EXECUTIVE ORDER NO. 317 November 9, 2000
PRESCRIBING A CODE OF CONDUCT FOR RELATIVES AND CLOSE PERSONAL RELATIONS OF THE PRESIDENT, VICE-PRESIDENT AND MEMBERS OF THE CABINET
Whereas, the President, Vice President and Members of the Cabinet are duty bound to follow the highest standard of ethics in public service.
Whereas, the duty of the President, Vice President, and Members of the Cabinet extends also to those related to them by consanguinity, affinity, intimacy or close personal relations, who must conduct themselves in a manner which would not cast doubt on the integrity and impartiality of the President, Vice President and Members of the Cabinet.
Whereas, there is a need to remove whatever public perception that relatives and close personal relations of the President, Vice President and Members of the Cabinet are or may be taking undue advantage of such relationship to obtain unwarranted advantage and benefits from the government.
Whereas, even without deliberately capitalizing, exploiting or taking advantage of their family or close personal relations with the President, Vice President and Members...
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Executive Orders
Prescribing a Code of Conduct for Relatives and Close Personal Relations of the President, Vice-President and Members of the Cabinet
Executive Order No. 317
Summary of Executive Order No. 317
Definition of Terms (Section 1):
- "Relative" refers to persons related to the President, Vice President, and Cabinet Members within the fourth civil degree of consanguinity or affinity, including their offspring and the parents of such offspring.
- "Close Personal Relation" means any person enjoying close association or intimacy with the President, Vice President, and Cabinet Members, such as political contributors, personal friends, and former schoolmates.
- "Gift" refers to anything given gratuitously, including simulated sales or ostensibly onerous dispositions, but excludes unsolicited gifts of nominal or insignificant value not given in anticipation of a favor.
- "Government" includes the national government, local governments, government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Philippines.
- "Receiving any gift" includes accepting, directly or indirectly, a non-nominal or non-insignificant gift from a non-family member, even on occasions like Christmas, if given in anticipation of or in exchange for a favor.
- "Loan" covers simple loans, commodatum, guarantees, financing arrangements, or accommodations intended to ensure approval.
- "Person" includes natural and juridical persons.
- "Public Official" includes elective and appointive officials and employees, permanent or temporary, in the career or non-career service, including military and police personnel, whether or not they receive compensation.
Prohibited Acts and Transactions (Section 2):
- Soliciting or accepting funds, gifts, gratuities, favors, entertainment, loans, or anything of monetary value from any person or corporation. (Section 2a)
- Persuading, inducing, or influencing another public official to perform an act violating rules and regulations or an offense in connection with their official duties. (Section 2b)
- Directly or indirectly engaging in transactions with the Government, particularly government financial institutions ("GFIs"), including securing any loan or accommodation from such GFIs. (Section 2c)
- Exerting undue influence, directly or indirectly, on the outcome of public biddings for government contracts. (Section 2d)
- Directly or indirectly having financial or pecuniary interest in any business, contract, or transaction with the Government. (Section 2e)
- Using the name of the President, Vice President, or Cabinet Members, directly or through another person not related to them, to obtain any contract, favor, or other benefit from the government. (Section 2f)
Simple Living (Section 3):
- Relatives and Close Personal Relations shall lead modest lives appropriate to their positions and income, and shall not indulge in extravagant and ostentatious display of wealth in any form.
Prohibition on Government Financial Institutions (Section 4):
- GFIs are prohibited from increasing their equity or investing their funds for purposes of conferring a seat as director to a Relative or Close Personal Relation by means of increasing capital or equity or through any other means.
Lawful Exercise of Profession (Section 5):
- This Executive Order shall not cover lawful acts of persons considered as a Relative or Close Personal Relation who have been engaged in the traditional, established, and lawful exercise of their profession, business, or trade.
Penalties for Violations (Section 6):
- In addition to criminal liabilities provided for by existing laws, all agreements, contracts, and any prohibition herein shall be deemed void and of no effect.
- Any government official or employee who shall tolerate or conspire with any Relative or Close Personal Relation in violation of this Executive Order shall be subject to suspension or removal from office as determined by the President following an investigation of such violation.
Definition of Terms (Section 1):
- "Relative" refers to persons related to the President, Vice President, and Cabinet Members within the fourth civil degree of consanguinity or affinity, including their offspring and the parents of such offspring.
- "Close Personal Relation" means any person enjoying close association or intimacy with the President, Vice President, and Cabinet Members, such as political contributors, personal friends, and former schoolmates.
- "Gift" refers to anything given gratuitously, including simulated sales or ostensibly onerous dispositions, but excludes unsolicited gifts of nominal or insignificant value not given in anticipation of a favor.
- "Government" includes the national government, local governments, government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Philippines.
- "Receiving any gift" includes accepting, directly or indirectly, a non-nominal or non-insignificant gift from a non-family member, even on occasions like Christmas, if given in anticipation of or in exchange for a favor.
- "Loan" covers simple loans, commodatum, guarantees, financing arrangements, or accommodations intended to ensure approval.
- "Person" includes natural and juridical persons.
- "Public Official" includes elective and appointive officials and employees, permanent or temporary, in the career or non-career service, including military and police personnel, whether or not they receive compensation.
Prohibited Acts and Transactions (Section 2):
- Soliciting or accepting funds, gifts, gratuities, favors, entertainment, loans, or anything of monetary value from any person or corporation. (Section 2a)
- Persuading, inducing, or influencing another public official to perform an act violating rules and regulations or an offense in connection with their official duties. (Section 2b)
- Directly or indirectly engaging in transactions with the Government, particularly government financial institutions ("GFIs"), including securing any loan or accommodation from such GFIs. (Section 2c)
- Exerting undue influence, directly or indirectly, on the outcome of public biddings for government contracts. (Section 2d)
- Directly or indirectly having financial or pecuniary interest in any business, contract, or transaction with the Government. (Section 2e)
- Using the name of the President, Vice President, or Cabinet Members, directly or through another person not related to them, to obtain any contract, favor, or other benefit from the government. (Section 2f)
Simple Living (Section 3):
- Relatives and Close Personal Relations shall lead modest lives appropriate to their positions and income, and shall not indulge in extravagant and ostentatious display of wealth in any form.
Prohibition on Government Financial Institutions (Section 4):
- GFIs are prohibited from increasing their equity or investing their funds for purposes of conferring a seat as director to a Relative or Close Personal Relation by means of increasing capital or equity or through any other means.
Lawful Exercise of Profession (Section 5):
- This Executive Order shall not cover lawful acts of persons considered as a Relative or Close Personal Relation who have been engaged in the traditional, established, and lawful exercise of their profession, business, or trade.
Penalties for Violations (Section 6):
- In addition to criminal liabilities provided for by existing laws, all agreements, contracts, and any prohibition herein shall be deemed void and of no effect.
- Any government official or employee who shall tolerate or conspire with any Relative or Close Personal Relation in violation of this Executive Order shall be subject to suspension or removal from office as determined by the President following an investigation of such violation.