Norm of conduct expected of public servants

Title

Language

English

Year

1949

Rights

In Copyright - Educational Use Permitted

Fulltext

Decision of the Civil Service Board of AppealsNORM OF CONDUCT EXPECTED OF PUBLIC SERVANTS At.this juncture this Board feels warranted in making a general discussion of the causes for which a government employee may be removed from office. We conceive that the time is ripe thus to clear up certain misapprehensions en the subject and to place these basic considerations in 'their proper light. Under the provisions of the Civil Service Law (Sec. 695 of the .Adminis:rative Code as · amended by Commonwealth Acts No. 177 and 598) the Commissioner of Civil Service may for neglect of duty or violation of reasonable office regulations or in the interest of the public service remove any subordinate officer or employee from the service, suspending him without pay for not more than two months, reduce his salary or compensation or deduct therefrom any sum not exceeding one month's pay. , Rule XII, par. 6, of the Civil Service Rules prQvides tha't such officer or employee may be removed from the service for "notoriously disgraceful or immoral conduct." It is apparent from the foregoing provisions of law that the primary object of the st.atu'te i.s to protect 1he public service, and to secure the faithful and efficient performance of official functions. (Case No. 6 against Jose LansangCuengco, decision promulgated March 12, 1'941.) In order that .the Govern:nent may command the respe0t of the people, public morality and the orderly administration of government demand that its officials and employees observe that norm of conduct in their official J.s well as in their private lives, which will not impair the digni>t.y of their office or expose the government service to public censure or ridicule. Because of the moral influence which pub:ic officers and employees have upon the community iby virtue of the position they hold in the government, it is necessary that they should be first to show an exemplary conduct not only hy words but also by deeds, so that by such comportment they shall gain the MARCH, 1949 respect and esteem of the people. No definite norm of conduct or criterion for all public servants can how0ver be established as that wil.I depend upon the character and nature of the position occupied. Thus for officials or employees who, due to the nature of their duties, are in frequent con• tact with the public or occupy positions which directly influence the moral'ity of the community, a high standard of decency, respectaibility and integrity 1s required of them. The school teacher, for example, in view of his relation to the you·th t:::der his care and tutelage is looked upon in the community with esteem and as a model of good ::-1oral reputation and honesty, both in his official and private lives and for this reason, for slight impropriety even in his private transactions, his usefulness as teacher in the communi>t.y may come to an end. Accordingly, in the recent case against Fortunato Jatico, temporary school teacher in Santander, Cebu, this Board held that for immorality and disreputable conduct committed even prior to his entering the service as teacher, he should be dropped from the teaching force in the interest of public service with preju11ice to future reinstatement as ·a school teacher as the proper · punishment (Case No. 5, decision promulgated March 12, 1941). Coming to the case of a peace officer, it is his duty to maintain peace and order, to see to it that the laws are obeyed, and that the rights of others are respected and protected. In the community where he lives, he perBonifies pe,ace, order, fairness, and justice. In the interest of public service, therefore, ·peace officers should, in official as well as in private lives, be above reproach. The herein respondent peace officer has, iby his conduct, described above, offended social orderliness and decency and has given cac1se for the commu,nity to question h's honor and integrity. Considering Page 163 Norm of Conduct . .. the fact that he is earning only seventy-five pesos ('P75) a month as detective-inspector with his wife and five ~hildren to support, it is impossible to believe that he could also afford to maintain a paramour within his lawful income. The conclusion is· therefore inescapable that the maintenance of the illicit relation between the respondent and complainant offers a great temptation for the former to obtain money from other sources and that most likely he. would make use of his office and authority to muld a few pesos to suppor-t his paramour. It )s therefore believed that his continuation in the Manila Police Department is detrimental to the public service. Taking into consideration, however, the misery and suffering that will ensue from his dismissal on the par·t of his innocent family and the twelve years' efficient and continuous, service that the respondent has rendered to the Government it is the sense of the Board that the penalty. of removal in this case is rather severe. In the light of a!J the foregoing considerations, it is the opinion of the ·Board and' it is so decided that the respondent ,should 1 be considered as having been required to resign from the service effective upon his last day of service with prejudice to reinstatement in the Manila Police Department. (Case No. 34, March 26, 1931, Civil Service Board of Appeals.) , - - 0 - - INCOME CONTRASTED WITH CAPITAL AND OUTLIAY Income as contrasted with capital or property is to be the test. The essential difference between capital and in- . come is tliai capital is a fund; income is a flow. Capital i& wealth, whHe income is the service of wealth. "The fact is that property i's a tree, income is the fruit; labor is a tree, income the ·fruit; capital is a tree, income the fruit; (Waring v. City of Savannah [1878] , 60 Ga., 93.) .-Madrigal and Paterno v. Rafferty and Concepcion, 38 Phil. 414. Page 164 · State . .. is to muster and organize a!J our resources, preserve our credit and prestige abroad, and guard against their dirni:pation at home. I ca!J on every man, woman and child of this nation to share in the privilege of the great tasks before us. I apppeal for the utmost courage, wisdom, vision and dedication in taking up the challenge of. our common objectives. · When . I assumed office, my only pledge was what I recited in my oath. I meant every word of it. My policy has been simple. I have ha:d only two main immediate objectives: the re£toration of peace and order, and the strengthening of the morale of. the people and their faith and confidence in the government. I pledge to you, gentlemen of 'the Congre~ s. my full cooperation in the greater tasks ahead, convinced that with Divine Guidance we wiN attain the goals we have set for ourselves to promote and safeguard-the welfare of our cou, ntry and our contribution to the peace and happiness of the world. --0- - r ............................................................................. ~ t ~~~ ;;;;~ 01 APARTMENTS li ~ "A decent lod.ging place for discriminating guests." ~ . ~ Honest & Friendly Service is Our Policy j ~ Vicente S. Rodriguez, Jr. . ~ Manager & Proprietor • ~ Elias Angeles Sh N aga City : l ................... ~ ............................................ ~ r ......................................................................... 1 ~ COZY CORNER LUNCH ~ ~ : ~ Legaspi City ~ t ................................................... J THE LOCAL GOVERNMENT REVIEW

pages

163-164

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