Anti-Bribery Policy (Philippines)
ANTI-BRIBERY AND ANTI-CORRUPTION POLICY
Company: [Company Name]
Effective Date: [Effective Date]
Approved By: [Approved By]
Policy Owner: [Policy Owner]
1. PURPOSE AND COMMITMENT
[Company Name] (the "Company") is committed to conducting all business activities with integrity, transparency, and in full compliance with all applicable anti-bribery and anti-corruption laws of the Philippines, including Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), Articles 210-212 of the Revised Penal Code (bribery and corruption of public officers), Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), and Republic Act No. 11032 (Anti-Red Tape Authority Act).
This Policy applies to [International Applicability] international operations, including compliance with the US Foreign Corrupt Practices Act (FCPA, 15 U.S.C. §§ 78dd-1 et seq.) and the UK Bribery Act 2010, where applicable.
2. SCOPE
This Policy applies to all directors, officers, employees (regular, probationary, contractual, and project-based), and all third parties acting on behalf of the Company, including agents, brokers, consultants, distributors, joint venture partners, and contractors.
3. PROHIBITED CONDUCT
3.1 Bribery of Public Officials: No person covered by this Policy shall offer, give, promise, authorize, or receive any money, gift, entertainment, loan, or other thing of value — directly or indirectly — to or from any Philippine government official, employee, or instrumentality of any government, for the purpose of: (a) influencing any official act or decision; (b) obtaining or retaining a government contract, license, permit, or other benefit; or (c) obtaining any other improper advantage. Such conduct violates RA 3019, Articles 210-212 of the Revised Penal Code, and RA 6713.
3.2 Commercial Bribery: No person covered by this Policy shall offer, give, promise, authorize, or solicit any bribe, kickback, or improper payment to or from any private-sector counterparty in connection with the Company's business.
3.3 Facilitation Payments: Facilitation payments — unofficial payments to government employees to expedite routine government actions — are prohibited. All requests for facilitation payments must be declined and reported to the [Policy Owner] immediately.
4. GIFTS, HOSPITALITY, AND ENTERTAINMENT
4.1 Permissible Gifts: Unsolicited, non-cash gifts of nominal value not exceeding [Gift Limit] per occasion may be accepted or given in the context of normal business courtesy, provided they do not create a conflict of interest and are transparently recorded in the Company's Gifts Register.
4.2 Business Meals: Business meals and entertainment are permissible if: (a) the value does not exceed [Meal Limit] per person; (b) the meal is directly connected to a legitimate business purpose; and (c) the Company representative is present. Meals and entertainment offered to government officials during procurement processes are prohibited.
4.3 Prohibited Gifts: Cash, cash equivalents, gift certificates, and any gift to a government official are prohibited regardless of value.
5. THIRD-PARTY DUE DILIGENCE
5.1 Before engaging any third party who will interact with government officials on the Company's behalf, the [Policy Owner] must conduct anti-bribery due diligence, including verification of the third party's business registration, anti-bribery representations, and absence from the GPPB Blacklist.
5.2 All contracts with third parties must include anti-bribery representations and warranties, and a right for the Company to terminate the contract for breach of anti-bribery obligations.
6. REPORTING AND NON-RETALIATION
6.1 Any person covered by this Policy who suspects a violation must report it to: [Reporting Channel]. Reports may be made anonymously.
6.2 The Company prohibits retaliation against any person who in good faith reports a suspected violation of this Policy. Retaliation constitutes a separate violation subject to disciplinary action.
7. DISCIPLINARY SANCTIONS
7.1 Violations of this Policy constitute serious misconduct under Article 297(a) of the Labor Code of the Philippines and may result in immediate dismissal, civil liability, and referral to law enforcement authorities.
ADOPTED AND APPROVED by the Board of Directors of [Company Name] on [Effective Date].
President / CEO
________________
Signature
Policy Owner / Compliance Officer
________________
Signature
What Is a Anti-Bribery Policy (Philippines)?
An Anti-Bribery Policy in the Philippines records the organisation's position on the matter, defining what is permitted, what is prohibited and how breaches are handled.
Under Article 210 of the Revised Penal Code, direct bribery — where a public officer accepts a gift offered in consideration of committing a crime — is punishable by imprisonment and perpetual disqualification from public office. Under Article 212, corruption of a public officer — where a private person offers or gives a gift to a public official — carries the same penalties as the public officer. Republic Act No. 3019 (Anti-Graft Act) creates additional criminal liability for public officers who solicit, accept, or receive gifts in connection with official acts, and Section 4(b) also penalizes private persons who give or offer anything of value to a government official to obtain any government permit, license, or contract.
