Question & AnswerQ&A (OMB OFFICE ORDER NO. 05-15, S. 2005)
These rules apply to all officials and employees of the Office of the Ombudsman, in addition to other prohibitions on soliciting and receiving gifts and benefits imposed by law.
A 'gift' refers to a thing disposed of gratuitously in favor of another, including a simulated sale or a disposition onerous to the giver and/or unduly beneficial to the recipient.
'Benefit' refers to a right, privilege, entertainment, exemption, or any other similar act of liberality in favor of another.
No, OMB officials and employees shall not solicit, directly or indirectly, gifts and/or benefits for themselves or others.
They may accept gifts and/or benefits only from their spouses, children, parents, parents-in-law, brothers, sisters, and other relatives within the 4th civil degree, provided these relatives do not act as counsel or agents in cases before the Ombudsman and the gifts do not exceed specified value limits without registration.
They are prohibited from accepting gifts and benefits from parties, counsel, and their agents; accused, defense counsel, and their agents in any Ombudsman case; suppliers, contractors and their agents; and other parties transacting business with the Office.
Such gifts and/or benefits must be recorded in a Registry Book kept in custody by the Internal Affairs Board (IAB).
Prohibited gifts left at the Office or premises must be immediately returned to the giver or, if returning is impractical, handed over to the Director of the Public Assistance Bureau for disposition to appropriate charitable institutions or organizations.
Violations shall be grounds for disciplinary action and may also lead to the filing of appropriate criminal charges against the erring official or employee.
Yes, exceptions include gifts received by the Office as an institution (such as grants and donations), gifts or cash awards given by the Office during celebrations, exchanges among members of certain inter-agency councils, and performance-based cash rewards or scholarships granted by appropriate bodies.
The IAB is responsible for keeping custody of the Registry Book for recorded gifts and benefits and must submit quarterly reports to the Ombudsman on the gifts registered.