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Transparency andTransparency andPublic AccountabilityPublic Accountability
Magdalena L MendozaMagdalena L Mendoza
Development Academy of the PhilippinesDevelopment Academy of the Philippines
14 October 201014 October 2010
AGIA Annual ConventionAGIA Annual Convention
AGIA Para SaAGIA Para SaPagsulongPagsulongNgNgBagongBagongPilipinasPilipinas
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P728-million "fertilizer scam"Source: philstar.com
Unexplained wealth of AFP ComptrollerSource: gmanews.tv
Allegations of anomalous NBN-ZTE dealSource: imbe.wordpress.com
C-5 Extension controversySource: net-planet.org
Alleged irregularity in P1.3Billion Mega Pacific Poll
Automation contractSource: philstar.com
Allegations of excessive perks andprivileges of GOCCsSource: forum.philboxing.com
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HarryHarry StonehillStonehill Scandal, 1962Scandal, 1962 Former American Army lieutenant turnedFormer American Army lieutenant turned
businessmanbusinessman Suspected of tax evasion, bribery, andSuspected of tax evasion, bribery, and
corruption of public officialscorruption of public officials
Protests came from the halls of Congress andProtests came from the halls of Congress andSenate when a search warrant of his office wasSenate when a search warrant of his office wasorderedordered
StonehillStonehill hurriedly left the country allegedly tohurriedly left the country allegedly tosave the political fortunes of many highsave the political fortunes of many high--rankingrankingofficialsofficials
Source: wikipedia.org
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For many years after WWII, theFor many years after WWII, the
seeds of corruption had begin toseeds of corruption had begin togrow permeating the middle andgrow permeating the middle and
upper echelons of Philippine societyupper echelons of Philippine society..
- The Filipino Mindby Jose W. Diokno
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1.04
1.96
2.77 2.69
3.053.30
3.60
2.80 2.90
2.60 2.50 2.60 2.50 2.50 2.50
2.302.40
1980-
85
1988-
92
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
Yea
Figure 2: Corruption Perception Index, various ye
Corruption Perception Index:Corruption Perception Index:
PhilippinesPhilippines
Source: Transparency International
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153Closing a business
118Enforcing contracts
68Trading across borders
135Paying taxes
132Protecting investors
127Getting credit102Registering property
115Employing workers
111Dealing with construction permits162Starting a business
144 (out of 183)Ease of doing business (overall rank)
2010 RankIndicatorDoing Business in the PhilippinesDoing Business in the Philippines
Source: WB Doing Business Report 2010
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WGI 2008 PhilippineWGI 2008 Philippine
Governance RankingGovernance Ranking
0 10 20 30 40 50 60
Voice and accountability
Political stability
Government effectiveness
Regulatory quality
Rule of law
Control of corruption
Note: Exemplary - percentile ranking of above 90th/between75th to 90th
Vulnerable - percentile ranking of between 50th and 75th/between 25th to 50th
Governance crisis- percentile ranking of between 10th to 25th/bottom 10th
vulnerablecrisis
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Source: UNDP, 1997
What is GovernanceWhat is Governance Exercise ofExercise ofeconomic, political andeconomic, political and
administrativeadministrative authorityauthority to manage a countryto manage a countryssaffairs at all levelsaffairs at all levels
MechanismsMechanisms,, processesprocesses andand institutionsinstitutions
through which citizens and groupsthrough which citizens and groups articulate their interestsarticulate their interests
exercise their legal rightsexercise their legal rights
meet their obligations, andmeet their obligations, and
mediate their differencesmediate their differences
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Characteristics of GoodCharacteristics of Good
GovernanceGovernance PredictablePredictable
Open and enlightened policyOpen and enlightened policy--makingmaking
Bureaucracy imbued with a professional ethosBureaucracy imbued with a professional ethos
acting in furtherance of the public goodacting in furtherance of the public good
Respect for the rule of lawRespect for the rule of law
Transparent processesTransparent processes
Strong civil society participating in public affairsStrong civil society participating in public affairs
Source: World Bank
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Principles of Good GovernancePrinciples of Good Governance
ParticipationParticipation
Rule of lawRule of law
TransparencyTransparency
ResponsivenessResponsiveness ConsensusConsensus
orientationorientation
EquityEquity
Efficiency andEfficiency andeffectivenesseffectiveness
AccountabilityAccountability
Strategic visionStrategic vision
Source: UNDP, 1997
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Worldwide Governance IndicatorsWorldwide Governance Indicators
Voice and accountabilityVoice and accountability Political stability/absence of violencePolitical stability/absence of violence
Government effectivenessGovernment effectiveness Regulatory qualityRegulatory quality
Rule of lawRule of law
Control of corruptionControl of corruption
Source: World Bank Institute
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0th-10th percentile
10th-25th percentile
25th-50th percentile
50th-75th percentile
75th-90th percentile
90th
-100th
percentile
Legend:
Note: Percentile ranks indicate thepercentage of countries worldwide
that rate below the selected country.Higher values indicate better
governance ratings.
