ACT PUNISHING THE RECEIVING AND GIVING OF GIFTS OF PUBLIC OFFICIALS AND EMPLOYEES

(P.D. No. 46)

MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TO RECEIVE, AND FOR PRIVATE PERSONS TO GIVE, GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS.

Edition and source note. This is Presidential Decree No. 46, issued November 10, 1972. The page heading is a short description, not the decree's official title. Gifts to public officials are also governed by R.A. No. 6713, including its definitions in Section 3(c) and (d), the ban in Section 7(d) and its penalties in Section 11; under Section 16, earlier laws that provide a heavier penalty are not repealed. In Malibago-Santos v. Francisco (21 June 2016), the Supreme Court cited both laws in suspending a court employee, without prejudice to other proceedings. P.D. No. 749, whose Section 2 was amended by B.P. Blg. 242, separately grants conditional immunity to givers of bribes and gifts who testify against public officers.

WHEREAS, under existing laws and the civil service rules, it is prohibited to receive, directly or indirectly, any gift, present or any other form of benefit in the course of official duties;

WHEREAS, it is believed necessary to put more teeth to existing laws and regulations to wipe out all conceivable forms of graft and corruption in the public service, the members of which should not only be honest but above suspicion and reproach; and

WHEREAS, the stoppage of the practice of gift-giving to government men is a concrete step in the administration's program of reforms for the development of new moral values in the social structure of the country, one of the main objectives of the New Society;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081 dated September 21, 1972, and General Order No. 1 dated September 22, 1972, do hereby make it punishable for any public official or employee, 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 thing on any occasion, including Christmas, when such gift, present or other valuable thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors or the giver hopes or expects to receive a favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions. Included within the prohibition is the throwing of parties or entertainments in honor of the official or employee or his immediate relatives.

For violation of this Decree, the penalty of imprisonment for not less than one (1) year nor more than five (5) years and perpetual disqualification from public office shall be imposed. The official or employee concerned shall likewise be subject to administrative disciplinary action and, if found guilty, shall be meted out the penalty of suspension or removal, depending on the seriousness of the offense.

Any provision of law, executive order, rule or regulation or circular inconsistent with this Decree is hereby repealed or modified accordingly.

This Decree shall take effect immediately after its publication.

Unverified editorial publication citation retained from the printed compilation: (68 OG No. 47, November 20, 1972) This citation has not been confirmed against an original Gazette issue and does not establish a calendar effectivity date.

Done in the City of Manila, this 10th day of November, in the year of Our Lord, nineteen hundred and seventy-two.

(Sgd.) FERDINAND E. MARCOS President of the Philippines

By the President:

(Sgd.) ALEJANDRO MELCHOR Executive Secretary