Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 46)
The main purpose of Presidential Decree No. 46 is to make it punishable for public officials and employees to receive, and for private persons to give, gifts on any occasion, including Christmas, by reason of the official's position, to prevent graft and corruption in the public service.
All public officials and employees, whether of the national or local governments, are covered by the prohibition against receiving gifts under Presidential Decree No. 46.
The prohibition applies to any occasion, explicitly including Christmas, and any other occasion where gifts are given by reason of the official's position.
No, the law prohibits giving gifts whether or not the giver expects or hopes to receive a favor or better treatment from the public official or employee in the discharge of his official functions.
Yes, private persons who give or offer to give any gift, present, or other valuable thing to public officials by reason of their official position are punishable under this decree.
They face imprisonment of not less than one year nor more than five years, perpetual disqualification from public office, administrative disciplinary action including suspension or removal depending on the seriousness of the offense.
Yes, it covers both direct and indirect receipt or giving of any gift, present, or other valuable thing.
Yes, the throwing of parties or entertainments in honor of the official or employee or their immediate relatives is included within the prohibition.
Yes, the official or employee shall be subject to administrative disciplinary action if found guilty, with penalties such as suspension or removal.
Yes, any provision of law, executive order, rule or regulation or circular inconsistent with this Decree is repealed or modified accordingly.