Rules on Gifts and Benefits

January 24, 2005

OMBUDSMAN OFFICE ORDER NO. 05-15

 

I. PURPOSE

Being at the forefront in the fight against graft and corruption 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 Office of the Ombudsman is committed to upholding the highest standards of honesty and integrity throughout the institution.

In the performance of their duties and responsibilities, the officials and employees of this office should serve as the protectors of the people and paragons of truth and justice. Thus, any act of indiscretion or impropriety, or suspicion of indiscretion on their part, shall greatly affect the honor and dignity of the institution and the people's confidence in it.

In this light, there is an imperative need to establish rules on gifts and benefits that are peculiar to the officials and employees of the Office of the Ombudsman.

II. SCOPE

These Rules shall apply to all officials and employees of the Office of the Ombudsman, 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 term:

Gift — refers to a thing disposed of gratuitously in favor of another, and shall include a simulated sale or a disposition onerous to the giver and/or unduly beneficial to the recipient.

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

Agent — a person who acts in representation of another.

SECTION 2. OMB officials and employees shall not solicit, directly or indirectly, gifts and/or benefits, for themselves or for others.

SECTION 3. OMB officials and employees shall not, directly or indirectly, accept or receive any gift or benefit from any party which may influence their official actions or which might reasonably be perceived as influencing or improperly relating to past, present or future performance of their official functions.

SECTION 4. In the course of the performance of their official functions, OMB officials and employees shall not accept any fee or remuneration beyond what they are legally entitled to receive in their official capacity in accordance with law.

SECTION 5. OMB officials and employees shall not accept or receive gifts and/or benefits, directly or indirectly, from any of the following:

(a) Parties, counsel, and their agents;

(b) Accused, defense counsel, and their agents in any Ombudsman case before any court;

(c) Suppliers and contractors, and their agents; and

(d) Other parties transacting business with the Office.

SECTION 6. OMB officials and employees shall likewise not accept or receive gifts and/or benefits from other persons belonging to the public sector not falling within the classification in the previous Section.

SECTION 7. OMB officials and employees may accept gifts and/or benefits from their spouses, children and parents, provided that the latter shall not appear or act as counsel in any case before the Office of the Ombudsman, or as defense counsel in any Ombudsman case before any court. They may also accept gifts and/or benefits from their parents-in-law, brothers and sisters, provided the latter do not fall in the classification in Section 5. Gifts and/or benefits received under this Section valued at Two Thousand Pesos (P2,000.00) or more shall be recorded in a Registry Book to be provided and kept in custody by the Internal Affairs Board (IAB).

OMB officials and employees may also accept gifts and/or benefits from their other relatives within the 4th civil degree, who do not fall within the same classification in Section 5; Provided, that any such gift and/or benefit valued at Two Thousand Pesos (P2,000.00) or more shall be recorded in the Registry Book in the custody of the IAB.

The gifts and/or benefits allowed in this Section shall not be given and/or accepted within the Office and its premises or such other places temporarily occupied by the Office or its officers and employees in the conduct of office related functions and activities.

SECTION 8. OMB officials and employees may give and/or receive 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 in the custody of the IAB.

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

SECTION 9. Officials and employees may receive plaques, awards, certificates, souvenirs or other tokens of appreciation or gratitude and/or benefits as appropriate to the occasion/ceremonies in which it is made provided that such plaques, awards or certificates, and/or benefits might not reasonably be perceived as intended to influence the officials/employees in the performance of their official functions.

SECTION 10. All prohibited gifts left at the Office or its premises shall be immediately returned to the giver. In circumstances where it is considered inappropriate or impractical to return the said gifts (e.g., perishable goods), the official or employee concerned shall immediately hand over the same to the Director, Public Assistance Bureau, or his duly designated representative, who shall dispose of the same in favor of charitable organizations, schools, libraries, museums or any other appropriate institutions or organizations, including indigent families. The Director, Public Assistance Bureau, or his designated representative, shall report to the IAB any incident covered by this Section.

SECTION 11. 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;

(c) Gifts exchanged on occasions of Christmas celebrations among members of the Inter-Agency Anti-Graft Coordinating Council, the Constitutional Fiscal Autonomy Group and other organizations to which the Office of the Ombudsman belongs; and

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

Under paragraphs a and c 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 kept in custody by the IAB.

SECTION 12. It shall be the duty of the IAB to submit quarterly reports to the Ombudsman on gifts herein registered.

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 employee.

V. EFFECTIVITY

This Office Order shall take effect within fifteen (15) days after its publication in the Official Gazette, and upon the filing with the University of the Philippines Law Center of three (3) certified copies thereof, including its publication in a newspaper of general circulation for three (3) consecutive weeks.

 

(SGD.) SIMEON V. MARCELOTanodbayan (Ombudsman)