1. 3/29/23, 12:30 PM PA-224 A: CONSTITUTION AS BASIS FOR PUBLIC ADMINISTRATION’S ETHICS
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ETHICS IN PUBLIC ADMINISTRATION
CONSTITUTION AS BASIS FOR PUBLIC ADMINISTRATION’S ETHICS
 Done
MODULE TWO
Introduction:
Public administrators and government officials are expected to adhere to a variety of ethical codes and approaches. Insofar as these are
consistent, can be learned, and are realistic, they present few difficulties for administrative practice. Since the 1970s, a new and very
important dimension has been added to the codes that public administrators and officials must follow - that of “constitutionally based
ethics.” moreover, the ethical requirements that are derived from the Constitution are difficult to apply, sometimes require an elaborate
balancing of concerns, and are often at odds with traditional administrative values such as efficiency, economy, and effectiveness.
CONTENT: CONSTITUTION AS BASIS FOR PUBLIC ADMINISTRATION’S ETHICS
Development:
- The argument that the constitution provides a basis for public administrative ethics was most convincingly advanced by John A. Rohr,
in his book called “Ethics for Bureaucrats (1978). Rohr viewed the constitution and its interpretation by the courts as encompassing
“regime values” that are ethically binding on public administrators and officials. Rohr’s observed that: “the constitution of the United
States is the preeminent symbol of our political values, an oath to uphold the values of the regime created by that instrument. Thus, the
oath of office provides for bureaucrats the basis of a moral community that our pluralism would otherwise prevent. It is the moral
foundation of ethics for bureaucrats.”
Constitutional ethics is an area in which morality coincides with laws.
Public administrators’ knowledge of constitutional values, reasoning processes, and requirements can be equated with ethics for three
reasons. First, because public administrators take oath of allegiance to the constitution, its values become morally binding upon them.
Second, the standard for potential liability is a moral one…Knowledge of constitutional requirements, which a reasonable public official
should have. Third, a premise underlying liability in the context is a familiar moral one: public officials should do as little harm to
individual’s rights as possible.
Administrators should internalized constitutional law and use it as a moral (as well as legal) guide for their official behaviour.
There is a close relationship between many constitutional rights and appropriate ethical principles for public administrators. The
constitution is both a technical and moral guide for public administrators, who take an oath to support it. Their oath of office obligates
public servants to follow the constitutional law as it affects them in their official capacities.
The 1987 Constitution of the Republic of the Philippines as basis for ethics for public administrators
)Source: http://www.csc.gov.ph/ 11/23/2000(
Under a democracy such as in the Philippines, the people’s fundamental faith in the integrity of political institutions is what holds the
system together even under the most difficult times. The present situation in the Philippines is a test of this principle. Whether or not the
test is passed with success is a matter yet to be seen. However, at this stage, what could be gainfully learned from present experience is
the knowledge that people’s trust seems to lie on the existence of ethics and accountability mechanisms and infrastructure. As shown
and proven with quite a measure of success by many studies, ethics and accountability are keys not only to effective government but
also to effective governance. The following discussions deal with some of the infrastructures and initiatives in the Philippines.
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Legal Framework
The 1987 Constitution of the Philippines provides the basis of ethical and accountable behavior in the public sector. Section 1 of Article
XI states that: Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them
with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.
This provision requires every public official and employee to exhibit and live certain values while in government service. In addition, the
State has been mandated by the Constitution to “maintain honesty and integrity in the public service and take positive and effective
measures against graft and corruption”.
In 1989, the Philippine legislature passed Republic Act No. 6713, a law embodying the Code of Conduct and Ethical Standards for Public
Officials and Employees. The Code spells out in fine detail the do’s and don’ts for government officials and employees in and out of the
workplace. These do’s and don’ts are encapsulated in the eight norms of conduct to be observed by all government officials and
employees. These norms or standards are: • Commitment to public interest • Professionalism • Justness and sincerity • Political neutrality
• Responsiveness to the public • Nationalism and patriotism • Commitment to democracy • Simple living
The Code, likewise, introduced some reforms in the administrative systems like giving heads of agencies the responsibility of ensuring
there is a value development program for their employees; continuing studies on work systems and procedures with the end in view of
improving the delivery if public services; and, mandating the designation of a resident Ombudsman in every department, office and
agency. Incentives and rewards system has also been put in place. Another comprehensive law passed to address and curb the
commission of malfeasance in government is Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act. In Section 1 of this law,
it states that: It is the policy of the Philippine Government, in line with the principle that a public office is a public trust, to repress certain
acts of public officer and private persons alike which constitute graft and corrupt practices which may lead thereto. This law specifies
eleven (1 1) instances of corrupt practices in addition to acts or omissions already penalized by existing laws.
Political Commitment
The legal infrastructure that prescribes ethical conduct of; public servants is reinforced by political commitment. This political
commitment, while difficult to benchmark, has been demonstrated by some policy pronouncements. Quite significant are the ten-point
action agenda of the present Administration and the Medium-Term Development Plan (2000 2004) or Angat Pinoy 2004 which embody
the framework for the country’s socioeconomic development.
Oversight Institutions
The legal infrastructure and political commitment are supported and complemented by the existence of oversight institutions. The
creation of the oversight institutions that deal with issues of ethics, accountability, graft and corruption are mandated by the
Constitution. The common feature of these institutions is they enjoy a substantive degree of fiscal autonomy in the sense that they are
not subject to the fiscal controls of the executive. The budget is directly released to these institutions and the heads are authorized to
realign savings from their budget. They also have quasi-judicial powers in that they can adjudicate and decide cases and enforce their
own decisions, including the imposition of sanctions which may include suspension from office or even dismissal from government
service. In the Philippines, the three constitutionally mandated oversight institutions are the Civil Service Commission, the Office of the
Ombudsman and the Commission on Audit.
References
http://www.csc.gov.ph/ 11/23/2000Civil service commission website.
Montemayor, Felix. Ethic: The Philosophy of Life. Mandaluyong City, National Bookstore, 1994.
Roa, Fr. Floriano C. Business Ethics and Social Responsibility. Rex Book Store. Manila Philippines. 2011.
Sto. Thomas, Patricia A. Readings: Ethics in Public Office, April 21, 1989.
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