MANILA, Philippines - Parañaque Rep. Roilo Golez urged the House of Representatives yesterday to pass his anti-kickback bill to reduce irregularities not only in government but in the private sector as well. “We can’t change things overnight but we can do something at once,” Golez said.
“Corruption is a nationwide and well entrenched problem not only in the country but also in more developed economies. Kickback is one of the many faces of this problem,” he said.
The Golez bill prohibits the giving and receiving of a kickback. It defines “kickback” as a fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind provided or given directly or indirectly by any contractor or employee, representative or agent of such contractor, or the seller, lessor and lessee, owner or buyer of any kind of property for the purpose of improperly obtaining or rewarding favorable treatment by any person in connection with any transaction.
However, any payment of a commission to a broker, agent, or lawyer for any legitimate service done and recognized under existing laws or business practices would not be considered a kickback and therefore not prohibited.
The measure seeks the penalty of imprisonment of five years to 20 years and a fine ranging from P5,000 to an amount not more than three times the kickback received for offenders.
If the offender is a public official or employee, he would suffer the additional punishment of perpetual absolute disqualification from holding a public office.
If he is an alien, he would be deported after service of sentence without need of further proceedings.
In case the offender is a corporation, partnership, single proprietorship, firm or any other commercial or legal entity, the penalty would be imposed on the person who authorized or was responsible for the commission of the unlawful act.
In addition, the license of the erring corporation, partnership, single proprietorship or other commercial firm or legal entity would be cancelled.