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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