WORKSHOP ON INTEGRITY, TRANSPARENCY AND

ACCOUNTABILITY IN PUBLIC SERVICE (ITAPS) AS AN ANTI-

CORRUPTION TOOL FOR THE PHILIPPINE NATIONAL POLICE

by

CUDIAMAT, Maria Crisanta Galimba

September, 2015

Thesis Presented to the Higher Degree Committee of

Ritsumeikan Asia Pacific University

in Partial Fulfillment of the Requirements for the Degree of

MASTER OF SCIENCE IN INTERNATIONAL COOPERATION POLICY

 TABLE OF CONTENTS

ACKNOWLEDGEMENTS………………………………………..…… i

LIST OF ABBREVIATIONS………………………………………….. iii

ABSTRACT…………………………………………………………….. v

DECLARATION………………………………………………………..viii

CHAPTER I. The Problem and Its Background

1.1. Introduction …………………………………………………… ..1

1.2. Statement of the Problem………………………………………. 4

1.3. Significance of the Study……………………………………….. 6

1.4. Scope and Limitation………………………………………….... 7

1.5. Definition of Terms……………………………………………… 8

CHAPTER II. The Face of Corruption

2.1. Corruption in the Philippines……………………………………… 11

2.2. Extent of Philippine Corruption…………………………………... 12

2.3. Forms of Corruption………………………………………………. 13

2.4. Anti-Corruption Efforts in the Philippines……………………….. 15

2.5. The Office of the Ombudsman: Anti-Corruption Agency……… . 22

2.6. The Anti-Corruption Programs of the Office of the Ombudsman.. 26

CHAPTER III. Review of Related Literature

3.1. What is Corruption?..........................................................................34

3.2. Causes of Corruption……………………………………………….36

3.3. Consequences of Corruption………………………………………..39

3.4. Trends in the Fight Against Corruption……………………………. 40

CHAPTER IV. Research Design and Methodology

3.1. Research Design…………………………………………………… 50

3.2. Research Strategies and Research Instruments………….……........ 54

CHAPTER V. Presentation, Analysis and Interpretation of Data

5.1. ITAPS Design ……………………………..……………………… 62

5.2. ITAPS Implementation …………………………..……………….. 66

5.3. Assessment of Effectiveness….………………….……………….. 76

5.4. Assessment of Efficiency………………………….……………… 77

CHAPTER V. Summary of Findings, Conclusion and Recommendations

5.1. Summary of Findings………………………………………….. 80

5.2. Conclusion………………………………………………………82

5.3 Recommendations………………………………………………. 83

Bibliography……………………………………………………….. 84

Appendices

Appendix 1.OMB 8-Point Priorities for 2011-2018……………….. 89

Appendix 2. Overview of the Workshop on Integrity, Transparency

and Accountability in Public Service (ITAPS)…………..……….. 96

Appendix 3.Description of ITAPS Modules………………………. 99

Appendix 4. ITAPS workshops conducted by OMB-MOLEO in

2014………………………………………………………………. 103

Appendix 5. Number of Complaints Filed OMB-MOLEO in 2014.. 104

Appendix 6. Number of cases docketed from 2008 to 2014 in OMB

MOLEO……………………………………………………………..105
LIST OF TABLES

Table 5.1. Number of ITAPS Workshop undertaken in 2014…… 64

Table 5.2. Summary of Findings………………………………… 65

Table 5.3. Statistics of Docketed Cases from 2008 to 2014……. . 73

 ACKNOWLEDGEMENTS

The success and completion of this thesis was made possible through the

guidance of Prof. Yamagami Susumu, who patiently shared his views and

perspective leading to the better organization of ideas conveyed in this paper.

To Prof. Bob Salazar and Prof. Jun Fellizar, Jr., your invaluable inputs and

guidance in the improvement of this paper is truly treasured.

To the OMB-MOLEO officials, my supervisors and colleagues, the

knowledge and experiences you have imparted have made this study possible and

meaningful.

To my good friends, Atty. Conrado Estreller, Jr., Atty. Eric Anthony

Dumpilo and Francis Rodriguez, your continuous encouragement and assistance is

deeply appreciated.

To my buddies in this endeavor for two (2) years, Michelle de Guzman-

Ariola and Michael Santiago, your untiring support and concern is really a blessing.

To my beloved family and second family here in Beppu, the Urano and Sato

families, and my Friday Family Fellowship (FFF), your boundless love and

unending support is my genuine inspiration.

i
 To the Japanese Grant Aid for Human Resource Development Scholarship

(JDS), thank you for giving me the entitlements needed to sustain and finance the

accomplishment of this study.

Foremost of all, to Almighty God, for His spiritual blessings and guidance

while I am undertaking this educational endeavor.

ii
 LIST OF ABBREVIATIONS

AMLC Anti-Money Laundering Council

CSC Civil Service Commission

CIPAAB Criminal Investigation, Prosecution and Administrative

Adjudication Bureau

COA Commission on Audit

CPU Corruption Prevention Unit

CSO Civil Society Organization

IDR Integrity Development Review

ITAPS Workshop on Integrity, Transparency and Accountability in Public

Service

JGU Junior Graftwatch Unit

LLC Lifestyle Check Coalition

MDG Millennium Development Goal

OMB Office of the Ombudsman

iii
OMB-MOLEO Office of the Ombudsman for the Military and Other Law

Enforcement Offices

PDP Philippine Development Plan

PNP Philippine National Police

PNPA Philippine National Police Academy

PPSC Philippine Public Safety College

RA Republic Act

UNCAC United Nations Convention Against Corruption

iv
 ABSTRACT

The problem of corruption is a global phenomenon drawing global concern.

It is problem faced not only by developing countries and transforming countries but

also in industrial and developed countries. The Philippines has the same story to

tell. Cognizant of the serious problem of corruption and its commitment to alleviate

poverty and promote sustainable development, the Philippine government has

adopted its own anti-corruption strategies ranging from the creation of several

specialized anti-corruption agencies, the passing of numerous anti-corruption laws,

the intensification of the prosecution of corrupt officials, partnering with the

international community in the fight against corruption, institutionalizing reforms

in the salary structure of public servants, to the conduct of extensive moral recovery

and public awareness workshops and seminars amongst public servants and the

public themselves in order to increase their awareness of the acts constituting graft

and corrupt practices, the penalties prescribed for commission of such acts, the evil

effects of corruption and their respective roles in the fight against corruption.

Recognizing the importance of the participation of the public servants in the

fight against corruption, the Office of the Ombudsman (OMB), the foremost anti-

corruption agency of the Philippines, crafted and embarked on a new anti-

corruption program called Workshop on Integrity, Transparency and

Accountability in Public Service (ITAPS). This is a workshop intended for public

v
servants. This workshop is focused on instilling upon the hearts of public servants

the value of effective and efficient public service delivery that is engrained with

integrity, transparency and accountability. The objective of the seminar is to

provide an avenue for participant-public servants to internalize and enhance their

understanding of their respective role as civil servants and their accountability to

public.

Taking into consideration the perceptions of the of the officials, facilitators

and graft investigator of OMB-MOLEO, who took part and are taking part in the

implementation of ITAPS, this study attempts to assess the efficiency and

effectiveness of its implementation as anti-corruption tool, most particularly, for

the Philippine National Police (PNP).

The findings of this study suggests that the ITAPS is an effective anti-

corruption tool for the PNP considering that its design and its content are geared

towards attaining good governance. It is intended to awaken the awareness of the

participant members of the PNP of the risks of corruption inherent to their

functions, provide a venue for instilling in them the proper decorum of a public

servant, such integrity, honesty, transparency and accountability in the performance

of the duties and responsibilities of their functions and developing the skill of

problem solving and decision-making guided by good moral character and ethical

standards. In the midst of the challenges encountered, the ITAPS was efficiently

vi
implemented and had to some extent contributed to the gradual decline in the

number of complaints docketed with the OMB–MOLEO against erring police

officers.

vii
 DECLARATION

I, CUDIAMAT Maria Crisanta Galimba, hereby declare that this thesis

is my own work and has not been submitted in any form for the award of another

degree or diploma at any university or other institute of tertiary education.

Information derived from the published or unpublished work of others has been

cited or acknowledged appropriately.

September 2015

CUDIAMAT Maria Crisanta Galimba

viii
 CHAPTER 1

THE PROBLEM AND ITS BACKGROUND

1.1. Introduction

The problem of corruption is a global phenomenon drawing global concern.

As stated by Lambsdorff, et al (2005), the reality about corruption is true not only

in developing countries and transforming countries but also in industrial and

developed countries. Let us take for example the case of fund-raising scandals in

the United States, the demise of the Christian Democratic Party in Italy, and the

common political dissatisfaction lurking around Western European countries

Lamsdorff, et al (2005), further posited that this problem transcends

geographical boundaries. It is happening across the globe, not only today, but it has

endured across the global history, proof of which is the oldest story of corruption

in India more than 2,300 years ago. In China, as early as in the Qin Dynasty (221

B.C), its penal code already defined the offenses involving corruption and provided

corresponding heavy penalty for its commission. Evidently, corruption proved to

have been a long standing problem and up to now, is still posing a big challenge to

every state, international community and the whole world. This problem lived on

1
and has become more complex and extensive, thus, demanding greater attention

and collaborative efforts among nation.

The Philippines has the same story to tell. Corruption had been and still is

the main concern of the Philippine government. This problem is said to have started

since the time of its independence from the United States in 1946. However,

looking back from its history, it can be seen that corruption started to plague its

government even during the time that it was under the Spanish regime. During the

Spanish regime, corruption was manifested by the moral corruption among public

officials, where public office was regarded as a favor or grant from the King of

Spain. Due to low salaries and poor working conditions, public officials took

advantage of their positions and used them as lucrative source of additional income.

After the World War II, the extent of corruption had magnified to what is called

“bureaucratic corruption”. It had saturated the entire bureaucracy starting from the

lowliest level of the public servant to the top, including the President. Corruption

in the Philippines reached its peak during the administration of Ferdinand E.

Marcos which lasted for more than two (2) decades. Political analyst described the

kind of corruption then as “systemic plunder” and accused the Marcoses and their

cronies of systematically looting the country’s coffers and amassing billions of US

dollars from it. The alleged onslaught by the Marcoses of the coffers of the

Philippine government ended when President Marcos was deposed by the Filipino

people themselves in a “people power” revolution in 1986. But the problem of

2
corruption still persists and is one of the identified reasons for the country’s

economic challenge and problem of poverty.

Cognizant of the serious problem of corruption and its commitment to

alleviate poverty and promote sustainable development, the Philippine government

has adopted its own anti-corruption strategies ranging from the creation of several

specialized anti-corruption agencies, the passing of numerous anti-corruption laws,

the intensification of the prosecution of corrupt officials, partnering with the

international community in the fight against corruption, institutionalizing reforms

in the salary structure of public servants, to the conduct of extensive moral recovery

and public awareness workshops and seminars amongst public servants and the

public themselves in order to increase their awareness of the acts constituting graft

and corrupt practices, the penalties prescribed for commission of such acts, the evil

effects of corruption and their respective roles in the fight against corruption. Such

information would encourage them to participate and be vigilant of the corruption

happening within their respective offices. Thus, making the commission of corrupt

acts a “high risks” and “low return” undertaking.

Recognizing the importance of the participation of the public servants in the

fight against corruption, the Office of the Ombudsman (OMB), the foremost anti-

corruption agency of the Philippines, crafted and embarked on a new anti-

corruption program called Workshop on Integrity, Transparency and

3
Accountability in Public Service (ITAPS). This is a workshop intended for public

servants. This workshop is focused on instilling upon the hearts of public servants

the value of effective and efficient public service delivery that is engrained with

integrity, transparency and accountability. The objective of the seminar is to

provide an avenue for participant-public servants to internalize and enhance their

understanding of their respective role as civil servants and their accountability to

public.

1.2. Statement of the Problem

As the Workshop on Integrity, Transparency and Accountability in Public

Service (ITAPS) is a new program of the OMB, this study intends to assess its

effectiveness and efficiency as anti-corruption tool. While the workshop is catered

to all public servants, this study will try to focus only on its effectiveness and

efficiency as an anti-corruption program for the Philippine National Police.

