Documente Academic
Documente Profesional
Documente Cultură
In Partial Fulfillment
of the Requirement for the Subject
PA 603 Ethical Challenges in Public Management
Submitted to:
DR. CORA M. DALANGIN
By:
EnP MARY ANN E. ANTENOR, MPA
November 2019
ANTI-RED TAPE ACT (R.A.9485)/ BASIS FOR DISCIPLINARY ACTION/ OVERSIGHT BODIES
AGAINST CORRUPTION/ THE ROLE OF OMBUDSMAN/ OPERATIONAL THRUST OF ETHICS AND
ACCOUNTABILITY/LEVELS OF ETHICS/ TOWARDS ETHICAL AND ACCOUNTABLE GOVERNANCE
NARRATIVE REPORT
By:
EnP MARY ANN E. ANTENOR, MPA
Doctor of Public Administration, Student
On the context of the discussion on red tape, the main purpose of crafting a bill on anti-red tape was
based on the demands of the public regarding the proliferation of delays, inefficiencies, confusing, lengthy
and pointless procedures and processes that often times brings the public at the mercy of the civil servants
and bureaucratic impulses and notions. Even the business community has raised its concerns on the
burdensome and lengthy procedures that hinder business growth and employment opportunities.
With the citizens at the center, ARTA aims to bring about changes, especially in the public sector
mindset. It reverses the old service delivery model that puts primacy on the role of the agency and leaves the
customers, in this case-the citizens, out of the picture. In simple words, the program puts the citizens at the
center of the service delivery system. We envision a landscape of openness. Openness to customer feedback
and third-party assessment towards the end of improving the public’s experience with government services.
But how does ARTA make these changes possible?
The law provides access to public service information that matters. ARTA requires all government
offices providing frontline services to post Citizen’s Charters. These Charters are the commitments of
agencies on what their customers should expect during transactions. It also increases citizens’ accessibility
for government feedback. Through the program’s Report Card Survey, gathers citizens’ feedback within the
premises of government offices immediately after the citizens’ availment of frontline services. The RCS
strategically targets government agencies that received the most number of ARTA-related feedback in the
CCB. Through the RCS, citizens rate and assess the service delivery performance of these agencies in terms
of the following areas: Compliance with the Citizen’s Charter service standards, Anti-fixer campaign, no hidden
costs, PACD, no noon break compliance, ID, and client satisfaction with the service quality, frontline service
provider, physical setup, basic facilities, and general contentment with the completed transaction.
We take also citizen’s participation as a given in the Integrated ARTA Program. As such, the
challenge is not much about encouraging participation, but maximizing it and utilizing it for improvement of
public service delivery. On this framework, citizens experience the service provided by government offices.
Then, they provide feedback, and CSC gathers the feedback through RCS and CCB. We distill the numerous
customer feedback and data into usable information and create insight. CSC relays the feedback to the
concerned offices and provides assistance through the Service Delivery Excellence Program, for those failed
offices, or through the usual survey exit conferences. Government agencies then use the data to improve and
offer better customer service experience.
We wish to clarify that while it is the CSC that writes letter-reports on CCB complaints, publicizes
Report Cards, it is still the public that ultimately seeks accountability from government. Citizens themselves
provide information. They take time to call and write their complaints. They allow our researchers to interview
them to create office Report Cards. CSC only acts as a springboard for what the public thinks and feels of
government agencies. Our take away from this is that the public has grown to trust us with their precious
opinion. As such, we are very happy that government agencies have responded to our call for openness.
Some GOCCs have adopted the RCS in their performance commitments with the GCG. They acknowledged
that the RCS is a good tool to gauge their clients’ satisfaction level.
In a study conducted by the Ateneo School of Government, through the sponsorship of the USAID,
it was revealed that there are three government office improvements attributable to ARTA. These are the
employees’ behavioral change, physical improvements, and reduced red tape. According to the Ateneo study,
“Through ARTA-RCS results, service offices know if clients are satisfied with the services rendered to them
and what or where their weaknesses are in terms of service delivery. It keeps them on their toes; and they
do their best to comply with the posted standards and ensure fast delivery of service…” Further, in terms of
physical improvements, “Results of the ARTA-RCS serve as basis for the agencies to improve their facilities.
