Académique Documents
Professionnel Documents
Culture Documents
2. Honesty is very much a part and parcel of the Filipino culture. This trait was one of the
endearing qualities of our ancestors. In fact, the Code of Kalantiao, one of four earliest
legal compendiums, considered it important so much so that whoever was found to be
dishonest in dealing with others was meted out with appropriate punishment. That is why
even trades with foreigners like the Chinese then went on smoothly because the early
Filipinos never cheated them. Such trait has been passed on to us from one generation to
another. (Garcia, 1994)
6. On the other hand, graft is a form of corruption but is an individual act. It is the illegal
appropriation of public resources by a single official or a group of officials. It does not
involve transactions among officials or between officials with clients.
7. Forms of Graft and Corruption Dereliction of duty or failure to discharge ones official
function legitimately; Bribery or utilizing ones public or official position as a means in
performing an unlawful act in exchange of any offer, promise, gift, and money
consideration;
9. The Philippines was considered private property of the King of Spain when the
Spanish government was established in the whole archipelago due to the reason that the
expedition of Magellan and the subsequent expeditions were put into reality thru the
finances that was given by the private funds of the Spanish monarchs. The used of the
term property included in its definition the colonial offices, privileges and gainful
positions in the colonies.
10. Many offices of the government were therefore sold and auctions were lively affairs.
Some of the saleable offices were those of clerks in the central and provincial
government; clerks of courts, notaries-public, constable, sheriffs, wardens, and guards;
members of municipal councils; treasurers, assayers, and inspectors of all categories.
Even positions which were not saleable were bought. It was inevitable that officers of this
caliber were there to make the most of their positions. The excesses and abuses of these
government personnel regarding the finances of the king and the Filipino people were
notorious and scandalous.
11. Thus, to check and control the abuse of selling government offices, the residencia, to
be conducted by a judge (juez), was created to investigate and assess all actions taken by
the official while he is in office. But then, it was not effective since resourceful and clever
officials where they bribe and buy the juez de residencia.
12. The government then allocated certain sums for the improvement of the colonies but
such funds were deployed elsewhere leaving very little for the public works projects,
communication, sanitations, and others. More than one half of the budget was spent for
the salaries of the officials leaving very much less for the conduct of government and
practically no item for public education.
13. The Filipinos then view the government as guardia civil. With this view the Filipinos
had of the government, the people looked elsewhere for the means within which their
welfare and security were to be safeguarded. And the institution which was most
available was the family. The government is a public institution while the family is a
private one.
14. Filipinization of the colonial civil service, it was observed that in many departments
of the government, many employees were related to one another. It was also found out
that there were cases when two bureau directors would appoint each others relatives in
their respective offices. This is designed to counteract any charge of nepotism, an illegal
act that is based on the exchange of favors or sentiments. An officer is corrupt if he deals
with the hiring, promotion or service allocation with clients of other officials on the basis
of ascriptive or particularistic consideration of kinship, friendship or regional ties rather
than merit.
15. After liberation, military stocks and supplies were turned over to the Philippine
Government by the United States. Many of these supplies were found in the black
market. The disposition of these supplies became scandalous and precipitated the so
called surplus scandals. The money obtained was used to strengthen political party
build-ups and many became instant millionaires. The massive corruption that followed
resulted in a situation that was unknown in pre-war years.
16. more corruption continued even starting from the top to the bottom. Influence
peddling, kickbacks, overpricing, rigged biddings, padded projects expenses, expense
accounts and payrolls, use of public funds for vote-buying and personal expenses,
profligate spending, nepotism, cronyism, tampering of public documents and election
returns, paid prosecutor and judicial decisions, smuggling, test leakages, sale of juicy
positions, bribery, rigging of board examinations, even surreptitious insertion of
questionable clauses and provisions in bills awaiting presidential approval characterized
the conduct of government.
17. Corruption is massive and has gone beyond the realm of family and personalistic
considerations. It happens in the lower level, middle and higher level. In the years before
the administration of President Corazon Aquino, there was little public denunciation and
popular indignation. At most, these were only politically motivated denunciations during
the electoral campaign which died down afterwards.
18. The 520 million DAR loans on December 3, 1992. Senator Kit Tatad discovered
that BIR officials helped cigarette manufacturers to reduce their tax payments. The
government loss because of this amounted to 3.1 billion in annual revenues. The
Laharscam 58 former incumbent government officials reportedly colluded with 40
private contractors to steal 5 billion in rehabilitation funds. Oil pilferage of the National
Power Corporation amounting to almost 9 million involving officials of the agency.
Joseph Estrada, chairman of the Presidential Anti-Crime Committee, exposed on the floor
of the Senate the different complaints against hoodlums in robes meaning members of
the judiciary. Rampant corruption from the top echelon to the lowest ranks of the police
and the military.
19. 2008200920102011
20. The Ill-Effects of Corruption Graft and corruption decreases respect for allegiance to
the government. It counteracts growth of nationalism. It distracts unity in government
leadership and endangers political stability. Corruption dislocates national economic
planning. It introduces an element of irrationality in plan fulfillment by influencing
negatively the actual course of a national development plan. Corruption accentuates
already existing inequalities by providing more power and opportunities to those who are
already
22. The Positive Effects of Corruption Corruption provides supplement mechanism for
investment purposes. Corruption money may be invested in private enterprises if not kept
in Swiss banks for personal purposes. Corruption may increase the effectiveness level of
the bureaucracy. Corruption money could be another form of inducement for able persons
to enter government services. Corruption may benefit the depressed sector in the form of
gainful employment as in nepotism.
