CHAPTER SIX: DISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS

A. Constitutional Prohibitions
I. Disabilities of President, Vice-President, Members of Cabinet, and
their Deputies and Assistants
1. They shall not hold, unless otherwise provided in the Constitution,
any other office or employment;
2. They shall not practice any other profession;
3. They shall not participate, directly or indirectly, in any business;
4. They shall not be financially interested, directly or indirectly, in any
contract with, or in any franchise or special privilege granted by the
government or any subdivision, agency or instrumentality thereof
including any government-owned or controlled corporation or their
subsidiaries; and
5. They shall strictly avoid conflict of interest in the conduct of their
office.
II. Disabilities of the members of the Congress
1. No senator or member of the House of Representatives may hold
any other office or employment in the Government, or any subdivision,
agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his term without
forfeiting his seat;
2. Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which
he was elected;
3. No Senator or Member of the House of Representatives may
personally appear as counsel before any court of justice before the
Electoral Tribunals, or quasi-judicial and other administrative bodies;
4. Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by the
Government, or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled corporation, or its

subsidiary, during his term of office. He shall not intervene in any

matter before any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his office;
5. He shall not intervene in any cause or matter before any office of
the Government for his pecuniary benefit or where he may be called
upon to act on account of his office or to give his vote as a member of
the Congress.
III. Disqualifications to hold any other office or employment in the
government
1. Incompatible office This include any kind of office or employment
in the government, or any subdivision, agency, or instrumentality
thereof, including government-owned or controlled corporations or
their subsidiaries during his term. The phrase Any other office or
employment includes any position in the government outside of
Congress, including ex-officio membership of any non-congressional
body, committee or commission in any guise whatsoever, unless the
second office or employment is connected with or in aid of legislative
duites.
2. Forbidden office This refers to any office created or the
emoluments of which have been increased during the term for which
he was elected, not merely during his tenure or period of actual
insolvency.
IV. Prohibition against financial interest
1. Appearance as counsel before any court of justice, etc. A member
of congress shall not appear personally as counsel before any court of
justice or before the electoral tribunals or quasi-judicial and other
administrative bodies.
2. Financial interest in any contract with the government He shall not,
directly or indirectly, be interested financially in any contract with the
government, etc., during his term of office whether as an individual or
as a member of a partnership or as an officer of a corporation.
3. Financial interest in any special privilege by the government He
shall not, directly or indirectly, be interested financially in any franchise
or special privilege granted by the government, etc., during his term of
office.

4. Intervention in certain matter he shall not intervene in any cause

or matter before any office of the government for his pecuniary benefit
or where he may be called upon to act on account of his office or to
give his vote as member of Congress.
V. Disabilities of members of Constitutional Commission
1. No member of a Constitutional Commission shall, during his tenure,
hold any other office or employment.
2. Neither shall he engage in the practice of any profession or in the
active management or control of any business which in any way may
be affected by the functions of his office.
3. Nor he shall be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the
government, any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations or their
subsidiaries.
VI. Prohibition against designation of members of judiciary to
administrative positions
Article VIII Section 12
The members of the Supreme Court and of other courts established
by law shall not be designated to any agency performing quasi-judicial
or administrative functions.

VII. Prohibition against engaging in partisan political activities

Article IX-B, Section 2, par. 4
No officer or employee in the civil service shall engage, directly or
indirectly, in any electioneering or partisan political campaign.
Article XVI, Section 5, par. 3
Professionalism in the armed forces and other remuneration and
benefits of its members shall be a prime concern of the State. The
armed forces shall be insulated from partisan politics.

No member of the military shall engage directly or indirectly in any

partisan political activity, except to vote.

VIII. Prohibition against appointment of elective officials

Article IX, Section 7
xxx No elective official shall be eligible for appointment or designation
in any capacity to any public office or position during his tenure .

IX. Prohibition against holding more than one position by appointive

officials
Article IX-B, Section 7
Unless otherwise allowed by law or by the primary functions of his
position, no appointing official shall hold any other office or
employment in the Government or any subdivision, agency or
instrumentality thereof, including, government-owned or controlled
corporations or their subsidiaries.

X. Prohibition against acceptance of any present, etc. from any

foreign state
Article IX-B, Section 8
No elective or appointive public officer or employee shall xxx accept
without the consent of the Congress, any present, emolument, office,
or title of any kind from any foreign government.

XI. Prohibition against receiving additional, double, or indirect

compensation
Article IX-B, Section 8
No elective or appointive public officer or employee shall receive
additional, double or indirect compensation, unless specifically
authorized by law xxx.

Pensions and gratuities shall not be considered as additional, double or

indirect compensation.

XII. Prohibition against appointment of members of the armed

forces to certain positions
Article XVI, Section 5, par. 4
No member of the armed forces in the active service shall, at any
time, be appointed or designated in any capacity to a civilian position
in the Government including government-owned or controlled
corporations or any of their subsidiaries.

XIII. Prohibition against grant of loan, guaranty, or other form of

financial accommodation
Article XI, Section 16
No loan, guaranty, or other form of financial accommodation for any
business purpose may be granted, directly or indirectly, by any
government-owned or controlled bank or financial institution to the
President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, and the Constitutional Commissions, the
Ombudsman, or to any firm or entity in which they have controlling
interest, during their tenure.

B. Prohibitions Under Existing Laws

I.

