Should one receive gifts in the course of public office? That is the burning question.
Ever since President Rodrigo Duterte commented in a speech that it is OK for policemen to receive gifts given out of gratitude, the debate has swung back and forth on whether or not receiving gifts in line with one’s public office does not constitute bribery.
An opinion on the matter written by Public Attorney’s Office chief Persida Acosta back in 2017 provides an enlightening view.
According to Acosta, it is against the law for government officials and employees to receive gifts because of their position and office.
The following are the laws apropos on the matter:
1. Republic Act 3019, Anti-Graft and Corrupt Practices Act:
Section 3. Corrupt practices of public officers.
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(b) 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 part, wherein the public officer in his official capacity has to intervene under the law.
(c) 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 the help given or to be given, without prejudice to Section 13 of this Act.
2. Republic Act 6713, An Act Establishing a Code of Conduct and Ethical Standards for Public Officials and Employees
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:
(d) Solicitation or acceptance of gifts. – 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.
3. Presidential Decree 46 Making It Punishable For Public Officials And Employees To Receive, And For Private Persons To Give, Gifts On Any Occasion, Including Christmas
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do hereby make it punishable for any public official or employee, whether of the national or local governments, to receive, directly or indirectly, and for private persons to give, or offer to give, any gift, present or other valuable thing on any occasion, including Christmas, when such gift, present or other valuable thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors or the giver hopes or expects to receive a favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions. Included within the prohibition is the throwing of parties or entertainments in honor of the official or employee or his immediate relatives
4. Revised Penal CodeArticle 211 – Indirect bribery
The penalties of prision correccional in its medium and maximum periods, and public censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office.”
It is worthy to note these laws and any government employee should not rely heavily on the pronouncement of Malacanang that there is nothing wrong with government workers and officials accepting gifts as long as it is of nominal value.
Who knows, it could just be a trap for the corrupt.