23. The General Causes of Corruption Corruption occurs more in developing societies
because of the marked discrepancy between the cultural norms. The inability of the new
independent states to cope with the multiple demands and problems in moving towards
modernizations. The unrealistic salaries of government officials may lead them to accept
sources of income.
24. The General Causes of Corruption The excessive discretionary power extended to
public officials, the cumbersome red tape in the bureaucracy usually results in corruption
due to high attractive inducements offered under the situation. The bad example set by
leadership. The complex system of justice which hinders the prosecution of public
servants who have been accused of corruptive behavior. There are certain segments of the
population that are prone to corruption.
25. Prohibited Acts and Transactions As stated in the Code of Conducts and Ethical
Standards, under section 7, the following shall constitute prohibited acts and transactions:
Financial and material Interest. Outside employment and other activities related thereto.
Disclosure and/or misuse of confidential information. Solicitation or acceptance of gifts.
26. Preventive Measures Article II State Policies Sec 27 of the 1986 constitution: The
senate shall maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption.
27. Preventive Measures The office of the Ombudsman is the official authorized to
receive and act on complaints against government officials who misbehaved.
28. Preventive Measures The anti-graft court is known as the Sandiganbayan and
Tanodbayan is also known as the Special Prosecutor.
29. Preventive Measures The Congress of the Philippines has a blue ribbon commission
with the responsibility of investigating anomalies in government in aid of legislation.
2. OVERVIEW
o What are graft and corruption?
o How are graft and corruption manifested in the Philippines?
o What are the causes of graft and corruption?
3. DEFINITIONS
o Corruption
o Graft
4. CHARACTERISTICS
o Corruption always involves more than one person.
o On the whole, it involves secrecy.
o Entails mutual obligation and benefit.
o Corrupt practices are usually given some legal justification
5. CHARACTERISTICS
o It involves deception.
o In any form, it is a betrayal of the public trust.
o It rests on a contradictory dual function.
o It violates the duty and responsibility within the civic order.
6.
o Transparency Internationals Corruption 2002 Perception Index (CPI):
Philippines:
Best:
Worst:
CONTEXT
o Transparency Internationals Corruption Perception Index (CPI):
Best: Finland
Worst: Bangladesh
8. SOME DYNAMICS
o It encourages corrupt high ranking officials to remain corrupt
o At the lower level, it frustrates younger officials
o The problem is so entrenched that it creates a vicious cycle with various nuances
9. GENERAL CAUSES
o Absence/weakness of leadership
o Weakness of religious influence
o Colonialism
o Lack of education
o Poverty
o Absence of punitive measures
o Structure of government
11.
o Corruptions costs are not limited to the direct costs involved in the corrupt
transaction
o More often than not, the costs are intangible and indirect, but no less destructive
COSTS TO THE PUBLIC
12.
o Rent-seeking behavior
o Wasted resources
o Weakness in government
o Diminished government revenue
o Legal ambiguity
o Encouragement of criminality
o Etc.
COSTS TO THE PUBLIC
o Economic Reform
o Anti-Corruption Campaigns
14. -end-
One of our intelligent critics, Mr. Lauro Purcil, about the adoption of the jury systems,
offered the following comment:
This writer agrees. Unless we first look for the basic cause of government graft and
corruption, there is no way we shall be able to find its fundamental solution. Senate
investigations are not the solution. It is all brohahas for nothing.
Corruption is not the basic cause that bewitch Philippine society and it is true that it is
only a symptom of an underlying fundamental cause. JUSTICE DELAY, which is no
justice at all, is the ROOT CAUSE of Government Corruption. By the time the DOJ
has caught up with powerful crime offenders, the crime offenders have already fattened
their bank accounts, their wallets, and their "stomach," literally and the eyewitnesses
against them are already dead, kidnapped, or murdered (like in the Philip Pestanio case),
or has suffered Alzheimer's disease or have left to reside in other countries.
The real cause behind corruption is absence of a "respectable justice system". Philippine
justice is not credible, and most of the Filipino people are losing respect for it, because it
can not enforce the rule of law against prominent characters and powerful corrupt
government officials. Philippine justice is "POLITICALLY ADULTERATED" which
means that it is more dominated by politicians who consider themselves the superior
elites of society at the expense of the rights of the common people.
Unfortunately, these so-called elites of society led us to believe that the common people
are intellectually inferior because they, the common people, have inferior education so
much so that politicians think they are the so-called "guiding light" of the people WHICH
IS NOT TRUE. Why?
Because they, the politicians, are the most notorious abusers of the law where they feel
they can simply steal the bounty of the people and cannot be made accountable for their
wrongful acts, "thanks" to the Philippine justice system that they can control at will.
The solution, therefore, to the above is to ACTIVATE the sovereign power of the
people that has been enshrined in Article II, Section 1, of the constitution which says:
"Sovereignty resides in the people and all government authority emanates from
them." The politicians in the high places of government have never recognized this
people's sovereign power and authority, except only during election time for their
personal embellishments.
Therefore, in order to force powerful political public officials, including the President, to
recognize the people's power and authority, the people must be given their sovereign
deciding voice in justice and keep away the deciding power of justice in the hands of solo
judges and solo prosecutors in serious criminal cases. The only way to accomplish this is
through the creation of the Grand Jury and Trial Jury Systems.
