Overview of Graft & Corruption in The Philippines, R. A. 3019, R. A. 6713 & Ombudsman Organization (R. A. 6770)
Overview of Graft & Corruption in The Philippines, R. A. 3019, R. A. 6713 & Ombudsman Organization (R. A. 6770)
Overview of Graft & Corruption in The Philippines, R. A. 3019, R. A. 6713 & Ombudsman Organization (R. A. 6770)
6770)
Atty. Pio R. Dargantes Graft Investigation & Prosecution Officer Office of the Ombudsman-Visayas
LAW a reasonable rule of action, promulgated by competent authority, for the common good.
Mala in se an act which is wrong in itself. Are provided for in the Revised Penal Code. Good faith is a defense.
Mala prohibita is wrong because it is prohibited. Provided under Special Laws. Good faith is not a defense.
DUE PROCESS OF LAW a process that hears before it condemns, proceeds upon inquiry, and renders judgment only after trial.
What is GRAFT?
The Act of taking advantage of ones position in government to gain money, property, etc. Committed by government officials and employees Example: Ghost contractor/ employees, falsification of time cards
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Dishonest dealing or the abuse of public power for private gain, May be committed by government officials and employees in conspiracy with private citizens
Example: Unnecessary purchases, secret commissions and/or kickbacks, bribery, graft, embezzlement, fraud, extortion, patronage, nepotism, cronyism.
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What is CORRUPTION?
The harmful effects of corruption are especially severe on the poor, who are hardest hit by economic decline, are most reliant on the provision of the public services, and are at least capable of paying extra costs associated with bribery, fraud, and misappropriation of economic privileges (World Bank- l997)
Table 2
Causes of Corruption
Ugly demands of electoral politics The misuse of patronage in political appointments The abuse of pork barrel funds The absence or weakness of leadership in key positions capable of inspiring and influencing conduct that abhors corruption The weakness of religious and ethical teachings Lack of education and massive poverty Absence of severe punitive measures Absence of environment conducive to noncorrupt and incorruptible behavior Red tape and bureaucratic delays in government
Consequences of corruption:
Leads to very poor quality of government services. Produces substandard quality of government
projects.
Lowers the effectiveness and efficiency of
government performance
Breeds distrust in one another, thereby destroying
Deters investors
turn leads to innumerable kinds of serious problems, that deprive government of public support and alienate public devotion to governments aims.
The Commission On Audit (COA) reports that corruption costs the government about 2 billion pesos every year (CSC, 1998)
20% to 30% of the Philippines national budget is lost to graft each year (Batalla 2000; Asiaweek 2002)
The World Bank (2000) and the Ombudsman (1997) reported that the Philippine government was losing $2 Billion a year or a whopping $48 billion in the last twenty years due to corruption, almost exceeding its entire foreign debt of US$ 55 Billion.
The government lost P1.4 trillion and continues to lose P100M daily since the Ombudsman began investigating corruption in government since 1988 (Phil.
Daily Inquirer, 10 July 1999)
45% of the Countryside Development Fund (Congressional pork barrel) is pocketed by members of Congress. Kickbacks from public work projects make up, on average, 30% of the total project cost (Enriquez 1998).
COUNTRY CORRUPTION PERCEPTION INDEX, 2002 . CPI of 10 = les s corruption; 1 = m ore corruption Rank Country 1 CPI Rank Country CPI Rank Country CPI 2.6 2.6 2.6 2.6 2.5 2.5 2.5 2.5 2.4 2.4 2.4 2.3 2.2 2.2 2.2 2.2 2.1 2.1 2.0 1.9 1.9 1.7 1.7 1.7 1.6 1.2
Finland Denm ark 2 New Zealand 4 Iceland 5 Singapore Sweden Canada 7 Luxem bourg Netherlands 10 United Kingdom 11 Aus tralia 12 Norway Switzerland 14 Hongkong 15 Aus tria 16 USA 17 Chile 18 Germ any Is rael Belgium 20 Japan Spain 23 Ireland 24 Bots wana France 25 Portugal 27 Slovenia 28 Nam bia Es tonia 29 Taiwan 31 italy 32 Uruguay Hungary 33 Malays ia Trinidad & Tobago Belarus Lithuania 36 South Africa Tunis ia With a rank of 77th and a 102 countries in 2002
9.7 Cos ta Rica 4.5 Pakis tan 9.5 Jordan 4.5 Philippines 9.5 40 Mauritius 4.5 77 Rom ania 9.4 South Korea 4.5 Zam bia 9.3 44 Greece 4.2 Albania 9.3 Brazil 4.0 81 Guatem ala 9.0 Bulgaria 4.0 Nicaragua 9.0 45 Jam aica 4.0 Venezuela 9.0 Peru 4.0 Georgia 8.7 Poland 4.0 85 Ukraine 8.7 50 Ghana 3.9 Vietnam 8.5 51 Croatia 3.8 88 Kazakhs tan 8.5 Czech Republic 3.7 Bolivia 8.2 Latvia 3.7 89 Cam eroon 7.8 52 Morocco 3.7 Ecuador 7.7 Slovak Republic 3.7 Haiti 7.5 Sri Lanka 3.7 Moldova 7.3 Colom bia 3.6 93 Uganda 7.3 57 Mexico 3.6 95 Azerbaijan 7.1 China 3.5 Indones ia 7.1 59 Dom inican Repub 3.5 96 Kenya 7.1 Ethiopia 3.5 Angola 6.9 Egypt 3.4 98 Madagas car 6.4 62 El Salvador 3.4 Paraguay 6.3 Thailand 3.2 101 Nigeria 6.3 64 Turkey 3.2 102 Banglades h 6.0 66 Senegal 3.1 5.7 67 Panam a 3.0 5.6 Malawi 2.9 5.6 68 Uzbekis tan 2.9 5.2 70 Argentina 2.8 5.1 Cote d'Ivore 2.7 4.9 Honduras 2.7 4.9 71 India 2.7 4.9 Rus s ia 2.7 4.8 Tanzania 2.7 4.8 4.8 Zim babwe 2.7 4.8 s core of 2.6, the Philippines is the 11th m os t corrupt am ong Source: Transparency International