Republic Act No. 10667 (Philippine Competition Act, 2015) additionally prohibits bid-rigging and collusive tendering arrangements with government agencies, which frequently involve corrupt payments. The Office of the Ombudsman under Republic Act No. 6770 has primary jurisdiction over public officials; the Sandiganbayan (People's Anti-Graft Court) under Presidential Decree No. 1606 has exclusive jurisdiction over graft and corruption cases involving officials at Salary Grade 27 and above.
For international business, Philippine companies with operations in or transactions with US entities may be subject to the US Foreign Corrupt Practices Act (FCPA, 15 U.S.C. §§ 78dd-1 et seq.), and companies with UK connections may be subject to the UK Bribery Act 2010, which applies to commercial organizations with a UK presence regardless of where the bribery occurs. A strong Anti-Bribery Policy that complies with Philippine law and incorporates FCPA and UK Bribery Act principles is essential for Philippine companies seeking international certifications (ISO 37001 Anti-Bribery Management System) or export financing from multilateral development banks.
Philippine Government Service Insurance System (GSIS) and private corporate governance standards, including the SEC Code of Corporate Governance for Publicly Listed Companies (SEC Memorandum Circular No. 19-2016), require listed companies to adopt and disclose anti-corruption policies as part of their Annual Corporate Governance Report (ACGR) submitted to the SEC.
When Do You Need a Anti-Bribery Policy (Philippines)?
A corporate Anti-Bribery Policy in the Philippines is needed by any company that interacts with government agencies, public officials, or third-party agents, and by any company seeking international contracts or certifications.
An Anti-Bribery Policy is needed by companies bidding for government contracts under Republic Act No. 9184 (Government Procurement Reform Act), as the Bids and Awards Committee (BAC) and the Government Procurement Policy Board (GPPB) expect contractors to have internal anti-corruption controls as part of responsible contractor qualification.
An Anti-Bribery Policy is needed by companies applying for ISO 37001:2016 Anti-Bribery Management System certification, an international standard issued by the International Organization for Standardization that requires organizations to implement documented anti-bribery controls, risk assessments, due diligence on third parties, and reporting mechanisms.
An Anti-Bribery Policy is needed by Philippine publicly listed companies (PLCs) required to submit an Annual Corporate Governance Report (ACGR) to the SEC under SEC Memorandum Circular No. 19-2016, which requires PLCs to disclose their anti-corruption policies and training programs.
An Anti-Bribery Policy is needed by Philippine subsidiaries or affiliates of multinational corporations whose parent companies are subject to the US Foreign Corrupt Practices Act (FCPA) or the UK Bribery Act 2010, both of which require adequate procedures to prevent bribery by agents and subsidiaries worldwide.
An Anti-Bribery Policy is needed by companies applying for export financing from multilateral development banks (Asian Development Bank, World Bank, International Finance Corporation) which require borrowers to have anti-corruption policies as a condition of loan approval and project implementation.
Parties in Philippines should prepare a Anti-Bribery Policy (Philippines) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Anti-Bribery Policy (Philippines)
An effective Anti-Bribery Policy for a Philippine corporation must contain the following essential elements to be legally compliant and operationally useful.
Scope and Application: The policy must clearly state which persons are bound by it — all employees (including probationary, contractual, and agency-hired workers), officers, directors, and all third parties acting on behalf of the company (agents, brokers, consultants, distributors, joint venture partners). For Philippine companies subject to the FCPA or UK Bribery Act, the scope must explicitly extend to overseas operations.
Prohibited Conduct: A clear and specific prohibition on: (1) bribing public officials — offering, giving, authorizing, or promising anything of value to a Philippine government official to influence an official act, in violation of Articles 210-212 of the Revised Penal Code and RA 3019; (2) commercial bribery — offering or accepting bribes in private-sector transactions; (3) facilitation payments — small unofficial payments to government officials to speed up routine processes, which are criminal under Philippine law even if accepted practice in some jurisdictions; (4) kickbacks from suppliers, contractors, or clients.
Gifts and Hospitality: A specific policy on gifts, meals, entertainment, and travel — defining what is permissible (a reasonable business meal under PHP 2,000 per person) and what is prohibited (cash gifts, excessive entertainment, gifts to public officials during procurement processes). The policy must comply with Republic Act No. 6713's prohibition on government employees receiving gifts valued above PHP 5,000 per year from any single source.
Third-Party Due Diligence: A requirement for anti-bribery due diligence before engaging agents, brokers, distributors, consultants, or other third parties who interact with government officials on the company's behalf. Due diligence requirements include anti-bribery representations in contracts and periodic monitoring.
Reporting and Non-Retaliation: A confidential reporting mechanism (hotline, email, or designated officer) for employees to report suspected bribery, and an explicit non-retaliation policy protecting whistleblowers under Republic Act No. 6981 (Witness Protection Program) and the Labor Code's prohibition on constructive dismissal.
Additional compliance elements for a Anti-Bribery Policy (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.
Sources & Citations
Statutory citations link to official government sources.
