Title
DOH Gift Giving Rules and Regulations
Law
Doh Administrative Order No. 2007-0043
Decision Date
Dec 27, 2007
The Department of Health establishes strict rules prohibiting officials and employees from soliciting or accepting gifts and benefits to combat corruption and uphold public trust, with specific guidelines on acceptable gifts and mandatory reporting for those valued at ten thousand pesos or more.
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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.

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