According to Romero (2013), the latest Global Corruption Barometer of

the Anti-corruption Watchdog Transparency International has identified the

Philippine National Police (PNP) as the most corrupt institution in the country. In

the 2011 national survey conducted by Pulse Asia and Transparency International’s

Global Corruption Barometer 2010-2011 with several Filipino households, about

4
one-third (32 percent) of the surveyed households who had contact with the police

officers in 2009 reported that they have paid bribes to them.

Thus, conscious of the extent of the alleged corruption in the Philippine

police force, on top of the intensification of the investigation and prosecution of

erring police officers, the OMB rolled out the ITAPS for selected members of the

PNP and made efforts to instill in them the value of public service delivery

engrained with integrity, transparency and accountability.

Hence, this study will attempt to assess the effectiveness and efficiency of

ITAPS as a corruption prevention tool for the PNP and determine its impact on the

incidence of corruption in the institution. To attain its objective, this study raises

the following questions:

(1) How is the ITAPS being implemented?

(2) How effective and efficient is the implementation?

(3) What are the factors that influence its implementation?

(4) What are the outcomes of the ITAPS implementation?

(5) What are the challenges encountered in the implementation?

5
1.3. Significance of the Study

The PNP is regarded as the civilian protector of the people. As such, its

members are expected to be the epitome of good moral character and high ethical

standards. With the growing allegations of corruption in PNP, the OMB identified

the PNP as one of its focus in the implementation of ITAPS.

As the objective of the study is to assess the effectiveness and efficiency of

ITAPS as anti-corruption tool for the PNP, the findings of this study will provide a

vital information on whether the said program is responsive to the goal of OMB to

prevent the proliferation of corruption, particularly within the PNP, and whether a

policy amendment or enhancement is necessary in order to achieve the

aforementioned goal. Ultimately, the findings of this study will benefit the

following:

Office of the Ombudsman. It will help the higher authorities of the OMB

to assess the strength and weaknesses of ITAPS for future policy making purposes

and as basis for future programs aimed at addressing the dilemma on corruption.

Philippine National Police. It may help the higher authorities of the PNP

to identify the specific needs of its members in so far as their institution’s fight

against corruption is concerned, and may opt to adopt and incorporate the ITAPS

modules in its own anti-corruption programs.

6
 Public Servants. The findings of the study may provide the public servant

a venue for values formation and opportunity for enhancement of their

understanding of their respective role as civil servants.

Future Researchers. This study may encourage future researchers to

conduct further research on areas pertaining to exploring ways to enhance and

deepen the understanding and commitment public servants’ in the effective and

efficient public service delivery engrained with integrity, transparency and

accountability. The study may propel future researchers to go into related area of

study and look into other perspective that might be basis of future policy dealing

with the total eradication of corruption in public service.

1.4. Scope and Limitation

As the ITAPS is a relatively new and young program with barely three (3)

years of implementation, the researcher took into consideration only the

perceptions of the officials and employees of the OMB who are in-charge of the

implementation of the program and who served as respondents for this research.

7
1.5. Definition of Terms

To facilitate the better understanding of this research, the following terms

are defined, as follows:

Assessment - the process of making a judgement or forming an opinion,

after considering the information from multiple and diverse sources in order to

develop a deep understanding.

Accountability – describes the responsiveness on the part of the

government to citizen’s demands concerning the type of public services the public

sector should provide. This may include the government’s response to the citizen’s

efforts to bring about change in the government’s behavior by persuasion, demand

or compulsion (De Ferranti, D. et al, 2009).

Corruption - Any act done with an intent to give some advantage

inconsistent with his official duty and the rights of others. These do not only

includes bribery and embezzlement but also money laundering, concealment and

obstruction of justice (United Nations Convention Against Corruption [UNCAC]).

Control of Corruption – any efforts to prevent the abuse of public office

for private gain, including officials accepting, soliciting or extorting bribes;

engaging in patronage and nepotism; appropriating state assets; or improperly

diverting state revenues (De Ferranti, D. et al, 2009).

8
 Effectiveness – is about doing the right task, completing activities and

achieving goals.

Efficiency - is about doing things in an optimal way, for example doing it

the fastest or in the least expensive way.

Governance – describes the overall manner in which public officials and

institutions acquire and exercise their authority to shape public policy and provide

public services (De Ferranti, D. et al, 2009).

Good Governance – refers to the kind of governance that possesses the

following characteristics: (1) accountable; (2) transparent; (3) follows the rule of

law; (4) responsive; (5) equitable and inclusive; and (6) participatory.

Integrity – refers to soundness of moral principle and character, as shown

by one person dealing with others in the making and performance of contracts, and

fidelity and honesty in the discharge of trusts.

Public Servant – According to UNCAC, covers anyone who holds

administrative, legislative or executive office, whether by election or appointment,

or provides a public service, including employees of the private companies under

government contract.

9
 Transparency – describes the availability and increased flow to the public

of timely, comprehensive, relevant, high quality and reliable information

concerning government activities (De Ferranti, D. et al, 2009 [p.7]).

10
 CHAPTER II

THE FACE OF CORRUPTION IN THE PHLIPPINES

2.1. Corruption in the Philippines

According to Agator (2013), the Philippines had started dealing with the

problem of corruption from the time of its independence from the United States in

1946. But looking through is colonial history, it seemed that it started even as early

as the Spanish regime. The colonial legacy of elite-dominated political patronage

and political corruption which started during the early days of Spanish rule is still

present and manifest up until today. The struggle for power among clans for private

interests still persists. Notwithstanding the anti-corruption efforts put forward by

past and current leaders, the prevalence of corruption goes on so long as the

concentration of power to spend and appoint remains in one person combined with

weak checks and balances. These scenarios presented good opportunities for abuse

and corruption.

In the 2010 elections, the Filipinos hoped to see the end of rampant

corruption when Benigno Aquino III, the son of then President Corazon Aquino

who succeeded Marcos during the democratic transition, was elected as President

of the Republic of the Philippines. Aquino was elected because of his strong anti-

corruption platform. He was able to gather the highest winning percentage (42.08

per cent) in what is thought as one of the most fair and free election in the history

11
of the Philippines. It worth noting that his main campaign platform was in the form

of “renewed social contract” and enumerating his sixteen (16) point program

promoting good governance and anti-corruption reforms.

However, just like the past administrations, the leadership of Aquino is not

spared of the same dilemma on corruption and patronage patterns are already deep-

rooted in the system.

2.2. Extent of Philippine Corruption

Despite the observed political changes and renewed political will to address

corruption, the Philippines still performs poorly in most international corruption

rankings. This reveals that the country is still facing major governance and

corruption challenges. The country was ranked 105 out of the 176 countries

assessed by Transparency International’s Corruption Perceptions Index 2012 – with

a score of 37 out of 100. Apparently, the Philippines is still one of the worst

performers in Asia. The World Bank’s Worldwide Governance Indicators (WGI),

also obtained a similar result because the Philippines scored 26.07 on a scale of 0

to 100 in terms of control of corruption in 2011. It ranked 55 out 100 in 1998 in so

far as corruption control. However, for the period of 1996 up to 2007, there was

marked sharp decline in from 52.22 to 25.7 rank. The ranking of the Philippines in

terms of corruption control seemed to have stabilized around this level. In 2012, a

slight but not really statistically relevant improvement to 33.49 was recorded.

12
However, this does not allow us to speculate that the Philippines is actually making

progress in its anti-corruption campaign as yet.

Another scenario is that 69 percent of Filipino citizens themselves in a

survey by Transparency International’s Global Corruption Barometer 2010-2011

perceived that corruption increased in the year 2010. In the same survey, respondent

Filipinos identified the members of the police force, political parties and civil

servants as the most corrupt institutions in the country.

2.3. Forms of corruption

2.3.1. Petty and bureaucratic corruption

Several studies on corruption recognized the burdensome regulations and

bureaucratic procedures of the Philippine government as contributory factor to its

current state of corruption. Usually, businesses and individuals often resort to

illegal “fixers” to go around the bureaucratic obstacles of availing government

services. They often collude with corrupt government employees to facilitate

transactions. Thus, this situation is where bribery and corruption set in. They resort

to giving of gifts to make sure that their transactions with the government office

concerned will be done fast.

13
 2.3.2. Patronage networks and clientelism

Corruption in the Philippines has been connected to the deeply rooted

patronage system that pervades in the country’s institutions. The country’s political

system has been termed by political scholars as “oligarchs and clan”. Elite families

compete for political power by developing patronage and clientelistic networks.

Agator (2013) cited the case of then President Arroyo’s regime as a classic example

of the kind of corruption. As early as the first few months of her stint as President

in 2001, she immediately nominated thousands of her supporters to fill key

positions in the government as payback for their support. Her husband was also

indicted for several anomalies involving different contracts amounting to sizable

amount of money of the government. Cognizant of this problem, President

Aquino’s government platform openly called for the end of patronage and political

nominations. He is advocating for appointments based on the principles of merit,

integrity, competence and efficient performance in serving the public good.

2.3.3. Political corruption and elections

As one of the misplaced features of independence, the politics in the

Philippines in known to be dominated by the elite and known families of the

country. Other than that, patronage, violence, fraud, overspending and bribery

during elections campaigns are very common during elections in the Philippines.

True, the country has a Commission on Elections (COMELEC) that would oversee

14
and protect sacredness of elections, but the said body itself had been accused of

election irregularities, an example of which is the election fraud allegedly

committed by President Arroyo in collusion with officials of the COMELEC.

2.4. Anti-Corruption Efforts in the Philippines

Pursuant to his campaign slogan “if there is no corruption, there is no

poverty”, the Aquino administration crafted its Philippine Development Plan (PDP)

for 2011-2016, which was duly approved in 2011. The PDP was focused on good

governance and has made anti-corruption as an integral part of country’s fight

against poverty and goal to achieve inclusive growth. In line with this, the Good

Governance and Anti- Corruption (GGAC) plan for 2012-2016, which includes

measures aimed at promoting transparency, accountability and participation in

government operations was likewise approved and set into motion. Thereafter,

several relevant laws were enacted to further aid the government in its fights against

corruption such as: (1) An Act to Further Strengthen the Anti-Money Laundering

Law expanded the coverage of a law on illegal movement of money to escape the

threat of being blacklisted by the task force; (2) The Terrorism Financing

Prevention and Suppression Act of 2012; (3) law protecting whistleblowers. To

further provide for safety nets against corruption, it has adopted a new e-

governance initiative attempting to increase transparency and reduce opportunities

15
for corruption through face-to-face interactions with public officials (Agator,

2013).

Aside from resorting to legal reforms, the Philippine government under the

Aquino administration became serious in going after government officials accused

of engaging in corruption, especially the high-ranking officials. In doing so,

immediately upon his assumption, he organized a truth commission tasked to

investigate the corruption allegations against his predecessor and her allies.

The foregoing efforts of Aquino government have somehow improved the

rating of the Philippine government in terms of corruption control.

2.4.1. The Legal Framework of the Anti-Corruption Efforts of the

Philippines

The Philippines has enacted a wide range of laws defining all acts and

omissions constituting graft and corruption, including extortion, active and passive

bribery, attempted corruption, bribery of foreign officials, and using confidential

state information for private gain and has provided corresponding penalties for it.

In addition to that, public officials are required by law to declare their wealth and

file statements of assets and liability and net worth every second year. The anti-

money laundering act was also made to further strengthen the stance of government

against corruption.

16
 Moreover, the Philippines joined and ratified the United Nations

Convention against Corruption (UNCAC) in 2006. The UNCAC outlines the four

(4) pillars of an effective campaign against graft and corruption which are the

adoption of preventive measures directed at both the public and private sectors,

criminalization of a wide range of acts of corruption, international cooperation in

every aspect to fight against corruption and asset recovery of the fruits of

corruption.

2.4.2. The Institutional Framework of the Anti-Corruption Efforts of the

Philippines

To aid the Philippine government in its fight against corruption, the

following constitutional and statutory bodies were duly established and recognized

as key anti-corruption partners of the government:

(1) Cabinet Cluster on Good Governance and Anti-corruption (GGAC)

The Cabinet Cluster on Good Governance and Anti-Corruption (GGAC) is

an advisory committee attached to the Office of the President. It is tasked to set the

targets of the Aquino government until 2016, undertake all the necessary measures

to meet these targets as well as monitor and report their progress and achievements

to the president. In early 2012, President Aquino approved the GGAC plan for

2012-2016, which includes measures aiming at promoting public access to

17
information, disclosure of government information, citizens’ participation and

reduction of red tape, and other anti-corruption measures.