If we continue to operate the Philippine Justice system the old fashion way, all criminal
cases being filed today against prominent and powerful abusive public officials could
easily take 5 to 10 years to try and by that time, witnesses against them could already
have been dead, kidnapped, or salvaged or have left the country. In the end, most of those
cases will simply be dismissed for lack of first hand witnesses to testify at their trials.
The common people must have a deciding voice in the investigatory and accusation
phase of justice to indict in court any abusive powerful political official through the
Grand Jury and, additionally, they must also have an adjudicatory deciding voice to try
and convict guilty (or acquit innocent) criminal defendants in court.
The common people cannot be scared to decide in justice because they are not under the
payroll of the government which means that their livelihood and employment with their
private employers cannot be sabotaged by any "agent" or official of the government.
In reference to the perceived "inferiority complex" of the common people, this can be
removed psychologically from their minds when they are already seated as a jury and
have received their jury instruction from the presiding judge. The jury empowering
instruction by the judge is as follows:
"Pursuant to the people's sovereign power and authority in Article II, Section 1, of the
Philippine Constitution, of which you have been randomly chosen from and
recognized to represent, you are being seated in this court room as a jury to do a
solemn duty to serve justice for the people of our community. We welcome and thank
you for waiting patiently and for your eagerness to serve in this jury."
Not only will the jury instruction of the judge serve as empowerment of the common
ordinary people who serve in the jury, they are likewise greatly encouraged and
motivated to exercise their super status in society because they are hearing it directly
from a proper authority which is a judge whom they respect and recognize officially as
their guide and supervisor in performing their jury duty.
In other words, the people sitting as jurors shall become confident without fear that they
are, in fact, in the right place to perform their job because it is no less than a judge who is
giving them their power to decide in justice. Their feeling of inferiority or insecurity will
then be automatically transformed into a feeling of superiority or authority.
Below is one of those instruction that the jurors will hear from the presiding judge:
"(25) You must consider the accused your co-equal or a common person. You must not
give any special importance or significance to the fact that [the accused] [any party]
may be, or is claiming to be, a person with great fame, or title of nobility, or for being a
datu, bai, sultan or sultana, or wealth, or high rank or title or position or power in any
government or government instrumentality in our society or a relative or close friend
of such person. While being seated as a juror in this matter, your authority to decide
justice in this case is more superior than any person or public official in our society.
Keep this in mind at all times until you finally decide this case."
To entirely learn about the proposed Jury Systems Law, please read the links at the
navigation bar on the left upper margin of this page. The topics there would be a good
source of information when preparing for a debate about the proposed jury systems law.
Sources:
1. antigraft.org
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Q:
reporting transparency was recently taken out by the government despite congressional and
media protests.
PAGC chairperson Teresita Baltazar says the money lost to corruption "could have been a lot to
fund spending for social services like education, healthcare, housing and livelihood capital, and
infrastructure."
Human rights
violation
For the
Commission on Human Rights (CHR), the
level of corruption
in the Philippines has reached a
"humanitarian crisis
at its core," encroaching and eating up not
only the right of
every citizen to good governance, freedom,
and decent life, but
as well as her and his dignity. "It is a very
serious violation of
human rights," says CHR chairperson Leila
de Lima.
"Absent from anti-corruption analysis are humans rights concerns, in particular how we define
our corruption and how it adversely impacts on the enjoyment of rights, especially of the poor
and vulnerable," she adds.
She adds that the pervasive corruption in the Philippines has "led us into our quagmire now
the poor are less educated, have less access to health and economic opportunity, and are less able
to uplift themselves from their own poverty.''
Yet despite that, in a recent speech delivered in Manila to an Integrity and Human Rights
conference which linked the issue of corruption with human rights, she insisted "now is not yet
the time to smoke out those without clean hands."
The United Nations Development Programme (UNDP) in its 2008 Asia Pacific Human
Development Report says that corruption not only damaged and weakened national institutions
and resulted in inequitable social services but has also resulted in judicial 'injustice', economic
inefficiencies and unchecked environmental exploitations.
"And it hits hardest at the poor who often depend heavily on public services and the natural
environment and are least able to pay bribes for essential services that should be theirs by right,"
says the report entitled "Tackling Corruption, Transforming Lives."
Corruption in many fronts
The report adds that in the Asia-Pacific region, the least trusted authorities in terms of integrity
are the police, the judiciary, tax offices, education and medical services.
It also says that even in the media, the supposed principal watchdogs monitoring and exposing
corruption, there lurks corruption. The practice of cash-filled envelopes given to journalists in
press conferences has persisted in Indonesia as well as in the Philippines.
So-called "envelopmental journalism" is often attributed to the low salaries journalists
traditionally receive, making it easier to tempt them with cash gifts. Journalists in the Philippines
typically earn just about 200 US dollars a month and even high profile regional TV presenters
are on record as having quit their jobs to work in call centers where the pay is far better.
In the Philippines, the practice of "ATM journalism" has also become common. Reporters
receive discreet and regular pay-offs through their automated teller machine (ATM) accounts,
which are usually in the names of relatives, rather than the reporters themselves.
Corruption indeed is prevalent not only in government, but in practically all sectors, all strata of
Philippine society. But according to CHR's de Lima, what makes it worse is the utter apathy of
many Filipinos. "We find ourselves in that curiously awkward and exquisitely pained middle
ground of neither denouncing it nor embracing it."
