QuestionsQuestions (PRESIDENTIAL DECREE NO. 46)
PD 46 aims to strengthen existing rules against gifts to public officials and to curb graft and corruption by promoting a public service culture “above suspicion and reproach,” including measures to stop gift-giving (even on Christmas and other occasions).
Any public official or employee, whether of the national or local governments, is covered by the prohibition to receive gifts or other valuable things directly or indirectly.
Private persons who give or offer to give gifts (directly or indirectly) to public officials or employees when the gift is given by reason of their official position are penalized.
PD 46 prohibits (1) receiving gifts by public officials/employees and (2) giving or offering to give gifts by private persons. It also includes throwing parties/entertainments in honor of the official or employee or of his immediate relatives.
No. PD 46 expressly states that the prohibition applies regardless of whether the gift is for past favors or whether the giver hopes/expects to receive a future favor or better treatment.
The gift must be given “by reason of his official position,” i.e., connected to the recipient’s public office.
No. While it expressly includes Christmas, PD 46 covers gifts “on any occasion,” including parties and entertainments honoring the official or employee or immediate relatives.
Imprisonment of not less than one (1) year nor more than five (5) years and perpetual disqualification from public office.
The concerned official/employee may be subject to administrative disciplinary action, with possible penalties of suspension or removal depending on the seriousness of the offense.
It provides that any inconsistent provisions of law, executive orders, rules, regulations, or circulars are repealed or modified accordingly.
It takes effect immediately after its publication.
It indicates that the prohibition covers not only direct receipt/giving but also indirect arrangements—e.g., through intermediaries or indirect benefits—so long as the gift is by reason of the official position.
Yes. PD 46 explicitly includes the throwing of parties or entertainments in honor of the official/employee or his immediate relatives.
It establishes two sides of liability: public officials/employees can be punished for receiving (directly/indirectly), and private persons can be punished for giving or offering to give (when the gift is linked to official position).