Scope of Application
- The Rules apply to all officials and employees of DOH offices and hospitals.
- These are supplementary to existing laws prohibiting solicitation and receipt of gifts or benefits.
Key Definitions
- Gift: Money or material objects given in any form, including simulated sales, that benefit the recipient unduly.
- Benefit: Rights, privileges, entertainments, exemptions, or acts of liberality favoring the recipient.
- Receiving a Gift: Acceptance, direct or indirect, of gifts from non-family members, especially if in anticipation of favors.
- Agent: A representative of another person.
- DOH: Refers broadly to all DOH offices and hospitals.
- DOH Hospital: Hospitals under DOH administrative and technical supervision.
- Central Office (CO): Specific offices of DOH in Manila, Quezon City, Muntinlupa, and other specified locations.
Prohibition on Solicitation of Gifts
- DOH officials and employees shall not solicit any gifts or benefits for themselves or others.
- Exceptions require prior approval from the Department of Social Welfare and Development.
Restrictions on Acceptance of Gifts and Benefits
- Officials cannot accept gifts or benefits if they may influence or be perceived to influence their official duties.
- Acceptance of fees beyond lawful entitlement related to official functions is prohibited.
Prohibited Sources of Gifts
- Gifts from tobacco or milk industries and related organizations.
- Bidders, suppliers, contractors, or entities with DOH contracts.
- Applicants for DOH permits, licenses, or similar authorizations.
- Other transaction parties with DOH offices.
- Individuals or their representatives involved in investigations or legal cases with the DOH.
Permissible Acceptance and Record-Keeping
- Gifts from entities not prohibited may be accepted if below Php 10,000 value; higher value gifts must be recorded.
- Registry of Gifts book maintained by the Internal Audit Service for central offices and Administrative Officers for others.
Token Gifts Among Officials and Employees
- Token gifts among DOH personnel are allowed if appropriate to occasions.
- Gifts valued at Php 10,000 or more must be recorded in the Registry of Gifts.
Gifts Between Hospitals and Patients
- DOH hospital staff may accept gifts from patients, with gifts of Php 10,000 or more recorded formally.
Emergency Contributions
- Emergency assistance for death, illness, calamity, or similar cases between officials and employees is permitted if reasonable in value.
Acceptance of Donations
- Food, medical supplies, medicines, and devices may be accepted if accompanied by formal acknowledgment and used for indigent patients or DOH public health activities.
- Donations under Php 500 require only an acknowledgment receipt.
- Recipients must submit reports on the use of donations.
Acceptance of Plaques and Awards
- Officials may receive plaques, awards, certificates, souvenirs, or tokens of gratitude linked to their participation as speakers or lecturers.
- Such tokens must not be perceived as influencing official functions.
- Transportation and accommodation provided for such occasions are also acceptable.
Gifts During Celebrations
- Gifts exchanged during anniversaries, Christmas, or inter-agency council events are allowed, with Php 10,000 or more gifts recorded.
Handling of Prohibited Gifts
- Prohibited gifts left at DOH premises must be returned immediately.
- When returning is impractical, gifts shall be turned over for disposition to charitable institutions or indigent families.
- Gift-givers will be notified, and monthly reports on gift disposition must be submitted.
Performance-Based Rewards
- Officials may receive performance-based cash rewards, scholarships, and similar benefits from government and non-profit institutions.
Reporting Requirements
- Monthly reports on gifts recorded must be submitted to the Integrity Development Committee or a corresponding oversight body.
Penalties for Violations
- Violations of these rules constitute grounds for disciplinary action.
- Offenders may face administrative or criminal charges where applicable.
Effectivity
- The Administrative Order takes effect five days after posting on the DOH Intranet website.