(2) Presidential Anti-Graft Commission (PAGC)

In 2001, the President Anti-Graft Commission (PAGC) was created by then

President Gloria Macapagal-Arroyo purposely to probe and hear administrative

cases and complaints against presidential appointees. However, in 2010, upon his

assumption to office, President Aquino abolished the PAGC and transferred its

functions to an existing office under the Office of the President. Thus, the Office of

the President retained its power to directly investigate graft and corruption cases

against presidential appointees in the executive department, including heads of

government-owned and controlled corporations.

(3) Office of the Ombudsman

The Office of the Ombudsman is considered to be the leading anti-

corruption agency in the Philippines, with power to investigate and file criminal

charges against public officials involved in corruption cases. Its mandate also

includes prevention and awareness-raising campaigns and activities.

(4) Sandiganbayan

The Sandiganbayan, a special court that has jurisdiction over criminal and

civil cases involving graft and corrupt practices and such other offences committed

18
by high ranking public officers, including those in government-owned or controlled

corporations, in relation to their office.

(5) Judiciary

The regular judicial courts, on the other hand, have jurisdiction over

criminal and civil cases involving graft and corrupt practices and such other

offences committed by low-ranking public officers and employees, including those

in government-owned or controlled corporations, in relation to their office.

(6) Anti-Money Laundering Council (AMLC)

The Anti-Money Laundering Council (AMLC) is a newly created anti-

corruption body in 2001. The primary function of the AMLC is to investigate

allegations of money laundering and to analyze financial data from banks and

financial institutions. After the conduct of investigation, it can file corresponding

complaints with the Ombudsman as well as the Department of Justice in order to

get money laundering offenders prosecuted, or with the assistance of the Office of

the Solicitor General (OSG), it may start civil forfeiture. As of to date, by the

passing of the Act to Further Strengthen the Anti-Money Laundering Law, the

AMLC can now investigate financial records without the consent of the account

holder.

19
 (7) Commission on audit (COA)

The Commission on Audit (COA) is an independent and constitutional

commission primarily tasked with examining, auditing and settling all public

accounts and expenditures of the government. The COA has no power to prosecute

and discipline the erring government officials found to have made expenditures in

violation of COA rules, but it has a complaints mechanism in place for reporting

allegations of fraud, waste, abuse or mismanagement of funds.

(8) Lifestyle Check Coalition (LCC)

In 2003, the Lifestyle Check Coalition (LCC) was duly established. It is a

coalition of 16 government agencies and NGOs – including, among others,

representatives from the President Anti-Graft Commission, the Office of the

Ombudsman, Commission on Audit, Civil Service Commission, Department of

Justice, the Philippine National Police and the National Bureau of Investigation. Its

function is mainly to investigate the lifestyles of government officials. However,

the checking part of the job is conducted by the Office of the Ombudsman, and the

LCC provides the necessary support in the conduct of the investigations. The LCC

may act on any information from any citizen denouncing suspicious lifestyles of a

particular government official and employee. Recently, LCC has conducted a

number of lifestyle targeting the staff of the Bureau of Internal Revenue, Bureau of

Customs, and Department of Public Works and Highways.

20
 (9) Other stakeholders

9.1. The media

As the tenet of the constitutional freedom of speech and freedom of the

press, the participation of the media in the fight against corruption is highly

acclaimed and recognized. However, such exercise of freedom is still with

limitations. In a legislation concerning national security put forward sometime in

2007, unscrupulous articles can be ground for filing a case for libel or defamation

suits against journalists.

9.2. Civil society organizations

Very crucial to the fight against corruption is the cooperation of civil society

organizations. The Philippines has a vibrant civil society, and has civil society

organizations (CSOs) active in various sectors such as human rights, faith, poverty

alleviation and social welfare. Some of these CSOs include the Procurement Watch

Inc. which has been involved in promoting and monitoring reforms in public

procurement; the Social Weather Station, which conducts surveys for raising

awareness on many issues, including corruption, among others.

It is evident from the foregoing enumerations and discussions that the

Philippine government has the political will to fight and weed out corruption from

its own system. It has sufficient statutory provisions defining all kinds of corruption

21
and providing for corresponding penalties thereto depending on the degree of its

commission. It has likewise established sufficient governmental institutions and

bodies to help in the investigation of graft and corruption-related complaints, as

well as mechanisms for the forfeiture of illegally acquired assets of the government

officials and employees found to be engaging in corrupt practices.

2.5. The Office of the Ombudsman: Anti-Corruption Agency

The Office of the Ombudsman (OMB) is the foremost anti-corruption body

of the Philippine government. It was duly created pursuant to the provision of

Article IX of the 1987 Philippine Constitution, and thereafter by the provision of

Republic Act No. 6770 (The Ombudsman Act of 1989). It is vested with 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 be illegal, 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 or impropriety in the performance of duties.

22
 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 to contracts or transactions entered into by his office involving the

disbursement or use of 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 the discharge 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.

23
 As emphasized in its enumerated powers, duties and functions, the OMB

plays four (4) major roles, to wit:

(1) The Watchdog

In the exercise of its oversight role, the OMB takes on the duty to monitor

the general and specific performance of the government officials and employees. It

sees to it that the rule of law is fairly, justly and equally administered and executed.

Also, it makes sure that prompt, efficient and steady flow service is rendered to the

public.

(2) The Mobilizer

It encourages and solicits the extensive support of multi-sectoral

stakeholders by establishing a continuing partnership with other government

agencies, civil society, non-government organizations, business, academe, youth

and other major sectors of the society for a nationwide campaign for integrity in the

public service, the spread of the sound Filipino values of honesty, discipline, respect

for elders and authority, as well as promotion of transparent, accountable and

effective governance.

(3) The Official Critic

The OMB is expected to initiate the conduct of review of policies, system,

procedures and practices in the performance of critical functions of specific

24
government agencies and provide recommendations for a system of government

machinery that is free from bureaucratic inconveniences and to adopt strategies to

address corruption vulnerabilities in the entire bureaucracy.

(4) The Dispenser of Justice

After the conduct of proper investigation, the OMB has the power to impose

administrative sanctions to erring government officials or employees, and

criminally charge and prosecute them before any court of law including private

individuals if found to have committed an offense in conspiracy with the erring

public official or employee.

Acting on its constitutional duty as “Protector of the People” and on its

role as the watchdog, mobilizer, official critic and dispenser of justice, and in

response to the Aquino administration’s commitment in the Millennium

Development Goal (MDG) to promote inclusive growth through good governance,

OMB crafted its 8-point agenda for 2011-2016 to address the problem on graft and

corruption in the Philippines. The agenda includes, among others, the adoption of

graft and corruption prevention program. The priority areas of the 8-point agenda

are the following:

(1) Dispose of complaints and cases involving high-ranking officials,

those involving large sums of money, grand corruption cases and celebrated cases;

25
 (2) Attain zero backlog;

(3) Improve survival rate of cases referred to further fact-finding;

(4) Enforce monitoring or referred cases;

(5) Improve responsiveness to public assistance;

(6) Improve anti-corruption policy and program coordination among

sectors;

(7) Rationalize the functional structure of the Office of the

Ombudsman; and

(8) Enhance transparency and credibility of the Office of the

Ombudsman.

It is apparent from the priorities set by the OMB that it is responding to the

call of the Aquino administration to promote good governance as effective tool to

curb corruption. It has intensified its investigation on complaints and cases pending

before it especially those involving high-ranking officials, large sums of money,

grand corruption cases and celebrated cases and sought enhance its anti-corruption

policy and program.

2.6. The Anti-Corruption Programs of the Office of the Ombudsman

26
 Apart from expediting the resolution of complaints involving graft and

corruption filed before it, the OMB also implemented several program and project

directed toward the prevention and control of corruption, such as:

(1) Strengthening of the Resident Ombudsmen

As part of its role as watchdog and official critic, the OMB is posting a

resident ombudsman in different government offices including government-owned

or controlled corporations to assist the head of that agency in monitoring the

corruption problem and inefficiency in the operation of the office, if there is any.

The resident ombudsman shall also be render mediation services, conducts lectures

as part of the anti-corruption education program of OMB, and monitor the

Statement of Assets, Liabilities and Net Worth of government officials and

employees.

(2) Integrity Development Review (IDR)

The IDR is a diagnostic tool conceptualized by the OMB with the aid of the

United States Agency for International Development that intended to review and

assess the robustness of the corruption resistance mechanism and identify the

vulnerabilities to corruption of a particular government agency.

(3) Creation of the Corruption Prevention Units (CPUs) and Junior

Graftwatch Units (JGUs)

27
 The CPUs are civil society organization duly accredited by the OMB as its

partner in the fight against corruption. As an accredited partner, the CPU may

undertake corruption prevention initiatives of the OMB. The Junior Graftwatch

Units (JGUs), on the other hand, serve as the OMB’s youth arm in graft prevention

and control. The target of this program are school youth organizations. The JGUs

are used as venue to awaken the consciousness of the youth on corruption and instill

honesty and efficiency in them as future leaders. As an incentive, the OMB is giving

research assistance to qualified students who want to conduct research on

corruption.

(4) Anti-Corruption Education

4.1. Graft and Corruption Prevention Education (GCPE) Teaching

Exemplars

Through curriculum integration, GCPE is one of the mainstream anti-

corruption education programs of the OMB. This is a joint project of the OMB and

the Department of Education (DepEd) which intends to mold and instill positive

values among the elementary and secondary students. The modules of the GCPE

Teaching Exemplars have been integrated in the MAKABAYAN subjects of public

elementary and secondary students through DepEd Memorandum Circular No. 13.

28
 4.2. Orientation Briefings

Orientation briefings are provided to different government agencies

tackling the organizational set-up of the OMB, its major roles and functions, and

anti-corruption programs and initiatives. This is intended to give the government

officials and employees outside of OMB an idea of what OMB is and what it does.

4.3. Public Accountability Seminars/Other Lectures

The Office of the Ombudsman holds lectures for government officials and

employees on subjects embracing public accountability and other relevant topics

akin to corruption. The intention is to increase the awareness of public servants of

the evils of corruption, promote public service values, and expand their knowledge

of anti- corruption laws.

4.4. Ehem! Aha! Program

It was implemented at the Office of the Ombudsman in 2003 and is

primarily intended to create a graft intolerant culture in the entire bureaucracy. It is

conducted among government officials and employees, including that of the OMB.

Its modules are aimed at facilitating a process among the various sectors towards

understanding the culture of corruption and the roles of individuals and institutions

in the perpetuation of corruption in society; providing an avenue for analyzing

issues and situations of corruption and their immediate and long-term causes and

29
consequences; allowing serious reflection among different sectors to generate

insights on their value systems that reinforce or prevent corruption; and building

commitment and formulate plans to help combat corruption. Finally, it aims to

produce more watchdogs, tipsters, complainants, witnesses and reporters of

corruption incidence.

(5) Anti-Corruption Promotion

To be able to reach out to the public, the OMB continued its promotional

programs, using print, broadcast, and cyberspace media namely, the “Magsumbong

sa Ombudsman”, “Ombudsman:Kakampi Mo Laban sa Katiwalian”, “The

Essential Thing”, the “Integrity WatchNews”, and the OMB website.

The “Magsumbong sa Ombudsman” is a radio program that is a talking

about the current anti-corruption activities/initiatives of OMB including those in

partnership with other government agencies and public and private sector

organizations. It provides for a means where the public could air their requests for

assistance and issues concerning the dispensation of cases. The “The Essential

Thing” is an opinion column where the Ombudsman writes her insighst on various

current issues affecting good governance and anti-corruption reforms and

initiatives, while the “Integrity Watch News” is a bi-annual journal publication

which reports the various accomplishments of the Ombudsman in its anti-

30
corruption drive. High-profile cases were also featured in the journal as well as

notable projects on anti-corruption.

The above programs are focused mainly on disseminating information and

educating the public and civil society on the ongoing initiatives of OMB against

corruption. Informing and increasing their awareness of the evils of corruption,

promote public service values, and expand their knowledge of anti- corruption laws.

In 2012, OMB embarked on a new anti-corruption program called

Workshop on Integrity, Transparency and Accountability in Public Service

(ITAPS). This workshop focuses on the public servant and seeks to instill in them

the value of public service delivery engrained with integrity, transparency and

accountability. The objective of the seminar is to provide a venue whereby public

service values are internalized and to give an opportunity to enhance the public

servants’ understanding of the importance of their role and their accountability to

the public.