CESO (PD 807)

a. Political Activity - No officer or employee in the Civil Service
including members of the Armed Forces, shall engage directly or
indirectly in any partisan political activity or take part in any
election except to vote nor shall he use his official authority or
influence to coerce the political activity of any other person or
body. Nothing herein provided shall be understood to prevent any
officer or employee from expressing his views on current political
problems or issues, or from mentioning the names of candidates

for public office whom he supports: Provided, That public officers

and employees holding political offices may take part in political
and electoral activities but it shall be unlawful for them to solicit
contributions from their subordinates or subject them to any of
the acts involving subordinates prohibited in the Election Code.
b. Additional or Double Compensation- No elective or appointive
public officer or employee shall receive additional or double
compensation unless specifically authorized by law nor accept
without the consent of the President, any present, emolument,
office, or title of any kind from any foreign state.
c. Limitation on Employment of Laborers- Laborers, whether skilled,
semi-skilled or unskilled, shall not be assigned to perform clerical
duties.
d. Prohibition on Detail or Reassignment- No detail or reassignment
whatever shall be made within three (3) months before any
election.
e. Nepotism - All appointments made in favor of a relative of the
appointing or recommending authority, or of the chief of the
bureau or office, or of the persons exercising immediate
supervision over him, are hereby prohibited.
II.

LGU Officers
a. Business and Pecuniary interest
i. Business transaction with local government unit in which
he is an official or employee over which he has the power
of supervision, or with any of its authorized board, official,
agents, or attorneys, whereby money is to be [paid or
property or any other thing of value is to be transferred
directly or indirectly out of the resources of the LGU unit to
such person or firm.
ii. Cockpits
iii. Forfeited real estate in favor of LGU for unpaid taxes or by
virtue of a legal process at the instance of the said LGU.
iv. Use of Public property for private purposes
v. ETC.
b. Practice of Profession
i. those member of the Bar
1. Appear as counsel before any court in any civil and
criminal cases case wherein a local LGU or any office,
agency or instrumentality is the adverse party
2. Collect any fee for their appearance in admin
proceedings involving LGU of which he is an official

3. Use property or personnel of government except

when the SB member concerned is defending the
interest of the Govt
4. LGU official in medical profession may exercise
profession even during official hours of work during
emergencies provided that the official concerned do
not derive monetary compensation.
c. Partisan Political Activity
III.

Property in Public Auctions

The following persons cannot acquire by purchase, even at a
public or judicial auction, either in person or through the
mediation of another:
(1) The guardian, the property of the person or persons who may
be under his guardianship;
(2) Agents, the property whose administration or sale may have
been entrusted to them, unless the consent of the principal has
been given;
(3) Executors and administrators, the property of the estate
under administration;
(4) Public officers and employees, the property of the State or of
any subdivision thereof, or of any government-owned or
controlled corporation, or institution, the administration of which
has been entrusted to them; this provision shall apply to judges
and government experts who, in any manner whatsoever, take
part in the sale;
(5) Justices, judges, prosecuting attorneys, clerks of superior and
inferior courts, and other officers and employees connected with
the administration of justice, the property and rights in litigation
or levied upon an execution before the court within whose
jurisdiction or territory they exercise their respective functions;
this prohibition includes the act of acquiring by assignment and
shall apply to lawyers, with respect to the property and rights
which may be the object of any litigation in which they may take
part by virtue of their profession.
(6) Any others specially disqualified by law.

The prohibitions in the two preceding articles are applicable to

sales in legal redemption, compromises and renunciations.
IV.

V.

BSP
a. Outside the interest of the Gov and Full time monetary board
members
b. Personnel (Anti Graft and Code of Ethical Standards)
BIR
a. Unlawful divulgence of trade secrets (PD 1158 sec 269)
b. Unlawful interest of revenue law enforcers in business. (PD 1158
sec 270)

VI.

Anti-Graft
a. Influencing other public officer to perform an offense in
connection with official duties
b. Requesting or receiving any gift in connection with his official
duties
c. Causing any undue injury to any party
d. Entering on behalf of the Govt into a contract to the
disadvantage of another
e. Having financial or pecuniary interest in any business which is
prohibited by law
f. Becoming interested for personal gain in any transaction
requiring the approval of the board or company
g. Approving or granting any license or permit in favor of any
person known to him to be not qualified or legally entitled to
such license

VII.

Code of Conduct and Ethical Standards

(a) Public officials 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 a private
enterprise which has a regular or pending official transaction
with their office.
These prohibitions shall continue to apply for a period of one (1)
year after resignation, retirement, or separation from public
office, except in the case of subparagraph (b) (2) above, but the
professional concerned cannot practice his profession in
connection with any matter before the office he used to be with,
in which case the one-year prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information. - Public
officials 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.
VIII.

Divestment (RA 6713, sec 3, f,g,I,j,k)

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 shareholdings or
interest within sixty (60) days from such assumption.
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 nor to laborers and casual or
temporary workers.
a) "Conflict of interest" arises when a public official or
employee is a member of a board, an officer, or a
substantial stockholder of a private corporation or owner or
has a substantial interest in a business, and the interest of
such corporation or business, or his rights or duties therein,
may be opposed to or affected by the faithful performance
of official duty.
b) "Substantial stockholder" means any person who owns,
directly or indirectly, shares of stock sufficient to elect a
director of a corporation. This term shall also apply to the
parties to a voting trust.
c) "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.
d) "Relatives" refers 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.
e) "Family of public officials or employees" means their
spouses and unmarried children under eighteen (18) years
of age.