Palace: Shun gifts of 'excessive' value, in exchange for a favor

MANILA, Philippines — How much is too much?

Malacañang said on Monday that government personnel should not accept gifts that are of "excessive" value but could not say what is considered excessive.

President Rodrigo Duterte stirred controversy last Friday when he said it was okay for policemen to accept gifts given out of generosity or gratitude.

Duterte also said he wouldn't mind the police turning a blind eye to small-time games of chance such as “last two digits,” a game whose winning number combination is based on the results of the final scores of basketball games.

Critics disputed Duterte's statement on gifts, saying the law bars government personnel from accepting gifts or anything of monetary value from anyone in the course of their official duties, 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 has defended Duterte's remarks claiming unsolicited gifts or presents of small or insignificant value offered or given as an ordinary token of gratitude or friendship according to local customs or usage are exempted from anti-graft provisions.

Such gifts, Panelo said, are different from bribes, which are given to convince a government worker to do something that would benefit the giver, he added.

'Gifts are not bribes'

The Code of Conduct and Ethical Standards for Public Officials and Employees, Panelo argued, exempts unsolicited gifts of "nominal or insignificant value" not given in anticipation of, or in exchange for, a favor from a public official or employee.

The code actually says "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."

It also defines a "gift" as "a thing or a right to dispose of gratuitously, or any act or liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof."

"It shall not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee," it also says.

'Use your discretion there'

Asked in an interview Monday if public servants should return gifts of significant value, Panelo said: "Eh dapat hindi nila tatanggapin kung masyado naman malaki (They should not accept if its value is too high)."

Panelo, however, could not provide specifics on the amount of gift that should not be accepted.

"Perhaps you have to use your discretion there. If a billionaire gives you a gift, it may be expensive for others but not for him. But what is important is the giving is not in consideration or anticipation of a favor or in exchange of a favor. That’s the test," he added. 

Pressed if a gift of significant value should be returned if the giver is not seeking something in return, Panelo replied: "Eh kung masyadong malaki nakakahiya namang tumanggap din di ba, hindi mo dapat tatanggapin (If it's too expensive, it may be embarassing to accept it. You should not accept it)."

Palace: Law silent on acceptable value of gifts

Panelo said the law is silent on the definition of nominal value. He said it would be up to Congress to decide on whether to come up with a law that would define the term. The term may also be defined if a case is filed before the court, the presidential spokesman added. 

"The law does not specify. So you use your discretion on what is right. We have standards on what is excessive or not," Panelo, who was being pressed on what those standards are, said. 

When reminded that the use of discretion could lead to arbitrary standards on accepting gifts, Panelo said: "The fact alone that the recipient did not ask for it from the very beginning, we know he is upright."

Panelo was tight-lipped on the items that are not acceptable but claimed a house and lot may be too much for a birthday present. He also claimed accepting food or simple wedding and birthday gifts is not objectionable. 

"What is important is these are not given in anticipation of a favor or coming from the recipient, or in exchange of a favor from that recipient who is a police officer," the presidential spokesman said.