Jurisdiction. - The administrative jurisdiction on

any violation of the provisions of this Act shall be vested in either the Civil
Service Commission (CSC), the Presidential Anti-Graft Commission (PAGC)
or the Office of the Ombudsman as determined by appropriate laws and
issuances.
SEC. 15. Immunity; Discharge of Co-Respondent/Accused to be a

Witness. - Any public official or employee or any person having been charged
with another under this Act and who voluntarily gives information pertaining to
an investigation or who willingly testifies therefore, shall be exempt from
prosecution in the case/s where his/her information and testimony are given.
The discharge may be granted and directed by the investigating body or court
RES TRIC TED Z9-5

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upon the application or petition of any of the respondent/accused-informant

and before the termination of the investigation: Provided, That:
(a) There is absolute necessity for the testimony of the respondent/accused-
informant whose discharge is requested;
(b) There is no other direct evidence available for the proper

prosecution of the offense committed, except the testimony of said
respondent/accused-informant;
(c) The testimony of said respondent/accused-informant can be

substantially corroborated in its material points;
(d) The respondent/accused-informant has not been previously

convicted of a crime involving moral turpitude; and
(e) Said respondent/accused-informant does not appear to be

the most guilty.
Evidence adduced in support of the discharge shall automatically form

part of the records of the investigation. Should the investigating body or court
deny the motion or request for discharge as a witness, his/her sworn
statement shall be inadmissible as evidence.
SEC. 16. Iinplementing Rules and Regulations. – The Civil Service

Commission, in coordination with the Development Academy of the
Philippines (DAP), the Office of the Ombudsman and the Presidential Anti-
Graft Commission (PAGC), shall promulgate the necessary rules and
regulations within ninety (90) days from the effectivity of this Act.
SEC. 17. SeparabiIity Clause. - If any provision of this Act shall be

declared invalid or unconstitutional, such declaration shall not affect the
validity of the remaining provisions of this Act.
SEC. 18. Repealing Clause. - All provisions of laws,presidential
decrees, letters of instruction and other presidential issuances which are
incompatible or inconsistent with the provisions of this Act are hereby deemed
amended or repealed.
SEC. 19. Effectivity. - This Act shall take effect within fifteen (15) days
following its publication in the O&&l Gazette or in two national newspapers of
general circulation.
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ANNEX Z10
AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE,

RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS,
AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER
PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines

in Congress assembled:
Section 1. Short Title. - This Act shall be known as "The Anti-Rape Law
of 1997."
Sec. 2. Rape as a Crime Against Persons. - The crime of rape shall

hereafter be classified as a Crime Against Persons under Title Eight of Act
No. 3815, as amended, otherwise known as the Revised Penal Code.
Accordingly, there shall be incorporated into Title Eight of the same Code a
new chapter to be known as Chapter Three on Rape, to read as follows:
"Chapter Three
"Rape
Article 266-A. Rape: When And How Committed. - Rape is committed:
(1) By a man who shall have carnal knowledge of a woman

under any of the following circumstances:
(a)Through force, threat, or intimidation;
(b) When the offended party is deprived of reason or

otherwise unconscious;
(c) By means of fraudulent machination or grave abuse of

authority; and
(d) When the offended party is under twelve (12) years of

age or is demented, even though none of the circumstances mentioned above
be present.
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(2) By any person who, under any of the circumstances

mentioned in paragraph 1 hereof, shall commit an act of sexual assault by
inserting his penis into another person's mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of another person.
Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding

article shall be punished by reclusion perpetua.
"Whenever the rape is committed with the use of a deadly weapon or

by two or more persons, the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion of the rape, the victim has

become insane, the penalty shall become reclusion perpetua to death.
"When the rape is attempted and a homicide is committed by reason or

on the occasion thereof, the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion ofthe rape, homicide is committed,

the penalty shall be death.
"The death penalty shall also be imposed if the crime of rape is committed
with any of the following aggravating/qualifying circumstances:
(l) When the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or the common-law
spouse of the parent of the victim;
(2) When the victim is under the custody of the police or military
authorities or any law enforcement or penal institution;
(3) When the rape is committed in full view of the spouse, parent, any
of the children or other relatives within the third civil degree of consanguinity;
(4) When the victim is a religious engaged in legitimate religious

vocation or calling and is personally known to be such by the offender before
or at the time of the commission of the crime;
(5) When the victim is a child below seven (7) years old;
(6) When the offender knows that he is afflicted with the Human
Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome
(AIDS) or any other sexually transmissible disease and the virus or disease is
Z10-2 RES TRIC TED

