Reminder to gov’t workers: Soliciting, accepting gifts illegal

A little more than a month before the Yuletide season officially begins, government workers are warned against accepting gifts or soliciting items for Christmas parties or holiday celebrations.

Civil Service Commissioner, Atty. Aileen Lizada, on Saturday, said solicitation or acceptance of gifts violates Republic Act 6713 otherwise known as an Act Establishing A Code of Conduct and Ethical Standards for Public Officials and Employees, and Republic Act 3019 or "The Anti-Graft and Corrupt Practices Act."

The 2017 Rules on Administrative Cases in the Civil Service also specifically prohibits "soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value in the course of one's official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of one's office."

"The important question here is that we must remember: If you are not in the position, will the solicited item be given to you? Of course not, right?" Lizada said, adding that these laws are implemented so that government positions are not abused.

She went on to say that if she, as CSC Commissioner, requests for raffle prizes or Lechon for Christmas from those with a pending case with their office, they will certainly be granted.

"Or if I'm still in the LTFRB, and I ask the bus operators, UV or taxi operators, will they reject me? No. They will just be afraid," she added in Filipino.

Section 7(d) of RA 6713 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."

The law's penalty clause reads: "Any public official or employee, regardless of whether or not he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act shall be punished with a fine not exceeding the equivalent of six months' salary or suspension not exceeding one year, or removal from office depending on the gravity of the offense after due notice and hearing by the appropriate body or agency."

Meanwhile, provision of Section 3(b) of RA 3019 states: "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."

Under Section 3(c) of the same law, "Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefits, 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."

Penalties for violation of RA 3019 include imprisonment for not less than one year nor more than ten years, perpetual disqualification from public office, and confiscation or forfeiture in favor of the government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and other lawful income.

"Each solicitation letter is a possible case. So if a head of agency sends out 10 letters requesting prizes, food, and the like, that is already 10 counts," Lizada said.

She urged public officials not to abuse their positions.

"To serve people requires integrity and dignity to be good exemplars. That is supposed to be our anchor, of the more or less 1.7 million public workers," she added.

Lizada said then-president Ferdinand E. Marcos signed on 10 November 1972 Presidential Decree No. 46 "making it punishable for public officials and employees, 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 things on any occasion, including Christmas."