proposed anti-corruption framework

Hilario P. Martinez 1

Advice from a great soul …


Most Common Graft and Corruption Cases in

Government

…is not only about Wastage of Time, Materials, Effort and Government Funds, it entails Degradation of Quality of Public

Service, and Loss of Public Trust and Confidence


Who are they? What are they?


The Difficulty in Unravelling the Truth

Corruption in a Bureaucracy is like an “Iceberg”

Hilario P. Martinez

Water l ine o f

6

In a Bureaucracy, it is …

a lways about … never about …


FOR

OR

Facts or Myth? / True or False?


Graft & Corruption Cases

OVERPRICING OF GOODS/ SERVICES

GHOST PROJECTS



GHOST EMPLOYEES/ BENEFICIARIES

GHOST DELIVERIES/ UNDERSPECIFICATIONS



FUND WASTAGE DUE TO INCOMPETENT WORKFORCE

FALSIFICATION OF PUBLIC DOCUMENTS


SECRET STUFF


POOR PROJECT PLANNING/ IMPLEMENTATION

OVER STOCKING/ UNCONTROLLED EMERGENCY

PURCHASES


…and lastly, working for a Boss with questionable competence and

integrity


Lost opportunity

Frequent delays Stop gap measures

Prevalence of

committees

Indecisive or

no plans

Weak decision-

making skills

The Difference! STEALING FROM PUBLIC FUNDS

EMPLOYEES

COMMON

THIEVES

and

ROBBERS

BUSINESS

PEOPLE

common

crook

STEALING FROM PRIVATE CITIZENS


LOSS OF INCOME/ASSETS

THEY ARE

STEALING

OUR

FUTURE!!!

CITIZEN-TAXPAYERS

They took an

OATH as

PUBLIC

SERVANTS!

Factors Involve in Fraud

• Justification of dishonest actions

Rationalization

• Ability to carry out misappropriation of cash or organizational assets

Opportunity

• Motivation or incentive to commit fraud

Pressure


How FRAUD may be initiated

Emphasis on “Political Patronage System”

Centralized decision-

making and control over

processes

Prevalence of ad-hoc arrange-ments

Deception, connivance & misrepre-

sentation

Veiled threats against

subordinates

Extended use of non-

organic personnel


A FRAMEWORK FOR A BETTER BUREAUCRACY


•

Strengthen Internal Control Systems

Strengthen Integrity of

Human Resources

Strengthen prosecution

and litigation

Strengthen Preventive Measures

Strengthen Support

Measures

18 Hilario P. Martinez

Component 1: Strengthen Prosecution and Litigation

Strengthen Prosecution & Litigation Processes

Encourage and protect whistle-blowers

Prioritize prosecution of

3rd Level Personnel in

corruption cases Protect citizens’ right and access to information


Rule of Thumb: Bias towards the

Public and Public

Interest

Encouraging and Protecting Whistleblowers

Establish reward system and greater legal and

physical protection for ordinary citizens and

government employees reporting anomalies

Enforce and implement the Constitutional

provision that public servants shall ALWAYS be accountable, overriding all privileges granted to

public officials

Legalize Audio-Visual recordings as evidence

against suspects, especially against public

servants/officials

PUBLIC SCRUTINY IS A DEFAULT CONSEQUENCE OF PUBLIC SERVICE


Corruption cases should have shorter defined prosecution and litigation timelines

Prosecution and litigation of corruption cases of 3rd Level Personnel should take priority

Government officials and employees involve in corruption should be meted Double the weight of existing PENALTY

Deputize the IBP for fact-finding, investigation & prosecution of corruption cases in coordination with NBI

Double the capacity and capability of the Ombudsman and Sandiganbayan

Prioritizing Prosecution of 3rd Level Personnel in Corruption Cases


IBP – Integrated Bar of the Philippines

NBI – National Bureau of Investigation

Protecting Citizens’ rights and access to information

Redefine “national security” to real or imminent threats to

the people and State, not to include issues re personality &/or

positions

Penalize failure to comply to the 15-

calendar day-response time to any citizen

request for information: one month suspension, 6-months suspension,

and termination

In case of contest between the citizenry

and any public servant, bias should always be in favor of

the public, until proven otherwise


Objective: To earn the Trust & Respect of the Public


Component 2: Strengthen Integrity of Human Resources


Strengthen integrity of

human resources Adopt and

implement a competency-based HRD

system

Implement a wholistic

performance evaluation

system

Reinforce compliance to principle

of command responsibility

OFFERING AN ATTRACTIVE

ALTERNATIVE FOR GOVERNMENT

EMPLOYEES TO HAVE OWN

BUSINESS AND RETIRE EARLY

TEAM BUILDING,

ENFORCING JOINT

ACCOUNTABILITY,

STRENGTHENING

PLANNING,

OPTIMIZING

RESOURCE

UTILIZATION

COMPETENCY-

BASED SELECTION

PROCESS, ON-THE-

JOB BIASED

TRAINING,

PERFORMANCE–

BASED CONTRACT

The H.R.D. Component of an Anti-Corruption Drive


DETOXI-FYING

NOTE: See www.slideshare.net for

details of:

