Code of Conduct of the Commission on Higher Education
The CHED Order No. 001-13 establishes a comprehensive Code of Conduct for officials and employees of the Commission on Higher Education (CHED) in the Philippines. It emphasizes accountability, integrity, and service to the public, aligning with constitutional mandates. The Code outlines norms of conduct, including professionalism, responsiveness, and avoidance of conflicts of interest, while also detailing the prohibition against accepting gifts that may influence official duties. Additionally, it sets forth guidelines for transparency, administrative offenses, and penalties for violations, ensuring that all employees prioritize public interest over personal gain. This framework aims to enhance ethical behavior and accountability within the higher education sector.
Quick Answers
- What is Code of Conduct of the Commission on Higher Education about?
- The CHED Order No. 001-13 establishes a comprehensive Code of Conduct for officials and employees of the Commission on Higher Education (CHED) in the Philippines. It emphasizes accountability, integrity, and service to the public, aligning with constitutional mandates. The Code outlines norms of conduct, including professionalism, responsiveness, and avoidance of conflicts of interest, while also detailing the prohibition against accepting gifts that may influence official duties. Additionally, it sets forth guidelines for transparency, administrative offenses, and penalties for violations, ensuring that all employees prioritize public interest over personal gain. This framework aims to enhance ethical behavior and accountability within the higher education sector.
- What type of law is CHED Order No. 001-13?
- Code of Conduct of the Commission on Higher Education (CHED Order No. 001-13) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Code of Conduct of the Commission on Higher Education enacted?
- Code of Conduct of the Commission on Higher Education (CHED Order No. 001-13) was enacted on Jun 25, 2013.
- What is the citation for Code of Conduct of the Commission on Higher Education?
- Code of Conduct of the Commission on Higher Education, CHED Order No. 001-13, Jun 25, 2013 (Philippines)
Law Information
- Reference Number
- CHED Order No. 001-13
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Commission on Higher Education
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
June 25, 2013
CHED ORDER NO. 001-13
| SUBJECT | : | Establishing a Code of Conduct for the Officials and Employees of the Commission on Higher Education (CHED) |
WHEREAS, the Constitution declares that public office is a public trust and that all 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;
WHEREAS, the government established a career service and adopted measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service and institutionalize a management climate conducive to public accountability;
WHEREAS, the Commission on Higher Education is the government agency tasked and mandated under Republic Act No. 7722 to supervise, monitor and regulate all academic tertiary degree programs and higher education institutions both public and private.
WHEREAS, the Commission is therefore called upon to ensure that the pertinent Constitutional directives as regards a public office, as well as the Commission's specific mandate in relation to the provisions on education and capacity-building of the youth in the fundamental law are fully realized;
WHEREAS, in response to the need for proper accountability and transparency in its operations and transactions, the Commission has caused the preparation of certain rules of behaviour, decorum and conduct for implementation and adoption in all its Central and Regional Offices;
NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved that the Code of Conduct for all officials and employees of the Commission on Higher Education (CHED) be approved.
Preliminary Statement
The Commission on Higher Education Code of Conduct is founded within the context of honesty, integrity, respect and sincerity and is envisioned to be the conscience of every official and employee of the organization. It provides the ethical basis and framework to assist all the officers and staff of the organization in making a decision, and in understanding the difference between 'right' and 'wrong' and to apply this understanding to all their decisions. This Code shall apply at all times and its principles shall be adopted in all levels of decision-making or operations from the highest level to the lower level of officials and rank-and-file employees in the Central and Regional Offices.
RULE I
Title and Coverage
SECTION 1. Title. — This code shall be known as the "Code of Conduct of the Commission on Higher Education".
SECTION 2. Coverage. — This code shall apply to all officials and employees of the CHED, and other persons working in the CHED directly or indirectly and of whatever nature of employment.
RULE II
Definition of Terms
SECTION 3. Definition of Terms. — As used in this Code, the term:
(a) "Code refers to the Code of Conduct of the Commission on Higher Education. cAEDTa
(b) "CHED" refers to the Commission on Higher Education.