Figure 3. Governance Rating 1996-2008
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TransparencyTransparency
Transparency is built on the free flow ofTransparency is built on the free flow of
information. It requires that processes,information. It requires that processes,institutions and information are directlyinstitutions and information are directly
accessible to those concerned with them,accessible to those concerned with them,
and enough information is provided toand enough information is provided to
understand and monitor them.understand and monitor them.
Source: UNDP, 1997
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Public AccountabilityPublic Accountability
DecisionDecision--makers in government, themakers in government, the
private sector and civil societyprivate sector and civil societyorganizations are accountable to theorganizations are accountable to the
ppublic, as well as to institutionalublic, as well as to institutional
stakeholders.stakeholders.
Answerability of decisions, actions andAnswerability of decisions, actions and
even failures.even failures.
Source: Adapted from UNDP
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Principle of Public OfficePrinciple of Public Office
Public office is a public trust. PublicPublic office is a public trust. Publicofficers and employees must at all timesofficers and employees must at all times
be accountable to the people, serve thembe accountable to the people, serve them
with utmost responsibility, integrity,with utmost responsibility, integrity,loyalty, and efficiency, act with patriotismloyalty, and efficiency, act with patriotism
and justice and lead modest lives.and justice and lead modest lives.
Source: 1987 Philippine Constitution Sec 1, Art. XI
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Duties of Public Officials andDuties of Public Officials and
EmployeesEmployees
Act promptly on letters and requestsAct promptly on letters and requests
Submit annual performance reportsSubmit annual performance reports Process documents and papersProcess documents and papers
expeditiouslyexpeditiously
Act immediately on the publicAct immediately on the publics personals personaltransactionstransactions
Make documents accessible to the publicMake documents accessible to the public
Source: Republic Act No. 6713
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Prohibited Acts and TransactionsProhibited Acts and Transactions
Financial and material interest in anyFinancial and material interest in any
transactiontransaction Outside employment and other relatedOutside employment and other related
activitiesactivities
Private practice of professionPrivate practice of profession
Disclosure and or misuse of confidentialDisclosure and or misuse of confidentialinformationinformation
Solicitation or acceptance of gifts in theSolicitation or acceptance of gifts in thecourse of their official dutiescourse of their official duties
Source: Republic Act No. 6713
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Other Important ProvisionsOther Important Provisions
Filing of Statements of Assets andFiling of Statements of Assets and
Liabilities and Net Worth (SALN)Liabilities and Net Worth (SALN) Financial disclosureFinancial disclosure
Identification and disclosure of relativesIdentification and disclosure of relativesAccessibility of statementsAccessibility of statements
DivestmentDivestment
Source: Republic Act No. 6713
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What is CorruptionWhat is Corruption
Use of office for private interest orUse of office for private interest or
partisan advantagepartisan advantage Breakdown of principalBreakdown of principal--agent relationshipagent relationship
Impairment of integrityImpairment of integrity
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Heuristic Formula for CorruptionHeuristic Formula for Corruption
C = M + DC = M + D --AA
