Académique Documents
Professionnel Documents
Culture Documents
REFERENCE
For
MAUGAN B. LIMBA
BBA; CGM; MPA; CSEE
Dean
College of Commerce and Public Administration
Foreword
Maugan B. Limba
Summer 2007
CCSPC
Cotabato City
Acknowledgement
m.b.l.
TABLE OF CONTENTS
Part I 1
The Political Context of Public Administration1
The Study of Administration ………………………………………. 2
Scope and Nature of Public Administration ………………………………... 2
The Emergence of Public Administration ………………………………... 3
Theories and Concepts in Administration ……………………………….. 4
The Managerial Approach To Public Administration …………………..
4
Origin and Values ……………………………………………… 4
Organizational Structure ……………………………………………… 5
The Political Approach To Public Administration …………………………. 5
Origin and Values ……………………………………………… 6
Organizational Structure ……………………………………………… 7
Approaches To The Study of Public Administration………………….. 7
Constitutional-Legal Approach ………………………………………. 7
Structural-Descriptive Approach ………………………………... 7
Institutional Approach ……………………………………………… 7
Behavioral Approach ……………………………………………… 7
Systems Approach ……………………………………………… 8
Contingency Approach ………………………………………. 8
Politics and Administration Dichotomy ………………………………... 8
Judicial Authority …………………………………………………….. 8
Executive Authority ……………………………………………… 8
Administrative Authority ………………………………………. 10
The Proverbs of Administration ………………………………………. 10
Some Accepted Principles ………………………………………. 11
Specialization ……………………………………………… 12
Unity of Command ……………………………………………… 12
Span of Control ……………………………………………… 13
Organization By Purpose, Process, Clientele, and Place ……………
14
Decentralization and Political Power ………………………………………. 14
Conflict and Coalition ………………………………………. 15
Coalition of Executives ………………………………………. 15
Confluence of Leadership and Representativeness …………………..
Representativeness and the Public Interest ………………….. 16
Paradox of Interests ……………………………………………... 16
Representative Bureaucracy ………………………………………. 17
14
15
Part II 16
The Philippine Administrative System: An Overview 17
16
The Central Government …………………………………………….. 17
The Autonomous Regions ………………………………………………… 18
The Provincial Government …………………………………………….. 18
17
The Municipal Government ……………………………………………. 18
17
The City Government ……………………………………………. 19
17
The Barangay …………………………………………………… 19
17
18
Part III 18
The Bureaucracy 20
19
Bureucracy: As An Organization of Government ……………………… 20
Bureaucratic Authority …………………………………………….. 20
Features of Bureaucracy …………………………………………….. 21
20
Elements of The Ideal Type of Bureaucracy ………………………… 21
20
Life Cycle of Bureaus ……………………………………………… 21
20
Types of Bureau Genesis ……………………………………………… 21
21
Dominance of New Bureaus By Advocates and Zealots …………… 22
21
Struggle for Autonomy ………………………………………. 23
21
Rapid Growth of Young Bureaus ………………………………... 23
21
Bureaucratic Personality and Structure ………………………………... 24
22
Bureaucratic Personality ………………………………………. 24
23
Structure of Bureaucracy ………………………………………. 24
23
Dysfunctions of Bureaucracy ………………………………………. 25
24
Structural Source of Over-conformity ………………………………... 26
24
Breaking Through Bureaucracy ………………………………………. 26
24
Persistence of the Bureaucratic Paradigm ………………………… 26
25
Unraveling the Bureaucratic Paradigm ………………………… 27
26
Formulating An alternative ……………………………….. 28
26
Toward A Fully Humanized Bureaucracy ……………………………….. 29
26
Other Bureaucratic Concepts and Theories ……………………………….. 30
27
Weber’s Rational Bureucracy ……………………………………… 31
27
The Crux of Bureaucratic Management ……………………………….. 34
28
Evolution and Development of Philippine Bureaucracy …………………. 37
30
39
31
34
37
39
Two Major Features of Philippine Bureaucracy ………………….
The Services and The Bureau …………………………………… 39
The Ministry Model ……………………………………………… 40
Problems of Philippine Bureaucracy ………………………………………. 41
Characteristic Features of Philippine Bureaucracy ………………………… 42
The Philippine Civil Service System ………………………………………. 44
Historical Perspective ……………………………………………… 45
Growth and Development of the Philippine Civil Service ………………….. 46
Phase I – The Early Years ………………………………………. 47
Phase II – Period of Growth ………………………………………. 48
Phase III – Contemporary Civil Service …………………………. 49
Constitution and Statutory Provisions ……………………… 50
Civil Service Reforms …………………………. 50
Features of Contemporary Phil. Civil Service …………… 50
Part IV 51
The Administrative Structure 51
The Administrative State ……………………………………………… 51
Strengthening Urban Governance ………………………………... 52
Emerging Metropolitan Arrangement in The Philippines …………… 53
Metropolitan Governance: Mega-Urban Regions ………………….. 54
The Philippine Administrative Structure ………………………………... 54
Scope and Jurisdiction ………………………………………. 54
Public Administration Programs ………………………………... 56
Administrative Departments/Bureaus ……………………………….. 56
Policy Guidelines ……………………………………………... 57
Jurisdiction of the Departments ……………………………….. 57
Authority Delegation ……………………………………… 58
The Departments of Government ……………………………………… 58
General Government Sector ……………………………………… 58
Department of Budget and Management (DBM) …………………. 58
Department of Foreign Affairs (DFA) ………………………... 60
Department of Finance (DOF) ………………………………. 60
National Economic Development Authority (NEDA) ………….. 61
Office of the Press Secretary ………………………………. 61
Agriculture, Agrarian Reform and Environment Sector ………….. 61
Department of Agriculture ……………………………………… 62
Department of Agrarian Reform ………………………………. 63
Department of Environment and Natural Resources …………….. 63
Trade and Industry Sector ……………………………………… 64
64
Department of Tourism ………………………………………
Department of Trade and Industry ………………………………. 65
Infrastructure and Energy Sector ……………………………….65
Department of Public Works and Highways 67
………………….
Department of Energy ……………………………………… 67
Department of Transportation and Communications 68
…………..
Education, Culture & Manpower Dev’t. Sector ………………………... 69
Department of Education ……………………………………… 69
Department of Labor and Employment 69
…………………………
Health and Social Welfare Sector ……………………………………… 69
Department of Health …………………………………………….. 70
71
Department of Social Welfare and Development …………………..
Defense Sector …………………………………………………… 71
Department of National Defense 72
………………………………..
Science and Technology Sector ……………………………………… 72
Department of Science and Technology 73
………………………...
Public Order and Safety Sector ……………………………………… 73
Department of Justice ……………………………………………….. 74
Local Government Sector …………………………………………….. 74
Department of Interior and Local Government 75
………………….
Cultural Communities Sector ……………………………………… 75
Inter-Governmental Relations ……………………………………… 76
The Executive Department ……………………………………… 76
The Legislative Department ……………………………………… 78
The Judicial Department ……………………………………… 79
Part V
83
Local Government, Decentralization, and Empowerment
The Nature and State of Local Government 83
………………………...
Local Government …………………………………………….. 83
Organization …………………………………………….. 84
Local Government Delineated ……………………………………… 85
Local Gov’t. As Territorial and Political Subdivision 85
…………...
Local Gov’t. As Legal Authority Providing Services 86
…………...
Salient Features and Distinction of Local Government ………………….87
Layers of Authority ……………………………………… 87
Field Organization and Local Government ………………………... 87
Local Government As General Purpose Authority …………………. 88
Local Government As Municipal Corporation 88
………………….
Local Autonomy and Related Concepts ………………………………. 89
90
92
Regional Autonomy ……………………………………………..
Local Government’s Role in Supporting Strong Communities91 ……
Local Government in The Philippines ………………………………. 92
Historical Background ……………………………………… 93
Structure and Functions of Philippine Local Government …………..