(c) "Public Officials" refer to all personnel of the Commission who include appointive officials and employees, permanent or temporary, contractual, outsourced or on job order basis, whether in the career or non-career service, including members of CHED Technical Panels and Committees.
(d) "Gift" refers to a thing, sums of money, other goods and services, or a right to dispose of the same gratuitously, or any act of liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof, or deliberate inaction when positive duty requires otherwise, in exchange for a service to be rendered by any CHED official or employee. It shall not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee.
(e) "Receiving any gift" refers to the act of accepting directly or indirectly, a gift or token from a person other than a member of his family or relative up to the first degree of consanguinity or affinity, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or if the gift is given in anticipation of, or in exchange for a favor.
(f) "Loan" covers simple loan and commodatum as well as guarantees, financing arrangements or accommodations intended to ensure the approval of any service or action sought from the commission. Commodatum refers to a contract whereby one of the parties delivers to another something not consumable so that the latter may use the same for a certain time and return it.
(g) "Substantial stockholder" means any person who owns, directly or indirectly, shares of stock sufficient to elect a director of a corporation including those under voting trust agreements; this shall also cover members and boards of trustees of non-stock corporations.
(h) "Conflict of interest" arises when a public official or employee is an owner, a member of a board, an officer, or a substantial stockholder of a private corporation be it educational or any other corporation where said official or employee has a substantial interest in a business, or partner in a partnership and the interest of such corporation or business, or his or her rights or duties therein, may be opposed to or affected by the faithful performance of official duty.
(i) "Divestment" is the transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his or her right or title to it in favor of a person or persons other than his or her spouse and relatives as defined in the Ethical Standards Act.
(j) "Relatives" refer to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.
(k) "Financial Interest" refers to anything of monetary value, including, but not limited to, salary, consulting fees, honoraria, equity interest (e.g., stocks, stock options or other ownership interests), interests in real or personal property, dividends, royalties, rent, capital gains, intellectual property (e.g., patents, copyrights and royalties from such rights, condonation of debt).
(l) "Practice of profession" is the exercise of profession which encompasses the official's expertise or field of discipline or specialization that is outside of their regular functions or official business.
RULE III
Norms and General Principles of Conduct
SECTION 4. Norms of Conduct of CHED Officials and Employees. — Every official and employee shall observe the following norms as standards of personal conduct in the discharge and execution of official duties:
(a) Commitment to public interest. — CHED officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.
(b) Professionalism. — CHED officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.
(c) Justness and sincerity. — CHED officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, on account of rank, economic status, age, gender, religion or sexual orientation, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs. SaIHDA
(d) Political neutrality. — CHED officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference, and shall not engage in electioneering as defined in the Election Code.
(e) Responsiveness to the public. — CHED officials and employees shall extend prompt, courteous, and adequate service to the public and endeavour to act on all requests or documents within (15) days from receipt. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policies, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.
(f) Nationalism and patriotism. — CHED officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology, encourage appreciation and pride of country and people, and engender an atmosphere of openness and tolerance of ideas that are the substance of higher education in keeping with the principle of academic freedom in all institutions of higher learning.
(g) Commitment to democracy. — CHED officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or any party.
(h) Simple living. — CHED officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.
RULE IV
Duties and Responsibilities of CHED Officials and Employees
SECTION 5. CHED officials and staff shall at all times strengthen the commitment to public service particularly in the higher education sector and help promote the primacy of public interest over personal interest in the performance of their duties.
As a general rule, when a request or petition, whether written or verbal, may be disposed of promptly and expeditiously, the official or employee in charge to whom such request or petition is presented shall do so immediately, without discrimination, within the required period.
SECTION 6. In offices that are confronted with unusually large number of persons requesting for a particular type of service, the head of the office shall devise a mechanism so as to avoid long queues such as by giving each person a ticket number duly countersigned which shall specify the time and the date when the person, whose name and address shall be indicated, can be served without delay. Said person shall have the right to prompt service upon presentation of said ticket number.
