SS15 AT3

Elyza ________________ Name Score Dr. Teresita ________________ Professor Date V. Buenvenida Elaine Padilla

ORIGINAL RESEARCH LEGISLATIONS: FORMS OF CORRUPTION Corruption comes in different forms and functions. As Robert Klitgaard puts it, corruption embraces a wide array of illicit behaviors, including bribery, extortion, fraud, nepotism, graft, speed money, pilferage, theft, embezzlement, falsification of records, kickbacks, influencepeddling, and campaign contributions. In the Philippines, corrupt practices range from as simple as lagay (bribery) or speed money for faster release of a government license to a convoluted system of rent-seeking activities in politics and such other practices that abuse public office and functions. The culture of patronage in the country has been embedded in its governance systems and institutions with public office abuses committed from low ranking government officers to the highest levels of public authority. This has thus resulted in a weak state engaged in rent-seeking activities that cause corruption and mismanagement of the Philippine political economy. The Legal Environment The Philippines suffers from a long history of corruption entrenched in its governance systems and institutions. Despite efforts to counter corruption through various legislation, the lack of enforcement and application of these laws remain a gargantuan task and enormous challenge for government. According to Abad, While there is no dearth of laws and institutions, they have been reduced to mere formalities. Clientelism and bureaucratic capture continue to characterize governance institutions in the country. Instead of public interest in mind, governance institutions are not driven by public good but are captured by their own political and economic interests. The 1987 Philippine Constitution provides the framework for accountability in public office with Article XI defining public office as a public trust and that public officials 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. The same Article provides that the President, Vice President, members of the Supreme

Court, Members of the Constitutional Commission and the Ombudsman may be removed from office for graft and corruption or betrayal of public trust. Various Philippine laws define acts considered as corrupt practices ranging from receiving of gifts to acquisition of ill-gotten wealth. The corresponding penalties for committing these corrupt acts and practices range from aresto mayor (imprisonment of one month and one day to six months), to perpetual disqualification from public office, to forfeiture of properties, to reclusion perpetua (lifetime imprisonment). Some of the anti-corruption laws in the country include the Ombudsman Act of 1989, Anti-Graft and Corrupt Practices Act, Code of Conduct and Ethical Standards for Public Officials, Forfeiture Law, Plunder Law, and the Anti-Red-Tape Act. The Philippine anti-corruption laws are summarized in the following table:

LEGAL CASES: 1. Hello Garci (2004) The Hello Garci scandal (or just Hello Garci) is a political scandal and electoral crisis in the Philippines. The scandal involves former president Gloria Macapagal-Arroyo, who allegedly rigged the 2004 national election in her favor. The official results of that election gave Gloria Macapagal-Arroyo and Noli de Castro the presidency and vice-presidency, respectively. Hundreds of national and local positions were also contested during this election. The scandal and crisis began in June 2005 when audio recordings of a phone call conversation between President Arroyo and then Election Commissioner Virgilio Garcillano allegedly talking about the rigging of the 2004 national election results, were released to the public. This escalated, when the minority of the lower house of Congress attempted to impeach Arroyo. This was blocked by Arroyo's coalition in September 2005. No trial has taken place thus far. Allegations against Arroyo and her accomplices in government are many, including electoral fraud and a subsequent cover-up. The administration has denied some of the allegations and challenged others in court. The House of Representatives, which is dominated by Arroyo's coalition allies, blocked attempts for an impeachment trial. Arroyo's most well-known alleged accomplice from the electoral commission, Virgilio Garcillano, was missing for a few months, but has returned to the capital in late 2005. Allegations persist regarding possible conspirators from the government who helped in his escape, and another alleged cover-up. Garcillano denied any wrongdoing, before his disappearance, and after his return. In December 2006, Garcillano was cleared of perjury charges by the Department of Justice. A Senate investigation is ongoing.

2. Fertilizer Fund Scam (2004) The Fertilizer Fund Scam is a Philippine political controversy involving accusations that Agriculture Undersecretary Jocelyn Bolante diverted P728 million in fertilizer funds to the 2004 election campaign of President Gloria Macapagal-Arroyo.

In

March

2004,

the Philippine

Daily

Inquirer reported

that

Senator Panfilo

Lacson accused President Arroyo of vote-buying by authorizing the release of 728 million. The money was supposedly to be used for the purchase of fertilizers which would be distributed to the local officials. After a year, an episode of the Probe Team reported that some farmers claimed that they did not receive fertilizers from the funds released by the Department of Agriculture. A Philippine Center for Investigative Journalism (PCIJ) special report was released later saying that billions of farm funds were used to fund the presidential campaign of Arroyo.

3. Military Chief denies overspending on fuel (May 12, 2011) MANILA The Armed Forces of the Philippines (AFP) did not overspend on fuel and oil, its chief of staff said Thursday, adding it even had savings left over. At a Senate hearing on alleged military corruption, AFP Chief of Staff Eduardo Oban Jr. said an investigation on the P400 million petroleum oil, and lubricants (POL) that the AFP allegedly used in the first quarter of 2011 indicates there was no anomaly. According to earlier reports, the office of Commodore Teddy Pan, AFP deputy chief of staff for logistics, recorded a distribution and consumption of P400 million worth of petroleum oil and lubricants for military units from January to March 15, 2011. The amount is above the AFPs authorized P150 million for one quarter. Pan was relieved from his post in April to pave way for an impartial and honest investigation. However, Oban said the AFP actually saved P20 million in POL from January to March of this year.