Prohibits gifts to public officials

The decree aims to “put more teeth” into existing prohibitions against receiving gifts to wipe out graft and corruption in the public service.
Public officials and employees must be honest and “above suspicion and reproach.”
Stopping gift-giving to government officials is treated as a concrete reform step toward “new moral values” in the social structure of the country.

The President issued the decree by virtue of powers vested under the Constitution as Commander-in-Chief of the Armed Forces of the Philippines.
The issuance is linked to Proclamation No. 1081 (September 21, 1972) and General Order No. 1 (September 22, 1972).

The decree makes it punishable for any public official or employee, whether national or local government, to receive, directly or indirectly, any gift, present, or other valuable thing.
The decree makes it punishable for private persons to give or offer to give any gift, present, or other valuable thing.
The prohibition applies to gifts “on any occasion, including Christmas.”
The prohibition applies when the gift is given by reason of the public official’s or employee’s official position.
The decree applies regardless of whether the gift is for past favors.
The decree applies regardless of whether the giver hopes or expects a favor or better treatment in the future.
The decree expressly includes the act of throwing of parties or entertainments in honor of the official or employee or of the official’s or employee’s immediate relatives.

For violation, the law imposes imprisonment for not less than one (1) year nor more than five (5) years.
For violation, the law imposes perpetual disqualification from public office.
The concerned public official or employee is also subject to administrative disciplinary action.
If found guilty administratively, the concerned official or employee is meted out the penalty of suspension or removal, depending on the seriousness of the offense.

Any provision of law, executive order, rule, regulation, or circular inconsistent with Presidential Decree No. 46 is repealed or modified accordingly.
The decree is expressly framed as strengthening an existing prohibition recognized under “existing laws and the Civil Service Rules” against receiving gifts in the course of official duties.