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All officials and employees of the DOST System are hereby directed to observe the Code of Conduct and Ethical Standards for Officials and Employees of the Department of Science and Technology System, herewith attached as Annex A, which was published in the Official Gazette on 24 October 2005.

Adopted: 14 Nov. 2005

(SGD.) ROGELIO A. PANLASIGUI
Undersecretary for R & D and Officer-in-Charge,
Office of the Secretary

Code of Conduct and Ethical Standards for Officials and Employees
of the Department of Science and Technology System

Background

The varied functions and wide range of services which the Department of Science and Technology (DOST) is mandated to deliver, necessitate the adoption of norms of conduct that shall guide specifically DOST personnel in the performance of their official duties and responsibilities in accordance with the Constitutional declaration that a public office is a public trust and all public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, loyalty and efficiency, act with patriotism and justice, and lead modest lives. This Code aims to prescribe clear directions for acceptable standards of conduct and workplace behavior required of DOST personnel to effectively achieve the goals of the Department. Towards this end, this Code of Conduct and Ethical Standards for Officials and Employees of the DOST System is hereby formulated and promulgated.

This Code is in conformity with Republic Act No. 6713, known as the Code of Conduct and Ethical Standards for Public Officials and Employees and its implementing rules and regulations and Republic Act No. 8439, known as the "Magna Carta for Scientists, Engineers, Researchers and Other Science and Technology Personnel in government" and its implementing rules and regulations.

Rule I
Coverage

This Code of Conduct and Ethical Standards shall apply to all officials and employees of the Department of Science and Technology System (DOST personnel for brevity) regardless of their employment status. This Code of Conduct continues to apply to DOST personnel while on suspension or leave of absence (with or without pay)

Rule II
Definition of Terms

SECTION 1. For purposes of this Code, the following terms shall be defined as follows:

1.1 DOST or Department - refers to the Department of Science and Technology as an institution created under Executive Order No. 128.

1.2 DOST System - refers to the Office of the Secretary, its regional offices and the attached agencies, consisting of the sectoral councils, research and development institutes, service institutes, and advisory bodies of the Department of Science and Technology.

1.3 Agency Head - refers to the Council Executive Directors, Institute Directors, or Regional Director, as the case may be.

1.4 Confidential information - refers to information or data not intended to be treated as public document/record. This may include notes, drafts, results of experiments, research papers, or technical reports, internal discussions, internal memoranda, pending cases, records of internal deliberations, and similar papers.

1.5 Immediate family - shall include the following whether related by blood or adoption: (a) spouse, (b) children, (c) brother, (d) sister, (e) parent, (f) grandparent, (g) grandchildren.

1.6 Common-law-relations - shall include the spouse and the children arising from the relationship without the benefit of marriage.

1.7 Primary employment - refers to employment of a person in the DOST System as evidenced by an appointment paper issued for the purpose. Due to such appointment, an employee-employer relationship has been established thus, the person concerned is expected to render full-time service to the DOST System.

1.8 Outside employment - refers to all types of employment not falling under the definition of primary employment.

Rule III
Guiding Principles

SECTION 1. DOST personnel shall take pride of their employment in the Department of Science and Technology System as the government entity charged with the twin mandate of providing central direction, leadership and coordination of scientific and technological activities, and in formulating policies, programs and projects to support national development.

For this purpose, DOST personnel shall endeavor to observe the following guiding principles:

1.1 Extend full cooperation and support towards the fulfillment of national scientific and technological goals and objectives;

1.2 Provide appropriate and prompt services to the clientele using the highest degree of efficiency and effectiveness in extending the needed scientific and technological support;

1.3 Take every opportunity to improve, develop and upgrade their knowledge and skills to attain excellence in the performance of their functions; and

1.4 Safeguard the legitimate interests, good reputation and dignity of the DOST System and that of their colleagues.

Rule IV
Standards of Conduct

SECTION 1. DOST Personnel shall adopt the following values in the performance of their functions:

1.1 God-fearing and humane by:

1.1.1 Upholding the sanctity of human life and under no circumstance, directly or indirectly participating in unlawful acts to curtail human life; and

1.1.2 Giving respect to every individual, recognizing that every human being is unique and made in the image of the Divine Creator.

1.2 Uphold their personal integrity and that of their colleagues by:

1.2.1 Taking pride in being a public servant and endeavor to be a role model for a respectable and modest life;

1.2.2 Effectively and efficiently performing their duties and responsibilities to produce quality output;

1.2.3 Undertaking official functions to the best of one's ability and in the spirit of good faith and well-meaning;

1.2.4 Sharing their knowledge and expertise with others without regard for compensation, and also encourage the professional development of their peers;

1.2.5 Exercising good judgement to avoid engaging in conduct that others may perceive as harassment;

1.2.6 Not using their position to obtain personal favors, unwarranted benefits, privileges or exemptions for themselves or for others; and not claiming authority or expertise over matters beyond their competence or capability.