• “Competency-based HRD for

Public Servants,

• “Integrated Performance

Evaluation System, and

• “Streamlining the Bureaucracy

thru Entrepreneurship Dev’t”

Strengthening Integrity of Human Resources Reinforce compliance

to the rule of teamwork and

command responsibility

The immediate supervisor to the 3rd

higher level, should be held directly liable for the

underperformance and misdeed/s of their

subordinates

Team performance rating equals team-members’ individual performance rating

Adopt and implement a competency-based

HRD system

Identification and formulation of

competency standards by agency

Government-wide Standardization* of

competencies and job titles

Conduct of regular competency assessment

for all employees and officials

Implement a wholistic and

integrated performance

evaluation system

Applicable to both agency and individuals

Reflects the effectiveness of

planning

Measures how resources are utilized

Hilario P. Martinez 26 * See “Standardization of Appointive Positions in Gov’t”

Basic Change Required in Employment in Government

PRESENT RULES OF

PUBLIC SERVICE

PROPOSED RULES OF

PUBLIC SERVICE


*

* See “Competency Assessment System for the Phil. Civil Service”

Component 3: Strengthen Internal Control Systems


Activate internal control

functions in all agencies

Strengthen the pre-audit capability of

all agency accountants

Strengthen agency

resident ombudsman

system

Strengthen internal control systems

EMPOWERED

Strengthening Internal Control Systems

Activate and strengthen internal control functions in

all agencies

Req

uir

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l ag

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es t

o e

stab

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on

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it u

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usp

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enci

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Strengthen the pre-audit capability of

all agency accountants

Inst

all a

CO

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Strengthen agency resident Ombudsman system

A t

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mem

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Can

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* COA issued suspensions & disallowances unsettled

for 1 year automatically sent to Ombudsman

Component 4: Strengthen Support Measures

Strengthen Support Services

Implement I.Q., E.Q., and Medical test

for public service

Encourage early

retirement

Reinforce restrictions

on nepotism


See www.slideshare.net for “Streamlining the Bureaucracy thru Entrepreneurship Development”

http://www.slideshare.net/

Strengthening Support Measures Fit-for -Work Certification:

IQ – at least 80, EQ – at least 0.7 alpha, and

Medical-Psychological test for officials and employees

under…

Promotional appointments

New entrants and transferees

Employment Contract Renewal

Encourage early retirement for employees approaching

age 50 …

are trained in business & entrepreneurship

are encouraged to establish business on

their locality

are encouraged to retire early with gratuity

Reinforce restrictions on nepotism…

related up to 3rd degree of consanguinity or

affinity

in the same office, geo-political sub-division,

or region

individuals who misrepresent barred

permanently


Component 5: Strengthen

Preventive Mechanisms

Strengthen

Preventive

Mechanisms

Adopt a national policy of “NO”

politician as senior officials of any gov’t

agency below Department level *

Re-engineer, streamline the

bureaucracy

Make public the cost of construction

materials per province and per

region

Make public the annual work and

financial plans of all government

agencies, LGUs, Representatives

and Senators


LOCAL

CONTRACTORS

* To shield/protect the professional Bureaucracy

from undue political influence / culture

Strengthening Preventive Mechanisms

“No Politicians” policy* in line

agencies

Preference for most qualified next-in-rank

policy for insiders vying for senior

positions

Penalize politicians for influencing

appointments and contracts in government

Provide incentive/s for professionals,

technicians and executives to join the

bureaucracy

Re-engineer, streamline the bureaucracy

Apply the intent and spirit of EO

366 (Rationalization) to

all government agencies

Appointment and retention in gov’t

service should be by contract subject to

periodic competency assessment and

performance evaluation

Make public the cost of construction materials per

province and region

Publish yearly/ regularly the unit

cost of all materials,

including labor, being used in

construction for each province

Make public the annual work and

financial plans of all government entities

Publish the yearly programs and

budget & expenses of all

government agencies,

Congressmen and Senators (also

their term’s legislative agenda)

in the tri-media, public places, and

the internet

Hilario P. Martinez 33 * To shield/protect the professional Bureaucracy

from undue political influence

The Ultimate Objective


Service/Process Optimization

Change Management

Employee Engagement

Performance Management

Good Government

A basic factor to realize this basic, simple but rational change . . .


proposed anti-corruption framework

Government & Nonprofit