SESSION 2

ANTI-CORRUPTION LEGAL MEASURES

AND INSTITUTIONAL MECHANISMS
ACTIVITY # 3
T HE N AIL
P ROBLEM
13 nails

Balance the 12 Nails on top of the nail

standing on the base
2
 1. 12 nails must balance
simultaneously in a self-sustaining
manner (no external support,
hands, rubber bands, clips,
magnets, etc.) for at least 3
minutes
2. The wooden base must remain
flat on the table all the time—do not
put it on its side
M ECHANICS 3. Please leave the nail on the
base as is (you cannot twist it,
push it in, etc.)
 PROCESSING:
T HE N AIL P ROBLEM
Principles
Laws

Duty Bearers & Context

Claim/Rights
Holders 4
 • Presidential Decree (P.D.) 6
• Revised Penal Code of the (1972)
Book 2, Title 2, 4 and 7 • 46 (1972)
(1930) • PD 677 (1975)
• Republic Act (RA) 1379 • PD 749 (1975)
(1955) • PD 807 (1975)
• RA 3019 (1960) Anti-Graft • PD 1606 (1978)
and Corrupt Practices Act • PD 1829 (1981)
• RA 6028 (1969) • Batas Pambansa Bilang 195
(1982)
• Batas Pambansa Bilang 242
L AWS R ELATED TO (1982) 5
C ORRUPTION
 • RA 7055 (1991)
• 1987 Constitution of the • RA 7080 (1991)
Republic of the • RA 7975 (1995)
• 1987 Administrative Code • RA 8249 (1997)
(Executive Order (EO) No. • Proclamation 189 (1999)
292). • EO 268 (2000)
• EO 243 (1987). • EO 317 (2000)
• RA 6713 (1989). • EO 12 (2001)
• Code of Judicial Conduct • EO 25 (2001)
(1989) • RA 9160 (2001)
• Code of Corporate Governance
L AWS R ELATED TO (2002) 6
C ORRUPTION
• RA 9184 (2002) • EO 327 (2004)
• EO 38 (2001) • Proclamation No. 591 (2004)
• EO 72 (2002) • EO 531 (2006)
• EO 109 (2002) • EO 531-A (2006)
• EO No. 114 (2002) • EO 531-B (2006)
• EO No. 251 (2003) • RA 9485 (2007)
• RA 9194 (2003)

L AWS R ELATED TO
7
C ORRUPTION
• RA 9184 (2002) • EO 327 (2004)
• EO 38 (2001) • Proclamation No. 591 (2004)
• EO 72 (2002) • EO 531 (2006)
• EO 109 (2002) • EO 531-A (2006)
• EO No. 114 (2002) • EO 531-B (2006)
• EO No. 251 (2003) • RA 9485 (2007)
• RA 9194 (2003)

L AWS R ELATED TO
8
C ORRUPTION
Other pertinent laws:
• Anti-Graft and Corruption Practices Act (RA 3019)
• Ombudsman Act of 1989 (RA 6770)
• Administrative Code of 1987
• An Act Defining and Penalizing the Crime of Plunder (RA 7080)
• 2016 Revised Implementing Rules and Regulations of the
Government Procurement Reform Act (RA 9184)
• The Presidential Anti-Corruption Commission (EO No. 43)
• Ease of Doing Business and Efficient Government Service
Delivery Act of 2018

L AWS R ELATED T O
9
C ORRUPTION
 ANG DAMI!
Q UESTION
Saan tayo pwede
magsimula?

10
 1987 Philippine Constitution
Section 1. Public office is a public trust.
Public officers and employees must, at all
times, be accountable to the people, serve
them with utmost responsibility, integrity,
loyalty, and efficiency; act with patriotism and
justice, and lead modest lives.
11
 Code of Conduct of and Ethical Standards
for Public Officials and Employees
(R.A. 6713)

Public officials and employees shall at all

times be accountable to the people and
uphold public interest over personal
interest.
12
 Code of Conduct of and Ethical Standards
for Public Officials and Employees
(R.A. 6713)
Duties of Public Officials and Employees
• Act promptly on letters and requests
• Submit annual performance report
• Process documents and papers expeditiously
• Act immediately on the public's personal
transactions
• Make documents accessible to the public 13
 Code of Conduct of and Ethical Standards
for Public Officials and Employees
(R.A. 6713)
Prohibited Acts and Transactions
• Engage in the private practice of their
profession unless authorized by the Constitution
or law
• Disclosure and/or misuse of confidential
information
• Solicitation or acceptance of gifts 14
 Code of Conduct of and Ethical Standards
for Public Officials and Employees
(R.A. 6713)
Prohibited Acts and Transactions
• Financial and material interest.
• Own, control, manage or accept employment as officer,
employee, consultant, counsel, broker, agent, trustee or
nominee in any private enterprise regulated, supervised
or licensed by their office
• Recommend any person to any position in a private
enterprise which has a regular or pending official
transaction with their office.
15
 OFFICE OF OMBUDSMAN