It could be due to a culture that breeds and traps the country in a cycle of corruption. Mutual help
and obligation, family loyalties and political patronage, which are well-entrenched in the Filipino
culture, have often been blamed as the root of corruption.
Fight vs. corruption
Corruption in the Philippines is well-ingrained in the systems of
governance, and that any change of leadership is not enough to curb
corruption. In fact, there have been two mass uprisings that pulled
two corrupt presidents out of Malacaang, but the dominance of
graft, bribery and fund diversion has not been down an inch.
So what Filipinos need is not another political revolt, according to
de Lima. It should instead be a revolution that changes the Filipino
psyche as well as the "configuration of political power."
This time, it's no longer enough to just name and shame corrupt
officials. She says it is about empowering all to act and to demand
good governance. To do otherwise will make them "tools to the
perpetuation of corruption."
PAGC says there have been several measures undertaken to the fight against corruption, and
gains have been made in some of these.
Some bureaucratic processes have been streamlined to reduce red tape and fast-track
transactions. PAGC has also spearheaded the strengthening of internal audit units in every
government agency, has pushed for the participation of volunteer observers in biddings, and has
lobbied for anti-graft legislative measures, among others.
It has tapped non-government organizations and civil society groups to help out. "If no one's
watching, corruption thrives," says Baltazar.
Challenging economic times may even see the situation worsen, says UNDP Country Director
Renaud Meyer. Global recession sees opportunities for corruption increase with decisions on
how to align funds which supposedly aim to mitigate the impact of the crisis. And second, there
will be the 2010 presidential elections where a fair amount of campaign money is likely to be
drawn from government coffers.
Unfortunately, and as the UNDP puts it, "the real price of corruption is not paid in currency."
"The true costs are eroded opportunities, increased marginalization of the disadvantaged and
feelings of injustice."
Oscar Dela Cruz knows only too well what those printed words mean in practice. His family's
pitiful prospects he says are thanks to institutional and governmental corruption that helps
guarantee poverty. Philippine Human Rights Reporting Project
(Taken with permission from www.rightsreporting.net. The author is a television news reporter
of GMA Network, Inc. and is a regular contributor of special reports on women, children,
education, health, and the environment to the network's news website GMANews.TV.)
502
Government
by thievery did not stop with the
enactment of the Republic Act No. 7080 in
1991, entitled An Act Defining Plunder.
Indeed, although both laws and agencies
to combat corruption have increased in the
post-Marcos period, it remains one of the
prime problems complained of by the
people. The currency and gravity of the
problem are manifested in the following
clippings from a September 7, 1998 issue
of the Philippine Daily Inquirer:
century.
A. Filipino Culture and Corruption
Corruption has been viewed as a
) to justify
giving benefits to unqualified but
personally known recipients.
This is a real problem, but it can be
overblown. For instance, both culture and
law similarly define cases of corruption and
rectitude. Ones kin may ostracize a
bureaucrat who chooses to stay within the
law. The state may, however, leave them
alone, provided they do not compromise
their official role. Another case is when an
official participates in a decision involving
kin, even if they vote against that persons
interest, that official (under the Republic
Act 3019) can still be charged with
corruption. For an official similarly
situated, but who bends over backwards to
make sure their kin gets a prized
government contract engages in so called
favour corruption. This is indeed the
quintessential conflict between culture and
law.
3
503
all
(Murphy, October 9, 1988). In 1989,
after months of declaring the rectitude of
the government she heads, President
Corazon C. Aquino despaired,
Corruption
has returned, if not on the same scale, at
least with equal shamelessness
(Cagurangan, 1989).
Apparently, many
Filipinos agree with her. In a survey
conducted in July 1989 in Metro Manila
by the Social Weather Station (SWS), a
respected public opinion polling firm, as
much as 58 percent of respondents agreed
that given current conditions, corrupt
government officials are a greater threat
to the country than the NPA (New Peoples
Army, communist guerrillas who lost
ground after Aquinos assumption to office).
Those who were satisfied with the
performance of the Aquino administration
in fighting graft and corruption decreased
from 72 percent in March 1987 to 26
percent in July 1989 (Guidote, 1989). In
her State of the Nation Address in July
1989, President Aquino shared the peoples
exasperation that she would leave as a
problem the very issue that she wanted to
leave as a legacy: a clean and accountable
government.
Indeed, her successor, Fidel V. Ramos,
ranked graft and corruption as third among
the major problems that obstruct the
countrys achievements in his development
strategy for the Philippines 2000. The SWS
poll of September 1993 validates this fear:
89 percent of the respondents felt that
corruption would indeed be a big obstacle
to attaining this vision.
Other SWS polls since have produced
consistent results. An August 1990 survey
conducted in Metro Manila asked
respondents to state their satisfaction with
This is similarly
pointed out by President Joseph Estrada
when he said,
at least P24.13 B of what
the Philippine government spent last year
for various projects was lost to graft and
corruption, or barely 20% of all project
505
incorporates in
a unified document the major structural,
(Section 2, Article
VIII). Their actions are appealable only to
the Supreme Court.
The Office of the Ombudsman was
created to investigate and act promptly on
complaints filed against public officials and
6
507
509
and the
religious right, calling itself Citizens Battle
Against Corruption (CIBAC)
10
. The
lottery,
bookies, and prostitution dens who give
goodwill money ranging from P500, 000 to
P1 million, aside from the monthly
payola
insight on the results of the Philippine anticorruption effort. These efforts are focused
on the intriguing causes of corruption:
(i) Individual causes which are
attributed to weak moral fiber and
distorted values among bureaucrats,
such as materialism, lack of integrity
and nationalism;
(ii) Or
ganizational causes refer to
deficiencies, in the bureaucratic
apparatus such as low salary, poor
recruitment and selection
procedures, and red tape in
government; and
(iii) Societal cau
ses where corrupt
behavior is itself the norm of society.
