REGARDLESS of the situation and the intent, all public officials and employees are prohibited from making any solicitations.
Lawyer Earl Bonachita, former president of the Integrated Bar of the Philippines’ Cebu City chapter, said Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees does not qualify whether prohibited solicitations are for personal or public benefit.
But he cited a previous ruling of the Supreme Court which states that “the commission of that act (of solicitation) as defined by the law, and not the character or effect thereof, that determines whether or not the provision has been violated.”
“In other words, it does not matter whether it is for public or private purpose as good faith is not even valid defense… That’s my personal opinion about the issue,” Bonachita told CDN yesterday.
Just recently, the secretary of Cebu City Mayor Michael Rama was accused of soliciting bottled water to be used for the mayor’s State of the City Address yesterday.
Belinda Navascues, the mayor’s secretary, admitted signing solicitation letters sent to commercial establishments Gardenia and Philippine Spring Water Resources Inc. to request for donations of bread and water for public school students during the Independence Day celebration last June 12.
He, however, denied soliciting bottled waters for Rama’s SOCA.
Earlier, lawyer Johnson Hontanosas, resident ombudsman of City Hall, said he saw nothing illegal in it.
Lawyer Gonzalo Malig-on, president of the IBP Cebu Province chapter, said solicitations are prohibited under Republic Act 6713 and Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
But he declined to comment on the issue involving Rama’s secretary.
“I won’t give any comment about that in order to protect IBP from perception of partisan bias given the context,” Malig-on said.
CDN tried but failed to reach lawyer Hidelito Pascual, incumbent president of the IBP Cebu City Chapter.
The Office of the Ombudsman in the Visayas, through its spokesperson Maria Corazon Naraja, earlier declined to comment on the issue, saying they do not want to prejudge any case that may be filed before the anti-graft office.
Naraja nonetheless urged government officials and employees to revisit pertinent provisions of the law to avoid any violations.
She encouraged government officials and employees to “exercise prudence in their dealings with the public, and to ensure that their actions are beyond suspicion.”
Section 7, paragraph d of RA 6713 states 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.”
Section 3, paragraph b of RA 3019 also considers as a violation “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.”