THE Ombudsman-Visayas reminded government officials and employees to avoid soliciting or receiving gifts during the holidays lest they be charged with violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
“Anyone working in government should perform his or her duties without waiting for something in return,” said lawyer Maria Corazon Naraja, investigator and spokesperson of the anti-graft office.
A gift refers “to a thing or a right disposed of gratuitously or any act of liberality, in favor of another who accepts it and shall include a simulated sale or an ostensibly onerous disposition.”
An exception to the rule is when the unsolicited gift is of small or insignificant value offered or given as a mere ordinary token of gratitude or friendship according to custom.
If a government official or employee is in a quandary why a gift is given, Naraja said it would be best not to accept it.
“If you’re confused on what the giver wants in return, better not to receive the gift,” she said.
Naraja said the Ombudsman will investigate all complaints filed at their office. At least four laws regulate the practice of accepting or soliciting gifts involving public officials and employees.
These are the Revised Penal Code, Republic Act 3019 Anti-Graft and Corrupt Practices Act, Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees, and Presidential Decree 46.
Prohibited by law is the act of receiving any gift “from a person other than a member of the public officer’s immediate family… even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive.”
Penalties may range from one to five years in prison, perpetual disqualification from public office, and other accessory penalties.