Corruption = Monopoly Power + Wide Discretion Accountability
Source: Robert Klitgaard
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Corrupt Practices of Public OfficersCorrupt Practices of Public Officers Persuading, inducing or influencing another public officerPersuading, inducing or influencing another public officer
to violate rulesto violate rules
Requesting or receiving gift or any benefit in connectionRequesting or receiving gift or any benefit in connectionwith any government contract or transactionwith any government contract or transaction
Requesting or receiving gift or any benefit from anyRequesting or receiving gift or any benefit from any
person who has secured or will secure governmentperson who has secured or will secure governmentpermit or licensepermit or license
Accepting employment in a private enterprise which hasAccepting employment in a private enterprise which haspending business with the public officerpending business with the public officer
Giving any private party unwarranted benefits,Giving any private party unwarranted benefits,advantage or preferenceadvantage or preference
Source: Republic Act No. 3019
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Corrupt Practices of Public OfficersCorrupt Practices of Public Officers Neglecting or refusing to act within reasonable timeNeglecting or refusing to act within reasonable time
without sufficient justificationwithout sufficient justification Entering, on behalf of government, into any contractEntering, on behalf of government, into any contract
manifestly or grossly disadvantageous to governmentmanifestly or grossly disadvantageous to government
Having financial or pecuniary interest in any business,Having financial or pecuniary interest in any business,
contract or transaction in connection with which thecontract or transaction in connection with which thepublic official intervenespublic official intervenes
Approving or granting license, permit, privilege or benefitApproving or granting license, permit, privilege or benefit
in favor of any person not qualified or legally entitled toin favor of any person not qualified or legally entitled to Divulging valuable information of a confidential characterDivulging valuable information of a confidential character
Source: Republic Act No. 3019
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Government FunctionsGovernment Functions
Vulnerable to CorruptionVulnerable to Corruption
Revenue collectionRevenue collection Government procurement contractsGovernment procurement contracts
Sale of stateSale of state--owned enterprises/state assetsowned enterprises/state assets
Allocation of governmentAllocation of government--controlled or regulatedcontrolled or regulatedsupplies of goods, credit, foreign exchange,supplies of goods, credit, foreign exchange,licenses or permitslicenses or permits
Access to government services or subsidiesAccess to government services or subsidies
Enforcement of laws and regulationsEnforcement of laws and regulations AdjudicationAdjudication
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Reducing Opportunities forReducing Opportunities for
Corruption in ProcurementCorruption in Procurement
Government Procurement Reform Act ofGovernment Procurement Reform Act of
2003 (R.A. 9184)2003 (R.A. 9184) Significant progress in:Significant progress in:
ProfessionalizationProfessionalizationof procurement officersof procurement officers
TransparencyTransparency PHILGEPS, CSO monitoringPHILGEPS, CSO monitoring
Revised IRR covering locallyRevised IRR covering locally--funded andfunded and
foreignforeign--assisted projects issued in 2009assisted projects issued in 2009
Lauded asLauded asisland of good governanceisland of good governance
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Controlling Corruption in RevenueControlling Corruption in Revenue
CollectionCollection