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transmitted to the victim;
(7) When committed by any member of the Armed Forces of the

Philippines or para-military units thereof or the Philippine National Police or
any law enforcement agency or penal institution, when the offender took
advantage of his position to facilitate the commission of the crime;
(8) When by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation or disability;
(9) When the offender knew of the pregnancy of the offended party at
the time of the commission of the crime; and
(10) When the offender knew of the mental disability, emotional

disorder and/or physical handicap of the offended party at the time of the
commission of the crime.
"Rape under paragraph 2 of the next preceding article shall be

punished by prision mayor.
"Whenever the rape is committed with the use of a deadly weapon or

by two or more persons, the penalty shall be prision mayor to reclusion
temporal.
"When by reason or on the occasion of the rape, the victim has

become insane, the penalty shall be reclusion temporal.
"When the rape is attempted and a homicide is committed by reason or

on the occasion thereof, the penalty shall be reclusion temporal to reclusion
perpetua.
"When by reason or on the occasion ofthe rape, homicide is committed,

the penalty shall be reclusion perpetua.
"Reclusion temporal shall be imposed if the rape is committed with any

of the ten aggravating/ qualifying circumstances mentioned in this article.
"Article 266-C. Effect of Pardon. - The subsequent valid marriage

between the offended party shall extinguish the criminal action or the penalty
imposed.
"In case it is the legal husband who is the offender, the subsequent
forgiveness by the wife as the offended party shall extinguish the criminal
action or the penalty: Provided, That the crime shall not be extinguished or the
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penalty shall not be abated if the marriage is void ab initio.
"Article 266-D. Presumptions. - Any physical overt act manifesting

resistance against the act of rape in any degree from the offended party, or
where the offended party is so situated as to render her/him incapable of
giving valid consent, may be accepted as evidence in the prosecution of the
acts punished under Article 266-A."
Sec. 3. Separability Clause. - If any part, Sec., or provision of this Act is

declared invalid or unconstitutional, the other parts thereof not affected
thereby shall remain valid.
Sec. 4. Repealing Clause. - Article 336 of Act No. 3815, as amended,

and all laws, acts, presidential decrees, executive orders, administrative
orders, rules and regulations inconsistent with or contrary to the provisions of
this Act are deemed amended, modified or repealed accordingly.
Sec. 5. Effectivity. - This Act shall take effect fifteen (15) days after
completion of its publication in two (2) newspapers of general circulation.
Z10-4 RES TRIC TED

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GL OSS AR Y
Affinity – relationship by marriage or by ties other than those of blood

(distinguished from consanguinity).
Amnesty – general pardon for offenses especially political offenses, against a

government, often granted after any trial or correction to a class of person as
a whole Law; an act of forgiveness for past offenses, especially to a class of
persons as a whole.
Apathy – lack of interest in or concern for things that others find moving or
exciting; absence or suppression of passion, emotion, or excitement.
Appeal – a mode whereby a person petitions a court or body for a review of a

case or a particular issue to a higher tribunal.
Appointment – a position to which one is assigned, as by a high government

official.
Appropriation – an act of a legislature authorizing the treasury to pay money

for a specified use.
Assets – a usual and desirable thing or quantity; a single item of ownership; a

statement of reasons.
Attitude – position or posture of the body appropriate to or expressive of an

action.
Attraction – the power or an act of a person or thing to draw, attract, allure,

or entice.
Bribery – the act of practice of giving or accepting a bribe.
Civilian Authority – the power given to the elected President as

Commander-in-Chief.
Chain of Command – the flow of authority from the Commander-in-Chief

down to the Chief of Staff, AFP, and to the lowest rank in the hierarchy for
effective control, supervision, and authority of command as mandated by the
Constitution.
Chastity – the state or quality of being chaste; refraining from sexual

intercourse that is regarded as contrary to morality or religion; virtuous.
Code – a set of written or unwritten principles and fundamentals that govern

the way of life on an individual, group or organization.
Code of Ethics – a systematic collection or digest of all moral, ethical, and

legal principles and rules with which members of an institution, community or
RES TRIC TED 1