Needs of the service office are identified and improvements/changes are made—fast—making service offices
at par with private offices. The changes/improvements become one of the priorities of the agencies and
become included in their mid- year/term proposals.” Most importantly, as to red tape reduction, “Agencies also
find ARTA-RCS to be significant in curbing red tape as it helps promote transparency, and the agencies agree
that because of the posted Citizen’s Charter, employees become aware of their accountability to the public.
Work processes are followed, requirements for a certain service are clarified, and under-the-table transactions
are diminished. For the agencies, ARTA-RCS is also a way of reviewing the frontline service delivery, and
that is streamlining of documents and shortening the processing time.”
But even with these enhancements, following the ARTA mindset of continuous improvement, we can
certainly do more to overcome the challenges at hand. One challenge is the predominant institutional
approach in crafting and updating Citizen’s Charter.
As a study puts it, “Six years after the formulation and implementation of the Citizen’s Charter,
government agencies in the Philippines have yet to institutionalize citizen/ stakeholder involvement in the
entire Citizen’s Charter cycle. A study by Saguin of five selected LGUs in Metro Manila disclosed the “absence
of stakeholder involvement in the its formulation, … (which together with other issues) act as bottlenecks in
effectively driving improved transparency and citizen engagement as well as preventing corruption in
government service” (2012: 1). Yet, if a document like the Citizen’s Charter were to truly embody the demands
and interests of the citizens, they should be involved in its formulation, implementation, monitoring and update.
Their involvement is deemed necessary to improve the quality of frontline services and in turn, their level of
satisfaction.”
Through this initiative, we hope to collaborate with you to revisit, review and truly streamline our
frontline services. We hope to be strong partners in modelling and leading the pursuit of bottom-up,
participatory governance in the country.
In terms of the objectives of ARTA, the main goals include the simplification of public transactions;
elimination of Red Tape; elimination of fixing activities and professionalization of the delivery of frontline
services. In the excessive regulation to simplified transaction, ARTA requires all government offices to draw
up, post and implement a Citizen’s Charter which identifies the frontline services offered by a particular
agency, limit signatories in the evaluation of applications and other forms to a maximum of five signatures;
act on applications and requests not longer than five working days for simple transactions and not longer than
ten days for complex transactions.
Some of the salient feautures of ARTA are the Citizen’s Charter, Report Card Survey (RCS);
Accessing Frontline Services; Reengineering of Systems and Procedures; and Accountability of Heads of
Offices and Agencies and Disciplinary Action. Citizen’s Charter is an official document, a service standard, or
a pledge, that communicates, in simple terms, information on the services provided by the government to its
citizens. It describes the step-by-step procedure for availing a particular service, and the guaranteed
performance level that they may expect for that service. Report Card Survey is a mechanism designed to
monitor frontline service delivery by rating the performance of an agency and client satisfaction.
In terms of its implications, ARTA facilitates ease in doing business; it creates an atmosphere of
good local governance; it encourages citizen participation in the policy making processes through the Report
Card Survey (RCS) as a feedback mechanism; it facilitates efficiency, effectiveness and economy in the daily
operations of the bureaucracy; it upholds accountability, transparency and ethical conduct; it encourages
reforms in the processes, structures and mindsets; and it thwarts fixers, red tape, inefficiency and corruption.
CONCLUSION
Anti-Red Tape Act of 2007 is an innovative legislative initiative that promotes good governance. It
introduced a comprehensive host of mechanisms that provides a strategic method in improving the delivery
of frontline services without hidden costs and without delay in the processing of documents. Transacting
business in the public sector is no longer excruciating, high-priced and discriminating. However, there are still
areas that need to be strengthened. This act amounts to bureaucratic red tape, corruption, inefficiency and
unprofessionalism; and to the extent, it destroys the reputation of the entire government system that leads to
people’s disaffection toward its government which they call it as their own ally and protector
In carrying out disciplinary action, we should always build trust and maintain a professional manner by
keeping the disciplinary process confidential between you and the employee. Being in the position as the
department heads or supervisor, we should also make a careful diagnosis of the problem to determine whether
disciplinary action is appropriate. I also believed that we must provide specific examples of performance
discrepancies or work rule violations so the employee fully understands what needs correction. When taking
disciplinary action, make sure the punishment fits the misconduct and communicate clearly so the employee
understands the consequences if performance or conduct does not improve. We must also keep in mind that
discipline is supposed to be constructive. Your goal is to guide the employee to correct performance or
behavior, not to punish the employee. As a general rule, your action should be just enough to get the
employee's attention. However, you may have to take progressively more serious actions if there is no
improvement or if repeat occurrences follow. You need not take each of these actions, but you will normally
take more than one of them.
