INTRODUCTION

This paper will explore the issue of corruption, specifically clan-oligarch corruption

prevalent in the Philippines. It will compare the experiences of the Philippines to Japan

and Canada despite the two countries’ least corrupt status globally. This paper will show

that weak enforcement of laws on corruption is the common denominator in these three

countries. While Japan and the Philippines share similar experiences in bribery of

officials, the Philippines, and Canada share similarities in the resurgence of corruption

associated with entrenched political surnames such as the Marcoses and Trudeaus. It

will conclude by proposing amendments to RA 3019 - the Anti-Graft and Corrupt Practices

Act and RA 6081- Witness Protection, Security and Benefit Act to address the issue of

rampant corruption. The country needs to start addressing corruption by exposing it and

stop normalizing it as part and parcel of government transactions. By strengthening the

protection provided to whistleblowers, more citizens will be encouraged to report

corruption cases.

DISCUSSION

Reason and the Common Good

Law is a rule of human acts, commanding man to act or refrain from acting (Summa

Theologica [S.T.], I-II, Q.90, A.1). The measure of human acts is human reason, for it is

by reason that we perceive and put order into things. A reasonable law is necessary,

useful, clear in expression, and adapted to place and time (S.T., I-II, Q.95, A.3). The

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people are moved to follow the law when it is reasonable. If the law is unreasonable, it

would only invite defiance and dissent.

The common good need not be the utilitarian ethic of “the greatest happiness for the

greatest number.” Rather, it is for the good of everyone. It bears the common aspirations

of all, not just the majority. A law can be a valid public order — reasonable and fair to all

— although it may be unpopular to many. Hence, the public should be able to take notice

of the law, whether by publication or by hear yeas as a matter of due process. Then, due

promulgation must come from a competent authority, not from some private individual or

public official unauthorized to enact a law. Law must be issued by one who takes charge

of the community, who wields the power to promote the common interest.

Legal Theories

I. Critical Legal Theory

Critical Legal Theory (CLT), on a broader sense, seeks to challenge the dominant social,

economic, and political structures that shape the legal system. It aims to expose the

underlying dynamics that reinforce the structures of such. CLT also emphasizes the

importance of context in understanding the law. This means that the legal decisions

cannot be understood in isolation, since it is dependent to the social, economic, and

political conditions or influences, it but must be considered in relation to such1

1
Wacks, Raymond, “Philosophy of Law: A very short introduction”, Oxford University Press (2006), pg. 75, 92-
95 2Aquino, David Robert, “The Philosophy of Law”, Central Books Supply Inc. (2020), pg. 36-37

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CLT is a theory that states that the law is necessarily intertwined with social issues,

particularly stating that the law has inherent social biases. Proponents of CLS believe that

the law supports the interests of those who create the law. As such, CLS states that the

law supports a power dynamic which favors the historically privileged and disadvantages

the historically underprivileged.2

Effects of Critical Legal Theory on the Legal System

In the context of Philippine Law, critical legal theory provides a lens through which to view

the law and its implementation. The country has a complex legal system, with various

laws and regulations that are supposed to govern different aspects of life. However, the

reality is that the law is often applied selectively, with those in power benefiting at the

expense of the marginalized.

CLT is not a neutral, objective tool for administering justice. Instead, it is influenced by

the interests and values of those who are in power in society. This implies that the law

can be used to reinforce existing power structures and inequalities, rather than to address

the actual or imminent issues. For better understanding, laws that criminalize drug use

may be designed to maintain the social and economic status quo, rather than to address

the root cause of drug addiction. CLT likewise highlights that the law is not a static or fixed

entity, but rather a dynamic and constantly evolving system that reflects the changing

values and interests of the society.3

2
Cornell Law School, Legal Information Institute, Overview of Critical Legal Theory
3

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Limitations of Critical Legal Theory

1. Limited applicability: CLT is not always applicable to all legal issues. The main

reason for this is that CLT tends to focus primarily on the macro-level social

structures and power relations that underlie the law, rather than on the specific

legal rules and procedures that govern individual cases. As a result, it may not

always provide practical guidance for legal practitioners or policymakers who are

concerned with specific legal issues or disputes.

2. Lack of consensus: CLT is a diverse and contested field with different schools of

thought and approaches. This would then lead to confusion and misunderstanding.

In particular, CLT has not produced a single, monumental body of thought. Instead,

it only critiques on existing forms.

II. Legal Positivism

Contrastingly, Legal positivism is the thesis that the existence and content of law depend

on social facts and not on its merits. The English jurist John Austin (1790–1859)

formulated it thus:

The existence of law is one thing; its merit and demerit are another.

Whether it be or be not is one enquiry; whether it be or be not

conformable to an assumed standard, is a different enquiry. (1832

[1995: 157]).

