08/08/2018

This project is
co-funded by the
European Union

Local Government Integrity Circles (LoGIC) is a project co-funded by the European Union (EU) and
implemented by Konrad-Adenauer-Stiftung (KAS), the European Chamber of Commerce of the Philippines
(ECCP), Centrist Democratic Political Institute (CDPI), League of Cities of the Philippines (LCP),
League of Municipalities of the Philippines (LMP) and League of Provinces of the Philippines (LPP).

www.logic-philippines.com

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 08/08/2018

This project is
co-funded by the
European Union

Integrity and National

Laws
Cris Giangan

Integrity and its divergent use in the Philippine

legal framework
 The concept of integrity is more vague than clear cut since
people tend to define and use it differently
 The integrity legal framework consists of a series of laws,
rules, regulations and other resources that define
accountability, corruption, regulate anti-corruption
procedures and promote building integrity in the public sector
 BUT: Integrity is not well-defined by the national laws;
 What the national laws mostly focus on is defining and providing penalties for acts
of non-integrity; and
 Promoting accountability through streamlining government processes and services
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The 1987 constitution lays some of the

groundwork for integrity building
 Article 11, Accountability of Public Officers
 Public office as public trust
 “all public officers 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.”
 For conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust
 Will be removed from office by impeachment (for high officials of the land) or as
provided by law (for all other public officers and employees)

The code of conduct of public officials is

governed by Ra 6713
 An Act Establishing a Code of Conduct and Ethical Standards for
Public Officials and Employees, To Uphold the Time-Honored
Principle of Public Office being a Public Trust, Granting Incentives
and Rewards for Exemplary Service, Enumerating Prohibited Acts
and Transactions and Providing Penalties for Violators Thereof
and Other Purposes (1989)
 A code of conduct and ethical standards for public officials and
employees puts in place efforts in upholding integrity in public
office
 Includes norms of conduct that public officials and employees
are required to observe at all times and lists down the prohibited
acts and transactions of any public servant
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Several laws criminalizing acts of non-integrity

 Title 7 (Crimes Committed by Public Officers), Revised Penal Code (1930)
 RA 1379 (1955): An Act Declaring Forfeiture in Favor of the State Any
Property Found to have been Unlawfully Acquired by Any Public Officer or
Employee
 RA 3019 (1960): Anti-Graft and Corrupt Practices Act
 PD 46 (1972): Making It Punishable for Public Officials and Employees to
Receive, and for Private Persons to Give Gifts on any Occasion, including
Christmas
 PD 749 (1975): Granting Immunity from Prosecution to Givers of Bribes
and other Gifts and to their Accomplices in Bribery and other Graft Cases
Against Public Officers
 RA 7080 (1991): An Act Defining and Penalizing the Crime of Plunder

Several laws criminalizing acts of non-integrity

 RA 9160 (2001): An Act Defining the Crime of
Money Laundering, Providing Penalties Therefor
and For Other Purposes
 RA 10365 (2013): An Act Further Strengthening
the Anti-Money Laundering Law, Amending for
the Purpose Republic Act No. 9160, otherwise
known as the Anti-money Laundering Act of
2001”, as amended

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Title 7 (Crimes Committed by Public Officers),

Revised Penal Code (1930)
 Comprehensively defines bribery
 Provides a list of other corrupt practices such as
 Malversation and presumption of public funds and property
 Failure of accountable officer to render accounts
 Frauds and illegal exactions and transactions
 Taking advantage of one’s official position to facilitate prohibited transactions
 Removal, concealment or destruction of documents or papers officially entrusted to the
officer
 Usurpation of legislative powers
 Unlawful appointments

RA 1379 (1955)
 An Act Declaring Forfeiture in Favor of the
State Any Property Found to have been
Unlawfully Acquired by Any Public Officer or
Employee
 Defines what a public officer’s “legitimately
acquired property” is, as against what s/he
has “unlawfully acquired.”
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RA 3019 (1960)
 Anti-Graft and Corrupt Practices Act
 Using a public servant’s office for personal purposes or gains
 Governs the act of receiving a gift
“Receiving any gift” includes the act of accepting directly or indirectly a gift
from a person other than a member of the public officer’s immediate family,
in behalf of himself or of any member of his family or relative within the
fourth civil degree, either by consanguinity or affinity, even on the occasion
of a family celebration or national festivity like Christmas, if the value of the
gift is under the circumstances manifestly excessive.
 PD 46 (1972): Making It Punishable for Public Officials and Employees to
Receive, and for Private Persons to Give Gifts on any Occasion, including
Christmas

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PD 749 (1975)

 Granting Immunity from Prosecution to Givers of Bribes

and other Gifts and to their Accomplices in Bribery and
other Graft Cases Against Public Officers
 Protects the briber from prosecution should s/he decide to
be an informant or witness of the gift or bribe-giving
 BUT: does not prevent the denounced public servant and
his/her supposed accomplice for the act from taking action,
civil or criminal, against said informant or witness

