anti corruption manual 2007
DESCRIPTION
ANTI CORRUPTIONTRANSCRIPT
1
2
Section 1 – PNP Anti-Corruption Plan
Considering the magnitude and complexity of corruption problem, a holistic approach to eliminate this menace is a must. For its part, the PNP hierarchy has been exhausting all efforts to solve the problem of corruption that pave the way for the formulation of the PNP Anti Corruption Plan – annex “A”. The PNP Anti-Corruption Plan, formulated through a collective effort of the various offices, units, and stations of the PNP during the PNP Anti-Corruption Workshop in Tagaytay City on January 19 - 20, 2005, was presented to Her Excellency President Gloria Macapagal-Arroyo during the 14th PNP Anniversary celebration on January 31, 2005, and copies were subsequently distributed to all PNP units. Contained in the plan are the PNP identified corrupt practices and the corresponding counter-measures to address these corrupt practices.
The birth of the PNP Anti Corruption Plan is a milestone in the history of the Organization being the first of its kind that offers a comprehensive strategy to end the seemingly perpetual corruption problem in the PNP. However, the Plan per se constitutes only a marginal fraction to the solution. How to implement it makes up the remaining fraction, a colossal one where the challenge really lies because normally in any organization, reforms are greeted with indifference or dissent from some of the members who are apprehensive their personal interest will be affected/impaired by the program. To succeed therefore, the cooperation and commitment of every PNP personnel is necessary, setting aside personal motives in lieu of the objectives of the Plan. For without such cooperation and commitment, the Anti – Corruption Plan, although excellent in paper, cannot go the distance.
Sometimes the reason why people commit corruption is because of several flaws of the Organizational system. Because of these flaws, even good people are tempted to manipulate things for personal gains knowing the probability of being caught is very remote. To minimize if not eliminate corruption therefore, all flaws of the system must be fixed. And this is exactly the PNP has been doing as another approach to curb corruption within the Organization. Since the implementation of the PNP Anti-Corruption Plan, efforts are exerted to plug all identified loopholes in the work processes in the Organization. Most notable is the promotion of transparency in all kinds of transaction in the PNP like: recruitment, placement, and promotion of personnel; procurement of supplies through bidding; and the like.
The foregoing implies corruption is committed because of two (2) reasons: human desire and system error. To address corruption therefore, these two(2) factors must be eliminated and this is what the PNP Anti-Corruption Plan has been trying to do. Since the launching of the program, the PNP has already achieved significant gains, both on the human and system factors, based on the latest report from the different PNP Offices/Units. But much remains to be done as public expectation is so enormous that the PNP cannot afford to rest lest it cannot catch up with time. Fortunately for now, as the way events are unfolding, the implementation of the PNP anti-corruption innovations are still at the right track. For how long the PNP could stay abreast with the time as against public expectation is the matter only the PNP members could decide.
3
Section 1a - Task Force Anti-Kotong
To enhance the implementation of the PNP Anti-Corruption Plan, LOI 05/05 Task Force Anti-”Kotong” – annex “B” – was issued on January 18, 2005 to check PNP personnel engaged in extortion activities including those locally referred as “kotong”, “hulidap”, and other forms of illegal activities.
The implementation of this LOI carries with it the application of the Doctrine of Command Responsibility that makes commanders accountable for what his office does or fails to do. In the workplace, PNP commanders must be wary of bribery or “lagay” especially in the conduct of investigation that allows suspects to get off the hook or initiating trumped-up charges to compel the respondent to shell out money or by materials of value. This includes deliberate delay or refusal to serve arrest warrants for monetary consideration. In the street or outside the workplace, the most common is “lagay” committed along checkpoints victimizing “viajeros” either to facilitate passage or to spare their truck from getting inspected. Similar illegal act happens during traffic enforcement: cash for non-issuance of citation ticket, and the like. The worse is “hulidap” where law enforcers “arrest” an innocent target, plant incriminating evidence, and forced to “buy” his liberty or face the humiliation of getting hauled to the police station, booked, and jailed. They also prey on PNP personnel who seek reassignment or promotion. These forms of “Kotong” activities by some PNP personnel totally crumble the credibility of the PNP organization if not quickly and seriously addressed. The support of the NGOs and the community in general is vital in achieving the end goal of LOI Anti - Kotong as the complaints and information can be obtained through coordination and consultation with them. Media involvement is also necessary in promoting this LOI and in encouraging the public to relay information relative to “kotong” activities to the authorities.
4
.
Section 1b - Honesty Teams The litany of corruption charges, brought about by the unauthorized
activities of the “bad eggs” in the PNP, who actually comprise a miniscule segment of the force is plodding the PNP’s overall effort towards the attainment of its mission and vision. So to salvage the Organization from further denigration, the C,PNP has committed himself to strictly institute internal reforms in the PNP which includes the weeding out of erring personnel engaged in corruption activities. One strategy to eliminate corruption is to make it low reward and high risk activity. Although the PNP leadership could hardly control the reward corruption can yield, at least it can make corruption a high risk one. In this context, the C, PNP has declared to “crack the whip” on all erring personnel who will not “toe the line” in the command policy of internal reform, and offered “no mercy” to police personnel involved in criminal activity and irregularities.
To ensure that this national police flagship program will be realized, the C,PNP has activated the HONESTY TEAMS in the Regional, Provincial, and City levels that will conduct the operations against erring PNP personnel engaged in extortion or “kotong”, “hulidap”, mulcting, bribery, and other forms of illegal activities pursuant to the Letter of Instruction (LOI) 44/06 “HONESTY TEAMS” issued on August 28, 2006. The HONESTY TEAMS headed by the Deputy Regional Directors for Operations in the 17 PROs shall absorb all duties and functions of the TF Anti-Kotong.
The HONESTY TEAMS are tasked to closely monitor the activities and behavior of police personnel that are assigned to highly-visible posts such as in traffic law enforcement, checkpoints, patrol operations, and regulatory offices that issue clearances and licenses to the public. The HONESTY TEAMS shall likewise insure that “viajeros” or merchants transporting market goods, essential commodities, and commercial products will not fall victims to “kotong” which usually add-up to the cost of products in the market.
Parallel with the conduct of operations against PNP personnel involved in illicit activities, an active and consistent education and information dissemination campaign shall be initiated in all PROs, prioritizing those police units/offices and areas of deployment that have been identified to be vulnerable to commission of misdemeanors, with particular focus on already known target personalities. The education campaign shall concentrate in inculcating the core values of the PNP organization in order to avoid the occurrence or commission of illegal acts.
Values Formation seminar shall also be conducted to strengthen the personnel’s moral suasion for the service over money or things. This is one of the solutions to control the seemingly growing number of personnel who are becoming money oriented at the expense of the police service. Worse, some are even shunning or refusing an assignment if it does not fit to their unpopular inclination. Nevertheless, the Values Formation Program shall aim to motivate personnel to effectively perform for the sake of public service sans the monetary considerations in mind.
5
.
Since the implementation of the LOI Honesty Teams, a total of thirty five (35) PNP personnel were criminally and administratively charged for corruption offenses: 5 PCOs, and 30 PNCOS
The PNP TEXT 2920, PNP hotline 722-0650 (Complaints and Referral Action Center), walk-in complaints, counter intelligence activities, and dialogue with concerned sectors, i.e., transport, traders, etc. shall serve as feedback mechanisms to reinforce the efforts of the PNP in attuning anti-corruption strategies.
Sec. 27, Art II, R.A. No. 9165 “Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the
Unlawful Act Committed”
Sec. 28, Art II, R.A. No. 9165 “Criminal Liability of Government Officials and Employees”
Sec. 29, Art. II, R.A. No. 9165 “Criminal Liability for Planting of Evidence” Sec. 72, Art II, RA. No. 9165 “Liability of a Person Who Violates the Confidentiality of Records” Art 210, RPC “Direct Bribery” Art 211, RPC “Indirect Bribery” Art 211-A, RPC “Qualified Bribery” RA 7080 “An Act Defining and Penalizing the Crime of Plunder” Secs. 3 (e), (f), (g), RA 3019 “Anti-graft And Corrupt Practices Act” RA 1379 “An Act Declaring Forfeiture in favor of the State any Property found to have been unlawfully acquired by any Public Officer or Employee and providing for the proceedings therefor” Art 217, RPC “Malversation of Public Funds or Property – Presumption of malversation” Art 220, RPC “Illegal Use of Public Funds or Property” PD 46 – “Absolute Prohibition” PD 749 – “Immunity to informant”
To guide the units during the conduct of investigation on corruption charges, the following are the related laws that can be applied:
Section 2 – Applicable Laws on Corruption
6
7
Section 1 - Integrity Development Action Plan
The PNP is participating in the Integrity Development Action Plan (IDAP) initiated by Presidential Anti – Graft Commission (PAGC) with the assistance of the US Agency for International Development (USAID). This project is a tool that will aid the concerned government agencies in assessing and monitoring the progress of two (2) of the Project Plans – Code of Conduct Project and Agency Corrupt Practice Counter Measures Plan.
One of the projects under the IDAP, is the implementation of the following 22 doables identified by PAGC in four (4) areas, namely: Prevention, Education, Deterrence, and Partnership: Prevention
IDAP MEASURE
1 Strengthen internal control through institutionalization of Internal Audit Unit
2 Conduct of Integrity Development Review
3 Fast track e-NGAS and e-bidding for the procurement of goods and services
4 Incorporate integrity check in recruitment and promotion of government personnel
5 Institutionalize multi-stake holder personnel and organization performance evaluation system
6 Protect the meager income of government employees
7 Adopt single ID system for government officials and employees
IDAP MEASURE
1 Disseminate compendium of anti-corruption laws, rules and regulations
2 Prepare agency specific code of ethical standards/agency guidelines for adoption
3 Provide ethics training, spiritual formation, moral recovery programs for agencies and stakeholders
4 Mandate integration of anti-corruption in elementary/secondary education modules
Education
8
.
DETERRENCE
IDAP MEASURE
1Develop agency internal complaint unit (including protection of internal whistleblower)
2Set-up/strengthen agency internal affairs Unit (cooperate with PAGC & OMB in the pro-active conduct of lifestyle check)
3Publish blacklisted offenders and maintain on-line central database for public access
4 Hold superior officers accountable for corrupt activities of subordinates
5 Advocate for the submission of ITR as attachment to the SALN
6Use effectively existing agency administrative disciplinary machinery and publish results
7PAGC to carry out independent survey to check anti-graft and corruption effectiveness
PARTNERSHIP
IDAP MEASURE
1Linking of existing databases of complementary agencies and sharing of information
2Enlist or enhance participation of private sector and civil society in various areas of governance
3 Tap international development agencies and private sectors for support
4 Institutionalize the participation of stakeholders in agency activities
All participating agencies in the IDAP are regularly submitting monthly progress report to evaluate the ratings of the agencies concerned on the implementation of policies and guidelines on anti-corruption campaign in accordance to IDAP measures. As a result, the PAGC has awarded the PNP a certificate of recognition for ranking 9th place among 70 agencies in terms of compliance to the requirements of the IDAP for the 1st Semester of 2006.
9
On July 20, 2006, the PNP participated in the workshop convened by PAGC in Diliman, Quezon City. The objective of the workshop is to formulate anti-corruption projects that can be implemented within two (2) years. In the said workshop, the PNP came up with two (2) proposals submitted to PAGC for funding: The PNP Text Anti-Kotong Project of the Directorate for Operations and the PNP Procurement Monitoring Information System (PPMIS) of the Directorate for Logistics.
PNP Text Anti-Kotong Project The PNP Text Anti-Kotong Project aims to reverse the downtrend public perception towards the PNP. This can be achieved through the collaboration of NGOs, Media, LGUs, Business Sectors, and other Government Agencies.
The basic concept of the project is to elicit public support to rally behind the PNP in the fight against corruption or kotong. A special cellphone number is designated to receive feedback from the public. This can be realized through the development of a dedicated information system for PNP Text Anti-Kotong. The PNP Text Anti-Kotong special number will be manned 24/7 to process text messages in real time. Operating teams who will conduct case-build-up and entrapment operations are organized in every Police Regional Offices and NCR District Offices. These operating teams are on stand by 24/7 for prompt response to kotong complaints. Cases filed against arrested suspects shall be properly monitored until final verdicts are reached.
All text messages received shall be stored in a data base with the corresponding results of action taken. Text senders will be informed as to the results accordingly.
To spice up the project, an advocacy plan shall be developed to enhance public awareness of the PNP Text Anti-Kotong Project. The advocacy plan shall include, but not limited to, barangay/school tours, TV and radio programs, symposia/meetings, billboards, posters, and stickers.
10
Objectives of PNP Text Anti-Kotong Project : 1. To improve public’s perception on the PNP and enhance public’s confidence in its systems, e.g. 5 percentage point improvement in the net approval rating of PNP after two (2) years;
2. To enhance public awareness and increase public reporting on corruption activities perpetrated by government officials/employees, and accordingly become a high-risk activity; and
3. To enhance public cooperation and stakeholder partnerships.
The Project has four (4) Components: 1. Development of an Advocacy Program for the PNP Text
Anti-Kotong;
2. Development of a dedicated Information System for the PNP Text Anti-Kotong.
3. Capability building for PNP Personnel who will handle complaints.
4. Partnership with the other Pillars of the Criminal Justice System and Other Stakeholders.
11
PNP Procurement Monitoring Information System (PPMIS)
The government’s fight against graft and corruption is a continuing mandate in the entire agencies of the country. It is indeed imperative to note that the Philippine National Police (PNP) is one vast agency with major concerns and issues to be addressed in combating such problem. Thus, it is indeed a great opportunity to be chosen as one of the beneficiaries of the 1 Billion fund project of H.E. President Gloria Macapagal Arroyo for anti-corruption.
