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Office of the President

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... PRESIDENT S POWER TO REMOVE INHERENT TO THE PRESIDENT S POWER TO APPOINT (Section 16, Article VII of the 1987 Philippine Constitution ) ... – PowerPoint PPT presentation

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Title: Office of the President


1
Office of the President
Presidential Anti-Graft Commission (PAGC)

RENEWED CAMPAIGN AGAINST CORRUPTION
CONSTANCIA P. DE GUZMAN, MNSA, Ph.DChairman,
Presidential Anti-Graft CommissionSeptember 21,
2004
2
Office of the President
Presidential Anti-Graft Commission (PAGC)

SCOPE OF PRESENTATION
Mandates Accomplishments Thrusts Plans
3
Office of the President
Presidential Anti-Graft Commission (PAGC)

BASIS for Creation
(Section 16, Article VII of the 1987 Philippine
Constitution )
THE PRESIDENTS POWER TO REMOVE INHERENT TO THE
PRESIDENTS POWER TO APPOINT
4
Office of the President
Presidential Anti-Graft Commission (PAGC)

ANTI-CORRUPTION LAWS AND/OR ISSUANCES UNDER
PAGCS JURISDICTION
  • R.A. 1379 - Forfeiture of ill-gotten wealth of
    public officers and employees (basis for
    lifestyle checks)
  • R.A. 3019 - Anti-graft and corrupt practices
    (e.g. Violation of rules/regulations
    Solicitation or receipt of gifts Conflict of
    interest)
  • 1987 Philippine Constitution - Accountability of
    Public Officials Article X1, Section 1
  • R.A. 6713 Code of conduct and ethical standards
    for public officials and employees

5
Office of the President
Presidential Anti-Graft Commission (PAGC)

ANTI-CORRUPTION LAWS AND/OR ISSUANCES UNDER
PAGCS JURISDICTION
  • P.D. 46 - Receiving gifts on any occasion,
    including Christmas is punishable
  • Title Seven, Book Two of the Revised Penal Code
    - Crimes committed by public officers
  • R.A. 7080 - Plunder (Definition and Penalty)
  • P.D. 1445 - Accounting and Auditing
    Requirements

6
Office of the President
Presidential Anti-Graft Commission (PAGC)

MANDATES
  • Investigate or hear administrative complaints
    or cases against presidential appointees
  • Investigate or hear administrative complaints or
    cases against non- presidential appointees in
    conspiracy or involved in presidential appointees
    alleged to have done irregular acts

7
Office of the President
Presidential Anti-Graft Commission (PAGC)

MANDATES
  • Submit recommendations to the Office of the
    President on the factual findings, legal
    conclusions and sanctions
  • Conduct studies on new measures to prevent or
    minimize opportunities for graft and corruption
    at all levels of the bureaucracy

8
Office of the President
Presidential Anti-Graft Commission (PAGC)

RESOURCES
18 Million
Operational Requirements
74 Personnel
9
Office of the President
Presidential Anti-Graft Commission (PAGC)

72.9
74 Personnel 18 Million
20
Investigators
7
54 are Filled-Up
Lawyers
10
Office of the President
Presidential Anti-Graft Commission (PAGC)

We have made lifestyle checks a lethal weapon

Our government earned considerable success in
the area of lifestyle checks which even the world
bank applauded as an effective tool in fighting
corruption.
PGMAs 2004 State of the Nation Address (SONA)
11
Office of the President
Presidential Anti-Graft Commission (PAGC)

LIFESTYLE CHECKS
The Transparency Groups (TG) Share
  • Benchmarking through Statement of Assets and
    Liabilities (SALs) of public officials
  • Investigation and filing of lifestyle check
    cases
  • Networking

12
Office of the President
Presidential Anti-Graft Commission (PAGC)

LIFESTYLE CHECKS
PAGCs Share
  • 175 Cases
  • Lifestyle check primer and Lifestyle checklist
    as blueprint

13
Office of the President
Presidential Anti-Graft Commission (PAGC)

LIFESTYLE CHECKS AND ANTI-GRAFT UNITS
DOF - Revenue Integrity Protection Service DAR -
Committee on Transparency DOH - Lifestyle Check
Group DPWH - Asset Consistency Check Team DENR
- Lifestyle Investigation Group DEPED OMBUDSMAN
14
Office of the President
Presidential Anti-Graft Commission (PAGC)

