CHAPTER 10:

COPING WITH CORRUPTION THROUGH WORK ETHIC AND

ACCOUNTABILITY IN PUBLIC SERVICE

#1.DaniloNopal

“Transparency International” Transparency International (TI) is a global coalition against corruption. It is an

international organization dedicated to documenting and tracing levels of government corruption.

Table 16. 2008 CPI in Some South East Asian Countries by Transparency International

Country Rank

Some SEA Countries 2008 CPI Survey Used*

Confidence Rating

4 Singapore 9.2 9 9.0-9.3 47 Malaysia 5.1 9 4.5-5.7 80 Thailand 3.5 9 3.0-3.9 121 Vietnam 2.7 9 2.4-3.1 126 Indonesia 2.6 10 2.3-2.9 141 Philippines 2.3 9 2.1-2.5 145 East Timor 2.2 4 1.8-2.5 151 Laos 2.0 6 1.6-2.3 166 Cambodia 1.8 7 1.7-1.9 178 Myanmar 1.3 4 1.0-1,5

*Survey Used” Refers to the number of surveys that was used to assess a country’s performance. 17 surveys were used and at least three surveys were required for a country to be included in the

Corruption Perception Index (CPI).

**Corruption 0 to 10: A score of “10” means politics is totally clean while a score of “0” means

that it is totally corrupt.

As stated, Transparency International ranked Philippines as the 141st most corrupt government in the world in 2008. Corruption in the country is very high; politics is very

dishonest as compared to other neighboring Southeast Asian states. On the contrary, Transparency International also identified 10 of the most clean and honest states in the world as shown in the table.

Table 17. 2008 Transparency International’s Most Clean and Honest Government and Politics

Country

Rank

Most Clean and

Honest Countries

2008 CPI Survey

Used

Confidence

Rating

1 Denmark 9.3 6 9.1-9.4

1 New Zealand 9.3 6 9.2-9.5

1 Sweden 9.3 6 9.2-9.4

4 Singapore 9.2 9 9.0-9.3

5 Finland 9.0 6 8.4-9.4

5 Switzerland 9.0 6 8.7-9.2

7 Iceland 8.9 5 8.1-9.4

7 Netherlands 8.9 6 8.5-9.1

9 Australia 8.7 8 8.2-9.1

9 Canada 8.7 6 8.4-9.1

#2. Angelica Cases

“Corruption Everywhere” Corruption means that something has been changed so that it no longer meets its proper

purposes. In the Philippines particularly, corruption is understood as “the misuse of public power

for private profit.” In political democracy, our concern with corruption is with officials performing their public tasks improperly in order to receive personal benefits.

Corruption exists not only in government bureaucracies; they do dwell in the private sectors as well. But the question of corruption is more public in scope, involving government

officials and even employees alike. Corruption as a distortion to government efficiency and accountability has been present since time immemorial, and it seems though there is not much we can do about it.

The goals of efficiency and accountability have been sacrificed in favor of some politicians. Corruption is not something society should tolerate. Nevertheless, corruption does

exist everywhere, it is worse in some places than on others so there are things we should do about it, after all, widespread corruption breeds political instability.

“It is worth noting that corruption is not equally pervasive everywhere, and that should give us some hope. If it varies, there must be reasons that cause it to be greater in one place than

another. Unfortunately, a number of these reasons do not offer much leverage. Societies undergoing rapid change often appear susceptible to corruption, partly because norms of behavior are in flux, so people do not have stable moral guides for behavior and partly because

there are so many opportunities for corruption in a situation of rapid economic change.”

-Shively (Political Analyst)

#3. Veronica Louise Lucero

“Ethics and Governance” The integration of moral values and ethical standards in public administration is one

effective strategy of responsive and good governance in the midst dishonesty, corruption, and mediocrity in the public service. Ethical values traits would ensure proper guidance among government employees only if these moral recovery principles areenforceable in actions among

all public officials and employees, and punitive in character whenever violated, suppressed or restricted personal advantage.

Ethics is gaining prominence in the discourse about governance today. There is a perception that standards in public life are in decline. This raises questions about the costs of

misconduct on the part of those who have been entrusted with guarding public interests and resources. These costs are losses in trust and confidence in public institutions and losses in

precious resources which were meant to support the economic and social development of nations and peoples.

