A. Memorandum Circular No. 17 (4 September 1986)
xxxxx
The authority to grant permission to any
official or employee shall be granted by the head of the ministry or agency
in accordance with Section 12, Rule XVIII of the Revised Civil Service
Rules, which provides:
"Sec. 12. No officer or employee shall engage directly
in any private business, vocation, or profession or be connected with any
commercial, credit, agricultural, or industrial undertaking without a written permission from the head
of Department; Provided, That his prohibition will be absolute in the
case of those officers and employees whose duties and responsibilities
require that their entire time be at the disposal of the Government:
Provided, further, That if an employee is granted permission to engage in
outside activities, the time so devoted outside of office hours should be
fixed by the chief of the agency to the end that it will not impair in any
way the efficiency of the officer or employee: And provided, finally, That no
permission is necessary in the case of investments, made by an officer or
employee, which do not involve any real or apparent conflict between his
private interests and public duties, or in any way influence him in the discharge
of his duties, and he shall not take part in the management of the enterprise
or become an officer or member of the board of directors",
Subject to any additional conditions which the head of the office deems necessary in each particular case in the interest of the service, as expressed in the various issuances of the Civil Service Commission. (Emphasis Supplied)
B.Republic Act 6713 (s. 1989)
|
xxxxx
“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) xxxxx.
(b) Outside employment and other activities
related thereto. - Public officials and employees during their incumbency shall
not:
(1) xxxxx
(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 (Emphasis Supplied)
xxxxx
C. Rules
Implementing the Code of Conduct and Ethical Standards for Public Officials and
Employees (RA 6713)
Grounds for Administrative
Disciplinary Action
Section 1. In addition to the grounds for administrative disciplinary action prescribed under existing laws, the acts and omissions of any official or employee, whether or not he holds office or employment in a casual, temporary, hold-over, permanent or regular capacity, declared unlawful or prohibited by the Code, shall constitute grounds for administrative disciplinary action, and without prejudice to criminal and civil liabilities provided herein, such as:
xxxx;
(c) Engaging in the private practice of his profession unless authorized by the Constitution, law or regulation, provided that such practice will not conflict or tend to conflict with his official functions; (Emphasis Supplied)
D. Revised Rules on
Administrative Cases (RRACs) in the Civil Service (December 2011)
a.4.1 Rule 10, Section 46 (B)(8)
Conduct Prejudicial to the Best Interest of the Service
Grave Offense
Penalty:
First Offense: Punishable of
suspension of Six Months and one
day to One year
Second Offense: Dismissal
from the Service
a.4.2 Rule 10, Section 46 (F)(3), (15)
(3) Violation of reasonable office rules and regulations;
(15) Engaging
in private practice of his/her profession unless authorized by the
Constitution, law or regulation, provided that such practice will not conflict
with his/her official functions.
Light Offense
Penalty:
First Offense: Reprimand
Second Offense: Suspension
of One (1) to
Thirty (30) days
Thirty (30) days
Third Offense: Dismissal
from the Service