SECTION 7. In case of written requests, petitions or motions, sent by means of letters, telegrams, or new technology, the official or employee in charge shall act on the same within fifteen (15) working days from receipt thereof, provided that:
(1) If the communication is within the jurisdiction of the office or agency, the official or employee must:
(a) Write a note or letter of acknowledgement where the matter is merely routinary or the action desired may be acted upon in the ordinary course of business of the department, office or agency, specifying the date when the matter will be disposed of and the name of the official or employee in charge thereof.
(b) Where the matter is non-routinary or the issues involved are not simple or ordinary, write a note or letter of acknowledgement, informing the interested party, petitioner or correspondent of the action to be taken or when such requests, petitions or motions can be acted upon. Where there is a need to submit additional information, requirements, or documents, the note or letter of acknowledgment shall so state, specifying the period of time within which they should be submitted, and the name of the particular official or employee in charge thereof. When all the documents or requirements have been submitted to the satisfaction of the department, or office of the agency concerned, the particular official or employee in charge shall inform the interested party, petitioner, or correspondent of the action to be taken and when such action or disposition can be expected, barring unforeseen circumstances.
(2) If the communication is outside its jurisdiction, the official or employee must: CAaSED
(a) Refer the letter, petition, telegram, or verbal request to the proper department, office or agency.
(b) Acknowledge the communication by means of note or letter, informing the interested party, petitioner, or correspondent of the action taken and attaching a copy of the letter of referral to the proper department, office or agency.
The period of fifteen (15) days herein provided shall be counted from date of receipt of the written or verbal communication by the department, office or agency concerned.
SECTION 8. All official papers and documents must be processed and completed within a reasonable time from the preparation thereof. Reasonable time shall be determined in accordance with the following rules:
(1) When the law or the applicable rule issued in accordance therewith prescribes a period within which a decision is to be rendered or an action taken, the same shall be followed.
(2) When the law or the applicable rule issued in accordance therewith does not prescribe a period, the head of the department, office or agency shall issue rules and regulations prescribing among other things, what is a reasonable period taking into account the following factors:
(a) Nature, simplicity or complexity of the subject matter of the official papers or documents processed by said department, office or agency;
(b) Completeness or inadequacy of requirements or of data and information necessary for decision or action;
(c) Lack of resources caused by circumstances beyond the control of the department, office or agency or official or employee concerned;
(d) Legal constraints such as restraining orders and injunctions issued by proper judicial, quasi-judicial or administrative authorities;
(e) Fault, failure or negligence of the party concerned which renders decision or action not possible or premature; and
(f) Fortuitous events or force majeure.
RULE V
Conflict of Interest
SECTION 9. CHED officials and employees shall at all times avoid conflict of interest in any and all transactions.
SECTION 10. (a) When a conflict of interest situation arises, the official or employee involved shall resign from his or her position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself or herself of any shareholdings or interest within sixty (60) days from such assumption, for those who are already in the service, and conflict of interest arises, the officer or employee must resign from his or her position in the private business enterprise and/or divest himself/herself of any shareholdings or interest within the periods herein-above provided, reckoned from the date when the conflict of interest had arisen. The same rule shall apply where the public official of employee is a partner in a partnership.
(b) Divestment shall be to a person or persons other than his spouse and relatives within the fourth civil degree of consanguinity or affinity.
(c) The requirements for divestment shall not apply to those specifically authorized by law and those who served the government in an honorary capacity, nor to laborers and casual or temporary workers.
RULE VI
Solicitation or Acceptance of Gifts, Benefits and/or Donations
SECTION 11. Soliciting or accepting, directly or indirectly from whatever source, any gift, gratuity, favor, entertainment, loan or anything of monetary value which in the course of his/her official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of, his or her office are disallowed under this Code. The propriety or impropriety of the foregoing shall be determined by its value, kinship or relationship between giver and receiver and the motivation. A thing of monetary value is one which is evidently or manifestly excessive by its very nature.
