More anti-corruption bodies = more corruption
Corruption in government is a malady that has probably existed since government was invented in various parts of the world. As governments expanded, ie, as agencies and bureaucracies and government enterprises expanded, so has corruption expanded.
In the Philippines, the battle against corruption was highlighted in the first People Power Revolution, also known as "Edsa 1" where a dictator which ruled the country for 20 years (1965-1985), former President Marcos, was ousted in 1986. Then new President Cory Aquino, instructed all agencies to fight corruption within their ranks; a number of new anti-corruption bodies and court were also created.
Fifteen years later, in 2001, another People Power Revolution, aka "Edsa 2" took place, and former President Estrada was ousted. The battlecries for the same citizen revolt were essentially the same: "enough of corruption".
Today, the same concerns keep on reverberating, with various accussations against the current President, Gloria Macapagal-Arroyo. It is safe to bet that the same concerns will come up again and again in the next 20 years; in the next 50 years or more.
I chanced upon a book published by the ADB, "Country Governance Assessment: Philippines", published in 2005. On page 22, there is a list of the Philippine government's anti-corruption bodies. Here they are:
1. Office of the Ombudsman (OMB) -- created under the 1987 Constitution. Investigates and prosecutes, takes criminal cases to court or Sandiganbayan, depending on the accused government official's rank.
2. Commission on Audit (COA) -- created under the 1987 Constitution. Conducts independent audits of government agencies, refers financial irregularities to the OMB.
3. Civil Service Commission (CSC) -- created under the 1987 Constitution. Sets standards and norms for civil servants; preventive role in minimizing and controlling corruption.
4. Sandiganbayan -- created under the 1987 Constitution. Main anti-graft court, adjudicates cases brought to it by OMB; deals only with cases for high-ranking government officials.
5. Judiciary (Supreme Court, Court of Appeals, lower courts) -- created under the past and 1987 constitution. Adjudicates law in all areas.
6. Department of Justice (DOJ) -- under the Executive branch. Government's chief criminal prosecution arm.
7. National Bureau of Investigation (NBI) -- under the DOJ. Gathers evidence for probable hearings and file appropriate charges.
8. Presidential Commission on Good Government (PCGG) -- created by Executive Order (EO) No. 1, 1986. Assigned to recover ill-gotten wealth of the Marcos family, now of the past President Estrada.
9. Inter-Agency Anti-Graft Coordinating Council (IAAGCC) -- created by EO 79, 1999. Shares info and resources and coordinate its members (CSC, COA, DOJ, NBI, OMB, and PCAGC, now PAGC).
10. Presidential Anti-Graft Commission (PAGC) -- created by EO 12, 2001, under Pres. Arroyo. Superseded ex-Pres. Ramos' Presidential Commission Against Graft and Corruption (PCAGC), and ex-Pres. Estrada's National Anti-Corruption Commission). Investigates corruption practices by Presidential appointees.
11. Presidential Commission on Effective Governance (PCEG) -- created by EO 165, 1999. To strengthen public sector institutions and streamlining agenda.
12. Governance Advisory Council (GAC) -- created by EO 25, 2001. Advises Presidents in formulating governance reform. Consists of private sector appointees.
13. Anti-Money Laundering Council (AMLC) -- created by Republic Act 9160, 2001. Can freeze suspicious accounts for 15 days without recourse to courts.
14. Department of Budget and Management (DBM) -- Oversees reforms in government procurement system, bureaucracy streamlining.
May I add that there are 2 more institutions not mentioned in the ADB book list that have far bigger roles in combatting corruption:
a) House of Representatives (HOR) -- created under the past and 1987 Constitution. The congressional (House and Senate) committees are the regular forum where issues and scandals are investigated, and bills are discussed and approved (or neglected, unacted). Hence, the committees can either uncover and discourage corruption, or protect the corrupt officials upon the connivance of top committee leaders. The HOR has 57 regular committees and 14 special committees!
b) Senate of the Philippines -- created under the past and 1987 Constitution. Same power of committees as those in the lower House. The senate (with 24 senators) has 36 regular committees and 20 oversight committees.
The presence of so many anti-corruption bodies is like putting in more money to find out how much money have been wasted and stolen already. All these plus other government bodies indirectly engaged in preventive anti-corruption activities (the Bangko Sentral ng Pilipinas or BSP, the Securities and Exchange Commission or SEC, among others), and private sector-initiated anti-corruption watchdogs have one thing in common: they demand "good governance". But almost none of them demand "less governance".
Big and expansive government means big opportunity for corruption. Since the fund to create and sustain a government agency does not come from the elected politicians nor the appointed administrators and bureaucrats but from taxes, especially from private sector taxpayers, the temptation to waste such money is big. The small probability of being caught and much smaller probability of being prosecuted and punished (in case one is caught) enhances the temptation to steal and waste.
Again, the dictum:
"Spending your OWN money for yourself, your family, or for others, you're careful. Spending OTHER PEOPLE's money for yourself, your family, or for others, you can be wasteful."
And so, with more anti-corruption bodies existing and new ones created or recycled, the cycle of corruption, the temptation to steal, and confusion whom to catch and who should catch, continues.