94
Tiers of Local Government ……………………………………… 95
Services …………………………………………………… 96
Funds …………………………………………………………... 96
Special Local Government Units ……………………………………… 97
The IAD: An Approach To Development ………………………………. 98
Decentralization …………………………………………………… 99
Decentralization As A Concept ……………………………….. 100
Forms and Types of Decentralization ..……………………….
103
Administrative Decentralization and Political Power …………..
104
Decentralization: Hierarchy, Participation and Teamwork 104
…………..
Decentralization As A Concept and L. G. Strategy …………..
105
Decentralization and Development Administration …………..
106
Decentralization and Political Economy ………………………..106
Decentralization and Participatory Development ………………… 106
Decentralization and Power to The People ……………………….. 107
Community Empowerment ……………………………………... 107
Capacity Building …………………………………………………... 107
Part VI
Contemporary Issues and Problems 109
The Legislature …………………………………………………… 109
Presidential vs. Parliamentary System ………………………………. 109
Unicameral vs. Bicameral ……………………………………… 110
The Constitution: Electoral System & Political Parties …………..
110
The Electoral Process ……………………………………… 110
Electoral Reforms …………………………………………….. 111
The Presidency …………………………………………………… 112
Governance …………………………………………………… 112
Political Crisis: Lying, Cheating and Stealing ………………….
114
Executive Influence and Control ………………………………. 114
The Military and Uniform Services ………………………………. 114
Political Issues vs. Personality ……………………………………… 115
Political Parties …………………………………………….. 116
Party System …………………………………………………… 116
The Judiciary ………………………………………………………….. 117
117
The Judicial System ……………………………………………………
Respect for The Law …………………………………………………… 118
The Bureaucracy ………………………………………………………….. 118
Centralization vs. Decentralization ……………………………….
118
Coordination …………………………………………………… 119
Graft and Corruption …………………………………………….. 119
Red-Tape and Inefficiency ………………………………………
120
Personnel Administration ………………………………………
120
Citizen’s Participation …………………………………………….. 121
Public Health System …………………………………………….. 121
Problems of the Administrative Services ……………………………….
122
Problem of Organization ………………………………………
122
Problem of Personnel …………………………………………….. 122
Problem Material …………………………………………….. 122
Problem Business Practices and Procedures ………………….
122
Part VII
Accessibility and Accountability 123
Administrative Accountability ……………………………………… 123
Why Access ? …………………………………………………… 123
Accessibility Displacement: A Function of Administrative Processes
123 ……
Administrative Accountability Checklist ………………………………. 124
Policy Formulation …………………………………………….. 124
Plan Implementation ……………………………………………. 124
Procedures …………………………………………………… 124
Evaluation …………………………………………………… 125
Policy of Disclosure …………………………………………………… 125
Accountability in the Public Service ……………………………………… 127
Accountability Defined …………………………………………….. 127
Administrative Accountability ……………………………………… 127
Public Accountability …………………………………………….. 128
Standard Criteria on Accountability ………………………………. 128
Norms and Standards ……………………………………… 129
Forms of Accountability …………………………………………….. 129
Dimensions of Public Accountability ……………………………………… 129
Accountability of Public Officers ……………………………………… 130
Varieties of Public Administration ……………………………………… 131
Accountability and Public Administration ………………………………. 132
Congruence ………………………………………………………….. 132
New Public Administration and Program Accountability ………………… 133
133
134
133
134
Development Public Administration and Accountability …………………
135
Islamic View of Accountability ……………………………………..
135
People Participation and Governance ……………………………………...
Concept of Participation in Islam …………………………………….
New Concepts/Premises in Public Accountability ……………………….
136
Part VIII 136
The Financial System and Fiscal Administration136
Public Finance …………………………………………………… 137
Financial System and Monetary Policy ……………………………… 138
The Changing Role of Government in the Economy 138
…………………
The Role of Government in Public Finance ………………………………. 139
An Overview of Fiscal Policy ……………………………………………. 140
Fiscal Policy for Development ……………………………………………. 140
The Philippines As A Developing Country ………………………………. 141
142
Fiscal Policy and Sustainable Development ………………………...
Prioritizing Human Development ……………………………… 142
Reforming the IMF and The World Bank 143
………………………..
Increased Participation of NGO’s, PO’s and Citizens 143
………….
Philippine Fiscal Policy: Living in the Past ……………………….144
The Public Debt …………………………………………… 144
Public Expenditure – Policy and Problems ………………………. 145
Taxation: Direct and Indirect ……………………………………. 145
Developmental Problems of Less Developed countries (LDC’s) 145
…………
Poverty …………………………………………………………. 146
Lack of Capital ………………………………………………….. 146
Unemployment ………………………………………………….. 146
Inadequate Revenue …………………………………………… 150
Domestic Problems …………………………………………… 152
Philippine Expenditure Policies …………………………………….. 152
An Analysis ………………………………………………….. 152
Patterns of Public Expenditure …………………………………………… 154
Fiscal Policy and Budgeting ……………………………………. 155
Debt Servicing ………………………………………………….. 155
Fiscal control Mechanisms ……………………………………………. 156
The Budget and The Budget System ……………………………… 156
Expenditure Control ……………………………………………. 158
Types of Budget ………………………………………………….. 158
Philippine National Budgeting System ……………………………… 159
Budget concepts …………………………………………………..
The Budget Process ……………………………………………
159
The Philippine Budget Components ……………………………………..
159
Budget Process in the National Government ………………...
160
Budget Process within the Department/Agency ………………...
161
Budget Control …………………………………………………..
165
Government Accounting ……………………………………………..
165
Objectives ……………………………………………………
165
Characteristics ……………………………………………………
166
Books of Accounts ……………………………………………………
167
Accounting for Appropriation, Allotment & Obligation …………………
167
General Principles …………………………………………….
167
Allotment System in the National Government …………………
Part IX
Values and Ethics in The Public Service 169
Code of Conduct and Ethical Standards ………………………………
169
Coverage …………………………………………………... 169
Reforms in the Public Administrative System ………………...
170
Salient Features/Characteristics of the Code ………………...
170
Part I
THE POLITICAL CONTEXT OF ADMINISTRATION
The Study of Administration
(1) To take some account of what others have done in the same line, that is
to say, of the history of the study;
(3) To determine just what are the best methods by which to develop it, and
the most clarifying political conceptions to carry with us into it.
The industrial revolution and its many social, economic, and political
implications are fundamentally responsible for the new social philosophy
and the new concept of public administration. Thus, laissez faire has been
abandoned by philosophers and statesmen alike and a new era of collective
activity has been ushered in by the 20th century.
These new ideas involve the acceptance of the state as a great agency
of social cooperation, as well as an agency of social regulation. The state
therefore becomes an important means by which the program of social
amelioration is effected. “the power of the civil service is increasing” writes
an English scholar, “for the state has given up its old role of acting ( in
Lassalle’s phrase) as night watch-man, as a mere dispenser of justice in the
strictest sense of the word. Today, it acts on the theory that the good of the
individual and of society may be discovered by the process of social reason
and action, and be implemented through statutes.” Classics of Pub. Adm.;J.M.
Shafritz & A.C. Hyde, 1997)
The civil service reform of the late 19 th century demanded that “the
business part of the government shall be carried out in a sound
businesslike manner. This idea was self-consciously and influentially
discussed by Woodrow Wilson in his essay on “The Study of
Administration.” thus, he considered public administration to be “a field of
business” and consequently, largely a managerial endeavor. He also set
forth the three core values of the managerial approach to public
administration. Accordingly, It is the object of administrative study to
discover -
2. Secondly, how it can do these proper things with the utmost possible
efficiency; and
Organizational Structure
b) Organizational Structure
(1) Judicial Authorities - these are those which apply the law in
concrete cases where controversies arise owing to the failure of private
individuals or public authorities to observe the rights of others;
The term politics is used here is the sense in which it is used by most
people in ordinary affairs and not its meaning attributed to it by most
political writers. Thus, the Century Dictionary defines politics as –
1. Specialization.
2. Unity of Command
The real fault with this principle is that it is incompatible with the
principle of specialization. One of the most important uses to which
authority is put in an organization is to bring about specialization in the
work of making decisions, so that each decision is made at a point in the
organization where it can be made most expertly. However, if unity of
command is observed, the decision of a person at any point in the
administrative hierarchy are subject to the influence through only one
channel of authority; and if his decisions are of a kind that require expertise
in more than one field of knowledge, then advisory and informational
services must be relied upon to supply those premises which lie in a field
not recognized by the mode of specialization in the organization. (Herbert
Simon, cited by J.M. Shafritz & A.C. Hyde, 1997)
3. Span of Control
Sources of Conflict.
