Scope of the Rules
- Applies to all officials and employees of the Office of the Ombudsman.
- Supplements other laws prohibiting solicitation or receipt of gifts and benefits.
Definitions
- Gift: Anything given gratuitously, including simulated sales or transactions onerous to giver/beneficial to recipient.
- Benefit: Rights, privileges, entertainment, exemptions, or similar liberality acts.
- Agent: Person acting on behalf of another.
Prohibition on Soliciting Gifts and Benefits
- OMB officials and employees shall not solicit gifts or benefits, directly or indirectly, for themselves or others.
Prohibition on Accepting Gifts and Benefits Influencing Official Acts
- They shall not accept any gift or benefit that may influence, or be perceived to influence, past, present, or future official functions.
Prohibition on Receiving Fees Beyond Legal Entitlement
- No acceptance of fees or remuneration beyond what is legally owed in official capacity.
Prohibition on Accepting Gifts from Specific Parties
- Must not accept gifts/benefits from:
- Parties, counsel, their agents.
- Accused, defense counsel, their agents in any Ombudsman case before any court.
- Suppliers, contractors, their agents.
- Other parties transacting with the Office.
Additional Prohibition on Gifts from Other Public Sector Persons
- Cannot accept gifts/benefits from other public sector persons not included above.
Exceptions for Family Members
- May accept from spouses, children, parents except if they act as counsel/defense counsel in Ombudsman cases.
- May accept from parents-in-law, brothers, sisters not falling under prohibited classifications.
- May accept from other relatives within fourth civil degree not falling under prohibited categories.
- Gifts and benefits valued at P2,000 or more must be recorded in a Registry Book maintained by the Internal Affairs Board (IAB).
- Such gifts must not be given/accepted within office premises or places related to office functions.
Token Gifts Among Colleagues
- Officials/employees may accept/give token gifts of nominal value (around P300 per giver/receiver) appropriate to occasion.
- Aggregate token gifts amounting to P2,000 or more in a calendar year must be recorded in IAB’s Registry Book.
- Emergency assistance contributions (e.g., illness, death) among colleagues are allowed if reasonable.
Acceptance of Plaques, Awards, and Tokens of Appreciation
- Permissible if appropriate to occasion and not reasonably perceived as intended to influence official functions.
Handling of Prohibited Gifts Left Within Office Premises
- Prohibited gifts must be returned immediately to the giver.
- If impractical to return, gifts shall be turned over to the Director of Public Assistance Bureau for disposition to charitable or appropriate entities.
- Incidents reported to the Internal Affairs Board.
Exemptions from These Rules
- Gifts/benefits received institutionally from other offices/organizations including grants/donations.
- Office-given gifts or cash awards during anniversary or Christmas celebrations.
- Gifts exchanged among members of certain inter-agency anti-graft or fiscal autonomy groups.
- Performance-based rewards, scholarships, and similar benefits granted by government or recognized private or international organizations.
- Gifts valued at P2,000 or more under institutional or group exchanges must be recorded in the Registry Book.
Registry and Reporting Duties
- The Internal Affairs Board (IAB) maintains the Registry Book of registered gifts/benefits.
- IAB must submit quarterly reports to the Ombudsman on gifts registered.
Penalties for Violations
- Violations constitute grounds for disciplinary action.
- May also lead to criminal charges if warranted.
Effectivity
- Rules take effect 15 days after publication in the Official Gazette.
- Requires filing certified copies with University of the Philippines Law Center and publication in a newspaper of general circulation for three consecutive weeks.