In the Philippines, the battle against corruption was highlighted in the first People Power Revolution, also known as "Edsa 1" where a dictator which ruled the country for 20 years (1965-1985), former President Marcos, was ousted in 1986. Then new President Cory Aquino, instructed all agencies to fight corruption within their ranks; a number of new anti-corruption bodies and court were also created.
Fifteen years later, in 2001, another People Power Revolution, aka "Edsa 2" took place, and former President Estrada was ousted. The battlecries for the same citizen revolt were essentially the same: "enough of corruption".
Today, the same concerns keep on reverberating, with various accussations against the current President, Gloria Macapagal-Arroyo. It is safe to bet that the same concerns will come up again and again in the next 20 years; in the next 50 years or more.
I chanced upon a book published by the ADB, "Country Governance Assessment: Philippines", published in 2005. On page 22, there is a list of the Philippine government's anti-corruption bodies. Here they are:
1. Office of the Ombudsman (OMB) -- created under the 1987 Constitution. Investigates and prosecutes, takes criminal cases to court or Sandiganbayan, depending on the accused government official's rank.
2. Commission on Audit (COA) -- created under the 1987 Constitution. Conducts independent audits of government agencies, refers financial irregularities to the OMB.
3. Civil Service Commission (CSC) -- created under the 1987 Constitution. Sets standards and norms for civil servants; preventive role in minimizing and controlling corruption.
4. Sandiganbayan -- created under the 1987 Constitution. Main anti-graft court, adjudicates cases brought to it by OMB; deals only with cases for high-ranking government officials.
5. Judiciary (Supreme Court, Court of Appeals, lower courts) -- created under the past and 1987 constitution. Adjudicates law in all areas.
6. Department of Justice (DOJ) -- under the Executive branch. Government's chief criminal prosecution arm.
7. National Bureau of Investigation (NBI) -- under the DOJ. Gathers evidence for probable hearings and file appropriate charges.
8. Presidential Commission on Good Government (PCGG) -- created by Executive Order (EO) No. 1, 1986. Assigned to recover ill-gotten wealth of the Marcos family, now of the past President Estrada.
9. Inter-Agency Anti-Graft Coordinating Council (IAAGCC) -- created by EO 79, 1999. Shares info and resources and coordinate its members (CSC, COA, DOJ, NBI, OMB, and PCAGC, now PAGC).
10. Presidential Anti-Graft Commission (PAGC) -- created by EO 12, 2001, under Pres. Arroyo. Superseded ex-Pres. Ramos' Presidential Commission Against Graft and Corruption (PCAGC), and ex-Pres. Estrada's National Anti-Corruption Commission). Investigates corruption practices by Presidential appointees.
11. Presidential Commission on Effective Governance (PCEG) -- created by EO 165, 1999. To strengthen public sector institutions and streamlining agenda.
12. Governance Advisory Council (GAC) -- created by EO 25, 2001. Advises Presidents in formulating governance reform. Consists of private sector appointees.
13. Anti-Money Laundering Council (AMLC) -- created by Republic Act 9160, 2001. Can freeze suspicious accounts for 15 days without recourse to courts.
14. Department of Budget and Management (DBM) -- Oversees reforms in government procurement system, bureaucracy streamlining.
May I add that there are 2 more institutions not mentioned in the ADB book list that have far bigger roles in combatting corruption:
a) House of Representatives (HOR) -- created under the past and 1987 Constitution. The congressional (House and Senate) committees are the regular forum where issues and scandals are investigated, and bills are discussed and approved (or neglected, unacted). Hence, the committees can either uncover and discourage corruption, or protect the corrupt officials upon the connivance of top committee leaders. The HOR has 57 regular committees and 14 special committees!
b) Senate of the Philippines -- created under the past and 1987 Constitution. Same power of committees as those in the lower House. The senate (with 24 senators) has 36 regular committees and 20 oversight committees.
The presence of so many anti-corruption bodies is like putting in more money to find out how much money have been wasted and stolen already. All these plus other government bodies indirectly engaged in preventive anti-corruption activities (the Bangko Sentral ng Pilipinas or BSP, the Securities and Exchange Commission or SEC, among others), and private sector-initiated anti-corruption watchdogs have one thing in common: they demand "good governance". But almost none of them demand "less governance".
Big and expansive government means big opportunity for corruption. Since the fund to create and sustain a government agency does not come from the elected politicians nor the appointed administrators and bureaucrats but from taxes, especially from private sector taxpayers, the temptation to waste such money is big. The small probability of being caught and much smaller probability of being prosecuted and punished (in case one is caught) enhances the temptation to steal and waste.
Again, the dictum:
"Spending your OWN money for yourself, your family, or for others, you're careful. Spending OTHER PEOPLE's money for yourself, your family, or for others, you can be wasteful."
And so, with more anti-corruption bodies existing and new ones created or recycled, the cycle of corruption, the temptation to steal, and confusion whom to catch and who should catch, continues.
posted by Bienvenido Oplas Jr | 8:06 PM
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