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Senate Bill No. 1172 - Solicitation From Government Officials and Employees

An Act Regulating the Solicitation of Contributions From, or Sale of Tickets to, Any Government Offcial, or Employee by Any Public Official, Amending for the Purpose Certain Sections of Republic Act No. 3019, Otherwise Known as the Anti-Graft and Corrupt Practices Act

14th Congress of the Philippines)
of the Philippines              )
Third Regular Session           )

SENATE
S. B. No. 1172


Introduced by Senator Aquilino Q. Pimentel Jr.


 

EXPLANATORY NOTE

            This bill seeks to redress the unwanted practice of office superiors of exacting contributions or soliciting donations from their subordinates in government offices, for whatever cause or reason.

            Under this measure, it will be unlawful for public officials and all persons related to or claiming to be related to them to solicit contributions from or sell tickets to any government employee who is receiving a salary of less than  P15,000.00 a month. An employee who is receiving more may be asked to contribute or buy tickets for charitable, religious or civic causes up to the equivalent of ten percent (10%) of his or her salary for one (1) regular working day and not oftener than once a year only.

            For this reason, passage of this bill is earnestly sought.

 

AQUILINO Q. PIMENTEL JR.


 

AN ACT

REGULATING THE SOLICITATION  OF CONTRIBUTIONS FROM, OR SALE OF TICKETS TO, ANY GOVERNMENT OFFICIAL, OR EMPLOYEE BY ANY PUBLIC OFFICIAL, AMENDING FOR THE PURPOSE CERTAIN SECTIONS OF REPUBLIC ACT NO. 3019, OTHERWISE KNOWN AS THE ANTI-GRAFT AND CORRUPT PRACTICES ACT

             

             Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

 

            SECTION 1. Section 3 of R.A. 3019 is hereby amended by inserting another paragraph to be denominated as paragraph (1) thereof to read as follows: 

 

(1)        SOLICITING CONTRIBUTIONS FROM OR SELLING TICKETS TO GOVERNMENT OFFICIALS OR EMPLOYEES RECEIVING A SALARY OF LESS THAN P15,000.00 A MONTH: PROVIDED, THAT SUCH SOLICITATION OR SALE OF TICKETS MAY BE ASKED FROM OR MADE TO SUCH OFFICIALS OR EMPLOYEES WHO ARE RECEIVING MORE BUT ONLY FOR CHARITABLE, RELIGIOUS OR CIVIC CAUSES OR PURPOSES AND THE AMOUNT OF WHICH SHALL NOT EXCEED TEN PERCENT (10%) OF THEIR SALARY FOR ONE (1) DAY AND NOT OFTENER THAN ONCE A YEAR ONLY. 

 

SEC. 2. Section 4 of R.A. 3019 is hereby amended by inserting another paragraph to be denominated as (B) thereof and rearranged to read  as follows :

            Prohibitions on private individuals – It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly: 

a.  Requesting or receiving any present, gift or material or pecuniary advantage from any other person having business, transaction, application, request or contract with the government, in which such public official has to intervene;

b. SOLICITING CONTRIBUTIONS FROM OR SELLING TICKETS TO GOVERNMENT OFFICIALS OR EMPLOYEES RECEIVING A SALARY OF LESS THAN 15,000.00 A MONTH: PROVIDED, THAT SUCH SOLICITATION OR SALE OF TICKETS MAY BE ASKED FROM OR MADE TO SUCH OFFICIALS OR EMPLOYEES WHO ARE RECEIVING MORE, BUT ONLY FOR CHARITABLE, RELIGIOUS OR CIVIC CAUSES OR PURPOSES AND THE AMOUNT OF WHICH SHALL NOT EXCEED TEN PERCENT (10%) OF THEIR SALARY FOR ONE (1) DAY AND NOT OFTENER THAN ONCE A YEAR ONLY.

[b] c. [It shall be unlawful for any person knowingly to induce or cause] INDUCING OR CAUSING any public official to commit any of the offenses defined in Section 3 hereof.

The PHRASE [word] “close personal relation” shall include close personal relationship, social and fraternal connections and professional employment all giving rise to intimacy which assures free access to such public officer.

 

            SEC. 3. This Act shall take effect fifteen days after its publication in two national newspapers of general circulation. 

 

            Approved,



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