The Civil Service Commission (CSC) reminded government workers to avoid soliciting gifts this holiday season in line with Republic Act No. 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
According to CSC, Section 7(d) of this measure provides that “public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.” It added that Section 3 of Republic Act No. 3109, or the Anti-Graft and Corrupt Practices Act, provides that the following, among other acts or omissions, are declared to be unlawful:
- Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other party, wherein the public officer in his official capacity has to intervene under the law”;
- Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for help given or to be given...
“Bagama’t bahagi na ng ating kulturang Pilipino ang pagiging mapagbigay lalo na sa panahon ng Kapaskuhan, tandaan po natin na ang ating serbisyo bilang lingkod bayan ay binabayaran na ng taumbayan sa pamamagitan ng ating buwanang sahod (Even though it's part of the Filipino culture to give gifts during Christmas season, we must be reminded that our duty as public servants is being observed by the public through our monthly salary)," CSC Chairperson Karlo Nograles said.
“If there is a client or applicant, supplier or contractor, or any other individual, group, or company that you transacted business or regularly transact business with, who is extending a gift or token to you, just politely decline and explain that you are only doing your job. Sa madaling salita, trabaho lang po (In short, it's just for work),” he added.
Nograles said the law also applies to soliciting sponsorships or advertisements, such as raffle prizes for Christmas or year-end parties.
The CSC clarified that the propriety or impropriety of the gift shall be determined by value, kinship, or relationship between the giver and receiver, and the motivation.
Thus, gifts exempted from the prohibition are those from family members given without expectation of pecuniary benefit; those coming from persons with no regular, pending, or expected transactions with the government office where the receiver belongs; those from private organizations given with humanitarian and altruistic intent; and those donated by one government entity to another. Something of monetary value is one which is evidently or manifestly excessive by its very nature.
Nograles stated that heads of government agencies may issue an internal “no gift policy” to guide their officials and employees as it pertains to their respective mandates and job functions.
In relation to office parties,Nograles also reminded government offices, especially those rendering frontline services, to ensure uninterrupted service delivery amid the conduct of year-end festivities.
Heads of agencies are encouraged to adopt appropriate working schedules to ensure that all clients who are within their premises prior to the end of official working hours are attended to.