Section 3 (a)
Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules & regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.
Section 3 (b)
Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any person, in connection with any contract or transaction between the government and any other party, wherein, the public officer in his capacity has to intervene under the law.
Section 3 (c)
Directly or indirectly requesting or receiving any gift, present, or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.
Section 13: Suspension and loss of benefits Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement & to the salaries & benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him.
Section 3 (d)
Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.
Section 3 (e)
Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
Such as ULTRASOUND
MACHINE
In April 2001, purchased 1Ultrasound machine described as SIOCOA-Dynaview at P7,980,000 from Apollo Medical Equipment and Supplies which claimed to be an exclusive distributor.
The real maker of the product: GE Medical Systems. A GE RT 3200 Advantage II, published price is only $25,000 or P1,299,750, GE Medical Systems reveal production of the model stopped as early as September 2000 in the whole South East Asia
And many more
Section 3 (f)
Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him 1for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or 2for the purpose of favoring his own interest or 3giving undue advantage in favor of or discriminating against any other interested party.
Section 3 (g)
Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same (government), whether or not the public officer profited or will profit thereby.
Section 3 (h)
Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.
Section 3 (i)
Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Cont
Cont Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transactions or acts by the board, panel or group to which they belong.
Section 3 (j)
Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.
Section 3 (k)
Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.
The person 1giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or 2offering or giving to the public officer the employment mentioned in subparagraph (d); or 3urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section 9 of this Act and shall be permanently or temporarily disqualified, in the discretion of the Court, from transacting business in any form with the government.
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. (Section 1, Article XI, 1987 Constitution)
REPUBLIC ACT 6713 otherwise known as THE CODE OF CONDUCT & ETHICAL STANDARDS OF GOVERNMENT OFFICIALS & EMPLOYEES
Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.
2. PROFESSIONALISM Public officials and employees shall perform and discharge their duties with highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.
3. JUSTNESS AND SINCERITY Public officials and employees shall remain true to the people at all times,act with justness and sincerity and shall not discriminate against anyone especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with appointments considered strictly confidential or those whose terms are co-terminous with theirs.
4. POLITICAL NEUTRALITY
Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference.
Public officials and employees shall extend prompt, courteous and adequate service to the public. They shall provide information on their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules & procedure, avoid red tape.
Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend the Philippine sovereignty against foreign intrusion.
7. COMMITMENT TO DEMOCRACY
Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party.
8. SIMPLE LIVING
Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.
Must be filed : 1.Within thirty (30) days after assumption of office; 2.On or before April 30 of every yer thereafter; 3.Within thirty (30) days after separation from the service
Act promptly on letters and requests. All public officials and employees shall, within fifteen (15) working days from receipt thereof respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request.
(a) Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office.
Prohibited Acts & Transactions. . . . (b)Public officials and employees during their incumbency shall not:
(1) Own, control, manage or accept employment as officer, employee, consultant, counsel broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law.
(2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided that such practice will not conflict or tend to conflict with their official function
(3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.
( c ) Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public, either: to further their private interest, or give undue advantage to anyone or to prejudice the public interest.