A. Programs of the Office of the
Ombudsman
The OMB is mandated under the
Constitution to protect the people from
abuse or misuse of power by government,
its agencies or functionaries. It must fight
for justice for all citizens, prevent loss of
government funds and bring the culprit to
justice. It faces a gigantic challenge in
carrying out the governments
determination to rid itself of undesirables
in the public service. The conferment of
this extensive authority by the
Constitution insulated the Office from
political influence or interference by:
(i) Stating that the Ombudsman is
removable from office only by
impeachment;
(ii) Prescribing a fixed term of office for
seven years without reappointment;
(iii) During the term, his/her salary
cannot be diminished;
(iv) Leveling the Ombumans rank with
9
Gising Bayan
means Wake Up Nation. It was
originally the title of a radio program under Radio
510
511
civic-minded non-governmental
organizations.
The Junior Graftwatch Units (JGUs)
have been organized to mobilize the youth
(both at high school and college level,
including the out-of-school youth) in the
fight against graft and corruption, by
encouraging them to become the primary
coordinating arm of the Ombudsman with
respect to the educational and motivational
projects involving youth, and as an effective
ally of the Office of the Ombudsman. All
over the country, there are already seven
hundred and seventy-four (774) Junior
Graftwatch Units accredited by the
Ombudsman. These are organized to
develop and strengthen their instinct of
goodness and idealism which is anchored
Figure I. THE POLICY OF GRAFT PREVENTION
Stages of Graft Prevention
UNCOVERING PLANS FOR
CORRUPTION
STOPPING ON-GOING ACTS
OF CORRUPTION
DETERRING
CORRUPTION
CONDITIONING THE MIND
AGAINST CORRUPTION
PROACTIVE
GRAFT
PREVENTION
RESIDENT OMBUDSMEN
JUNIOR GRAFTWATCH UNIT
CORRUPTION PREVENTION UNITS
512
s graft prevention efforts are directed
at sustaining the support of all sectors of
Filipino society, which is a healthy sign of
empowering the citizenry in nation
building. It has likewise installed Resident
Ombudsmen (ROs) in 22 important
departments of the government to serve as
watchdogs and guardians of integrity and
efficiency. They closely monitor the
performance of government functionaries,
thereby producing strong deterrence to
bureaucratic corruption and inefficiency.
See Figure I for the stages of graft
prevention as conceived by the
Ombudsman.
The psychological approach adopted has
been designed to create and nurture an
environment of integrity in the Philippine
society. This proceeds from the principle
that corruption cannot thrive in a milieu
of honesty. This approach, which has a
long-range objective, is expected to have a
lasting effect because it aims to develop a
strong moral fiber for the citizenry.
For this purpose, the Office has worked
with the Education Department on
introducing graft prevention modules that
will teach students old Filipino values of
honesty and integrity. It has forged an
agreement with the Movie and Television
Review and Classification Board (MTRCB)
to ascertain that corrupt practices pictured
in movie films and television programs
have redemptive values or punishment of
Figure II. THE OMBUDSMANS TOTAL STRATEGY AGAINST
GRAFT AND CORRUPTION
CONFRONTATIONAL
APPROACH
Administrative
Adjudication
Investigation
Protection
GRAFT-FREE
BUREAUCRACY/SOCIETY
Community
Mobilization
Values Formation
& Reorientation
Strengthening of the Citizens
Moral
Fiber; Graft Deterrence
Public
Assistance
Graft Prevention
Education
Resident
Ombusmen
PSYCHOLOGICAL
APPROACH
Enforcement of Laws on Public Accountability
513
PAPERS
the corrupt. Orientation seminars for new
government entrants are also conducted to
provide a deeper understanding of public
service values and of the accountability
attached to their positions in the
government. It has continuously conducted
values orientation seminars/workshops to
enhance organizational effectiveness and
strengthen the moral fiber of the personnel.
The totality of the Ombudsman
s strategy
against graft and corruption is shown in
Figure II.
C. Focus on New Initiatives: Dealing
with Graft-prone Agencies
Given the fact that stolen money is
usually never recovered, even if a
conviction is obtained, the Ombudsman
decided that the problem must be
confronted before it is committed. A
psychological approach was developed to
address the social environment within
which graft and corruption occur. The
approach as previously mentioned
attempts to strengthen the citizen
s moral
big fish
PAPERS
Governor. That would be denying the
government valuable human
resources.
A possible alternative is to put more
trust in transparency and the press
(which requires an amendment of
existing law). When a president
chooses a person who shows
reluctance because of the divestment
sayang
(waste
of time) for those who will merit only
low penalties and
awa
(pity) for
those who will be hit by harsh
punishment.
B. Enforcement
The Philippines has an impressive
number of laws to tackle practically all
cases requiring fast actions. However,
s ethical
vision, catching a big fish, and warning
everyone that the leadership means
business.
The people expect not only equal
enforcement of the law, but even more
strictness on persons perceived to be in the
President
softer
s office
persons known for their ethical role
modeling, non-partisanship, and good
judgement.
D. More Resources for Enhancing
Accountability
Resources for enhancing accountability
and attacking corruption must be provided.
