MANILA, Philippines - The national president of the Sangguniang Kabataan (SK) Federation is facing graft charges before the
Office of the Ombudsman. Jane Censoria Cajes, exofficio commissioner of the National Youth Commission (NYC), is accused of engaging in multimillion-peso procurement of goods and services without any public bidding in violation of the Government Procurement Reform Act.
I am from the government and I am here to serve you
*To take home office supplies *To solicit from business establishment for a project
*While driving government vehicle, to give a ride to a friend who was going the same direction you were * To identify yourself na taga Gobyerno when apprehended by a traffic officer
To tell your constituents about an exciting case you are hearing To have coffee with a contractor To accept a bottle of wine To entertain one
* To make sexual advances
Bawal ba tumaggap ng regalo sa mga opsiyal ng gobyerno? Bawal ba mag-pautang sa boss? Bawal ba mag-beerhouse? Bawal ba magbenta ng ticket pangsimbahan? Bawal ba magrekomenda ng kamag-anak para magkatrabaho? Bawal ba magkaroon ng station 2? Bawal ba makipag-live-in? Bawal ba makapal na make-up? Bawal ba matulog ngayon dito?
Bata, Bata...Paano Ka Ginawa (1998)
"Akala mo lang wala.. pero meron!! meron!! meron!!"
Carlo Aquino
Main Topics
May nagbigay sa iyo ng pagkain na naglalakad ng papeles sa inyo, di maisoli, ano ang gagawin mo?
May nagbigay sa iyo ng pagkain na naglalakad ng permit sa barangay, di maisoli, ano ang gagawin mo?
Conflict of Interest: Illegal financial and material interest Violation of R.A. 3019
Paano Naman ako
Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office.
RA 3019 d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.
h) Directly or indirectly having financial or pecuniary interest in any transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.
i) Becoming interested for personal gain, or having material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such transaction or act even if he votes against the same or does not participate in the action of the board, committee, panel or group.
Conflict of interest
A public official or employee shall avoid conflicts of interest at all times.
When a conflict of interest arises, he shall resign from his position in any private business enterprise within 30 days from his assumption of office and/or divest himself of his shareholdings or interest within 60 days from such assumption.
Conflict of interest
1. When an official or employee is: a substantial stockholder; or a member of the Board of Director; or an officer of the corporation; or an owner or has substantial interest in a business; or a partner in a partnership; and 2. The interest of such corporation or business, or his rights or duties therein, are opposed to or affected by the faithful performance of official duty.
Solicitation or acceptance of gifts
Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.
For personal use To give unwarranted favors Violation of Anti-graft laws
RA 3019 b) Requesting or receiving any gift, present, share, percentage, or benefit in connection with any contract or transaction between the Government and any other party wherein the public officer in his official capacity has to intervene under the law.
c) Requesting or receiving any gift, present or other pecuniary or material benefit from any person for whom the public officer has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given.
Gift refers to a thing or a right disposed of gratuitously, or any act of liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee.
Receiving any gift
includes
the act of accepting directly or indirectly a gift from a person other than a member of his family or relative even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal or insignificant, or the gift is given in anticipation of, or in exchange for, a favor.
There is wrongful intention It is not a mere error in judgment There is transgression of established rules - Distinguished fromConduct Prejudicial to the Interest of the Service
RA 3019 a) Persuading, inducing or influencing another public officer to perform an act in violation of rules and regulations or an offense in connection with the official duty of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.
Dishonesty-
Intentional Violation of Truth; need not be performed in the performance of ones duties
Meron bang Grave Dishonesty? Or Gross Dishonesty?
j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, of a mere representative or dummy of one who is not so qualified or entitled.
RA 3019 g) Entering on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.
Republic Act 3019 (j)
1. Wrongfully approving or granting any license, permit, privilege 2. Knowingly
1990 to 1998 OMB filed 10,615 with the Sandiganbayan involving approximately P7.75 billion. Over 90 percent of the violations were for falsification of documents and misappropriation of funds. During 1998, 339 high-ranking officials had cases pending in the Sandiganbayan. Of the 339 officials, 49 percent were mayors of municipalities and 14 percent were bureau and regional directors
Oppression- Cruelty, unlawful exaction, domination, or excessive use of authority; violation of rights (liberty,property)- US vs. DEAVER 14 Fed Rep. 595-597 Oppression- the misdemeanor committed under color of his office, wrongfully inflicts upon any person any bodily harm, imprisonment, or other injury. 1 Russ. Crimes, 297; Steph. Dig. Crim. Law, 71
Sino ang una at huling BF ni Kris Aquino sa Showbiz
Negligencegross when the breach of duty is flagrant and palpable; utter disregard of consequences
f) Neglecting or refusing, after due demand or request, without sufficient justification to act within a reasonable time on any matter pending before him for the purpose of obtaining from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.