#4.Reynan Ola

“Building an Honest to Goodness Civil Service” Honesty is the best policy, so public servant must have the values of being an honest person and they are expected to discharge his duties and responsibilities regard to the values of

accountability, honesty, transparency and neutrality.

As declared in the 1987 Philippine Constitution under Sec. 27, of Article II, provides a

leading declaration that the State shall maintain honesty and integrity in public service and take positive effective measures against graft and corruption.

The civil servants are driven in public purpose, public interest and public service, so they must not be selfish in their duties. However, in spite of all the efforts to keep the civil service

efficient, competent, accountable and professional, the civil service, together with officers and employees remain politically vulnerable to graft and corrupt practices.

#5. Peter John Torado

“A Call for Work Ethic and Renewal” Work ethic is a system of values in which central importance is ascribed to work or

purposeful activity and to qualities of character, believed to be promoted by work. For the

purpose of this chapter, work ethic refers to a set of values based on the moral virtues in public

service like honesty, accountability and professionalism.

Ethical behavior for civil servants is enshrined in numerous laws and regulations in the

Philippines. The Philippine Constitution for one sets, the legal framework of accountability of

public officials under Article XI, which is primarily predicated on the declaration that “public

official is a public trust.”

There is also the Code of Conduct and Ethical Standards (RA 6713) in 1989 for all

government officials and employees; the Anti-Graft and Corruption Practices Act of 1960

(RA 3019); the Administrative Code of 1987; Art. 212 (Section on Bribery) of the Revised

penal Law; the Anti-Red Tape Act of 2007 (RA 9485) and even the Moral Recovery

Program.

There are also three constitutional Oversight Bodies: the Office of the Ombudsman, the

Commission on Audit, and the Civil Service Commission.

The issue of graft and corruption has been a topmost concern perhaps of all top

government administrators in the country then and now. But, it appears that institutional efforts

failed to address corruption in government offices, and yet it became bigger and wider since even

those in top-level management are implicated.

#6.Zildjian Kwan

“A Case of Corruption: The People’s Perception” Main Forms of Corruption:

General bribery or gift-giving

Diversion of budget away from projects No transparency in public bidding

Overpricing procurement Doing substandard projects Underreporting of tax collection

Tax and tariff evasion Pork barrel fund

Cronyism

Most Number of Corruption Complaints Received by the Office of the Ombudsman in this order:

1. Department of Public Works and Highways (DPWH)

2. Department of Environment and Natural Resources (DENR) 3. Department of Education (DepED) 4. Bureau of Customs (BOC)/ Philippine Ports Authority (PPA)

5. National Irrigation Administration (NIA) 6. Bureau of Internal Revenue (BIR)

7. Department of Health (DOH) 8. Department of Interior and Local Government (DILG) 9. National Power Corporation (NAPOCOR)

10. Bureau of Immigration (BOI)

Three notable structural sources of corruption were identified:

1. That candidates must finance their own electoral campaigns, owing a debt of gratitude to many sponsors who call in favors when the candidates are elected

2. The incredibly poor compensation and reward system for civil servants 3. The poor enforcement of anti-corruption laws in the Philippines that renders corruption a

low risk, high reward activity.

Other causes of corruption in the Philippines are:

a. Wide discretion of bureaucrats b. Burdensome regulations and transactions systems

c. Weak control mechanisms d. Information asymmetry between the rich and the poor e. Weak public vigilance

f. Elements of Filipino political culture

#7.AilynCatolico

“The Culture of Corruption”

Corruption means a “failure to carry out proper or public responsibilities because of the pursuit of personal gain.” In many countries, graft and corruption has indeed become a culture or a way of life. The culture of graft and corruption is an administrative issue since time,

particularly in underdeveloped societies, and the Philippines is privy to this. In most cases, corruption has a material or narrowly financial character, its most particular political

manifestation is bribery or sleaze. Regarding politics, corruption is understood with officials performing their public tasks improperly in order to receive individual repayment.