ACCOMPLISHMENTS
(other than investigation)
  • Formulation of a National Transparency and
    Accountability Program or Corruption Prevention
    Reform Program (CPRP)
  • Partnership with other anti-corruption agencies
  • Office Of The Ombudsman
  • Presidential Committee On Effective
    Governance (PCEG)
  • Transparency and Accountability Network
    (TAN)

15
Office of the President
Presidential Anti-Graft Commission (PAGC)

33 more Agencies in the CPRP
for the anti-corruption plan to be part of the
proposed National Anti-Corruption Agenda or NACA
DBM ATO PAG-IBIG LBP DND TESDA
DSWD DOE BID NEDA DA COA CHED
PWI DOF BOC DEPED DAR CSC DILG
PGEA DTI SSS DENR DOH NFA
DOTC BIR DBP DOLE DOJ
NLRC DPWH
16
Office of the President
Presidential Anti-Graft Commission (PAGC)

OBJECTIVES
  • Development of a culture of intolerance against
    corruption
  • Creation of an Environment with Corruption
    Safeguards

17
Office of the President
Presidential Anti-Graft Commission (PAGC)

AGENCY-BASED ANTI CORRUPTION PLAN
OUTPUT
BASED ON THE FRAMEWORK ON CORRUPTION
VULNERABILITY ASSESSMENT TEMPLATE BY DAP
18
Office of the President
Presidential Anti-Graft Commission (PAGC)

- INCOME-GENERATING
- PART OF THE BASIC SECTOR
Criteria
- INVOLVEMENT IN INFRASTRUCTURE DEVELOPMENT
10 Lead Agencies
BIR DPWH DEPED DENR DILG
NLRC DAR DOH BOC DOJ
19
Office of the President
Presidential Anti-Graft Commission (PAGC)

INTEGRITY DEVELOPMENT REVIEW (IDR)
  • Conduct of an Integrity Development Review
    (IDR), using DAPs template
  • Tool to prevent and control corruption through
    the conduct of a thorough diagnosis of corruption
    vulnerabilities
  • Gives the agencies road maps to progressively
    institute CPRP

20
Office of the President
Presidential Anti-Graft Commission (PAGC)

INTEGRITY DEVELOPMENT REVIEW (IDR)
  • Ombudsman, CSC and DepEd subjected to IDR for 3
    months
  • Networking with the Inter Agency Anti-Graft
    Coordinating Council (IAAGCC) (composed of COA,
    CSC, NBI, DOJ, OMB) and other groups
  • to address corruption.

21
Office of the President
Presidential Anti-Graft Commission (PAGC)

INFORMATION, EDUCATION, COMMUNICATION (IEC)
  • Initial publication on PAGC new rules of
    procedure
  • Primer on laws
  • Compilation of laws relating to graft and
    corruption

22
Office of the President
Presidential Anti-Graft Commission (PAGC)

INFORMATION, EDUCATION, COMMUNICATION (IEC)
  • Determination, preparation and the crafting of
    the Philippine position on the UN General
    Assembly Resolution 58/205

23
Office of the President
Presidential Anti-Graft Commission (PAGC)

ISSUES
The high risk of detection
Major Deterrent to Corruption

24
Office of the President
Presidential Anti-Graft Commission (PAGC)

ISSUES
But offenders believe misconduct will not be
known or even if discovered, they will not be
exposed to public censure and prosecution
25
Office of the President
Presidential Anti-Graft Commission (PAGC)

THE FIGHT AGAINST CORRUPTION IS A LONELY AND
DANGEROUS TASK
The new PAGC considers this as
  • challenges
  • and a source of fulfillment specially if
    producing positive results

26
Office of the President
Presidential Anti-Graft Commission (PAGC)

HOW?
MAKE CORRUPTION A HIGH RISK, LOW REWARD ACTIVITY
INSTEAD OF WHAT IT IS VIEWED AT THE MOMENT A
LOW RISK, HIGH REWARD THING
27
Office of the President
Presidential Anti-Graft Commission (PAGC)

THRUST OF THE NEW PAGC
  • Make it an efficient and effective arm of the
    President in the fight against corruption
  • Transforming PAGC into an ICAC type of
    institution