The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, xxx (Section 12, Article XI, 1987 Constitution)
OPERATIONAL ORGANIZATION
OMBUDSMAN The Chief Executive Officer of the Office of the Ombudsman. He/she is also known as the Tanodbayan. OVERALL DEPUTY OMBUDSMAN Manages the administrative affairs of the Office. Performs other functions that the Ombudsman may direct.
Special Prosecutor
Prosecutes cases filed before the Sandiganbayan against government officials and employees with salary grades of 27 and above.
Deputy Ombudsman for the Military & Other Law Enforcement Offices (MOLEO)
Investigates complaints filed against the officers, men & civilian employees of the Armed Forces of the Philippines (Army, Air Force & Navy), the Philippine National Police (PNP), the Bureau of Fire Protection (BFP) and the Bureau of Jail Management & Penology (BJMP).
The act complained of must be in relation to public functions. If not in connection with public function, the complaint will be forwarded to the concerned government agency. Judicial adjudication of acts not in connection with public function is a condition precedent before the Ombudsman can act on the complaint.
Preliminary Investigation The Ombudsman acts as a Prosecutor. Once complaint is filed and there is a reasonable ground to proceed with the preliminary investigation, respondent/s will then be directed to file counter affidavits and controverting evidence.
If there is probable cause, then an Information will be filed in court. Probable cause such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested.
The court where the Information is filed: Sandiganbayan for cases filed against officials/employees with Salary Grade 27 and above or officials classified as high ranking officials (HRO). Case will be handled by the Office of the Special Prosecutor.
Regular Courts (RTC, MTCC, MTC & MCTC) - for cases filed against officials/ employees with Salary Grade 26 and below or low ranking officials (LRO). Case will be handled by Ombudsman -Visayas Prosecutors or the regular prosecutors.
Administrative Adjudication The Ombudsman acts as a Quasi-Judicial Body. Once complaint is filed and there is a reasonable ground to proceed with the administrative adjudication, respondent/s will then be directed to file counter affidavits and contrary evidence.
The penalties: 1. 2. 3. 4. 5. 6. 7. Dismissal from the Service Forced Resignation Demotion Suspension (not more than 1 year) Fine (not more than six months salary) Transfer Reprimand
Grounds 1. Complaint involves dishonesty, oppression, grave misconduct, neglect of duty or charges that would warrant removal from office. 2. Evidence of guilt is strong.
3.
4.
Respondent is in possession of documents or other materials which will be used as evidence against him. Respondent is capable of intimidating or harassing the complainant or the witness/es to be presented against him.
Period of Preventive Suspension: 6 months for national government employees. 3 months for local gover4nment employees.
The investigation should be finished within these periods (6 months or 3 months) otherwise, the employee preventively suspended should be reinstated to his former position without loss of seniority or benefits.
When filed, complaints will not be docketed as CRIM or ADM cases. Rather, the same will be docketed as
RAS (Request for Assistance) or CPL (Complaint).
If the Anonymous Complaint, Media Report, Email, Text Message & etc. against public officials or employees involves public funds, a FACT-FINDING INVESTIGATION (FFI) will be conducted by the Ombudsman through the PACPO or is referred to concerned government agencies like the COA.
If it involve criminal activities, an FFI will be conducted by the Ombudsman or is referred to concerned government agencies like the NBI, CIDG, etc. Once the FFI is positive, the entity conducting the FFI will be directed to execute sworn statements in connection thereof.
The complaint will now be docketed as criminal or administrative case entitled PACPO/COA/NBI/etc. vs. Public Official/Employee
Preliminary Investigation or Administrative Adjudication or both will then be conducted on the complaint.
JUDICIARY
STRONG & INDEPENDENT COURTS COMPOSED OF INDIVIDUALS OF UNQUESTIONED HONESTY, WISDOM & INTEGRITY.
CLEAR LAWS
LAWS SHOULD BE MADE SIMPLE TO BE UNDERSTOOD BY ALL. IF THERE ARE LAWS THAT ARE NOT CLEAR OR HAS BECOME OBSOLETE, IT SHOULD BE CHANGED TO MEET THE NEEDS OF THE GREATEST NUMBER.
PEOPLE
POLITICAL MATURITY, HONESTY, AWARENESS, CONCERN, LAW-ABIDING, ETC. WE DESERVE THE LEADERS WE ELECT INTO OFFICE. WE DESERVE THE LIFE WE CHOOSE TO LIVE. WE ARE THE ULTIMATE JUDGE OF OUR DESTINY.
HON. PELAGIO S. APOSTOL Deputy Ombudsman for the Visayas Office of the Ombudsman-Visayas DA RFU 7 Compound., M. Velez St. Cebu City Tel # (032) 255-0976 Public Assistance: (032)253-8609
Daghang Salamat!