The Philippines Fights Corruption
Laws, Agencies, and Other Initiatives Used in the Philippine Fight
The Philippine Constitution of 1987 and subsequent laws created anti-corruption agencies that, with other government and non-government initiatives, battle corruption.
Graft and corruption in the Philippines have been “decried since the Spanish colonization in the 16th century”[1], but much has been done in the past five decades to combat the problem.
Anti-Graft and Corrupt Practices Act of 1960
This Act enumerates corrupt practices by public officers, declares them unlawful, and provides penalties including prison terms and perpetual disqualification from public office. This law also requires a statement of assets and liabilities every two years from all government personnel, and provides for confiscation or forfeiture of unexplained wealth.[2]
Constitution of 1987
The Constitution holds public trust as the fundamental principle of office, and requires full integrity and accountability of public officers and employees. The President, Vice-President, and members of the Supreme Court may be impeached for bribery, graft, corruption, and betrayal of public trust. Other public officials can be prosecuted and removed from office under existing law.[3]
The Constitution establishes four special anti-corruption bodies to foster the principles of honesty, integrity, and accountability:
- The Office of the Ombudsman serves as the people’s watchdog and protector by promptly investigating and acting on complaints filed against public officials and employees. The primary institution for preventing graft and corruption, it provides Deputy Ombudsmen for the military and three geographical subdivisions.
- The Civil Service Commission promotes efficient and responsive public service as a career, strengthens the merit system, and develops human resources. Its anti-corruption functions include promoting public accountability, enforcing ethical standards and behavior, and conducting values orientation workshops.
- The Commission on Audit examines government income and revenues, as well as expenditures and performance in handling funds. Aside from ensuring financial accountability, the Commission may also explore the economy, efficiency, legality, and regularity of government operations, along with effectiveness and impact of programs.
- The Sandiganbayan, literally “pillar of the nation,” is a special court with jurisdiction over civil and criminal cases involving graft and corruption. Subsequent legislation placed the Sandiganbayan on par with the Court of Appeals, with the Supreme Court the only higher authority.
The Constitution grants these organizations fiscal autonomy, so their commissioners can act independently to fulfill their duties without fear of reprisal from other government agencies. The actions of these special bodies can be appealed only to the Supreme Court.
Presidential Agencies and Non-Government Organizations (NGOs)
Each president has appointed agencies to investigate anomalous members of the administration, swiftly prosecute accused executive department officials, coordinate efforts inhibiting graft and corruption, decentralize graft-busting, etc. Examples are the President’s Committee on Public Ethics and Accountability (PCPEA) of President Aquino, and President Arroyo’s Presidential Anti-Graft Commission (PAGC).
The National Coalition of Transparency, launched in 1989, was composed of over thirty anti-corruption NGOs, and was significant in recognizing the private sector’s culpability in governmental corruption.[4] Some organizations are specialized, like National Citizens Movement for Free Elections (NAMFREL) focusing on election irregularities, and the Anti-Police Scalawag Group (APSG) concerned with police corruption.
Other Initiatives
Other initiatives address the socio-cultural environment which permits graft and corruption. Examples include the 1987 Senate resolution to study strengths and weaknesses of Filipino character, with a view toward strengthening anti-corruption values and attitudes in society, the Aquino administration’s Values Educational Program begun in public schools in 1988, and President Ramos’ Moral Recovery Program of 1992.[5] The Ramos program called for active participation by all sectors of society, with the focus on individuals and values formation.
Conclusion
The Philippines has government and NGO structures, agencies, and programs to win the war. Judging from the number of cases filed by the Ombudsman and high conviction rates in the Sandiganbayan, there seems to be progress. However, judging from national public opinion and international assessments, there is a long way yet to go.[6,7]
References and Notes
1. “Graft and Corruption: the Philippine Experience,” Nelson Nogot Moratalla, Deputy Director/ Dean of Academics, Philippine National Police Academy, Philippine Public Safety College, 113th International Training Course Participants’ Papers, Resource Material Series No. 56, p. 502
2. Republic Act No. 3019, Anti-Graft and Corrupt Practices Act, Approved August 17, 1960
3. The 1987 Constitution of the Republic of the Philippines, Article XI Accountability of Public Officers, Sections 1 and 2.
4. “Graft and Corruption: the Philippine Experience,” op. cit., p. 508
5. “Making Dialogue among Different Religions: An Analysis of Values Education under the Integrated Learning Subject in the Philippines,” Hirofumi Nagahama, Research Associate, Kyushu University, Japan, p.3
6. According to the “Report on the Transparency International Global Corruption Barometer 2007,” released December 6, 2007 by Transparency International, Berlin, 64% of Filipinos surveyed rate government anti-corruption efforts ineffective [p. 24, Table 4.3], and 79% expect corruption to get worse in the next 3 years [p. 23, Table 4.3].
7. In 2007, the Philippines dropped to last place of the 13 Asian economies studied by Political & Economic Risk Consultancy, Ltd. (PERC), a Hong Kong firm specializing in strategic business information and analysis, according to “Philippines More Corrupt Than Indonesia, Poll Says,” by Katherine Espina, Bloomberg.com, March 13, 2007.
