graft and corruption_a school report

7312019 Graft and Corruption_a School Report

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of 31 pages

GRAFT AND CORRUPTIONA Report by Engr Lucas

On the Subject Public Personnel ManagementMasters in Government Management

Pamantasan ng Lungsod ng Maynila

August 3 2003

DEFINITION GRAFT AND CORRUPTION

WHAT IS the exact definition of Graft and Corruption

GRAFT- is the acquisition of gain or advantage through abuse or misuse of onelsquos position

or influence whether in politics business or any other undertaking It is an act

performed by a civil servant or a group of civil servants acting alone by himself or by themselves without involving any person outside the bureaucracy or

jeopardizing the performance of duties by another bureaucrat

- It refers to the acquisition of gain in dishonest or questionable manner

CORRUPTION

- has been defined as the misuse or abuse of public office for private gain both in

government and the private sector It comes in several illicit forms including

bribery extortion fraud nepotism graft speed money pilferage theft

embezzlement falsification of records kickbacks influence peddling and

campaign contributions

- is the perversion or destruction of integrity or fidelity in discharging public dutiesand responsibilities by bribery or favor It entails the use of public power forprivate advantage in ways which transgresses some formal rule of law Itinvolves participants from within and outside of the bureaucracy

- it ―refers to the use of public office for private gain or the betrayal of public trust

for private gain (National Anti-Corruption Framework and Strategy 2000)

- rottenness putrid matter impurity briberySource- Chambers Dictionary

According to common usage of term ―Corruption of officials we call corrupt a public servantwho accepts gifts bestowed by a private person with the object of inducing him to give specialconsideration to the interests of the donor Sometimes also the act of the officials offering such

gifts or other tempting favors is implied in the concept Extortion ie demanding such gifts or

favors in the execution of public duties too may be regarded as ―Corruption Indeed the term



Page 2 of 31 pages

is sometimes also applied to officials who use the public funds they administer for their own

benefit who in other words are guilty of embezzlement at the expense of a public body

In most instances reference to corruption is made in connection with other subjects such as

crime or public administration Many works referring to corruption do not attempt a conceptualand actual analysis

The commonly held perception amongst most people of corruption is that of something that isdebased impure or acts of criminality Indeed corruption as it relates to human behavior can be

all of those things and more

Innate in the human psyche irrespective of race or religion is a sense of morality of what isright and wrong

As innate as this sense of morality is the desire to gain advantage over others A conflict of good

and evil Thankfully most people display more of the good and some display extraordinary featsof humility and selflessness

Yet others sway to the easy path of seeking advantage wherever they can get it Self and self gratification are their main motives These individuals it could be said are corrupt or corruptible

Corruption weakens the fabric of societies and leads to the society becoming dysfunctional

The 1987 Constitution of the Philippines provides the basis of ethical and accountable behavior

in the public sector Section 1 of Article XI states that

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

This provision requires every public official and employee to exhibit and live certain valueswhile in government service In addition the State has been mandated by the Constitution to

―maintain honesty and integrity in the public service and take positive and effective measures

against graft and corruption

In 1989 the Philippine legislature passed Republic Act No 6713 a law embodying the Code of

Conduct and Ethical Standards for Public Officials and Employees The Code spells out in fine

detail the dolsquos and donlsquots for government officials and employees in and out of the workplace

These dolsquos and donlsquots are encapsulated in the eight norms of conduct to be observed by all

government officials and employees These norms or standards are

bull Commitment to public interest

bull Professionalism

bull Justness and sincerity



Page 3 of 31 pages

bull Political neutrality

bull Responsiveness to the public

bull Nationalism and patriotism

bull Commitment to democracy

bull Simple living

The Code likewise introduced some reforms in the administrative systems like giving heads of agencies the responsibility of ensuring there is a value development program for theiremployees continuing studies on work systems and procedures with the end in view of

improving the delivery if public services and mandating the designation of a resident

Ombudsman in every department office and agency Incentives and rewards system has also

been put in place

Another comprehensive law passed to address and curb the commission of malfeasance in

government is Republic Act No 3019 or the Anti-Graft and Corrupt Practices Act In Section 1

of this law it states that

It is the policy of the Philippine Government in line with the principle that a public office is a public trust to repress certain acts of public officer and

private persons alike which constitute graft and corrupt practices which may

lead thereto

This law specifies eleven (11) instances of corrupt practices in addition to acts or omissions

already penalized by existing laws

Sec 3 Corrupt practices of public officers - In addition to acts or omissionsof public officers already penalized by existing law the following shall constitute corrupt

practices of any public officer and are hereby declared to be unlawful

(a) Persuading inducing or influencing another public officer to perform an act

constituting a violation of rules and regulations duly promulgated by competent authority

or an offense in connection with the official duties of the latter or allowing himself to bepersuaded induced or influenced to commit such violation or offense

(b) Directly or indirectly requesting or receiving any gift present share percentage or

benefit for himself or for any other person in connection with any contract or transaction

between the Government and any other part wherein the public officer in his official

capacity has to intervene under the law

(c) Directly or indirectly requesting or receiving any gift present or other pecuniary ormaterial benefit for himself or for another from any person for whom the public officerin 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



Page 4 of 31 pages

(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 orwithin one year after its termination

(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 faithor 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

(f) Neglecting or refusing after due demand or request without sufficient justification to

act within a reasonable time on any matter pending before him for the purpose of

obtaining directly or indirectly from any person interested in the matter some pecuniary

or material benefit or advantage or for the purpose of favoring his own interest or givingundue advantage in favor of or discriminating against any other interested party

(g) Entering on behalf of the Government into any contract or transaction manifestlyand grossly disadvantageous to the same whether or not the public officer profited or

will profit thereby

(h) Directly or indirectly having financial or pecuniary interest in any business contractor transaction in connection with which he intervenes or takes part in his officialcapacity or in which he is prohibited by the Constitution or by any law from having any

interest

(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 votesagainst the same or does not participate in the action of the board committee panel orgroup Interest for personal gain shall be presumed against those public officers

responsible for the approval of manifestly unlawful inequitable or irregular transaction

or acts by the board panel or group to which they belong

(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

(k) Divulging valuable information of a confidential character acquired by his office orby him on account of his official position to unauthorized persons or releasing such

information in advance of its authorized release date



Page 5 of 31 pages

The Constitution of 1987 provides six grounds as basis for initiating impeachment proceedings

against high ranking government officials among which are graft and corruption (The Presidentthe Vice-President the Members of the Supreme Court the Members of the Constitutional

Commissions and the Ombudsman may be removed from office on impeachment for and

conviction of culpable violation of the Constitution treason bribery graft and corruption otherhigh crimes or betrayal of public trust) (Article XI Sec 2 Phil Constitution)

These are unethical conduct ubiquitously present in all systems of government The problem isnot so much the present but rather the extent of its use and the negative effects upon the

bureaucracy Philippine laws rarely distinguish graft from corruption these may even be used

inter-changeably to refer to dishonest means or questionable activity or taking advantage of

onelsquos authority or position Ivan Hill formerly the Ethics Center at Washington DC believesthat honesty increases efficiency and productivity both in business and in government The

inference is that where there is dishonesty there is the corresponding decrease of efficiency and

productivity Applied to public management there will therefore be inefficient and poor delivery

of service and if the segment of the bureaucracy infested is a revenue collecting entity like theBureau of Customs and the Bureau of Internal Revenue this could only mean a much

depreciated revenue collection

The identity or similarity of their consequences notwithstanding In the Bureau of InternalRevenue graft takes the form of falsification and manipulation of financial documents and otherrecords and delay in forwarding remittance collections Contract graft in public worksconstruction may take the form of sealed bids which are but a formality because there already isa pre-arranged winner of the bid The use of substandard construction materials is also anotherform of graft

BRIEF HISTORY OF GRAFT AND CORRUPTION IN THE PHILIPPINES

Colonial roots

The use of public office for private ends by government officials and private businessmen has

been evident since the Spanish colonial period

A summary report by Elizabeth Medina of the conference proceedings of the Asociacion

Espantildeola de Estudios del Pacifica (November 1997) discusses the kinds and causes of corruption

in 19th

-century Philippines

Medinas report said The most important practices were falsification of accounting documents