The ITAPS is currently the anti-corruption flagship program of the OMB.

It was conceptualized in 2012 by the Center for Integrity and Professional

Development (CIPD). CIPD is the training arm of the OMB for external

stakeholders. It was initially pilot-tested in Valenzuela City, Metro Manila with

two-hundred nineteen (219) barangay officials. This marked the start of its

implementation. Thereafter, it was rolled to the different sectors of OMB, the

31
OMB- Central, OMB-Luzon, OMB-Visayas, OMB-Mindanao and OMB-MOLEO

wherein participants thereof were tapped as ITAPS facilitators in their own sectors.

ITAPS is a highly interactive, experiential workshop that uses

contemporary adult learning theory which lasts for one (1) and a half (1/2) day. It

is composed of six (6) sessions covering the following topics: (1) People’s Rights

and Development; (2) Personal Integrity and Accountability; (3) Code of

Citizenship and Ethics; (4) Public Accountability and Transparency; (5) Legal

Framework; and (6) Informed Decision Making. At the culmination of the training,

participant-public servants would: (1) Have an increased confidence and comfort

about their role as integrity stakeholders and their accountabilities as public

officers; (2) Fully understand the significance of personal virtues in the efficient

delivery of services to the public; (3) Have facility in moral reasoning and making

informed decisions; (4) Affirm one’s professional strength and personal virtues

(See Appendix 1 for the overview of ITAPS and Appendix 2 for ITAPS Modules).

ITAPS is a corruption prevention education program and is designed to

align and capture the contents of all other seminars/workshops conducted by the

OMB into one. The objective of ITAPS is to refocus the attention of the participant-

public servants into character and integrity development, as well as enhance in them

the values transparency and accountability in the delivery of public service.

Therefore, the workshop does not only educate the participant-public servants of

32
what constitute the offense involving graft and corruption and their corresponding

penalty, but also tackles about the expectations of the public as their clients, quality

of the service that the public deserves and the quality of services that they are

expected to delivery. It is a response to call for corrupt-free government. Its vision

is to instill upon the participant-public servant the value of public service delivery

engrained with integrity, transparency and accountability with the end in view, of

attaining and promoting good governance, and ultimately, curbing out corruption

in the entire bureaucracy.

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 CHAPTER III

REVIEW OF RELATED LITERATURES

3.1. What is Corruption?

To have better and more comprehensive grasp of this phenomenon, it

necessary to first look into the definition its set by different authors and researchers.

The simplest definition of corruption is that refers to any act or omission of public

officer involving abuse of public office for private gain. In other words, it refers to

misuse of public officer for private gain. An office is a position of trust, where one

receives authority in order to act on behalf of the institution, be it private, public or

non-profit (Klitgaard, et al., 2000). As stated by Spector (2005), corruption is

correlated with the personal greed of those who are power and assuming public

office. The opportunity to take advantage is available not only to the high ranking

officials but to the low ranking as well. Low ranking and salaried government

workers gives in and receives unofficial payments in order to get by. This takes the

form of “Petty Corruption”. While the high ranking officials tends to abuse the

power of their respective office and use their influence for their own, their family’s

and relatives benefit. This is otherwise known as the “Grand Corruption”. On the

part of the private sector, in order to facilitate their transactions with the

government, businessmen spend and pay bribe or kickbacks to unscrupulous

government officials. Even ordinary citizens who are availing of the simplest

34
service from the government cannot seem to enjoy it without having to pay bribe

or give gift. This represents the sad picture of corruption. People seemed to have

accepted and tolerated these corrupt practices, it became their way of life.

In a broader sense, corruption amounts to moral decay. It comprehends a

situation of where there is dishonesty, lack of integrity or decay in the decision

making process of the person involved in corrupt practices. Williams and Doig

(2000), opined that corruption involves the behavior on the part of officials of

public sector, be it elected or appointed, wherein they improperly and unlawfully

enrich themselves or those misuse of their public power or discretion entrusted

upon them. It embraces a situation wherein as a decision-maker, exercising

discretion, public official consents to deviate or demands deviation from the lawful

requirement of decision-making, in exchange for a reward, or a promise of a

reward, and these motives influencing the decision-making process cannot justify

of the decision done. The public officer, in this case, may either receives grease

payment to facilitate or expedite the service that he legally and ordinarily required

to do by reason of his office, or receives bribe for providing services that he is

legally prohibited to provide. Generally, corruption happens where public and

private sectors meet to conclude certain official transactions, such as public

procurement and contracting, licensing activities, granting of import and export

permits, zoning and rezoning of lands, collection of taxes, either through taxation

or imposition of customs duties, among others. Thus, for corruption to take place,

35
the following elements must all concur: (1) there must be a public official; (2) he

possess a discretionary power; (3) he misuse that power; and (4) he benefited from

the misuse of his power, be it in the form of money or in any kind.

3.2. Causes of Corruption

Generally, corruption incidence is more common in settings where checks

on the powers entrusted to public officials are loose, where civil society is poorly

represented, where poverty is deep-rooted, and where there massive inequalities.

Some studies have identified the following causes of corruption, to wit: (1) low or

inadequate salaries; (2) exposure to ample opportunity to corrupt; (3) low risk of

apprehension and punishment; and (4) high reward for committing corrupt acts.

According to Quah, (2003), “if the official is not to be tempted into corruption and

disaffection, clearly there is an obligation for the government to provide or at least

allow such benefits as will ensure his loyalty”. Citing the cases of Indonesia,

Mongolia, Korea, Thailand, Philippines and Singapore, it was proven that reforms

in the salary structures of civil servants coupled with corresponding salary increase

will have the effect of discouraging them from being corrupt.

To further elaborate his proponent, Quah (2003) presented the situation of

Singapore which was able to effectively reduce the incidence of corruption within

its bureaucracy vis-a-vis the ineffective anti-corruption strategies of the Philippines.

36
 Singapore is the least corrupt country in Asia. This is because it was able to

put forward adequate anti-corruption strategies and their political leaders were

strongly committed to eradication corruption. Through its People Action Party

(PAP) government, it had resorted to two-pronged anti-corruption strategies: first,

by reducing the opportunities for corruption and increasing the penalty for corrupt

behavior by legislation and sincerely implementing the same; and second, when it

finally attained financial capacity to do so, by reducing the incentives for corruption

by means of improving the salaries and working conditions of its civil servants.

The experience of the Philippines is another story according to Quah. While

the Philippine Government unceasingly presented measures to stop corruption by

creating several investigating bodies tasked solely to probe on complaints of graft

and corruption, these strategies failed to attain its goal to reduce corruption because

it failed to address the other half of the anti-corruption measure that is by reducing

the incentives for corruption by means of improving the salaries and working

conditions of its civil servants. The salaries of Philippine civil servants remained

low, hence, they had to resort to other ways to augment their income and these may

include resorting to petty corrupt practices. Thus, though the political leaders of the

Philippines may have been committed then at eradicating corruption, the anti-

corruption measures resorted to seemed inadequate as it failed to address the cause

of corruption.

37
 Moreover, the expansion of the role of the public bureaucracy in national

development by increasing the administrative discretion among public servants,

also gives them the opportunity to abuse their powers and discretions, and resort to

corruption. Having the power to regulate, control and prohibit the exercise of

certain activities and access to services and goods like the field of construction,

transportation, import and export, health and hygiene, safety and sanitation,

immigration and emigration, drugs, recreation, and even in markets, gives the

public official concern the ample opportunity to employ ways and means to demand

bribes or grease money from the public who wish to avail of the above stated

privileges from the government. Hence, this where safety nets and regulation in the

exercise of power are likewise put in place in the system.

In a study conducted by the Corruption Prevention Department (CPD) of

Hongkong’s Independent Commission Against Corruption (ICAC), four (4)

pernicious and prevalent factors were identified which led to further increase in the

opportunities for corruption among government officials in the exercise of their

discretion, such as: first, the delay in the process of delivery of service. This

situation gives an ample time and opportunity to demand for bribe and incentive to

offer the same. Second, insufficient or lack publicity of administrative procedures.

This situation leaves the public ignorant of the proper procedure in dealing with the

government processes, thus, giving the public the impression that public official

concerned has the authority to decide whether a particular law shall be enforced

38
and who shall benefit from. This situation will definitely create a situation ripe for

exploitation of power and corruption. Third, vesting too much, unlimited and

unrestricted discretion to the public officials. Lastly, allowing public servant to

exercise discretion without appropriate supervision and sense of accountability.

Often times, supervisors delegates the jobs to their frontline subordinates without

taking time to counter-check if the same was done in accordingly (Quah, 2003).

Furthermore, the perceived low risk of detection and punishment is another

pinpointed cause of corruption. Being an illegal activity, culprits of corruption

should be punished accordingly. Otherwise, a negative impression that the

commission of corrupt acts poses a low risk of detection and punishment will

encourage public servants to engage in corrupt practices. The public must also be

informed of the harmful consequences of corruption. This kind of negative

publicity could serve as effective deterrent against corruption. The opinion of the

public which condemns and censures the commission of corrupt practices is

stronger kind of deterrence than mere imposition of an imprisonment sentence on

the public servant found guilty thereof.

3.3. Consequences of Corruption

Corruption has deleterious effect on the stability of the state afflicted with

it. As emphasized by Spector (2005, corruption undermines governance and the

economic growth of the state. Uncontrolled corruption will not only affect the state

39
concerned but also its neighboring state. In the political level, corruption has

recently became engrained in national as well as international agendas because of

enormous effect in political developments. True, almost all state has a corruption

problem but its causes, patterns, effects and consequences differ depending on the

political and legal institutions, level of economic development and social values of

the state concerned. For example, all variables being equal, a state which has a

strong independent judicial system could possibly weed out corruption effectively

than a state with a weaker rule of law.

In the economic level, corruption is a major contributing factor in the

occurrence of financial crisis. It is destructive to economies. This is the reason why

developing states are facing more difficult and challenging fight against corruption.

This is because corruption cripples development. It intensifies income inequality

and poverty, discourages investments, slows down economic growths, threatens

democracies and weakens representation (Bhargava and Bolongaita, 2004). Such

being the case, it is difficult for one state to stand alone against corruption. The

fight against corruption requires community of efforts among states, globally or

regionally.

3.4. Trends in the Fight Against Corruption

The study on anti-corruption has recently obtained substantial academic

interest as well as support from the high level organization such as the World Bank,

40
International Monetary Fund (IMF), Asian Development Bank (DBP), the

Organization for Economic Cooperation and Development (OECD) and other

international community. These studies on corruption are mostly founded on a

general idea that corruption is a major hindrance to economic development. It is the

root cause of poverty. Several experts who have done their respective studies have

come to the assumption that it is difficult to alleviate poverty without first curbing

corruption. Hence, studies looking for ways and means to stop corruption is indeed

significant. The problem on corruption should be tackled first before we can tackle

and find our way out of poverty.

In the fifth regional seminar on good governance for Southeast Asian

countries, the member states had a consensus that in the fight against corruption,

efforts requiring a whole governmental and multidisciplinary approach that consist

of prevention, which includes awareness- raising / education, and enforcement

(United Nations Asia and Far East Institute for the Prevention of Crime and

Treatment of Offenders [UNAFEI], 2012) is necessary and equally effective as the

enforcement criminal measures. This idea was even propounded by the United

Nations Convention Against Corruption (UNCAC) itself when it devoted a whole

chapter tackling about preventive measures on corruption and another chapter on

criminal justice measures. This shows that the UNCAC itself gives equal

importance to the use of preventive and punitive measures in combating the global

problem on corruption. Generally and in practice, prevention is better than taking

41
subsequent remedial measures. This especially true in the case of corruption. Why

is it so? Because it is very difficult to detect and prosecute the corrupt acts after the

alleged commission. Unlike the ordinary crimes of violence, corruption leaves no

readily identifiable traces of its commission such as bloodstains or dead bodies. On

the other hand, offenders try to conceal the commission of the offense by employing

sophisticated “modus operandi” or ways and means to hide the same and the

proceeds derived therefrom. It should be noted that corruption takes place between

the guilty parties. There is usually no victim willing to come forward and file a

complaint. Why is that so? Because both parties to the offense benefited from the

corrupt act. Innocent or neutral witnesses are hard to come by, and the most corrupt

and powerful offender will do everything to discourage witnesses and accomplices

from cooperating with the authorities. Therefore, with the nature of the offense, the

best solution is to focus on preventive measures (UNAFEI, 2012).