RULE VII
Use of CHED Resources
SECTION 12. CHED Officials and employees shall at all times exercise utmost care for the entrusted properties, facilities and resources necessary in the performance of their duties and responsibilities. Such properties, facilities and equipment including electronic resources such as electronic data and digital assets, are to be used only in relation to the performance of official duties and responsibilities. They are likewise expected to ensure that these are adequately kept safe, conserved and maintained. Conservation is emphasized especially for expandable resources such as water, electricity, supplies and materials.
SECTION 13. CHED Officials and employees shall sign Memorandum Receipts for nonexpendable properties entrusted to them. These have to be accounted for in instances such as in the annual conduct of property inventory, the need for the return of these properties to the Property Custodian, and when the employee applies for property clearance.
SECTION 14. CHED Officials and employees concerned shall ensure that they implement an efficient assets and resources management system, including inventory, allocation and property disposal guidelines.
RULE VIII
Incentives and Rewards System
SECTION 15. Incentives and rewards shall be granted officials and employees who have demonstrated exemplary service and conduct on the basis of their observance of the norms of conduct laid down in this code. The following criteria shall be considered in the conferment of awards: CHATEa
(a) Years of service;
(b) Quality and consistency of performance;
(c) Lower rank of employment;
(d) Level of salary;
(e) Unique and exemplary quality of achievement;
(f) Risk or temptation inherent in the work; and
(g) Any similar circumstances or considerations in favor of the particular awardee.
SECTION 16. Incentives and rewards to CHED Officials and employees of the year may take any of the following forms, as may be determined by the Committee on Awards created for this purpose and established under the Code:
(a) Bonuses as allowed under the CSC PRAISE system;
(b) Citations;
(c) Local and foreign scholarship grants;
(d) Paid vacations; and
(e) Automatic promotion to the next higher positions suitable to his or her qualifications and with commensurate salary: provided, that if there is no next higher position or said position is not vacant, this position shall be included in the budget proposal of the office for the next fiscal year; except when the creation of a new position will result in distortion in the organizational structure of the department, office or agency. Where there is no next higher position immediately available, a salary increase equivalent to the next higher position shall be given and incorporated in the base pay. The grant of promotions shall be governed by the merit and fitness principle.
SECTION 17. (a) The system shall be administered by a committee on awards for this purpose and which shall be composed of:
CHED Chairperson Chairperson
Director of AFS-HRD Co-Chairperson
Executive Director and another Members
Two Directors from the Regional Offices Members
CHEDEA President Member
For this purpose, the Committee shall perform the following functions and responsibilities:
(1) Conduct a periodic, continuing review of performance of officials and employees in all departments, offices and agencies;
(2) Establish a system of annual incentives and rewards to give due recognition to officials and employees who have exhibited outstanding performance on the basis of the criteria set forth in Section 14 (a), Rule VIII.
(3) Determine the forms of reward to be granted;
(4) Formulate and adopt its own rules to govern the conduct of its activities, which shall include guidelines for evaluating nominees, the mechanism for recognizing the awardees in public ceremonies and the creation of sub-committees to assist in performing the assigned tasks.
In the evaluation of nominees, the Committee may be assisted by technical experts selected from the government and the private sectors.
RULE IX
Prohibited Acts and Transactions
SECTION 18. In addition to the grounds for administrative disciplinary action prescribed under existing laws such as the Ethical Standards Act or R.A. 6713, 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, including members of the various Technical Panels and Committees that are declared unlawful or prohibited by this Code, shall constitute the grounds for administrative disciplinary action, such as:
(1) Directly or indirectly having financial and material interest in any transaction requiring the approval of his office. Financial and material interest is defined as a pecuniary or proprietary interest by which a person will gain or lose something; STcHEI
(2) Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or licensed by his office, unless expressly allowed by law;
(3) Engaging in the private practice of his profession unless authorized by the law or regulation, or by the head of agency, provided that such practice will not conflict or tend to conflict with his official functions;
(4) Recommending any person to any position in a private enterprise which has a regular or pending official transaction with his office, unless such recommendation or referral is mandated by (1) law, or (2) international agreements, commitment and obligation, or as part of the functions of his office;
These acts shall continue to be prohibited for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of paragraph (3) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, within one year after such resignation, retirement, or separation, provided that any violation hereof shall be a ground for administrative disciplinary action upon re-entry to the government service.