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RA 7080 (1991)
 An Act Defining and Penalizing the Crime of Plunder
 Acquiring or amassing ill-gotten wealth through:
 Misappropriation, conversion, misuse, or malversation of public funds or raids on
the public treasury
 Receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks
or any other form of pecuniary benefit from any person and/or entity in
connection with any government contract or project
 Illegal or fraudulent conveyance or disposition of assets belonging to the National
Government
 Obtaining, receiving or accepting directly or indirectly any shares of stock, equity
or any other form of interest or participation
 Establishing agricultural, industrial or commercial monopolies or other
combinations and/or implementation of decrees and orders intended to benefit
particular persons or special interests
 Taking undue advantage of official position, authority, relationship, connection or
influence to unjustly enrich self or selves

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RA 9160 (2001)

 An Act Defining the Crime of Money Laundering, Providing

Penalties Therefor and For Other Purposes
 Defines money laundering as “a crime whereby the proceeds of
an unlawful activity are transacted, thereby making them appear
to have originated from legitimate sources.
 Unlawful activity includes, among others:
 Kidnapping for ransom
 Drug trafficking
 Ill-gotten wealth
 Plunder
 Robbery and extortion
 Illegal gambling
 Piracy on the high seas
 Qualified theft
 Swindling
 Smuggling

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RA 10365 (2013)
 An Act Further Strengthening the Anti-Money Laundering Law, Amending for the
Purpose Republic Act No. 9160, otherwise known as the Anti-money Laundering
Act of 2001”, as amended
 The following, among others were added to the list of ‘unlawful activity’:
 Terrorism and conspiracy to commit terrorism
 Financing of terrorism
 Bribery
 Frauds and illegal exactions and transactions
 Malversation of public funds and property

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Laws that streamline government processes

and services
 RA 9485 (2007): An Act to Improve Efficiency in the Delivery of Government
Service to the Public by Reducing Bureaucratic Red Tape, Preventing Graft and
Corruption, and Providing Penalties
 RA 9184 (2003): An Act Providing for the Modernization, Standardization and
Regulation of the Procurement Activities of the Government and For Other
Purposes
 RA 11032 (2017): An Act Promoting Ease of Doing Business and Efficient
Delivery of Government Services Amending for the Purpose Republic Act No.
9485, Otherwise Known as the Anti-Red Tape Act of 2007, and For Other
Purposes

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RA 9485 (2007)
 An Act to Improve Efficiency in the Delivery of
Government Service to the Public by Reducing
Bureaucratic Red Tape, Preventing Graft and
Corruption, and Providing Penalties
 Obliges all government offices and agencies including
LGUs and government-owned or –controlled
corporations (GOCCs) that provide frontline services to
simplify their procedures that will reduce red tape and
expedite their transactions

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RA 9184 (2003)
 The current legislative framework is contained in Republic Act (RA)
9184 or the Government Procurement Reform Act of 2003.
 Signed into law on January 10, 2003. The implementing rules and
regulations (IRR) were revised several times: October 8, 2003;
September 2, 2009; and, more recently, August 25, 2016.
 Governing principles of the law include the following:
 Transparency
 Competitiveness
 Streamlined procurement process
 Accountability, and
 Public monitoring

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RA 11032 (2017)
 An Act Promoting Ease of Doing Business and Efficient Delivery of Government Services
Amending for the Purpose Republic Act No. 9485, Otherwise Known as the Anti-Red
Tape Act of 2007, and For Other Purposes
 Attempts to enhance business competitiveness and good governance by simplifying
requirements and streamlining procedures
 Main features
 Standardization of the processing time for government transactions
 Limit to a maximum of three the number of signatories required in applications for licenses,
clearances, permits, certifications and authorizations
 Electronic signatures will also be recognized and a zero-contact policy will be implemented to
avoid improprieties
 local governments are also mandated to automate their business permit and licensing
systems, set up the one-stop business facilitation services and use online unified
business application forms

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Integrity and ethical leadership for development is not simply a

matter of defining and enforcing codes of conduct

• Instead, developmental integrity arises from the interaction of

(Grebe and Woermann, 2011):
 Individual integrity (i.e. the moral choices of individuals);
 Institutions of integrity (the moral ‘codes’ and norms of
behavior, including legal rules); and
 The integrity of institutions (institutions that are coherent,
perceived as legitimate and that effectively promote
development).

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Questions?

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DISCLAIMER
This presentation, or parts of it, may be reproduced provided that author and
source are quoted, and that such reproduction is for non-commercial use.

This presentation has been produced with the assistance of the European Union.
The contents of this presentation are the sole responsibility of the LoGIC Network
project implementers, and can in no way be taken to reflect the views of the
European Union. EU info: http://ec.europa.eu/world/

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