1.3 Exercise fairness by:

1.3.1 Treating all persons equally, without bias to gender, social class, education, physical or mental capabilities, political or religious affiliation.

1.3.2 Making professional, administrative or technical judgments in favor of the common good and the less privileged, taking into consideration overall cost most advantageous to the government.

1.4 Exercise generosity in spirit and deed by:

1.4.1 Seeking opportunities to be of service to their superiors, clients and peers.

1.4.2 Voluntarily offering their expertise and services where and when they are most needed especially during emergencies and situations demanding additional human resource and hours of work.

1.5 Exercise courage to protect the interest of the public by:

1.5.1 Readily taking the risks necessary to perform their duties and functions in DOST.

1.5.2 Protecting known and accepted ideals in public service and observe rules, and regulations and standards promulgated by the duly constituted authority without fear or favor.

1.5.3 Asserting their rights and privileges as a public servant when necessary.

Rule V
Duties and Obligations

SECTION 1. DOST personnel are bound to perform the following duties and obligations in addition to those embodied under Rule VI (Sections 1 to 8) of the Code of Conduct and Ethical Standards for Public Officials and Employees:

TO THE PUBLIC

1.1 DOST personnel shall recognize that public office is a public trust. Thus, they shall seek to maintain and enhance public confidence in the integrity of public administration, and to advance the common good. They shall not use their official powers or position improperly, or allow them to be improperly used. They shall also ensure that any conflict between their personal interest and official duties is resolved in favor of the public interest. DOST personnel shall disclose fraud, corruption and mal-administration of which they are aware.

1.2 DOST personnel shall at all times perform official duties properly and with diligence. They shall commit themselves exclusively to the business and responsibilities of their office during working hours. In the performance of their official duties, they shall act responsively by treating members of the public courteously, honestly, fairly and with proper regard for their rights and obligations.

1.3 DOST personnel, in performing official duties, shall not discriminate nor manifest bias or prejudice based on gender, religion, national and ethnic origin, perceived economic status, or political affiliation by word or conduct.

1.4 DOST personnel shall maintain cordial and professional relationship with their clients at all times.

1.5 DOST personnel shall not alter, falsify, destroy or mutilate any record within their control. In the event that amendment, correction, intercalation or expungement of records or documents shall be effected, such actions shall be in pursuant to a lawful order of the agency head.

1.6 DOST personnel shall immediately act on a written request, petition, or motion, whether verbal or written, and in no case be made beyond fifteen (15) days from receipt of the request, petition or motion, except when otherwise provided by law and/or rules.

TO CO-WORKERS

1.1 DOST personnel shall maintain harmonious relationship with their co-workers. They shall avoid intriguing the honor of their colleagues or pry on their private lives.

1.2 DOST personnel shall not hesitate to seek assistance from and consult with their colleagues whenever necessary, for their common benefits.

1.3 DOST personnel shall demonstrate sense of urgency and flexibility in adapting to new challenges.

1.4 DOST personnel shall at all times be willing to share their expertise and knowledge with their colleagues.

1.5 DOST personnel shall be decent and modest at all times in physical and verbal contact to avoid cases that may lead to harassment.

TO THE GOVERNMENT

1.1 DOST personnel shall ensure that services are delivered to the intended beneficiaries promptly, effectively and efficiently.

1.2 DOST personnel shall help improve and maintain a scientifically and technologically informed population, which contributes to socio-economic development and well-being of the country.

1.3 DOST personnel shall pay all taxes due the government.

1.4 DOST personnel shall properly and efficiently use all equipment and facilities provided to them for an effective delivery of scientific and technological services. They must ensure that public resources are not wasted, abused or used improperly or extravagantly.

1.5 DOST personnel shall ensure proper and efficient use of official time, government money, properties and facilities.

1.6 DOST personnel shall strive to keep themselves abreast with the programs of government, especially those related to science and technology, global business and technology trends, such that they are able to discuss them intelligently at any given time. They shall always strive for excellence in the performance of their duties and responsibilities as public servants.

Rule VI
Confidentiality

DOST personnel shall have the responsibility to ensure confidentiality of information to avoid unnecessary access and disclosure. They shall not disclose to any unauthorized person any confidential information they acquired while employed or after their employment with the DOST System whether such information came from authorized or unauthorized sources. Confidential information available to specific individuals by reason of statute, rule or administrative policy shall only be disclosed by persons authorized to do so. Unless expressly authorized by the designated authority, DOST personnel shall not disclose confidential information given by applicants, witnesses or any person.

