Repercussions

The Code of Ethics and Professional Responsibility (RA 6713) states:

Section 5. Duties of Public Officials 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.

Yesterday, the President said:

x.x.x

Let me say to Sultan Jamalul Kiram III: I have just been made aware that a letter to me, from you, was sent through OPAPP in the very first weeks of my term, when we were organizing the government. Unfortunately, this letter was lost in the bureaucratic maze. Let me make clear that there was no intention to ignore your letter. Knowing this now, will you let your mistaken belief dictate your course of action?

Based on the foregoing, the President just admitted to a violation, though inadvertent, of the law.

Daily, in government offices all over the country, employees and officials are reminded of this imperative, to respond to letters and other means of communication. Such failure becomes a ground for administrative censure. In fact, the law states further:

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. Violations of Sections 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), or both, and, in the discretion of the court of competent jurisdiction, 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.
x.x.x

While the President is in no way liable for this – someone in the Presidential Management Staff would be — we would like to point out the repercussions of this administrative “lapse.”

A leader is called upon to set an example to his constituents. Regularly, this provision of the code of ethics and its implementing rules form the basis for administrative sanctions on members of the civil service who fail to comply with it. Its violation is difficult to defend and is pretty much cut and dried. Evidentiary weight is limited only to substantial evidence, much lighter than that of criminal cases which is proof of guilt beyond reasonable doubt.

In short, holding the rank and file and lower ranking officials liable for this administrative offense would rankle, if they can point out to the President’s actions as an example as a similar case. Even worse, imposing discipline on this kind of offense now because unfair if we allow it to go unpunished at the highest levels.

The solution therefore, is to find the person liable for inaction on this letter after the appropriate proceedings. On the other hand, some leeway must also be given to the Jamalul Ismail Kiram as the offended party. His group did bring the matter to the President’s attention. He did notify them that the heirs of the sultan of Sulu must not be excluded from the peace talks. In fact, an apology is in order, but not the half-hearted, part-of-the-tough-talk campaign to make Kiram’s followers toe the line. A real apology, and real action to take their needs into consideration and real inclusion in the peace talks. This is called restitution.

By: Atty. Trixie Cruz-Angeles
(Source : PSSST! Centro)







To know more about Trixie Cruz Angeles, check out: I AM TRIXIE CRUZ