Moreover, while it is true that it may be difficult to prevent the crimes that

are committed in the heat of the moment, but prevention does work in the case of

corruption. Laws has clearly defined the elements of the corrupt acts. We are then

very much aware where and under what circumstances is it likely to occur. We all

know that corruption occurs while a public officer is performing his governmental

function. Thus, public sector corruption then always occurs in connection with

governmental activities and involves government officials. Such being the case,

opportunities for corruption can be limited by promoting efficiency, transparency

42
and accountability of governmental businesses, and corruption risks can be

reduced, if not eliminated, by improving the integrity of the government officials.

How should control of corruption be done? How can efficiency,

transparency and accountability be promoted? To answer this questions, Langseth,

(1999) stated that corruption is a systemic issue requiring holistic and collaborative

efforts from all branches of government, especially those agencies particularly

organized and created for this purpose, and many parts of society. In order to

control corruption, the best approach is prevention through the promotion of good

governance. Only the practice of good governance will help the ruling government

curb corruption and build integrity, and ultimately, improve their public services

and create an enabling environment for the private sector. Hence, in the end

promote economic growth. Therefore, three (3) core activities that must be put in

the top of priorities in controlling corruption, to wit: (a) improving public sector

service delivery by focusing on public sector accountability and legal reform in

order to re-introduce rule of law; (b) building integrity by promoting governmental

accountability and transparency; and (c) building a prevention and anti-corruption

capacity of the public sector including parliament, watchdog and enforcement

agencies, and the judiciary and of civil society, particularly by strengthening non-

governmental organizations (NGOs) and the media. Evidently, all parts of society

are bound to share the responsibility for controlling corruption. The government,

for its part is responsible for dealing with civil servants who engage in extortion

43
and bribery. But there are two (2) parties in the commission of corruption, the one

who receives and the one who bribes, who are usually businesses and individuals

who offer bribes to civil servants to obtain certain advantages. With this fact, the

active involvement of the citizenry is indeed crucial in anti-corruption campaign.

Anti-corruption crusaders can only achieve real gains when a society changes its

expectations and understanding of its entitlement to a government that is not

corrupt.

Langseth (1999) further stressed that combating corruption is instrumental

to the comprehensive goal of achieving effective, fair, and efficient government.

Where there is inadequate transparency, accountability, and probity in the use of

public resources, the state, consequently, fails to generate credibility and authority.

This failure in the use of government resources takes the form of a systemic

corruption which undermines the credibility of democratic institutions and

counteracts the idea of good governance. To address this fact, government leaders,

politicians and bureaucrats must provide the political will to fight and eradicate all

forms of corruption. Governments need to introduce appropriate legislation to

reduce corruption and provide whatever means are necessary to ensure that

appropriate steps are taken to build systems of integrity and rule of law. Article 7,

Chapter II of UNCAC lays down what could be done by the public sector in the

fight against corruption. The provisions of Article 7 states:

44
 1. Each State Party shall, where appropriate and in accordance with the

fundamental principles of its legal system, endeavor to adopt, maintain and

strengthen systems for the recruitment, hiring, retention, promotion and retirement

of civil servants and, where appropriate, other non-elected public officials:

(a) That are based on principles of efficiency, transparency and objective

criteria such as merit, equity and aptitude;

(b) That include adequate procedures for the selection and training of

individuals for public positions considered especially vulnerable to corruption and

the rotation, where appropriate, of such individuals to other positions;

(c) That promote adequate remuneration and equitable pay scales, taking

into account the level of economic development of the State Party;

(d) That promote education and training programs to enable them to meet

the requirements for the correct, honorable and proper performance of public

functions and that provide them with specialized and appropriate training to

enhance their awareness of the risks of corruption inherent in the performance of

their functions. Such programs may make reference to codes or standards of

conduct in applicable areas.

2. Each State Party shall also consider adopting appropriate legislative and

administrative measures, consistent with the objectives of this Convention and in

45
accordance with the fundamental principles of its domestic law, to prescribe criteria

concerning candidature for and election to public office.

3. Each State Party shall also consider taking appropriate legislative and

administrative measures, consistent with the objectives of this Convention and in

accordance with the fundamental principles of its domestic law, to enhance

transparency in the funding of candidatures for elected public office and, where

applicable, the funding of political parties.

4. Each State Party shall, in accordance with the fundamental principles of

its domestic law, endeavor to adopt, maintain and strengthen systems that promote

transparency and prevent conflicts of interest.

The foregoing provision identifies the importance of administrative reforms

ranging from the strengthening the recruitment, hiring, retention, promotion and

retirement of civil servants based on the principle of efficiency and transparency

and objective criteria of merits, equity and aptitude; promoting adequate

remuneration and equitable pay scales; to developing and conducting training

programs to enable them to meet the requirements for the correct, honorable and

proper performance of public functions and that provide them with specialized and

appropriate training to enhance their awareness of the risks of corruption inherent

in the performance of their functions. Clearly, anti-corruption measures must come

from the government itself. The government officials themselves must accept the

46
reality of the corruption and the extent it was deep-rooted in its system, and must

on their own volition seeks to eradicate corruption in its system. This the reason

why UNCAC also acknowledged the significance preventing the occurrence of

corruption among public servants by conducting trainings, seminars and workshops

that will increase their awareness of the risks of corruption and the standards of

proper decorum, such integrity, honesty, transparency and accountability in the

performance of the duties and responsibilities of their functions. Values formation

workshops and character education aimed at honing the basic virtues of honesty,

kindness, generosity, courage, freedom, equality, and respect among public

servants is also encouraged. Moral education, like character education is as old as

society and education. It addresses ethical dimensions of the individual and society

and examines how standards of right and wrong are developed. Consequently,

moral education teaches core moral values, such as honesty and responsibility, care

and helps to raise morally responsible and self-disciplined citizens. Problem

solving, decision-making, and conflict resolution are also important parts of

developing good moral character (Ochula, 2012). This is what the public servants

need to remind them and help them develop the Principles of Public Life

enumerated by Langseth (2000), to wit:

(1) Selflessness – decision should be based sole on public interest and not

on personal gain;

47
 (2) Integrity – public officials must not allow themselves or place

themselves under any financial or other obligations that might influence

them in the performance of their official duties.

(3) Objectivity – in performing public business and functions, public

officials must base their choices only on merit.

(4) Accountability – public officials must be accountable for his decisions

and actions to the public, and must be willing to submit himself for

scrutiny whenever appropriate.

(5) Openness – public officials must be open as possible in all the decisions

and action that they take. They must be able to present reasons for their

decisions and restrict information only when the interest of the public

demands.

(6) Honesty – public officials are duty-bound to declare their private

interests relating to their public functions and are required to resolve any

conflict that may arise from that of the interest of the public.

(7) Leadership – public officials are expected to promote the foregoing

principles by leadership and examples.

Indeed, the fight against corruption within the public sector calls for diverse

solutions which starts from the time of recruitment, by ensuring that hiring must be

based on principles of efficiency, transparency and objective criteria such as merit,

equity and aptitude; while they are in the service and during promotion by making

48
sure that they receiving adequate remuneration and benefits and conducting

education and training programs to enable them to meet the requirements for the

efficient, honest, transparent and accountable performance of their respective

public functions, and appropriate training to enhance their awareness of the risks

of corruption inherent in the performance of their functions and promoting the true

values expected of a public servant.

49
 CHAPTER IV

RESEARCH DESIGN AND METHODOLOGY

4.1. Research Design

The researcher seeks to assess the effectiveness and efficiency of the ITAPS

of the OMB-MOLEO as corruption prevention tool for the PNP. In achieving this

intention, the researcher used qualitative research design. Creswell, (2014),

identified qualitative research method as the most appropriate method to be utilized

whenever the researcher is trying to establish the meaning of certain phenomenon

based on the views of the participants. Usually, this method is resorted if the

researcher wanted to have a deeper understanding and good grip of the underlying

factors causing a certain phenomenon, its consequences or impact and its

development. As Kalof, et al. (2008) suggested qualitative research methods are

particularly used for studying a broad area on which scarce information is known

in order to describe phenomena in detail and to explore topics that are difficult to

study by other means.

More specifically, the researcher used the qualitative research method of

case study. According to Yin (2003), a case study method is an experiential inquiry

that allows the researcher to explore an existing phenomenon in depth and within

its real life or realistic setting. Further, Eisenhardt (1989) also opined that this

approach is most suitable in situation where existing theory is viewed inadequate

50
or where fresh perspective is needed. And this same method if likewise most

appropriate if the researcher would like to narrow down a very broad field of

research into a more manageable and realistic research area. Finally, Creswell

(2014) suggested that in case of program, event or activity evaluation, or

assessment for that matter, the most appropriate design of inquiry to be used is case

study wherein the researcher will have an opportunity for an in-depth analysis on

the subject of the study.

To gather the data needed to attain the objective of the study, the researcher

chose to use that triangulation technique. As defined by Hussein (2009,

triangulation is the use of more than two methods in studying the same phenomenon

under investigation. Berg (2008), likewise opined that combining several

techniques helps the researcher to obtain a better, more substantive grasp and

picture of reality; a richer, more complete array of symbols and theoretical

concepts; and a means of verifying many of these elements. Often times,

triangulation technique usually utilizes the in-depth interviews, focus group and

personal observations. Thus, resorting to multiple sources of evidence in case

studies will definitely allow the researcher to have a broader perspective and

understanding of the phenomenon subject of the study. The result of each method

will corroborate the finding on another method used, hence, giving more accurate

and stronger evidence. Hence, in this study, the triangulation method used by the

51
researcher are also individual interviews, focused group discussions and personal

observation.

The researcher used semi-structured interviews to elicit information from

the respondents. As put in by Berg, B.L. (2008), interviews will help researcher to

obtain the respondents’ thoughts, opinions, and attitudes towards the issues related

to the subject of the study. The interviews are in the form of guided conversations

rather than structured queries. Thus, allowing the interview to be fluid rather than

structured in order to get an in-depth responses from the informants based on their

personal and actual experiences, perceptions, opinions, feelings, and knowledge on

the subject of the study. There were three (3) respondents in the researcher’s

interview. They were the (1) Deputy Ombudsman for OMB-MOLEO, (2) Director

of Public Assistance and Community Coordination Bureau (PACCB) and (3)

ITAPS Coordinator, PACCB. They were chosen because of their first-hand

knowledge and participation in the conceptualization and implementation of the

ITAPS.

Another method used was the focused group discussion. It is form group

interview conducted for a small group of respondents. The respondents are usually

composed of individuals who have actual information and experience to share

pertinent to the subject of the study. The discussion is conducted in loose or

unstructured manner of discussion with the researcher acting as the moderator. The

52
questions asked are broad enough to allow them freely voice out their thoughts and

concerns on the subject matter of the discussion, however, it should also be limited

enough to align their views and ideas to details necessary for the research. And

these depends on the ability researcher to steer the discussion to matter relevant to

her study.

Focused group discussions were conducted to selected ITAPS facilitators

and graft investigator of OMB-MOLEO. The choice of the informants was

personally made by the researcher since she is very much familiar with the

organizational set up of OMB-MOLEO as she is connected with same office. The

respondents were chosen because of their knowledge and actual participation in the

implementation of the ITAPS and conduct of criminal investigation and

administrative adjudication against erring members of the PNP. Two (2) separate

focused group discussions were conducted with three (3) ITAPS facilitators and

four (4) graft investigators, respectively, as respondents.

Personal observation was another technique was used that allowed the

researcher to observe the respondents in their natural setting. Researcher tried to

observe the demeanor of the respondents during the interviews whether they were

honest in their opinions on the issues discussed.

Additional data gathered came from the secondary sources obtained from

Records Division of Office of OMB-MOLEO and online data base from the website

53
of OMB-MOLEO. The secondary sources are the following: (1) Overview of

ITAPS, (2) Description of ITAPS Modules (3) OMB Annual Reports, (4) Statistics

on Docketed Cases of OMB-MOLEO for 2008 -2014, and (5) Database of docketed

cases of OMB-MOLEO for 2014. The information obtained from these sources

helped the researcher in understanding the concept of ITAPS and its

implementation, as well as in its impact on the caseloads of OMB-MOLEO, which

are necessary in assessing its effectiveness and efficiency as anti- corruption tool

for the PNP.