Rule VII
Conflict of Interest and Other Prohibited Acts

SECTION 1. DOST personnel shall avoid conflict of interest in the performance of their official duties at all times. For this purpose, in addition to the circumstances as enumerated under Rule IX (Conflict of Interest and Divestment) of the Implementing Rules and Regulations of R.A. No. 6713, conflict of interest may exist when:

1.1 Objectivity or independence of judgment of DOST personnel in the performance of an official act or duty is impaired or appear to be impaired, for reasons that the personnel concerned, their immediate family, common-law relations, business or other financial interest may benefit or gain from such official act.

1.2 DOST personnel, their immediate family, common-law relations, applied for grants-in-aid from DOST to finance a project or activity they are undertaking:

Provided that no conflict of interest may be construed to exist when any benefits accruing to the DOST personnel as member of a profession, business or group are also given to other members of such profession, or business group who are not holding a position nor employed with DOST in any capacity;

Provided further that there is no conflict of interest that may arise on the part of DOST personnel (S & T personnel) who are rendering consultancy service pursuant to

Rule IV (Consultancy Services and Detail to Private Sector) of the Implementing Rules and Regulations of R.A. No. 8439 subject to the following conditions:

1.2.1 The consultancy service shall be approved by the Secretary of the DOST;

1.2.2 The consultancy work does not jeopardize or adversely affect the operations or activities of the mother agency; and

1.2.3 Full disclosure of the terms and conditions including remunerations and benefits received from both the mother agency and the consulting institution shall be made by the personnel concerned.

SECTION 2. DOST personnel shall be prohibited from:

2.1 Entering into any contract with DOST System for services, lease or sale of property apart from the employment contract relating to their position as well as using their positions to assist any member of their immediate family in securing a contract with the DOST System.

2.2 Receiving tips or other remuneration for assisting or attending to parties who are engaged in transactions or involved in actions or proceedings with the DOST System.

2.3 Soliciting or accepting any gift, loan, gratuity, discount, favor, hospitality, service or benefit under any circumstances from any person who has transactions with the DOST System, or any person acting for or in behalf of said person.

SECTION 3. Nothing in this Code shall prohibit DOST personnel from (a) accepting invitations to, or attending social functions in relation to their official duties; (b) accepting a public award presented in recognition of public services; (c) receiving a commercially reasonable loan made as part of the ordinary transaction of the lender's business; (d) donating money, materials or equipment to the DOST System for the benefit of a DOST program, project, activity, or a group of personnel as long as the award, loan or donation is from a person or entity other than those mentioned in No. 2.3 of Section 2 of Rule VII (Conflict of Interest and Other Prohibited Acts).

SECTION 4. As a rule, DOST personnel shall render their entire normal working hours with the DOST System where they are primarily employed, except in case where the DOST Secretary, upon the recommendation of the Agency Head, allowed the personnel concerned to have part-time employment outside of the DOST System.

Relative to this, outside employment may be allowed by the DOST under the following conditions if:

4.1 It conforms with the provision of Rule IV of the Implementing Rules and Regulations of R.A. No. 8439; and

4.2 It shall be performed outside normal working hours and shall not be incompatible with the performance of the personnel's duties and responsibilities in the DOST System.

However, notwithstanding the foregoing, DOST personnel shall not accept outside employment under any of the following situations:

4.3 Where a conflict of interest exists, or may reasonably appear to exist; and

4.4 The integrity of DOST will be adversely affected by reason of such outside employment

Rule VIII
Incentives and Rewards

Awards and incentives shall be provided to recognize, acknowledge and reward productive, creative, innovative and ethical behavior of DOST personnel in accordance with the Program on Awards and Incentives for Services Excellence (PRAISE) of DOST.

Rule IX
Penalties and Filing of Complaint

SECTION 1. Any official or employee of the DOST System committing any violation of this Code shall be administratively charged and punished in accordance with the DOST rules and regulations and/or the Civil Service Law and Rules.

SECTION 2. An administrative disciplinary case against DOST personnel may be commenced either by the disciplining authority of the DOST System with a motu propio complaint or by any other person with a verified complaint filed with the disciplining authority.

SECTION 3. The overall disciplining authority in the DOST System shall be the Secretary. Executive Directors and Directors shall act also as the disciplining authority in their respective agencies/offices.

SECTION 4. Administrative disciplinary cases may also be filed with the Office of the Ombudsman and/or Civil Service Commission (CSC) for appropriate action.

Rule X
Applicability of Pertinent Issuances

In the absence of any applicable provision in this Code relative to certain groups and/or classes of DOST officials and employees, the pertinent provisions of the Guidelines for Researchers on Ethics and Procedure for Researchers issued by the National Academy of Science and Technology (NAST), and the National Guidelines for Biomedical/Behavioral Research issued by the Philippine Council for Health Research and Development (PCHRD), whenever practicable and convenient, may be applied by analogy or in suppletory character and effect.

Rule XI
Effectivity

This code shall take effect fifteen (15) days following its publication in the Official Gazette.

Adopted: 31 Aug. 2005

(SGD.) ESTRELLA F. ALABASTRO
Secretary