The most apt innovation is to utilize the Information and Communications Technology (ICT) such as the World Wide Web (WWW) and the development of an information system that would centrally monitor and manage the activities that purportedly being one of the root causes of corruptions in the PNP. By and large, one of the most vulnerable activities is the procurement and acquisition of equipment, materials and/or supplies for the PNP Units/Offices. With this project, adherence to the existing Implementing Rules and Regulations of Republic Act 9184 (IRR RA 9184) or otherwise known as “The Government Procurement Reform Act” will strictly be implemented in the organization. Moreover, an information system will be developed to be called as the Procurement Management Information System (PPMIS). The PPMIS would be able to monitor and manage centrally the entire procurement activities from the PNP National Headquarters down to its Regional Units/Offices.
The proposed project intends to improve public perception of the PNP through the installation of a responsive public feedback system and the promotion of integrity and transparency in the procurement process.
This project hopes to strengthen the PNP’s internal systems and address the findings of the recently concluded Integrity Development Review (IDR) and accordingly reinforce the PNP’s Anti-Corruption Plan.
This project is focused on one component which concerns in the development of the PNP Procurement Management Information System that would automate the procurement process, seamlessly integrate planning, procurement, and monitoring processes.
12
The specific objectives of the project include:
To improve public’s perception on the PNP and enhance public’s confidence in its systems, e.g. 5 percentage point improvement in the net approval rating of PNP after two years;
To improve transparency and accountability in the PNP procurement process; and
To enhance public cooperation and stakeholder partnerships.
13
Section 2 - Integrity Development Review (IDR)
A Memorandum of Understanding (MOU) – annex “D” - between Ombudsman (OMB), Department of Budget and Management (DBM), Department of Education (DepED), Civil Service Commission (CSC), Commission on Audit (COA), Presidential Anti-Graft Commission (PAGC), Development Academy of the Philippines (DAP), Department of Public Works and Highway (DPWH), Philippine National Police (PNP), Bureau of Internal Revenue (BIR), Bureau of Customs (BOC), and Land Transportation Office (LTO) was formulated on October 7, 2005.
The parties are mandated under the said MOU to develop a results-oriented transparency and accountability improvement agenda for addressing areas of the respective operations with critical or high corruption vulnerabilities in accordance to the policy agenda of President Gloria Macapagal-Arroyo.
Among the projects stipulated in the MOU is the conduct of Integrity Development Review (IDR). The IDR is a project of the Office of the Ombudsman in collaboration with Presidential Anti-Graft Commission, Department of Budget and Management, Civil Service Commission, Commission on Audit, Department of Education, and the Development Academy of the Philippines.
The IDR is a preventive measure against corruption. It entails a systematic assessment of the agency’s corruption resistance mechanisms and its vulnerabilities to corruption, aiming to build institutional foundations to thwart corruption before it occurs. The objective of IDR is to assist the management and leadership of the agency to: a) Assess the level of integrity development with the agency, b) Identify the agency’s vulnerability to corruption, c) Assess the adequacy of agency’s controls to detect and prevent corruption, d) Prepare a more focused Corruption Prevention and Integrity Development Plan, and e) Establish benchmarks by which performance and results of anti-corruption programs can be monitored.
The IDR has two (2) major tools: Corruption Resistance Review (CRR), the first stage of the IDR, is a guided self-assessment that provides set standard levels that each agency can assess itself regarding its efforts to develop integrity in the workplace. It helps the agency to identify the necessary steps in achieving a certain level of systems integrity, and it provides a basis for the examination of agency operations against measures that prevents any opportunity for corruption, and Corruption Vulnerability Assessment (CVA), the second phase of the IDR, is a detailed examination of the high-risk activities and/or functions and the general control environment of the agency, including the adequacy of existing safeguards.
14
Among the activities in the IDR was the assessment of the agencies anti-corruption innovations especially on the following areas: 1) Leadership, 2) Code of Conduct, 3) Gifts and Benefits, 4) Recruitment and Promotion, 5) Performance Management, 6) Procurement, 7) Financial Management, 8) Internal Reporting, 9) Corruption Risk Management, and 10) Managing Interface with Stakeholders.
On the result of the IDR, the PNP fared well on the six (6) areas namely: Leadership, Code of Conduct, Recruitment and Promotion, Performance Management, Financial Management, and Managing Interface with Stakeholders. However, the PNP obtained a poor rating on the four (4) dimensions, namely: 1) gifts and benefits policy; 2) procurement management; 3) whistle blowing, internal reporting and investigation; and 4) corruption risk management.
The PNP, through the Program Monitoring Committee – Technical Working Group (PMC-TWG) of the PNP Anti-Corruption Programs convened a meeting on September 19, 2006 to address the noted deficiencies. The TWG has so far undertaken the following:
a. Formulation of the Rules on Gifts and Benefits –annex “E” - to promote positive values and attitudes within the rank and file, and enhance public trust in the organization.
b. On procurement management, the PNP has sent five (5) senior PNP Officers to attend the AFP Logistics Officer Intermediate Course Class 05-2006 conducted by the Air Force Officers School at Villamor Air Base, Pasay City on October 8 – 14, 2006 to enhance their knowledge and skills on procurement management. Another initiative of the PNP is the holding of the Annual Logistics Planning Session. The purpose of which is to formulate the Annual Procurement Program, and the Project Procurement Management Plan
c. To address the deficiency on corruption risk management, the PNP has formulated LOI 44/06 “Honesty Teams” on August 28, 2006 purposely to enhance the anti-corruption campaign of the PNP through a comprehensive program to weed out erring PNP personnel engaged in extortion activities.
Public office is a public trust. Public officers and employees must at all times be accountable to the people and serve them with utmost responsibility and integrity. The impairment of integrity, which includes wrongdoings that clearly violate legally established and ethically acceptable practices, is tantamount to corruption.
In the public sector, corruption is defined as the abuse of public office
for private gain. Corruption in government usually comes in the form of illegal payments to a public official in order to obtain a benefit that may or may not be deserved in the absence of payoffs (Rose-Ackerman, 1999).
To have a better understanding of IDR, below is the overview presented by the Development Academy of the Philippines (DAP) and Office of the Ombudsman during the meeting on December 19, 2006 at DAP, Ortigas Center, Pasig City:
15
Government generally holds monopoly power in the provision of public goods. Like private monopolists, they can control the supply of these services. In practice, government officials possess the discretion to determine the quantity of services to be provided especially when they are the only people with authority to issue a permit, overlook a violation of the law or grant a benefit (UNDP, 1997). They can limit the supply even if a service is available to all who qualify through costly queues or by delaying approvals or withholding services unless bribes are paid. Or they can increase supply of the service beyond the officially sanctioned level and make the service available to applicants with the highest willingness to pay. Even under an honest system, discretion remains high when rules are vague and constantly changing. Ambiguous rules can be modified to create additional opportunities for corruption. Agents with discretionary powers are highly susceptible to private individuals and firms, who are willing to pay extra in order to obtain a benefit or avoid cost.
Conceptually, the agency can constrict internal systems to reduce the likelihood of corruption, e.g. tightening its recruitment process, raise personal costs of illicit behavior, reduce the agent’s monopoly powers, clarify and circumscribe the agent’s discretion, and exact accountability. The agency can also collect information and intensify monitoring in order to raise the probabilities of wrongdoings being detected. The processes can be redesigned or modified to avoid risks e.g. minimizing direct interface between agents and clients.
Broad discretion, weak sanctions for corrupt behavior, cumbersome procedures, lack of service standards, poorly disseminated rules, weak checks and balances – all create opportunities for corruption. Assessing an agency’s vulnerability to corruption requires an analysis of its supervision and control systems, policies and procedures, penalty systems, and high-risk transactions. The assessment also checks whether safeguards that can forestall wrongdoing are in place.
The World Bank proposes a four-point framework in reducing an agency’s vulnerability to corruption: 1) limiting opportunities for corrupt transactions, 2) decreasing gross gains from corruption, 3) increasing the probability of detection and paying penalties, and 4) increasing the magnitude of penalties.
Successful programs to prevention and control corruption normally involve thorough diagnosis of corruption vulnerabilities. Assessing an agency’s vulnerability to corruption requires a closer look into high-risk transactions, policies and procedures, supervision and control systems, penalty and reward systems. The assessment should also include a review of integrity development measures and safeguards that can forestall wrongdoings and prevent corruption.
INTEGRITY DEVELOPMENT REVIEW
Integrity Development Review (IDR) is a preventive measure against corruption. It aims to build institutional foundations to prevent corruption before it occurs. It entails a systematic diagnosis of the corruption resistance mechanisms in place in an agency and its vulnerabilities to corruption.
“Corruption is an economic crime of calculation,” that is, if the probability of being caught is very low and the penalty if caught is mild while the pay-off is large, the temptation for corruption will be very high. The potentials of a corrupt benefit increases as a function of monopoly power, amount of discretion and the degree of accountability (Klitgaard, 1998). Accordingly, “if someone has monopoly power over a good or service, has the discretion to decide whether who gets that good or service or how much they get, and there is no accountability whereby others can see what that person is deciding, corruption is likely to happen.”
16
The IDR builds on the Corruption Resistance Review (CRR) approach developed by the Independent Commission Against Corruption (ICAC) of New South Wales and the Corruption Vulnerability Assessment (CVA) tool developed by the Development Academy of the Philippines. The CRR helps agencies assess their level of corruption resistance and progressively develop and implement corruption prevention measures to meet certain standards at every level for organizational integrity. Patterned after the vulnerability assessment guidelines of the US Office of Budget and Management, the CVA determines the susceptibility of agency systems to corruption and adequacy of safeguards to forestall wrongdoings.
Corruption Resistance Review
The Integrity Development Assessment (IDA) is a guided self-assessment that provides set standards or levels that each agency can assess itself as regards its efforts to develop integrity in the workplace. It provides a basis for the examination of agency operations and helps the agency identify the necessary steps in achieving a certain level of systems integrity.
The agencies as assessed in ten (10) dimensions, which include (1) Leadership, (2) Code of Conduct, (3) Gifts and Benefits, (4) Human Resource Management (5) Performance Management, (6) Procurement Management, (7) Whistleblowing, Internal Reporting and Investigation, (8) Corruption Risk Management, (9) Financial Management and (10) Interface with External Environment.
For each dimension, agencies can assess their levels of achievement vis-à-vis a five-point scale. The assessment yields possible steps agencies can undertake to advance to the next level.
After the IDA, Assessment Teams conducts the Survey of Employees. The survey is a means to acquire an objective assessment and systematic approach to monitor and benchmark agency efforts in corruption prevention as perceived by the employees. It hopes to detect the operationalization and deployment of integrity building measures in the agency and generate feedback from employees on experiences with these measures, clarity of agency guidelines and procedures and their effectiveness in preventing corruption.
The survey involves one hundred (100) randomly selected employees per agency site and employs the sealed envelope technique.
Corruption Vulnerability Assessment
The second phase of the IDR is the Corruption Vulnerability Assessment (CVA), a detailed examination of the high-risk activities and/or functions and the general control environment of the agency, including the adequacy of existing safeguards.
Based on the vulnerabilities identified by the agency or surfaced from the CRR, a detailed investigation and risk assessment of selected functions, processes, procedures, activities, and controls is carried out. The assessment involves process mapping, identification and classification of risks, checking of existing controls, and evaluation of safeguards. Data and information may be culled from document review, key informant interview, and process observation, to the extent possible.
17
PURSUING REFORMS THROUGH INTEGRITY DEVELOPMENT (PRIDE)
In its effort to improve governance in the public sector, the leadership of the Department of Budget and Management and the Office of the Ombudsman initiated the Integrity Development Review also known as Pursuing Reforms through Integrity Development (PRIDE) in 2003, which was implemented by the Development Academy of the Philippines.
With the support of the World Bank, the CVA was pilot-tested in the Department of Budget and Management in 2002. The IDR was initially implemented at the OMB and the Department of Education in 2004 with support from the United States Agency for International Development (USAID).
Under the European Commission (EC)-OMB Corruption Prevention Project, 16 public sector agencies are scheduled to undergo the IDR in two cycles. The 1st Cycle was completed on August 2006 while the next cycle commenced on December 2006. These agencies include the Department of Public Works and Highways, Philippine National Police, Bureau of Internal Revenue, Bureau of Customs and the Land Transportation Office (1st Cycle). The 2nd Cycle include the Department of Agrarian Reform, Department of Environment and Natural Resources, Department of Health, Armed Forces of the Philippines, Land Registration Authority, Philippine Veterans Affairs Office, Bureau of Corrections, Bureau of Fire Protection, National Irrigation Authority, Light Rail Transit Authority and the Procurement Service.
18
Section 3 – Project Task Force, OMB
The PNP is also participatIng in the anti-corruption activities of the Project Task Force (PTF) under the Office of the Ombudsman headed by the PTF Manager Ador G. Paulino. The PTF was established to reinforce the EC-OMB Corruption Prevention Project..
The following are the anti-corruption activities of the PTF that shall complement the anti-corruption efforts of the concerned government agencies:
a. Conduct of Values Formation “EHEM! AHA” Seminar for Organic Personnel of the participating government agencies, specifically those members of Bids and Awards Committee (BAC), BAC Secretariat, Technical Working Group and Inspection Committee;
b. Conduct of a two-day live-in Customer Service Training to develop and enhance of Agency-Based Hotline/Help Desk System;
c. Conduct of Anti-Corruption Seminar for Middle Managers;
d. Conduct of Procurement Training for Trainers, Observers, and Monitors to strengthen the integrity structures of the participating government agencies to the project by developing procurement training manuals, and the actual training of procurement trainers, observers, and monitors; and
e. Displays of Tarpaulins in a conspicuous places that contain organizational systems/work flows, mission, vision, and anti-corruption slogans.
