PD No. 46

Prohibits giving and acceptance of gifts by a public officer or to a public officer, even during anniversary, or when there is an occasion like Christmas, New Year, or any gift-giving anniversary.

Both giver and receiver are punished.

The giving of a party is also punishable and is not limited to the public officer only but also to any member of his family.

Bar Exam Question (1994)

PD 46 (1994)

Gino was appointed Collector of Customs and was assigned at the Ninoy Aquino International Airport, Gerry, an importer, hosted a dinner for 100 persons at the Westin Philippine Plaza in honor of Gino. What are the offense or offenses committed by Gino and Gerry?

Suggested Answer:

Both Gino and Gerry are liable for violation of Presidential Decree No. 46, which punishes any public official or employee who receives, directly or indirectly, and for private persons who give, offer any gift, present or valuable thing on any occasion, including Christmas, when such gift or valuable thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors, or the giver hopes or expects to receive a favor or better treatment in the future. Being an importer, Gerry reasonably expects future favor from Gino. Included within the prohibition is the throwing of parties or entertainment in honor of the official or employee or of his immediate relatives.

Bar Exam Question (1997)

PD 46 (1997)

A, who is the private complainant in a murder case pending before a Regional Trial Court Judge, gave a judge a Christmas gift, consisting of big basket of assorted canned goods and bottles of expensive wines, easily worth P10.000.00. The judge accepted the gift knowing it came from A. What crime or crimes, if any, were committed?

Suggested Answer:

The Judge committed the crime of Indirect bribery under Art. 211 of the Revised Penal Code. The gift was offered to the Judge by reason of his office. In addition, the Judge will be liable for the violation of P.D. 46 which punishes the receiving of gifts by pubic officials and employees on occasions like Christmas.