Title
Supreme Court
Prohibits gifts to public officials
Law
Presidential Decree No. 46
Decision Date
Nov 10, 1972
Presidential Decree No. 46 prohibits public officials and employees from receiving gifts, including during Christmas, and private individuals from giving gifts to them, in order to combat corruption and promote ethical behavior, with violators facing imprisonment, disqualification from public office, and administrative disciplinary action.

Law Summary

Scope and Applicability

  • The prohibition covers all public officials and employees, whether at the national or local government level.
  • It extends to gifts given directly or indirectly.
  • The law also forbids throwing parties or entertainments in honor of the public official, employee, or their immediate relatives.

Rationale and Policy Objectives

  • Strengthening and putting more teeth into existing laws and Civil Service Rules prohibiting gift acceptance.
  • Aimed at eliminating graft and corruption in the public service.
  • Seeks to promote new moral values within the public sector as part of the broader social reforms under the New Society administration.

Penalties and Sanctions

  • Imprisonment ranging from one (1) year to five (5) years for violations.
  • Perpetual disqualification from holding public office.
  • Administrative disciplinary action which may include suspension or removal depending on the severity of the offense.

Legal Effect and Implementation

  • Repeals or modifies any inconsistent laws, orders, rules, regulations, or circulars.
  • The decree takes effect immediately upon publication.

Authority and Enactment

  • Issued by the President of the Philippines under constitutional powers.
  • Enacted pursuant to specific proclamations and general orders relating to national governance during the period.
  • Signed and promulgated in Manila on November 10, 1972.

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