It has long been recognized that much public policy is shaped largely
by clusters of bureaus, their organized clientele and legislative committees
and legislators specializing in each public function. – health, education,
welfare, etc. The argument, according to Herbert Kaufman, for
strengthening chief executives and their department heads vis-à-vis the
clusters are based chiefly on the need to offset the resulting fragmentation
of government by introducing sufficient central direction to unify the
policies and administration of these separate centers of power.
Paradox of Interest
However, Herring (1936) asserts that bureaucracy suffers from want of
hierarchical organization and personnel united by a harmonious concept of
government service. Yet a bureau of this type and nature arouses suspicion
and criticism of interest groups. Groups of citizens seeking to advance their
own interests or to protect themselves from the onslaught of rivals turn to the
government for aid. On one hand, these groups perceives government to serve
them, on the other hand they expect at least that government does not
interfere with their purposes.
Representative Bureaucracy
Part II
The Philippine Administrative System; An Overview
The Barangay
Part III
THE BUREAUCRACY
Bureaucracy As An Organization of Government
Bureaucracy refers to the systematic organization of men and tasks
into some kind of pattern that facilitate the achievement of group effort.
(Pfiffner & Presthus, 1952) while on the other hand, Webber defines it as a
system with components which includes men, offices, authority, and
processes for translating “community action” into rationally-ordered “social
action” (Tendero, 1993)
All these geneses have three things in common: (1) The Bureau is
initially dominated either by advocates or zealots; (2) It normally goes
through an early phase of rapid growth; and (3) It must immediately begin
seeking sources of external support in order to survive. (Anthony Downs, cited
by J.M. Shafritz & A.C. Hyde, 1997)
Few bureaus ever achieve such perfect autonomy that they are
immune from threats to their survival. However, a bureau can attain a
certain initial degree of security. This presupposes that it has become large
enough to render useful services, and old enough to have established
routinized relationships with its major clients. These minimal size and age
levels are referred to as the bureau’s initial survival threshold.
Structure of A Bureaucracy
Formulating An Alternative
The fact that this kind of rhetoric is coming into common use
suggests that a new alternative to the bureaucratic paradigm – one that
builds on much prior practical and intellectual work, is now available. The
time is ripe, therefore, to define as carefully as possible what this alternative
is. Breaking through bureaucracy takes on this task. (Michael Barzelay w/
Babak J. Armajani, cited by J.M. Shafritz & A.C. Hyde, 1997 )
The country cannot sustain structural reform efforts and the drive
towards a service orientation without addressing the human dimensions.
For much too long, the Philippine bureaucracy has been maligned and
taken for granted as hopelessly incorrigible.
Given this view, not enough attention and resources have been
devoted to addressing the lot of the ordinary government employee. As the
thinking goes, why waste taxpayers’ money on people who are marginally
useful, corrupt and inefficient? Thus, government employees tend to breath
life and perpetuate the stereotype.
He wrote:
For Weber the term bureaucracy was inseparable from the term
rationality. And we may speak of his concept as a "rational bureaucracy"
But what were the features developed to make bureaucracies rational? We
have already met them: (1) functional specialization (2) clear lines of
hierarchical authority, (3) expert training of managers, and (4) decision
making based on rules and tactics developed to guarantee consistent and
effective pursuit of organizational goals.
We have already seen how this applied to Swift & Co. Within a Swift
packing plant, work was broken down into many special tasks, and
employees were assigned to one or a few such tasks, including the tasks
involved in coordinating the work of others. (Such coordination is called
administration or management.) Furthermore, Swift was separated into a
number of divisions, each specializing in one of the tasks in the elaborate
process of bringing meat from the ranch to the consumer. Weber argued
that such specialization is essential to a rational bureaucracy and that the
specific boundaries separating one functional division from another must be
fixed by explicit rules, regulations, and procedures.
The plain citizen compares the operation of the bureaus with the
working of the profit system, which is more familiar to him. Then he
discovers that bureaucratic management is wasteful, inefficient, slow, and
rolled up in red tape. He simply cannot understand how reasonable people
allow such a mischievous system to endure. Why not adopt the well-tried
methods of private business?
Spanish Rule
Bureaucracy had five main department: (1) Army; (2) Navy; (3)
Justice; (4) Finance, and (5) Directorate General of Civil Administration
The Americans had always claimed that it was their aim to give the
Philippines a modern and efficient civil service since the inefficient and
corrupt administrative system under the Spaniards was one of the causes of
discontentment and revolution among the Filipinos. 1900- Philippine
Commission passed Act for the establishment of an effective and honest
Civil Service in the Philippines (Act No. 5, Sept. 19, 1900). Under this law,
all position from the rank of bureau director or below were placed under the
civil service. There were Six Departments namely: Finance Justice, Public
Instruction, Interior, Agriculture and Natural Resources, and Commerce
and Communications.
a.
The staff services, and line and staff bureaus
Divisions:
Divisions:
Personnel Division
Legal Division
Information Division
General Services Division
Technical Services- to take charge of technical staff activities that are
unique to a ministry and which cannot be allocated to any other
service or bureau of the ministry
* Executive Order No. 1 signed into law on February 28, 1996 that
organized the Presidential Commission on Good Government (PCGG)
Purposes:
1987 CONSTITUTION
R.A. No. 6656- Known as the reorganization act of 1987, laid down
the ground rules for restructuring the bureaucracy with a view towards
protecting the rights of public servants against arbitrary and unjust
dismissals.
Given this view, not enough attention and resources have been
devoted to addressing the lot of the ordinary government employee. The
government employee tend to breath life and perpetuate the stereo-typed
“bureaucrat” as marginally useful, corrupt, and inefficient. Thus, there is a
pressing need to foster a caring bureaucracy – one that takes care of its
own even as it performs its role as servants of the people.
The term Civil Service, is a generic term referring to the body of men
and women employed by the government to carry out public services. They
are responsible for the administration of laws, policies and programs in
the bureaucracy. The scope and coverage of the civil service embraces all
branches, subdivisions, instrumentalities, and agencies of the government,
including government-owned or controlled corporations with original
charters. (C.S. Law & Rules, Implementing Book 5, E.O. 292)
Historical Perspective
The Philippine colonial past forms a large part of the history of the
civil service. Had it been allowed to take its own course, it could have
possibly led to the formation of an autonomous government and thus, a
largely indigenous civil service. It was then feasible since the internal
dynamics of nationhood were already there, such as: a) the presence of
social classes and their stratified roles; and b) the existence of “barangays”
which were then in the process of confederating themselves into a larger
political unit. (Civil Service Reforms in The Philippines: Patricia. A. Sto.
Tomas, CSC, 1991)
Political Neutrality
Characteristics
The most important reason for the transformation of the civil service
was the policy of “Filipinization” itself pursued by the Republican
administration. This had been effectively written into the Civil Service Law
itself and seemed to have been strictly adhered to in practice. Filipino
participation in the civil service was further increased after 1913.
Governor-General Francis Burton Harrison implemented the Democratic
policy of rapid Filipinization by way of forced resignations, reduction in pay
of the higher positions, abolition of certain positions, and the creation of
“conditions that were intolerable to many senior Americans in the service.”
By 1919, Americans constituted only six percent (6%) of the total
bureaucratic force. Hence, the situation resulted in what has been referred
to as “a bureaucracy of Filipinos, assisted by Americans.”
Despite all the changes that had occurred and the proof that Filipinos
are capable of the expectations of running their government, the situation
until 1935 was still a colonial one, with the natives still ultimately
accountable to their colonial rulers. In the latter years, however, the
Commonwealth period eventually gave the Filipinos greater control over
their own affairs. With greater number of Filipinos at the helm of the
government, skeptical expectations were rife. On the contrary, the period
witnessed the strengthening further of the principles of merit and political
neutrality.
