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PRESIDENTIAL DECREE NO. 46
PRESIDENTIAL DECREE NO. 46 - MAKING
IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TO RECEIVE, AND FOR
PRIVATE PERSONS TO GIVE, GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS
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WHEREAS, under existing laws and the civil
service rules, it is prohibited to receive, directly or indirectly, any
gift, present or any other form of benefit in the course of official
duties;chanroblesvirtualawlibrary
WHEREAS, it is believed necessary to put more teeth to existing laws
and regulations to wipe out all conceivable forms of graft and
corruption in the public service, the members of which should not only
be honest but above suspicion and reproach; and
WHEREAS, the stoppage of the practice of gift-giving to government men
is a concrete step in the administration's program of reforms for the
development of new moral values in the social structure of the country,
one of the main objectives of the New Society;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081 dated September 21, 1972, and General
Order No. 1 dated September 22, 1972, do hereby make it punishable for
any public official or employee, whether of the national or local
governments, to receive, directly or indirectly, and for private
persons to give, or offer to give, any gift, present or other valuable
thing to any occasion, including Christmas, when such gift, present or
other valuable thing is given by reason of his official position,
regardless of whether or not the same is for past favor or favors or
the giver hopes or expects to receive a favor or better treatment in
the future from the public official or employee concerned in the
discharge of his official functions. Included within the prohibition is
the throwing of parties or entertainments in honor of the official or
employee or his immediate relatives.
For violation of this Decree, the penalty of imprisonment for not less
than one (1) year nor more than five (5) years and perpetual
disqualification from public office shall be imposed. The official or
employee concerned shall likewise be subject to administrative
disciplinary action and, if found guilty, shall be meted out the
penalty of suspension or removal, depending on the seriousness of the
offense. chanroblesvirtualawlibrary
Any provision of law, executive order, rule or regulation or circular
inconsistent with this Decree is hereby repealed or modified
accordingly.
This Decree shall take effect immediately after its publication.
Done in the City of Manila,
this 10th day of November, in the year of Our Lord, nineteen hundred
and seventy-two.
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