4.2. Research Strategies and Research Instruments

In the conduct of individual interview, each interview began with general

and leading questions that were later on reformed throughout the length and breadth

of the research as concepts and categories started to come together. To allow the

spontaneous flow of discussion and an unrestricted flow of ideas related to the

subject matter of the study which is the ITAPS program and its implementation.

The flow of question was done by asking close-ended questions on demographic

data and then followed by open-ended questions. The open-ended questions were

used to explore information about the respondents’ expert opinions on the content

of the ITAPS and the challenges in its implementation with the PNP. As Kalof, et

al. (2008) suggested, asking each respondents the same questions in the same order

direct comparisons can reveal how the characteristics and view of the informant are

54
linked to her answers to the questions. The interviews were conducted in the

language where the informants were most comfortable with, English and Filipino.

The interviews started with an overview of what the study is about and what it aims

to accomplish. The informants were then asked about their views, comments,

experiences and challenges on the implementation of ITAPS. This was a question

broad enough for the respondents to freely voice their thoughts and concerns while

at the same time, limited enough to align their views and ideas to the details

necessary for the research. The respondents were given wide latitudes for free

expression, and the researcher occasionally interjected few probing questions only

to keep the respondents ‘responses on course. Notes of the interviews were logged

and recorded to preserve the information. The notes were the basis for coding the

data.

In the individual interviews, researcher has chosen the officials of OMB-

MOLEO who had first-hand participation in the conceptualization and

implementation of ITAPS. They are familiar with the program design and content,

as well as, in monitoring the implementation of the program. There were three (3)

respondents in the researcher’s interview. They were the (1) Deputy Ombudsman

for OMB-MOLEO, (2) Director of Public Assistance and Community Coordination

Bureau (PACCB) and (3) ITAPS Coordinator, PACCB. The interviews took place

according to informant’s preferences. The interviews were carried out mainly in

55
respondents’ workplaces and lasted for about an hour each. In the course of the

interview, the following general and specific questions:

(1) How is the ITAPS different from the other Anti-Corruption program

of OMB?

(2) When was it conceptualized?

(3) When was the implementation of ITAPS started in the PNP?

(4) How many workshop have you conducted since then?

(5) How do you determine the specific police office which need to

undergo workshop?

(6) How can you measure the effectiveness and efficiency of the

program?

(7) Does it have any impact on the state of corruption in the PNP?

(8) What are the challenges you encounter in its implementation, if

there are any?

On the other hand, the researcher also conducted focused group discussion

with selected respondents comprising of the ITAPS facilitators and graft

investigators of OMB-MOLEO. The group interview/discussion was participated

by several ITAPS facilitators and graft investigators who are taking part in the

56
implementation of ITAPS and in the investigation of cases filed against the

members of the PNP. The interview/ discussion enabled the researcher to obtain

better insights about their experiences on the implementation of ITAPS and the

conduct of investigation. According to Berg (2008), a focused group

interviews/discussions will enable the researcher to obtain information through

discussion about conscious, semiconscious, and unconscious psychological and

sociocultural characteristics and processes from the respondents. The choice of

question asked was also open-ended and was done in conversational manner.

The choice of the informants was personally made by the researcher since

she is very much familiar with the organizational set up of OMB-MOLEO as she

is connected with same office. The respondents were chosen because of their

knowledge and actual participation in the implementation of the ITAPS and

conduct of criminal investigation and administrative adjudication against erring

members of the PNP.

Two (2) separate focused group discussions were conducted with three (3)

ITAPS facilitators and four (4) graft investigators, respectively, as respondents

which lasted for about an hour. The discussion were conducted in the language

where the respondents were most comfortable with, English and Filipino. The

discussion started with an overview of what the study is about and what it aims to

accomplish. The respondents were then asked about their views, comments and

57
experiences on the on the implementation of ITAPS, which question was broad

enough for the participants to freely voice their thoughts and concerns while at the

same time, limited enough to align their views and ideas to the details necessary for

the research. The informants were given wide liberties for free expression. In the

course of the discussion, the researcher is interjecting a few probing questions only

to keep the informants ‘responses on course. Also, notes of the interviews were

logged and recorded to preserve the information, and these notes form the basis for

coding the data.

During the discussions, the following general and specific questions were

asked:

(1) How is the ITAPS different from the other Anti-Corruption program

of OMB?

(2) When was the implementation of ITAPS started in the PNP?

(3) How many workshop have you conducted since then?

(4) How do you determine the specific police office which need to

undergo workshop?

(5) How can you measure the effectiveness and efficiency of the

program?

58
 (6) Does it have any impact on the caseloads of OMB-MOLEO against

erring PNP members?

(7) What are the challenges you encounter in its implementation, if

there are any?

Also helpful in this technique is that the researcher can also observe the

demeanor of the informants’ during the interaction or group discussion. Researcher

can observe session’s participants interacting and sharing specific attitudes and

experiences, and how they can explore the issues subject of discussion (Berg, B.L.,

2008). Hence, personal observations during the conduct of interview and focused

group discussion offer opportunity for researcher to take note on behavior and

physical expression of respondents. As pointed out by Creswell (2014), the

qualitative research method is conducted in the natural setting, hence, the researcher

has the opportunity to have a face-to-face interaction with the respondents and the

advantage of gathering up-close information by actually talking directly to them

people and seeing them behave and act.

Finally, the researcher also used data from secondary sources of obtained

from Records Division of Office of OMB-MOLEO and online data base from the

website of OMB-MOLEO. The secondary sources are the following: (1) Overview

of ITAPS, (2) Description of ITAPS Modules (3) OMB Annual Reports, (4)

Statistics on Docketed Cases of OMB-MOLEO for 2008 -2014, and (5) Database

59
of docketed cases of OMB-MOLEO for 2014. The materials and information

obtained from these sources helped the researcher in understanding the concept of

ITAPS and its implementation which information are necessary in evaluating its

effectiveness and efficiency.

Moreover, another crucial part of the conduct of the research is the data

management. After collecting the data from interviews and focused groups

discussions, and the documents gathered from the official repository of the OMB-

MOLEO, the researcher transcribed the recorded data into texts. During this process

informant’s statements were transcribed word by word to avoid any change to

recorded data. Thereafter, the transcription was reviewed carefully and the data was

coded into categories and themes. The researcher checked the transcription for

significant trends and patterns and highlighted the ideas that were repeated. In

addition the data was categorized into major and minor themes for analyzing.

Thereafter, using the data obtained, the researcher will try to assess whether

the activities of the program were being effectively conducted given the limitations

of resources utilized by the implementers, and (2) whether the outcome of the

ITAPS is achieving its objective, and the efficiency of the implementation of

ITAPS, taking into consideration if the effective attainment of goal and benefits of

the ITAPS were justified by the cost and resources used in its implementation. Or

60
whether the implementer of ITAPS has resorted to the most efficient way of

implementing it.

61
 CHAPTER V

PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA

5.1. ITAPS Design

The intention of this research is to obtain a full understanding of the ITAPS

as anti-corruption tool for the PNP, and assess its effectiveness and the efficiency

of its implementation by the OMB-MOLEO. On the bases of the interview and

focused group discussions conducted and the information gathered for secondary

sources, it is apparent that ITAPS is currently the anti-corruption flagship program

of the OMB. It was conceptualized in 2012 by the Center for Integrity and

Professional Development (CIPD). CIPD is the training arm of the OMB for

external stakeholders. ITAPS is a corruption prevention education program and is

designed to align and capture all the other seminars/workshops conducted by the

OMB into one. The objective of ITAPS is to refocus the attention of the participant-

public servants into character and integrity development, as well as to enhance the

values transparency and accountability in the delivery of public service. Therefore,

the workshop does not only educate the participant-public servants of what

constitute the offense involving graft and corruption and their corresponding

penalty, but also tackles about the expectations of the public as their clients, quality

of the service that the public deserves and the quality of services that they are

expected to delivery. It is a response to call for corrupt-free government. Its vision

62
is to instill upon the participant-public servant the value of public service delivery

engrained with integrity, transparency and accountability, with the end in view of

attaining and promoting good governance, and ultimately, curbing out corruption

in the entire bureaucracy.

ITAPS is a highly interactive, experiential workshop that uses

contemporary adult learning theory which last for one (1) and a half (1/2) day. The

choice of recipient depends upon the request of the police office that is interested

concerned to avail of this workshop. Ideally, each batch should at least consists of

50-60 participants.

It is composed of six (6) sessions covering the following modules and their

desired outcome, to wit:

Module 1: People’s Expectation/ People’s Right and Development - At the

end of session, the participants are expected to gain understanding on the

expectations of citizens.

Module 2: Legal Framework - At the end of the session, the participants are

expected to improve awareness on common offenses and corresponding penalties

under existing laws.

63
 Modules 3: Public Accountability and Transparency - At the end of the

session, the participants are expected to revisit the value of accountability as public

officers, private persons, or member of the community.

Module 4: Code of Citizenship and Ethics - At the end of the session, the

participants are expected to get re-acquainted on the old principles of citizenship

and ethics.

Module 5: Personal Integrity and Answerability - At the end of the session,

the participants are expected to deepen appreciation on the role of personal virtues

in the efficient delivery of public services.

Module 6: Informed Decision-Making - At the end of the session, the

participants are expected to enhance their ability to make informed decisions

through moral reasoning.

At the culmination of the training, participant-public servants will: (1) Have

an increased confidence and comfort about their role as integrity stakeholders and

their accountabilities as public officers; (2) Fully understands the significance of

personal virtues in the efficient delivery of services to the public; (3) Have facility

in moral reasoning and making informed decisions; (4) Affirm one’s professional

strength and personal virtues.

64
 The ITAPS facilitators for the PNP are composed of the organic members/

employees of OMB-MOLEO who have undergone the prior training in the conduct

of said workshops. The ITAPS workshops rolled out in the PNP in the later part of

2013. But full blast implementation took off in the middle of 2014 and OMB-

MOLEO was able to cater to four hundred eighty participants as of the end of 2014

as reflected in accomplishment report of the PACCB (Please refer to Appendix 3).

Table 5.1. Number ITAPS workshop undertaken in 2014.

Date Venue Number of
Participants
June 30-July 1, 2014 National Fire Training 43
(FAIIC Batch) Institute, Calamba City,
Laguna
July 8-9, 2014 (FBRC National Fire Training 50
Batch) Institute, Calamba City,
Laguna
August 4-5, 2014 (Batch PNP Regional Office 47
1) Training Center 5,
Legazpi City, Albay
August 6-7 (Batch 2) PNP Regional Office 67
Training Center 5,
Legazpi City, Albay
August 12-13, 2014 PNP –Cordillera 108
Administrative Region
(CAR), Baguio City,
Benguet
September 11-12, 2014 BFP- Region IV-A, 47
Calamba City, Laguna
September 24-25, 2014 PNP Regional Training 77
Center 6, Bacolod City,
Negros Occidental
November 25, 2014 Philippine Navy 41
Officer’s Club, Fort
Bonifacio, Taguig City
TOTAL 480

65
 As can be gleaned from the foregoing description of ITAPS design and its

content, it is apparent that it is indeed geared towards attaining good governance. It

is clear from its modules that it was designed to awaken the awareness of the

participant members of the PNP of the risks of corruption inherent to their

functions, provide a venue for instilling in them the proper decorum of a public

servant, such integrity, honesty, transparency and accountability in the performance

of the duties and responsibilities of their functions and developing the skill of

problem solving and decision-making guided by good moral character and ethical

standards.

5.2. Implementation of ITAPS

After decoding and analyzing the responses of the respondents who had

actual experience and first-hand ideas on how the ITAPS is being implemented, the

researcher summarized the challenges encountered, as follows:

Table 5.2. Summary of Findings

Findings Common Responses

-“Sa mga panahon ng 2012 hanggang

Protracted implementation of
2013, hindi agad naka-full blast ang
ITAPS
implementation ng ITAPS dahil wala
tayong Deputy Ombudsman” (For
period between 2012 up 2013,

66
 MOLEO was not able to conduct
ITAPS in full blast because we had no
Deputy Ombudsman at that time).

-“Kailangan pa natin mag – train ng

ITAPS facilitators.” (We need to train
more ITAPS facilitators).

-“Kulang sa tao at may mga iba pa

ring programa ang opisina na ini-
implement.” (Since there are other
programs that has to be implemented
by the Office, we need more people to
help us in the ITAPS).