Furthermore, studies of corruption in the Philippines point to these adversarial effects which include, but not limited to:

1. Wastage of public resources as when infrastructure projects are poor; and substandard and do not last their projected useful lifetime;

2. Low revenue collection, as when bribes are paid in lieu of taxes and charges in revenue

collecting agencies; 3. Other socially unfeasible behavior such as tax evasion and smuggling;

4. Cronyism, the highest form of corruption expressed in cartels and monopolies that reduce competitiveness in industry;

5. Increase in the cost of doing business in the country; and

6. Waste in the resources for development, which postpones the poor Filipino escape from poverty.

#8. Jayson Egana

“Public Office is a Public Trust”

Art. XI Sec. I of the 1987 constitution of the Philippines, states the accountability of public officials, in the wise: "Public Office is a Public Trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty,

and efficiency, act with patriotism and justice, and lead modest lives."

A public office has the following characteristics:

a. It is a public trust

b. It is not vested right

c. It is not a property

d. It cannot be inherited

A public office is the right, authority, and duty created and conferred by law, by which, for a given period, either fixed by law or enduring at the pleasure of the creating power to be

exercised by him for the benefit of the public.

#9.ConradoSaugon

“Public Officers and Employees in the Civil Service”

As a normative value, civil servants should be professional, competent, efficient and

responsive to the political and top administrators, committed to implement policies and programs, honest, and accountable to the people they should serve. The civil service or bureau

curacy is a major institution in democratic administration.

A public officer shall not be liable by way of moral and exemplary damages or acts done

in the performance of official duties, unless there is a clear showing of bad faith, malice or gross negligence.

Among rights of civil service officials and employees in the Philippines include:

In spite of the political values imposed upon them, the public officials and employees of the civil service shall likewise enjoy the following rights:

1. They have the right to be protected from their conditions of work and reassured of living

ages. 2. They have the right to make organizations or associations’ among themselves but are

prohibited to conduct strikes or rallies;

3. No officer or employee of the civil service shall be dismissed except for a cause. 4. They have the right to be paid regularly when they retired from service and to receive

pensions and gratuities by law

5. They have the right to overtime and holidays pays, including sick leave/ vacation leave with pay, maternity benefit allowances, and other benefits.

#10.DaniloNopal

“Anti-Graft and Corruption Practices” 1. Persuading, inducing or influencing another public officer to perform an act constituting

a violation of rules and regulations or an offense in connection with official duties or

allowing himself to be persuaded, induced or influenced to commit such violation or offense;

2. Directly or indirectly requesting or receiving any gift for himself or for any other person in connection with any contract between the government and other party;

3. Accepting or having any member of his family accept employee in a private enterprise

which has pending official business with him; 4. Causing and undue injury to any party, including the government or giving any private

party any unwarranted benefits in the discharge of his official functions; 5. Neglecting or refusing without sufficient justification to act within a reasonable time on

any matter pending before him;

6. Entering, or behalf of the government, into any contract that is grossly disadvantageous to the government;

7. Directly or indirectly having financial interest in any business or contract or in connection with which he intervenes or takes part in his official capacity;

8. Directly or indirectly becoming interested for personal gain in any transaction or act requiring the approval of the board, panel or group of which he is a part;

9. Knowingly approving or granting any license, permit in favor of any person not qualified;

10. Divulging valuable information of a confidential character.

#11.AilynCatolico

“Bureaucracy and Accountability” Bureaucracy- basically means rule by office.

Bureaucracy refers to: All the rules and procedures followed by government departments and similar organizations.

Accountability is a central problem for governments which are or claim to be democratic. The activities of civil servants and public agencies must follow the will of the people to whom they

are ultimately responsible. The publicness of their employment and goals thus prescribes their behavior and circumscribes their choices.

Two Forms of Accountability:

Internal Control in the bureaucratic accountability may take the form of ministerial direction,

formal regulation, competition between departments and professional standards.

External Control in the bureaucratic accountability may be in the form of criticisms from the

mass media, judicial branch or legislative department and/or the pressures from the Ombudsman.

Types of Accountability:

Traditional Accountabilityis a responsibility of the bureaucrat who has been given the authority to discharge a particular function as an expression of hierarchy-ordered legal

responsibilities. Managerial Accountabilityconcerns itself with efficiency and economy in the use of

public funds, property, manpower and other resources. Program Accountability is concerned with the results of government operations. Process Accountability emphasizes on procedures and methods of operation and focuses

on the black box inside systems which transforms inputs (the concern of traditional and managerial accountability) to the outputs (the concern of program accountability).