(5) Disclosing or misusing confidential or classified information officially known to him by reason of his office and not made available to the public, to further his or her private interests or give undue advantage to anyone, or to prejudice the public interest; and
(6) Soliciting or accepting, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value which in the course of his official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of, his office.
Loan covers simple loan and commodatum as well as guarantees, financing arrangements or accommodation intended to ensure its approval.
This prohibition shall not include:
(a) Unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee or given after the transaction is completed, or service is rendered.
(b) A gift from a member of his family or relative as defined in the Code on the occasion of a family celebration, and without any expectation of pecuniary gain or benefit.
(c) Nominal donations from persons with no regular, pending, or expected transactions with the department, office or agency with which the official or employee is connected, and without any expectation of pecuniary gain or benefits.
(d) Donations coming from private organizations whether local or foreign, which are considered and accepted as humanitarian and altruistic in purpose and intent.
(e) Donations from government to government entities.
Gifts or grants from foreign governments shall be allowed if the Congress consents to:
(g) The acceptance and retention by public official or employee of a gift of nominal value tendered and received as a souvenir or mark of courtesy;
(h) The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or
(i) The acceptance by a public official or employee of travel grant of expense for travel taking place entirely outside the Philippines (such as allowances, transportation, food and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interest of the Philippines, and permitted by the head of office, branch, or agency to which he belongs.
Nothing in the Code shall be construed to restrict or prohibit the conduct of any educational, scientific or cultural exchange programs, subject to national security requirements.
(7) Obtaining or using any statement filed in accordance with this Code for any unauthorized purpose without prior consent, or contrary to morals or public policy, or for any commercial purpose other than by news and communications media for dissemination to the general public;
(8) Unfair discrimination in rendering public service due to party affiliation or preference;
(9) Disloyalty to the Republic of the Philippines and to the Filipino people;
(10) Failure to act promptly on letters and request within fifteen (15) days from receipt, except as otherwise provided in this CODE.
(11) Failure to process documents and complete action on documents and papers within a reasonable time from preparation thereof, except as otherwise provided in these Rules; ADEaHT
(12) Failure to attend to anyone who wants to avail himself of the services of the office, or to act promptly and expeditiously on public personal transactions;
(13) Failure to file a sworn statement of assets, liabilities and net worth, and disclosure of business interests and financial connections; and
(14) Failure to resign from his position in the private business enterprise within thirty (30) days from assumption of public office when conflict of interest arises, and/or failure to divest himself of his shareholdings or interest in private business enterprise within sixty (60) days from such assumption of public office when conflict of interest arises.
RULE X
System of Checks and Balances
SECTION 19. Nothing in this Code shall prohibit the commission from promulgating and/or issuing rules and regulations in addition to existing laws and regulations on the conduct of fact-finding investigations on all matters pertaining to the performance of duties and responsibilities of any of its officials and employees.
SECTION 20. CHED officials and employees shall advocate for the execution, compliance and enforcement of all laws, rules and regulations and in particular the policies, standards and guidelines of CHED, in accordance with this Code.
SECTION 21. CHED officials shall demonstrate their understanding of the standards espoused under this code by being appropriate models and examples to their subordinates. They shall be responsible for ensuring that they and their subordinates have received a copy of, read, and understood this Code.
SECTION 22. A duly sworn or motu proprio complaint against any CHED official or employee under this Code shall be dealt with in accordance with the Revised Rules on Administrative Cases in the Civil Service, without prejudice to other appropriate legal or authorized action, if warranted.
SECTION 23. It shall be the duty of any CHED official or employee to report any information of violation of this Code by any personnel to his/her immediate superior or official for appropriate action or to the appropriate government agency with jurisdiction to act on such complaint. Such violation may likewise be reported anonymously to the CHED Chairperson and Commissioners, who shall act accordingly or endorsed to the Resident Ombudsman should one be duly designated for the agency.
