Making It Punishable For Public Officials And Employees To Receive, And For Private Persons To Give, Gifts On Any Occasion, Including Christmas

Case Overview and Summary

Summary of Presidential Decree No. 46

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- Any provision of law, executive order, rule or regulation or circular inconsistent with this Decree is hereby repealed or modified accordingly.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