The evidence of embezzlement of funds was destroyed and the cabezas de barangay were

obliged to sign blank financial statements Corrupt governors hid monies from the administration

in Manila They also found ways to discourage the natives from working so they would be thusliable to fines Taxes and fees were arbitrarily set and excessively high and illegal fines were

often collected Governors could embezzle the salaries of public officials and often demanded

gifts from their hosts when they made official visits Gifts were also necessary so that falsedocuments would not be issued The reasons for corruption were many the governors had



Page 6 of 31 pages

executive legislative and judicial powers No checks and balances were built into the system

and when they were they were unenforceable There was a vague limit between what were

public goods and what were private oneshellip The salaries of public officials were lowhellip Therewas monetary crisis in the 19

th centuryhellip The laws were so complex as to easily hide

misappropriations and fraudhellip Finally the common people had no idea of the law and submitted

meekly to the injustices and abuseshellip

Many Filipinos today believe that corruption was negligible during the American colonial eraHowever as suggested in Medinas report corruption in the provinces was not altogether

eradicated

According to Alfred McCoy (1994) the Americans even used the term cacique to describe theprovincial elites who combined local office with landed wealth to gain extraordinary control over

the countryside

The US colonial authority similarly tried to restrain rent-seeking by an emerging national eliteAnd although it was penetrated and manipulated by these elites the colonial bureaucracy

managed to maintain its influence until the 1930s

Although American colonial rule tried its best at eradicating corruption there were incidents that

already indicated its prevalence Paul D Hutchcroft (1998) for example cites the solvency

problems faced by the Philippine National Bank less than five years after its establishment in1917 Loans were given out without consultation and went to well connected agricultural

families directors or interests controlled by directors In 1921 an accounting firm reported that

the PNB had squandered the entire capital stock contributed by the government as well as half of

all government deposits in the bank

American legacy

American colonial rule also helped develop another building block for the national spread of

corruption It maintained and expanded a big and interventionist government within a democratic

framework At the start the colonial administrators promoted an economy led by private

enterprise and big business in particular following the trend in the United States at the timeHowever beginning in 1913 the government took an active role in the promotion of economic

growth Then in 1916 the colonial administrators increasingly interfered in business The

consequent growth of government as leader large-scale development promoter and employer

laid the ground for massive and systematic corruption later in the countrys history With thislegacy came expanded opportunities for corruption These included granting individuals and

organizations of special favors policy changes licenses business contracts and even

employment (which in a patron client system redound to personal gain) Such practiceseffectively destroyed the development of a merit system in the Philippines

After political independence in 1946 writers like nationalist Renato Constantino bewailed thepervasiveness of corruption in Philippine society Daily in the halls of Congress through the



Page 7 of 31 pages

printed word and over the airwaves our politicians and our civic leaders expose denounce or

deplore this or that governments anomaly During election time the principal issue is alwaysgraft and corruption No wonder public concern is almost exclusively centered on malfeasance in

government But with every change of administration the problem only becomes aggravated

The panaceas and the grandiose promises fizzle out The accusers become the accused the haloof righteousness changes heads The list of dishonor is different but corruption remains the same

Graft and corruption persist like a cancer gnawing at our entrails showing no signs of abatementand consigning us to a state of helplessness and hopelessness

The Marcos government has been often regarded as the most systematically corrupt of all

government administrations in the Philippines This was not surprising considering the

concentration of state powers in the President at the time Unlike in previous administrations thatmore or less observed the independence of the executive legislative and judicial branches of

government Marcos effectively controlled these three branches Eventually crony capitalism

reached its zenith with the centralization of political power and the realignment of concentrated

economic power from the old elites to favored Marcos associates

Although the Marcos government has been considered as the most corrupt of all succeedingpolitical administrations had their own share and have not effectively controlled the problem Infact with the return to democracy after the EDSA Revolution the perception is that the

floodgates of corruption have been opened for more people at various levels of government and

society The vacuum left by the Marcos regime has been filled and even widened opportunitieshave simply become available to a broader population

Characteristics of Corruption

The characteristics of corruption are as follows

(a) Corruption always involves more than one person This is need not be the case withstealing for instance or embezzlement The lone operator is corruption is virtually non-

existent and such cases usually fall under fraud One instance is making a false

declaration of traveling expenditure or hotel bills But even here there is often a silent

understanding between officials who practice such frauds to let the situation prevail

(b) Corruption on the whole involves secrecy except where it has become so rampant and so

deeply rooted that some powerful individuals or those under their protection would not

bother to hide their activity But nevertheless even here the corrupt motive is kept secret

(c) Corruption involves an element of mutual obligation and mutual benefit The obligation

or benefit need not always be pecuniary

(d) Those who practice corrupt methods usually attempt to camouflage their activities by

resorting to some form of lawful justification They avoid any open clash with the law



Page 8 of 31 pages

(e) Those who are involved in corruption are those who want definite decisions and those

who are able to influence those decisions

(f) Any act of corruption involves deception usually of the public body or society at large

(g) Any form of corruption is a betrayal of trust

(h) Any form of corruption involves a contradictory dual function of those who arecommitting the act When an official is bribed to issue a business license by the partywho offers a ―gift the act of issuing the license is a function of both his office and hisself-interest He acts in a dual contradictory function The same may be said of the partyoffering the bribe Applying and receiving of license is a function of his lawful businessinterest but resorting to bribery is not

(i) A corrupt act violates the norms of duty and responsibility within the civic order It isbased on the deliberate intent of subordinating common interest to specific interest

The above list of characteristics of corruption could be extended For an act to beclassified as corrupt it has to contain all the above characteristics The only possible exception iswhere corruption is difficult to distinguish from criminal extortion where the party who bribeswas compelled to do so grudgingly and resentfully and where the bribery was not considered asa necessary outlay for future gain In such cases the victims kept no secrecy

Opportunities for corruption abound in the absence or lack of order transparency and

accountability

Possible Causes of Graft and Corruption

Ledivina V Carintildeo believes that corruption results from individual organizational andsocietal causes

1 individual mdash this results from low morality of both bureaucrats and clients

2 organizational mdash the weaknesses arising from the system may be due to unrealisticcompensation inadequate controls in areas not susceptible to corruption lack of explicit standards of performance for individual employees and organizational unitspoor recruitment and selection procedures and government red-tape The inability of the organization to provide adequate services to cope with the volume of demandbreeds black market operations for government subsidized services Poor publicrelations could result to public ignorance of what the organization does This whetsemployee appetite for corruption Poor working conditions and office facilities weak organizational leadership and bureaucratic politization are other contributory factors

3 societal mdash these are causes which are primarily attributed to the culture of a societyThe open tolerance of the public of undesirable and inefficient employees has bred anemployee psychology of recalcitrance and lack of fear of being censured or criticized



Page 9 of 31 pages

because of the assurance given to them by their political ―backers all because of theldquopadrino systemrdquo or political patronage The negative role model played by superiorscreates an atmosphere of incompetence and defiance rather than efficiency anddiscipline The ldquopakikisamardquo system puts heavy pressure upon the new employee to join his peers in the workplace as to perpetuate the legacy of administrativeineffectiveness

The Filipino is further beset by extreme familism and personalism which generate inefficientdelivery of services The expected behavior of the Filipino is arrayed against cultural norms mostof which are anchored on personalism In the Philippines people who practice graft andcorruption are often put on the pedestal they attain respectability while those who do not engagein such practices are branded as ldquotanga for not taking advantage of their position and power

Behavior that is legally unacceptable may be ideal and acceptable depending upon the politicalculture of a society The bureaucrat is expected to deal equally with everyone whether relativesor strangers They are not supposed to receive gifts in any form However this expected behavioroften clashes with the personal way Filipinos get on terms with one another The practice of taking care of their kin is a deeply ingrained trait which could result in partiality and prefermentin his official dealings

He gives priority to the transactions of his family however down the file

these may be Such personalism is not limited only to blood relations but extends to all those

sanctified by ritualistic ties like the compadre system including neighbors friends and otherpersons with whom one interacts All these practices explain the persistence of the social evils inour society