RULE XI
Transparency and Disclosures
SECTION 24. Subject to reasonable conditions prescribed by law, CHED hereby adopts and implements a policy of full public disclosure of all its transactions involving public interest, save only those that are determined by the Commission en Banc to be classified, and involving the national interest. Official documents, files, and records shall be furnished to a person/petitioner having a legitimate interest, or as duly authorized by law, upon receipt by CHED of proper summons or subpoena from an authorized body stating clearly the purpose of such request.
SECTION 25. It is the responsibility of the Office of the Executive Director to establish measures and standards that will ensure transparency in the procurement of services and openness of public transactions in the respective offices of CHED in accordance with R.A. 9184 and related issuances, such as in biddings, purchases, and other financial transactions including contracts, status of projects, and all other matters involving public interest.
CHED shall establish an information system that will provide the public any of the following:
(a) CHED policies, rules, and procedures;
(b) Work programs, projects, and performance targets;
(c) Performance reports; and
(d) All other documents as may hereafter be classified as public information.
Such public information shall be utilized solely for the purpose of informing the public of such policies, programs and accomplishments, and not to build the public image of any official or employee or to advance his or her own personal interest.
SECTION 26. Every office, including regional offices shall provide official information, records or documents to any requesting public except if:
1. such information, record or document must be kept classified in the interest of national defense or security or the conduct of foreign affairs;
2. such disclosure would put the life and safety of an individual in imminent danger; AcSCaI
3. the information, record or document sought falls within the established privilege or recognized exceptions as provided by law or the rules of court, or settled policy or jurisprudence;
4. such information, record or document comprises drafts of decisions, orders, rulings, policy decisions, memoranda, etc.;
5. it would disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; and
6. it would disclose investigatory records complied for law enforcement purposes or information which if written would be contained in such records, but only to the extent that the production of such records or information would (i) interfere with enforcement proceedings, (ii) deprive a person of a right to a fair trial or an impartial adjudication, (iii) disclose the identity of a confidential source and in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, or (iv) unjustifiably disclose investigative techniques and procedure.
RULE XII
Administrative Offenses and Penalties
SECTION 27. CHED officials and employees committing any of the unlawful acts or omissions under the prohibited acts of this Code as well as pertinent CHED rules and regulations shall be dealt with as determined by the Commission en Banc as the disciplining authority of the agency insofar as the determination of the nature of the offense for which he or she shall be charged, the administrative disciplinary proceedings that shall be undertaken against such official or employee, as well as the appropriate penalty to be imposed should he or she be found guilty as charged, in accordance with the Revised Rules on Administrative Cases in the Civil Service (RRACCS).
SECTION 28. For purposes of this Code, the schedule of offenses and their corresponding penalties provided under the pertinent provisions of the RRACCS are hereby adopted by reference.
RULE XIII
Other Laws Applicable to CHED Officials and Employees
SECTION 29. Other forms of misconduct, prohibited acts and violation of law, such as the Anti-Sexual Harassment Law (R.A. No. 7877), the Intellectual Property Law (R.A. No. 8293 as amended), the Dangerous Drugs Act (R.A. No. 9165), and other pertinent and related laws, shall be penalized under this Code, subject to compliance with due process in administrative proceedings.
RULE XIV
Effectivity
SECTION 30. These Rules shall take effect fifteen (15) days following the completion of their publication in the Office of the National Administrative Register at the U.P. Law Center or in a newspaper of general circulation.
APPROVED at the Higher Education Development Center, U.P. Campus, Diliman, Quezon City this 25th day of June 2013 pursuant to Commission en Banc Resolution No. 500 series 2013. SACHcD
FOR THE COMMISSION:
(SGD.) PATRICIA B. LICUANAN, Ph.D.ChairpersonCommission on Higher Education
Published in the Official Gazette, Vol. 110, No. 31, page 4936 on August 4, 2014.
Cite This Law
Code of Conduct of the Commission on Higher Education, CHED Order No. 001-13, Jun 25, 2013 (Philippines)
Code of Conduct of the Commission on Higher Education, CHED Order No. 001-13 (Phil. 2013)
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