I want to end up this report with the justifications made by various scholars stating that the
effectiveness of oversight Agencies is hindered by political appointees, weak separation of powers including
check-and-balance mechanism, and weak protection of whistle-blowers. Philippines Anti-Corruption failures
are manifold and harder to point at, being a combination of political-economic and technical issues. The
country suffers from systemic corruption and state capture by political and business elites. This is translated
in a lack of political will and leadership towards a sustained Anti-Corruption drive, resulting in cynicism and
tokenism. Recently progress is made on issue as procurement, Anti-Corruption safeguards and watch dogs,
lacking behind are back-office issues as; information access, transparency in elections, juridical
accountability, (political) financing and budgeting, sustained by a weak implementation of the rule of law.
Transparency is not religiously observed particularly in government transactions. The public is
denied access to activities of government officials. The people are not informed, in detail, of the share of each
executive department, the legislature and the judiciary, in the national budget and how these departments
spend their financial requirements. Effective monitoring of government programs and projects as well as
expenditures are not being seriously undertaken by those tasked to monitor them. They are also vulnerable
to bribery and do not actually conduct thorough inspection but merely rely on information gathered.
In public administration, civil servants have a special responsibility because they are trusted with
managing resources on behalf of the community, delivering services to the community and taking decisions
that affect a citizen’s life. The civil servants have a pivotal role to ensure continuity and change in
administration. However, they are dictated by the rules and procedures which are formulated taking their
advice into account. It is the ‘rule of law’ rather than the ‘rule of man’ that is often blamed for widespread
abuse of power and corruption among government officials. The community, therefore, must be able to trust
the integrity of the civil service decision-making process. Civil executives are expected to uphold high
standards of professionalism, responsiveness and impartiality. Holders of public office are accountable for
their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to
their office. In short, accountability is intended to make public officials answerable for their behavior and
responsive to the entity from which they derive their authority. Accountability also indicate establishing criteria
to measure the performance of public officials, as well as oversight mechanisms to ensure that standards are
met.
Democratic governance operates within a framework of laws that sets the boundaries of government
action. Code of Ethics calls on public administrators to understand and apply laws and rules that affect their
personal traits, profession, organizational work to improve counterproductive laws and policies, establish
procedures for proper addressing social concerns, protect privileged information and promote constitutional
principles of due process, equality and fairness. One of the biggest challenges facing government agency
administrators involves establishing and maintaining standards for ethical behavior by employees. In an era
in which public distrust about government and public officials are at all-time highs, public administration ethics
serve as reminders that officials’ decisions and actions should be based on the principle of serving the public
rather than themselves.
The administrators of the public services should be more responsible, because their work has many
aspects, which can lead to the abuse of the public interest and to corruption. The way of bringing the public
administration must define objectivity, confidentiality, transparency, respect, responsibility, care and honesty.
In some cases, the political environment is really a determining factor that influences the understanding of
ethics in the public services, by providing a general picture for the public services. Various legislation and
regulations have played an important role and have influenced the behavior of the officials, when they should
make impartial decisions. The implementation of the code of ethics in public administration is considered
important. For some, the implementations of the code of ethics in the public administration is on a low level
because they think that the political changes are with a particular importance. The lack of specialized staff or
a special office for the prosecution of the ethical issues in the administration is not in accordance with the
Code of Good Practice. The key point for the improvement of ethical issues is the implementation of ethics
across the wide spectrum of local government, as well as the central criteria must be set to ensure the
continuation of the administration regardless of which political force comes to power. The public administration
must provide programs for the administrative ethics, which must help in forming new quality administrators.
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Diokno, Benjamin. 2000. "The Challenges of Embracing Good Governance in the Philippine Public Sector."
Speech delivered at the Pre-Consultative Group - Workshop on Economic and Corporate Governance,
Manila, June 5.
Hall, S. (2017). What are Public Administration Ethics. Retrieved from https://bizfluent.com/info-8014104-
public-administration-ethics.html
National Statistical Coordinating Board, Civil Service Commission Conducts Report Card Survey for Anti-Red
Tape Act (ARTA), NCSB PR-201003-PP1-02, Posted 19 April 2010 Philippine Business Registry,
http://business.gov.ph/web/guest;jsessionid=5cf97bace4538cf23513c
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World Bank (2001). Combating Corruption in the Philippines: An Update. Report No. 23687-PH