19
As of this writing, the PNP has sent three (3) PNP members from the Office of PCRG to undergo a two-day live-in Customer Service Training to enhance their skills in manning the PNP hotline. Likewise, the PNP has been provided 148 pieces of tarpaulins which are already distributed to PROs containing PNP vision, mission, hotlines, and anti-corruption slogans, to wit:
PNP MISSION:
“The PNP shall enforce the law, prevent and control crimes, maintain peace and order, and ensure public safety and internal security with the
active support of the community”
PNP VISION:
“A professional, dynamic and highly motivated Philippine National Police working in partnership with a responsive
community towards the attainment of a safe place to live, work, invest, and do business in”
PNP MOTTO:
“To Serve and Protect” the People
“Bawal Humingi ang Pulis, Bawal Humingi sa Pulis”
“Mga Kurakot ay Ikulong, Batas ay Isulong”
Itawag sa:
722-0650 (PNP Complaint Referral & Action Center)
I-Text sa:
PNP TEXT 2920
“Huwag Matakot, Isumbong ang Kurakot”
Itawag sa:
722-0650 (PNP Complaint Referral & Action Center)
I-Text sa:
PNP TEXT 2920
ANTI-CORRUPTION SLOGANS
20
“Huwag Dungisan ang Pangalan ng Kapulisan, Supilin at Pigilin ang Katiwalian”
Itawag sa:
722-0650 (PNP Complaint Referral & Action Center)
I-Text sa:
PNP TEXT 2920
“COMBATING CORRUPTION?...YES YOU CAN”
CONTACT US:
722-0650 (PNP Complaint Referral & Action Center)
PNP TEXT 2920
NEED A GENUINE POLICE SERVICE?
Speak Out! EXPOSE!
Police Abuses
Graft & Corrupt Practices
Praise Good Deeds
CONTACT US:
722-0650 (PNP Complaint Referral & Action Center)
PNP TEXT 2920
KATIWALIAN… ABUSO….
HINDI TAMANG SERBISYO…
Handa Kaming Umaksyon Para sa Inyo
Itawag sa:
722-0650 (PNP Complaint Referral & Action Center)
I-Text sa:
PNP TEXT 2920
Makipagtulungan upang sumagana ang bayan!
PLEASE HELP YOUR POLICEMEN,
DO NOT CORRUPT THEM
TULONG-TULONG TAYO
SA PAGBABAGO,
HUWAG MAG LAGAY SA PULIS
21
Moreover, some of the PNP organizational systems/work flows were submitted to the Office of the Ombudsman for printing in the tarpaulins. These tarpaulins will also be displayed in conspicuous places for public dissemination. The objective of this effort is to educate the people regarding PNP systems/workflows so that the clients will be protected from middleman or fixers when accessing PNP services. Besides, clients’ knowledge about PNP systems/workflows will also facilitate transaction. The following are the systems/work flows:
GENERAL QUALIFICATIONS FOR APPOINTMENT POLICE OFFICER 1 (PO1)
1. a. A citizen of the Philippines;2. b. A person of good moral character;3. c. Must have passed the psychiatric or psychological, drug, and physical tests
to be administered by the PNP or by any government hospital accredited by the Commission for the purpose of determining the physical and mental health;
4. d. Must possess a formal baccalaureate degree from a recognized institution of learning;
5. e. Must be eligible in accordance with the standards set by the Commission;6. f. Must not have been dishonorably discharged from military employment or
dismissed for cause from any civilian position in the Government;7. g. Must not have been convicted by final judgment of an offense or crime
involving moral turpitude;8. h. Must be at least one meter and sixty-two centimeters (1.62m) in height for
male and one meter and fifty-seven centimeters (1.57m) for female;9. i. Must weigh not more or less than five kilograms (5 kgs.) from the standard
weight corresponding to his or her height, age, and sex;10. j. Must not be less than twenty-one (21) nor more than thirty (30) years of age.
Note: One day before the 21st birthday is less than 21 years of age (21 years of age must be exactly on 21st birthday) and three hundred sixty four days after 30th birthday, not being 31 is not more than but still 30 years of age (31 years of age is on the 31st birthday).
ELIGIBILITY STANDARDS FOR APPOINTMENT
An appointee must possess the appropriate eligibility acquired from any of the following examinations:
• RA 1080 (Bar and Board examinations)• PNP Entrance Examination• RA 6506 (Licensure examination for criminology graduates)• P.D. No. 907 (Granting Civil Service Eligibility to College Honor Graduates)• CSC Second Level Eligibility (Police Officer I/Police Officer)
22
FOR POLICE OFFICER 1 APPLICANTS
TABLE OF CONTENTS – Folder 1 for PROs/NSU for Records Section (Mandatory Requirements)
A - CSC Form 212 (Revised 2005);B - Birth Certificate (Authenticated by NSO);
C - Eligibility) ( Authenticated by NAPOLCOM, PRC, CSC);
D - Two (2) pieces 2X2 black and white picture indicating applicants name;
E - Transcript of scholastic Records and Diploma (Duly authenticated by the School Registrar);
F - Clearances from the Barangay, Local Police Station, RTC/MTC and NBI;
G - Medical certificate issued by the Local Health Officer.
* Submit white folders with white tabbings to Office/Unit for initial processing
TABLE OF CONTENTS (For Attestation) - Folder 2 CSC
A - CSC Form 212 (Revised 2005)
B - Eligibility (Authenticated by NAPOLCOM, PRC, CSC )
C - College Diploma/Transcript of Records (Duly authenticated by the School Registrar)
D - NBI (Original)E - Physical/Medical ClearancesF - Birth Certificate (Authenticated by NSO)
TABLE OF CONTENTS (201 File) Folder 3 for NAPOLCOM fileA - CSC Form 212 (Revised 2005)B - Personal History StatementC - Birth CertificateD - Medical CertificateE - Eligibility (Authenticated by the NAPOLCOM, PRC, CSC)F - Two (2) pieces passport size picture in GOA uniform
G - College Diploma/Transcript of Records (Duly authenticated by the School Registrar)
H - Clearances from the Barangay, Local Police Station, TC/MTC and NBI;I - Oath of Office;J - Appointment Order.
* Submit white folder for 201 File with white tabbing.
23
FLOW CHART
For new regular Private Security Agency License to Operate (PSA LTO)
1
2
3
4
5
6
7
8
9
Filing of Application(applicant/representative
Receives & checks application
Processor, 8 minutes) – 7230401 Loc 4338
Issuance of Order of PaymentProcessor, 2 minutes –
7230401Loc 4338
Preparation of Memorandum5 minutes – 7230401 Loc 4338
Records verificationRecords Section, 15 minutes)
7230401 Loc 4213
Administrative Inspection(Inspection Team, - 7230401 Loc 4438
Enforcement Section, 1 day)
Concurrence of AC, SAGSD5 minutes – 7230401 Loc 4548
Case Verification7230401 Loc 4518
Complaint & Investigation Section
C, SAGSD endorse toDirector, Civil Security Group
5 minutes – Loc 7230401 Loc 4318
1 & 2. Verification of SSS, BIR & DOLE clearances (for renewal), DI, NBI, NP & DT clearances. PADPAO Security Management Seminar)
3 & 4. Issuance of OP & preparation of Memo.5. Checks Monthly Disposition Report.6. Verify if with Pending Case.7. Checks compliance to Rules and Regulations.8. Concurrence.9. C, SAGSD endorses to D, CSG
24
BASIC QUALIFICATION FOR ALL
PRIVATE SECURITY PERSONNEL
1. Filipino citizen
2. Not less than 18 years of age
3. Must have taken a private security
course/seminar and/or
must have adequate training or
experience in security
business or rendering
security/detective services
4. Of good moral character
5. Must be physically and mentally fit
REQUIREMENTS FOR PROTECTION
AGENTS
1. SSS ID Card/Employment History
2. Retirement Order (for retired AFP/PNP
personnel)
3. Discharge Order (for honorably
separated AFP/PNP personnel)
4. Not less than 23 years nor more than
60 years of age
5. Transcript of Records and Diploma (for
civilians)
6. Residence Certificate
7. Birth Certificate
8. CLEARANCES
a. Neuro-Psychiatric (from
PNP Health Service)
b. Drug Test (from PNP Crime
Laboratory)
c. PNP DI
d. NBI
e. Court (from court
jurisdiction over place of
residence)
25
REQUIREMENTS FOR
SECURITY GUARDS (NEW)
1. SSS ID Card/Employment History
2. Birth Certificate
3. High School Diploma
4. TRAINING (ANY OF THE
FOLLOWING)
a. Pre-Licensing Training,
Opening & Closing Report,
General Knowledge Exams,
Firing/Marksmanship Cert
b. Basic ROTC/CMT Graduate
c. Retirement Order (for
retired AFP/PNP personnel)
d. Discharge Order (for
honorably discharged
AFP/PNP personnel)
5. CLEARANCES
a. Neuro-Psychiatric
b. Drug Test
c. PNP DI
d. NBI
e. Police
f. Court
g. Barangay
REQUIREMENTS FOR SCTY
GUARDS (RENEWAL)
1. SSS ID Card/Employment History
2. Photocopy of old license
3. In-Service Training Certificate,
Opening & Closing Report,
General Knowledge Exams,
Firing/Marksmanship Cert
4. CLEARANCES
a. Neuro-Psychiatric
b. Drug Test
c. PNP DI or NBI
26
REQUIREMENTS FOR SECURITY OFFICER (NEW)
1. SSS ID Card/Employment History2. Birth Certificate3. College Diploma/Transcript of
Records (Baccalaureate)4. TRAINING (ANY OF THE
FOLLOWING) a. Security Officer Training, Opening & Closing Report, General Knowledge Exams, Firing/Marksmanship Cert b. Retirement Order (for retired AFP/PNP personnel)
5. CLEARANCES a. Neuro-Psychiatric b. Drug Test c. PNP DI d. NBI e. Police f. Court g. Barangay
REQUIREMENTS FOR SECURITY OFFICER (RENEWAL)
1. SSS ID Card/Employment History2. Photocopy of old license3. Security Officer In-Service Training
Certificate, Opening & Closing Report, General Knowledge
Exams, Firing/Marksmanship Certificate4. CLEARANCES a. Neuro-Psychiatric b. Drug Test c. PNP DI or NBI
REQUIREMENTS FOR SECURITY CONSULTANT (NEW)
1. SSS ID Card/Employment History2. Birth Certificate3. Masters degree in Criminology,
Public Administration, MNSA Industrial Security Administration
or Law4. Retirement Order (for retired
PNP/AFP personnel)
5. CLEARANCES a. Neuro-Psychiatric b. Drug Test c. PNP DI d. NBI e. Police f. Court g. Barangay
REQUIREMENTS FOR SECURITY CONSULTANT (RENEWAL)
1. SSS ID Card/Employment History2. Photocopy of old license3. Masters degree in Criminology,
Public Administration, MNSA Industrial Security Administration
or Law4. CLEARANCES
a. Neuro-Psychiatric b. Drug Test c. PNP DI d. NBI
27
REQUIREMENTS FOR PRIVATE
DETECTIVE (NEW)
1. SSS ID Card/Employment History
2. Birth Certificate
3. College Diploma/Transcript of
Records
4. TRAINING (ANY OF THE
FOLLOWING)
a) Advance ROTC/CMT graduate
b) Detective Training, Opening &
Closing Reports, GKE
c) Retirement Order/Discharge Order
(for retired PNP/AFP personnel)
5. CLEARANCES
a. Neuro-Psychiatric
b. Drug Test
c. PNP DI
d. NBI
e. Police
f. Court
g. Barangay
REQUIREMENTS FOR PRIVATE
DETECTIVE (RENEWAL)
1. SSS ID Card/Employment History
2. Photocopy of old license
3. In-Service Training Certificate
4. CLEARANCES
a. Neuro-Psychiatric
b. Drug Test
c. PNP DI or NBI
28
ORIGINAL REGISTRATION
1. Brand New
a. Original Sales Invoice b. Original LTO Certificate of Stock Reported (CSR) (Formerly LTO Confirmation Certificate, LTOCC) c. TIN of Dealer and New Owner d. Stencil of Engine & Chassis Numbers
2. Imported (Brand New)
a. Original BOC Certificate of Payment b. Original LTO Certificate of Stock Reported (CSR) c. Informal Entry d. Bill of Lading e. Stencil of Engine & Chassis Numbers f. TIN of Dealer and New Owner
3. Imported 2nd Hand CBU
a. Original BOC Certificate of Payment b. Original LTO Certificate of Stock Reported (CSR) c. Informal Entry d. Bill of Lading e. Physical Inspection Report, TMG f. TIN of Dealer and New Owner
4. Imported 2nd Hand CKD
a. Original BOC Certificate of Payment b. Original LTO Certificate of Stock Reported (CSR) of the Engine and Chassis or Body c. Original Affidavit of Rebuilt (duly notarized and to be executed by the owner) d. Informal Entry e. Bill of Lading f. Physical Inspection Report, TMG g. TIN of Dealer and New Owner h. BIR Clearance Certificate of MV (BIRCCMV)
PNP MOTOR VEHICLE CLEARANCE REQUIREMENTS
29
ORIGINAL REGISTRATION
7. Acquired Thru Bidding
a. Original Sales Invoice of the engine and chassisb. Original LTO Certificate of Stock Reported (CSR) of the engine and chassis or Body c. Original Affidavit of Rebuilt (duly notarized and to be executed by the owner)d. If engine/chassis was acquired from a private person or company, Original deed of sale of the engine and chassise. Original Certificate of Registration and LTO Official Receipt covering the acquired engine/chassisf. Physical Inspection Report, TMGg. TIN of Applicant and Rebuilder
5. Imported (Voluntary Payment Category)
a. Original BOC Certificate of Payment b. Original LTO Certificate of Stock Reported (CSR) c. Physical Inspection Report, TMG d. TIN of New Owner
a. Original Sales Invoices, if applicableb. Certificate of Awardc. Macro-etching examination, CLd. Certificate of Assignment of LTO Number
if tamperede. TIN of Vendor and Vendee
PNP MOTOR VEHICLE CLEARANCE REQUIREMENTS
6. Assembled (Rebuilt)
30
TRANSFER OF OWNERSHIP
a. Original Deed of Sale of Writ of Execution from court authorized the
transfer
b. Original LTO Certificate of Registration and Official Receipt
c. If vehicle is mortgaged, submit Cancellation/Release/Assumption of
Mortgage, Original Copy
d. If vehicle was acquired from a company/corporation, submit Secretary’s
Certificate, Original Copy
e. If the sale was made through a representative, submit Special Power of
Attorney, Original Copy
f. If transfer is being facilitated by another person not the owner or not with
SPA, submit an affidavit authorizing another person to facilitate the
transfer of ownership in his/her behalf
g. If MV was acquired from Insurance Company: Certificate from Insurance
Company that subject MV was not declared a total loss/wrecked prior to
sale
h. Physical Inspection Report, TMG
i. TIN of Vendor and Vendee
PNP MOTOR VEHICLE CLEARANCE REQUIREMENTS
31
CHANGE OF COLOR
a. Original Affidavit of change body design (duly notarize and to be executed/signed by the owner)
b. Original Certificate of Registration and LTO Official Receiptc. Physical Inspection Report, TMGd. TIN of Registered Owner
EXCHANGE OF BODY DESIGN
a. Original Affidavit of change body design (duly notarize and to be executed/signed by the owner)
b. Original Certificate of Registration and LTO Official Receiptc. Physical Inspection Report, TMGd. TIN of Registered Owner
CHANGE OF ENGINE/CHASSIS
a. Original Sales Invoice of the engine/chassisb. Original LTO Certificate of Stock Reported CSR) of the engine/chassisc. Original affidavit of Change engine/chassis (duly notarized and to be
executed by the owner)d. If engine/chassis was acquired from a private person or
company/corporation, submit Original Deed of Sale of the engine/chassise. Original LTO Certificate of Registration and Official Receipt covering the
acquired engine/chassisf. Physical Inspection Report, TMGg. TIN of Registered Owner
PNP MOTOR VEHICLE CLEARANCE REQUIREMENTS
32
PNP MOTOR VEHICLE CLEARANCE REQUIREMENTS
FOR SHIPMENT
a. Proof of ownership (for industrial Machines, farm equipments & others not
requiring LTO Registration)
b. For Encumbered MV’s; Bank/Mortgagor Approval/Consent
c. Physical Inspection Report, TMG
d. Original LTO Certificate of Registration and Official Receipt
e. TIN of Registered Owner
RECORD CHECK
a. LTO Certificate of Registration and Official Receipt
b. Physical Inspection Report, TMG and Macro-etching by CL
c. TIN of Applicant
PERMIT TO ASSEMBLE
a. Statement under oath that the parts to be assembled are from legitimate
sources, ie, engine, chassis, body, etc.
