‘No Gift Policy’ brought up after Duran Duran’s performance for Marcos’ birthday

September 16, 2024 - 1:50 PM
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President Ferdinand Marcos Jr. leads the distribution of aid to Ayuda sa Kapos ang Kita Program  beneficiaries in Laoag City, Ilocos Norte on Sept. 11, 2024 (Presidential Communications Office/Facebook)

President Ferdinand Marcos Jr. was reminded of the government’s “no gift policy” after he attended a private concert of an English pop rock band arranged for his 67th birthday.

The Palace confirmed reports that Duran Duran was flown in to perform for a party thrown by the chief executive’s “old friends” to surprise him for his birth anniversary at the Marriott Hotel in Pasay last Friday, September 13.

The private gathering, held after a “tiring day filled with official engagements,” was attended by around 80 people, according to sources of The STAR.

“To his surprise and appreciation, music was provided by Duran Duran,” the Presidential Communications Office (PCO) said in response to Facebook posts claiming the ’80s band was flown in to perform at the event.

PCO Secretary Cesar Chavez said the party was held “at no cost to the government.”

Reports claimed that the Office of the President had sent out invites “to the country’s top bilyonaryos (billionaires) and politikos (politicians)” for the affair, which had a “smart casual” dress code.

The guests reportedly had their phones surrendered before the event. Their executive assistants were also allegedly not granted entrance.

Las Vegas Talent said that the minimum budget for booking Duran Duran for events is $500,000 to $875,000.

It added that it is an average of what it has on file of what the popular ’80s band charges for an event.

Some of Duran Duran’s hits include “Hungry Like the Wolf,” “Ordinary World,” “Save a Prayer,” “The Reflex,” “Girls on Film,” and “Come Undone.”

Meanwhile, the revelation of the band’s attendance to Marcos’ birthday bash did not sit well with some Filipinos who remembered the “no gift policy.”

Former finance undersecretary Cielo Magno cited a provision from Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials.

“As President, you cannot just accept gifts from friends,” she wrote on Facebook, quoting Section 7, Letter D of the law which deals with “Solicitation or acceptance of gifts.”

“Section 7(d) of Republic Act 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, provides that ‘public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or 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 maybe affected by the functions of their office,'” Magno wrote.

“Paki-disclose naman po ang ‘friends’ na nag-sponsor ng birthday party ng Presidente. Habang ang bayan patuloy na naghihirap, ang Pangulo patanggap-tanggap lang ng ‘gifts’ from friends,” she added.

An assistant professor from the UP College of Law also shared a screengrab of the provision.

“That Duran Duran performance is a gift no ordinary Filipino could afford. The public has a right to know who is spending personal millions to make the President happy. If they were serious, Congress or the Ombudsman can, by rule, require the disclosure of every non-nominal gift,” Paolo Tamase wrote.

“Impunity is a choice,” he added, sharing the screengrab of the law in relation to the accepting of gifts.

Veteran journalist Inday Espina Varona also hinted about the law in her post.

“Accepting lavish gifts a no-no for public servants,” she wrote.

“Pretty sure that bash qualifies as lavish. Shameful, as Q2 2024 self-rated poverty survey by SWS found 58% of families consider themselves poor, and 12% considered themselves on the borderline,” she added, citing a survey done by the Social Weather Stations from June 23 to July 1 this year.

Another online user also cited the policy in a comment.

“How about ‘Marcos violated No Gift Policy after Duran Duran concert [at] his birthday party,'” the Filipino commented on reports of the foreign band being flown in to perform.

Section 7, Letter D of the Code of Conduct and Ethical Standards for Public Officials and Employees notes the following:

Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or 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. 

“Gift” is defined as “a thing or a right disposed of gratuitously, or any act or liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof.”

It does not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee.

Meanwhile, the phrase “receiving any gift” is considered ” the act of accepting directly or indirectly, a gift from a person other than a member of his family or relative as defined in this Act, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange for, a favor.”

Marcos’ birthday activities 

The PCO last Saturday, September 14 said that Marcos “spent his birthday as just another busy day in the office, with the same dedication to his job that has marked his presidency.”

“He traveled hundreds of kilometers to grant farmers a condonation of their debts and gifted them with a new financing program that will boost farm yields and farmers’ incomes,” the office said in a statement.

“The President celebrated his birthday with his signature compassion for the needy and the sick, and his deep appreciation for the farmers who feed the nation,” it added.

Last Friday, the PCO said that Marcos had allocated more than P300 million to shoulder the services of public tertiary hospitals across the country for the public in celebration of his birthday.

The Palace grounds were also opened to the public that day, where food booths were opened to “people from all walks of life who came from near and far to greet him a happy birthday.”