EDITORIAL - Gift giving
Every year, officials find it necessary to warn government workers against soliciting gifts during the Christmas season. This year, the Bureau of Immigration again reminded its employees, especially those assigned at airports, against greeting travelers “merry Christmas.” This is to prevent any misperception that the BI personnel are soliciting Christmas gifts, immigration officials explained.
The need to issue the warning is an embarrassing reminder of the scandals involving corruption and thievery that have rocked the BI and other agencies with units at the airports, particularly the Office of Transportation Security.
The reminder about gifts has become a standard message issued by the Civil Service Commission during the Christmas season. The CSC warns that acceptance and solicitation of gifts from those who transact with the government are prohibited under Republic Act 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, as well as RA 3019 or the Anti-Graft and Corrupt Practices Act.
As stressed by the CSC, a provision in the code of conduct states: “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.”
RA 3019 and Presidential Decree No. 46 issued in November 1972 have similar prohibitions, with the PD imposing a prison term of one to five years for violations along with permanent disqualification from public office.
The laws and decree have caused some confusion in a society with a strong tradition of gift-giving especially during Christmas. RA 3019 also allows government workers to accept “unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude or friendship according to local customs or usage.” The laws also exempt gifts from certain sources. The exemptions prompted Menardo Guevarra, when he was the justice secretary in the previous administration, to urge the CSC to issue