b. Complete list of the spare parts of the motor vehicle to be assembled or rebuilt
together with the receipts, deed of sale, OR/CR (if sourced from another MV)
c. LTO Accreditation of Rebuilder
d. TIN of applicant
33
PNP MOTOR VEHICLE CLEARANCE REQUIREMENTS
Schedule of Fees(to be paid at any Land Bank of the Philippines (LBP)
Branches)a. New Registration P200.00
Car/truck/Auv/Wagon/Imported/Rebuilt
MOTORCYCLE
b. Record Check P 100.00
c. Change Chassis P 100.00
d. Change Body Design P 100.00
e. Change Engine P 100.00
f. Change Color P 100.00
g. For Shipment P 100.00
h. Permit to Assemble P 150.00
i. Transfer of Ownership P 100.00/Transfer
j. Physical Inspection P 100.00
k. Other Payment P 10.00
FAST LANE SERVICES (OPTIONAL) Additional Charge
a. Drive Thru P 100.00
b. Express Lane P 50.00
c. Door to Door (MC) P 50.00
d. Door to Door (Others) P 100.00
34
RECEIVING SECTION
ISSUANCE OF ORDE R OF PAYMENT
PAYMENT AT ANY LBP BRANCH
MACRO - ETCHING OF ENGINE &
CHASSIS NUMBERS
FINAL PROCESSING OF MVCC
APPLICANT
INITIAL
PROCESSING
FOR SIGNATURE OF PROCESSING OFFICER &
CLEARANCE OFFICER
PRINTING OF CLEARANCE CERTICATES
RELEASING
SECTION
35
36 Note: For the other details, please contact PNP-FED at 7230401 local 4478
BRIEF APPLICATION(Briefer/Processor)
PREPARES and ISSUE OP’s(Briefer/Processor)
RECEIVE PAYMENT and Issue SBR
(Land Bank)
SUBMIT APPLICATION with SBR
(Applicant)
RECEIVE/FINAL BRIEFING and ISSUE ACKNOWLEDGEMENT
RECEIPT(Receiving Clerk)
SIGNATURE/RECOMMEND APPROVAL and TRANSMIT TO
RECORDS SECTION(C, FAL)
ENCODE APPLICATION AND SCAN PICTURE OF
APPLICANT(Encoder, Records Section)
SIGNATURE ON ACTION SLIP AND GENERATE AND SIGN
BATCH TRANSMITTAL(C, Records Section)
CONCURRENCE/NON-CONCURRENCE ON
APPLICATION, SIGN PTT and TRANSMITTAL
(DC, FED)
APPROVAL/DISAPPROVAL , SIGN PPFA and TRANSMITTAL
(C, FED)
ELECTRONIC APPROVAL OF INDIVIDUAL APPLICATION(Encoder, Office of C, FED)
SEGREGATE FILE1.FORWARD TRANSMITTAL TO ID PROD 2. RELEASE YELLOW TL, PTT AND PPFA TO APPLICANT 0R REPRESENTATIVE3. FORWARD THE REST OF DOCUMENTS TO RECORDS SEC.
(FMB Releasing Personnel)
PRINT FA LICENSE CARDS
(ID PROD)
1. SCAN WHITE TL2. FILE BLUE TL AND THE REST OF ATTACHMENTS(Filing Clerk, Records
Section)FORWARD LICENSE CARDS TO RELEASING
NUP(C, ID PROD)
RELEASE LICENSE CARDS TO APPLICANTS
(ID Releasing NUP)
1.RECEIVE FA LICENSE CARD2. RECEIVE YELLOW TL, PTT AND PPFA(APPLICANT/REP)
FILE APPLICATION(Applicant/Representative)
37
Section 3 - International Commitment on Anti-Corruption
United Nation Convention Against Corruption (UNCAC) - Source: UNCAC Primer
The UNCAC is an international treaty on combating private and public corruption. In its resolution No. 55/61 dated December 4, 2000, the General Assembly recognized that an effective international legal instrument against corruption, independent of the United Nations Convention against Transnational Organized Crime was desirable and decided to establish an Ad Hoc Committee for the negotiation of such an instrument in Vienna at the headquarters of the Centre for International Crime Prevention, Office for Drug Control and Crime Prevention.
The text of the UNCAC was negotiated during seven sessions of the Ad Hoc Committee for the Negotiation of the Convention against Corruption, held between 21 January 2002 and 01 October 2003.
The Convention approved by the Ad Hoc Committee was adopted by the General Assembly by resolution 58/4 of 31 October 2003. The General Assembly, in its resolution 57/169 of 18 December 2002, accepted the offer of the Government of Mexico to host a high-level political signing conference in Merida for the purpose of signing the UNCAC. The Assembly invited all States to be represented at the Conference at the highest possible levels of Government.
On the implementation mechanisms, the Convention needs 30 ratifications to come into force. A Conference of the States Parties is established to review implementation and facilitate activities required by the Convention. According to the Transparency International 2006 Corruption Perception Index, the Philippines was one of the Low-Ranking 46 Countries with regard to their commitment to the U.N. Convention Against Corruption.
In view of this, the President of the Philippines and different members of the Senate and OMB, SEPO participated in several processes in the ratification of the UNCAC on the following dates/schedules:
December 9, 2003 – The Philippines was one of the signatories of the UNCAC.
38
March 1, 2005 – President Gloria Macapagal-Arroyo transmitted the Convention for appropriate action to Senate.
June 2, 2005 – Senate Committee on Foreign Relations conducted public hearing of UNCAC.
August 28, 2006 – Transparency and Accountability Network (TAN) and the Office of the Ombudsman held a dinner dialogue with Senators Pimentel and Drilon on UNCAC; with special participation of Mr. Dimitri Vlassis from U.N. Office of Drugs and Crime.
August 29, 2006 – TAN in partnership with OMB, SEPO conducted public forum on UNCAC at Senate; with Mr. Vlassis as Resource Person.
August 30-Sept. 1, 2006 – Two-day seminar on UNCAC – developing local advocates/experts.
September-October 2006 – TAN did the rounds with key Senators emphasizing the need for the Philippine Senate to ratify the Convention before November 10.
November 6, 2006 – Senators Miriam Defensor-Santiago and Edgardo Angara sponsored the Convention in the Senate plenary; UNCAC passed three readings and obtained 17 approval votes.
November 8, 2006 –Philippine instrument of ratification submitted and received by the United Nations.
December 10, 2006 – UNCAC 1st Conference of State Parties in Amman, Jordan.
39
ANNEXES
40
PNPANTI-CORRUPTION PLAN
Annex “A”
41
42
CORRUPT PRACTICES COUNTER-MEASURES INDICATOR TIME
FRAME
PERSONNEL
RECRUITMENT/PLACEMENT/ PROMOTION
Undue
political and other interventions (Palakasan”/
Kinship etc)
Bribery / Extortion
Rationalize Recruitment System thru
Strict implementation of QS
Creation of Independent Recruitment Board to demonstrate political will
Proper Screening Procedures
Review/update recruitment system involving participation of LGUs
DPRM to draft policy to publish results at every stage of recruitment process after termination of each stage
Designate supervisor/person responsible in every stage
Distribution of hand-outs on recruitment guidelines to applicants
Strictly implement merit and fitness criteria in placement/promotion
Intensify Counter- intelligence measures
Conduct Life Style Check
Include representative from clergy/religious sector in the recruitment board
Less complaints from applicants
Only qualified applicants are processed/
appointed
Reduction of influence- peddling
Only the best and most qualified are promoted in rank and position (placement)
Identifica-tion/appre-hension of culprits
Minimal/ Zero
number of Bribery/Ex-tortion cases reported
During recruit-
ment /pro-
motion period
Start- ing 1st
Quarter 2005 for place-ment/
Promo- tion
43
CORRUPT PRACTICES COUNTER-MEASURES INDICATOR TIME
FRAME
PERSONNEL
RETIREMENT
RED TAPE in processing claims
Delay in the payment of retirement and other claims
Retirees over- burdened with documentary requirements
Presence of fixers victimizing retirees
Shifting the responsibility of documentation from the retirees to the office concerned;
Institute effective Records Management System to:
Update Individual personnel files/records
Expedite issuance of clearances
Strengthen internal controls in monitoring and processing of retirement orders
Strict implementation of Project “Kalinga”
Close supervision of liaison officers
Reduction of complaints
Timely Release of retirement claims
Starting 1st
Quarter 2005
AWARDS AND DECORA-TIONS
Delay in giving awards/de- corations to deserving PNP personnel
“Palakasan”/”Bata-bata”
system “Doctored”
Accomplish-ment Report
Proper and prompt validation of DI through CI
Awards Board to fast track the procedure
Ensure Transparency thru:
Publication of minutes of resolutions except those affecting national security and/or those classified as secret by competent authority
Regular weekly deliberation by Awards and Decorations Board
Timely issuance of orders
Less complaints on awards system
Starting 1st
Quarter 2005
44
CORRUPT PRACTICES COUNTER-MEASURES INDICATOR TIME
FRAME
PERSONNEL
TRAINING
““Palakasan” System On Schooling (Local/
Abroad)
Bribery to avoid/avail schooling
Financial opportunism by trainers/Ins-tructors of training units like “IssueMatik” etc.
OTHERS
Moonlighting
Pay-Off (15/30)
Strictly implement mandatory training program by
considering seniority and other qualifications
HRDD to establish data base on PNP personnel with and without schooling
Selection Board for schooling abroad should strictly implement qualification criteria of candidates
Formulate / Implement Police Occupational Specialty (POS)
Designation of qualified instructors on rotation basis
Increase Instructors Duty Pay and other incentives
Organization of professional civilian instructors/corps of professors
Strict implementation of directive on accounting of personnel/item card
Less complaint relative to schooling
Less Number of request for deferment
Starting 1st Quarter 2005
45
CORRUPT PRACTICES COUNTER-MEASURES INDICATOR TIME
FRAME
PERSONNEL
DISCIPLINE
Case fixing in the administra-tive investiga-tion
Delay in Case
Resolution
Expeditious adjudication of cases within ninety (90) days
Strengthen Case Tracking System
Review / improve procedures in administrative investigation
Assign qualified / competent Summary Hearing Officers
Zero backlog of adminis-trative cases / Number of resolved cases
Number of pers meted sanctions / penalized
Number of clearances issued
Starting 1st Quarter 2005
HEALTH SERVICE
Confine-ment/Dis-charge of patients due to material gain without proper personnel accounting
Ensure Transparency and strict monitoring of orders
DPRM should be furnished copy of confinement / discharge orders
All patients properly accounted for
Starting 1st Quarter 2005
46
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR
TIME FRAM
E
INTELLIGENCE
GRAVE ABUSE OF DISCRETION ON INTEL FUND DISBURSEMENT
Strict observance of PRA at the national and regional levels
Transparency on the part of unit/office head on fund disbursement
Close monitoring of Intel Funds based on PPA
Monitoring of disbursement of released fund support for case operation plans and intelligence projects
Stricter source control measures on intelligence networks (BIN)
Surprise inspection of cashbooks on intelligence funds
Conduct of PRA meeting and nr of interactions made with unit/office personnel
Conduct monitoring of disbursement of released fund
Conduct control measures for BIN
Conduct inspection cashbooks intelligence funds
To start 2nd Qtr
SELLING OF CLASSIFIED INFORMATION
FABRICATION OF INFORMATION FOR EXTORTION PURPOSES
Effective CI measures to prevent sale of classified information
Strict observance of document security regulations
Strengthening of CI measures against malicious reporting of information
No. of reports received and no. of offenders penalized
Start Februa-ry 2005
47
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR TIME
FRAME
INVESTIGATION
PROTECTION RACKET
Intensification of Counter- Intelligence activities to identify, validate, and take appropriate action against those involved.
