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Gifts are free? For those in gov’t, not necessarily


President Bush was once gifted 136 kilograms of raw lamb meat by the president of Argentina. But Bush did not take the present on a personal basis. By law, overseas gifts belonged not to Bush, but to the Office of the President, and more so to the American people. In Great Britain, former Prime Minister Tony Blair on his 50th birthday was given six bottles of Château Mouton-Rothschild ‘89 by France’s Jacques Chirac. The former French president knew that Blair loved the wine worth £195 per bottle. However, Blair won’t be able to savor the wine unless he paid for it. Great Britain’s ministerial code forbade Blair from taking tokens from foreign dignitaries unless he paid for the gifts. For other kinds of gift, Blair was bound to publicly declare them, if each item costs £140. In Mongolia, if a government employee or official receives a gift that is more than the value of the recipient’s salary, he or she should report it to the finance department. If the recipient wants the gift, he or she should purchase it back from the department. Under Japan’s National Public Service Ethics Law, senior government officials, starting from assistant director, are required to report to the head of the ministry, any gift, hospitality or compensation for their labor worth more than 5,000 yen. If the gifts received by government officials exceed 20,000 yen, the information becomes open to the public. For people in government, gifts are not free. They can’t accept presents without accountability, whether or not these are given on birthdays, Christmas, or any kind of memorable day. The same goes for government agencies accepting gifts or donations, wherein specific guidelines are made to ensure transparency and prevent conflicts of interest. For instance, the US Department of Agriculture (USDA)’s Forest Service requires documentation of gifts that the agency receives. Once the agency receives a gift, it should at once write a gift acceptance letter to the donor stating that “gifts in no way imply an endorsement of the gift or the donor, nor impose any obligation on the part of the agency to provide anything to the donor, including data or information." Also, the USDA requires all agencies under it to file annual reports on all gifts exceeding $5,000 to the department’s Office of Procurement and Property Management. The reports must include details about the gift – date received, the donor’s name and contact information, name of the accepting agency and the accepting government official or employee, name and description of the gift, the gift’s estimated value, among others. The laws on accepting gifts in other countries practically resemble those that are being (or supposed to be) enforced in the Philippines. These laws guide government officials and employees on the do’s and don’ts in accepting gifts, including cash gifts. At least four Philippine laws forbid people in government from receiving gifts. These are the following: 1. Presidential Decree 46 - Prohibits public officials and employees to receive gifts, and private persons to give gifts to people in government on any occasion including Christmas. Under PD 46, which was signed into law by President Ferdinand Marcos on Nov. 10, 1972, violators face one to five years of imprisonment and perpetual disqualification from public office. 2. Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees Particularly section 7(d) of the law forbids people in government from soliciting or accepting “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." Under the same law, which was signed by President Corazon Aquino on Feb. 20, 1989, gifts and grants from foreign governments could only be accepted through the consent of Congress, if these are: a. Gifts of nominal value tendered and received as a souvenir or mark of courtesy b. gifts in the nature of a scholarship or fellowship grant medical treatment, and c. Travel grants or expenses for travel taking place entirely outside the Philippines (such as allowances, transportation, food, and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the head of office, branch or agency to which a government official or employee belong. R.A. 6713’s Implementing Rules and Regulations, particularly Rule X (f), further defines the gifts that could be received by government officials and employees: a. Unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee or given after the transaction is completed, or service is rendered. As to what is a gift of nominal value will depend on the circumstances of each case taking into account the salary of the official or employee, the frequency or infrequency of the giving, the expectation of benefits, and other similar factors. b. A gift from a member of his family or relative as defined in the Code on the occasion of a family celebration, and without any expectation of pecuniary gain or benefit. c. Nominal donations from persons with no regular, pending, or expected transactions with the department, office or agency with which the official or employee is connected, and without any expectation of pecuniary gain or benefit. d. Donations coming from private organizations whether local or foreign, which are considered and accepted as humanitarian and altruistic in purpose and mission. e. Donations coming from government to government entities. 3. Republic Act 3019 or the Anti-Graft and Corrupt Practices Act - This law signed by President Carlos Garcia on August 17, 1960, also prohibits public officials and employees from accepting gifts. Two paragraphs under Section 3 of R.A. 3019 state that the following shall constitute corrupt practices: (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 thirteen of this Act. 4. The Revised Penal Code, Section 212 - Does not only punish “corrupted officials" but also “any person who shall have made the offers or promises or given the gifts or presents." - AR Sabangan, GMANews.TV

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