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OFFICE CIRCULAR NO.     : 201400 - 0225003 - OPOOO
Series of 2014
 
SUBJECT                             : NLDC “NO GIFT POLICY”
 
 Section
1:
RATIONALE
    The National Livelihood Development Corporation (NLDC), adopts the “No Gift Policy” in compliance with:
     
   
1. Section 29 of the Code of Corporate Governance for GOCCs (GCG Memorandum Circular No. 2012-07, s. 2012) directing the NLDC Board to formally adopt a “No Gift Policy” and “ensure its full advertisement to the community and its strict implementation by particular set of rules”;
     
     2. Section 27, Article II of the 1987 Constitution which states that "The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption."
     
     3. Section 1, Anti-Graft and Corruption Practices Act (RA 3019) which provides that "It is the policy of the Philippine Government, in line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft and corrupt practices or which may lead thereto."
     
     4. Section 3 (b) and (c) of RA 3019 which declares as a corrupt practice the acts of: "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 party, wherein the public officer in his official capacity has to intervene under that law" and "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 13 of this Act."
     
     5. Section 7 (d) of the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713) which mandates that "Public Officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or use 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 II.
 COVERAGE
     This Policy shall apply to all NLDC employees, officers, and the members of the Board of Trustees.
     
 Section
III.
RULES
     A. "No Gift Policy" - Except as otherwise provided in this Policy, all employees, officers, and member of its Board of Trustees, shall not solicit, demand, or accept, directly, or indirectly, any gift from any person, group, association, or juridical entity, whether from the public or private sector, at any time, on or off the work premises, where such gift is either:
     
     1. Given in the course of their official duties or in connection with any transaction which may be affected by the functions of their office;
     
     2. Illegal or in violation of laws;
     
     3. Part of an attempt or agreement to do anything in return;
     
     4. Given to influence the actions of directors or employees; or
     
     5. Create the appearance of a conflict of interest.
     
   
 B. Allowable Gifts - The following gifts shall be exempted from the prohibition under this Policy:
     
     1. Certificates, plaques, cards, thank you notes, or other written forms of souvenir or mark of courtesy, recognition, or appreciation.
     
     2. Seminar items (e.g. pens, handouts, etc.) or any other materials which are uniformly given to all participants in the seminar;
     
     3. Books, pamphlets, publications, data and other information or reading materials that are directly useful to the corporation in the performance of its mandates, objectives, and are given by individuals or organizations that have no pending business with the corporation as to create an actual or potential conflict of interest.
     
     4. Gifts given on special occasions between and among NLDC employees, officers, or trustees;
     
     5. Scholarships or fellowship grants, travel grants or expenses for travel taking place within or outside of the Philippines (such as allowances, transportation, food and lodging) if appropriate and consistent with the interest of the government, and with prior approval by the proper authorities in accordance with applicable laws or regulations.
     
     6. Acceptance or availment by the NLDC of grants from local or foreign institutions in the pursuit of its mandates, projects and activities, such as those coming from the Asian Development Bank (ADB), World Bank (WB), USAID, etc., provided that the availment thereof shall be strictly in compliance with the applicable procurement laws, rules and regulations.
     
     7. Working lunches or dinners with clients or other stakeholders of the corporation, if such lunches or dinners are inevitable in the course of official transaction;
     
     8. Product samples of nominal value given by clients or potential clients if giving such samples are allowed under the law or part of the standard procedures mandated by law, or the rules (e.g. rules on bidding), and
     
     9. All other similar gifts with minimal value.
     
     C. Return and Acknowledgement of Gift:
     
     1. If NLDC, any of its employees, officers, or trustees receives a gift covered by this policy, it shall be his/her duty to:
     
     a. If feasible, immediately and politely decline the gift;
     
     b. If not feasible, because it was sent through modes other than personal service, the concerned employee shall return it within 24 hours upon receipt, and
     
     c. If it is impractical to return the gift due to its perishable nature, the same shall be turned-over to the General Services Division (GSD) for donation to an appropriate charitable or welfare institution. Provided, that the GSD shall send an Acknowledgement Letter to the giver of the gift informing the latter about the donation.
     
 Section IV.
 PENALTIES FOR VIOLATION
     Violation of the provisions of this policy shall be dealt with in accordance with the rules prescribed by the Civil Service Commission; as well as other applicable laws and regulations.
     
 Section V:
EFFECTIVITY
     This Office Circular takes effect upon its approval by the Board of Trustees.
     
 Section
VI:
POSTING
    The Human Resources Department is directed to post the "No Gift Policy" in all conspicuous places within the NLDC corporate premises. 
     
     
                                                                                               (sgd.) GONDELINA G. AMATA
                                                                                                                   President
     
     Certified Copy:
     (sgd.) EDELWIN M. FAJARDO
     Corporate Secretary
     

Click here to download the signed copy

 

 


  

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