Relief of PCOs/PNCOs involved and reassigning them to admin duties or less sensitive positions.
Black listing of suspected protectors.
Number of cases returned for further investigation (RFI).
Number of cases dismissed.
Number of complaints received.
RECYCLING OF EVIDENCE
Regular accounting and audit of evidence confiscated
Systematic monitoring of cases
Strict implementation of POPs and investigative procedures
Number of cases returned for further investigation (RFI).
Number of cases dismissed.
Number of complaints received.
48
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR TIME
FRAME
INVESTIGATION
CASE FIXING
(DAGDAG/BAWAS KASO, PLANTING/ TAMPERING OF EVIDENCE, BARGAINING WITH CRIMINAL OFFENDERS, ETC)
Effective records management
Automated and user- friendly case tracking and monitoring system
Strict implementation of POPs and investigative procedures
Number of cases returned for further investigation (RFI).
Number of cases dismissed.
Number of com-plaints received
ABUSE OF AUTHORITY/BRIBERY AND EXTORTION (“KOTONG”, HULIDAP”, FRAME-UP, ETC,)
Closersupervision/spotinspection byCommanders andsuperiors (OPLANSIYASAT)
Effective records management and case monitoring Transparency in all operations (no secret deal)
Number of cases returned for further investigation (RFI).
Number of cases dismissed.
Number of complaints received.
49
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR
TIME FRAM
E
INVESTIGATION
IRREGULARITY IN THE SERVICE OF WARRANTS
Effective records management
Automated and user-friendly case tracking and monitoring system
Strict implementation of POPs and investigative procedures
Number of complaints received.
Number of WOAs/SWs served.
BUREAUCRATIC “RED TAPE”/BRIBERY AND EXTORTION IN THE ISSUANCE OF IRS, CLEARANCES, ETC.
Effective records management
Automated and user-friendly case tracking and monitoring system
Number of complaints received
Backlog of reports
50
CORRUPT PRACTICES COUNTER-MEASURES INDICATO
RTIME
FRAME
OPERATIONS
ABUSE OF AUTHORITY FOR PERSONAL GAIN
Bribery (“lagay”, “patong”)
Extortion (“kotong”,
“hulidap”)
Theft during the conduct of
police operations
Granting of PTCFORs to unqualified applicants
Strict implementation of rules and regulations, policies, projects, programs, guidelines, and procedures
Effective monitoring and supervision of PNP mandated functions
Enhancement of Reward and Incentive System
Strengthening of the Internal Affairs Service down to the Provincial level
Reduction of extortion cases (“kotong”,“hulidap”) and bribery cases (“lagay”)
Imme-diate imple-mentation on the 1st Qtr 2005 to June 30, 2005
Conti-nuing activity thereafter
51
CORRUPT PRACTICES COUNTER-MEASURES INDICATOR
TIME FRAM
E
LOGISTICS
ON PROCUREMENT
Pre-bid malpractice
Rigged Bidding
• Manipulation of Test and Evaluation of delivered items for acceptance
• Delayed payment of claims
• Ghost/Under delivery
• Delivery not according to specifications
ON SUPPLY
• Inequitable distribution of supplies
• Pilferage• Poor
inventory control management
ON DISPOSAL
Misdeclaration of status of vehicles & other equipment
Transparency in all transactions
Strict implementation of GAAM rules & RA 9184
Adoption of E procurement system (GEPS)
Delivery Acceptance Procedure must be strictly observed
Strict implement Annual Procurement Program
Strictly observe Stock Card System on Supply Issuance
Conduct of periodic inventory of supplies and equipment in warehouse
Adoption of individual E-card system for Gas allocation
Actual validation of INI Report by the Disposal Committee
Public bidding is the preferred mode for disposal government property
There will be no complaints from participating bidders
Increase in the no. of participating bidders
Transpa-rency in the information on supply distribution
Receiving positive feedback from end-users
MOA with Petron Corp
Increase in the nr of participating bidders
Starting Feb-ruary
1, 2005
Feb-ruary 2005
52
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR TIME
FRAME
COMPTROLLERSHIP
MISUSE OF GOV’T FUND
Delay in Release of Fund
Juggling of Object Classes
Throwback
MALVERSATION
Fraudulent Claims
Misappropriation/ Self-Appropriation/ Stealing
Establishment of Independent Pre-Audit Office
Completion of Financial Information System (FIS)
Creation of OESPA
Activation of independent Pre-audit office
Percentage Completion of FIS
Frequency of inventory
On or before Mar 1, 2005
50% comple-tion by Jun 05; 100% comple-tion by Dec 05
OESPA to be activated NLT Mar 1, 2005
53
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR TIME
FRAME
COMPTROLLERSHIP
Other Corrupt Practices
Delay of Remittance
Delay in Release of Funds
Trust Receipt Anomalies
- Preferential Distribution - Misdeclaration
of Collection Delay – “Benta”
Inventory of PNP-issued SBRs and ORs vs Bank-Issued SBRs and Ors
Nationwide implementation of ATM system for salary of active personnel
Adoption of ATM system for retirement pay and other claims
Percentage completion of issued ATMs
MOA with official deposi-tory by
February 2005
Imple-menta-tion of MOA by Feb 2005
100% com-pletion by Jun 05
54
55
CORRUPT PRACTICES COUNTER-MEASURES
INDICA-TOR
TIME FRAME
PERSONNEL
RECRUITMENT/PLACEMENT PROMOTION
Undue
political and other interventions (Palakasan”/
Kinship etc)
Bribery / Extortion
Sustain PI & E
Information Campaign on requirement including do’s and don’ts
Inclusion of Anti-Corruption Plan in all police courses/seminars
Involvement of Chaplain Service to play a more active role in the conduct of regular values formation activities
Prepare and maintain compendium of anti-corruption laws, rules and regulations
Prepare and maintain compendium of policies, issuances and references on recruitment, placement, promotion and other related personnel transactions
Minimal/Zero level of Bribery/Extor-tion cases
Less endorse-ments by in-fluence peddlers
Once a
week starting February 2005
As necessary/
start of recruitment period
One (1) general dissemination before the end of Feb. 2005
Inlcusion in all police courses/
seminars
Once every quarter starting March 2005 on all levels of PNP units
56
CORRUPT PRACTICES
COUNTER-MEASURES
INDICA-TOR
TIME FRAME
PERSONNEL
Dissemination/distribu-tion of compendium down to the station level
Increase public awareness on the various PNP Public Assistance and Complaint Centers or Community Action Centers in all Offices
Require personnel appearing before any PNP Board to internalize personnel policies
Applicants/transferees/promotees
informed about recruit-ment/place-ment/
promotion policies
POI revised/in-clusion of PNP Anti-Corruption Action Plan
Completed
within three (3) months
Compendium to be completely distributed by the end of 1st Semester CY 2005
Complied before the end of 1st quarter 2005
Starting 2nd quarter 2005
57
CORRUPT PRACTICES COUNTER-MEASURES INDICATOR TIME
FRAME
PERSONNEL
RETIREMENT
• RED TAPE in processing claims
• Delay in the payment of retirement and other claims
• • Retirees
over burdened with documentary requirements
• • Presence of
fixers victimizing retirees
Conduct pre/post
retirement seminars for retirees/processors
Personnel officers to communicate/inform individual retirees on problems/requirements
Retirement Benefits released on the day of retirement
Reduction in the number of victims by fixers
Less complaints
Starting
1std quarter 2005
AWARDS AND DECO-RATIONS
Delay in giving awards/decorations to deserving PNP personnel
“Palakasan”/” Bata-bata” system“Doctored”
Accomplish-ment Report
Publication of policies/rules on Awards and Decorations
Regular PI & E
Reduction in the number of victims by fixers
Less complaints
Starting 1std
quarter 2005
58
CORRUPT PRACTICES COUNTER-MEASURES INDICATOR TIME
FRAME
PERSONNEL
TRAINING
““Palakasan” System On Schooling (Local/
Abroad) Bribery to
avoid/avail schooling
Financial
opportu-nism by trainers/
Instructors of training units like “IssueMatik” etc.
OTHERS: Moonlightin
g Pay-Off
(15/30)
Publication of policies/rules on Awards and Decorations
Regular PI & E
Reduction in the number of victims by fixers
Less complaints
59
CORRUPT PRACTICES COUNTER-MEASURES INDICATOR TIME
FRAME
PERSONNEL
DISCIPLINE
Case fixing in the adminis-trative investi-gation
Delay in Case
Reso-lution
Dissemination of rules and procedures on administrative procedures
Issue Directive/Policy
Dissemi-nation of rules and procedures on administra-tive procedures
Issue
Directive/ Policy
HEALTH SERVICE
Confine-ment/Dis-charge of patients due to material gain without proper personnel accounting
Issue Directive/Policy for proper accounting of patients in hospitals
Patients in hospitals properly accounted for in their units of assignment
60
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR
TIME FRAM
E
INTELLIGENCE
GRAVE ABUSE OF DISCRETION ON INTEL FUND DISBURSEMENT
Dissemination of general
intelligence policies
including intelligence funds
disbursement during
PI & E. Dissemination of general
intelligence policies including intelligence funds
disbursement during
PI & E. Dissemination of general
intelligence policies including intelligence funds
disbursement during
PI & E.
Nr of meetings
conducted
Nr of
monitoring efforts conducted
Nr of source control measures for BIN conducted
Starting Februa-ry 2005
SELLING OF CLASSIFIED INFORMATION
FABRICATION OF INFORMATION FOR EXTORTION PURPOSES
Dissemination of general intelligence policies
61
CORRUPT PRACTICES
COUNTER-MEASURES
INDICATOR
TIME FRAME
OPERATIONS
Abuse of authority for personal gain
Bribery (“lagay”, “patong”)
Extortion (“kotong”, “hulidap”)
Theft during the conduct of police operations
Granting of PTCFORs to unqualified applicants
Extensive dissemination and internalization of existing PNP policies, plans and programs
Emphasis on discipline, values, and leadership enhancement in trainings and seminars
Respon-sible and competent personnel
Imme-diate imple-mentation on the 1st Qtr 2005 to June 30, 2005
Con-tinuing activity thereafter
62
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR
TIME FRAM
E
INVESTIGATION
CASE FIXING (DAGDAG/BAWAS KASO, PLANTING/ TAMPERING OF EVIDENCE, BARGAINING WITH CRIMINAL OFFENDERS, ETC)
ABUSE OF AUTHORITY/
BRIBERY AND EXTORTION (“KOTONG”, HULIDAP”, FRAME-UP, ETC,)
PROTECTION RACKET
RECYCLING OF EVIDENCE
IRREGULARITY IN THE SERVICE OF WARRANTS
BUREAUCRATIC “RED TAPE”/BRIBERY AND EXTORTION IN THE ISSUANCE OF IRS, CLEARANCES, ETC.
Prepare and maintain compendium of anti-corruption laws, rules and regulations
Dissemination and distribution of the compendium to all units.
Regular conduct of seminars and P I & E.
Increase public awareness on the various PNP Public Assistance and Complaint Centers or Community Action Center.
Number of Compendium/ information materials published
Number of seminars/PI & E conducted
63
CORRUPT PRACTICES COUNTER-MEASURES INDICATOR TIME
FRAME
LOGISTICS
ON PROCURE-MENT
Pre-bid malpractice
Rigged Bidding
Manipulation of Test and Evaluation of delivered items for acceptance
Delayed payment of claims
Ghost/Under delivery
Delivery not according to specifications
ON SUPPLY
• Inequitable distribution of supplies
• Pilferage• Poor
inventory control management
ON DISPOSAL
Misdeclaration of status of vehicles & other equipment
Issue SOP on all BAC members to discourage connivance
All personnel involve in procurement with RA 9184 “The Government Procurement and Reform Act”
Provide info on procedures or publication of the resolution made by test and evaluation sub-comittee
Establish clear-cut policies in the processing of documents by the chief of office concerned
Immediate introduction of Government Electronic Procurement System (GEPS)
Warehouse personnel should be trained in warehousing and the use of stock cards for inventory control
All members of Disposal Committee should be knowledgeable in SOP on Disposal of government property
No. of
seminars in RA 9184 conducted
No. of Test & Evaluation properly conducted
Dissemi-nation of guidelines on pre-qualification & pre-acceptance
Transparen-cy in the information on supply distribution
Starting February 1, 2005
64
CORRUPT PRACTICES
COUNTER-MEASURES
INDICA-TOR
TIME FRAME
COMPTROLLERSHIP
MISUSE OF GOV’T FUND
Delay in Release of Fund
Juggling of Object Classes
Throwback
MALVERSATION
Fraudulent Claims Misappropriation/ Self-Appropriation/ Stealing
Other Corrupt Practices
Delay of Remittance
Delay in Release of Funds
Trust Receipt Anomalies
- Preferential Distribution - Misdeclaration
of Collection Delay – “Benta”
Conduct of PI & E/Seminar/
Workshop on the PNP Budget System, Anti-Corruption Law and Regulations
Compilation and distribution of Law and Regulations Pertinent to fund accountability down to the police stations
Freque
ncy of PI & E/
Seminar/Work-shop con-ducted
Nr of com-pedium distri-buted
Weekly – starting 1st Week of Feb
Dis-tributed to all Police Stations by 2005
65
66
CORRUPT PRACTICES
COUNTER-MEASURES
INDICA-TOR
TIME FRAME
PERSONNEL
RECRUITMENT/PLACEMENT PROMOTION
Undue political and other interventions (Palakasan”/
Kinship etc)
Bribery / Extortion
Transparency on Recruitment/Promotion/Placement
Strict implementation of laws and policies (crim/admin)
Strict adherence to the doctrine on command responsibility
Quick Resolution of cases
Publication of successful cases
Strengthen the grievance machinery
Stiffer sanctions
Zero tolerance
Protection of “ whistle blower”
Strengthen CI monitoring
Effective prosecution and disciplinary action
Project Item Card
Focusing on Locator’s Chart
Strict adherence to provision on leave
Number of publication released thru tri-media
Nr of cases filed against erring personnel-convicted/dis-missed/relieved
Nr of anti-corruption complain and action centers established
Nr of scty directive issued/imple-mented
for whistle blower
Nr of whistle blower protected
Nr of trng conducted on CI
Nr of CI reports converted into cases
Nr of complaints received/re-solved
Percentage of compliance to item card/locator chart from RHQ to station level
Starting 1st Quarter 2005 and con-tinuing
67
CORRUPT PRACTICES COUNTER-MEASURES INDICATOR TIME
FRAME
PERSONNEL
RETIREMENT
RED TAPE in processing claims
Delay in the payment of retirement and other claims
Retirees over burdened with documentary requirements
Presence of fixers victimizing retirees
AWARDS AND DECORATIONS
Delay in giving awards/decorations to deserving PNP personnelPa-lakasan”/”Bata-bata”
system “Doctored”
Accomplishment Report
68
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR TIME
FRAME
PERSONNEL
TRAINING
““Palakasan” System On Schooling (Local/
Abroad)
Bribery to avoid/avail schooling
Financial opportunism by trainers/Ins-tructors of training units like “IssueMatik” etc.