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The positivist thesis does not say that law’s merits are unintelligible, unimportant, or

peripheral to the philosophy of law. It says that they do not determine whether laws or

legal systems exist.4

PROPOSED RECOMMENDATION TO EXISTING LAWS

A. RA 3019 - Anti-Graft and Corrupt Practices Act

Over the years, we have seen different schemes used by public officials to extort,

malversate and misappropriate funds. After the Napoles issue, it is the best time to

strengthen its provisions, ensure its effectiveness in contemporary settings, and

address any loopholes or inefficiencies identified over the years. The recommended

amendments are:

1. Strengthen the Penalties: Increasing the penalties for acts of corruption

could serve as a stronger deterrent against graft. This might include longer

prison terms, larger fines, or both.

2. Broadening Coverage: Expanding the definition of corrupt activities and the

range of officials covered under the act could close loopholes that allow

some corrupt practices to go unpunished.

4
Stanford Encyclopedia of Philosophy, Legal Positivism, revised 17 December 2019

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3. Enhancing Transparency and Accountability: Introducing measures that

increase transparency in government transactions and the decision-making

process can reduce opportunities for corruption. This might involve

mandatory disclosures of assets by public officials, or requirements for

public bidding processes to be more open and accessible.

4. Improving Enforcement Mechanisms: Proposals could focus on enhancing

the powers and resources available to bodies charged with enforcing RA

3019, such as the Office of the Ombudsman. This might include granting

more investigative powers or increasing funding for anti-corruption

activities.

5. Protecting Whistleblowers: Strengthening protections for those who report

corruption is crucial. Amendments could aim to provide anonymity, job

security, and legal protections for whistleblowers.

6. Integrating Technology: Utilizing technology to track government spending

and to automate public services can reduce human discretion in processes

that are typically vulnerable to corruption. Proposals might include

developing platforms for online transactions and digital record-keeping.

7. Educational Initiatives: Including provisions for compulsory education on

ethics and anti-corruption for public officials at all levels might help inculcate

a culture of integrity within the public service.

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 B. RA 3019 - Witness Protection, Security and Benefit Act

To ensure and strengthen the safety of witnesses and their families who testify about

criminal acts, particularly in cases that involve high-level corruption, serious felonies, and

organized crime. The recommended and potential area for amendment are:

1. Enhanced Security Measures: Proposals might focus on providing more robust

security measures for witnesses, possibly including improved physical protection,

secure housing, and relocation benefits.

2. Financial Incentives: Amendments could increase the financial assistance

provided to witnesses, including allowances during the period they are unable to

work due to involvement in trials, and compensation for the potential economic

backlash of testifying.

3. Anonymity and Confidentiality: Strengthening provisions that allow a witness's

identity to remain confidential throughout the investigative and judicial processes

could protect witnesses from potential retaliation.

4. Scope of Coverage: Extending the coverage of the act to include more types of

corruption cases or lower-level graft which might not currently qualify for full

protection under the existing provisions.

5. Ease of Application: Simplifying the process through which witnesses can apply

for protection under the act to encourage more individuals to step forward with

information.

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 6. Legal Support: Providing comprehensive legal assistance to witnesses to navigate

the complexities of the legal system while they participate in corruption cases.

7. Health and Psychological Support: Including provisions for mental health support

and counseling for witnesses and their families, acknowledging the psychological

toll of being involved in high-stakes legal processes.

As of the last update, there isn't a specific "Anti-whistle Protection Act" in the Philippines.

However, whistle-blower protection is indeed a critical component in the fight against

corruption and other unethical practices. In the context of the Philippines, whistle-blower

protections are scattered across various laws and regulations. For instance, the "Witness

Protection, Security and Benefit Act" (Republic Act No. 6981) provides some protections,

but primarily for witnesses, not specifically for whistle-blowers. The "Anti-Graft and

Corrupt Practices Act" (RA 3019) also addresses corruption, but again, does not provide

comprehensive protection for those who expose corruption.

Considering these gaps, proposed amendments could focus on (1) providing protection

from retaliation, (2) creating an oversight and enforcement agency and (3) improving

education and awareness programs.

CONCLUSION

To effectively address corruption, it is crucial to have strong legal frameworks that can

adapt to the changing needs of society. The Philippines can take significant steps towards

eradicating corruption by creating a dedicated whistle-blower protection act and

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amending RA 3019 and RA 6981. These legal reforms, based on both critical legal theory

and legal positivism, aim to realign the legal system with the broader goals of

transparency, accountability, and the common good, ultimately fostering a more just and

equitable society. By recognizing these biases, legal reforms can be designed to

dismantle entrenched power structures and promote fairness. Conversely, legal

positivism emphasizes the importance of law's existence based on social constructs

rather than moral values, which underscores the necessity for laws that are widely

accepted and rigorously enforced within society.

By integrating these theoretical perspectives, the proposed legal reforms aim to

recalibrate the Philippine legal system towards greater transparency and accountability.

This holistic approach not only addresses the symptoms of corruption but also targets its

root causes, ensuring sustainable governance improvements that resonate with the values

and aspirations of the Filipino people. Through these measures, the Philippines can hope

to foster a culture of integrity and accountability that is crucial for national development

and the well-being of its citizens.