Question & AnswerQ&A (NEA NO GIFT POLICY)
The No Gift Policy is based on the 1987 Constitution (Sections 27 and 1 of Articles II and XI), Republic Act No. 6713 (Code of Conduct and Ethical Standards), Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), and Section 29 of the Code of Corporate Governance for Government Owned and Controlled Corporations (GCG Memorandum Circular No. 2012-07, s. 2012).
The policy covers the Board of Administrators, Management, regular and project-based employees of the NEA.
A gift refers to anything given gratuitously in favor of another, including gratuity, favors, services, discounts, cash, securities, entertainment, or things of monetary value. It excludes unsolicited gifts of nominal or insignificant value given without anticipation of any favor.
Yes. Exemptions include customary gifts among agencies, tokens of gratitude or friendship, certificates or plaques, seminar materials, modest meals at official events, books or publications useful to NEA, authorized honoraria, working meals that are modest, nominal product samples, scholarships or grants consistent with government interests, and grants from local or foreign institutions abiding by procurement laws.
NEA officials and employees are prohibited from soliciting or accepting gifts, gratuities, favors, loans, entertainment, or anything of monetary value related to their official duties or any transactions affecting their office, including honoraria, sponsorships, discounts not equally offered to the public, gifts in violation of law, or those intended to influence official actions.
They must politely and immediately decline the gift. If returning it is impractical, the gift should be forwarded within 24 hours to the General Services Division to be donated to charitable institutions, with a record maintained thereof.
Violations are reported to the Human Resources and Administration Department for endorsement to the Legal Services Office. Members of the Board face penalties under GCG rules and other applicable laws, while management and employees face administrative sanctions under Civil Service Law, Rules, and other applicable laws and regulations.
The Policy aims to promote unbiased professionalism, reinforce integrity among officials and employees, provide consistent high-quality service without preferential treatment, sustain transparency, and clearly define guidelines on receiving gifts.
They must read, understand, and abide by the policy's standards and procedures. Management is responsible for ensuring compliance among all officials and employees.
The policy is advertised by posting notices within office premises and on the NEA website. Officials and employees are required to inform individuals or organizations that have business dealings with the NEA about the policy and request compliance.