This is an investment that will pay off in
the long run. Guardians must be supported
in their programs and given incentives not
to stray from accountability. The funds,
personnel, technology, and other resources
of the Ombudsman and the
Sandiganbayan
must allow them to keep
in step with the corrupt they are trying to
catch. The personal income of such officials
should be competitive with the private
sector, subject to the conscientious
performance of their duties. Their
organizations should be provided with the
necessary equipment high-tech devices like
hidden cameras, etc and mundane matters
such as paper clips, envelopes, filing
cabinets as is needed in their work.
Incumbents should be imbued with a sense
of mission early, via a well-planned
orientation program, and keep them going
PAPERS
principle of political neutrality among civil
servants. Pending that, the passage of the
law required by the Constitution against
political dynasties, and increased recourse
to and encouragement of the activities of
the Ethics Committees of both Houses
would be more immediate steps. Causeoriented groups and public sector unions
may assist politicians, especially those who
regard themselves as non-traditional, in
developing support groups to re-enforce
their desire for true public service, not mere
patronage.
H. Transparency and Accountability
Make transparency real, allowing civil
servants and the public to access
information in government. A question
hour in Congress, or a radio-TV program
with questions and comments to be
answered by executive officials may help
inquiries into any aspect of their policies
and performance. Reports of investigations
should be made available to the public. The
fixer
s
participation, to tie up with the reforms
suggested above. These are all in addition
to the encouragement of NGOs that are
non-partisan in exposing corruption and
bringing violators to justice. The start of
many of these measures has already been
made. They are in tune with democratic
principles, as well as the culture. One
hopes that many more financial, human
and moral resources will be placed at the
service of accountability in the country.
518
Prosecution 60 200 607 655 1,738 2,828 3,507 3,975 2,210 2,166
Regular Courts 405 393 1,378 2,198 2,988 3,734 1,722 1,700
Pending 6 3,536 603 8,805 9,928 12,789 14,625 12,975 12,473 9,159 6,912
520
Cases received during the year 366 379 833 303 815 2,696
Referred by the other OMB offices
1003120124
Disposed cases reverted back to pending
000303
Carry-over from 1996 991 463 651 479 101 2,865
Total workload of
administrative cases 1,358 842 1,484 788 1,036 5,508
Less cases recalled to central
office /transferred to other OMB offices 7 66 45 4 2 124
Net workload of administrative cases 1,351 776 1,439 784 1,034 5,384
DISPOSED 500 292 654 288 700 11,492
Dismissed / exonerated 352 240 457 225 111 1,385
Penalty imposed 148 15 86 47 0 296
Closed and terminated 0 37 111 16 589 753
Active / awaiting final disposition 851 484 785 496 334 2,950
Luzon Visayas
Mindanao
Military Total
Particulars
T
able 5
TOTAL WORKLOAD OF CRIMINAL AND ADMINISTRATIVE CASES
(as of December 31, 1996)
Central
Office
521
PAPERS
T
able 7
ADMINISTRATIVE CASES / COMPLAINTS
(as of December 31, 1996)
Central
Office
T
able 6
WORKLOAD AND STATUS OF CRIMINAL CASES
(as of December 31, 1996)
Central
Office
522
T
able 9
CRIMINAL CASES
(as of December 31, 1995)
Central
Office
In the meantime, more than 20 lawmakers, including members of the president own Liberal Party, are
alleged to have illegally appropriated P10 billion ($228 million) from the Priority Development Assistance
Fund, or PDAF, over several years. Under the PDAF or pork barrel system, each congressional
representative and senator are given up to several million dollars a year to spend in his district by
directing government agencies to fund specific projects. Corrupt lawmakers have been exposed by
various whistleblowers of funneling their allotments to dummy nongovernmental organizations and phony
projects so they can pocket the funds.
Main Driver of Development
The Wall Street Journal has pointed how the Philippines remains stuck in a mindset that government
action, rather than private investment, is the main driver of development.
Because of this, the WSJ said, scams like the PDAF scam wherein officials skimmed off money from
projects like roads and bridges, and even from scholarships, social-service projects and "multipurpose
organizations
According to a post on the Business Anti-Corruption Portal run by the Global Advice Network, corruption
is believed to take place at all levels of the government, but it is more rampant among high-level civil
servants.
For businesses, it is important to note that the country's complex, sometimes contradictory regulatory
regime leaves room for corrupt civil servants to attempt to extract bribes. Several surveys have also
shown that companies generally have little confidence in the Philippine judicial system. The main reasons
include the allegedly incompetent court personnel, corruption and long delays of court cases, the GAN
stated. The organization said that there is a lack of transparency in the Philippines' public procurement,
and bribes are often demanded from companies wishing to win government contracts, as shown by the
Survey of Enterprises on Corruption 2014.
Another sector in which companies are particularly vulnerable is obtaining licenses and permits; the
Survey of Enterprises on Corruption 2014 shows that the most common type of private sector corruption
was bribing local government officials in return for licenses and permits in 2012 and 2013, it went on.
The agency further explained that companies working in the Philippines should keep in mind that gifts and
favors are forbidden in the code of conduct and are defined as bribes by the Revised Penal Code (Art.
210).
The Anti-Graft and Corrupt Practices Act forbids officials from receiving gifts (sect. 3). However, Global
Integrity 2010 states that the regulations governing gifts and hospitality offered to civil servants are poorly
enforced in practice.
The GAN also said that facilitation payments are another risk area companies should be highly aware of.