OTHERS: Moonlighting
Pay-Off (15/30)
69
CORRUPT PRACTICES COUNTER-MEASURES INDICATOR TIME
FRAME
PERSONNEL
DISCIPLINE
Case fixing in the administra-tive investi-gation
Delay in Case
Resolution
Quick resolution of complaints
Effective prosecution and disciplinary action
Publication of successful cases
HEALTH SERVICE
Confinement/Discharge of patients due to material gain without proper personnel accounting
70
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR
TIME FRAM
E
INTELLIGENCE
GRAVE ABUSE OF DISCRETION ON INTEL FUND DISBURSEMENT
Strict observance of the provision of RA 3019 ( Anti Graft & Corruption Practices) on government financial transactions.
Nr of reports received & nr of offenders penalized
Februa-ry
2005
SELLING OF CLASSIFIED INFORMATION
FABRICATION OF INFORMATION FOR EXTORTION PURPOSES
Strict observance of RA 6713, on Code of Conduct, i.e., disclosure and misuse of confidential information Strict observance of RA 6713, on Code of Conduct, i.e., disclosure and misuse of confidential information
Nr of reports received & nr. of offenders penalized
71
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR
TIME FRAM
E
INVESTIGATION
CASE FIXING
(DAGDAG/BAWAS KASO, PLANTING/ TAMPERING OF EVIDENCE, BARGAINING WITH CRIMINAL OFFENDERS, ETC)
ABUSE OF AUTHORITY/
BRIBERY AND EXTORTION (“KOTONG”, HULIDAP”, FRAME-UP, ETC,)
PROTECTION RACKET
RECYCLING OF EVIDENCE
IRREGULARITY IN THE SERVICE OF WARRANTS
BUREAUCRATIC “RED TAPE”/BRIBERY AND EXTORTION IN THE ISSUANCE OF IRS, CLEARANCES, ETC.
Speedy disposition/ reso-lution of Admin Cases
Immediate relief and investigation of erring personnel
Transparency of all investigations.
Regular Inventory of all confiscated “high value” items, e.g. vehicles, etc
Speedy preparation of reports
Immediate relief and investigation on of erring personnel
Number of Admin Cases filed and resolved
72
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR TIME
FRAME
OPERATIONS
Abuse of authority for personal gain
Bribery (“lagay”, “patong”)
Extortion (“kotong”, “hulidap”)
Theft during the conduct of police operations
Granting of PTCFORs to unqualified applicants
Strict application of the punitive sanctions for violation of PNP rules and regulations
Speedy disposition/ resolution of cases
Transparency in all police transactions and operations
Intensified counter-intelligence effort against illegal activities of personnel
Reduced number of personnel violating PNP rules and regula-
tions
Im-mediate imple-men-tation on the 1st Qtr 2005 to June 30, 2005
Con-tinuing activity there-after
73
CORRUPT PRACTICES COUNTER-MEASURES INDICA-
TORTIME FRAM
E
LOGISTICS
ON PROCUREMENT
Pre-bid malpractice
Rigged Bidding
Manipulation of Test and Evaluation of delivered items for acceptance
Delayed payment of claims
Ghost/Under delivery
Delivery not according to specifications
ON SUPPLY
Inequitable distribution of supplies
Pilferage Poor
inventory control management
ON DISPOSAL
Misdeclaration of status of vehicles & other equipment
Strict Adherence to Gov’t Procurement Reform Act (GPRA) or RA 9184
Publication of Blacklisted Suppliers and filing of appropriate charges
Transparency by way of publishing distribution of supplies
Strengthen inspection or Monitoring Committees
Periodic conduct of Counter-Intelligence measures on personnel involved in procurement
Supply distribution should be in accordance with the approved distribution program
Public bidding for disposal of government properties should be a rule rather than an exception
No. of
vouchers dis-allowed by COA
No. of products rejected
No. of Counter-Intel-ligence activities con-ducted
Starting Feb-ruary 1, 2005
74
CORRUPT PRACTICES COUNTER-MEASURES INDICATOR TIME
FRAME
COMPTROLLERSHIP
MISUSE OF GOV’T FUND
Delay in Release of Fund
Juggling of Object Classes
Throwback
MALVERSATION
Fraudulent Claims
Misappropriation/ Self-Appropriation/ Stealing
Other Corrupt Practices
Delay of Remittance
Delay in Release of Funds
Trust Receipt Anomalies
- Preferential Distribution - Misdeclaration
of Collection Delay – “Benta
Creation of “Integrity Circle”/ Anti-Corruption Committee within each unit*
Protection and incentive to Whistle Blower
Setting up of a Reporting System thru Text and other Tri-Media to all those involved in fund-related corrupt practices i.e. “Benta”, throwback, conversion, etc.
Nr of Integrity Circle/Anti-Corruption Committee created
Percentage completion
1st Qtr 2005
Com-pleted on or before Mar 2005
75
76
CORRUPT PRACTICES
COUNTER-MEASURES
INDICA-TOR
TIME FRAME
PERSONNEL
RECRUITMENT/PLACEMENT PROMOTION
Undue
political and other interventions (Palakasan”/Kinship etc)
Bribery / Extortion
Invite selected representatives from religious groups in the Recruitment Board to act as observers
Use of tri-media to publish/report, process and progress of recruitment
Conduct of regular press briefing/updates every after session or activity of the Recruitment/Promotion/Placement Board
Tapping of experts from NBI, PMAP and the academe (both local and foreign) as instructors, resource speakers in their field of expertise
Availability/presence of representatives from the religious sector
Nr of publication released thru tri-media
Nr of press releases and radio /TV broadcasts pertaining to PNP Recruitment/Pro-motion/
Placement
Increase in the number of
experts tapped as resource speakers during trainings conducted by PNP units
Recruitment/
Promo-tion period
On Place-ment, starting 1st Quarter 2005
77
CORRUPT PRACTICES COUNTER-MEASURES
INDICA-TOR
TIME FRAME
PERSONNEL
FORGING PARTNERSHIP thru:
Coordination and consultation with LGEs and local political leaders by RDs/PDs/COPs to come up with MOA to pre-screen and recommend only the best and qualified applicants based on PNP Qualification Standards
Strengthen networking with other government agencies, developmental partners/funding institutions such as DBP, UNDP, World Bank etc.
Strengthen Feedback Mechanism:
Encourage reporting by the community thru PNP TEXT 2920, Patrol 117 and other means of communications
Limitation of quota/recomendees to those who are qualified
Nr of MOA on partnership forged/signed with other agencies/NGOs
-Nr of Association and Organization supportive of the PNP
Support/assistance from donor institutions
Nr of complaints/
cases received/
resolved
Recrui
t-ment/
Promo-tion period
On Place-ment, starting 1st Quarter 2005
Starting 1st quarter 2005
78
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR TIME
FRAME
PERSONNEL
RETIREMENT
RED TAPE in processing claims
Delay in the payment of retirement and other claims
Retirees over burdened with documentary requirements
Presence of fixers victimizing retirees
AWARDS AND DECORATIONS
Delay in giving awards/decorations to deserving PNP personnel
“Palakasan”/” Bata-bata” system “Doctored”
Accomplishment Report
79
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR TIME
FRAME
PERSONNEL
TRAINING
““Palakasan” System On Schooling (Local/Abroad)
Bribery to avoid/avail schooling
Financial opportunism by trainers/Ins-tructors of training units like “IssueMatik” etc.
OTHERS Moon lighting
Pay-Off (15/30)
Strengthen
witness/complainant protection mechanism
Complain
a-nt/witness protected
Respon-dent suspended in case of harass-ment
Starting 1st quarter 2005
80
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR TIME
FRAME
PERSONNEL
DISCIPLINE
Case fixing in the administrative investigation
Delay in Case
Resolution
HEALTH SERVICE
Confinement/
Discharge of patients due to material gain without proper personnel accounting
81
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR
TIME FRAM
E
INTELLIGENCE
GRAVE ABUSE OF DISCRETION ON INTEL FUND DISBURSEMENT
SELLING OF CLASSIFIED INFORMATION
FABRICATION OF INFORMATION FOR EXTORTION PURPOSES
Strengthen relationship with private or
community-based organizations to monitor and report corrupt practices.
No. of interactions made
Start Feb-ruary 2005
82
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR TIME
FRAME
INVESTIGATION
CASE FIXING
(DAGDAG/BAWAS KASO, PLANTING/ TAMPERING OF EVIDENCE, BARGAINING WITH CRIMINAL OFFENDERS, ETC)
MOA with legal luminaries Lawyers’ League, etc. (IBP, PAO and concerned NGOs in case tracking.
Number of Agreements forged
1st Qtr, 2005
onwards
ABUSE OF AUTHORITY/
BRIBERY AND EXTORTION (“KOTONG”, HULIDAP”, FRAME-UP, ETC,)
Improved community reporting system; encourage citizens to report and file formal complaints (PNP Text 2920, Patrol 117 and various fora)
Tapping of anti-crime watchdogs and NGOs
Number of reports received through the PNP Text 2920, Patrol 117
Number of associations and Organiza-tions supportive to the PNP
1st Qtr, 2005onwards
83
CORRUPT PRACTICES COUNTER-MEASURES INDICATOR
TIME FRAM
E
INVESTIGATION
PROTECTION RACKET
Improved community reporting system; encourage citizens to report and file formal complaints (PNP Text 2920, Patrol 117 and various fora)
Tapping of anti-crime watchdogs and NGOs
Number of reports received through PNP Text 2920, Patrol 117
Number of associations and Organizations supportive of the PNP
1st Qtr, 2005 onwards
RECYCLING OF EVIDENCE
MOA with legal luminaries Lawyers’ League, etc. (IBP, PAO and concerned NGOs to assist in the monitoring of cases
Number of Agreements forged
1st Qtr, 2005onward
s
IRREGULARITY IN THE SERVICE OF WARRANTS
MOA with legal luminaries Lawyers’ League, etc. (IBP, PAO and concerned NGOs to assist in the monitoring of cases
Number of Agreements forged
1st Qtr, 2005onward
s
BUREAUCRATIC “RED TAPE”/BRIBERY AND EXTORTION IN THE ISSUANCE OF IRS, CLEARANCES, ETC.
Improved community reporting system; encourage citizens to report and file formal complaints (PNP Text 2920, Patrol 117 and various fora)
Number of reports received through the PNP Text 2920, Patrol 117
1st Qtr, 2005onward
s
84
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR TIME
FRAME
OPERATIONS
Abuse of authority for personal gain
Bribery (“lagay”, “patong”)
Extortion (“kotong”, “hulidap”)
Theft during the conduct of police operations
Granting of PTCFORs to unqualified applicants
Strict application of the punitive sanctions for violation of PNP rules and regulations
Speedy disposition/ resolution of cases
Transparency in all police transactions and operations
Intensified counter-intelligence effort against illegal activities of personnel
Reduced number of personnel violating PNP rules and regula-
tions
Imme-diate imple-men-tation on the 1st Qtr 2005 to June 30, 2005
Con-tinuing activity there-after
85
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR TIME
FRAME
LOGISTICS
ON PROCUREMENT
Pre-bid malpractice
Rigged Bidding
Manipulation of Test and Evaluation of delivered items for acceptance
Delayed payment of claims
Ghost/Under delivery
Delivery not according to specifications
ON SUPPLY
Inequitable distribution of supplies
Pilferage Poor
inventory control management
ON DISPOSAL
Misdeclaration of status of vehicles & other equipment
Mobilization/involve-ment of NGOs in the monitoring and counting of delivered supplies/items, etc.
Involvement of NGOs as observers in the conduct of public bidding
No. of NGOs invited as observers in the counting of goods/items delivered
Invitations by BAC to NGOs
Starting Feb-ruary 1, 2005
86
CORRUPT PRACTICES
COUNTER-MEASURES INDICATOR TIME
FRAME
COMPTROLLERSHIP
MISUSE OF GOV’T FUND
Delay in Release of Fund
Juggling of Object Classes
Throwback
MALVERSATION
Fraudulent Claims
Misappropriation/ Self-Appropriation/ Stealing
Other Corrupt Practices
Delay of Remittance
Delay in Release of Funds
Trust Receipt Anomalies
- Preferential
Distribution -
Misdeclaration of Collection
Delay – “Benta
Regular liaisoning with DBM and Private banks doing business with the PNP*
Secure technical assistance from Anti-Corruption Groups such as Coalition Against Corruption, Volunteer Against Crime and Corruption, etc.
