Palace defends Duterte stand on gifts

Robredo: Laws bar government workers from accepting gifts

MANILA, Philippines — Malacañang yesterday defended President Duterte’s remark that police personnel may accept gifts if these are given out of generosity or gratitude, saying it does not go against the code of conduct for government personnel.

Duterte drew flak last Friday after he told law enforcers that gifts given out of gratitude or generosity do not constitute bribery.

Critics noted that government personnel are bound by Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

Under that law, public officials and employees “shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.”

Presidential spokesman Salvador Panelo, however, said there is bribery if a gift is given to persuade a government worker to do something in return.

“The President is right. Bribery comes in if you agree to receive something because you will be doing something for the other party. But if you do something because it is part of your duty under the law and there were no discussions... there is nothing wrong if you are given a reward for what you did,” Panelo said in a radio interview.

He disagreed with former Philippine National Police (PNP) chief Sen. Panfilo Lacson, who reminded Duterte that insatiable greed “starts with simple, petty graft” and “could be more addicting than drugs.”

Panelo said what is addicting is getting away with small illegal acts and not the receiving of rewards given out of gratitude.

“If you get what you want and you get away with it, that will become an addiction. If you get away with small things, you would do it again. But if you are given a reward that will even inspire you to perform things because you did not ask for it, you will become more diligent because many appreciate you,” the spokesman said.

He also claimed that the criticisms against Duterte’s remark were “misplaced” as he described these as “erroneous pontifications.”

“We must see the context where the President is coming from. As the local chief executive of Davao City for more than two decades, he witnessed first-hand how local authorities in his city fought tooth and nail with the criminal elements and the dregs of society and how some members of the public showed their appreciation – through gifts – in transforming Davao City as one of the safest places in Asia today,” Panelo said in a statement.

Vice President Leni Robredo disagreed with both Duterte and Panelo as she reminded them of the Code of Conduct and RA 3019 or the Anti-Graft and Corrupt Practices Act that prohibits government employees from accepting gifts whether directly or indirectly.

“Especially the policemen… because they tend to become biased because they received (something),” she said in her weekly program over dzXL.

Sen. Francis Pangilinan also urged PNP members and officers not to follow “illegal orders” as he stressed that giving policemen the permission to accept gifts will only make them “more abusive and corrupt.”

He warned that if Duterte’s order will be followed “there will come a time when policemen will not act if there is no grease and the police will only side with the rich who can afford a lot of grease.”

“Pity our countrymen, especially the poor, in this ‘Christmas gift-giving policy. To the police this is our call: do not follow illegal orders from higher-ups,” Pangilinan said in a statement.

Exemptions

Panelo explained that the Anti-Graft and Corrupt Practices Act speaks of “unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude or friendship according to local customs or usage” as an exemption from anti-graft provisions.

He added that unsolicited gifts of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee is likewise an exemption under the Code of Conduct and Ethical Standards for Public Officials and Employees.

“Unlike other politicians who forget their laws and grab at opportunity to find fault at what the President says or does, (President Duterte) is a lawyer by profession and training, thus he knows these exemptions are envisioned by the law and is therefore precisely referring to the same during the event,” Panelo said.

The giving of gifts, Panelo added, is “simply an appreciation by a thankful community for a job well done performed by the law enforcers whose lives flirt with death every time they step out of their homes.”

“Certainly it is not given in anticipation of – or in exchange for – a favor from the members of the police force. The gift giving in fact inspires them to do their work faithfully and efficiently as their toil is not left unnoticed and unappreciated,” the Palace spokesman added.

Sen. Ronald dela Rosa, who is also a former PNP chief, said critics should not make a big deal about the statements of Duterte, who he said was just being “pragmatic” and “practical.”

Dela Rosa said the President’s statements were “okay” with him and should be not be taken out of context as Duterte was clear about what he meant.

“The President is a very pragmatic person, even if you forbid that—I’m retired already but I admit that there are families who are really happy when you’ve helped them solve a case. Even if you don’t want to accept the gift—we also have ‘delicadeza’, they’ll say: ‘we’ll just leave the food on the table for the others’,” Dela Rosa told dzBB.

He did not directly respond when asked about instances when the “gifts” were cash, but cited cases where grateful crime victims offered to replace old computers in police stations or repair dilapidated bathrooms.

Panelo also justified Duterte’s statement that he would tolerate police officials being involved in video karera operations as long as they stay away from the drug trade. Video karera or the horse racing video game is a form of illegal gambling.

“Involvement in drugs is different. Drugs destroy families. It affects the entire body and soul of an addict. With regard to video karera, he derives pleasure from doing that,” Panelo claimed.

He also stressed that Duterte would only resume the operations of small town lottery if there is an assurance that it is free of corruption. Duterte ordered the closure of the STL because of the operators’ supposed failure to remit revenues to the government. – With Helen Flores, Paolo Romero