#12.Zildjian Kwan

“Code of Conduct and Ethical Standards for Public Officials”

In 1989, the Philippine legislature passed RA 6713, a law embodying the Code of

Conduct and Ethical Standards for Public Officials and Employees . According to a Civil

Service Commission Report on Ethics and Accountability in 2000, it is said that the Code spells

out in fine details the do’s and don’ts for government officia ls and employees in and out of the

workplace. These do’s and don’ts are encapsulated in the eight norms of conduct to be observed

by all government officials and employees.

Figure 20. Eight Norms of Code of Conduct and Ethical Standards

#13.ConradoSaugon

“Basis for Disciplinary Action” Under the Civil Service Law, the following acts shall constitute grounds for disciplinary measures, suspension, or removal from work of any public officer or employee. This is also reinforced under the Code of Conduct and Ethical Standards for Civil Service Officers and

Employees and the Moral Recovery Program and lists the following traits.

1. Dishonest 2. Oppression 3. Neglect of duty

4. Misconduct 5. Disgrace and immoral act

6. Being notoriously undesirable 7. Discourtesy in the course of official duties 8. Inefficiency in the performance of official duties

9. Bribery or other acts punishable under anti-graft laws 10. Conviction of a crime involving moral turpitude 11. Improper or unauthorized solicitation of contributions from subordinate employees

12. Falsification of official documents 13. Frequent unauthorized absences or tardiness

Code of Ethics

Commitment to Publ ic Interest

ProfessionalismJustness and

SincerityResponsiveness

to the PublicNationalism and

PatriotismCommitment to

DemocracySimple Living

14. Habitual drunkenness 15. Refusal to perform official duties

16. Disgraceful, immoral or dishonest conduct 17. Physical or mental incapacity or disability due to immoral or vicious habits

18. Borrowing money by superior officers from subordinates 19. Willful failure to pay just debts 20. Nepotism and many more..

#14. Angelica Cases

“A Political Commitment” The legal infrastructure that prescribes ethical conduct of public servants is reinforced by

political commitment. This political commitment, while difficult to benchmark, has been

demonstrated by some policy pronouncements. Quite significant is the 10-point action agenda of the government and the Medium Term Development Plan (2000-2004) which embody the framework for the country’s socio-economic development.

The agenda and the MTDP place the implementation of a sustained training and

orientation program on Anti-Graft and Corruption Practices Laws and on the Ethical Standards Act of Public Officials and Employees among the administration’s priorities to reduce graft and corruption and exact high standards of ethics in government.

#15. Peter John Torado

“The Role of the Ombudsman” As Watchdog

> it exercises oversights role by monitoring all the general and specific performance of

government officials and employees in order that the law may be administered and executed justly, fairly and equality for all. It also ensures that prompt efficient and steady flow of service is accorded to the citizens.

As Mobilizer

> it effectively enlists broad supports of multi-sectorial stakeholders by establishing a continuing partnership with other governmental agencies, a civil society, non- governmental

organization, business, academe, youth, and other major sectors of society for a nationwide campaign for integrity in public service the propagation of sound Filipino values of honesty, discipline, respect for elders and authority, as well as promotion of a transparent, accountable

and effective governance.

As Official critics

> it initiates the conduct of review of the policies systems, procedures and practices in the performance of the critical functions of specific government agencies and makes

recommendations for a systematic operation of the government machinery free from bureaucratic inconveniences and for adoption of strategies to address corruption vulnerabilities in their organization.

As Dispenser of justice

>It is administratively sanctions erring government officials and employees and criminal charges and prosecutes then including private persons founds to have conspired with them.

The Composition of Ombudsman shall be:

a. The Ombudsman

b. One overall deputy c. One deputy for Luzon

d. One deputy for Visayas e. One deputy for Mindanao f. A separate deputy for the Military Service

#16. Jayson Egana

“Oversight Bodies against Corruption” The 3 Constitutional Oversight Bodies

1. Office of the Ombudsman- is an ombudsman responsible for investigating and prosecutingPhilippine government officials accused of crimes, especially graft and

corruption. 2. Civil Service Commission- is a government agency that is constituted by legislature to

regulate the employment and working conditions of civil servants, oversee hiring and

promotions, and promotes the values of the public service. 3. Commission on Audit - is an independent constitutional commission established by

the Constitution of the Philippines. It has the primary function to examine, audit and settle all accounts and expenditures of the funds and properties of the Philippine government.