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profession freely and publicly bind themselves in order to achieve their

common role, duty, or purpose to society.
Competence – the quality of being competent; possession of required skills.
Consanguinity – relationship by descent from a common ancestor.
Constitutional Mandate – the authority and role specified by the Constitution

for the AFP.
Corollary – proposition that is incidentally proved in proving another

proposition; a natural consequence or result.
Corrupt – guilty of dishonest practices, as bribery; lacking integrity; to destroy

the integrity of cause to be dishonest; disloyal.
Core Values – the heart of ethical and moral standards.
Command Authority and Responsibility – the ethical, moral, and legal

basis of decisions and actions which a commander makes to accomplish his
mission.
Creed – statement of common beliefs, values, principles, commitments, and

aspirations.
Disloyalty – violation of allegiance or duty, as to a government; the quality of

being disloyal; lack of loyalty.
Discrimination – an act or treatment of making distinction in favor of or

against a person or thing based on the group or category where that person
or group belongs to, rather than on individual merit.
Dummy – a person who has nothing to say or who takes no active part in the
affairs.
Duty – the value of obedience and discipline in the performance and

responsibility despite difficulty and danger.
Echelons – a formation of troops; group of soldiers or individual vehicles.
Ethical – pertaining to or dealing with morals or the principles of morality.
Extortion – the crime of obtaining money or some other thing of value

through the abuse of one’s office or authority.
Exception – an objection, as to a ruling of the course of a trial.
Fraudulent – given to or using fraud, as a person; cheating; dishonest.
Frivolous – unconcerned about or lacking any serious purpose.
2 RES TRIC TED

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Immoral – violating moral principles; not conforming to the patterns of

conduct usually accepted or established as consistent with principles of
personal and social ethics.
Immunity – exemption to any natural or usual liability.
Impeachment – the presentation of formal charges against a public official by

the lower house; trial to be done before the upper house.
Enlightenment – awareness; guidance; understanding; wisdom.
Ethics – rules of conduct that differentiate what is right or wrong.
Executive Branch – one of the three (3) branches of government (Executive,

Legislative, and Judiciary) which administers and enforces the laws, and
implements the programs of government.
Hearing – a preliminary examination of the basic evidence and charges by a

magistrate to determine whether criminal procedure and trial are justified.
Historical Perspective – a frame of reference or overview of the significant

AFP events from its origin and development to the present.
Honesty – the quality or fact of being honest.
Honor – our crowning value as it is more precious than life itself; honesty,
fairness, or integrity in one’s beliefs and actions.
Infidelity – marital disloyalty; adultery; unfaithfulness.
Integrity – adherence to moral and ethical principles, soundness of moral

character.
Incriminate – to accuse of or present proof of a crime or fault; to involve in an

accusation.
Judgment – the ability to judge, make a decision, or form an opinion

objectively, authoritatively, and wisely, especially in matters affecting action.
Legal Authority – lawful mandate.
Gratuitously – being without apparent reason, cause, or justification; given

without receiving any return value.
Liabilities – debts or pecuniary obligation; detailed on or balance sheet,

especially in relation to assets and capital.
Liberality – breadth of mind; the quality or condition of being liberal in giving.
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Loyalty – an unflinching devotion to the nation; obedience to the mandate to

support and defend the constitution.
Malfeasance – the performance by public officials of an act that is legally

unjustified, harmful, or contrary to law; wrongdoing.
Malversation – improper or corrupt behavior in office, especially in public

office.
Mandate – a command or authorization to act in a particular way on a public

issue given by the electorate to its representative.
Misfeasance – the wrongful performance of a normally lawful act; the

wrongful, injurious exercise of a lawful authority.
Misconduct – improper conduct; wrong behaviour.
Misuse – to use wrongly or improperly; misapply; to treat badly or abusively.
Modest - having or showing a moderate or humble estimate of one’s merit.
Monetary – pertaining to money; pecuniary; pertaining to the coinage or

currency of a country.
Moral – concerned with the principles or rules of right conduct or the

distinction between right and wrong.
National Integrity – the completeness or decisiveness and oneness of the

nation.
National Interest – the reason for the existence and posterity of the nation.
National Territory – geographical area belonging to or under the jurisdiction

of the Republic of the Philippines.
Nationalism – devotion and loyalty to one’s own nation; patriotism.
Negligence – the failure to exercise a degree of care that is required in any

circumstances; the law requires for the protection of other persons or those
interest of other persons that may be seriously affected by the want of such
care.
Nominal – measured in an amount rather than in real value.
Ombudsman – a government official who hears and investigates complaints

by private citizens against other officials or government agencies.
Omission – the act of omitting; the state of being omitted; failure of a person
to perform an act which he can lawfully do under the circumstances.
4 RES TRIC TED

