Philippine Experience on the - OECD · Article 5, par. 1‐2 Preventive Anti‐Corruption Policies...
Transcript of Philippine Experience on the - OECD · Article 5, par. 1‐2 Preventive Anti‐Corruption Policies...
Philippine Experience on the UNCAC
Ma. Merceditas N. GutierrezOmbudsman, Republic of the Philippines
Presented during the ADB‐OECD 14th Steering Group Meeting and Regional Seminar on Political Economy of Corruption
10 Sept. 2009
Self-AssessmentInitiatives
Focus Group Discussions
FGD on Criminalization
Nov. 4‐5, 2008
FGD on International Cooperation Nov. 6‐7, 2008
FGD on Asset Recovery
Nov. 11‐12, 2008
FGD on Prevention Nov. 13‐14, 2008
FGD on Technical Assistance
Nov. 25‐26, 2008
Highlights of Self-Assessment
Prevention Article 5, par. 1‐2Preventive Anti‐Corruption Policies & Practices•1987 Philippine Constitution•1989 Ombudsman Act
•Republic Act 6713 or the “Code of Conduct and Ethical Standards for Public Officials and Employees”
•Government Procurement Reform Act
•Anti‐Red Tape Act of 2007•Public Service Delivery Audit•Risk‐based Financial Audit•National Guidelines on Internal Control System
House of Representatives Committees•People’s Participation•Good Government and Public Accountability
•Government Reorganization
PreventionArticle 5, par. 3
Periodic review of relevant legal instruments and administrative
measures
Senate Committees • Civil Service and Government Reorganization
• Accountability of Public Officers and Investigations
Membership in various international organizations geared towards improving performance and preventing corruption in the public sector
PreventionArticle 5, par. 4
Collaboration with international
and regional organizations
Article 15. Bribery of National Public Officials
• Art. 210‐212 (Rev. Penal Code)
• Sec. 3, R.A. 3019
(Anti‐Graft & Corrupt Practices Act)
• Sec. 7, R.A. 6713
(Code of Conduct & Ethical Standards)
• Republic Act No. 9485 (Anti‐Red Tape Act)
Article 17. Embezzlement, Misappropriation,
or Other Diversion of Property by a Public Official
• R.A. 7080 (An Act Defining & Penalizing the Crime of Plunder)
• Art. 217‐220, Revised Penal Code
• Sec. 3, R.A. 3019 (Anti‐Graft & Corrupt Practices Act)
Criminalization
Article 25. Obstruction of Justice
• P.D. 1829 (Penalizing Obstruction of, Apprehension & Prosecution of Criminal Offenders)
• Sec. 36, R.A. 6770 (The Ombudsman Act of 1989)
Criminalization
CONVICTION RATE
Article 46, par. 9. Mutual Legal Assistance• Bilateral mutual legal assistance treaties (w/ 7 countries)
• Regional MLA Treaty • Multilateral conventions
Article 46, par. 13. MLA Central Authority• Department of Justice ‐ w/ treaty• Office of the Ombudsman ‐ w/o treaty
International Cooperation
Prevention & Detection• R.A. 9160, as amended (AMLA)• various circulars of the BSP and AMLC
Taking Action Based on Foreign Confiscation Orders
• Sec. 13, R.A. 9160, as amended (AMLA)
Returning Property to Requesting States• Sec. 13, R.A. 9160, as amended (AMLA)
Asset Recovery
Medium-Term Planning
Subic International Hotel Feb. 25‐27, 2009
TWC Planning
MMLDC, Antipolo CityMarch 17‐19, 2009
Roadmapfor 2009-2011
Prevention (Articles 5-14)OMBUDSMAN
Integrity Development ReviewAnti‐corruption researchesReview of gifts policy under
R.A. 6713
BAC Observer Feedback Handling
Capacity‐building thru Center for Asian Integrity
Electronic National Government Accounting System
Philippine Government Accounting Standards
COMMISSION ON AUDIT
Selective pre‐audit and comprehensive auditRisk‐based audit approach
Prevention (Articles 5-14)
CIVIL SERVICE COMMISSION
Performance Management
System; Service/Citizen’s Charter; Rules on Transparency & Disclosure;
Statement of Assets and Liabilities;
Values Formation
OTHER EXECUTIVE AGENCIES
OFFICE OF THE PRESIDENT
Harmonization of IRR of Government
Procurement Reform Act
Cascading of Guidelines on Internal Control
SystemsTripartite Code of Conduct on Public
Procurement
Streamlined processes;Improved
Frontline Service; Customized
Codes of Conduct
Prevention (Articles 5-14)Evelio B. Javier Foundation, Inc.
Strengthening of local mechanisms for effective CSO participation in public procurement
Council for Restoration of Filipino Values
Moral recovery program and Monitoring of public bidding
Philippine Association of Professional Regulatory Boards
Complaint Desk/Hotline
PLDT Promotion of business sector ethical conduct
UP‐NCPAG Publication of anticorruption modules
International Cooperation (Art. 43-50)
Department of Justice
Amendment of P.D. 1069 (Extradition Law)
Domestic legislation on MLA in criminal matters
Forging more extradition treaties and mutual legal assistance treaties (MLATs)
Activities to increase awareness among judges on importance of international
legal cooperation
Asset Recovery (Art. 51-59)
•Amendment of R.A. 9160 and enhancement of cooperation with foreign and domestic law enforcement agencies and financial investigating units (FIUs)
•Issuances on measures to prevent and detect transfers of proceeds of corruption
Philippine Summit on the UNCAC
Technical Assistance NeedsTools and methodologies to measure efficacy of legal measures; model legislative/administrative measure on corrective action for failure to install internal control system and failure to observe risk management (Prevention)
Legislative drafting, legal advice and provision for model legislation to criminalize active and passive bribery of foreign public officials and officials of public international organizations(Criminalization)
Technical Assistance Needs Assistance on legislative drafting, model legislation and expert advice concerning measures for direct recovery of property, mechanisms for recovery of property through international cooperation in confiscation and return and disposal of assets (Asset recovery);
Expert advice on international best practices on extradition and mutual legal assistance; toward this end, we will also be needing assistance on legislative drafting and model legislation with the objective of amending our domestic extradition law (International cooperation)
Thank you for your attention!