The first manifestation is the inclusion of the civil service system into
the Constitution which was not provided for under the Tydings-Mcduffie
Law establishing the Commonwealth government. Another is the elevation
of the Bureau of Civil Service from second-class to first class with the
corresponding upgrading of the Office of the Civil Service to Commissioner
of civil Service with the rank of Undersecretary of Department. For his part,
President Manuel L. Quezon committed his administration to the principles
of an advanced civil service. Other highlights of this era include, but are
not limited, to the following:
* Act No. 177 (1937) Extended the civil service to all branches and
subdivisions of the government;
* Applied the principles of competitive examinations to all positions;
* Empowered the Civil Service Commissioner to institute disciplinary
measures;
* Reiterated the security of tenure concept; and
* Instituted safeguards to the merit system
* Creation of the GSIS (1936) - Institutionalized personnel insurance
and retirement;
* Government Survey Board - Effectively assessed administrative and
organization resources;
* Position Classification System (1940)
Independent Republic
1. Merit Protection
2. Position Classification
3. Constitutional/Legal Safeguards
4. Continuing Reforms
5. Categories of Positions -
Career Service:
Elected officials
Department Heads/Cabinet Rank (at the pleasure of the Pres.)
Chairmen & members of Commissions
Contractual personnel
Emergency/Seasonal personnel
Part IV
THE ADMINISTRATIVE STRUCTURE
As Philippine cities become larger and ever more crowded, the country
is facing an urban crisis. The high rate of urbanization is placing huge
strains on both national and local governments. These authorities are
struggling to manage growth, to provide necessary levels of basic human
services, to maintain and expand infrastructure, to provide adequate
housing, to stimulate economic growth, and to protect the urban ecosystem.
For the start of the New Millennium, (Laquian: 1990) twenty-eight (28)
urban agglomerations have a population of eight (8) million or more. By this
time, however, there may be some substantial deviations from the data. Be
that as it may, all except six of these urban centers, are in developing
countries which gives evidence of such assertion that urban regions are
engines of economic growth. Most countries facing this dilemma have been
necessarily constrained to formulate and adopt pertinent strategies to
achieve a balance between the growth of these economic engines against the
negative social consequences of unrestrained urban explosion.
Many countries tried several approaches to mega-urban regional
governance. In many cases, however, the system of governance is based on
urban function, viz., 1) allocation of primary authority; 2) coverage of
government structure; and 3) degree of centralization/decentralization of
power; and 4) the extent of citizen participation.
Some prescribe the program activity; others leave program plan and
implementation to the recipient country. Lately, however, grants are
administered directly by the donor organizations or countries. Some of these
donors are:
a. ODA (Overseas Dev’t. Assistance) of Japan
b. ESF (Economic Support Fund) of the U.S.
c. PAP (Philippine Aid Program)
d. JICA (Japan Int’l. Cooperation Agency), etc
These are grouped into eleven (11) sectors based upon mission or
purpose, overall programs and specific plans and functions of the agencies
concerned. The powers, function, and responsibilities of the departments
and component units are based on the provisions of the Administrative
Code of 1987, Agency and Program Targets, pertinent executive orders, and
other issuances of the President, Cabinet Resolutions, and department
orders.
a) Constituent Offices:
a) Line Bureaus:
a) Department Units/Entities:
b) Attached Agencies:
3. Service Offices and Councils assisting the line units which takes charge
of administering qualifying examinations for career foreign service officers:
a) Working Groups:
b) Component Bureaus :
a) Line Bureaus:
Support services for policy and planning such as the regional offices
are set to provide frontline services to the clientele. Implementation and
monitoring of its programs as the provincial level is the responsibility of the
Provincial Agriculture and Fisheries Officer; and for the municipal and
barangay levels, that of the Municipal Agriculture and Fisheries Officer
b) Attached Agencies:
a) Line Bureaus:
b) Attached Agencies:
a) Technical Bureaus:
1. Bureau of Design
2. Bureau of Construction
3. Bureau of Maintenance
4. Bureau of Equipment
5. Bureau of Research and Standards
b) Line Offices:
3 Telecommunications Office
a) Attached Agencies/Corporations:
a) Operating Bureaus:
b) Attached Agencies:
a) Functional Bureaus:
1 Elementary Education
2 Secondary Education
3 Technical/Vocational Education
4 Tertiary/Higher Education
5 Non-Formal Education
6 Physical Education/School Sports
b) Attached Offices/Entities:
1 National Museum
2 National Library
3 Institute of Philippine Languages
4 Instructional Materials Corporation
5 National Historical Commission
a) Operational Bureaus:
b) Attached Offices/Entities:
a) Line Offices:
1 Office for Public Health Services takes charge of maternal and child
health, tuberculosis control, family planning, environmental health,
nutrition, dental health, malaria control, schistosomiasis control, control of
non-communicable and communicable diseases
2 Office for Hospitals and Facilities Services is responsible for hospital
operations and management, radiation health, hospital maintenance and
health infrastructure.
b) Bureaus:
c) Attached Entities:
b) Attached Entities:
1 Population Commission
2 Council for the Welfare of Children
3 National Nutrition Council
4 National Council for Disabled Persons
a) Entities:
b) Service Commands:
a. Philippine Army
b. Philippine Navy
c. Philippine Air Force
d. Marine Corps
e. Coast Guard
b) Research Institutes:
a) Operational Units:
a) Operative Structures:
1. Kalinga Special Development Authority aims to hasten the growth and
development of the Kalinga to enable inhabitants to actively participate in
the task of national development;
Inter-governmental Relations
The Executive Department
The vice president has the same term of office as the president and is
elected in the same manner. The vice president also may serve as a member
of the cabinet. No vice president may serve for more than two successive
terms. The president and vice president are not elected as a team. Thus,
they may be ideologically opposed, or even personal rivals.
The first free congressional elections in nearly two decades were held
on May 11, 1987. The pre-martial law Philippine Congress, famous for
logrolling and satisfying individual demands, was shut down by Marcos in
1972. The 1973 constitution created a rubber-stamp parliament, or
National Assembly, which only began functioning in 1978 and which was
timid in confronting Marcos until some opposition members were elected in
May 1984. In the 1987 elections, more than 26 million Filipinos, or 83
percent of eligible voters, cast their ballots at 104,000 polling stations.
Twenty-three of twenty-four Aquino-endorsed Senate candidates won. The
lone senator opposed to Aquino was former Minister of Defense Juan Ponce
Enrile, her husband's former jailer and her one-time defender. Enrile was
seated as the twenty-fourth and final member of the Senate, after the
Supreme Court ordered the Commission on Elections to abandon plans for
a recount.
The new legislature was formally convened on July 27, 1987. The
leader of the Senate is the Senate president, who stands next in the line of
succession for the presidency after the country's vice president. Generally,
the Senate had a reputation as a prestigious body with a truly national
outlook, in contrast to the House of Representatives, which had more
parochial concerns.
The legal system used in the early 1990s was derived for the most
part from those of Spain and the United States. Civil code procedures on
family and property and the absence of jury trial were attributable to
Spanish influences, but most important statutes governing trade and
commerce, labor relations, taxation, banking and currency, and
governmental operations were of United States derivation, introduced at the
beginning of the twentieth century.
Judicial power is vested in a Supreme Court and in such lower courts
as may be established by law. The 1981 Judicial Reorganization Act
provides for four main levels of courts and several special courts. At the
local level are metropolitan trial courts, municipal trial courts, and
municipal circuit trial courts. The next level consists of regional trial courts,
one for each of the nation's thirteen political regions, including Manila.
Courts at the local level have original jurisdiction over less serious criminal
cases while more serious offenses are heard by the regional level courts,
which also have appellate jurisdiction.
The Philippines has always been a highly litigious society, and the
courts often were used to carry on personal vendettas and family feuds.
