Section 7(b) of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) provides that outside employment and other activities related thereto are prohibited.
Public officials and employees during their incumbency shall not, among others, 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. (underscoring/boldfacing ours)
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 practice of profession, however, 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 Human Resource Actions (ORA OHRAstates that 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. This prohibition is 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.
Also, 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, practicing your profession outside your employment with the government, is legally restricted.
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What if my designation in office is contractual in nature. My boss told me during my interview that I can still practice my profession since there is no employer-employee relationship, although such permission is not in written form. Should I still get a written permission from the agency?
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WHO R ENTITLED TO RECEIVE HONORARIUM IF DESIGNATED AS TOURISM FOCAL PERSON, PESO FOCAL PERSON? IS IT A REQUIREMENT FOR D CREATION OF AN OFFICE FOR A DESIGNATED MUNICIPAL ADMINISTRATOR? IS HE ENTITLED TO RECEIVE RATA JUST LIKE D HEAD OF OFFICES IN THE LGU?