Dear PAO,

I often see my neighbor and her children being fetched by a government vehicle from her house. I also learned that my neighbor’s partner works for the government and holds a very high position. Is there any violation committed by the public officer? If so, to whom should this be reported?

Allegra

Dear Allegra,

Government vehicles are primarily issued and permitted for official business only. They are strictly designed to aid in carrying out government functions, delivering essential services, and providing accessible transport for emergencies and law enforcement. Thus, all government agencies are enjoined to limit their use of the government vehicle to public and essential activities, which should be authorized by a “trip ticket,” at all times.

Needless to state, the use of a government vehicle for personal purposes is absolutely prohibited. In fact, even members of the family of a public official entitled to the use of the government vehicle are forbidden to its use. Said prohibition was clearly set out in Section 2 of the Administrative Order No. 239 dated 15 September 2008, issued by Former President, H. E. Gloria M. Arroyo, which reads:

“SECTION 2. The use of government vehicles for private social functions such as receptions, balls, theatres, and for other personal purposes is absolutely prohibited. Likewise, use thereof by the spouses, children, relatives, friends, and the like of the officials entitled thereto, even if they are in the company of said officials, is strictly prohibited.”

Thus, the public official who used the government vehicle for fetching his/her partner/spouse from his/her residence violated the aforesaid Administrative Order, and may be exposed to administrative charges.

Relatively, in order to enforce the proper use of government vehicles and discourage the graft and corrupt practices of government officials, any concerned citizen may report any such deviation or violation committed by a public official to the Land Transportation Office (LTO). Likewise, any civilian may contact the Presidential Action Center as described in Sections 4 and 5 of the same Administrative Order, to wit:

“Section 4. The public is hereby encouraged to report any unofficial use of government vehicles to the Presidential Action Center (PACE) through the following contact information: o Letters, telegrams and written correspondences “PRESIDENTIAL ACTION CENTER“Arlegui Street, San Miguel Manila “o Text messages “09198984621, 09198984622, 09198984623 “09178398462, 09178982462, 09178985462

“The report shall contain, among others, the type of vehicle, plate number, and the place and time where the government vehicle is found, preferably with pictures.

“Section 5. All department and agency heads of the government shall undertake a vigorous information dissemination campaign in their respective departments and agencies, while the Director-General of the Philippines Information Agency (PIA) is hereby directed to inform the public of the provisions of this Order. The Land Transportation Office (LTO) is particularly enjoined to closely coordinate and render assistance for the prompt and efficacious implementation of this Order, particularly in the identification of the reported government vehicles.”

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]