There was widespread public perception that at least some judges could be
bought. Public confidence in the judicial system was dealt a particular blow
in 1988 when a special prosecutor alleged that six Supreme Court justices
had pressured him to "go easy" on their friends. The offended justices
threatened to cite the prosecutor for contempt. Aquino did not take sides in
this dispute. The net effect was to confirm many Filipinos' cynicism about
the impartiality of justice.
Justice was endlessly delayed in the late 1980s. Court calendars were
jammed. Most lower courts lacked stenographers. A former judge reported
in 1988 that judges routinely scheduled as many as twenty hearings at the
same time in the knowledge that lawyers would show up only to ask for a
postponement. One tax case heard in 1988 had been filed 50 years before,
and a study of the tax court showed that even if the judges were to work 50
percent faster, it would take them 476 years to catch up. Even in the
spectacular case of the 1983 murder of Senator Benigno Aquino, the judicial
system did not function speedily or reliably. It took five years to convict
some middle-ranking officers, and although the verdict obliquely hinted at
then Chief of Staff General Fabian Ver's ultimate responsibility, the court
never directly addressed that question.
In 1991 Aquino agreed to allow the former first lady, who could not
leave New York City without the permission of the United States Department
of Justice, to return to the Philippines to face charges of graft and
corruption. Swiss banking authorities agreed to return approximately
US$350 million to the Philippine government only if Marcos were tried and
convicted. Marcos did not seem to be reluctant to face the Philippine courts.
(References: Allrefer.com/Country-Guide-Study/Philippines; Manila Times, October
13, 1990; Roman R. Dannung, (2004). The Politics Governance and Government with
Philippine Constitution; Florentino G. Ayson (1993). The Foundation of Political
Science: National Bookstore)
Part V
LOCAL GOVERNMENT, DECENTRALIZATION AND
EMPOWERMENT
Local Government
Chartered cities stood on their own, were not part of any province, did
not elect provincial officials, and were not subject to any provincial taxation,
but they did have the power to levy their own taxes. As of 1991, there were
sixty-one chartered cities headed by a mayor and a vice mayor. The mayor
had some discretionary power of local appointment.
During martial law, the provinces were grouped into twelve regions,
and that arrangement was continued in the Apportionment Ordinance
appended to the 1987 Constitution. Because these regions did not have
taxing powers or elected officials of their own, however, they were more an
administrative convenience for the departments of the national government
than a unit of genuine local importance. In 1991 approximately 90 percent
of government services were provided by the national government. Attempts
by Aquino to decentralize delivery of some services were resisted by
members of Congress because such moves deprived them of patronage.
The single biggest problem for local government has been inadequate
funds. Article 10 of the Constitution grants each local government unit the
power to create its own sources of revenue and to levy taxes, but this power
is "subject to such guidelines and limitations as the Congress may provide."
In practice, taxes were very hard to collect, particularly at the local level
where officials, who must run for reelection every three years, were
concerned about alienating voters. Most local government funding came
from Manila. There is a contradiction in the Constitution between local
autonomy and accountability to Manila. The Constitution mandates that the
state "shall ensure the autonomy of local governments," but it also says that
the president "shall exercise general supervision over local governments."
The contradiction was usually resolved in favor of the center.
Thus from the point of view of the local units, the central government
in a federal government are the states or the provinces. In unitary systems,
the central government is the nation as a whole. The element of
subordination appears in any definition of local government. By nature, local
government are subordinate entities, having no inherent powers and must
look up to the higher governmental level for delegation of authority.
Below them are the basic units of local government, those performing
services for people who live together in a community. These are the cities,
municipalities, townships, districts, panchayat, tambon, etc. they perform
services which include sanitation, protection of lives and property, and
provision of public utilities. In a few countries, a lower and smaller form of
local government constitutes the sub-municipal level, typified by the
barangays in the Philippines, the parishes in the United Kingdom, and the
mahalle in Turkey.
The International Union of Local Authorities (IULA) noted that the
number of tiers of local governments depends on geography, population,
number of basic units, and degree of centralization (Humes and Martin
1969). The Philippines’ several layers may be attributed to its geographic
peculiarities, centralist experience, and the historical basis of its barangays.
The heads of field offices are appointed, generally by the head of the
national agency or ministry. To them are delegated certain powers, like the
appointment of subordinate field employees and budget accountability. On
the other hand, local government officials, as earlier mentioned, make
political decisions, like earmarking revenues for different projects for the
public good. These decisions generally take the form of ordinances.
Regional Autonomy
The required plebiscite was set for November 19, 1989, in thirteen
provinces in Mindanao and the island groups stretching toward Borneo. The
plebiscite campaign was marred by violence, including bombings and
attacks by rebels. Aquino flew to Cotabato on November 6, 1990, to formally
inaugurate the Autonomous Region in Muslim Mindanao. She had already
signed executive orders devolving to the Autonomous Region in Muslim
Mindanao the powers of seven cabinet departments: local government; labor
and employment; science and technology; public works and highways;
social welfare and development; tourism; and environment and natural
resources. Control of national security, foreign relations, and other
significant matters remained with the national government.
Historical Background
Historical accounts show ancient community governments headed by
the Datu who exercised executive, legislative, and judicial powers, often
upon consultation with a Council of Elders. Pre-Spanish barangays were
wellorganized. They had the Datu who took charge of government, the
panday (blacksmith) who took care of technology, forming the tools
domestic activities to tools for work. The babaylan took charge of the
cultural and scientific aspects of life, e.g., rituals, medicine, astronomy
(Salazar 1989). Arcellana (1954) categorically stated that the barangays
were not local governments, but rather had the status of city-states. This
have been substantiated by the foregoing definitions.
The Code now provides for the following criteria: for the province, land
area of at least 2,000 sq, kms. As certified by the Lands Management
Bureau, population of not less than 250,000 as certified by the National
Statistics Office, and income of at least P20 million, as certified by the
Department of Finance; for the city, at least P20 million income, land area of
at least 100 sq. kls., and population of150,000; for the municipality, the
minimum income is P2.5 million, the population requirement is 25,000, and
the land area should at lest be 50 sq. kls.; for the barangay, the only
criterion is population of at least 2,000. however, barangays in Metropolitan
Manila should have a minimum population of 5,000.
While these local units may be created by law, the Code mandates
that the residents of areas affected by the creation should approve the
measure in a plebiscite. The Code mandates also that the creation of the
local unit “shall not reduce the land area, population and income of the
original unit or units at the time of the creation to less than the prescribed
minimum requirements” (Sec.8).
Tiers of Local Government.
Before the first Local Government Code, all cities were autonomous
from the province. BP (Batasang Pambansa) 337 classified cities into two:
component cities and highly urbanized cities. Highly urbanized cities are
those considered viable enough to perform their functions and services, and
thus allowed to retain their autonomy from the province. The new Code
provides the following criteria: at least 200,000 inhabitants and P50 million
income. Residents of highly urbanized cities do not vote for municipal
officials. Component cities are under the direct supervision of the provinces.
Services.
Funds
Local units impose the real property tax, and much depends on their
assessment and collection efficiency. Assessments depend on the type of
land. They also tax business. Cities and municipalities impose the
amusement tax. Barangay clearance is now needed before permits can be
given by the cities and municipalities for businesses.
Two types of special local government units exist in the country: the
Autonomous Region in Muslim Mindanao (ARMM) and the Metropolitan
Manila Development Authority (MMDA).
The ARMM is covered by RA 6734, the organic act creating it. The
intention of the Act was to provide a form of government which would
respond to the special needs in the predominantly Muslim areas. It provided
for a Governor and an Assembly as well as a cabinet for the ARMM.
However, since the Local Government Code provided that the people
affected by their localities should agree to such change through a plebiscite,
the ARMM law was subjected to such an exercise. Unfortunately, only four
provinces - Sulu, Tawi-Tawi, Maguindanao and Lanao del Sur agreed to the
inclusion of their territories within the ARMM. Despite the non-inclusion of
Cotabato City, it still serves as ARMM capital because the law provided for
that. ARMM therefore covers non-contiguous areas, and has its capital
elsewhere. Nonetheless, it continues to serve as a special regional
government for the areas covered by ARMM, now including Basilan Province
and Marawi City, which voted for their inclusion during the 14 August 2001
Plebiscite.