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Opportunity – a situation or condition favorable for attainment of a goal.
Patriotism – support and defense of one’s country.
Pecuniary – consisting of or given or exacted in money or monitory payment.
Penalty – a punishment imposed or incurred for a violation of law or rule;

something that is forfeited, as a sum of money.
Petition – application for a court order or for some judicial action.
Prescription – a long or immemorial use of some right with respect to a thing

so as to give a right to continue such use.
Perjury – the willful giving of false testimony under oath or affirmation before
a competent tribunal upon a point material to a legal inquiry.
Perpetual – continuing or enduring forever; everlasting; lasting an indefinitely

long time.
Plunder – an act of any public officer who, by himself or in connivance with

family members, relatives by affinity or consanguinity, business associates,
subordinates, or other persons, amasses, accumulates, or acquires ill-gotten
wealth through a combination or series of overt or criminal acts as described
in Section1 (d) hereof, in the aggregate amount or total value of at least
seventy five million pesos (Php 75,000,000.00)
Preamble – the introduction that states the reason and intent of the Code.
Principle Critiques – analysts, commentators, censurers, judges, or

reviewers who question issues, decisions, and practices based on scientific,
legal, moral, and ethical principles, theories, studies, values, and laws.
Profession of Arms – art and science of soldiery.
Professionalization – make into or establish as a profession.
Professional – expert application of knowledge and skills based on scientific

body of principles and knowledge, governed by this Code of Ethics, for the
accomplishment of the AFP’s mission.
Protector – defender; guardian
Public Servants – appointed or elected officials and employees of

government.
Public Trust and Respect – confidence and credibility.
Qualification – a circumstance or condition required by law or custom for

getting, having, or exercising a right, holding an office, or the like.
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Rationale – the fundamental reason or reasons serving to account for

something; a statement of reasons.
Restrictions – something that restricts; a restrictive condition or regulation;

limitation.
Sovereignty – the full power, autonomy and independence of a state.
Solidarity – the consolidating and integrating value to which all of us bind

ourselves with the rest of comrades-in-arms.
Supremacy of Civilian Authority – defines the authority of the President as

Commander-in-Chief of the AFP as specified by the Constitution.
Trivial – insignificant; ordinary.
Unprofessional Acts – those acts that are at variance with or contrary to

professional standards of ethics.
Valor – the power and strength, courage, and ability to overcome fear to carry
out the mission and accomplish what is seemingly impossible.
Value – a quality of a person, object, or action which an individual consistently

considers/professes in words and reflects in his life style in fulfillment of or
response to an inner image/dream/aspiration.
Values – the ideals; customs; institutions of a society toward which people of

a group have an effective regard; maybe positive like cleanliness, freedom,
education, or negative such as cruelty, crime, or blasphemy.
Vexatious – instituted without sufficient grounds and serving only to cause

annoyance to the defendant.
Wealth – a great quantity of money, valuable possessions, property, or other

riches; anything that has utility and is capable of being appropriated or
exchanged.
Way of Life – lifestyle or practice or manner of life.
WE, MEMBERS OF THE AFP – in this code, this refers principally to active
commissioned officers and enlisted personnel.
6 RES TRIC TED

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ABBREVIATION
AFPAGB – Armed Forces of the Philippines Anti-Graft Board.
AFPSOG – Armed Forces of the Philippines Special Operation Group.
AFPWSSU – Armed Forces of the Philippines Wide Service Support Units.
AGCPA – Anti-Graft and Corrupt Practices Agency.
AJA – Army Judge Advocate.
AMIC – Army Management Information Center.
CMO – Civil Military Operation.
CSAFP – Chief of Staff, Armed Forces of the Philippines.
DBIFC – Disclosure of Business Interest and Financial Connection.
DLO – Discipline, Law and Order.
DLOCC – Discipline Law and Order Clearance Certificate.
DLOIS – Discipline Law and Order Information System.
ESB – Efficiency and Separation Board.
HPA – Headquarters Philippine Army.
IGS – Inspector General Services.
JAGS – Judge Advocate General Service.
MCM – Manual of Court Martial.
MP – Military Police.
MILVED – Military Values Education.
OAAG – Office of the Army Adjutant General.
OACESPA – Office of the Army Chief Ethical Standards and Public