● “Tanodbayan and the watchdog”

● Created so that the State shall

maintain honesty and integrity in
the public service and take positive
and effective measures against
graft and corruption.
A NTI- C ORRUPTION
B ODIES 16
 STATISTICS
3,189
complaints filed
against local
officials

265
from Provincial 1,849
Government from Cities and
Municipalities
1,065
A NTI- C ORRUPTION from Barangays 10
unclassified
2.53%
B ODIES 17
 CIVIL SERVICE COMMISSION
● Central personnel agency of the
Philippine government

● It sets the standards and norms

for appointment to government
posts and enforcing the
behavioral norms and
A NTI- C ORRUPTION standards prescribed for public
officials.
B ODIES 18
 COMMISSION ON AUDIT
● Supreme State Audit Institution
● Audits all accounts pertaining to all
government revenues and
expenditures/uses of government
resources
● Prescribes accounting and auditing rules
● Promotes transparency and
accountability in public financial
A NTI- transactions
● Publishes various reports regarding the
C ORRUPTION transparency of government agencies
19
 SANDIGANBAYAN

It is a special court that has

jurisdiction over criminal and civil
cases involving graft and corrupt
practices and such other offenses
committed by public officers and
employees, including those in the
A NTI- GOCCs, in relation to their office as
may be determined by law.
C ORRUPTION
20
 SANDIGANBAYAN

Problems and Initiatives

10.2 years - average number of

years to process cases against
government officials (former
Ombudsman Simeon Marcelo,
A NTI- 2014)
C ORRUPTION
21
 Presidential Commission on
Good Government

Created by former President

Corazon Aquino through the
promulgation of the Executive
Order No. 1 which placed the
A NTI- office under the Office of the
C ORRUPTION President
22
Revisiting Governance
Reform Framework
Communication /
Information Dissemination

Institutions / Processes

Our Vision:
Corruption-free
Mindsets and Barangay! Citizen
Behavior Engagement
Metanoia (Claim Holders)
Leadership
Phronetic
(Duty Bearers)
Abuse of entrusted power for private
Glocalization
gain Coopetition
(Brillantes and Perante-Calina 2018) 23
Revisiting Governance
Reform Framework

Structural and Insitutional reforms

• Review and update existing anti-corruption laws

Reforming Mindsets and Behavior for Anti-

Corruption
• Capacity building/training programs
• Immersion in communities
• Lakbay Aral toAbuse of entrusted power for private
model barangays
gain (Brillantes and Perante-Calina 2018)
24
Revisiting Governance
Reform Framework
Leadership
• Recognition of paragons and models of good governance
• Local Government Leadership Award
• Implementation of anti-corruption ordinances and
political will of the barangay leaders
Citizen Engagement
• Membership in anti-corruption organizations
• Volunteer work Abuse of
as monitors in the implementation
entrusted power for private of
public funded projects
gain (Brillantes and Perante-Calina 2018)
25
 Institutions /
Processes
Sustainable Development
Goals (SDG)
Ambisyon
Natin 2040

Our Vision:
Corruption-free
Barangay!
Citizen
Mindsets and Engagement
Behavior (Claim
Metanoia Holders)

ALIGNING THE Abuse ofLeadership

entrusted power for private
VISION gain Phronetic
26
(Duty Bearers)
ALIGNING THE Abuse of entrusted power for private
VISION gain AMBISYON NATIN 2040
27
ALIGNING THE Abuse of entrusted power for private
SUSTAINABLE DEVELOPMENT GOALS
VISION gain 28
 Institutions /
Processes
Sustainable Development
Goals (SDG)
Ambisyon
Natin 2040

Our Vision:
Corruption-free
Barangay!
Citizen
Mindsets and Engagement
Behavior (Claim
Metanoia Holders)

ALIGNING THE Abuse ofLeadership

entrusted power for private
VISION gain Phronetic
29
(Duty Bearers)