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;
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 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;
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 on 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 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 of 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.
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inconsistent with this Decree is hereby repealed or modified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.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.) ALEJANDRO MELCHOR
Executive Secretary