Customs chief opts to exempt his bureau
Credit to Author: Tempo Desk| Date: Sat, 24 Aug 2019 16:30:05 +0000
OVER two weeks after President Duterte said it is all right for policemen to accept gifts offered in gratitude by those they have helped, the debate and discussion continues and is not likely to be resolved any time soon.
It was at the 118th anniversary celebration of the Philippine National Police (PNP) at Camp Crame last August 9 that the President said in his speech: “Hindi ko kayo iipitin. Basta pag binigyan kayo, tanggapin nyo. It is not bribery. It cannot be bribery because it is allowed by law. What I mean is, if there is generosity in them, sabi ng Anti-Graft Law, you cannot accept gifts? Kalokohan.”
The Anti-Graft and Corrupt Practices Act, RA 3019, cited by the President lists prohibited violations of the act. Among these is: “Directly or indirectly requesting or receiving any gift, present, or other pecuniary or material benefit, 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….”
The law, however, provides an exception – “unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude or friendship.”
In one interview, Presidential Anti-Corruption Commissioner Greco Belgica cited the example of an airport worker who found a bag containing P1 million and returned it to the owner, who then gave him P100,000 out of gratitude. Belgica denied calling the P100,000 gift “insignificant,” as it was made to appear in the next day’s reports.
The incident simply highlights the need for definitions. What are “gifts of small or insignificant value” that a government official or employee might accept? That is indeed a difficult question.
Last Tuesday, Customs Commissioner Leonardo Guerrero weighed in with his own decision as applied to his agency, the Bureau of Customs (BOC). The BOC has been the recipient of so much criticism and charges lately, with President Duterte himself calling it one of the three most corrupt agencies in the government in his State of the Nation Address last July 22.
Thus Commissioner Guerrero said he was strictly implementing the “no gift” policy for the bureau. “That is a gesture of commitment on our part,” he said. The bureau opts to be an exemption from the President’s statement about accepting gifts. He said he himself will never accept any gift from anyone in connection with his work in the bureau.
Belgica said the present law needs to be reviewed and revised by Congress, to define “insignificant” and “nominal.” In the meantime, pending any action from Congress, we must commend Customs Commissioner Guerrero who has taken it upon himself to exempt the bureau, because of its present problems, from the President’s magnanimous view on gifts to government men given out of generosity.