Despite what some critics say about the defects in the implementation
of the ARMM organic act, that special LGU exists as envisioned by the Act
today. This is not so for the special LGU covering Metropolitan Manila. The
Metropolitan Manila area was placed under the Metro Manila Commission
(MMC) in 1975 by virtue of Presidential Decree No. 825. The MMC was
headed by a Governor (then First Lady Imelda R. Marcos), who was assisted
in her tasks by a Deputy Commissioner. The Commission was comprised of
appointed persons who performed the MMC’s tasks for the thirteen (13)
municipalities and four cities comprising Metro Manila. MMC acted like a
province over the seventeen (17) LGUs of Metro Manila. It received
contributions from them for services performed by the MMC, such as
garbage disposal, traffic management, flood control, and zoning.
After EDSA I, the MMC was dissolved and through Executive Order
No. 392 by the Metro Manila Authority (MMA). However, MMA proved to be
ineffective mechanism because its organizational structure was such that
the chairmanship rotated among the Metro Manila Mayors. MMA was again
replaced by the Metropolitan Manila Development Authority (MMDA), which
was established by Republic Act No. 7924. The MMDA governing board
represents also the 17 cities and municipalities. Added to the membership
are the Presidents of the Metro Manila Vice-Mayors League and of the Metro
Manila Councilors League. To make the MMDA stronger, the Chairman of
the Board is appointed by the President of the Republic of the Philippines.
Decentralization As a Concept
For instance, the Local Government Code of 1991 (Republic Act 7160)
devolved to local governments the administration of five basic services
heretofore conducted by the national government - health, agriculture,
maintenance of public works and highways, social welfare and
environmental protection. The Local Tax Code (Presidential Decree 231)
earlier provided local councils the authority to impose taxes to raise the
revenues needed for their projects, within the ambit of the law. On the other
hand, to the branches of the Bureau of Internal Revenue and the local
treasury offices is de-concentrated the function of tax collection.
The first mode involved only the educated and moneyed people in the
community without the participation of the “grassroots” or the beneficiaries.
The second mode is one in which the people or beneficiaries are asked to
legitimatize or ratify projects identified as formulated by the government. In
the third mode of participation, the people are consulted about the project,
but they do not actually participate in the planning and management of
projects. In the fifth mode, the people or the beneficiaries are represented in
the highest policy making body of the agency; and finally in the sixth mode,
the representative of the people control the highest policy making body of
the agency.
In this context, The 1987 Constitution (Sec. 15, Art. XIII) provides that
“the State shall respect the role of independent people’s organizations to
enable the people to pursue and protect, within the democratic framework,
their legitimate and collective interests and aspirations through peaceful
and lawful means. (E.A. Co: 2002) Through this provision, people’s
organizations can be instrumental in enabling the people to meaningfully
participate and effectively intervene in the formulation and implementation
of decisions that directly affect their lives.
Many are the issues on what goes wrong with a highly centralized
system of economic planning and decision-making in the context of a
developing country. First of all, without strong local institutions and
organizations, it would be difficult for the centralized government to
undertake distributional, equity, and regional development schemes. More
often than not, without these strong institutions, regional and rural
schemes can easily be manipulated by powerful local politicians or bigwigs
to further their own ends. More obvious would be the corruption and abuse
of power (e.g. Marcos and Duvalier to Ceaucescu) that a centralized
government can be capable of
Decentralization has been one of the key policies in many developing
countries (Joseph Y. Lim:1990) whose objectives are to foster efficiency,
generate local participation in national development, stir-up market forces,
and to eradicate red-tape that usually accompanies a top-heavy and over-
centralized bureaucracy. This need for decentralization has come about due
to the perceive over-centralization and over-bureaucratization of the central
government and its bad effects on resource allocation and incentive
generation.
Community Empowerment
Capacity-Building
Uphoff has suggested that there are four fundamental functions that
organizations must be able to do in order to reach their objectives (World
Bank: 2003). These functions are : 1) decision-making, including planning
and evaluation; 2) resource mobilization and management; 3)
communication and coordination; and 4) conflict resolution. In view of
this perspective, local capacity could be defined as the extent of ability
which local governments organize themselves to perform the four functions
and provide basic services to their residents.
PART VI
CONTEMPORARY ISSUES AND PROBLEMS
The Legislature
Ninety days of campaign period is a long time or, even arguably, too
long. Parts of the country's administration have been basically put on hold
in the past three months. Considering the enormous challenges facing the
country, it is no wonder if it would not be better to shorten the official
campaign period as in other countries. Anyway, the campaign is virtually
void of serious political content. (Ronald Meinardus:2005;MNS.com)
Electoral Reforms
The Senate sounded the call for the resignation of the incumbent
commissioners of the COMELEC after getting the report of the Blue Ribbon
Committee finding the commissioners and the members of the Bids and
Awards Committee (BAC) criminally liable for awarding “an egregiously
fraudulent” contract to Mega Pacific Consortium. With Senate joining the
Supreme Court , the COMELEC has earned the dubious distinction of not
only getting a public censure, but also having its top officials labeled as
crooks by two of the government’s highest institutions. (Editorial,
PDI:12/15/05)
The Presidency
Governance
These days, the political class in the Philippines is too preoccupied to
be concerned about governance. Everyone’s attention is focused on what
one commentator has termed “the worst crisis any administration” has ever
experienced. The opposition is orchestrating turmoil and openly calling for
the ouster of the President. To achieve this goal, the president’s foes have
discharged various poisonous attacks
However, most observers agree the situation today is not ripe for yet
another popular uprising. While many Filipinos are unhappy with the
president, who is very unpopular, the outrage needed for a political
explosion seems to be missing. “People are either weary of protests or
apathetic to it all,” says one observer. As is often the case in extra-
constitutional processes, the call for “people power” does not stem from the
“people”, but from self-appointed leaders without a popular mandate.
(Ronald Meinardus:2005;MNS.com)
Poor governance is not only an issue with the Philippine public, the
media and the opposition. The quality of government (or the lack of it) and
its detrimental effects for society are dealt with in a recent survey published
by the World Bank entitled Governance Matters IV. Governance Indicators
1996-2004. The study evaluates the governments of 209 countries and rates
their performance in six governance related fields: human rights, political
stability, government effectiveness, regulatory quality, the rule of law and
finally the control of corruption.
For the Philippines, the report contains only bad news. Compared
with 2002 and 1998, the scores in all six categories went down in 2004. The
drop was particularly sharp regarding the rule of law and political stability,
where this Southeast Asian nation is ranked in one category with countries
like Zimbabwe, Uzbekistan and Haiti. To be more specific, some problems in
administrative governance are valid issues to consider, viz., graft &
corruption; undue favoritism; nepotism; cover-up; incompetence;
inefficiency; unethical behavior; and lack of integrity.
The World Bank report’s main point is that governance has a direct
impact on the economy. In short: Good governance is a precondition for
economic advancement and higher living standards - and not the other way
around. The message for the politicians is clear: if they want to improve the
economic conditions of their constituents - and one would want to assume
that this is the ultimate goal of all political forces - then they must start
with bringing their house into order politically. In this regard, the political
class in the Philippines still has a very long way to go. (MNS.com:2005)
The Office of the President of the Philippines has always been viewed
with awe, because of the immense powers that are vested in it. It is
therefore a given that the presidency has traditionally occupied center stage
in Philippine politics.