Revenue Integrity Protection Service (RIPS)Revenue Integrity Protection Service (RIPS) Run After Tax Evaders (RATE) Program ofRun After Tax Evaders (RATE) Program of
the BIRthe BIR
Run After the Smugglers (RATS) Program ofRun After the Smugglers (RATS) Program of
BOCBOC
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116
78
73
0 20 40 60 80 100 120 140
Run After Tax Evaders
(RATE)
Run After The
Smugglers (RATS)
Revenue Integrity
Protection Service
(RIPS)
Number of Cases
Number of Cases filed under RIPS,
RATS, and RATE as of 2009
Source: BIR and SONA, 2009
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Improving Structures and Systems toImproving Structures and Systems to
Prevent Corruption and Reduce Red TapePrevent Corruption and Reduce Red Tape
Rationalization ProgramRationalization Program IDAP (22IDAP (22 DoablesDoables))
Integrity Development ReviewIntegrity Development ReviewAntiAnti--Red Tape ActRed Tape Act
EE--governmentgovernment
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Integrity Development ReviewIntegrity Development Review
Joint Corruption Prevention program of OMB,Joint Corruption Prevention program of OMB,
DBM, CSC, COA, PAGC, and DAPDBM, CSC, COA, PAGC, and DAP
CVA (2002): DBM, DAPCVA (2002): DBM, DAP
IDR (2004): Ombudsman,IDR (2004): Ombudsman,
DepEdDepEd
, CSC, CSC
IDR (2005): BIR, BOC, DPWH, LTO, PNPIDR (2005): BIR, BOC, DPWH, LTO, PNP
IDR (2007): DAR, DENR, DOH,IDR (2007): DAR, DENR, DOH, BuCorBuCor, BFP,, BFP,
DBMDBM--PS, Phil. Navy, PVAO, LRA, LRTA, NIAPS, Phil. Navy, PVAO, LRA, LRTA, NIA IDR (2008): DSWDIDR (2008): DSWD
IDR (2010): Land BankIDR (2010): Land Bank
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AntiAnti--Red TapeRed Tape Signature Reduction (2001)Signature Reduction (2001)
AntiAnti--Red Tape Act of 2007 (R.A. 9485)Red Tape Act of 2007 (R.A. 9485) Mandates transactions reengineering and CitizenMandates transactions reengineering and Citizenss
Charter for frontline servicesCharter for frontline services
Criminalizes fixingCriminalizes fixing Further streamlining of processing time, formsFurther streamlining of processing time, forms
and requirements e.g. business nameand requirements e.g. business name
registrationregistration
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3,058
Total Number ofGovernment Agencies 4,628
Government Agenciesand Local Governments
Fully Compliant with ARTA
Government Agenciesand Local Governments
in various stagesof compliance with ARTA
1,570
Source: CSC, October 2009
Status of ARTA Implementation
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EE--governmentgovernment Use of ICT, particularly the Internet, as aUse of ICT, particularly the Internet, as a
tool to enhance transparency and efficiencytool to enhance transparency and efficiency
to achieve better governmentto achieve better government Creation of eCreation of e--Government Fund in 2003Government Fund in 2003
Stage 1 Emerging web presenceStage 2 Enhanced web presenceStage 3 Interactive web presenceStage 4 Transactional web
presenceStage 5 Seamless or fully integrated
web presence
Source: CICT, 2007
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Rationalization ProgramRationalization Program E.O. 366E.O. 366 -- directs the strategic review anddirects the strategic review and
rationalization of functions of government torationalization of functions of government tofocus resources to core public servicesfocus resources to core public services
No. of regular positions abolished: 10,984No. of regular positions abolished: 10,984
No. of contractual/casual positions abolished:No. of contractual/casual positions abolished:2,0482,048
Total PS savings generated: P2.281 billionTotal PS savings generated: P2.281 billion
Source: DBM, 2010
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Strengthening Audit andStrengthening Audit and
Internal ControlsInternal Controls
New Government Accounting SystemsNew Government Accounting Systems(NGAS)(NGAS)
PASADAPASADA