#17.Reynan Ola

“Anti-Red Tape Act (RA 9485)” RA 9485, otherwise known as the Anti-Red Tape Act, is the newest legislation signed by PGMA in June 2007 in an effort to ensure honesty and responsibility among public officials and employees. It shall be maintained through measures that shall promote transparency with regard

to the manner of transacting with the public.

Moreover, RA 9485 likewise holds the heads of the agencies accountable to the public in

the delivery of fast, efficient, convenient and reliable services and these can be easily done as the new Law requires the establishment of service standards or a Citizen’s Charter.

Any official or employee found guilty of violating the new Law’s provisions shall be sanctioned with varying level of penalties depending on the nature of violation. Grave offenses,

on the other hand, like fixing or colluding with fixers will merit dismissal or and perpetual disqualification from public office.

#18.DaniloNopal

“The Future of Corruption” The government has continuing initiatives to come up with more responsive public administration structures and processes are ongoing efforts to address the ever pervasive problem of corruption. Corruption or the “misuse of public power for private profit” inhibits growth and

development, distorts access to services for poor communities, undermines public confidence in the government’s will and capacity to serve the public, deters trade and investment, reduce

revenues, increases costs and propagates wasteful allocation and use of scare resources.

Various sectors of the society are doing their best to combat corruption, enhance

government efficiency, effectiveness, and accountability. It is noteworthy to state that institutions have been set up and several laws were enacted to fight against graft and corruption.

Coping with corruption in government includes a number of practical suggestions like public education program; acting as watchdogs; encouraging more the civil society for plunder

and corruption watch; living by good examples by highly public officials; changing incentive programs; professionalizing the bureaucracy.

International pressure can also help. Recently, a new international Transparency International was founded to help states around the world reduce corruption in their

governments.

#19. Veronica Louise Lucero

“Operational thrust of ethics and accountability” Without a strand of doubt, public officials become corrupt for personal enrichment. The material or physical gains one reaps from corruption is the motivation why this culture exists

or will continue to persist particularly among underdeveloped countries.

Corrupt officials often have strong, domineering personalities; they are popular and are viewed by colleagues as effective , thereby creating for themselves "space to maneuver"; they slowly “slide down toward corruption” and are unlikely to view themselves as corrupt;

and they “do not limit their corruption to one incident” but instead maintain “a long

institutionalized relationship" with their corruptors.

An agency's culture can encourage corruption, notably when “supervision of corrupt

official is not strong management has not promoted a clear integrity policy” and “loyalty

and solidarity” among colleagues both inside and outside the agency deter reporting of corrupt activities.

#20.Zildjian Kwan

“Levels of Ethics”

1. Personal Morality- is the basic sense of right and wrong. This is a function of our post and is dependent on factors such as parental influences, religious beliefs, cultural and

social norms. 2. Professional Ethics – public administrators increasingly recognize a set of professional

norms and rules that obligate them to act in a certain professional way. 3. Ethics in Organization – every organization has an environment or culture that includes

both formal and informal rules of ethical conduct

4. Social Ethics – the requirements of social ethics oblige members of a given society to act in ways that both protect individuals and further the progress of the group as a whole.

#21.AilynCatolico

“Towards Ethical and Accountable Governance” The public education program against corruption places extra premium on work ethic and accountability for government officials and employees in the bureaucracy. The need for moral

recovery is an utmost importance in redefining the political culture of the leaders and the public towards more responsive, professional and competent public administration.

The government though has been truly responsive to fighting against graft and corruption but officers and employees, whether elected or selected, must learn to institutionalize the laws against corruption particularly the Code of Conduct and Ethical Standards. If public servants

learned to value these pertinent laws and regulations and operationalized the requirements set by laws on how public service should be delivered will be marked with good governance instead.

#Reflection/ Conclusion:

Ethics

Personal Morality

Professional Ethics

Ethics in Organization

Social Ethics