Future historians will probably come to the conclusion that the most
important factor benefiting the president was the political apathy of the
masses. While survey after survey has documented that a majority of
Filipinos are unhappy with the incumbent and wouldn’t mind seeing her
quit today rather than tomorrow, only a small minority is willing to go to the
streets and join protest rallies. “People power has become an impotent
weapon for ousting a widely reviled President,” said a leading columnist in
September shortly after presidential allies in the House of Representatives
effectively squashed the impeachment process. (The Korea Times: 12/6/05 )
It was not at all easy to explain how come the official spokesman of
the military could go on record saying that the elections were "generally
peaceful," when, at the same time, reports came in saying more than 100
people had been killed in politically motivated violence. To be fair, the
spokesman said this against the background of fears of a Madrid-like major
terrorist assault before or during elections here. Very fortunately, this did
not materialize. Still, the bloody toll of elections remains an ugly scar on the
overall democratic process in the Philippines. (Ronald
Meinardus:2005;MNS.com)
Political Parties
Party System
The Judiciary
The Bureaucracy
Coordination
Personnel Administration -
Among the perennial issues in Personnel Administration obtaining in
the bureaucracy include : a) proper staffing of various agencies at both the
national and local levels; b) violations, distortions or non-observance of the
merit and fitness principle in recruitment and promotion; c) low salary scale
of civil servants; and d) frequent transfer or re-shuffling of personnel, and e)
nepotism. (de Guzman, Brillantes, et al:1987)
Citizen’s Participation
Administrative Accessibility
A way or means
Why Access?
As early late 60s until mid 70s, there is in the world a serious concern
for administrative capability of administrative systems in the developing
nations. This concern is based on the argument that for these nations to
make optimum use of their limited resources vis-à-vis the numerous claims
made upon them, there must be a capable and competent which can
convert the resources inputs into goods and services efficiently and
effectively (UN, 1969; Caiden, 1973; in Alfiler, 1979)
Policy Formulation
Organization/project provide strategy.
Client alternatives.
Policy consider; client need, characteristics, economic, political power,
etc. vis-a-vis population
Extent of cost
Plan Implementation
A. Organizational Structure:
Administrative requirements.
Specialization for efficiency consideration.
Public information system.
Monitoring process.
Flexibility of procedures.
Project data/information collection
D. Evaluation:
Policy of Disclosure
They shall establish information systems that will inform the public
the following:
(a) Policies, rules, and procedures;
(b) Work programs, projects, and performance targets;
(c) Performance reports; and
(d) All other documents as may hereafter be classified as public
information
Working Hours :
(1) Elective Officials (Exempted); (2) Keeping Time Record: (3) Regular
and Special Holidays: (a. Regular Holiday; b. Nationwide Special Day; c
Local Special Days; d. Pretermission of Holiday)
Public Accountability
Public Accountability is the accountability of public officers and
employees to the people. This means that public officers who are invested
with public trust exercise their powers and functions as servant of the
people, and they are held responsible to the people, through their immediate
superiors, for their acts and omissions during the performance of their
functions (Agabin and Agno, 1992)
Forms of Accountability
1 .Financial Accountability – Stems from the philosophy that public officers
are mere custodians or stewards of the funds that accrue to the
government.
Under this aspect, it is not only a question of whether the results are
beneficial to society or not. Rather, is it tailored to the specific needs of the
people ? - should be the proper query. For there are programs designed on
the assumption of needs, yet are not actually called for, hence of no priority
value.
“For me is my work and for you is your work, you are not responsible
for what I do and I am not responsible for what you do.” (Yunus, 10: 41)
“
Help ye one another who are in righteousness and pious deity. Help not one
another unto sin and transgression but keep your duty to Allah. Lo! Allah is
severe in punishment” (Quran V:2_
“ It is part of the mercy of Allah that you deal gently with them. Where
you serve or harsh-hearted, they should have broken away about you: So
pass over (their faults ) and ask for (Allah’s) forgiveness for them and consult
them in affairs (of the moment). Then when you have taken a decision, put
your trust to Allah. For Allah loves those who put their trust on Him.” (Surah
Al-Imran 3:59)
Part VIII
THE FINANCIAL SYSTEM AND FISCAL ADMINISTRATION
Public Finance
More and more people are accepting the fact that development
strategies which have worked for industrialized countries may not
necessarily be applicable once transplanted to LDC’s. Theories, strategies,
and techniques have to be tailored to the specific conditions of particular
LDC’s. the Development Decades which produced innumerable studies on
the development process have totally changed earlier outlooks on
development.
The “lost” decade of the eighties (80’’s) was characterized by the global
debt crisis and massive environmental degradation. In the process, concepts
of development have been profoundly changed. Thus, the decade of the 80’s
saw the emergence of the concept of sustainable development. Increasing
concerns about the state of environmental destruction, the lingering debt
crisis and the escalation of poverty in both rich and poor countries impelled
scholars and distinguished national and international leaders to rethink
concepts of development and search for new approaches to global and
national problems. (Briones & Baulita) vi
In the words of Jon Pronk and Mahbubul Haq (1991:1), “The call for
sustainable development is not simply a call for environmental protection.
Instead, it implies a new concept of economic growth – one that provides
fairness and opportunity for all the world’s people, not just the privileged few,
without further destroying the world’s finite natural resources and carrying
capacity.
The call is to desist from revenue sources which will deplete and
destroy the environment and to give priority to expenditures for the healing
and nurturing of the environment, as well as to the needs of the people,
without compromising the requirements of future generations. Thus,
developing countries are discouraged from wantonly destroying their forests,
mineral and aquatic resources in order to raise revenue. The link between
environmental degradation, debt and poverty are now increasingly
recognized. The call is to give priority to people and nature over and above
the payment of unjust debts, especially those tainted with fraud.
The Earth Summit in Rio (de Janeiro) did not cover agreements on the
environment alone, moreover fiscal issues were vigorously debated. A debt
treaty was proposed, calling for substantial reduction of the debt of
developing countries in order to free resources for sustainable development.
Its logic requires a major shift to priorities in expenditure for the
environment and for social development. Such priorities are not necessarily
reflected in current fiscal policy where the largest single item of expenditure
is for debt servicing. (Briones & Baulita) vii
The IMF and the World Bank are decidedly the two most powerful
shapers of fiscal policy in developing countries. The pervasive involvement of
the IMF in Philippine fiscal policy has resulted in more than twenty (2)
stabilization programs for the Philippines with another one in the works,
especially designed for the (new) administration.
With the onset of the 80’s and 90’s, criticism against hese two
heretofore venerable and untouchable institutions escalated. This time, the
loudest demands emanated from the international NGO fora which criticized
in great detail and precision the manifold sins and shortcomings of these
two institutions. In the UN system, the most persistent calls for reform
emanate from such credible institutions such as the UNDP, the UNICEF,
the UNESCO, the UNCTAD, and the UNCHR.
The clamor for reforms within the IMF and the World Bank could
mean redirection of expenditure priorities, channeling of unproductive
expenditures to sustainable human development and substantial action on
the pervasive debt burden. (Briones & Baulita) ix
In the Philippines, the clamor for public discussion of the debt issue
has been taken up by the legislature which has taken the cue from
organizations like the Freedom from Debt Coalition. In other countries,
religious organizations, as well as sectoral groups are taking a stance on
fiscal policy. No less than His Holiness, the Pope, has joined the fray and
issued several encyclicals on the matter. (Briones & Baulita) x
However, it seems that Philippine fiscal policy has not yet entered the
nest decade of the new millennium. It is still entangled in the practices of
the seventies (70’s). The clarion call, led no less by the United Nations
agencies, is for the reordering of priorities in the allocation of government
resources, particularly finance. Unfortunately, up until now, Philippine
fiscal policy is only part of an overall framework of stabilization programs.
The priorities of stabilization programs are the same everywhere: full
payment of the debt burden, regardless of whether loans are actually
benefited the people or not, and drastic reduction in levels of government
expenditure. In other words, a regime of austerity for those who are already
poor.
The public debt includes the following: the direct borrowings of the
national government, whether domestic or external; The debts of all local
governments and government agencies which are controlled by political
bodies; and the debts of government corporations whether domestic or
foreign which are guaranteed by the national government.
Thus, it is clear that the public debt can be a direct liability of the
government or only a “contingent” liability. A direct liability is a direct
borrowing. A contingent liability is a guarantee to stand by the indebtedness
of another borrower, such as when the government guarantees the debt of
the National Power Corporation or of the Development Bank of the
Philippines. Another distinction is that of an internal debt which is one that
is owed to a country’s residents. An external debt is a foreign debt. (Sicat) xi
(1) Poverty
With low capital formation and investments, there are not enough
economic activities to provide jobs for the growing labor force. Because of
unemployment, the labor force is less productive. With the low level of
productivity, the level of income is low. These interrelated problems which
from a vicious cycle require an expenditure policy for capital formation that
takes into account the labor and income factors.
