RATIONALE:
Manuel S. Enverga University Foundation is committed to maintaining the highest ethical standards in all its activities. This policy outlines the organization’s commitment to preventing fraud and corruption within the organization.
GENERAL OBJECTIVES:
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To define fraud and corruption practices which the University declare as unlawful, prohibited, and subject to disciplinary actions or legal implications;
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To provide guidelines to avoid or to give any notion of fraudulent and corrupt practices;
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To discourage any members or stakeholders of the University from resorting to any fraudulent or corrupt practice;
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To provide guidelines for investigation, prosecution, sanction, and reporting of fraudulent and corrupt practices; and
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To uphold the efficient governance of the University free from any fraudulent or corrupt practices.
Section 1. Definition of Fraud and Corruption
For the purposes of this policy, fraud and corruption include any act or omission that is intended to deceive or mislead, or that could be seen to influence improperly, an employee, agent, or contractor of Manuel S. Enverga University Foundation Inc. Examples of prohibited practices include bribery, embezzlement, fraud, and conflicts of interest. Specifically, the following terms are defined:
(a) Fraud is defined as the intentional false representation or concealment of a material fact for the purpose of inducing another to act upon it to his or her damage or injury. It involves deceit, misrepresentation, or dishonesty. Fraud in the context of this policy may involve but not limited to the bribery, corruption, extortion, falsification, forgery, misrepresentation, and concealment, all contrary to the University policy and the laws of the Philippines.
(b) Corruption is the misuse of public or professional power for personal gain.
(c) Bribery refers to the offering, giving, soliciting, or receiving of any item of value as a means of influencing the actions of an individual holding a public or legal duty. This type of action results in matters that should be handled objectively in a manner best suiting the private interests of the decision maker. Bribery constitutes a crime and both the offeror and the recipient can be criminally charged.
(d) A facilitation payment is akin to a bribe. It is a financial payment that is made with the intention of expediting an administrative process. It is a payment made to a public or government official or counterparty that acts as an incentive for such party to complete some action or process expeditiously, to the benefit of the party making the payment.
Section 2. Policy
Neither MSEUF nor its employee may give or receive, whether directly or indirectly, bribes or other improper advantages such as facilitation payments for business or personal gain. This includes improper payments to or from any individual person, any government official or any organization, corporate or otherwise. Neither the University nor its employees may participate in any form of corruption including but not exclusive to extortion, fraud, insider dealing, money laundering, kickbacks, and facilitation payments.
The MSEUF employees shall not directly or indirectly, offer or give, or request or receive any gift or payment which is, or may be construed as being, an attempt to influence decisions related to the University's business.
Hospitality and modest gifts may be offered and received only in the normal course of business and should not be seen to generate any actual or perceived conflicts of interest. Any hospitality or modest gifts should not be excessive or regular and must be in accordance with the University's Financial Policy and Internal Auditing Procedures.
Where the University engages third parties such as agents, distributors or joint venture partners, the University shall conduct sufficient due diligence when entering into arrangements to ensure that they are not acting corruptly, and to periodically monitor their performance to ensure continuing compliance.
Any demand for or offer of a bribe must be rejected immediately and reported to the Chair of Ethics Committee as described in the University Whistleblowing Policy (Non-retaliation Policy) under the MSEUF Code of Discipline.
Section 3. Disciplinary Consequences
In cases when bribery, facilitation payment or other corruption is deliberately concealed or continues after it is discovered, disciplinary action may be invoked up to and including termination.
Section 4. Trainings
The University shall conduct regular trainings and orientations for first time and fulltime employees to ensure continuous relevance and awareness of this Policy.
Section 5. Responsibilities
5.1 Employees
Employees are expected to adhere to a code of conduct that prohibits fraudulent and corrupt practices. Employees must notify their supervisor or the organization’s compliance officer of any suspicions of fraudulent or corrupt activities.
5.2 Management
Management is responsible for ensuring that appropriate procedures are in place to prevent fraudulent and corrupt practices. Management must ensure that employees are trained on the policy and its implementation.
Section 6. Reporting and Investigating Allegations
6.1 Reporting Allegations
Employees are encouraged to report any suspicions of fraudulent or corrupt activities to their supervisor or the organization’s compliance officer. Reports can be made anonymously, if desired.
6.2 Investigating Allegations
The organization will establish an investigation team to investigate allegations of fraudulent or corrupt activities. The investigation team will collect evidence and take appropriate disciplinary action.
Section 7. Disciplinary Actions
Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment. Contractors and consultants who violate this policy may have their contracts terminated.
Section 8. Review and Revision
This policy will be reviewed and revised as necessary to ensure that it remains effective and appropriate.
Section 9. Distribution and Training
This policy will be distributed to all employees and relevant third parties. The organization will provide training to employees on the policy and its implementation.
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