×
ADVISORY!

The views and opinions expressed in this forum are those of the online action officers and not necessarily those of the Office for Legal Affairs or the Commission on CSC laws, rules and regulations. Also, be reminded that the views of the action officer is a mere advice that does not bind the office.

When posting, you agree that the administrator has the right to delete your posts or ban your account without prior warning in case of non-observance of any of the guidelines.
Guidelines to clients:

1. Please browse the frequently asked questions first to see if there are already the same or related questions that were asked on your query/ies;
2. Official response to issues shall be provided by the concerned office of the Commission, not through this forum;
3. Requests for the status of the case is not allowed in this forum;
4. Questions regarding the scheduled CSC examination will be deleted;
5. This forum is categorized according to subject matter. Please post your queries in appropriate category;
6. Post a descriptive topic name. Give a short summary of your problem/s;
7. No spam in this forum. Your posts will be deleted and your account will be banned without prior warning;
8. Refrain from posting pictures and offensive words or links. Violation of this rule shall give the administrator the right to delete your posts and ban your account without prior warning;
9. Please report to administrators if you see a user violating any of this guidelines;
10. Be respectful to the administrators and users; and
11. Please avoid text-message style substitution of words like “r” for “are” and “u” for “you”. If your message is difficult to understand the administrator shall inform you to rewrite your message.

Question Commission based part time as double compensation?

More
6 years 5 months ago #1354 by Tim
Tim created the topic: Commission based part time as double compensation?
May I ask, is a regular government employee allowed to practice his license as a part time financial advisor? Income is commission based and taxes are to be duly filed with BIR as well as to be declared in his SALN.

What clearance does he need to get from his office or CSC? Is it counted as double compensation?

Please Log in or Create an account to join the conversation.

More
6 years 5 months ago #1369 by Action Officer 16
Action Officer 16 replied the topic: Commission based part time as double compensation?
Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of court litigation or appeal before it. This is especially so if the material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated as in this case.

Nonetheless, this Office would like to invite your attention to Section 7(b) of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) which provides, as follows:

“Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful:

x x x

“(b) Outside employment and other activities related thereto. - Public officials and employees during their incumbency shall not:
“(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law;
“(2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or

“(3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.
“These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply.”

Corollarily, Section 18, Rule XIII of the Revised Omnibus Rules on Appointments and Other Personnel Actions states that:

“Sec. 18. Unless otherwise provided by law, no officer or employee shall engage directly or indirectly in any private business or profession without a written permission from the head of agency. Provided that this prohibition will be absolute in the case of those officers and employees whose duties and responsibilities require that their entire time be at the disposal of the government: Provided further, that if an employee is granted permission to engage in outside activities, the time devoted outside of office hours should be fixed by the head of the agency so that it will not impair in any way the efficiency of the officer or employee nor pose a conflict or tend to conflict with the official functions.”

Thus, unless you obtain the necessary permission from the proper authority, not the CSC but oftentimes the agency head, outside employment or interest in another entity, public or private, is legally restricted.

We hope to have enlightened you on the matter.

Please Log in or Create an account to join the conversation.

More
6 years 5 months ago #1370 by Tim
Tim replied the topic: Commission based part time as double compensation?
Thank you very much for your reply.

Please Log in or Create an account to join the conversation.

Powered by Kunena Forum