Legal basis and referenced issuances
- The Circular is anchored on Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees, as amended).
- The Circular is also anchored on Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act, as amended).
- The Circular references the PNP Integrity Development Review (IDR) Action Plan.
- The Circular references Ombudsman Rules on Gifts and Benefits, series of 2005.
- The Circular directs that acts constituting graft or corrupt practices shall be dealt with under Republic Act No. 3019.
Purpose and policy thrust
- The Circular prescribes the policies and guidelines for the giving and acceptance of gifts and mementos by PNP units/personnel during PNP activities and ceremonies.
- The policy requires conduct that does not influence official actions and avoids any reasonable perception of influence over past, present, or future official functions.
- The policy allows limited hospitality and tokens of appreciation while maintaining integrity of the PNP.
Coverage and what counts as “gifts and benefits”
- The Circular applies to all personnel of the Philippine National Police (PNP).
- Gifts and benefits under this policy include gifts/benefits received by the PNP as an institution from other offices or organizations, including grants and donations to enhance effectiveness.
- Gifts and benefits include cash or material rewards or prizes given by the PNP to its personnel during Anniversary and Christmas celebrations.
- Gifts and benefits include gifts exchanged during Christmas celebrations among PNP members/units.
- Gifts and benefits include performance-based rewards such as cash, scholarship grants, and similar benefits, given to PNP personnel by appropriate government agencies, private institutions, or national or international organizations.
Key definitions for gifts, mementos, and benefits
- A “Gift” is a thing or a right disposed of gratuitously, or an act of liberality in favor of another who accepts it.
- A “Gift” includes a simulated sale or an ostensibly onerous disposition.
- “Memento and Souvenir” refers to unsolicited gifts of nominal value given as a gesture of diplomacy and courtesy and not in anticipation of, or in exchange for, a favor from PNP members.
- “Receiving Gifts” is the act of accepting directly or indirectly a gift from a person other than a member of the recipient’s family or relatives, even on the occasion of celebration.
- “Benefit” refers to a right, privilege, entertainment, exemption, or any other similar act of liberality in favor of another.
Accepting gifts by PNP members
- PNP members must not directly or indirectly accept or receive any gift or benefit from any party that may influence official actions or may reasonably be perceived as influencing past, present, or future performance of official functions.
- During the performance of official functions, PNP personnel must not accept any fee or remuneration beyond what they are legally entitled to receive in their official capacity under law.
- PNP personnel may accept plaques, certificates, souvenirs, or other tokens of appreciation/gratitude for official visits/ceremonies when such tokens will not influence official action and will not reasonably be perceived as intended to influence performance of official functions.
- PNP members who receive mementos/souvenirs from visitors must inform the Administrative Officers of the PNP units.
- Administrative Officers of all PNP units must maintain a registry of mementos and souvenirs.
- The Administrative Officer must record in the registry the: (1) name and office of the giver; (2) date of receipt; (3) name of the recipient; (4) nature of the occasion/visit; and (5) description of the memento/souvenir.
- The following souvenirs/mementos may be accepted when they meet the conditions:
- provided as token during official visits;
- minimal in value (low-cost promotional objects, simple means);
- within the normal standards of courtesy, hospitality, or protocol; and
- do not compromise or appear to compromise the integrity of the PNP.
- Any act by PNP members that constitutes graft or corrupt practices, or may lead thereto, must be proceeded with under Republic Act No. 3019.
Giving gifts and mementos
- During official visits/activities and in accordance with PNP tradition, protocol, and ceremonies, a PNP unit may give one memento to the guest or visiting dignitary to symbolize appreciation and gratitude.
- PNP units may give visitors a gift during PNP activities, provided the gift is not more than one, has minimal value, is locally produced or customarily given as a sign of goodwill or respect for local custom and tradition.
- The gift to a receiving dignitary/guest must not be wrapped when presented.
- PNP personnel may give to and/or receive from fellow PNP personnel tokens/gifts of nominal value appropriate to the occasion.
- A gift is nominal if its value is not more than Five Hundred Pesos (P500.00).
- PNP personnel may give to and/or receive from fellow PNP personnel emergency contributions/assistance of reasonable value or amount in cases of death, illness, and other similar situations as part of PNP tradition to help a brother/sister in need.
Responsibilities and reporting
- Directors/Heads of Offices/Chiefs of Police/Commanders must be directly responsible for the strict implementation of the Circular.
- Administrative Officers of all PNP units must submit a quarterly report to the Office of the Chief Directorial Staff on the mementos/souvenirs received by their units.
Penalties and disciplinary consequences
- Any violation of the Circular is a ground for disciplinary action.
- Disciplinary action is without prejudice to the filing of appropriate criminal charges against the erring PNP personnel, when warranted.
Repeal of inconsistent PNP issuances
- Provisions of existing PNP issuances that are inconsistent with the Circular, in whole or in part, are deemed repealed, set aside, amended, or modified accordingly.