HGC NO GIFT POLICY
 
NO GIFT POLICY
 
BACKGROUND
1. The adoption of a “No Gift Policy” by every GOCC is mandated by Section 29 of GCG MC No. 2012-07 (Code of Corporate Governance for GOCCs), which states:

No Gift Policy. – A Director or Officer shall not solicit, nor accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value (“Gift”) from any person where such Gift:
 
a. Would be illegal or in violation of law;
b. Is part of an attempt or agreement to do anything in return;
c. Has a value beyond what is normal and customary in the GOCC’s business;
d. Is being made to influence the member of Board’s, or Officer’s, actions as such; or
e. Could create the appearance of a conflict of interest.
   
  Every Governing Board shall formally adopt a “No Gift Policy” within the GOCC and ensure its full advertisement to the community and its strict implementation by particular set of rules.
   
2. Further, under GCG MC No. 2013-02 [Performance Evaluation System (PES) for the GOCC Sector], the formal adoption of a GCG-approved “No Gift Policy” is one of the Good Governance Conditions of the PES.
 
LEGAL BASIS
3. 1987 Constitution
   
a. Section 27, Article II
The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.
b. Section 1, Article XI
Public office is a public trust and all public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and lead modest lives.
   
4. Section 3 (b) and (c), Republic Act No. 3019 (Anti Graft and Corrupt Practices Act)
  Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:
 
b. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law.
c. Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.
   
5. Section 7 (d), Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees)
  Prohibited Acts and Transactions. In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful:
 
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d. Solicitation or acceptance of gifts – 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 regarded by, or any transaction which may be affected by the functions of their office.
   
RULES AND GUIDELINES
6. Coverage
  This policy shall apply to all officials and employees of the Corporation, including personnel hired under Job Order arrangement.
   
7. General Guidelines
  All employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor entertainment, loan, or use, anything of monetary value from a person, groups, associations, or juridical entities, whether from the public or the private sectors, at any time, on or off the work premises, in the course of their official duties or any transaction which may be affected by the functions of their office.

A gift shall refer to a thing or a right disposed of gratuitously in favor of another, and shall include a simulated sale or a disposition onerous to the giver and/or unduly beneficial to the recipient.
   
8. Exempted from this “No Gift Policy” are the following:
 
a. Contribution/assistance of reasonable value or amount received or given by HGC officials and employees to or from their fellow officials and employees;
b. Certificates, plaques, cards, thank you notes or other written forms of souvenir or mark of courtesy;
c. Seminar bags and its contents and moderately priced meals and beverages that officers and employees obtain at events and which are offered equally to all members of the public attending the event;
d. Books, pamphlets, publication, data and other reading materials that are directly useful to the Corporation in the performance of its mandates and objectives;
e. Scholarship or fellowship grant, travel grants or expense for travel, if such are appropriate and consistent with the interests of the government, and permitted by the President of the Corporation;
f. Availment by the Corporation of grants from local or foreign institutions in the pursuit of its mandates provided that the availment thereof shall be strictly in compliance with applicable procurement laws;
g. Corporate gifts as token of gratitude during anniversary and special occasions received by the Corporation as an institution from government entities;
h. Small gifts of insignificant value that may be exchanged between and among HGC officials and employees appropriate to the occasion in which it is made;
i. Performance-based cash rewards and similar benefits granted to HGC personnel by government agencies, private institutions or national or international organizations; and
j. Unsolicited gifts or tokens of nominal or insignificant value offered or given as a mere ordinary token of gratitude or friendship according to local customs or usage in accordance with Section 14 of R.A. 3019 (Anti-Graft and Corrupt Practices Act) and Section 3 of R.A. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees).
   
9. If the Corporation or any of its employees receive a gift which is not exempted under this policy, such gift shall immediately and politely be declined. If the gift is a perishable item, it shall be donated to an appropriate charitable or social welfare institution. A pro-forma acknowledgment letter shall be sent to the donor informing him/her of the Corporation’s “No Gift Policy” and that the gift has been returned or donated.

The recipient of the gift and his/her Group Head shall determine whether or not the gift is covered by the Corporation’s “No Gift Policy”.
   
10. Publication and Advertisement
  The full text of this policy shall be uploaded on the HGC’s website. Notices informing clients and visitors of the Policy shall likewise be posted in conspicuous areas within HGC premises.
   
 

approved by the HGC Board on 27 January 2014