-“Mahirap magcommit na mag-

Financial limitations in the
conduct ng ITAPS sa probinsya dahil
implementation
magastos.” (It is financially
cumbersome for the office to conduct
ITAPS in the provinces).

-“Ang budget ng inilaan para sa

conduct ng seminars and workshop sa
labas ng opisina ay hindi sapat” (The
budget allotted for conduct seminars
and workshops outside MOLEO office
is not enough).

67
 -“May mga program pa rin ang
PACCB na nangangailangan din ng
budget.” (There are other programs of
PACCB that need to be allocated with
budget).

-“Madalas, pag probinsya ang venue

ng ITAPS, dalawa hanggang tatlong
facilitators lang ang ipinapadala.
Kaya sa ngayon mas madalas kami dito
sa National Capital Region at karatig
na probinsya lang muna.” (Often
times, if the venue of ITAPS is on the
province, the office can afford only to
send two (2) to three (3) facilitators.
That is the reason why, most the ITAPS
workshops are being conducted within
National Capital Region and nearby
provinces).

No mechanism in place for -“Wala mechanism sa program kung

determination of appropriate papaano pinili or pina-prioritize ang
recipient. mga magiging recipient ng ITAPS.”
(There is no mechanism yet in place
setting the parameter for choosing who

68
 and what police office in the PNP will
be the priority recipient of ITAPS).

-“Dapat ay intended eto sa mga police

office perceived to be most corrupt.”
(Ideally, the program should prioritize
the police office perceived to be the
most corrupt).

-“Sa ngayon, kung sino ang may gusto,

yon ang kini-cater namin ng ITAPS
workshop.” (As of the moment, we
only cater to the members of the police
force who requested for the conduct of
ITAPS in their respective).

Insufficient ITAPS facilitators -“Sa dami ng members ng PNP na

humigit kumulang na 140,000,
napakahirap na masisilbihan natin
silang lahat.” (Given the large
membership of the PNP which
currently accounts to more or less
140,000, we cannot actually cater all of
them).

-“Kulang tayo sa tao, sa budget at sa

oras para gawin eto sa buong PNP.”

69
(We do not have enough facilitator,
budget allocation and time to conduct
ITAPS on all members of PNP)

-“Mas makabuti siguro na pakipag-

partner tayo sa pamunuan ng PNP
para maisagawa ang programa sa
tulong nila.” (It would be more
beneficial and practical for us to seek
partnership with the PNP for the
implementation of ITAPS).

-“Yaman lang din naman na education

and values program eto, ang mahusay
naka-partner natin sa pagsagawa ng
ITAPS workshop ay ang Philippine
National Police Academy (PNPA) at
Philippine Public Safety College
(PPSC).” (Since the ITAPS is
basically an educational and values
formation program, the best partner in
the implementation thereof will be the
Philippine National Police Academy
(PNPA) and the Philippine Public
Safety College (PPSC).

70
 - “Medyo maaga pa para sabihin
Insignificant impact on caseloads.
nating may impact na ang ITAPS sa
caseloads ng OMB-MOLEO” (It is still
too early for us to measure the impact
of ITAPS on the office’s caseloads).

-“Mas pinaigting ang mga

imbestigasyon laban sa kanila ngayon
kaya siguro, may takot na rin silang
mangurakot.” (The investigation and
prosecution against corrupt law
enforcement officers were intensified,
thus, deterring them from committing
the same acts).

-“Inayos na rin ang evaluation system

ng opisina kaya ang mga complaint na
hindi sufficient in form and substance
ay agad ng dinidismiss.” (The OMB
has implemented evaluation system on
complaints filed before it. This time,
the case evaluator may outrightly
dismiss a complaint which is
insufficient in form and substance).

71
 -“Dahil sa kasunduan sa pagitan ng
OMB at Department of Justice (DOJ),
may complaints na diretso ng
isinusumite sa DOJ, o inire-refer ng
OMB sa DOJ.” (The OMB and DOJ
came up with an agreement delineating
their respective investigative
jurisdiction. Hence, those complaints
against law enforcement officer falling
within the jurisdiction DOJ will be
filed directly before it, or be referred to
them by OMB).

5.2.1. Protracted implementation of ITAPS

Based on the foregoing responses of the respondents, it is evident that the

implementation of the ITAPS with the PNP is a little bit protracted for reasons that

are beyond the control of OMB-MOLEO. The data gathered from secondary

sources corroborates the fact that indeed the permanent Deputy Ombudsman for the

OMB-MOLEO was appointed and had assumed office only by the middle 2014,

and there are only handful of ITAPS facilitators in OMB-MOLEO and are not

enough to cater to large number of PNP personnels, not to mention the fact that

they had to conduct ITAPS to other law enforcement officers of the country, such

72
as the Bureau of Fire and Protection, Bureau of Jail Management and Penology, the

Armed Forces of the Philippines, Philippine Coast Guards, etc.

5.2.2. Financial limitations in the implementation of ITAPS

Due to limited budgetary allocations and considering the nationwide scope

of jurisdiction of OMB-MOLEO over the PNP and other law enforcement offices,

it cannot conduct ITAPS as frequent as necessary. Thus, the respondents are

suggesting that ITAPS be implemented in coordination with the recipient PNP

office and let them shoulder the costs of the workshops.

5.2.3. No mechanism for determining the priority recipient of ITAPS is in

place.

As admitted by the respondents, and after thorough scrutiny of the design

of ITAPS program, it is clear that there is no mechanism or parameter set to be used

determining which police office should be given priority in the conduct of ITAPS.

As the program is intended to address the corruption, those police offices which are

perceived to be most corrupt should be prioritized. Currently, OMB-MOLEO

conducts ITAPS workshop upon request of interested police offices.

5.2.4. Insufficient ITAPS facilitators

Comparing the sizable number of PNP members (estimated at around

140,000) vis-à-vis the number of OMB-MOLEO ITAPS facilitators, it is manifest

73
that the latter is barely sufficient to cater to the needs of the former. Thus, in order

to facilitate the conduct of ITAPS with less budgetary concerns, it would be better

if the same be done in partnership with the PNP though the Philippine National

Police Academy (PNPA) and the Philippine Public Safety College (PPSC).

5.2.5. Insignificant impact on caseload

As per Annual Reports of the OMB-MOLEO, it can be gathered that the

number of cases docketed against the members of the PNP and other law

enforcement officers has gradually declined from the year 2008 up to 2014 (Please

refer to Appendix 3).

Table 5.3. Statistics of Docketed Cases from 2008 to 2014

Year Criminal Cases Administrative Cases

2008 1499 1237
2009 1020 1145
2010 1030 1232
2011 1051 1037
2012 838 925
2013 758 917
2014 682 842

However, in the interview with OMB officials and discussions with

respondents graft investigators, they are of the opinion that the ITAPS may not be

74
entirely the cause of this gradual decline and may be attributed to other facts such

as the deterrence due to intensification of prosecution of erring police officer,

outright dismissal of complaints on technical grounds, among others.

5.2.6. Lack of necessary evaluation tool

In the course of the interview with the Director of PACCB, the researcher

had the opportunity to inquire on how they intend to evaluate the implementation

of ITAPS. Generally, midterm evaluation would have been proper by now as the

program is supposed to be on its third (3rd) year of implementation by the OMB in

the entire bureaucracy. The researcher learned that there are no evaluation

parameters yet embedded in the program. For which reason, they are thinking of

revisiting and rethinking the ITAPS, and try to explore and look for appropriate

tools to evaluate it. Furthermore, according to him, it is still early to evaluate the

implementation of the program since the office in reality has just began

implementing it, especially if the evaluation is in terms of its impact on the anti-

corruption drive of OMB-MOLEO with the PNP.

On the bases of the above-stated data extracted from the official documents

and perceptions of the respondents who took part in the implementation of ITAPS,

and conduct of investigation of complaints filed against the members of the PNP

with OMB-MOLEO, the researcher will try to assess the effectiveness of the

75
program and the efficiency of its implementation as anti-corruption tool for the

PNP.

5.3. Assessment of Effectiveness

To measure the effectiveness of ITAPS, the researcher, on the bases of the

data gathered, look into (1) whether the activities of the program were being

effectively conducted given the limitations of resources utilized by the

implementers, and (2) whether the outcome of the ITAPS is achieving its objective.

To control corruption, the best approach is prevention by promoting good

governance. Good governance is the kind of governance that possesses the

following characteristics: (1) accountable; (2) transparent; (3) follows the rule of

law; (4) responsive; (5) equitable and inclusive; and (6) participatory.

Looking at the design and content of the ITAPS, it is obvious that it is

designed not only to educate the participant-public servant, including the police

officers, of what corruption is, its causes and consequences, the penalties imposed

when committed, and their role in the fight against corruption, but it is a venue for

values formation seeking to instill upon the participants the value of integrity,

transparency and accountability in public service delivery, which virtues are basic

principles of good governance.

76
 Moreover, despite the challenges and limitations encountered in the

implementation of ITAPS, it seems like it is contributing in the gradual decline in

the number of complaints docketed with the OMB–MOLEO. But the other reasons

like the intensification of the investigation and prosecution of erring police officers,

and administrative reforms adopted to facilitate the resolution of complaints filed

before it should not be also discounted as major factor in the gradual decrease in

the number of docketed complaints from 2012 to present. In view of foregoing

justifications, it is most appropriate to state that the ITAPS is effective as an anti-

corruption tool for the PNP.

5.4. Assessment of Efficiency

In order to assess the efficiency of the implementation of ITAPS, the

researcher looked into whether the effective attainment of goal and benefits of the

ITAPS were justified by the cost and resources used in its implementation. Was the

most efficient way of implementing the ITAPS adopted by the implementer?

As revealed by the respondents and shown by the documentary evidence,

OMB-MOLEO’s implementation of ITAPS was a little bit protracted and was able

to cater to more or less four hundred eighty police personnel for the year 2014, and

a number of police personnel in 2013. However, the reasons cited by the

respondents are quite rational and are beyond their control, as follows: (1) in the

period between 2011 up to 2013, there was no permanent Deputy Ombudsman for

77
OMB-MOLEO; (2) they encountered financial limitations in the sending ITAPS

facilitators to different part of the country, hence, the workshops are being

conducted in the police offices around Metro Manila and nearby provincial police

office; (3) the choice of recipient members of police force was dependent mostly

upon the request of interested police office since there is no mechanism in place yet

to be used in identifying which police office needed this kind of intervention.

Notwithstanding these challenges and limitations, the office managed to

conduct efficiently several sessions of ITAPS around Metro Manila and nearby

provinces. As consequences thereof, although some of the respondent investigator

cited several possible reasons, the ITAPS appears to have contributed in the gradual

decline in the number of complaints docketed with the OMB–MOLEO against law

enforcement officers since it is evident and undeniable that such occurred during

the implementation of ITAPS. To such extent, ITAPS has efficiently achieved its

goal and the resources utilized in its implementation were justified.

Additionally, while it did not affect the efficiency of the implementation of

ITAPS, it is worthy to note that ITAPS design lack the necessary evaluation

parameters necessary to measure the effectiveness, efficiency, relevance and

impact of the implementation of the program.

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 Finally, as correctly pointed out by the respondents, the implementation of

ITAPS was not done with the direct coordination and participation of the PNP. The

PNP was merely regarded as client and not as partner in the conduct of ITAPS.

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 CHAPTER VI

SUMMARY OF FINDINGS, CONCLUSION AND

RECOMMENDATIONS

6.1. Summary of Findings

The objective of this study is to assess the effectiveness of ITAPS as anti-

corruption tool for the PNP, and the efficiency of its implementation.

On the bases of the interview and focused group discussions conducted and

the information gathered from secondary sources, it is apparent that ITAPS is a

corruption prevention education program and is designed to align and capture all

the other seminars/workshops conducted by the OMB into one. The objective of

ITAPS is to refocus the attention of the participant-public servants into character

and integrity development, as well as to enhance the values transparency and

accountability in the delivery of public service in response to the call for corrupt-

free government. Its vision is to instill upon the participant-public servant the value

of public service delivery engrained with integrity, transparency and accountability

with the end in view, of attaining and promoting good governance, and ultimately,

curbing out corruption in the entire bureaucracy.

Looking through description of ITAPS design and its content, it is apparent

that it is indeed geared towards attaining good governance. It is clear from its

80
modules that it was designed to awaken the awareness of the participant members

of the PNP of the risks of corruption inherent to their functions, provide a venue for

instilling in them the proper decorum of a public servant, such integrity, honesty,

transparency and accountability in the performance of the duties and

responsibilities of their functions and developing the skill of problem solving and

decision-making guided by good moral character and ethical standards.