Con-way, a freight transportation company based on California, paid a US$ 300,000 penalty for making
hundreds of relatively small payments to a Bureau of Customs official in the Philippines and the Philippine
Economic Zone Authority (PEZA) to induce the Filipino officials to violate customs regulations, settle
customs disputes, and reduce or not enforce otherwise legitimate fines for administrative violations, it
stated.
The Effects of Corruption
Corruption, like fire, is catching. When unscrupulous individuals and organizations see that the highest
officials and institutions of the country practice graft, then they feel emboldened to do the same.
In a 2009 article by Brima Karl Samura on the Negative Effects of Corruption on Developing Nations, it
was stated that corruption in developing countries continues to be one of the greatest factors of poverty,
development and internecine conflicts. Samura pointed that corruption had serious effects on
development.
Although many developing nations are endowed with priced natural resourcesthey continue to struggle
and scramble for position in the lower rungs of the United Nations Development Index. Most developing
countries continue to grapple with the ever changing trends in global politics, economic and technological
advancements having little or nothing to do due to the debilitating effects of corruption on their very
existence, he argued.
Samura said that the impact of corruption on developing countries cannot be overemphasized and that
the results are often disastrous. Using the case Sierra Leone as an example, Samura said that the civil
conflict in the country can be was largely attributed to pervasive corruption in all spheres of governance.
The occurrence of corruption in large scale reflects in many areas of development and is intrinsically
linked with under development. Poor conditions of service as is the case in many developing countries
open the door to bribery. Corrupt officials often accept substandard quality of service because of
kickbacks thus depriving the country of value added service from contractors and consequently resulting
to the implementation of water washed roads or schools. Health care facilities remain inadequate and
inaccessible because most times, drugs meant for especially children and women particularly in provincial
clinics and hospitals could be easily seen on the shelves of private pharmacies.
The following are some of the ways in which corruption negatively affect any countrys economic growth.
Theyre based on the article 10 Ways in Which Corruption Hampers Economic Development by Hector
O. Boham & Sam Rockson Asamoah who are the co-founders and directors of the Corruption & Fraud
Audit Consortium, Ghana Ltd (CAFAC).
1. Corruption inflicts high prices on consumers. When entrepreneurs and businessmen are
forced to pay bribes before they are given necessary permits, they tend to view it as a cost of
doing business and pass that cost onto consumers. Consumers then have to contend with high
prices. In cases where businesses refuse to pay bribes to local officials or employees, they are
subjected to delays. These delays increase the cost of doing business, and the costs are passed
onto consumers in the form of higher prices.
2. Reduced investment leads to reduced goods and services and inflation. According to
Boham and Asamoah, in extreme cases, the extortion of bribes from entrepreneurs can be seen
as a tax which can reduce the incentive of foreign companies to invest in developing countries.
They say that foreign businesses will shy away from corrupt countries because they claim the
cost of doing business is too high when bribes are factored in. The end results are altogether
negative, as reduced investment leads to reduced goods and services. Inevitably, this leads to a
concomitant reduction in gross domestic product and inflation.
3. Reduced foreign direct investment. Based on a statement by the World Bank (1997), foreign
direct investments may still flow to countries wherein there is systemic corruption, but this is the
case only if bribery is affordable and the results are predictable. How can corruption have a
negative effect on foreign investment? This is so because for most foreign firms, corruption is a
cost of doing business to be recouped from revenues. As an effect, if the costs become too high
or unpredictable, they disengage or shun the country altogether.
4. Lower tax revenues. Boham and Asamoah also point out that corruption also brings about loss
of tax revenue when it takes the form of tax evasion or the improper use of discretionary tax
exemptions.
5. Corruption leads to deficit financing. Corruption affects a countrys tax collection, and because
of this, it has adverse budgetary consequences. Tax revenue finances budget expenditures; if
there are lower tax revenues, the revenue section of the national budget is reduced, causing
adverse budgetary consequences. Lower revenues lead to budget deficits which also have
serious effects. For instance, savings that could be productively invested is absorbed by the
deficit, and borrowings to meet the deficits leaves higher debts and interest for succeeding
generations. Because of corruption, the ability of a government to respond to legitimate economic
concerns with social and economic programs are seriously compromised. The standard of living
of the citizenry falls.
7. Corruption leads to uncertainty in economic transactions. Still in their paper, Boham and
Asamoah explain that the prevalence of corruption arguably influences the economic environment
through the creation of significantly higher levels of risks and uncertainty in economic
transactions. Uncertainty is present both in the context of individual economic transactions and in
terms of heightened fears about future developments in the broader economic environment. This
fear and uncertainty translates to reduced business growth and reduced gross domestic product.
8. Corruption reduces Investment and Economic Growth. Finally empirical research and
regression analysis indicates that the amount of corruption is negatively linked to the level of
investment and economic growth, that is to say, the more corruption, the less investment and the
less economic growth. Analysis further shows that if the corruption index improves by one
standard deviation (equal to 2.38 in this case--a standard deviation measures variation from the
"normal" index), the investment rate increases by more than 4 percentage points and the annual
growth rate of per capita GDP increases by over a half percentage point. In effect, a country that
improves its standing on the corruption index from, say, 6 to 8 (recall that 0 is most corrupt, 10
least), will enjoy the benefits of an increase of 4 percentage points of investment, with
consequent improvement in employment and economic growth.