Social tolerance of these negativistic practices is complemented by passage of legislation withoutsufficient study of implications the difficulty of proving graft and corruption cases lack of political will to wage a determined anti-corruption campaign poor educational orientation of thecitizenry and clannishness and parochialism which destroys the merit system There are threecritical focal points of corruption in the bureaucracy

a regulatory entities and enforcement agencies like police regulation of professions andlicensure boards securities exchange commission board of investments and

environmental and natural resources conservation among others

b spending agencies like the Department of Public Works and Highways

c revenue raising and collecting entities like the Bureau of Internal Revenue Bureau of Customs Department of Transportation and Communications and the treasury offices

Two variants of corruption have been identified as negative bureaucratic behavior in thePhilippines

1 that which involves only civil servants like giving lucrative positions and promotionsto the highest bidder and giving and accepting bribes (padulas) to get a preferred

position or receive lenient treatment than what is deserved especially in cases wherethe employee is under administrative investigation

2 that which involves a person or persons outside the bureaucracy either of whominitiates the act



Page 10 of 31 pages

In the Land Transportation Office there is corruption when the employee circumvents procedures for checking and resealing taxi meters receiving ―retainers fee for expeditiousprocessing of license to operate and for motor vehicle registration There could be collusion bypurchasing agents and suppliers of office supply equipment spare parts which increases the costof supplies and equipments in government contracts there are high-bribe-paying applicantsout-of-office settlement of income tax business tax and sales tax are some of the commoncorrupt practices

In the Bureau of Customs corruption takes the form of

1 undervaluation

2 misclassification

3 misdeclaration

4 outright smuggling

5 abuse of bonded warehouse permits

There is undervaluation when an importer depreciates his imported goods very muchbelow the actual cost For instance a sardine importer brings in a million cans He pays P200per can before taxes Sardines are subject to 20 customs duty as of January 1991 or 40centavos per can If the importer is dishonest he undervalues the importation to P100 per canbefore taxes and therefore pays only 20 centavos instead of 40 centavos as customs duty Withmillions of cans of sardines and with the number of importers doing this government isdefrauded by the millions of pesos Customs appraisers check the value of the imported goodsagainst the official customs published values When they are bribed they will not bother tocheck and if they check they deflate the value

Misdeclaration and misclassification are falsification of quantity and quality of imported

goods There is misdeclaration when the importer declares a lesser volume or quantity ordeclares the items different from what is contained in the van The inspector does not bother tocheck and just clears the cargo In the case of misclassification the importer declares theimportation as belonging to another classification For example he declares it as industrial flourbut in reality it is food flour which is taxed less

Outright smuggling occurs when the cargo is unloaded not in the designated place or portof entry For example when the vessel enters Philippine waters it is met and the cargo istransferred to ldquokumpits and brought to shore somewhere other than the designated entry portand from there picked up by cargo trucks sorted and delivered to contract-outlets withoutpaying customs duties The culprits here are the coastguard and the military at the checkpointswho are paid off to let the cargo pass

Abuse of bonded warehouse permits occurs when an importer brings in raw materials to bemade into finished products He does not pay taxes for the raw materials because he holds apermit to import But in reality he sells these raw materials to manufacturers at a price slightlylower than when the factories import by themselves The culprits involved in this operation are



Page 11 of 31 pages

the customs guards of the warehouse the accountant of the bonded warehouse and the legaldivision of the customs office

Graft and Corruption Effects of Unethical Practices

If the causes of graft and corruption are individual organizational and societal said three sectors

are also affected To the individual there is loss of self-respect and ultimate dehumanization tothe organization it could result in subversion of authority structure and disillusionment within thebureaucracy To society it could mean increased administrative cost and revenue loss togovernment There will be corresponding deterioration of public service and loss of confidencein government There will be goal displacement as employees pursue personal interests rather than organizational and social objectives The intent of policy and the procedures for theirimplementation become useless since target beneficiaries are substituted for Unauthorizedcontrol mechanisms take precedence over legal rules and regulations Authoritative allocation of values envisioned by legislation gives way to shady deals and the demands of personalexpediency It brings about frustration and cynicism which could undermine faith and confidencein the viability and effectiveness of the democratic system

Graft and corruption are encouraged by public apathy which results from bad and ill-managedgovernment But its most important and potent medium is the individual official or employeeLet us take the Bureau of Customs as a case in point since it is the number one collecting arm of government which account for four-fifths of the total governmental revenue generated

This

entity administers control and police authority over all harbors piers airports wharves portsbays rivers and inland waters throughout the Philippines Its general duties and powers includeassessment and collection of lawful revenues from imported goods and other fees charges duesfines and penalties It is charged with preventing and suppressing smuggling supervision andcontrol over the entrance and clearance of vessels and aircraft engaged in foreign tradeenforcement of customs and tariff laws and other rules and regulations relating to tariff andcustoms administration supervision over the handling of foreign mail to collect duties on articlessmuggled through mails control import and export cargoes landed and stored in piers airports

terminal and depot facilities like container yards and flight stations and exercises jurisdictionover seizure and forfeiture cases in accordance with tariff and customs laws While the Bureau of Customs exercises extensive powers these powers could be abused especially if these entaildiscretion Newspaper reports of customs men charged of fraud smuggling rings bared andcargoes worth millions seized are not uncommon

The following are typical examples of these reports

1 ―Assorted smuggled goods valued at 138 million were seized in six operationsconducted by the Economic Intelligence and Investigation Bureau (EIIB) at the MIAand South Harbor The assorted contraband ranged from expensive electronic goodsto highly dutiable textile materials and ready-to-Wear apparel

2 ―The finance intelligence bureau bared the existence of a smuggling syndicateallegedly headed by a Taiwanese national The suspected ring leader tried to bribe ateam of operatives during the raid The merchandise included electronic goodshousehold wares toys and ready-to-wear clothes



Page 12 of 31 pages

3 ―Cases of food flour smuggling proliferated when the government imposed a 30import duty on food flour imports and only 10 for industrial flour Unscrupuloustraders declared their food flour imports as industrial flour to do away with payinghigher taxes Smuggled food flour posed unfair competition with the imported oneswhich were legally paid for

4 ―Graft charges were filed with the Tanodbayan against nine customs personnel andfour others for allegedly conniving with smugglers in defrauding the government of millions of pesos in revenue

Corrupt Conduct

(1) Corrupt conduct is

(a) any conduct of any person (whether or not a public official) that adversely affects or that

could adversely affect either directly or indirectly the honest or impartial exercise of

official functions by any public official any group or body of public officials or anypublic authority or

(b) any conduct of a public official that constitutes or involves the dishonest or partial

exercise of any of his or her official functions or

(c) any conduct of a public official or former public official that constitutes or involves a

breach of public trust or

(d) any conduct of a public official or former public official that involves the misuse of

information or material that he or she has acquired in the course of his or her official

functions whether or not for his or her benefit or for the benefit of any other person

(2) Corrupt conduct is also any conduct of any person (whether or not a public official) thatadversely affects or that could adversely affect either directly or indirectly the exercise of official functions by any public official any group or body of public officials or any public

authority and which could involve any of the following matters

(a) official misconduct (including breach of trust fraud in office nonfeasance misfeasance

malfeasance oppression extortion or imposition)

(b) bribery

(c) blackmail

(d) obtaining or offering secret commissions

(e) fraud



Page 13 of 31 pages

(f) theft

(g) perverting the course of justice

(h) embezzlement

(i) election bribery

(j) election funding offenses

(k) election fraud

(1) treating

(m) tax evasion

(n) revenue evasion

(o) illegal drug dealings

(p) illegal gambling

(q) obtaining financial benefit by vice engaged in by others

(r) forgery

There are three types of phenomena contained in the term corruption bribery extortion and

nepotism They are not completely identical but can be classified under one heading Essentially

there is a common thread running through these three types of phenomena ndash the subordination of public interests to private aims involving violation of the norms of duty and welfare

accompanied by secrecy betrayal deception and a callous disregard for any consequence

suffered by the public

Another phenomenon which can be described as corruption is the appointment of relatives

friends or political associates to public offices regardless of their merits and the consequences on

the public wealth This is called nepotism

Red Tape

One catalyzing agent of graft and corruption is red tape This is a bureaucratic procedurecharacterized by excessive and unnecessary - delay in transacting business with governmentwhich is intentionally committed It is a practice that slows down or hampers the delivery of much-needed basic services When there is undue delay in the processing of transactions peopleresort to fixers who collude with corrupt employees and officials to expedite businesstransactions This is a common phenomenon in government offices Fixers with connections