Nr of liaisoning initiated
Technical assistance provided
1st Qtr, 2005 onwards
87
PNP ANTI-CORRUPTION WORKSHOP Development Academy of the Philippines Tagaytay City January 19-20, 2005
EXECUTIVE COMMITTEE
PDG EDGAR B AGLIPAYChief, PNP
PDDG VIRTUS V GIL
Deputy Chief PNP for Administration
PDDG REYNALDO V VELASCODeputy Chief PNP for Operations
PDIR ARTURO C LOMIBAO
The Acting Chief Directorial Staff
PANELISTS
PCSUPT NICOLAS Y PASINOSDirector for Personnel and Records Management
PDIR ROBERT C DELFINDirector for Intelligence
PCSUPT ISIDRO S LAPEÑA
Director for Operations
PCSUPT SERVANDO M HIZONDirector for Logistics
PCSUPT JAIME L LASAR
Director for Police Community Relations
PDIR QUIRINO D DELA TORREDirector for Comptrollership
PCSUPT VICTOR P LUGA
Director for Plans
PCSUPT DOROTEO A REYES IIDirector for Investigation
and Detective Management
PCSUPT MARCELO E NAVARRO JRDirector for Human Resourceand Doctrine Development
PCSUPT REYNALDO P VARILLA
Director for Research and Development
88
PNP ANTI-CORRUPTION WORKSHOP Development Academy of the Philippines Tagaytay City January 19-20, 2005
PDIR ARTURO C LOMIBAO The Acting Chief Directorial Staff Adviser PCSUPT ISIDRO S LAPEÑA, CSEE The Director for Operations Workshop Director PCSUPT SILVERIO D ALARCIO, JR Deputy Director for Operations Assistant Workshop Director FACILITATORS
PCSUPT VICTOR B BOCO - DDPRMPCSUPT JUAN R URANI, JR – Ex-O, DOPSSUPT GEORGE Q PIANO – Ex-O, DCPSSUPT RAYMUNDO E PADUA – C, PRD, IASPSSUPT PEDRO G ROSALES, JR – C, AFMD, IASPSSUPT FERNANDO C PACE – Ex-O, DPCRPSSUPT CLARENCE V GUINTO – C, CPPPD, DPRM PSUPT CARLOS F GADAPAN – C, PPD, DPLPSUPT JOSE M BELTRAN – AC, PPPD, DPRM
SECRETARIAT
PCSUPT JUAN R URANI, JR – Ex-O, DO/Head Secretariat
PSUPT RANDOLF R DELFIN – C, LED, DO/Asst Head Secretariat
PCINSP CONSTANCIO P ITEM – MemberPCISNP RAYMUND M LUZANO – MemberPSINSP LEILANI T TUBON – MemberPO3 Rodolfo M Dongiapon – MemberPO2 Nova G Billona – MemberPO1 Raul B Bolante – MemberPO1 Marwin B Pacapac – MemberMr. Edwin D Besande, NUP – Member
89
PNP ANTI-CORRUPTION WORKSHOP Development Academy of the Philippines Tagaytay City January 19-20, 2005
PARTICIPANTS
DIRECTORIAL STAFF
PSSUPT CHARLEMAGNE S ALEJANDRINO– Ex-O, DIDM PSSUPT RENATO DF HEREDIA - Ex-O, DIPSSUPT RODOLFO R TUTAAN – C, LTPD, DLPSSUPT CLARENCE V GUINTO – Ex-O, DPRM PSUPT RENE L CASTRO – C, SRD, DOPSUPT LIBERES B DUMANON – C, PPD, DPCRPSUPT HENRY Y DUQUE – C, MIS, DCPSUPT FRANCISCO A UYAMI – C, GDD, DHRDDPSUPT ROBERTO T BERNAL – C, PPD, DRDMs. Ester R Galvez, NUP - Planning Officer,DPL
NATIONAL SUPPORT UNITS
PSSUPT ROMULO M AQUINO - CDS, TMGPSSUPT EDELISO D PELONES - CDS, MGPSSUPT JOSEFINO G CATALUÑA - CDS, CIDGPSSUPT LINO DG CALINGASAN - CDS, PSPOPSSUPT ROMMEL DF HEREDIA - CDS, IGPSSUPT DANILO T EMPEDRAD - CDS, CSGPSSUPT DANIEL P JIMENEZ - CDS, LSSPSSUPT REYNALDO S FERNANDO - CDS, FS PSSUPT NICANOR A BARTOLOME - CDS, HSSPSSUPT EFREN D UBANA - CDS, ASGPSSUPT GONZALO M GUMAGAY - CDS, PCRG PSSUPT ARTURO B QUILOT - CDS, CLGPSSUPT BERNARDO C FLORECE - CDS, CSPSSUPT GETULIO P NAPEÑAS - CDS, SAFPSUPT JOSE C BUENAVENTURA, JR - CDS, CES PSUPT JUBAIRA A JUBAIL - CDS, HSPSUPT CELIA L REDISON - CDS, LSPSUPT ALBERTO L BARRAQUIEL - CDS, ESPCINSP CRESENCIANO A LANDICHO - CID, IASPCINSP ELEGIO A MATIVO - CDS, CHS
90
POLICE REGIONAL OFFICES
PSSUPT FELIZARDO M SERAPIO, JR - RCDS, PRO 1PSSUPT SAMUEL B DICIANO - PD, La Union PPOPSSUPT RAMON B GATAN - RCDS, PRO 2PSSUPT TEOFILO S MILLEZA - RCDS, PRO 3PSSUPT BENEDICT MICHAEL B FOKNO - PD, Bulacan PPOPSSUPT RICARDO I PADILLA - RCDS, PRO 4APSSUPT ROBERTO L ROSALES - PD, Cavite PPOPSSUPT VOLTAIRE M CALZADO - RCDS, PRO 4BPSSUPT ANTONIO C ATIENZA, JR - PD, Mindoro OccPSSUPT JULIUS D OVILLA - RCDS, PRO 5PSSUPT REYNALDO S RAFAL - RCDS, PRO 6PSSUPT LANI-O R NEREZ - RCDS, PRO 7PSSUPT MAX M CALIMLIM - PD, Cebu PPOPSSUPT FERMELIANO O SIEGA - RCDS, PRO 8PSSUPT FELIPE L PORTACIO - PD, Biliran PPOPSSUPT ISAH H ABDULLAH - RCDS, PRO 9PSSUPT CONRADO S MIÑANO - RCDS, PRO CORPSSUPT ISAGANI R NEREZ - CD, Baguio PPOPSSUPT ERIC Q JAVIER - RCDS, NCRPOPSSUPT JUFEL C ADRIATICO - PD, Zamboanga NortePSSUPT LEONIL A PALOMAR - ARCDS, PRO 11PSSUPT CONRADO E LAZA - CD, Davao Police Office 11PSSUPT WILLIE M DANGANE - RCDS, PRO 12PSSUPT CELSO J CURITANA - RCDS, PRO 13PSSUPT EFREN U ANGGO - CD, Butuan City POPSSUPT ISAGANI DC FERNANDEZ - OIC, RCDS, PRO ARMMPSSUPT FREDDIE O PANEN - CDS, CPDPSSUPT APOLINARIO G ALBAJERA - CDS, EPD PSSUPT ROBERTO M DAMIAN - CDS, NPDPSSUPT DANILO Q ABARZOSA - CDS, WPDPSUPT MANUEL G GAERLAN - C, RISOO, NCRPOPSUPT JOEL R BALORO - SPD, NCRPOPSUPT ROLANDO F MIRANDA - Stn Comdr, Stn 8, WPDPSUPT GENESIS L TOLEJANO - Stn Comdr,
Navotas Pol Stn, NPDPSUPT WILLY P ATUN - Stn Comdr, Stn 8, CPD PSUPT ELICIAR L BRON - COP, Tabaco City, Albay PPOPSUPT MARK EDISON B BELARMA - PD, Neg Occ PPOPSUPT ELBRIN Y CILEN - RCDS, PRO 10PSUPT REYNALDO A SINAON, SR - CD, Santiago City PSUPT GRACIANO J MIJARES - CD, Iligan CityPSI GREGORIO E GUZON - C, Plan Sec, ROPD
91
.
Annex “B”
Republic of the PhilippinesDepartment of the Interior and Local Government
NATIONAL POLICE COMMISSIONHEADQUARTERS PHILIPPINE NATIONAL POLICE
OFFICE OF THE CHIEF, PNPCamp Crame, Quezon City
SUBJECT : Letter of Instruction 62/05 (TASK FORCE ANTI- “KOTONG”) Updated
TO : See Distribution
REFERENCES:
a. SILG’s four Priority Actions for the PNP particularly on the operation versus “kotong” cops.
b. PNP Anti-Corruption Plan
c. PNP Transformation Plan
PURPOSE:
This LOI provides the operational guidelines on the intensified campaign against PNP personnel who are engaged in extortion activities such as “kotong”, “hulidap”, and other related illegal activities.
SITUATION:
Previous surveys ranked the PNP as one of the most corrupt Police organizations in Asia. This prompted the NHQ PNP to formulate the PNP Anti-Corruption Plan purposely to reform the PNP. As part of the implementation of the PNP Anti-Corruption Plan, LOI 05/05 that created Task Force Anti-“Kotong” was issued that resulted in the arrest of five (5) PCOs and eighteen (18) PNCOs for involvement in extortion activities for the period January to August 2005.
Despite the intensified effort to address corruption in the PNP particularly extortion or “kotong” in the street and in the workplace, a considerable number of reports from the public is still received complaining of “kotong” activities of some policemen.
Unless these illegal activities are effectively addressed, the PNP will continue to suffer from negative public perception.
There is a need, therefore, to intensify further the campaign against these illegal activities through an updated LOI on Task Force Anti-“Kotong”.
MISSION:
The PNP thru Task Force Anti - “Kotong”, shall conduct intensive operations against PNP personnel who are engaged in extortion activities including those locally referred to as “kotong”, “hulidap”, and other forms of related illegal activities.
92
V.EXECUTION:
Concept of Operation
The PNP Hqs shall strengthen the organization of Task Force Anti - “Kotong” to effectively act on all reports, information, and complaints of extortion activities such as “kotong”, “hulidap”, and other related illegal activities of PNP personnel. The TCDS shall head the Task Force with the Director for Investigation and Detective Management as the Deputy TF Commander.
While there is a Task Force organized to put to check “kotong” activities, the PNP unit and station commanders are required to exert an honest to goodness effort to really eradicate the corrupt practices of some of their personnel both in the street and in the workplace.
The implementation of this LOI carry with it the application of the Doctrine of Command Responsibility that makes commanders accountable for what his office does or fails to do.
In the workplace, PNP commanders must be wary of bribery or “lagay” especially in the conduct of investigation that allows suspects to get off the hook or initiating trumped-up charges to compel the respondent to shell out money or by materials of value.
This includes deliberate delay or refusal to serve arrest warrants for monetary consideration. In the street or outside the workplace, the most common is “lagay” committed along checkpoints victimizing “viajeros” either to facilitate passage or to spare their truck from getting inspected. Similar illegal act happens during traffic enforcement: cash for non-issuance of citation ticket, and the like.
The worse is “hulidap” where law enforcers “arrest” an innocent target, plant incriminating evidence, and forced to “buy” his liberty or face the humiliation of getting hauled to the police station, booked, and jailed.
These forms of “Kotong” activities by some PNP personnel totally bring down the credibility of the PNP organization if these are not quickly and seriously addressed. Strict implementation of this LOI is, therefore, a must to finally eradicate these corrupt practices. Special Operating Teams of all units and stations must go after the erring PNP members and should intensify their intelligence and investigative efforts to effectively curb these malpractices. Sanctions for these misdeeds must be seriously affected to deter others from committing similar offenses.
The support of the NGOs and the community in general is vital in achieving the end goal of this LOI as the complaints and information can be obtained through coordination and consultation with them. Media involvement is also necessary in promoting this LOI and in encouraging the public to relay information relative to “kotong” activities to the authorities. The program, “Isumbong Mo Kay Chief, PNP” is one forum where the public could present their complaints and grievances.
The National Support Units (NSUs) and the Police Regional Offices (PROs) shall create their own Task Groups with the Chief of the Directorial Staff (CDS) or the Chief Regional Directorial Staff (CRDS) as Task Group Commander.
93
Organizational Structure
TF COMMANDER(TDIDM)
DeputyTF COMMANDER
PAIG-SOTF(PD)
TFSECRETARIAT(LED , ODO)
SAF
RMG
PMG
IOD, ODI
RIID
PIIB
94
Counter-Measures:
Initiate a more aggressive intelligence and counter-intelligence efforts on suspected/reported “kotong” with the objective of identifying their runners/collectors, PNP personnel involved, other abusive law enforcement agents (e.g. LTO, MMDA, local traffic aides/enforcers) and their modus operandi.
Continuing patrols in areas where “kotong” activities are reportedly being committed or rampant with the intention of preventing and/or neutralizing perpetrators of such activities.Commanders at all levels must exercise their disciplinary authority expeditiously over their personnel at all times and must be able to resolve at their level cases of “kotong” activities. Encourage a thorough information campaign to vulnerable targets of “kotong” activities such as “viajeros” and the like to report perpetrators and to participate without fear in their prosecution.
Strengthen and intensify the implementation of this LOI and encourage total involvement within the command. Unit Commanders should be stricter in supervising and monitoring their personnel and their patrol areas and establish control measures to check their activities.
In areas where there are minimal activities of threat groups, as far as practicable, checkpoints should be discouraged. Instead, mobile patrols must be increased. Motorcycle riding cops and personnel manning legitimate checkpoints should not be allowed to wear PNP black jackets so that they can be easily identified in their uniform. As an essential factor to strengthen the Task Force Anti-“Kotong” a more holistic approach such as involving the participation of other law enforcement agencies on the street and in the workplace, becomes an imperative.
VI. TASKS:
The Chief of the Directorial Staff (TCDS) serves as the overall supervisor for the implementation of this OPLAN.
