Assumption of an LGU employee as the President of a Civil Society Organization (CSO)

The Code of Conduct and Ethical Standards for Public Officials and Employees? defines Conflict of Interest, thus: (i) Conflict 5 1 2 1 1 3 486 313 31 25 96.627220 of 5 1 2 1 1 4 527 312 121 25 96.494713 interest arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty The Supreme Court in the case of Joel A Pilar vs. Atty. Clarence T. Ballicud®, had this to say: Accordingly, one of the situations where a conflict of interest may arise is when the acceptance of a new relation will invite suspicion of unfaithfulness or double dealing in the performance of one’s duty. It is in this context that this Department opines that an employee of a local government unit may not be allowed to sit as CSO representative in the LSBs- precisely to avoid conflict of interest. To our mind, the concerned LGU official’s interests as CSO member could compromise the discharge of the duties and functions of his or her office and could also potentially undermine public trust. Relevantly, it is important to highlight that Item 5.8 of the subject Memorandum Circular requires accredited CSOs to guarantee the autonomy of their organization by not allowing it to be influenced or used for purposes of partisan politics. This opinion is rendered based solely on the facts presented and our appreciation of the same without prejudice to any contrary opinion, decisions, and orders of other government agencies and the courts. Please be guided accordingly. Very truly yours, BY AUTHORITY OF THE SECRETARY: Pig ee ATTY. ROMEO P. BENITEZ Undersecretary for Legal and Legislative Affairs OUSELLA/RPB/LLLS-LRALLD/jvpr COPY FURNISHED: YVETTE T. SUNGA, CESO V OIC, Regional Director DILG Region X, KM 3 Upper Carmen, Cagayan de Oro City 2 Republic Act No. 6713 ‘ 3 A.C. No. 12792, November 16, 202 Page 2 of 2