Public officer's limited freedom of expression
Freedom of expression is guaranteed in its fullest outside government but,
perhaps, more regulated when one assumes the role of a public officer.
The right to speech is inherent. However, the act of joining a government office
should be construed as an understanding that the individual's exercise of this
basic right is subsumed by the necessity of providing public services to the
greater majority. (Justice Leonen, concurring in Davao City Water District v.
Aranjuez, et al., G.R. No. 194192, 16 June 2015)
The limits are
inherent in the nature of governance. The Constitution states that "[p]ublic
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."[1]
Republic Act No. 6713[2] known as the Code of Conduct and Ethical Standards of Public Officials and Employees thus provides for the following norms of conduct:
The limits are
inherent in the nature of governance. The Constitution states that "[p]ublic
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."[1]Republic Act No. 6713[2] known as the Code of Conduct and Ethical Standards of Public Officials and Employees thus provides for the following norms of conduct:
Section 4. Norms of Conduct of Public Officials and Employees. -(A) Every public official and employee shall observe the following as.standards of personal conduct in the discharge and execution of official duties:
(a) Commitment to public interest. - Public 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. - Public 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. - Public 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, 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.
(d) Political neutrality. - Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference.
(e) Responsiveness to the public. - Public officials and employees shall extend prompt, courteous, and adequate service to the public. 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 policy, 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. - Public 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 and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion.
(g) Commitment to democracy. - Public 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 party.
(h) Simple living. - Public 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
(B) The Civil Service Commission shall adopt positive measures to promote (1) observance, of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards; and (2) continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards. (Emphasis supplied)
Public accountability and a commitment to giving priority to the public interest above private ones demand some level of limitation on the exercise of the right to freedom of expression by government employees. (Justice Leonen, concurring in Davao City Water District v. Aranjuez, et al., G.R. No. 194192, 16 June 2015)
[1] CONST., art. XI, sec. 1.
[2] This was approved on February 20, 1989.