1. Basis, Purpose and Scope of Application
1.1. This No-Gift Policy is issued pursuant to:
(a) Section 1, Article XI of the Philippine Constitution, which provides that a public office is a public trust;
(b) Republic Act No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, which provides that 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 [Section 7(d)]
(c) Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, which prohibits a public officer from directly or indirectly requesting or receiving any gift, present, share, percentage, or other pecuniary or material benefit, for himself or for any other person: In connection with any contract or transaction between the Government and any other party, wherein the public officer in his official capacity has to intervene under the law [Section 3(b)]; or 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 [Section 3(b)];
(d) Republic Act No. 10149, otherwise known as the GOCC Governance Act of 2011, and the Code of Corporate Governance for GOCCs, which mandates government-owned or
controlled corporations to adopt, publicize and enforce a no-gift policy; and
(e) MCA-P Integrity Policy, approved by the MCA-P Board of Trustees on December 6, 2011.
1.2. The purpose of this policy is to avoid any conflict of interest, or appearance of a conflict of interest, among: (a) members of the MCA-P Board of Trustees (each a “Trustee”), (b) Officers (as the term is defined in the Code of Corporate Governance for GOCCs), (c) Employees, and (d) members of the MCA-P Stakeholders Committee (each an “SC Member”).
1.3. This No-Gift Policy applies to Trustees, Officers, Employees, and SC Members.
Unless defined in this document, capitalized terms shall have the meaning given in the MCA-P Integrity Policy.
No Trustee, Officer, Employee or SC Member shall, at any time, in or outside the MCA-P offices, solicit, accept or receive, directly or indirectly, for himself or for any other person, from any natural or legal person whether in the public or private sector, any gift, gratuity, favor, entertainment, loan, or thing of monetary value (each a “Gift”), where such Gift:
1. Is illegal, such as when it is solicited, accepted or received in connection with his official duties or any transaction which may be affected by said duties; or
2. Is part of an attempt or agreement to do anything in return; or
3. Has a value beyond Php 500; or
4. Is offered or given to influence the actions of the Trustee, Officer, Employee or SC Member; or
5. Could create the appearance of a conflict of interest.
The prohibition shall include, but not be limited to:
a. Honoraria given as speaker, resource person or participant in an event being which the Trustee, Officer, Employee or SC Member is attending by reason of his position in MCA-P;
b. Any form of sponsorship of any internal MCA-P activity, such as party or anniversary commemoration;
c. Advertisements in MCA-P publications; and
d. Acceptance of invitations to social events, including meals, with persons having actual or potential business with MCA-P.
The prohibition excludes:
1. Christmas food gifts given to the Corporation to be enjoyed by all Employees, not by any specific Employee or group of Employees, and not given in anticipation of, or in exchange for, a favor from a Trustee, Officer, Employee or SC Member.
2. Any unsolicited Gift, with a value up to Php500, not given in anticipation of, or in exchange for, a favor from the Trustee, Officer, Employee or SC Member.
3. A Gift from a relative of the Trustee, Officer, Employee or SC Member up to the fourth civil degree of relationship, on the occasion of a family celebration, and without anyexpectation of pecuniary gain or benefit.
4. Nominal donations from persons with no regular, pending, or expected transactions with MCA-P, and without any expectation of pecuniary gain or benefit.
5. Donations from private organizations, whether local or foreign, which are considered and accepted as humanitarian and altruistic in purpose and mission.
6. Donations to MCA-P from Philippine Government entities.
7. Gifts of nominal value from a foreign government given as souvenir or mark of courtesy.
8. Gifts from a foreign government in the nature of a scholarship or fellowship grant or medical treatment.
9. Payment by a foreign government of expenses for travel taking place entirely outside the Philippines (such as allowances, transportation, food and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the Chairman of the MCA-P Board of Directors (Approved by MCA-P Board on Nov. 20, 2012)
10. Souvenir bags and contents, and moderately priced meals and beverages, at events, such as conferences and seminars, which are offered to all members of the public attending the event.
11. Reading materials, in print or electronic format, directly useful to MCA-P and given by persons with no actual or potential business with MCA-P.
Vendors and the public shall be informed about this policy through the MCA-P website and such other means as may be appropriate.
If necessary, a Trustee, Officer, Employee or SC Member shall inform a person about this policy in order to prevent said person from offering or giving a Gift that is prohibited under this policy.
A Trustee, Officer, Employee or SC Member who has received a Gift that is prohibited under this policy shall inform the MCA-P Compliance Officer of his actions with respect to said Gift.
3.4. Gift Return
A Trustee, Officer, Employee or SC Member shall, if feasible, decline a Gift prohibited under this policy and return the same with an explanation as to why the Gift cannot be accepted.