Question & AnswerQ&A (EXECUTIVE ORDER NO. 317)
A 'Relative' is defined as any person related to the President, Vice President, and Members of the Cabinet within the fourth civil degree of consanguinity or affinity, including any offspring of these officials and the parent of such offspring, as well as those related to the latter within the same degree.
Close Personal Relations are persons enjoying close association or intimacy with high-ranking officials that allows easy access to them, such as political contributors, personal friends of long standing, and former schoolmates of the President, Vice President, and Members of the Cabinet.
A 'Gift' refers to anything given gratuitously, or an act of liberality in favor of another who accepts it, including simulated sales or ostensibly onerous dispositions, except unsolicited gifts of nominal or insignificant value not given in anticipation of or in exchange for a favor.
Prohibited acts include soliciting or accepting any funds or gifts, influencing public officials to violate rules, engaging in transactions with the government especially GFIs, exerting undue influence in government contract biddings, having financial interest in government contracts, and using the names of high officials to gain undue advantage.
Yes, Section 5 clarifies that lawful acts of relatives or close personal relations who are engaged in traditional, established, and lawful exercise of their professions, businesses, or trades are not covered by the prohibitions of the Executive Order.
Agreements or transactions made with the government in violation of the Order shall be deemed void. Government officials who tolerate or conspire in such violations may be suspended or removed from office after an investigation.
GFIs are prohibited from increasing equity or investing funds to confer a seat as director to a relative or close personal relation of the President, Vice President, or Members of the Cabinet by means of increasing capital or other means.
It includes accepting directly or indirectly a gift from any person other than a family member or relative, even during family celebrations or national festivities, if the gift is not nominal or insignificant or is given in expectation or exchange for a favor.
The Order took effect immediately upon its signing on November 9, 2000.