Rules on Gifts and Benefits

March 5, 2008

BUCOR SPECIAL ORDER NO. 126-08

 

I. PURPOSE

Pursuant to the provisions of R.A. No. 6713 otherwise known as Code of Conduct and Ethical Standards for Government officials and employees, and guided by the principles that a public office is a public trust and all public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and lead modest lives, the Bureau of Corrections is committed to uphold the highest standards of honesty and integrity throughout the institution.

In order to successfully achieve the mandate of twin inseparable objectives of custody and rehabilitation of national offenders, the officials and employees of this Bureau should serve as models for honesty, humility, and integrity. Thus, any act of dishonesty through acceptance or honoring bribery, greatly affects the honor and dignity not only of the employees but the represented institution as well.

In this view thereof, there is a need to establish Rules on Gifts and Benefits that are peculiar to the officials and employees of the Bureau of Corrections. DcIHSa

II. SCOPE

These Rules shall apply to all officials and employees of the Bureau of Corrections, in addition to other prohibitions on soliciting and receiving gifts and benefits imposed by law.

III. POLICIES AND RULES

SECTION 1. As used herein, the terms:

A. Gifts

1. Refers to donations given by the benefactors for officials use of the recipients.

2. Assistance in kind or in cash for the benefit of the recipient.

3. Anything monetary in value, be it a tangible item or service. That includes gratuity, favor, discount, entertainment, hospitality, forbearance, training, transportation, lodging, meal or anything else of monetary value.

B. Benefit — refers to a right, privilege, entertainment, exemption or any other similar act of liberality in favor of another.

C. Nominal value — refers to the value of gift, which is Three Hundred Pesos (Php300.00) more or less.

SECTION 2. BuCor officials and employees shall not solicit, directly or indirectly, gifts and benefits for personal or individual use.

SECTION 3. BuCor officials and employees shall not directly or indirectly accept or receive any gifts or benefits from any party which may influence their officials actions on which might reasonably be perceived as influencing or improperly relating to past, present or future performance of their official function. aIcSED

SECTION 4. BuCor officials and employees shall not accept or receive gifts and/or benefits, directly or indirectly from any of the following:

a. Inmates and Inmate relatives.

b. Suppliers and contractors of the BuCor.

c. Applicants seeking employment in BuCor.

d. Other parties transacting business with their offices.

SECTION 5. BuCor officials and employees may accept gifts from their fellow officials and employees on occasions such as Birthdays, Christmas, Valentines and Anniversaries.

SECTION 6. Any gifts left by givers which are considered prohibited under Section IV and can no longer be returned, whether cash or kind shall be turned over to cashier office or supply office respectively for disposal of the screening committee to be created by the Penal Superintendent for the welfare of the inmates.

SECTION 7. All donations shall likewise be recorded in the Books of Account of the Supply Division or Supply Office of the Penal Farm where the donation/s was made and shall be properly tagged as BuCor Property. IcTaAH

SECTION 8. BuCor officials and employees may give and/or received token gifts of nominal value from their fellow officials and employees appropriate to the occasion in which it is made. A gift shall be considered nominal if it has a value of Three Hundred Pesos (P300.00), more or less, on a per giver/recipient basis or such similar amount as may be appropriate to the position and/or income of the giver. It must be understood, however, that if the aggregate amount of the token gifts of nominal value received under this section within the calendar year is Two Thousand Pesos (P2,000.00) or more, the recipient shall cause the same to be recorded in a Registry Book which the BuCor may provide in the custody of the Cashier's Office.

BuCor officials and employees may give and/or receive to/from their fellow officials and employees emergency contribution/assistance of reasonable value of amount in cases of death, illness and other similar situations.

SECTION 9. These rules shall not apply to the following:

a. Gifts and/or benefits received by the Office as an institution from other offices or organizations, including grants and donations.

b. Gifts or cash awards given by the Office to its officials and employees during Anniversary and Christmas celebrations. TSEcAD

c. Gifts received by the office from different government and private organizations during the Anniversary and NCCW celebrations.

d. Gifts exchanged on occasions of Christmas celebrations among BuCor officials and employees.

e. Performance-based cash rewards, scholarship grants, and similar benefits granted to BuCor officials and employees by appropriate government agencies, private institutions, or national or international organizations.

Under paragraphs a to e of this section however, if the total value of the gifts and/or benefits received is Two Thousand Pesos (P2,000.00) or more, it shall likewise be recorded in the Registry Book to be provided by BuCor kept in custody of the Cashier's Office.

IV. PENALTIES

Any violation of these rules shall be a ground for disciplinary action, without prejudice to the filing of appropriate criminal charges, if warranted, against the erring official and/or employees. AECacS

V. EFFECTIVITY

These rules shall take effect within fifteen (15) days after its publication in the Official Gazette, and upon filing with the University of the Philippines Law Center of three (3) certified copies thereof.

 

(SGD.) PDG OSCAR C. CALDERON, PNP (Ret.)Acting Director