28
Office of the President
Presidential Anti-Graft Commission (PAGC)

PLANS
  • Professionalization/Strengthening of PAGC

Adoption of the 80/20 ratio of well-trained
investigators/staff who can stand up to the
challenge of highly paid lawyers of the offenders
Output
  • Increased no. of investigations on pursuable
    cases
  • Increased no. of punitive recommendations

Thorough Investigation Process Tight cases
against grafters and corrupt officials
29
Office of the President
Presidential Anti-Graft Commission (PAGC)

DOABLES
  • Team of investigators trained on evidence
    gathering, surveillance, investigation, report
    writing and conduct of lifestyle checks to
    tighten case against grafters
  • Intelligence Sharing
  • PAGC assets/agency

30
Office of the President
Presidential Anti-Graft Commission (PAGC)

LOGISTICAL REQUIREMENTS
  • Surveillance equipment
  • Reference materials
  • Vehicles
  • Other ICT equipment

31
Office of the President
Presidential Anti-Graft Commission (PAGC)

PLANS
Adoption of the 3-pronged strategy used by ICAC
  • Investigation
  • Education
  • Prevention

32
Office of the President
Presidential Anti-Graft Commission (PAGC)

PLANS
  • Investigation

Output
  • Reactive but necessary before enforcement
  • Findings as lessons to be used as deterrents

Measured in terms of improvement in case build up
33
Office of the President
Presidential Anti-Graft Commission (PAGC)

PLANS
  • Education

Output
  • Advocacy to promote zero-tolerance on corruption
  • Research and Development on best practices

Reduced tolerance for corruption
34
Office of the President
Presidential Anti-Graft Commission (PAGC)

HOW?
  • IEC
  • Tri-media
  • Academe
  • Business Sectors
  • Others
  • NGOs
  • Religious Groups

35
Office of the President
Presidential Anti-Graft Commission (PAGC)

HOW?
Link with the academe lectures for graduating
students on the dos and the donts for public
servants and the sanctions should they opt to do
the dont's
36
Office of the President
Presidential Anti-Graft Commission (PAGC)

HOW?
Visit government offices during flag raising
ceremonies to call on the public servants to
monitor compliance to laws on good governance,
ensure creation of internal audit service units
in every agency and compliance to the provisions
of the code of conduct for public servants
37
Office of the President
Presidential Anti-Graft Commission (PAGC)

HOW?
Assist the Business Sector in the promotion of
good corporate governance to address the supply
side of corruption
38
Office of the President
Presidential Anti-Graft Commission (PAGC)

HOW?
Secure Presidential certification of
anti-corruption bills as urgent
39
Office of the President
Presidential Anti-Graft Commission (PAGC)

PLANS
  • Prevention
  • Everyones task
  • Broadening alliances with other groups

40
Office of the President
Presidential Anti-Graft Commission (PAGC)

WHAT IS NEEDED?
  • Ensure compliance with Codes of Conduct
  • Enforcement
  • Prosecute violators

41
Office of the President
Presidential Anti-Graft Commission (PAGC)

HOW?
Pursue CPRP, conduct FGD and IDR, ensure the
establishment of an integrity team of 3 per
agency, composed of the head and two senior
officials.
42
Office of the President
Presidential Anti-Graft Commission (PAGC)

HOW?
Regular monitoring by the resident ombudsman,
other stakeholders, including PGEA, and the
general public through a communication plan
43
Office of the President
Presidential Anti-Graft Commission (PAGC)

HOW?
  • Regular assesmentment using DAPs success
    indicators
  • CSC to factor in ratings in the performance
    evaluation of the Integrity Team

44
Office of the President
Presidential Anti-Graft Commission (PAGC)

HOW?
  • IDR in 6 agencies
  • Additional 2 batches of 10 agencies per batch
  • Cover the 33 agencies within 6 years

45
Office of the President
Presidential Anti-Graft Commission (PAGC)

COMPONENTS OF THE NEW PAGCs THRUST
  • Establishment of ICT
  • Set-Up of an Internet Portal
  • Establishment of a Corruption-Complaints Call
    Center
  • Establishment of a Short Messaging System (SMS)

46
Office of the President
Presidential Anti-Graft Commission (PAGC)

Thank You and Good Day!
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