Page 14 of 31 pages

inside the different offices facilitate the issuance of marriage license or certificate of birth or of death After all marriages are not made in heaven but at the city hail with the price set by thefixer

Certainly the client of city hall would be willing to shell out a few pesos as fixers feerather than queue the long line aggravated by the slow-paced processing process This is the

price paid for the inefficiency of the bureaucracy however unethical the practice is

Nepotism

Nepotism is a version of graft and corruption exemplified by favors showered on relativesby appointing them to government positions regardless of qualifications The practice may beviewed as an aid to responsive management if blood relatives do their share in achievingorganizational goals with minimum time and effort expended On the other hand nepotism canbe pernicious to society if the relatives in the employ of government use blood relationship as thekey to open themselves to the opportunity of improving their lives at the expense of public goodand general welfare It can foster the growth of dictatorship and the formation of ―politicaldynasties which the 1987 constitution prohibits

In the Philippines nepotism is not without historical antecedents The barangay of earlyPhilippine society was viewed more as a socio-economic unit composed of members withconsanguinial ties and those related by affinity Cooperation in the community was a function of personal connection than pre-determined programs and impersonal procedures These historicalantecedents nurtured a tradition and a culture which considered public office more as a source of private gain than a public trust

The prohibition against nepotism is articulated best in the statement made by the lateFerdinand Marcos in 1972

―Let no man who claims to be friend relative or ally presume to seek license because of

the relationship If he offends the new society he should be punished like the rest

Unfortunately however his administration committed the most number of cases of nepotismCritics maintain that it was during the Marcos era that nepotism was institutionalized TheAquino administration also showcased nepotism If the Marcoses and the Romualdezes had theirday the Aquinos and the Cojuangcos also have theirs The Ramos administration and the Estradaadministration have their respective shares too So what else is new After all unethical behaviorand practices have always been with us In our Muslim society this problem is of more acuteproportion But why the insatiable desire of relatives of presidents to serve in government Whydo public officials appoint relatives to sensitive positions Should personal loyalty and intimacyoutweigh competence seniority and the merit system These are administrative dilemmas whichhave to be resolved

In the Philippines there is a strong belief that corruption is prevalent In a 1998 Social Weather

Stations (SWS) survey more than 70 percent of the respondents thought that corruption existedin government Nearly 40 percent believed that there was a great deal of corruption



Page 15 of 31 pages

Based on its Corruption Perceptions Index (CPI) for 99 countries Transparency International

rated the Philippines as the 54th among the most corrupt countries in 1999 The Philippinesscored 36 based on the CPI scale of 1 (high perception) to 10 (negligible perception)

Indeed in a society with a long history of rapacity and plunder in the ranks of the state and theelite and powerlessness among the masses the use of public office has been identified with

gaining and maintaining economic political and social power Both private citizens andgovernment employees habitually use this office to further their self-interest at the expense of thecommon good This custom has prevailed in the Philippines under a long and continuing regime

of rent capitalism in contrast to production-oriented capitalism

EXAMPLES OF GRAFT AND CORRUPTION

Here is the anatomy of some types of corruption taken from the website of the TransparentAccountable Governance project

Textbook scams

According to the article of Yvonne T Chua of the Philippine Center for Investigative Journalism

up to 65 percent of textbook funds are reserved as bribe money The range is from 20 percent to

65 percent

Take the case of the medium-sized book publisher caught in January 1999 Her bulging bag

contained several envelopes

P 1000000 (5 of the contract) for the regional director

50000 for the supply officer

40000 for the chief accountant

15000 for the accountant who obligated the money

10000 for the cashier

5000 for each of the accounting clerks

Then add 40 percent of the contract to a congressman The total is about half the size of the

contract she won



Page 16 of 31 pages

Public works

A report by Earl Parrentildeo said that congressmen get 12 percent to 20 percent of the funds allotted

for building artesian wells bridges and roads The total lost money may be bigger In 1998 a

cabinet member told journalists that commissions on public works ran up to an average 30percent of the project cost

He cited an engineer who supervised road pavement projects in an Eastern Visayas district Theengineer cut the cement used by 20 to 30 percent to save on materials To do this he would

leave hollow the middle portion of the road Only gravel now occupies that section though

covered by a thin covering of cement

A foreman of a construction company building a seawall in the same district meanwhile

admits he is using `small stones in the inner portion of the wall wrote Parrentildeo

Thats not supposed to be done says the foreman but no one can see it anyway This cutsdown the cement used by 20 percent

Votes for sale

A piece by Stella Tirol tells of the corruption that takes place in elections A common means is

the simple dole-out One congressional candidate in Southern Luzon gave out as much as P10000 a day in the barrios The rate then was P 100 per voter Election eve would require some

P 4 million

The more sophisticated way is to get the barangay captain to your side One barangay captain sheinterviewed admitted that he and other barangay captains were offered P 30000 each A bidding

competition would ensue among the candidates

Barangay officials act as the conduit for purchasing votes writes Tirol They know who

among their constituents can be bought and on election day itself they ensure that these people

actually go to the precinct and cast their vote for the preferred candidate

THE FIGHT AGAINST GRAFT AND CORRUPTION

A Oversight Institutions

The legal infrastructure and political commitment are supported and complemented by the

existence of oversight institutions The creation of the oversight institutions that deal with issues

of ethics accountability graft and corruption are mandated by the Constitution The commonfeature of these institutions is they enjoy a substantive degree of fiscal autonomy in the sense that

they are not subject to the fiscal controls of the executive The budget is directly released to

these institutions and the heads are authorized to realign savings from their budget They alsohave quasi-judicial powers in that they can adjudicate and decide cases and enforce their own



Page 17 of 31 pages

decisions including the imposition of sanctions which may include suspension from office or

even dismissal from government service

In the Philippines the three constitutionally mandated oversight institutions are the Civil Service

Commission the Office of the Ombudsman and the Commission on Audit

The Civil Service Commission is the central personnel agency of the government UnderSection 3 Article IX-B of the Constitution the CSC is mandated to ―establish career service andadopt measures to promote morale efficiency integrity responsiveness progressiveness and

courtesy in the civil service It is also tasked to ―institutionalize a management climate

conducive to public accountability CSClsquos effort involves in enforcing ethics and accountability

of line agencies basically involves three approaches One approach is regulatory the othercorrective and the last one developmental The first approach addresses compliance of-

agencies with policies and standards on HRD systems set by the CSC For instance CSC

prescribes qualification standards for each and every position in the Philippine government

Non-compliance with the QS by agencies in the processing of appointments of their staff resultsin the disapproval by the CSC of such appointments But apart from the substantive

requirements for practically all kinds of personnel actions such as the publication requirementand the promotion and selection board processes Non-compliance with the proceduralrequirements constitutes ground for corrective or even punitive action The second approach

deals with disciplinary actions against official or employee for infractions committed in relation

to the performance of hisher official functions The Administrative Code of 1987 or ExecutiveOrder No 292 outlines the various acts that are subject to administrative disciplinary

proceedings However administrative discipline is not a function within the exclusive

jurisdiction of CSC Agency heads as well as the Office of the Ombudsman also have the

authority to proceed against erring government officials and employees The third approach isdevelopmental and will be discussed later in the succeeding paragraph

The Office of the Ombudsman acts as a prosecutor against those charged with the violation of RA 3019 RA 6713 and the law against ill-gotten wealth among others It is mandated to

investigate and prosecute the criminal liability of public officials and employees involved in

graft and corruption

The Commission on Audit is the fiscal watchdog of the government COA is responsible for

ensuring legal and proper disbursement of public funds and preventing irregular unnecessary or

extravagant expenditures or usage of public funds It also has quasi-judicial powers

All these oversight institutions enforce accountability ethic in government

B Traditional approaches

Since independence numerous mechanisms have been designed to counteract corruption in the

Philippines The traditional approaches include setting the legal framework and establishing anti-



Page 18 of 31 pages

graft and corruption bodies like presidential committees commissions task forces and other

units

Since 1950 various Philippine presidents from Quirino to Estrada have created antigraft and

corruption investigation units and agencies With the exception of the present PresidentialCommission Against Graft and Corruption (PCAGC) established in February 1994 these bodies

have been short-lived

The most recent presidential body is the Interagency Anti Graft Coordinating Council which

includes the Commission on Audit the Civil Service Commission the Office of the

Ombudsman the PCAGC the National Bureau of Investigation and the Department of Justice

