Something hard to buy

“Sy cited a law that has a bearing on the endorsement trend among politicians: the Code of Conduct and Ethical Standards for Public Officials and Employees.

Politicians as product endorsers, known lately as brand ambassadors, are now prevalent, as reflected by the many billboards and advertisements on which their faces are splashed. The trend, however, raises serious ethical questions.

Justice Undersecretary Geronimo Sy, in a commentary, raised an unavoidable query about politicians promoting commodities: “Are they supposed to do that?”

Even if the politician claims the income from the endorsement is given to charity, ethical questions remain, according to the Department of Justice official.

Last 5 December, the Securities and Exchange Commission en banc issued a cease and desist order against Superbreakthrough Enterprises, which uses the 1UP brand, for illegally soliciting investments from the public.

Daily Tribune found out 1UP’s “brand ambassador” was Sen. Raffy Tulfo, who ranks among the most popular members of the Senate.

Tulfo’s counsel, Garreth Tungol, said the lawmaker was not involved in the product’s sale and was not the subject of the SEC order, which was the illegal solicitation of investments.

Tungol said Tulfo has a one-year memorandum of agreement to endorse 1UP, which the senator intended to pursue.

“The CDO did not ask us to stop endorsing the product,” Tungol said.

Undersecretary Sy, however, said, “If the company runs afoul of the law or does not follow regulations and the public official is mandated to act, it will be a clear case of conflict of interest.”

“Even if the politician accepts no compensation for his effort or appearance or waives it in favor of a charity, there is no doubt that he benefits from the free, public, and constant exposure,” Sy pointed out.

Moreover, Sy cited a law that has a bearing on the endorsement trend among politicians: The Code of Conduct and Ethical Standards for Public Officials and Employees. The code covers elective and appointive officials, permanent and temporary employees, and military and police personnel.

Senators and mayors “are surely included in this definition,” Sy noted.

“They are prohibited from having a financial or material interest in any transaction requiring the approval of their office or engaging in outside employment and other related activities. They cannot practice their profession unless authorized by the Constitution or law. They cannot own, control, manage or accept employment as an officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law,” Sy said, citing the relevant provisions of the law.

“The unease we feel about politicians as endorsers goes beyond the impositions of the law. An employee is expected to devote his working time and effort to his employer. A government official is an employee of the State, and the commitment to public interest is primordial,” he stressed.

He said using government time “and leveraging the powers of their office to do makeup, train and fly, and be taped for many hours is not the efficient, effective, and economical use of a government resource.”

Public servants must “discourage the wrong perception of their roles as dispensers or peddlers of undue patronage.”

“Appearing in media, including social media with the consequent thousands of followers and millions of likes, transforms the heart, soul, and image of the public official as a servant to one of a celebrity and a star. And these types are not the ones who lead modest lives appropriate to their positions and income,” Sy added.

“In the end, what is essential in the process is that politicians endorsing products, goods, and services are avoidable and unnecessary,” he said.

The ultimate losers are the public, the voters who placed the politician-endorsers in their august seats.

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