Why is Marcos under fire for 'surprise' Duran Duran performance during his 67th birthday party?
President Ferdinand “Bongbong” Marcos Jr. is drawing flak from the public as his 67th birthday celebration saw a performance from English band Duran Duran.
In a statement, the Presidential Communications Office (PCO) clarified that Marcos, who turned another year older on Sept. 11, "spent his birthday as just another busy day in the office."
His official engagements that day, according to the PCO, included granting farmers condonation of their debts and giving them a new financing program, ordering the payment of bills of qualified patients in third-level Department of Health hospitals, and opening the gates of Malacañang as food booths awaited people.
"After a tiring day filled with official engagements, [Marcos] attended a party thrown by his old friends at a hotel in Pasay," the PCO said, adding that "to his surprise and appreciation, music was provided by Duran Duran."
In a text message sent to The Philippine STAR, PCO Secretary Cesar Chavez said the party was held "at no cost to the government."
Statements from the PCO came after Sass Rogando Sasot, a vlogger and supporter of former president Rodrigo Duterte, claimed that Duran Duran was flown in to hold a private concert for Marcos’ birthday celebration.
Marcos under fire for 'birthday surprise'
In the Sept. 14 episode of her online talk show, Cielo Magno, a former finance undersecretary, discussed with Dan Gatmaytan of the UP College of Law the three laws Marcos may have violated: Republic Act No. 6713, Presidential Decree No. 46, and Republic Act No. 3019.
RA 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees, Section 7(d) states that they "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."
PD 46, which Marcos' father and namesake authored, states that it's punishable for public officials and employees to receive, and for private persons to give gifts on any occasion, including Christmas.
RA 3019, or the Anti-Graft and Corrupt Practices Act, Section 3(b) states that corrupt practices include "directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other party, wherein the public officer in his official capacity has to intervene under the law."
In a Facebook post, Magno said Marcos may be impeached for such violations.
Journalist Arnold Clavio, in an Instagram post on Sept. 14, shared a screenshot of a headline regarding the news and cited the band's song Is There Something I Should Know? in the caption.
Commenting on his own post, Clavio noted that booking Duran Duran ranges from $750,000-$999,998 (P42 million to 55 million). This was based on the sample fee provided by international celebrity booking agency Celebrity Talent International.
"Tanong: Sino nagbayad? Kaibigan daw. Surprised gift. Hmmm. Ano kapalit? Wala?" Clavio said. "At kung regalo kay BBM sa birthday party niya, bawal ayon sa Republic Act 6713."
Law professor Mel Sta. Maria, in a tweet on Sept. 15, alluded to the issue, saying public officers must live modest lives.
"Kung niregaluhan ng malaking bagay ang isang politiko at tinanggap naman nito," Sta. Maria said, "hindi maiiwasan na magkaroon ng perception ang madla na ang politikong ito ay magkakaroon ng either sense of gratitude or utang-na-loob para masuklian ang nagbigay."
He noted that it could lead to favoritism and cronyism, which could then lead to corruption.
For him, it's "irrelevant" whether the gift, in cash or in kind, was a surprise.
"Dapat, kung nasa harap na niya ito, either tinanggihan niya o umalis na lang siya, lalong lalo na kung ang posisyon niya sa gobyerno ay napakataas," Sta. Maria said, adding that it wouldn't be uncouth as the official in question must set a good example.
He also mentioned the 1987 Constitution's Article XI Section 1, which states, "Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives."
"Ang mga kawani ng gobyerno ay dapat mamuhay nang buong kapakumbabaan," Sta. Maria added.
Paolo Tamase of the University of the Philippine College of Law, on X pointed out that a 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," Tamase said. "If they were serious, Congress or the Ombudsman can, by rule, require the disclosure of every non-nominal gift."
Duran Duran, comprising Simon Le Bon, Andy Taylor, Nick Rhodes, and Roger Taylor, is one of the biggest acts from the '80s. Their hits include Hungry Like the Wolf, The Wild Boys, Save a Prayer, Is There Something I Should Know, and A View to a Kill, which was used in the James Bond movie of the same name. It has dozens of top songs in the UK Singles Chart and US Billboard Hot 100.
They won several awards, including the Brit Awards, Grammy Awards, MTV Video Music Award for Lifetime Achievement, and MTV Europe Music Awards Video Visionary Award.
The band was awarded a star on the Hollywood Walk of Fame and was inducted into Rock & Roll Hall of Fame in 2022.