- 15 U.S.C. §§ 78dUS – Cornell LII
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Anti-Bribery Policy (Philippines) (Philippines) [Legal document template]. Forms Legal. https://forms-legal.com/philippines/business/policies/anti-bribery-policy-philippines
"Anti-Bribery Policy (Philippines) (Philippines)." Forms Legal, 2026, https://forms-legal.com/philippines/business/policies/anti-bribery-policy-philippines.
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note = {Free legal document template. Based on Revised Corporation Code (RA 11232, 2019)}
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Frequently Asked Questions
Bribery in the Philippines carries severe criminal penalties under multiple laws. Under Articles 210-212 of the Revised Penal Code, direct bribery of a public officer is punishable by imprisonment of 6 years and 1 day to 12 years (prision mayor) and perpetual disqualification from public office. Corruption of a public officer (the private person's side of the bribe) under Article 212 carries the same penalty as the public officer. Under Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), conviction results in imprisonment of 6 to 15 years, perpetual disqualification from public office, and confiscation of the property obtained through corrupt practices. The Sandiganbayan (People's Anti-Graft Court) has exclusive jurisdiction over graft cases involving public officials at Salary Grade 27 and above (undersecretary level and above), while the Regional Trial Courts have jurisdiction over lower-level officials. The Office of the Ombudsman conducts preliminary investigation of all graft complaints. For private-sector bribery (commercial corruption), the Revised Penal Code provisions and Civil Code liability apply. Philippine companies with connections to the US may also face enforcement by the US Department of Justice under the Foreign Corrupt Practices Act (FCPA), which has extra-territorial application.
Facilitation payments — also called 'grease payments' or 'speed money,' being small unofficial payments to government employees to expedite routine actions they are already legally obligated to perform — are illegal in the Philippines. Under Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) Section 3(b), it is unlawful for a public officer to directly or indirectly request or receive any gift, present, or other pecuniary or material benefit for themselves or for another in connection with any contract or transaction with the government. The public employee who receives a facilitation payment commits an offense under RA 3019, and the private person who pays it may be liable for corruption of a public officer under Article 212 of the Revised Penal Code. Republic Act No. 9485 (Anti-Red Tape Act, as amended by RA 11032) makes it illegal for government agencies to impose unofficial requirements or procedures that invite facilitation payments, and creates the Anti-Red Tape Authority (ARTA) to receive complaints. Unlike the US FCPA (which contained an explicit facilitation payment exception until the FCPA Guidance was updated), Philippine law has no exception for facilitation payments. A corporate Anti-Bribery Policy must explicitly prohibit facilitation payments to comply with Philippine law and international best practices.
Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) strictly limits what gifts Philippine companies may give to government officials. Under Section 7(d) of RA 6713, government officials and employees are prohibited from soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan, or anything of monetary value from any person in the course of their official duties. The Civil Service Commission, through CSC Memorandum Circular No. 18-2009, interprets the prohibition broadly: cash gifts, gift certificates, travel, meals, and entertainment are prohibited if they create a conflict of interest or influence official decisions. The exception under RA 6713 covers unsolicited gifts of nominal value (not exceeding PHP 5,000 per year from a single giver, under Rule VIII of the Implementing Rules of RA 6713) given on ordinary social occasions. A corporate Anti-Bribery Policy should prohibit all cash gifts and gift certificates to public officials, limit non-cash gifts to nominal items (company-branded merchandise worth PHP 500 or less), and require management pre-approval for any hospitality extended to public officials including meals, transportation, and accommodation.
The UK Bribery Act 2010 applies to Philippine companies if they carry on a business or part of a business in the United Kingdom, regardless of where the bribery occurs. Under Section 7 of the UK Bribery Act, a commercial organization — including a foreign company with UK business activities — commits an offense if a person associated with the organization (employee, agent, subsidiary) bribes another person with the intention of obtaining or retaining business for the organization, and the organization did not have adequate procedures to prevent bribery. 'Carrying on business in the UK' has been interpreted broadly by the UK Serious Fraud Office (SFO) to include maintaining a UK office, having regular UK customers, or listing on the London Stock Exchange. Philippine companies exporting to the UK, maintaining UK distributors, or having UK investors should assess whether the UK Bribery Act applies. The UK Ministry of Justice guidance on 'adequate procedures' requires organizations subject to the Act to implement six principles: proportionate procedures, top-level commitment, risk assessment, due diligence, communication and training, and monitoring and review. A Philippines Anti-Bribery Policy that incorporates these principles would also satisfy UK Bribery Act adequate procedures requirements.
A Anti-Bribery Policy (Philippines) does not legally require a lawyer in Philippines, and individuals and businesses may draft and execute the document independently. The Revised Corporation Code (RA 11232, 2019) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Philippines lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Supreme Court of the Philippines has jurisdiction over disputes arising from this type of document, and Securities and Exchange Commission (SEC Philippines) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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