1. REFERENCES;

a. R.A. 6713, as amended (Code of Conduct and Ethical Standards for Public Officials and Employees);

b. R.A 3019, as amended (Anti-Graft and Corrupt Practices Act);

c. PNP Integrity Development Review (IDR) Action Plan; and

d. Ombudsman Rules on Gifts and Benefits series of 2005.

2. PURPOSE:

This Circular prescribes the policies and.guidelines in the giving and acceptance of gifts and mementos by PNP units/personnel during PNP activities and ceremonies

3. SCOPE:

3.1 This Circular shall apply to all personnel of the Philippine National Police.

3.2 The following shall constitute as within the purview of receiving and giving of "gifts and benefits" as contemplated under this Circular:

a. Gifts and/or benefits received by the PNP as an institution from other offices or organization, including grants and donations to enhance its effectiveness;

b. Cash or material rewards or prizes given by the PNP to its personnel during Anniversary and Christmas celebrations,

c. Gifts exchanged on occasions of Christmas celebrations among PNP members/units.

d. Performance-based rewards such as cash, scholarship grants, and similar benefits granted to PNP personnel by appropriate government agencies, private institutions, or national or international organizations

4 DEFINITION OF TERMS:

a. Gift refers to a thing or a right disposed of gratuitously, or any act of liberality, in favor of another who accepts it. and shall include a simulated sale or an ostensibly onerous dispo sition thereof

b. Memento and Souvenir- unsolicited gifts of nominal value given as a gesture of dipio- macy and courtesy and not in anticipation of, or in exchange for, a favor from members of the Philippine National Police.

c. Receiving Gifts - the act of accepting directly or indirectly a gift from a person other than member of his family or relatives, even on the occasion of celebration.

d. Benefit - refers to a right, privilege, entertainment, exemption or any other similar act o liberality tn favor of another.

5. POLICIES

5.1 On Accepting/Receiving Gifts by PNP Members

a. Members of the PNP shall not, directly or indirectly, accept or receive any gift or benefit from any party which may influence their official actions or which might reasonably be perceived as influencing past, present or future performance of their official functions.

b. In the course of the performance of their official functions, PNP personnel shall not accept any fee or remuneration beyond what they are legally entitled to receive in their official capacity in accordance with law.

c. PNP personnel may accept/receive plaques, certificates, souvenirs or other tokens of appreciation or gratitude as appropriate to the occasion of official visits/ceremonies in which it is made, provided that such plaques, awards or certificates, and/or benefits will not influence their official action or will not reasonably be perceived as intended to influ ence the PNP personnel in the performance of their official functions.

d. Members of the PNP who receive memento/souvenirs from visitors shall inform the Admin t. Officers of PNP Units.

e. A registry of momentos and souvenirs shall be maintained by all Administrative Officers of PNP Units.

f. The Admin Officer shall record the mementos/souvenirs in the registry identifying the following information:

1) Name and office of the giver;
2) Date of receipt;
3) Name of the recipient;
4) Nature of the occasion/visit; and
5) Description of the memento/souvenir

g. The following souvenirs/mementos may be accepted by members of the PNP:

1) given as token during official visits;
2) minimal in value (low-cost promotional objects, simple means);
3) within the normal standards of courtesy, hospitality or protocol; and
4) do not compromise or appear to compromise in any way the integrity of the PNP.

h. Any act of members of the PNP that will constitute graft or corrupt practices or which may lead thereto shall be proceeded in accordance with R.A. 3019 (Anti-Graft & Corrupt Practices Act) as amended.

5.2 On Giving of Gifts and Mementos

a. During official visits/activities and in accordance with PNP tradition, protocol and ceremonies, PNP unit may give one memento to the guest or visiting dignitary which shall symbolize the unit's appreciation and gratitude.

b. PNP units may give gift to visitors during PNP activities provided it should not be more than one, of minimal value, locally produced or customarily given as a sign of goodwill or respect for local custom and tradition. Such gift should not be wrapped when presented to the receiving dignitary or guest.

c. PNP personnel may give to and/or receive from their fellow PNP personnel token/gifts of nominal value appropriate to the occasion in which it is made. A gift shall be considered nominal if it has a value of not more than Five Hundred Pesos (P500.00).

d. PNP personnel may give to and/or receive from their fellow PNP personnel emergency contribution/assistance of reasonable value or amount in cases of death, illness, and other simitar situations as part of the PNP tradition to help a brother/sister in need.

7. RESPONSIBILITIES:

1) Directors/Heads of Offices/Chiefs of Police/Commanders shall be directly responsible for the strict implementation of this Circular.

2) The Admin Officers of all PNP Units shall submit a quarterly report to the Office of the Chief Directorial Staff on the mementos/souvenirs received by their units.

8. PENALTY CLAUSE:

Any violation of this circular shall be a ground for disciplinary action, without prejudice to the filing of appropriate criminal charges, if warranted, against the erring PNP personnel.

9. REPEALING CLAUSE:

Provisions of existing PNP issuances which are inconsistent with this Circular, in whole or in part, are deemed repealed, set aside, amended or modified accordingly.

10.EFFECTIVITY:

This Circular takes effect fifteen (15) days from filing of a copy hereof at the University of the Philippines Law Center in consonance with Sections 3 and 4, Chapter 2, Book VII, EO No. 292, otherwise known as "The Revised Administrative Code of 1987", as amended.

Adopted: 14 May 2008

(SGD.) AVELINO I. RAZON JR
Police Director General
Chief, PNP