The council was established through a memorandum of agreement among these agencies on June11 1997 (the DOJ was admitted in 1998)

The council received presidential recognition only in August 1999 through President Estradas

Administrative Order Number 79 which allotted P5 million for antigraft activities

At present the Ombudsman and the PCAGC are the principal actors in government to act oncomplaints and cases of graft Some of the cases are resolved by the Ombudsman while theothers are elevated to the Sandiganbayan Cases where the accused have been found guilty are

sent to the Supreme Court or to the Court of Appeals Currently administrative cases are

automatically sent to the Court of Appeals while criminal cases like the violation of the Anti-Graft and Corruption Practices Act go directly to the Supreme Court

The issues of ethics and accountability pose a continuing challenge to the Philippine government

The mechanisms and infrastructure that have been put in place as outlined in this paper may notyet be the best or ideal in the sense that ethical and accountable behavior in the public sector is

still much to be desired in the Philippines But there is so much hope to hold and believe that

there will be many opportunities to lead and change for the best



Page 19 of 31 pages

PHILIPPINE LAWS AGAINST

GRAFT AND CORRUPTION

a ANTI-GRAFT AND CORRUPT PRACTICES ACT

(Republic Act No 3019 as amended by Presidential Decree No 677)

b CODE OF CONDUCT amp ETHICAL STANDARDS FOR PUBLIC OFFICIALS ANDEMPLOYEES

(Republic Act No 6713)

c AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER

(Republic Act No 7080 as Amended by Republic Act No 7659 (The Death Penalty

Law)]

d THE OMBUDMAN ACT OF 1989


e MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TORECEIVE AND FOR PRIVATE PERSONS TO GIVE GIFTS ON ANY

OCCASION INCLUDING CHRISTMAS

(Presidential Decree No 46)

Article XI of the 1987 Constitution of the Philippines

(Accountability of Public Officers)

Section 1 Public office is a public trust Public officers and employees must at all times beaccountable to the people serve them with utmost responsibility integrity loyalty and

efficiency act with patriotism and justice and lead modest lives

Section 2 The President the Vice-President the Members of the Supreme Court the Membersof the Constitutional Commissions and the Ombudsman may be removed from office on

impeachment for and conviction of culpable violation of the Constitution treason bribery graft

and corruption other high crimes or betrayal of public trust All other public officers and

employees may be removed from office as provided by law but not by impeachment

Section 4 The present anti-graft court known as the Sandiganbayan shall continue to function

and exercise its jurisdiction as now or hereafter may be provided by law

Section 5 There is hereby created the independent Office of the Ombudsman composed of the

Ombudsman to be known as Tanodbayan one overall Deputy and at least one Deputy each for



Page 20 of 31 pages

Luzon Visayas and Mindanao A separate Deputy for the military establishment may likewise

be appointed

Section 13 The Office of the Ombudsman shall have the following powers functions and

duties(1) Investigate on its own or on complaint by any person any act or omission of any

public official employee office or agency when such act or omission appears to beillegal unjust improper or inefficient

(2) Direct upon complaint or at its own instance any public official or employee of the

Government or any subdivision agency or instrumentality thereof as well as of any

government-owned or controlled corporation with original charter to perform and

expedite any act or duty required by law or to stop prevent and correct any abuse orimpropriety in the performance of duties

(3) Direct the officer concerned to take appropriate action against a public official or

employee at fault and recommend his removal suspension demotion fine censure

or prosecution and ensure compliance therewith(4) Direct the officer concerned in any appropriate case and subject to such limitations

as may be provided by law to furnish it with copies of documents relating tocontracts or transactions entered into by his office involving the disbursement or useof public funds or properties and report any irregularity to the Commission on Audit

for appropriate action

(5) Request any government agency for assistance and information necessary in thedischarge of its responsibilities and to examine if necessary pertinent records and

documents

(6) Publicize matters covered by its investigation when circumstances so warrant and

with due prudence(7) Determine the causes of inefficiency red tape mismanagement fraud and corruption

in the Government and make recommendations for their elimination and the

observance of high standards of ethics and efficiency(8) Promulgate its rules of procedure and exercise such other powers or perform such

functions or duties as may be provided by law

Section 16 No loan guaranty or other form of financial accommodation for any businesspurpose may be granted directly or indirectly by any government-owned or controlled bank or

financial institution to the President the Vice-President the Members of the Cabinet the

Congress the Supreme Court and the Constitutional Commissions the Ombudsman or to any

firm or entity in which they have controlling interest during their tenure

Section 17 A public officer or employee shall upon assumption of office and as often thereafter

as may be required by law submit a declaration under oath of his assets liabilities and networth In the case of the President the Vice-President the Members of the Cabinet the

Congress the Supreme Court the Constitutional Commissions and other constitutional offices

and officers of the armed forces with general or flag rank the declaration shall be disclosed tothe public in the manner provided by law



Page 21 of 31 pages

TITLE VII REVISED PENAL CODE

CRIMES COMMITTED BY PUBLIC OFFICERS

Who Are Public Officers - any person who by direct provision of the law popular election orappointment by competent authority shall take part of the performance of public functions in the

Government of the Philippine Islands or shall perform in said Government or in any of its

branches public duties as an employee agent or subordinate official of any rank or class shall

be deemed to be a public officer (Art 203)

FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Art 213 Frauds against the public treasury and similar offenses - The penalty of prison

correccional in its medium period to prison mayor in its minimum period or a fine ranging from200 to 10000 pesos or both shall be imposed upon any public officer who

1 In his official capacity in dealing with any person with regard to furnishing supplies

the making of contracts or the adjustment or settlement of accounts relating to publicproperty or funds shall enter into an agreement with any interested party or

speculator or make use of any other scheme to defraud the Government

2 Being entrusted with the collection of taxes licenses fees and other imposts shall beguilty of any of the following acts or omissions

(a) Demanding directly or directly the payment of sums different from or larger

than those authorized by law

(b) Failing voluntarily to issue a receipt as provided by law for any sum of

money collected by him officially

(c) Collecting or receiving directly or indirectly by way of payment orotherwise things or objects of a nature different from that provided by law

When the culprit is an officer or employee of the Bureau of Internal Revenue or Bureau

of Customs the provisions of the Administrative Code shall be applied



Page 22 of 31 pages

Art 215 Prohibited transactions - The penalty of prison correctional in its minimum

period or a fine ranging from 200 to 1000 pesos or both shall be imposed upon any appointivepublic officer who during his incumbency shall directly or indirectly become interested in any

transaction of exchange or speculation within the territory subject to his jurisdiction

Art 216 Possession of prohibited interest by a public officer - The penalty of arresto mayor

in its medium period or a fine ranging from 200 to 1000 pesos or both shall be imposed upon apublic officer who directly or indirectly shall become interested in any contract or business inwhich it is his official duty to intervene

This provision is applicable to experts arbitrators and private accountants who in likemanner shall take part in any contract or transaction connected with the estate or property in

appraisal distribution or adjudication of which they shall have acted and to the guardians and

executors with respect tom the property belonging to their wards or estate

MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Art 217 Malversation of public funds or property Presumption of malversation - Any

public officer who by reason of the duties of his office is accountable for public funds orproperty shall appropriate the same or shall take or misappropriate or shall consent or through

abandonment or negligence shall permit any other person to take such public funds or property

wholly or partially or shall otherwise be guilty of the misappropriation or malversation of such

funds or property shall suffer

Art 218 Failure of accountable officer to render accounts - Any public officer whether inthe service or separated there from by resignation or any other cause who is required by law or

regulation to render account to the Insulator Auditor or to a provincial auditor and who fails todo so for a period of two months after such accounts should be rendered shall be punished byprison correctional in its minimum period or by a fine ranging from 200 to 1000 pesos or both