Instituting Internal Audit (A.O. 70)Instituting Internal Audit (A.O. 70) National Guidelines on Internal ControlNational Guidelines on Internal Control
(NGICS) issued in 2008(NGICS) issued in 2008
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Altering IncentivesAltering Incentives
Lateral Attrition Law of 2005Lateral Attrition Law of 2005 New Performance MeasurementNew Performance Measurement
System (PMSSystem (PMS--OPES)OPES)
Salary Standardization III (2009)Salary Standardization III (2009)
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Legal Instruments to ControlLegal Instruments to Control
CorruptionCorruption
Revised Penal CodeRevised Penal Code Title VII: CrimesTitle VII: CrimesCommitted by Public OfficersCommitted by Public Officers
R.A. 3019R.A. 3019AntiAnti--Graft and Corrupt Practices ActGraft and Corrupt Practices Act
Executive Order No. 292Executive Order No. 292Administrative CodeAdministrative Code
R.A. 7080R.A. 7080AntiAnti--Plunder ActPlunder Act
R.A. 1379R.A. 1379 Unexplained Wealth ActUnexplained Wealth Act
R.A. 6713R.A. 6713An Act Establishing a Code ofAn Act Establishing a Code ofConduct and Ethical Standards for PublicConduct and Ethical Standards for PublicOfficials and EmployeesOfficials and Employees
R.A. 9485R.A. 9485AntiAnti--Red Tape Act of 2007Red Tape Act of 2007
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Casting a Wide Net OverCasting a Wide Net Over
Corrupt ActsCorrupt Acts
Strengthening of antiStrengthening of anti--corruptioncorruption
agenciesagencies
Lifestyle ChecksLifestyle Checks
AntiAnti--Money Laundering ActMoney Laundering Act Ratification of UN Convention AgainstRatification of UN Convention Against
CorruptionCorruption
Judicial reformJudicial reform
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181124
338
512
0
100
200
300
400
500
600
2003 2004 2005 2006
Cases Involving High-ranking Officials
Charged before the Sandiganbayan
Source: Supreme Court, 2008
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37.9% 38.2%39.4%
39.5%40.2% 39.5%
44.9%
51.3%
58.9%
0
10
20
30
40
50
60
70
2006 2007 2008
case
disp
osition
rate
Supreme Court
Appellate Courts
Lower Courts
Case Disposition Rate in the Judiciary
Source: Supreme Court, 2009
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Increasing Public VigilanceIncreasing Public Vigilance CSO WatchdogsCSO Watchdogs TAN, CAC,TAN, CAC,
Procurement Watch, GProcurement Watch, G--Watch,Watch,Ombudsman Watch, COMELEC Watch,Ombudsman Watch, COMELEC Watch,SCAW, CSO Procurement Observers,SCAW, CSO Procurement Observers,
Road Watch,Road Watch, BantayBantay KatarunganKatarungan, PPCRV,, PPCRV,etcetc
Investigative journalismInvestigative journalism PCIJPCIJ
CSO Monitors on Corruption PerceptionCSO Monitors on Corruption PerceptionSWS, Pulse Asia, TransparencySWS, Pulse Asia, TransparencyInternational, etcInternational, etc
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Creating A Culture ofCreating A Culture of
Intolerance to CorruptionIntolerance to Corruption
EhemEhem! Aha! Seminars! Aha! SeminarsValues Orientation WorkshopsValues Orientation Workshops
Moral Renewal Program (A.O.Moral Renewal Program (A.O.
255)255) Promotion of Codes of ConductPromotion of Codes of Conduct
Whistleblower Protection BillWhistleblower Protection Bill
Si i f G
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Sincerity of GovernmentSincerity of Government
Agencies in Fighting CorruptionAgencies in Fighting Corruption
Figure 5. Net Sincerity Ratings of Selected Government Agencies (2007-2009)
-80
-60
-40
-20
0
20
40
60
OMB
PAGC
PCGG
San
digan
bayan
Supreme
Court
DOJ
COA
DBM
OP
Dep
Ed
DOH
DPWH
PNP
AFP
BIR
BOC
LTO
DENR
2007
2008
2009
Source: Social Weather Stations
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Kung walang corrupt,Kung walang corrupt,
walang mahirapwalang mahirap..
- President Benigno S. Aquino III
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Thank you.Thank you.