ANTI-CORRUPTION MEASURES / STRATEGIES

Madelyn F. Manucduc

CORRUPTION

Is the violation of norms of duty and responsibility for personal gain. This includes embezzlement, where public funds are used for one’s own benefit; nepotism, where friends, relatives and associates are appointed to public office on the basis of the personal relationship rather than merit.

CORRUPTION

• Corruption has been defined as the “use of public office for private gain.”It is derived from the Latin “cor” plus “rumpere” which translates as complete breakdown. It is a breakdown of a presumed relation between a principal and an agent.

• The preamble of the Constitution of the Philippines states our twin goals as a sovereign people in promulgating the Constitution, namely, to build a just and humane society and to establish a government that serves very high purposes like promoting the common good, conserving and developing our patrimony and securing the blessing of independence and democracy. It is in accordance with this concept of government that we define public office.

Public office is a public trust. Public officers and employees are required to be at all times accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

STRUCTURES

The constitutions mandated to create the four (4) independent constitutional bodies and a special anti-graft corruption.Civil Service Commission Commission on ElectionsCommission on Audit Office of the Ombudsman Sandiganbayan

CIVIL SERVICE COMMISSION

• is the central personnel agency of the Government. It is mandated in the Constitution to establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service.

• It is also mandated to strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability.

COMMISSION ON ELECTIONS

Is mandated among others, the power to enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. They also exercise either exclusive original or appellate jurisdiction over all contests relating to the elections, returns, and qualifications of officials.

COMMISSION ON ELECTIONS

They also decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters

THE COMMISSION ON AUDIT

Has the power, authority and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the government.

THE COMMISSION ON AUDIT

• It has exclusive authority, subject to the limitations, to define the scope of its audit and examination, establish the techniques and methods required there for, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, inexpensive, extravagant, or unconscionable expenditures, or uses of government funds and properties.

OFFICE OF THE OMBUDSMAN

Known as the Tanodbayan, and his deputies, are described in the Constitution as the “protectors of the people”. They are mandated to “act promptly on complaints filed in any form or manner against public officials or employee of the government and shall, in appropriate cases, notify the complainants of the actions taken and the result.

OFFICE OF THE OMBUDSMAN

• Has the power to investigate on its own or on complaint by any person, any act or omission on any public official, employee, office or agency, when such actor omission appears to be illegal, unjust, improper, or inefficient.

OFFICE OF THE OMBUDSMAN

The Ombudsman may also direct them to perform and expedite any act or duty required by law, or to stop, prevent and correct any abuse or impropriety in the performance of duties, to take appropriate action against a public official or employee at fault as well as recommend his removal, suspension, demotion, fine, censure, or prosecution, and to furnish the Ombudsman with documents relating to contracts and transactions.

The special anti-graft court is known as the Sandiganbayan which is a compound of two Filipino words meaning “something to lean on” and “nation”.

SANDIGANBAYAN 

• Is a special anti-graft court of the same level as the Court of Appeals and which possesses all the inherent powers of a court of justice. Its jurisdiction include violations of Republic Act No. 3019, as amended, otherwise known as the Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are among the officials enumerated.

The four (4) Constitutional bodies perform key functions in the fight against corruption.

They are independent in the sense that they were created pursuant to a Constitutional mandate.

Their officers have fixed terms, their decisions are not subject to any executive review, and they enjoy fiscal autonomy and their annual appropriations as approved by Congress could not be with held.

The Sandiganbayan as a special anti-graft court is part of the Judiciary and enjoys the independence given to the courts.

STRATEGIES TO ADDRESS CORRUPTION

The anti-corruption strategies of the Philippines are more and more pointing towards the three-pronged strategy of; EnforcementPreventionEducation

It conducted a high-level Presidential Anti-Corruption Workshop where twenty two (22) action points (do ables) in the areas of;DeterrencePreventionEducation Strategic partnerships.

The Commission continues to monitor the implementation of these.

The Commission conducted a strategic workshop and adopted an official vision and mission statement.Vision: “a graft and corruption-free

Philippines characterized by transparency and accountability in governance, honesty and integrity in the bureaucracy in a corruption-intolerant society”

Mission : “to be the President’s arm in eradicating graft and corruption through effective deterrence, prevention, education in partnership with all stakeholders.”

CORE VALUES The Commission upholds the good

citizenship values enshrined in the Constitution of the Philippines.

Includes; Unity Faith in the Almighty God Patriotism Work Respect for life Concern for the family Future generations

CORE VALUES

Includes;Concern for the environment Promotion of the common good, Respect for the law and government Truth Justice freedom Love Equality Peace and order.

The Commission’s main goal for investigation is to make graft and corruption a high-risk, low-reward activity, for prevention, to minimize opportunities of corruption, and for education to promote a corruption intolerant society.

For investigation – targets a hundred percent (100%) approval sanctions recommended to the Office of the President, hundred percent (100%) filing of criminal among others.

For prevention – the forfeiture of assets based on lifestyle checks and in the number of agencies implementing agency specific anti-corruption programs.

For education – it targets an increase in the perception ratings of the efforts to fight corruption and in the number of agencies with agency-specific codes of conduct.

To achieve its investigation targets, the Commission was recognized in order to increase the number technical personnel.

To enhance its effectiveness, the Commission is now pursuing the amendment of E.O. No. 12 expand its jurisdiction to include E.O. No.292 otherwise known as the Administrative Code of the Philippines, and to obtain greater powers in requiring the assistance of government agencies, officials and employees in the performance of its mandate.

To attain its prevention targets, the Commission sought the help of the World Bank and was awarded a grant to promote the establishment and operationalization of Internal Audit Units in government agencies.

The Commission is also promoting the conduct in various agencies of the Integrity Development Review, a self-assessment tool meant to assess the corruption vulnerabilities of agencies, and has identified key agencies which will be prioritized.

To achieve its education targets, the Commission participates in the promotion of the good citizenship values and for the adoption of agency-specific codes of conduct. These should make the Commission a more efficient investigative arm of the President in the fight against corruption.

Philippines seem to have everything in the fight against corruption. We have good laws, strong anti-corruption bodies, among others but enforcement is clearly lacking.