Art 219 Failure of a responsible public officer to render accounts before leaving the country - Any public officer who unlawfully leaves or attempts to leave the Philippine Islands

without securing a certificate from the Insular Auditor showing that his accounts have been

finally settled shall be punished by arresto mayor or a fine ranging from 200 to 1000 pesos or

both

Art 220 Illegal use of public funds or property - Any public officer who shall apply any

public fund or property under his administration to any public use other than that for which suchfund or property were appropriated by law or ordinance shall suffer the penalty of prison

correctional in its minimum period or a fine ranging from one-half to the total of the sum

misapplied if by reason of such misapplication any damage or embarrassment shall have



Page 23 of 31 pages

resulted to the public service In either case the offender shall also suffer the penalty of

temporary special disqualification

If no damage or embarrassment to the public service has resulted the penalty shall be afine from 5 to 50 per cent of the sum misapplied

Art 221 Failure to make delivery of public funds or property - Any public officer underobligation to make payment from Government funds in his possession who shall fail to make

such payment shall be punished by arresto mayor and a fine of from 5 to 25 per cent of the sum

which he failed to pay

This provision shall apply to any public officer who being ordered by competent

authority to deliver any property in his custody or under his administration shall refuse to make

such delivery

The fine shall be graduated in such case by the value of the thing provided that it shallnot be less than 50 pesos

REPUBLIC ACT NO 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Sec 3 Corrupt practices of public officers - In addition to acts or omissions of

public officers already penalized by existing law the following shall constitute corrupt practices

of any public officer and are hereby declared to be unlawful


constituting a violation of rules and regulations duly promulgated by competent

authority or an offense in connection with the official duties of the latter or allowinghimself to be persuaded induced or influenced to commit such violation or offense


benefit for himself or for any other person in connection with any contract or

transaction between the Government and any other part wherein the public officer in

his official capacity has to intervene under the law

(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 publicofficer 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 givenwithout prejudice to Section thirteen of this Act



Page 24 of 31 pages


enterprise which has pending official business with him during the pendency thereof or within one year after its termination


private party any unwarranted benefits advantage or preference in the discharge of

his official administrative or judicial functions through manifest partiality evidentbad faith or gross inexcusable negligence This provision shall apply to officers andemployees of offices or government corporations charged with the grant of licenses or

permits or other concessions



obtaining directly or indirectly from any person interested in the matter some

pecuniary or material benefit or advantage or for the purpose of favoring his owninterest or giving undue advantage in favor of or discriminating against any other

interested party

(g) Entering on behalf of the Government into any contract or transaction manifestly

and grossly disadvantageous to the same whether or not the public officer profited orwill profit thereby

(h) Directly or indirectly having financial or pecuniary interest in any business contractor 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


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 hevotes against the same or does not participate in the action of the board committee

panel or group Interest for personal gain shall be presumed against those public

officers responsible for the approval of manifestly unlawful inequitable or irregulartransaction or acts by the board panel or group to which they belong

(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


entitled

(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 suchinformation in advance of its authorized release date



Page 25 of 31 pages

The person giving the gift present share percentage or benefit referred to in subparagraphs (b)

and (c) or offering or giving to the public officer the employment mentioned in subparagraph(d) or urging 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 nine of this Act and shall be permanently or temporarily disqualified in thediscretion of the Court from transacting business in any form with the Government

Sec 4 Prohibition on private individuals - (a) It shall be unlawful for any personhaving family or close personal relation with any public official to capitalize or exploit or take

advantage of such family or close personal relation by directly or indirectly requesting orreceiving any present gift or material or pecuniary advantage from any other person having

some business transaction application request or contract with the government in which such

public official has to intervene Family relation shall include the spouse or relatives by

consanguinity or affinity in the third civil degree The word close personal relation shallinclude close personal friendship social and fraternal connections and professional

employments all giving rise to intimacy which assures free access to such public officer

(b) It shall be unlawful for any person knowingly to induce or cause any public official tocommit any of the offenses defined in Section 3 hereof Sec 5 Prohibition on certain relatives - It shall be unlawful for the spouse or forany relative by consanguinity or affinity within the third civil degree of the President of the

Philippines the Vice-President of the Philippines the President of the Senate or the Speaker of

the House of Representatives to intervene directly or indirectly in any business transaction

contract or application with the Government Provided That this section shall not apply to anyperson who prior to the assumption of office of any of the above officials to whom he is related

has been already dealing with the Government along the same line of business nor to any

transaction contract or application already existing or pending at the time of such assumption of

public office nor to any application filed by him the approval of which is not discretionary onthe part of the official or officials concerned but depends upon compliance with requisites

provided by law or rules or regulations issued pursuant to law nor to any act lawfully performedin an official capacity or in the exercise of a profession

Sec 6 Prohibition on Members of Congress - It shall be unlawful hereafter for anyMember of the Congress during the term for which he has been elected to acquire or receive any

personal pecuniary interest in any specific business enterprise which will be directly and

particularly favored or benefited by any law or resolution authored by him previously approvedor adopted by the Congress during the same term

The provision of this section shall apply to any other public officer who recommended theinitiation in Congress of the enactment or adoption of any law or resolution and acquires or

receives any such interest during his incumbency



Page 26 of 31 pages

It shall likewise be unlawful for such member of Congress or other public officer who having

such interest prior to the approval of such law or resolution authored or recommended by himcontinues for thirty days after such approval to retain such interest

Sec 7 Statement of assets and liabilities - Every public officer within thirtydays after the approval of this Act or after assuming office and within the month of January of

every other year thereafter as well as upon the expiration of his term of office or upon hisresignation or separation from office shall prepare and file with the office of the corresponding

Department Head or in the case of a Head of Department or chief of an independent office with

the Office of the President or in the case of members of the Congress and the officials andemployees thereof with the Office of the Secretary of the corresponding House a true detailed

and sworn statement of assets and liabilities including a statement of the amounts and sources of

his income the amounts of his personal and family expenses and the amount of income taxes

paid for the next preceding calendar year Provided That public officers assuming office lessthan two months before the end of the calendar year may file their statements in the following

months of January Sec 8 Dismissal due to unexplained wealth - If in accordance with theprovisions of Republic Act Numbered One thousand three hundred seventy-nine a publicofficial has been found to have acquired during his incumbency whether in his name or in the

name of other persons an amount of property andor money manifestly out of proportion to his

salary and to his other lawful income that fact shall be a ground for dismissal or removal

Properties in the name of the spouse and unmarried children of such public official may be takeninto consideration when their acquisition through legitimate means cannot be satisfactorily

shown Bank deposits shall be taken into consideration in the enforcement of this section

notwithstanding any provision of law to the contrary

Sec 9 Penalties for violations - (a) Any public officer or private person committing

any of the unlawful acts or omissions enumerated in Sections 3 4 5 and 6 of this Act shall bepunished with imprisonment for not less than one year nor more than ten years perpetual

disqualification from public office and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and

other lawful income

Any complaining party at whose complaint the criminal prosecution was initiated shall in case

of conviction of the accused be entitled to recover in the criminal action with priority over the

forfeiture in favor of the Government the amount of money or the thing he may have given to

the accused or the value of such thing (b) Any public officer violation any of the provisions of Section 7 of this Act shall be punishedby a fine of not less than one hundred pesos nor more than one thousand pesos or byimprisonment not exceeding one year or by both such fine and imprisonment at the discretion

of the Court



Page 27 of 31 pages

The violation of said section proven in a proper administrative proceeding shall be sufficient

cause for removal or dismissal of a public officer even if no criminal prosecution is institutedagainst him

Sec 10 Competent court - Until otherwise provided by law all prosecutions under thisAct shall be within the original jurisdiction of the proper Court of First Instance (now Regional

Trial Court) Sec 11 Prescription of offenses - All offenses punishable under this Act shallprescribe in ten (10) years

Sec 12 Termination of office - No public officer shall be allowed to resignor retire pending an investigation criminal or administrative or pending aprosecution against him for any offense under this Act or under the provisionsof the Revised Penal Code on bribery Sec 13 Suspension and loss of benefits - Any public officer against whom any

criminal prosecution under a valid information under this Act or under the provisions of theRevised Penal Code on bribery is pending in court shall be suspended from office 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 and to the salaries and benefits which he

failed to receive during suspension unless in the meantime administrative proceedings have been

filed against him Sec 14 Exception - Unsolicited gifts or presents of small or insignificant value offered orgiven as a mere ordinary token of gratitude or friendship according to local customs or usageshall be excepted from the provisions of this Act

Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any professionlawful trade or occupation by any private person or by any public officer who under the law may

legitimately practice his profession trade or occupation during his incumbency except wherethe practice of such profession trade or occupation involves conspiracy with any other person or

public official to commit any of the violations penalized in this Act

PRESIDENTIAL DECREE NO 46

(November 10 1972)

MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TORECEIVE AND FOR PRIVATE PERSONS TO GIVE GIFTS ON ANY OCCASION

INCLUDING CHRISTMAS



Page 28 of 31 pages

Any public official and employee whether of the national or local governments to receive

directly or indirectly and for private persons to give or offer to give any gift present or othervaluable thins on any occasion including Christmas when such gift present or other valuable

thing is given by reason of his official position regardless of whether or not the same is for past

favor or favors or the giver hopes or expects to receive a favor or better treatment in the futurefrom the public official and employee concerned in the discharge of his official functions

Included within the prohibition is the throwing of parties or entertainments in honor of theofficial and employee or his immediate relatives

For violation of this Decree the penalty of imprisonment for not less than one (1) year nor

more than five (5) years and perpetual disqualification from public office shall be imposed Theofficial and employee concerned shall likewise be subject to administrative disciplinary action

and if found guilty shall be meted out the penalty of suspension or removal depending on the

seriousness of the offense


[As Amended by Republic Act No 7659 (The Death Penalty Law)]

(July 12 1991)

AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER

Section 1 d Ill-gotten wealth means any asset property businessenterprise or material possession of any person within the purview of

Section two (2) hereof acquired by him directly or indirectly throughdummies nominees agents subordinates andor business associates by

any combination or series of the following means or similar schemes

1 Through misappropriation conversion misuse or malversationof public funds or raids on the public treasury

2 By receiving directly or indirectly any commission giftshare percentage kickbacks or anyor entity in connection with

any government contract or project or by reason of the office or

position of the public officer concerned

3 By the illegal or fraudulent conveyance or disposition of assets

belonging to the National government or any of its subdivisions



Page 29 of 31 pages

agencies or instrumentalities or government-owned or controlled

corporations and their subsidiaries

4 By obtaining receiving or accepting directly or indirectly anyshares of stock equity or any other form of interest or participation

including the promise of future employment in any business

enterprise or undertaking

5 By establishing agricultural industrial or commercial

monopolies or other combinations andor implementation of

decrees and orders intended to benefit particular persons or specialinterests or

6 By taking undue advantage of official position authorityrelationship connection or influence to unjustly enrich himself or

themselves at the expense and to the damage and prejudice of the

Filipino people and the Republic of the Philippines

Sec 2 Definition of the Crime of Plunder Penalties - Anypublic officer who by himself or in connivance with members of his family

relatives by affinity or consanguinity business associates subordinates or other

persons amasses accumulates or acquires ill-gotten wealth through acombination or series of overt criminal acts as described in Section 1 (d) hereof in

the aggregate amount or total value of at least Fifty million pesos

(P5000000000) shall be guilty of the crime of plunder and shall be punished by

reclusion perpetua to death Any person who participated with the said publicofficer in the commission of an offense contributing to the crime of plunder shall

likewise be punished for such offense In the imposition of penalties the degree

of participation and the attendance of mitigating and extenuating circumstancesas provided by the Revised Penal Code shall be considered by the court The

court shall declare any and all ill-gotten wealth and their interests and other

incomes and assets including the properties and shares of stocks derived from thedeposit or investment thereof forfeited in favor of the State [As Amended by Section

12 Republic Act No 7659 (The Death Penalty Law)]

Sec 3 Competent Court - Until otherwise provided by law all prosecutions

under this Act shall be within the original jurisdiction of the Sandiganbayan

Sec 4 Rule of Evidence - For purposes of establishing the crime of plunder it

shall not be necessary to prove each and every criminal act done by the accused infurtherance of the scheme or conspiracy to amass accumulate or acquire ill-gotten

wealth it being sufficient to establish beyond reasonable doubt a pattern of overt

or criminal acts indicative of the overall unlawful scheme or conspiracy



Page 30 of 31 pages

Sec 5 Suspension and Loss of Benefits - Any public officer against whom any

criminal prosecution under a valid information under this Act in whatever stage of execution and mode of participation is pending in court shall be suspended from

office 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 toreinstated and to the salaries and other benefits which he failed to receive during

suspension unless in the meantime administrative proceedings have been filedagainst him

Sec 6 Prescription of Crime - The crime punishable under this Act shall

prescribe in twenty (20) years However the right of the State to recoverproperties unlawfully acquired by public officers from them or from their

nominees or transferees shall not be barred by prescription laches or estoppel

Sec 7 Separability of Provisions - If any provisions of this Act or theapplication thereof to any person or circumstance are held invalid the remaining

provisions of this Act and the application of such provisions to other persons or

circumstances shall not be affected thereby

A Final Word (Toward New Beginnings as stated in the SONA of former Pres Estrada July 24 2000)

ldquoGraft and corruption is the worst form of rottenness in our society It erodes themoral fabric of our people robs the poor increases the costs of doing business erodes

tax collection efforts and drives away investments The World Bank estimates that at

least 20 percent of government project funds ends up as kickbacks

We can no longer fight corruption piecemeal We need a comprehensive approach that

would reduce opportunities for corruption remove needless regulations and simplify procedures eradicate the end to recover electoral expenses by corrupt means

increase public vigilance both to deter and to detect commissions of graft reform

budget processes improve meritocracy in the civil service target selected departments

and agencies for cleansing increase the efficiency and speed in catching offenders and

their prosecution stiffen sanctions against corruption partnerships with the private

sector and support judicial reform to make the courts part of the solution rather than

part of the problem The courts should not allow themselves to be used as a refuge for

scoundrelsrdquo

References

1 THEORY AND PRACTICE OF PUBLIC ADMINISTRATION



Page 31 of 31 pages

By Avelino P Tendero

2 THE 1987 PHILIPPINE CONSTITION

3 PDI Article Corruption as a Way of LifeBy Dr Eric Vincent C Batalla

August 27 2000

4 Republic Act No 3019

Anti-Graft and Corrupt Practices Act as Amended by PD No 677

5 Republic Act No 3815The Revised Penal Code

December 8 1930

6 The Philippine Center for Investigative Journalism

7 REPUBLIC ACT NO 7080[As Amended by Republic Act No 7659 (The Death Penalty Law)]

(July 12 1991)

8 Toward New BeginningsSONA of former Pres Joseph E Estrada

July 24 2000

9 REPUBLIC ACT NO 6713Code of Conduct and Ethical Standards for Public Officials and Employees

10 EXECUTIVE NO 292Instituting the ―Administrative Code of 1987

(July 25 1987)



of 31 pages

is sometimes also applied to officials who use the public funds they administer for their own

benefit who in other words are guilty of embezzlement at the expense of a public body

In most instances reference to corruption is made in connection with other subjects such as

crime or public administration Many works referring to corruption do not attempt a conceptualand actual analysis

The commonly held perception amongst most people of corruption is that of something that isdebased impure or acts of criminality Indeed corruption as it relates to human behavior can be

all of those things and more

Innate in the human psyche irrespective of race or religion is a sense of morality of what isright and wrong

As innate as this sense of morality is the desire to gain advantage over others A conflict of good

and evil Thankfully most people display more of the good and some display extraordinary featsof humility and selflessness

Yet others sway to the easy path of seeking advantage wherever they can get it Self and self gratification are their main motives These individuals it could be said are corrupt or corruptible

Corruption weakens the fabric of societies and leads to the society becoming dysfunctional

The 1987 Constitution of the Philippines provides the basis of ethical and accountable behavior

in the public sector Section 1 of Article XI states that

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

This provision requires every public official and employee to exhibit and live certain valueswhile in government service In addition the State has been mandated by the Constitution to

―maintain honesty and integrity in the public service and take positive and effective measures

against graft and corruption

In 1989 the Philippine legislature passed Republic Act No 6713 a law embodying the Code of

Conduct and Ethical Standards for Public Officials and Employees The Code spells out in fine

detail the dolsquos and donlsquots for government officials and employees in and out of the workplace

