The “NO GIFT POLICY” involving all public officials, employees, and personnel is enshrined in the following provisions of the Constitution and existing laws, thus:
Section 1, Article XI (Accountability of Public Officers) of the 1987 Constitution:
Section 1. Public Office is a Public Trust – 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 justice; and lead modest
lives.
Section 1 of the Code of Conduct and Ethical Standards for Public Officials and
Employees:
Section 2. Declaration of Policies – It is the policy of the State to promote a high
standard of ethics in public service. Public officials and employees shall at all
times be accountable to the people and shall discharge their duties with utmost
responsibility, integrity, competence and loyalty, act with patriotism and justice,
lead modest lives and uphold public interest over personal interest.
Section 7 (d) of the Code of Conduct and Ethical Standards for Public Officials and
Employees: “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”.
Section 3 of the Anti-Graft and Corrupt Practices Act: The following shall
constitute corrupt practices of any public officer and thereby declared to be
unlawful:
“(a) Directly or indirectly requesting or receiving any gift, present, share,
percentage, or benefit, for himself or for any other person, in connection
with any contract or transaction between the Government and any other
party, wherein the public officer in his official capacity has to intervene
under the law”.
“(b) Directly or indirectly requesting or receiving any gift, present or other
pecuniary or material benefit, for himself or for another, from any person
for whom the public officer, in any manner or capacity, has secured or
obtained, or will secure or obtain, any Government permit or license, in
consideration for the help given or to be given”.
Section 29 of the Code of Corporate Governance for GOCCs: “Every Governing
Board shall formally adopt a “No Gift Policy” within the GOCC and ensure its full
advertisement to the community and its strict implementation by particular set of
rules”.
DECLARATION OF POLICY
It is the declared policy of PTNI to be legally compliant at all times and to exercise the
highest standard of ethics and to uphold public interest over personal interest in
carrying out its mandates and discharging its functions.
NO GIFT POLICY
PTNI officials, employees, and personnel shall not solicit or accept, directly or indirectly, any
gift, gratuity, favor, entertainment, loan, or anything of monetary value as defined in
the succeeding paragraph, from any person or juridical entities 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.
A thing of monetary value is one which is evidently or manifestly excessive by its very
nature.
The propriety or impropriety of the foregoing shall be determined by its value, kinship
or relationship between giver and receiver and the motivation.
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EXCEPTIONS
Exempted from this “NO GIFT POLICY” are the following:
Unsolicited gift of nominal or insignificant value as defined in the succeeding
paragraph, which is not given in anticipation of, or in exchange for, a favour from a
public official or employee or given after the transaction is completed, or service is
rendered;
As to what is a gift of nominal value will depend on the circumstances of each case
taking into account the salary of the official or employee, the frequency or
infrequency of the giving, the expectation of benefits, and other similar factors;
A gift from a member of his family or relative as defined in the Code of Ethics on
the occasion of a family celebration, and without any expectation of pecuniary gain
or benefit;
Nominal donations from persons with no regular, pending, or expected transactions
with the PTNI and without any expectation or pecuniary gain or benefits;
Donations coming from private organizations whether local or foreign, which are
considered and accepted as humanitarian and altruistic in purpose and mission;
Donations from government to government entities;
The acceptance and retention by the PTNI official, employe, or personnel from foreign
governments of a gift of nominal value tendered and received as souvenir or mark
of courtesy;
The acceptance by the PTNI official, employe, or personnel from foreign governments of
a gift or grant in the nature of a scholarship or fellowship grant or medical
treatment; or
The acceptance by the PTNI official, employe, or personnel of travel grants or expenses
from foreign governments for PTNI official travel taking place entirely outside the
Philippines (such as allowances, transportation, food, lodging) of more than nominal
value if such acceptance is appropriate or consistent with the interest of the PTNI and
permitted by the PTNI Head office.
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REQUIREMENT TO INFORM
The PTNI official, employe, or personnel are required to professionally inform any individual or
organization with any actual or potential business with the PTNI of this “NO GIFT
POLICY” and the reasons why the PTNI has adopted this policy, and request that such
individual or organization respect such policy.
RETURN AND ACKNOWLEDGMENT OF GIFT
If the PTNI, any of its officer, employees, or personnel receives a gift covered by this policy, such gift, if feasible, shall immediately and politely be declined. In the event that it is not feasible, or it is inappropriate or impractical, to return the gift, e. g., it is a perishable item, the gift shall be donated to an appropriate charitable or social welfare institution.
An acknowledgement letter shall be sent to the donor informing him/her of the “NO
GIFT POLICY” or that the gift has been returned or donated to a charitable or social
welfare institution.
WRITTEN EXEMPTION
Any exception to this “NO GIFT POLICY” may be made only with the written
permission of the PTNI Chairman in the case of the members of PTNI Board of Directors
and written permission of the General Manager and COO for all PTNI employees and personnel.