MANILA, Philippines — Justice Secretary Menardo Guevarra on Monday suggested that the Civil Service Commission (CSC) should set the guidelines on the kind of gifts that government workers would be allowed to accept.
“If I may suggest the CSC commissioners maybe you may have to set specific guidelines to determine if a government worker or a public officer is exceeding the bounds of ethics. It should be the CSC that should set the guidelines,” Guevarra told reporters.
Guevarra said the guidelines would be necessary because, despite existing laws, there were still some gray areas that could be addressed by the CSC.
“Probably by way of implementing guidelines kasi nasa batas naman yun the CSC cannot change the law. Presently ang wording ng law ‘gifts of insignificant value on special occasions depending on the customs or practices in the place.’ The CSC may create guidelines to implement the provision of the law at di pwede baguhin ng CSC the provison of the law itself because that is something for Congress to do,” Guevarra added.
On the part of the Department of Justice (DOJ), Guevarra said they follow what is provided for under the Anti-Graft and Corrupt Practices Act as well as the Code of Ethical Standards for Public Officials and Employees, or Republic Act No. 6713.
The Code of Ethical Standards provides that public officials and employees should 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.”
On the other hand, the Anti-Graft and Corrupt Practices Act, or RA No. 3019, states that “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” is an exception to the rule proscribing state workers from “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 party, wherein the public officer in his official capacity has to intervene under the law.”
“It is difficult to give specific guidelines because according to the law it would depend on the local customs and traditions of the place where the gift-giving happens so it is really a relative term,” Guevarra said.“Unless, of course, the Civil Service Commission would give an exact or precise definition, let’s say, no gift exceeding P1,000 in any occasion — so the CSC can do that. But right now there is no such rule. So the concept is flexible, very relative,” he added.
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