These dolsquos and donlsquots are encapsulated in the eight norms of conduct to be observed by all

government officials and employees These norms or standards are

bull Commitment to public interest

bull Professionalism

bull Justness and sincerity



Page 3 of 31 pages





bull Simple living




been put in place






lead thereto

















Page 4 of 31 pages






concessions






will profit thereby


interest








entitled





Page 5 of 31 pages















Colonial roots





in 19th










Page 6 of 31 pages








eradicated


the countryside









American legacy













Page 7 of 31 pages






























Page 8 of 31 pages









accountability








Page 9 of 31 pages


















Page 10 of 31 pages



1 undervaluation

2 misclassification

3 misdeclaration










Page 11 of 31 pages






This








Page 12 of 31 pages



Corrupt Conduct
















(b) bribery

(c) blackmail


(e) fraud



Page 13 of 31 pages

(f) theft


(h) embezzlement



(k) election fraud

(1) treating

(m) tax evasion

(n) revenue evasion




(r) forgery









Red Tape




Page 14 of 31 pages




Nepotism











Page 15 of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


units



















Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























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References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages





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been put in place






lead thereto

















Page 4 of 31 pages






concessions






will profit thereby


interest








entitled





Page 5 of 31 pages















Colonial roots





in 19th










Page 6 of 31 pages








eradicated


the countryside









American legacy













Page 7 of 31 pages






























Page 8 of 31 pages









accountability








Page 9 of 31 pages


















Page 10 of 31 pages



1 undervaluation

2 misclassification

3 misdeclaration










Page 11 of 31 pages






This








Page 12 of 31 pages



Corrupt Conduct
















(b) bribery

(c) blackmail


(e) fraud



Page 13 of 31 pages

(f) theft


(h) embezzlement



(k) election fraud

(1) treating

(m) tax evasion

(n) revenue evasion




(r) forgery









Red Tape




Page 14 of 31 pages




Nepotism











Page 15 of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


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Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























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References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages






concessions






will profit thereby


interest








entitled





Page 5 of 31 pages















Colonial roots





in 19th










Page 6 of 31 pages








eradicated


the countryside









American legacy













Page 7 of 31 pages






























Page 8 of 31 pages









accountability








Page 9 of 31 pages


















Page 10 of 31 pages



1 undervaluation

2 misclassification

3 misdeclaration










Page 11 of 31 pages






This








Page 12 of 31 pages



Corrupt Conduct
















(b) bribery

(c) blackmail


(e) fraud



Page 13 of 31 pages

(f) theft


(h) embezzlement



(k) election fraud

(1) treating

(m) tax evasion

(n) revenue evasion




(r) forgery









Red Tape




Page 14 of 31 pages




Nepotism











Page 15 of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


units



















Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages















Colonial roots





in 19th










Page 6 of 31 pages








eradicated


the countryside









American legacy













Page 7 of 31 pages






























Page 8 of 31 pages









accountability








Page 9 of 31 pages


















Page 10 of 31 pages



1 undervaluation

2 misclassification

3 misdeclaration










Page 11 of 31 pages






This








Page 12 of 31 pages



Corrupt Conduct
















(b) bribery

(c) blackmail


(e) fraud



Page 13 of 31 pages

(f) theft


(h) embezzlement



(k) election fraud

(1) treating

(m) tax evasion

(n) revenue evasion




(r) forgery









Red Tape




Page 14 of 31 pages




Nepotism











Page 15 of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


units



















Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages








eradicated


the countryside









American legacy













Page 7 of 31 pages






























Page 8 of 31 pages









accountability








Page 9 of 31 pages


















Page 10 of 31 pages



1 undervaluation

2 misclassification

3 misdeclaration










Page 11 of 31 pages






This








Page 12 of 31 pages



Corrupt Conduct
















(b) bribery

(c) blackmail


(e) fraud



Page 13 of 31 pages

(f) theft


(h) embezzlement



(k) election fraud

(1) treating

(m) tax evasion

(n) revenue evasion




(r) forgery









Red Tape




Page 14 of 31 pages




Nepotism











Page 15 of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


units



















Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























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References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages






























Page 8 of 31 pages









accountability








Page 9 of 31 pages


















Page 10 of 31 pages



1 undervaluation

2 misclassification

3 misdeclaration










Page 11 of 31 pages






This








Page 12 of 31 pages



Corrupt Conduct
















(b) bribery

(c) blackmail


(e) fraud



Page 13 of 31 pages

(f) theft


(h) embezzlement



(k) election fraud

(1) treating

(m) tax evasion

(n) revenue evasion




(r) forgery









Red Tape




Page 14 of 31 pages




Nepotism











Page 15 of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


units



















Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages









accountability








Page 9 of 31 pages


















Page 10 of 31 pages



1 undervaluation

2 misclassification

3 misdeclaration










Page 11 of 31 pages






This








Page 12 of 31 pages



Corrupt Conduct
















(b) bribery

(c) blackmail


(e) fraud



Page 13 of 31 pages

(f) theft


(h) embezzlement



(k) election fraud

(1) treating

(m) tax evasion

(n) revenue evasion




(r) forgery









Red Tape




Page 14 of 31 pages




Nepotism











Page 15 of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


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Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


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Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









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Page 24 of 31 pages











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any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages


















Page 10 of 31 pages



1 undervaluation

2 misclassification

3 misdeclaration










Page 11 of 31 pages






This








Page 12 of 31 pages



Corrupt Conduct
















(b) bribery

(c) blackmail


(e) fraud



Page 13 of 31 pages

(f) theft


(h) embezzlement



(k) election fraud

(1) treating

(m) tax evasion

(n) revenue evasion




(r) forgery









Red Tape




Page 14 of 31 pages




Nepotism











Page 15 of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


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Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages



1 undervaluation

2 misclassification

3 misdeclaration










Page 11 of 31 pages






This








Page 12 of 31 pages



Corrupt Conduct
















(b) bribery

(c) blackmail


(e) fraud



Page 13 of 31 pages

(f) theft


(h) embezzlement



(k) election fraud

(1) treating

(m) tax evasion

(n) revenue evasion




(r) forgery









Red Tape




Page 14 of 31 pages




Nepotism











Page 15 of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


units



















Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages






This








Page 12 of 31 pages



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(b) bribery

(c) blackmail


(e) fraud



Page 13 of 31 pages

(f) theft


(h) embezzlement



(k) election fraud

(1) treating

(m) tax evasion

(n) revenue evasion




(r) forgery









Red Tape




Page 14 of 31 pages




Nepotism











Page 15 of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


units



















Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages



Corrupt Conduct
















(b) bribery

(c) blackmail


(e) fraud



Page 13 of 31 pages

(f) theft


(h) embezzlement



(k) election fraud

(1) treating

(m) tax evasion

(n) revenue evasion




(r) forgery









Red Tape




Page 14 of 31 pages




Nepotism











Page 15 of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


units



















Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages

(f) theft


(h) embezzlement



(k) election fraud

(1) treating

(m) tax evasion

(n) revenue evasion




(r) forgery









Red Tape




Page 14 of 31 pages




Nepotism











Page 15 of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


units



















Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages




Nepotism











Page 15 of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


units



















Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages








Textbook scams



65 percent










contract she won



Page 16 of 31 pages

Public works










Votes for sale



P 4 million















Page 17 of 31 pages






























Page 18 of 31 pages


units



















Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









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Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages

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Votes for sale



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Page 17 of 31 pages






























Page 18 of 31 pages


units



















Page 19 of 31 pages









Law)]




















Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages






























Page 18 of 31 pages


units



















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Page 20 of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages


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Page 19 of 31 pages









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Page 20 of 31 pages


be appointed














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Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages









Law)]




















Page 20 of 31 pages


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documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages


be appointed














documents
















Page 21 of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages























Page 22 of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages




















both







Page 23 of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages









such delivery



















Page 24 of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages











interested party





any interest








entitled





Page 25 of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages


























Page 26 of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages



















other lawful income





of the Court



Page 27 of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages














(November 10 1972)


INCLUDING CHRISTMAS



Page 28 of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages












(July 12 1991)













Page 29 of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages































Page 30 of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages
























scoundrelsrdquo

References




Page 31 of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)



of 31 pages




August 27 2000




December 8 1930



(July 12 1991)


July 24 2000



(July 25 1987)

graft and corruption_a school report

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