The implementation of the ITAPS with the PNP was confronted with

several challenges such as: (1) protracted implementation due reasons beyond the

control of OMB-MOLEO; (2) financial limitations; (3) Lack of mechanism for

determining its priority recipient; and (4) Insufficient ITAPS facilitators. Despite

this constraints, however, OMB-MOLEO managed to conduct several ITAPS

sessions around National Capital Region (NCR) and nearby provinces.

Moreover, the ITAPS design does not have concrete evaluation tool

necessary to assess its effectiveness, efficiency, relevance and impact of the

implementation of the program.

Lastly, the implementation of ITAPS was not done with the direct

coordination and participation of the PNP. The PNP was merely regarded as client

and not as partner in the conduct of ITAPS.

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5.2. Conclusion

On the bases of the findings discussed above, the following conclusions are

formulated:

(1) The ITAPS is an effective anti-corruption tool for the PNP

considering that its design and its content are geared towards attaining good

governance. It is intended to awaken the awareness of the participant members of

the PNP of the risks of corruption inherent to their functions, provide a venue for

instilling in them the proper decorum of a public servant, such integrity, honesty,

transparency and accountability in the performance of the duties and

responsibilities of their functions and developing the skill of problem solving and

decision-making guided by good moral character and ethical standards.

(2) Despite the challenges encountered, the ITAPS was efficiently

implemented and had to some extent contributed to the gradual decline in the

number of complaints docketed with the OMB–MOLEO against erring police

officers.

(3) In order check the operations and monitor any problems that may

arise in the implementation of ITAPS, it is necessary to set the parameters to

evaluate the program, in terms of relevance and effectiveness, as well as efficiency

and sustainability of its implementation. To do this, definite criteria must be set

even before the implementation of the program starts and should be integrated in

the program itself. In the case of the ITAPS, there was none.

82
 (4) The implementation of ITAPS was not done with the direct

coordination and participation of the PNP. The PNP was merely regarded as client

and not as partner in the conduct of ITAPS, thus, made it cumbersome for OMB-

MOLEO to cater to police office located outside the NCR.

5.3. Recommendations:

From the findings and conclusions of the study, the following

recommendations are proposed:

(1) The ITAPS design should include an evaluation component or

mechanism.

(2) To achieve a more efficient and sustainable implementation,

partnership with the Philippine National Police must be concluded so that the

responsibility and the cost of its implementation will be shared by both agencies.

Moreover, the ITAPS is a seminar workshop, basically an educational and values

formation program, intended for the members of the PNP and cadets or incoming

recruits, the best venue for it then should be the Philippine National Police

Academy (PNPA) and the Philippine Public Safety College (PPSC). As such, a

proposal to incorporate the modules of ITAPS in the curriculum of the Philippine

National Police Academy for new recruits, and the training programs Philippine

Public Safety College for PNP officials should be explored.

83
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Appendix 1. OMB 8- Point Priorities for 2011-2018

AMPLIFICATION OF THE POLICY THRUST

AND 8-POINT PRIORITIES FOR 2011-2018:

Our policy thrust, in the Office of the Ombudsman for 2011-2018, is to

enhance efficiency, effectiveness, transparency, accountability, credibility and

responsiveness in the performance of the mandate and functions of the Office

towards the improvement of corruption prevention and control.

Along this thrust, we shall vigorously pursue the following 8-point

priorities:

1. Disposition of high-profile cases

Under the law, the Ombudsman shall give priority to complaints filed

against high-ranking government officials and/or those occupying supervisory

positions, complaints involving grave offenses as well as complaints involving

large sums of money and/or properties (last paragraph of Sec. 15, R.A. 6770). As

the lead anti-corruption agency, the Ombudsman should also give the highest

priority to the disposition of cases of grand corruption, as distinguished from petty

or bureaucratic corruption, and those which are highly publicized.

89
 For purposes for classifying complaints and cases that need to be prioritized,

the term large sums of money refers to those where the amount of money or

property involved is at least 10 million pesos. Celebrated cases also refer to those

investigated by the Senate, House of Representative or fact-finding commissions

created by the President which attracted considerable media attention. Grand

corruption cases refer either to those involving the highest national officials in the

land or those where the alleged network of corruption is national in scope.

Considering the limited resources of the office, the Ombudsman shall

concentrate on the disposition of these complaints and cases by effectively reducing

the volume of non-priority complaints and cases (i.e, non-corruption cases, cases

that are trivial or frivolous, and those which can be referred to other forums) in its

workload. To be more responsive in the discharge of our mandate, priority

complaints and cases shall be disposed expeditiously within the timeframes

prescribed under the rules.

2. Zero backlog

The Ombudsman should be efficient in the discharge of its mandate to

investigate reports of official wrongdoing and to act on all requests for assistance

from the public. It shall ensure zero backlog in the investigation of criminal cases,

adjudication of administrative cases, and disposition of all grievances and requests

for assistance.

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 Zero backlog will depend on the collective efficiency of the entire

manpower of the Ombudsman. It involves not only speeding up the disposition of

complaints “or cases but maintaining efficiency, effectiveness, diligence, and

integrity of all personnel who are accountable in every step of the internal processes

of the Ombudsman. Zero backlog seeks to end a culture of delays that erodes public

trust and credibility of the Ombudsman process.

There is backlog when cases are not disposed within the prescribed

timeframes under the law and rules. Toward this end, all cases must be resolved

within 30 days from the date of submission for resolution/decision, pursuant to the

rules. Cases involving retiring public officials and employees shall be prioritized

and disposed with dispatch, pursuant to Republic Act No. 10154.

3. Improved “survival” rate of fact-finding

The quality of fact-finding investigation in terms of evidence gathering shall

be improved following the standards of fair, impartial, and expeditious

investigation in the pursuit of justice. The deterrent effect of investigations on

corruption incidence in government can be maximized if official abuse is punished

accordingly. All completed fact-finding investigations which recommend the filing

of criminal charges against erring public officials and employees shall ensure that

resulting cases filed in court shall not be dismissed on demurrer. Those which

recommend the administrative indictment of erring public officials and employees

91
shall ascertain their conviction. The Field investigation Office and counterpart

bureaus in area/sectoral offices shall be strengthened in the conduct of

investigations utilizing such specialized techniques as forensic engineering,

accounting, and auditing.

4. Enforced monitoring of referred cases

The Ombudsman shall be prudent in the exercise of its authority to conduct

investigations. The exceptions under Section 20 of R.A. 6770 (The Ombudsman

Act of 1989) shall be judiciously observed. Complaints and cases that are

denominated as non-corruption and/or those cognizable by other forums shall be

referred to the proper forum for appropriate action. A system for monitoring these

referred complaints and cases under Section 23(2) of R.A 6770 shall be established

to ensure no delay without just cause in the termination of the appropriate

administrative proceedings.

Criminal cases referred to the National Prosecution Service of the

Department of Justice for prosecution in the regular trial courts shall be monitored

until their final disposition in court. Ombudsman decisions in administrative cases

indorsed to the heads of concerned agencies for implementation of the penalty shall

be strictly monitored to ensure compliance.

5. Improved responsiveness of public assistance

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 The Ombudsman shall render meaningful, responsive, and relevant public

assistance. All front-line service units shall extend prompt, courteous and adequate

service to the public. Efforts should be made to meet, if not exceed, the reasonable

expectations of the public. A system for active handling of customer feedback and

redress of grievance, including integration into the performance evaluation of the

concerned action officer, shall be established to ensure compliance with this

standard of public service delivery.

Requests for assistance (RAS) and cases referred for mediation shall be

disposed expeditiously. The concerned action officer shall take sufficient actions

under Section 26(3) and (4) of R.A. 6770 to address the request or grievance.

6. Improved anti-corruption policy and programme coordination among

sectors

The Ombudsman shall continue to adopt a three-pronged approach in the

war against corruption: enforcement, prevention and anti-corruption promotion. A

more effective corruption prevention policy shall be formulated to improved public

perceptions ratings and contribute to improving the national competitiveness

ranking. Toward this end, all existing anti-corruption programmes and projects

shall be evaluated for effectiveness and strategic alignment with medium-term

plans and international commitments.

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 A multi-sectoral strategy shall be devised to mobilize the support of all

stakeholders for a more coherent anti-corruption programme. The Ombudsman

shall ensure dynamic and productive policy and programme coordination among

the different sectors.

7. Rationalization of the functional structure of the Office

The existing functional structure of the Office of the Ombudsman shall be

reviewed to identify gaps and overlaps in the discharge of various functions. An

accounting of personnel and other resources shall be made to rationalize task

assignment and division of work processes and remove redundancy. All issues “and

concerns affecting personnel shall be sufficiently addressed subject to legal and

resource restrictions.

Procedures, systems, rules and administrative policies shall also assessed

for cost-efficiency and/or compliance with the Anti-Red Tape Act. The

Ombudsman shall adopt such structure, staffing pattern, systems, and procedures

that are uniform in its central and area/sectoral offices.

A metrics-based results-oriented performance management system shall be

adopted as an accountability and incentive mechanism for officials and employees.

The present performance appraisal system shall be revisited to reflect desired

performance outcomes. A similar system for measuring the performance of

managerial employees up to the level of Assistance Ombudsman or Deputy Special

94
Prosecutor or even the Ombudsman shall be put up. Appropriate management

action shall be taken against all non-performing officials and personnel.

8. Enhanced transparency and credibility

The Ombudsman shall observe transparency in all its dealing with the

public. The existing policy on sharing of information regarding the cases being

investigated or prosecuted by the Ombudsman shall be reviewed. Policies

regulating the disclosure of information on recruitment, promotion, and personnel

action; procurement and use of funds and resources; and the discharge of other

functions, shall also be reviewed.

The Ombudsman shall also enhance its credibility by adopting such

strategies and measures to improved public perceptions reflected in surveys and

media reports.

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Appendix 2. Overview of the Workshop on Integrity, Transparency and

Accountability in Public Service (ITAPS)

PURPOSE:

This training aims to refocus the attention of the participants into character

and integrity development, and into understanding their accountabilities as

corruption-resistant public officers whose guiding intention is to do what is right

for the benefit of the public.

OUTCOMES:

At the conclusion of the training, participants will:

1. Have increase confidence and comfort about their role as integrity

stakeholders and their accountabilities as public officers;

2. Fully understand the significance of personal virtues in the efficient

delivery of public services to the people;

3. Have facility in moral reasoning and making informed decisions; and

4. Affirm one’s professional strengths and personal virtues.

FORMAT: This is highly interactive, experiential workshop that uses

contemporary adult learning theory. There will be six (6) sessions to cover the

following topics/modules:

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 Module 1: People’s Expectation/ People’s Right and Development

Desired Outcome: At the end of session, the participants are expected to

gain understanding on the expectations of citizens.

Module 2: Legal Framework

Desired Outcome: At the end of the session, the participants are expected to

improve awareness on common offenses and corresponding penalties under

existing laws.

Modules 3: Public Accountability and Transparency

Desired Outcome: At the end of the session, the participants are expected to

revisit the value of accountability as public officers, private persons, or member of

the community.

Module 4: Code of Citizenship and Ethics

Desired Outcome: At the end of the session, the participants are expected to

get re-acquainted on the old principles of citizenship and ethics.

Module 5: Personal Integrity and Answerability

Desired Outcome: At the end of the session, the participants are expected to

deepen appreciation on the role of personal virtues in the efficient delivery of public

services.

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 Module 6: Informed Decision-Making

Desired Outcome: At the end of the session, the participants are expected to

enhance their ability to make informed decisions through moral reasoning.

LINKAGE TO OTHER TRAINING ACTIVITIES

The training is the main component of the corruption-prevention education

program of the OMB. It is designed to align with other specialist workshops on

integrity, transparency and accountability of public officers.

DURATION:

“1 ½ to 2 days depending on the availability of participants

NUMBER OF PARTICIPANTS:

50-60 participants per batch

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Appendix 3. Description of ITAPS Modules

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100
101
102
Appendix. 4. ITAPS Workshop conducted by OMB-MOLEO in 2014

103
Appendix 5. Number of Complaints Filed before OMB-MOLEO in 2014

104
Appendix 6. Number of Cases Docketed from 2008 to 2014 in OMB-MOLEO.

105
106