The TCDS will be assisted by the Director for Operations (TDO) in over-seeing the implementation of this OPLAN while the rest of the Directorial Staff shall provide administrative, operational, or technical assistance to the operating units and stations based on their inherent functions and specialization.
The Regional Directors, Provincial Directors, City Directors, and COPs of City/Municipal Police Stations shall serve as the operating/ground units for the implementation of this OPLAN with strict adherence to the concept of operations as herein provided for.
All units of the PNP are tasked accordingly under this LOI and shall perform, among others, additional tasks necessary within their mandate for the successful accomplishment of the mission herein specified.
95
TCDS
- Designated as Task Force Commander, Task Force Anti-“Kotong”.
TDIDM
- Designated as the Deputy TF Commander, TF Anti-“Kotong”.
- In charge of the case build-up, documentation, filing of cases, and prosecution of PNP personnel involved, and/or arrested in extortion activities,
TDO - Monitor the implementation of this LOI.
- Tabulate the operational accomplishments of NSUs and PROs on the campaign against “kotong” cops.
- Consolidate and prepare monthly accomplishment report on the campaign against “Kotong” cops for presentation to the TF thru TCDS.
TDPRM
- Issue appropriate orders to personnel involved in the implementation of the LOI.
TDI
- Provide timely intelligence information to the Special Operations Teams and the Task Groups as basis of police operations against PNP personnel involved in extortion “hulidap”/“kotong” activities.
TDPCR
- Assist the TF in mobilizing the community against “kotong”/“hulidap” policemen including the tri-media in coordination with concerned LGUs/NGOs.
- Monitor the program, “Isumbong Mo Kay Chief PNP” and the reports through PNP TXT 2920 and forward the same to the TF.
Dir, CIDG
- Organize and deploy Special Operations Team to implement the campaign against “kotong” in support to the TF.
- Develop information and conduct entrapment operations, if necessary, to arrest and file appropriate charges against PNP personnel involved in extortion activities.
96
Dir, IG
- Organize and deploy Special Operations Team on the campaign against “kotong” in support to the TF.
- Develop intelligence information and provide them to the concerned Task Groups for the conduct of immediate police operations against PNP personnel involved in extortion activities.
Dir, CLS
- Provide appropriate technical and/or forensic support to the TF.
Dir, LS
- Provide appropriate legal service to the TF.
Dirs, NSU and RDs, PRO
- Organize and activate a Task Group in respective units/offices with the Chief of the Directorial Staff or the Chief of the Regional Directorial Staff as Task Group Commander.
- Task Group Commanders shall submit their respective IMPLANs and program of activities upon receipt of this LOI.
- The Task Groups shall conduct appropriate police operations to immediately neutralize, arrest, and bring to court PNP personnel who are involved in “kotong” or “hulidap” and other related extortion activities.
- Submit a weekly report of accomplishments to the Task Force Commander thru the TDO. (See attached report format)
COORDINATING INSTRUCTIONS:
- Lateral coordination with other government agencies and all sectors of community is encouraged.
- Tasked offices/units shall operate on existing logistical and financial resources.
- All other applicable issuances/directives not in conflict with this LOI are still in effect.
- This LOI takes effect upon approval. ARTURO C LOMIBAOPolice Director GeneralChief, PNP
Copy furnished:Command Group
DISTRIBUTION:D-Staff
RDs, PRODirs, NSU
97
Annex “C”
Republic of the PhilippinesDepartment of the Interior and Local Government
NATIONAL POLICE COMMISSIONNATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE
OFFICE OF THE CHIEF, PNPCamp Crame, Quezon City
SUBJECT : Letter of Instructions 44/06 “HONESTY TEAMS”
TO : See Distribution
I. REFERENCES:
PNP Integrated Transformation Plan. PNP Anti-Corruption Plan.
II. PURPOSE:
This LOI prescribes the operational guidelines to be followed by the police units in enhancing the image of the Philippine National Police through a comprehensive program to weed out erring PNP personnel engaged in extortion or “kotong”, “hulidap”, mulcting, bribery, and other forms of illegal activities.
III.SITUATION:
Despite the government intensified anti-corruption campaign, the NHQ PNP is still receiving numerous complaints from the general public of extortion or “kotong”, “hulidap”, mulcting, bribery, and other forms of illegal activities by some PNP members in the street and in the workplace.
These illegal activities usually occur but not limited on the following: during the conduct of an investigation; issuance of PNP clearances/licenses; traffic violation; illegal vending; and delivery of goods, fruits, vegetables, livestock, meat/fish by traders or “viajeros”. Some are involved in “hulidap” or arresting people on trumped-up charges and demanding settlement money. They also prey on PNP personnel who seek reassignment or promotion.
IV. MISSION:
The NHQ PNP through the Police Regional/District (NCR)/Provincial/ City Offices shall organize “HONESTY TEAMS” to conduct an intensive nationwide campaign against erring PNP personnel engaged in extortion or “kotong”, “hulidap”, mulcting, bribery, and other forms of illegal activities.
98
V. EXECUTION:
a. Concept of Operations
The operational concept of this LOI consists of three (3) components: (1) Target Areas/Personalities Acquisition; (2) Reinforcement of PNP Core Values; (3) Neutralization Operations.
Diligent intelligence gathering shall be undertaken to identify the units/offices and areas of deployment, susceptible to acts or transactions that might lead to extortion or “kotong”, “hulidap”, mulcting, bribery, and other forms of illegal activities including the personnel who are likely to commit or those who are already involved in such illegal acts.
Active and consistent education and information dissemination campaign shall be initiated in all PROs, prioritizing those police units/offices and areas of deployment that have been identified to be vulnerable to commission of misdemeanors, with particular focus on already known target personalities. The education campaign shall concentrate in inculcating the core values of the PNP organization in order to avoid the occurrence or commission of illegal acts that are subject of the LOI.
Those involved or who will persist in their nefarious activities will be arrested and criminally charged without prejudice to administrative sanctions.
The PNP TEXT 2920, walk-in complaints, CI activities, and dialogue with concerned sectors, i.e., transport, etc. shall serve as feedback mechanisms to reinforce the efforts of the PNP in formulating strategies to rid corruption within its ranks.
b. Organizational Structures of “HONESTY TEAMS”
b.1 All PROs except NCRPO
C, RLAS
DRDO Head
ROPD/R3
RLD/R4
RDPCR/R7
RCD/R6
RIID/R2
NCR DistrictsOperating
Team
NCR DistrictsOperating
Team
NCR DistrictsOperating
Team
Regional Honesty Teams
NCR DistrictsOperating
Team
NCR DistrictsOperating
Team
NCR DistrictsOperating
Team
City Honesty Teams
NCR DistrictsOperating
Team
NCR DistrictsOperating
Team
NCR DistrictsOperating
Team
Provincial
Honesty Teams
99
b.2 NCRPO
C, RLAS
DRDOHead
NCR DistrictsOperating
Team
NCR DistrictsOperating
Team
NCR DistrictsOperating
Team
District (NCR)
Honesty Teams
NCR DistrictsOperating
Team
NCR DistrictsOperating
Team
NCR DistrictsOperating
Team
Regional Honesty Teams
ROD/R3
RDPCR/R7
RCD/R6
RID/R2 RLD/R4
RIDMD/R8
TASKS:
NHQ-PNP
TDO
- Monitor and supervise the strict implementation of this LOI.
- Perform other tasks as directed.
TDI
- Conduct intelligence monitoring on erring PNP personnel engaged in the aforementioned illegal activities.
- Provide intelligence support to the “HONESTY TEAMS”.
- Perform other tasks as directed.
TDIDM
- Monitor the status of cases and supervise the conduct of investigation and filing of appropriate charges against those PNP member/s involved.
- Submit monthly statistics on PNP personnel involved in any of the aforementioned illegal activities to TDO (Attn: LED).
- Perform other tasks as directed.
100
TDPCR - Help and support the “HONESTY TEAMS” in tapping tri-media for public information on the PNP’s campaign against PNP personnel involved in extortion or “kotong”, “hulidap”, mulcting, bribery and other forms of illegal activities.
TDL – Provide logistical support to the “HONESTY TEAMS” organized in the RHQs, Police Districts (NCR), and Provincial/City Offices.
TDC – Provide fund support to the “HONESTY TEAMS” organized in the RHQs, Police Districts (NCR), and Provincial/City Offices.
National Support Units
Dir, LS – Provide appropriate legal assistance to the Regional/District/Provincial/City “HONESTY TEAMS”.
Dir, IG – Furnish the DRDOs being the Head of “HONESTY TEAMS”, a copy
of weekly Intelligence Brief focusing on the first component of this operational concept - Target Areas/Personalities Acquisition.
Other NSUs – Provide necessary support to the Regional/District/Provincial/City “HONESTY TEAMS”.
Regional Directors, PROs 1-13, COR, ARMM and NCRPO
- Organize “HONESTY TEAMS” in the Regional, District (NCR), Provincial and City District levels.
- Designate Deputy Regional Director for Operation (DRDO), as the Head of “HONESTY TEAMS”.
- The designated Head is tasked to supervise the activities of the Regional/NCR Districts, PHQs, and CPOs “HONESTY TEAMS”.
- Undertake the three (3) components of the operational concept of this LOI, namely:
Target Areas/Personalities Acquisition. Reinforcement of PNP Core Values. Neutralization Operations.
- Submit report of accomplishments to the CPNP thru TDO (Attn: LED) after one (1) month of effectivity of this LOI and monthly thereafter.
COORDINATING INSTRUCTIONS:
- Respect for human rights shall always prevail. - Lateral coordination with other government agencies and all sectors of
community is encouraged.
- All operations of the “HONESTY TEAMS” shall be documented/recorded and result of operations shall be submitted to the TF Commander.
101
- The Chiefs of Offices shall be held liable under the doctrine of Command Responsibility for abuses of their respective personnel.
- To avoid duplication of policies in addressing corruption in the PNP, the TF Anti-Kotong created pursuant to LOI 05/05 is hereby deactivated.
- The “HONESTY TEAMS” shall absorb all duties and functions of the TF Anti-Kotong
- All other applicable issuances/directives not in conflict with this LOI are still in effect.
- This LOI shall take effect immediately.
- Submit your respective IMPLANs relative to this LOI.
OSCAR C CALDERONPolice Director GeneralChief, PNP
Distribution: D-Staffs RDs, PROs Dirs, NSUs Copy furnished: Command Group
102
Annex “D”
103
104
105
106
107
108
109
110
111
112
113
114
Annex “E”
TO : D-StaffP-StaffRDs, PROSDs, NSUs
SUBJECT : Rules on Gifts and Benefits
1. References:
a. RA 6713 otherwise known as the “Code of Conduct and Ethical Standard for Public Officials and Employees”; and
b. Ombudsman Office Order No. 05-15 dated January 25, 2005, Subject: Rules on Gifts and Benefits.
2. Section 2, RA 6713 provides that: “It is the policy of the State to promote a high standard of ethics in public service. Public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, morality, loyalty and efficiency, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest.”
3. Likewise, Section 4 (b) provides that: “Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism intelligence and skill. They shall enter public service with utmost devotion and dedication to duty and shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.”
4. Moreover, Section 7 (d) of the same act provides that: “Public officials and employees shall not solicit or accept directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties in connection with any operation being regulated by or any transaction which may be affected by the functions of their office.”
5. In the light of Her Excellency’s thrust on the three (3) significant pillars of good governance, namely: a sound moral foundation; a philosophy of transparency in all transactions; and an ethic of effective implementation, PNP personnel shall extend prompt, courteous and adequate service to the public guided by the principle that “Public office is public trust”.
FROM : Chief, PNP
Republic of the PhilippinesNATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERSPHILIPPINE NATIONAL POLICE
OFFICE OF THE CHIEF, PNPCamp Crame, Quezon City
Memorandum
115
6. To promote positive values and attitudes within the rank and file of the force and enhance public trust for the Police Institution, the following rules on gifts and benefits are hereby prescribed:
a. PNP personnel shall adhere to the provisions of RA 6713 otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees” and the “PNP Code of Professional Conduct and Ethical Standard”;
b. PNP personnel shall not solicit directly or indirectly gifts and/or benefits for themselves or for others in any form or value;
c. PNP personnel shall not directly or indirectly accept or receive any gift from any party which may influence their official actions or which might reasonably be perceived as influencing or improperly relating to past, present or future performance of their official functions;
d. In the course of the performance of their official functions, PNP personnel shall not accept any fee or remuneration beyond what they are legally entitled to receive in their official capacity in accordance with law;
e. PNP personnel shall not accept nor receive gifts and/or benefits, directly or indirectly from any of the following:
PNP personnel’s superiors, peers or subordinates; Complainants, accused or any arrested persons; Defense counsels of both complainants and/or accused; Relatives and friends from different sectors of either accused or
complainants; Suppliers, contractors and their agents; and Other parties transacting business with the office.
f. PNP personnel shall not solicit in terms of raffle tickets, donations, bingo games, sweepstakes or other forms of fund raising activities;
g. PNP personnel shall not allow any “fixer” or act as one inside or within the perimeter of their offices; and
h. Gifts or benefits left at the office shall be immediately returned to the giver in a courteous or non-offensive manner. In circumstances where it is considered inappropriate or impractical to return the said gifts or benefits, it shall be immediately handover to the head of the office who will determine on how to properly dispose the same.
7. However, the above rules shall not apply to the following:
Gifts and/or benefits received by the Unit/Office as an institution from other offices or organization, including grants and donations;
Gifts or cash award given by the Unit/Office to its personnel during Anniversary and Christmas celebrations;
Gifts exchanged on occasions of Christmas celebrations among personnel;
116
Performance-based cash rewards, scholarship grants and similar benefits granted to PNP personnel by appropriate government agencies, private institutions, or national or international organizations.
8. Any violation of these Rules shall be a ground for disciplinary action, without prejudice to the filing of appropriate administrative and/or criminal charges, if warranted by evidence against the erring PNP personnel.
9. For strict compliance and widest dissemination.
OSCAR C CALDERON
Police Director General