Thursday, July 21, 2016

CASE STUDY # 8: GIFTS GALORE

In the Republic Act 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and its Implementing Rules is “Receiving any gift includes the act or accepting directly or indirectly, a gift from a person other than a member of his family or relative as defined in this Act, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal or insignificant, or the gift is given in anticipation of, or in exchange for, a favor.”

There is no doubt that our agency, CSC, had set some strict policies regarding public employees accepting gifts to avoid creating a problem in the future. However, in the Philippines, giving gifts is a deeply rooted tradition and hospitality; it facilitates business relationships and practice. At times however, the line between what constitutes a gift or hospitality and what constitutes a bribe can be unclear and the acceptance of gifts, services and hospitality can leave accusations of unethical or unlawful conduct.

Adora was right when she said that RA 6713 ruled that employees can accept gifts that are nominal or insignificant. But when is a gift nominal or not? When is a gift not a gift? Is it to influence a relationship or induce improper conduct? Or a simple token of thanks?

What constitutes a “lavish” gift or hospitality can be difficult to judge. For example, Adora received an expensive Igorot cloth costing around P2,400 may seem minor to a PNP Director, who gave it to her, but can be significantly valued to a lower-level police. Sometimes, the exact value can also be hard to determine because she receives it one after another, in pieces, not in bulk, so we cannot tell if those are in low value but once summed up – it is no longer minimal.

Another note would be accepting gifts because of a job or transaction done. Each of the employees has their own specific tasks and requires their time and focus, so basically, it is their job and they are paid by the agency for doing so.  Why would you accept a gift for doing a routinely transaction? What is the whole point of giving or accepting gifts after tendering a process?

Gift giving or hospitality to certain persons, for example public officials, is often construed as a facilitation payment and can cause suspicions. The principle of reciprocity is applied in this scenario. If one accepts offer from applicants or suppliers or clients and asks a reciprocal favor, then it is advisable to not accept it. Gift-giving should never be done in exchange of personal benefit.

Adora and other public servants involved in unethical practices are most likely held accountable for their actions. They might not be found guilty or penalized by any court or law, yet the physiological impact of those acts can lead to mental and physical stress. It can also be a reason for mistrust by the public to the agency in general, which is a major setback. The workers might also go to series of investigations, and if proven, he/she may be blacklisted to other government agencies or her/his professional licenses may be revoked.

Immoral dealings amongst individuals or in a company build a work atmosphere of malice and mistrust. Workers tend to go further down the drain when they are surrounded by people who practice the same. This will lead to lower productivity, promote conflict, and subsequently cripple the company.

Employees need guidance on the company’s protocol on giving or accepting gifts or hospitality.  That is why CSC had these standards to formally guide employees of code of ethics and set good practice for the employees. It is always in consistent with all other aspects of the agency’s program in encouraging standards of honesty and integrity in decision-making and behavior.

Communicate your gifts and hospitality policy to your client and remind him/her of that your service is in line with your daily transactions; set yourself as a good example in giving and accepting gifts. Employees should also know that there will be repercussions for their actions and disciplinary measures will always be taken, no matter what the circumstances, on those guilty of unethical conduct.


The entire process of implementing the rules of norms and conduct should focus on the improvement and understanding of the employee’s role in the organization. This will save both sides’ embarrassment and reputation, as well.

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