A Strong Anti-corruption movement in the Philippines
In the case of the Philippines, there is a strong anti-corruption movement. Massive public demonstrations
against the pork barrel scandal have been taking place in the last 10 months against the pork barrel
scam. Filipinos from all walks of life express exasperation against corruption and demand genuine social,
political and fiscal reforms. The campaign for reforms in government goes hand-in-hand with demands to
clean the government and to make officials accused of involvement in corrupt practices accountable for
their deeds.
As noted by Richard Javad Heydarian in his article The Luneta Revolution: A Filipino Middle Class AntiCorruption Movement, the middle class in the Philippines is not only bothered by the depth of corruption,
but also disappointed by how the recent boom has been largely exclusionary, with barely any major
improvement in infrastructure, employment, and poverty rates.
He said that the Filipino middle class, Equipped with Habermasian communicative competency, stateof-the-art gadgets, and growing leisure for activism, has shown little patience for old excuses and
business-as-usual politics.
In many ways, Philippines' burgeoning anti-corruption movement, largely led by the educated middle
class, faces a similar challenge of sustaining its fire and effecting lasting political change in the country.
The next challenge is finding an inclusive, but systematic way of sketching out the road map to a lesscorrupt, more vibrant and accountable Philippines, Heydarian said.
Various peoples organizations are being formed to combat corruption both in government and business.
For instance, earlier in May, a civic anti-corruption group called the Ehem, an anti-corruption movement of
the Philippine Jesuit society, volunteered to help monitor activities of the personnel of the Bureau of
Customs (BOC). The groups aid that it wants to stop smuggling activities in BOC and ensure that it
collects accurate taxes. Ehem formed the Citizens Customs Action Network (Citizcan) to serve as a third
party monitoring group at the BOC. Citizcan is also joined by the policy division of the Asian Institute of
Management, the Kaya Natin! Movement for Good Governance and Ethical Leadership, People Power
Volunteers for Reform and Peoples Action against Corruption.
Then theres an anti-corruption group thats calling on the government to look into what it alleged to be a
questionable P3.8-billion contract for license plates. The Anti-Trapo Movement of the Philippines (ATM)
and the Action for Consumerism and Transparency for Nation Building (ACTION), called on the
Department of Transportation and Communications (DOTC) regarding its allegations of irregularity in the
financial submissions a foreign bidder.
Theres also the Philippine Public Transparency Reporting Project (PPTRP) and Social Watch Philippines,
supported by the ABA Rule of Law Initiative (ABA ROLI) has held trainings for members of groups like the
Watchful Advocates for Transparent, Clean and Honest Governance in Kidapawan (WATCH Kidapawan)
and the Multisectoral Alliance for Transparency and Accountability in Samar (MATA Samar) to share what
their findings about local corruption. The groups were able to unveil information and raise public
awareness as they demanded access to key fiscal documents and exposed significant questionable
transactions, including a non-existent waste water treatment facility worth $140,000, undelivered heavy
infrastructure equipment worth $1 million and a dubious electricity bill amounting to $120,000.
In general, Filipinos have a constitutional right to association and assembly and to form and participate in
so-called civil society organizations (CSOs). According to the Transformation Index 2014, CSOs in the
Philippines are very active and constitute the largest number of NGOs per capita in Asia. There are
different types of NGOs, from religious groups to poverty alleviation organizations. Those that work
against corruption conduct joint projects to monitor government activities.
The Global Advice Network noted some of the better-known anti-corruption institutions in the Philippines
such as the Transparency International Philippines (TI Philippines) and the Philippine Center for
Investigative Journalism (PCIJ). The former is actively raises public awareness concerning corruption. On
its website, it provides updates about anti-corruption activities in the Philippines and abroad. The latter is
an independent, non-profit media agency founded in 1989; it publishes articles and books on
malfeasance, presidential graft, irregular bidding in local governments, irregularities within the judicial
system and more.
There is also the Transparency and Accountability Network (TAN). The group is behind several websites
to supply public information and expose corruption. Its members come from academia, the private sector
and civil society groups that focus on anti-corruption and good governance.
The Public Service Labor Independent Confederation (PSLINK), on the other hand, is a confederation of
public sector unions of government employees from different national government agencies, state
universities and colleges, local government units, government financial institutions, health, teachers and
special sectors. Its main task is to fight corruption and protect whistleblowers. It is said that the PSLINK
has a small fund to help whistleblowers financially in cases where the lost their job because of exposing
their superior's corruption.
Finally, theres the Makati Business Club (MBC) which the GAN explains to be an influential forum for
the Philippines' largest companies.
MBC seeks to address public policy issues that go beyond business, including topics of governance,
politics and media control. MBC is also behind the private sector initiative Coalition on Corruption (CAC),
which monitors procurement activities, such as pork-barrel monitoring, internal revenue allotment
monitoring, textbook procurement and corruption diagnostics.
In response to criticism that the countrys Office of the Ombudsman mainly goes after so called small
fish, the CAC and MBC introduced a project called Catching the Big Fish, which targets corruption
among high-level politicians and other major players.
In the end, thanks to the continuously growing awareness of Filipinos regarding the need to fight
corruption because of its impact on the welfare, there is hope for the country to significantly bring down
corruption levels if not completely eradicate it. Filipinos are a resilient people and committed to ending
corruption in the country so that ethical businesses and enterprises can prosper, provide jobs and create
industries that will supply what economy needs. Much needed funds being stolen from public coffers
should be returned and utilized to build social infrastructure needed by Filipinos and industries.