Making It Punishable For Public Officials And Employees To Receive, And For Private Persons To Give, Gifts On Any Occasion, Including Christmas
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Making It Punishable For Public Officials And Employees To Receive, And For Private Persons To Give, Gifts On Any Occasion, Including Christmas
Presidential Decree No. 46
November 10, 1972
Case Overview and Summary
Summary of Presidential Decree No. 46Prohibition on Receiving and Giving Gifts
- It is 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. (Section 1)
- This prohibition applies when the gift, present or other valuable thing is given by reason of the official's position, regardless of whether it is for past favors or in the expectation of future favors or better treatment. (Section 1)
- The prohibition includes throwing parties or entertainments in honor of the official or employee or their immediate relatives. (Section 1)
Penalties
- Violation of this Decree shall be punished with imprisonment for not less than one (1) year nor more than five (5) years and perpetual disqualification from public office. (Section 2)
- The official or employee concerned shall also 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. (Section 2)
Repealing Clause
- Any provision of law, executive order, rule or regulation or circular inconsistent with this Decree is hereby repealed or modified accordingly. (Section 3)
Effectivity
- This Decree shall take effect immediately after its publication. (Section 4)
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Making It Punishable For Public Officials And Employees To Receive, And For Private Persons To Give, Gifts On Any Occasion, Including Christmas
Presidential Decree No. 46
•November 10, 1972
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 46 November 10, 1972
MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TO RECEIVE, AND FOR PRIVATE PERSONS TO GIVE, GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS
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...
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