Accountability, Philippine Army.
OESPA – Office of Ethical Standards and Public Accountability, Philippine

Army.
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ORSITES – Operational Readiness, Security Inspections, Test and Evaluation

System.
OAAG – Office of the Army Adjutant General.
OAIG – Office of the Army Inspector General.
OAJAG – Office of the Army Judge Advocate General.
OAPM – Office of the Army Provost Marshal.
OMB-MOLEO – Office of the Deputy Ombudsman for the Military and Other
Law Enforcement Offices.
PM – Provost Marshal.
SALN – Statement of Assets, Liabilities and Net Worth.
TDCS – The Deputy Chief of Staff.
TI & E – Troop Information & Education.
TRADOC – Training and Doctrine Command.
2 RES TRIC TED

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R E STR IC T ED

PHILIPPINE ARMY MANUAL 1-15

Proponent: Office of the Ethical Standard, PA

PHILIPPINE ARMY MANUAL 1-15

on authority of the Commanding General, Philippine Army

LTGEN HERNANDO DCA IRIBERRI AFP

Commanding General, Philippine Army

2. Scope and Applicability

This Manual is a compilation of pertinent laws, regulations, policies and SOPs on

a. Anti-Graft and Corrupt Practices Act and Related Laws

The following references were used in this publication:

a. RA 3019 (Anti-Graft and Corrupt Practices Act)

g. Primer on the Proper Filing of Assets and Liabilities

Section Title Page

CHAPTER 1 – THE OESPA, PA

1-1 History of OESPA, PA 1-2

CHAPTER 2 – OTHER REGULATIONS, POLICIES & DIRECTIVES

Transitional OESPA Structure below the Major

Disposition of Rape, Sexual Harassment and other

CHAPTER 3– AFP CODE OF ETHICS

3-1 Contents of the Code of Ethics 3-1

CHAPTER 4- ACCOUNTABILITY OF PUBLIC OFFICERS UNDER THE 1987

Accountability of Public Officers

CHAPTER 5 – FILING OF ASSETS AND LIABILITIES

Filing of Statement of Assets, Liabilities and Net

Financial Analysis of SAL and Prosecution

6-1 SUMMARY 6-1

A STAFF MEMORANDUM NUMBER 06 A-1

REPUBLIC ACT NO. 1379, AN ACT DECLARING

Section 1-1 History of OESPA, PA

1. Background. The Office of Ethical Standards and Public

In 29 October 1992, OESPA, PA was reorganized in combining

Section 1-2 Responsibility

The Army Chief Ethical Standards and Public Accountability is a

RES TRIC TED 1-1

public accountability among military and civilian personnel in the pursuit of a

Section 1-3 Activation of Office

On 03 October 1991, General Orders No.828 was issued activating the

Figure 1.1 Organizational Structure

Section 1- 4 Office Functions

1. To inquire and investigate complaints/reports of violation by military

a. RA 6713 (Code of Conduct and Ethical Standards of Public

b. RA 3019, as amended (Anti-Graft and Corrupt practices Act);

c. RA 1379, as amended (an Act Declaring Forfeiture in favor of

d. Revised Penal Code, Title Seven, Crimes Committed by Public

1-2 RES TRIC TED

2. To file and pursue civil, criminal, and administrative cases related to

3. To collect, analyze, and compile all sworn Statements of Assets and

4. To conduct education and information dissemination program among

5. To pursue organizational development process in line with eradicating

6. To integrate and synthesize for the CG, PA all PA policies and

7. To carry out such other functions as CG, PA may direct.

1. Basic Function of the Army Chief, ESPA

a. Directly responsible to the Commanding General PA on matters

b. Advises the CG, PA on the status of graft cases and other

c. Directs and supervises the receipt, collection and evaluation of

d. Conducts periodic conferences on all problems, objectives,

e. Exercises overall supervision over the security system including

f. Submits periodic accomplishment report of the office to the CG,

RES TRIC TED 1-3

2. Basic Function of the Deputy Chief, ESPA

a. Assists the Chief in carrying out his duties and responsibilities

b. Responsible for the general supervision and in coordination of