Domestic Problems:
1. Environment
Categories of Environment
Optimum
Allocation
Of
Resources
Perfect Market
Competition Imperfections
Inequality
2. Economic Development
Increased government spending is also a means of providing
employment to the people. Jobs are created not only by those generated by
government projects, but also by those sectors providing goods and services
to the government. Allocation of funds would be given priority to economic
services lime expanded infrastructure programs, investment and other
outlays for capital formation.
3. Stability
An Analysis
Debt Servicing
1. As To System:
The unit head defends the budget, explains its contribution to the
realization of agency goals, develops a cost projection for each program and
submits this to top management which review the program and decides on
the final budget allocation.(Tendero, 1993)
In the ZBB type, the agency justifies the entire appropriation request for the
fiscal year as if the programs are entirely new, instead of justifying only the
increase requested above the previous year’s appropriations. Thus, the
agency is obligated to defend all programs every year and rank these in
terms of priority using the ratio between cost and benefit criterion. This
provides top management to re-evaluate the need for on-going programs,
compare these with the proposed and the prioritized for implementation.
(Tendero, 1993)
2. As To Approach:
3. As To Governmental System
Budget Concepts
2. The preparation of the budget within the context of the total resources of
the government, including revenues and receipts, expenditures and
borrowings of national and local government units, including government-
owned and controlled corporations;
Budget Control
1. Tax Revenue - includes income tax, profit tax, property tax, tax on
domestic goods and services, tax on international trade and transactions.
Sales, tax, value added tax (VAT), selective excises on goods, selective
taxes on services, licenses and permits are examples of tax on domestic
goods and services.
BUDGET
PREPARATION
END
Of
PROGRA
LEGISLATIVE M
Yes AUTHORIZATION
BUDGET
No Approve a ACCOUNTABILITY
d
No
BUDGET
EXECUTION
VETO
Yes
Yes
a
Budget Process Flow Chart
Government Accounting
1. National Government
Journals:
a. Cash Receipts Journal (CRJ)
b. Cash Disbursement Journal (CDJ)
c. Check disbursement Journal (CkDJ)
d. General Journal (GJ)
e. Cash Journal (CJ)
Ledgers:
1. General Ledger (GL)
2. Subsidiary Ledger (SL) for
3. Cash
4. Receivables
5. Inventories
6. Investments
7. Property, Plant and Equipment
8. Construction in Progress
9. Liabilities
10. Income
11. Expense
2. Local Government
a. Provincial/City Treasurer’s Journal of Collection and
Deposits
b. Municipal Treasurer’s Journal of Collection and Deposits
c. Treasurer’s Journal of Cash disbursement
d. Treasurer’s Journal of Check Issued
e. Treasurer’s Journal of Bill Rendered
3. Government Corporations
a. Sales Register
b. Cash Receipt Book/Register
c. Cash disbursement/Register
d. Check Register
All these sectors however use the journal voucher for recording in
the General Journal transactions which are non-recurring as well as the
adjusting and closing entry.
.
General Principle
Part IX
VALUES AND ETHICS IN THE PUBLIC SERVICE
The citizen’s demands for better public service has enlarged the
responsibility of public officials. In assuming public responsibilities, they
are mainly governed by the values and ethics of public administration
and by their individual morality. Added to this is their perception of the
social reality that surrounds them.(Leveriza, 1990)
Values and ethics are essentially personalistic, but they also guide
and influence human behavior in organizations. Hence, they are
expected to be interrelated with each other, not conflicting. The
responsibility of the public official is clearly defined in his job
description. He encounters certain difficulties in making certain moral
choices applicable to his situation. He must consider the context of the
social milieu in making his decisions. Thus personal values may come to
grips with public ethics.
Values and Public Service
(1) Coverage: These rules shall cover all officials and employees, viz.,:
Salient Features/Characteristics
Rule VIII - Refers to the authority and jurisdiction on the review and
compliance procedures on official statements duly accomplished.
Justice - It means “fairness and equity”. However, the dictionary defines its
as “righteousness; quality of conforming to law; principle or ideal of just
dealing; right action”
Loyalty - Of all the mandated public service values, loyalty is the most
misconstrued, thereby leading to improper behavior and conduct in
government. To be precise, the term means fidelity, faith, or the tied that
binds a person to an idea or someone. In public service, the object of loyalty
is, and must be, the idea, organization, or institution and not and never be
the person. What the constitution contemplates is loyalty to those
institutions which is the government and to all the ideals it stands for. In
this sense, fidelity is “to the office and not to the official; to the authority of
the person, and not to the person in authority; to the service and not to the
public servant.”
Bibliography
Readings:
Patricia A. Sto. Tomas: Building A Better Bureucracy; 1989
Jose N. Endriga: Stability, Issues and Problems in Development; 1990
Patricia A. Sto. Tomas: Civil Service Reforms in the Philippines; 1991
The Civil Service Law and Rules; 1994
Corazon Alma G. De Leon: Reinventing the Philippine Bureaucracy Toward The Year
2000And Beyond; 1996
Book of Readings; Vol III: Proserpina Doming-Tapales/Alex Brillantes, Jr.; Center for
Local and Regional Governance, U.P. 2002
Book of Readings, Vol III - Concepts and Practices In Decentralization); U.P., 2002
References
Executive Order No. 292: Implementing Book V: Administrative Code of 1987
Handbook of Information on The Philippine Civil Service; 1976
Classics of Public Administration, J.M. Shafritz & Albert C. Hyde, 4 th Ed., 1997
Nature and Dimension of Public Service: Abdul S. Aguam; Development Administration
Journal; Vol. II, 1-2, MSU, 1982
The Nature And State of Local Government: Proserpina D. Tapales;
Introduction To Public Administration In The Philippines - A Reader; Victoria A.
Bautista, et al., 2nd Ed., U.P.; 2003
Decentralization: A Concept And As A Local Development Strategy
Decentralization, Local Government Institutions and Resource Mobilization; Raul P. de
Guzman & Perfecto L. Padilla; 1985
Devolution and Empowerment - The Local Government Code of 1991 and Local
Autonomy in The Philippines: Proserpina Domingo-Tapales
Decentralization, Participatory Development and The Role of NGO’s: Leonor M. Briones
Decentralization and Development Administration In A Unitary State: Empowerment
and Development of Whom – Rizal Buendia
Decentralized Government-From Hierarchy to Participation and Teamwork: Ronald Contino
Local Government Assistance Program - Associates in Rural Development Project Paper,
1994
Decentralization and Good Urban Governance: Alex B. Brillantes, Jr., et al ; (Papers
and Proceedings: 3rd International Conference on Decentralization; U.P. 2004)
Local Government In The Philippines: Concepts and Practices In Decentralization- Edna E.A. Co;
Local Government in The Philippines: Decentralized Democratic Governance Under The
Local Government Code-
A Governmental Perspective: Alex B. Brillantes, Jr.; (Local Government in The Philippines):
Decentralization - Power To The People, or To The Local Elite?: Cynthia G. Paralejas;
Participatory Governance - The Philippine Experience: Proserpina Domingo-Tapales;
Public Administration in The Philippines: Victoria A. Bautista
Public Accountability of Local Officials and Employees: P. F. Jardiniano
Leonor Magtolis-Briones: Philippine Public Fiscal Administration;
Michael P. Todaro: Economic Development, 7th Ed. 2001
Philippine Fiscal Policy: Living in The Past: Briones & Arlene B. Baulita; (Pub. Adm. By 2000,
1995,
The Philippine Constitution (1987)
Local Government Code 1991
Decentralization Towards Democratization: Raul P. De Guzman and Mila Reforma,
R.A. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees)
Pacifico A. Agabin and Lydia N. Agno, Public Accountability, Institute of Government and
Law Reform, UP Law Center, 1992
J. M. Juran, Bureaucracy, a Challenge to Better Management (New York, 1944), p. 75.
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