REGALO

Here is one worrisome public statement of the President which created a great deal of criticism when he said in his speech policemen may receive gifts from generous and thankful benefactors.  Speaking before police officers at the 118th anniversary of the police service in the country, Duterte said he did not consider gift-giving bribery.

“Kung bigyan kayo tanggapin n’yo. It is not bribery... What I mean is if there is generosity in them. Sabi ng anti-graft you cannot accept gifts. Kalokohan,” Duterte said in his speech before officials and members of the Philippine National Police.

He said he found no problem with police receiving gifts especially if from people expressing their gratitude.

In the culture of the Filipino which is “utang na loob” some if not many  practice giving gifts or favor for service rendered, which in reality is prevalent in government. The problem really is it is the stepping stone to corruption, or the first bite of the apple regardless of whether we justify it as nothing  harmless or wrong in receiving it, when done in the spirit of generosity or appreciation. The bent of  human nature attaches strings to the gift, no matter how one may affirm that it would not ever affect his discretion or judgment in matters relating to his work or authority as a government functionary. Let’s face it it. There is really magic in a gift or favor.  If gifts are offered, receiving them would either bring us under obligation to the givers, or bring us under their spell, it is just that simple. It is sometimes a dry run to the practice of bribery. A temptation hard to resist and if one should come out clean he should nip it in the bud by refusing it outright. Justifying it or rationalizing it or willing yourself to believe that there’s nothing wrong in accepting a favor or gift from someone who is very appreciative of a job well done is a dangerous pit. In the first place civil servants are supposed to be paid, to do their job exactly that, do to it well. promptly, honestly, no need of greasing the hands. 

It stands to reason that our Civil Service Laws prescribed the NO GIFT POLICY which all civil servants know fully well. And it is seriously lamentable for the highest official of the land to a call this policy “kalokohan” because he is standing on the platform against corruption in government, and many of us perceive him to be doing a good job in weeding out the corrupt in government. 

We are receiving mixed signals here. The President’s ambivalence seems to be confusing. His Presidential Spokesman does not help, any, in divining  what is in the mind of the President when he simply echoed the controversial statement. Perhaps the President  may have uttered it in jest, we do not know. The President could ramble on and sometimes lapse in Freudian slip.

The NO GIFT POLICY is provided in Section 27, Article II of the 1987 Constitution states that: “The State shall maintain honesty  and  integrity  in  the  public  service  and  take  positive  and  effective measures against graft and corruption.” Sec. 1, Article XI of the 1987 Constitution states that: “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.”

Republic  Act  No.  3019,  Anti-Graft and Corrupt Practices Act provides that: “It is the  policy  of  the  Philippine  Government,  in  line  with  the  principle that  a public  office  is  a  public  trust,  to  repress  certain  acts  of  public  officers  and private persons alike which constitute graft or corrupt practices or which may lead thereto.”

Republic  Act  No,  6713,  Code  of  Ethical  Standards  for  Public  Officials  and Employees  provides  that:  “It  is  the  policy  of  the  State  to  promote  a  high standard of ethics in public service.”

Republic Act 6713 Section 7 (d)   Solicitation  or  acceptance  of  gifts.  —  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

Former CSC Chairman Francisco Duque III said, “Gifts may be construed as a bribe or reward in exchange for a favor or better treatment. Serving the public is our duty and we must give the best possible service without expecting anything in return.”

In reaction Senator Panfilo Lacson a former Police General himself, and a perceived Presidential ally, tweeted, “Mr President, insatiable greed starts with simple, petty graft. It could be more addicting than drugs. There is no detox, nor is there rehab facility available for addiction to money.”