Little red tape and no corruption- LDL
Kapag Bulls eye Hanap na tayo ni Boss
PROFESSIONALISM (Integrity)
Business Vocation Profession
Not for charitable or public welfare purpose
Or without prior authority
Non-political Office
SEC. 3 (e) R.A. 3019
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. ([2005V919] BUENCAMINO CRUZ, Petitioner, versus THE HONORABLE SANDIGANBAYAN and THE PEOPLE OF THE PHILIPPINES, Respondents., G.R. No. 134493, 2005 Aug 16, 3rd Division)
Lending Money by a subordinate to a superi
Need Mula Bosing?
Kapos lang e
Political neutrality
Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference.
Common Administrative Offences
MISCONDUCT OPPRESSION DISHONESTY CONDUCT PREJUDICIAL NEGLECT IMMORALITY VIOLATION OF EXISTING RULES INSUBORDINATION AWOL
Common Administrative Offences
MISCONDUCT OPPRESSION DISHONESTY CONDUCT PREJUDICIAL NEGLECT IMMORALITY VIOLATION OF EXISTING RULES INSUBORDINATION AWOL
PRACTICAL PERSPECTIVE
CASES: ADMINISTRATIVE CRIMINAL CIVIL (Preventive Suspension) Forfeiture of Wealth Ostracism in the Society Unhappily and anxiously RICH Doomed to Damnation
Unexplained Wealth
February 25, 1986 R.A. 3019, 6770 vis--vis R.A. 1379 PCGG and OMB SOL Gen or OMB Perjury and Dishonesty Preventive Suspensions Technique: TOTAL DISCLOSURE
UNEXPLAINED WEALTH
Whenever any public officer or employee has acquired during his incumbency an amount of property which is manifestly out of proportion to his salary as such public officer or employee and to to his other lawful income and the income from legitimately acquired property, said property shall be presumed prima facie to have been unlawfully acquired. (Section 2) Republic Act 1379/ RA 3019
14 12 10 8 6 4 2 0
1994 1995 5
Net worth
3.5 3 2.5 2 1.5 1
Possible Income as Public Officer Increase in Networth Basic Salary
1996 6.7
1997 8
1998 8.3
1999 11.39
2000 12.6
0.5 0 95 96 97 98 99 2000
Networth (M) 4.3
Net Worth Increase (Million)
Ina Ka Ng Anak Mo (1979)
"Hayop... Hayuuup... Hayuuupppp!"
Nora Aunor
RA 7080: Any public officer who, by himself or in connivance with other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts in the aggregate amount or total value of at least Fifty Million Pesos (P50,000,000.00): reclusion perpetua to death.
Duties and Responsibilities of Public Officials and Employees
Period to Act on Transactions: Sec. 8, RA 9485 Ten (10) days for complex transactions Five (5) days for simple transactions May be extended under unusual circumstances Citizens Charter Liability of Superior
Duties and Responsibilities of Public Officials and Employees
Period to Act on Transactions: Sec. 8, RA 9485 Ten (10) days for complex transactions Five (5) days for simple transactions May be extended under unusual circumstances Citizens Charter Liability of Superior No Lunch Break
Palimos ng Pag-ibig (1985)
"Para kang karinderyang bukas sa lahat ng gustong kumain." Vilma Santos
Pasan Ko ang Daigdig (1987)
"Gutay-gutay na ang katawan nyo... pati na ang kaluluwa nyo!"
-
Sharon Cuneta
Acts or omissions no longer limited to the grounds enumerated in Section 1 under AO No. 7 Certificate of Non- forum shopping
Complaint is evaluated to determine whether the same maybe: a. Dismissed outright for any of the grounds under Section 20 of RA No. 6770 b. Referred to other disciplinary authorities under par. 2 Sec. 23, RA 6770 for the taking of appropriate administrative proceedings; or a. The subject of administrative adjudication by the OMB
Disclosure
is not about sex, It is about Power.
ROMA MAFFIA 1994
WorkWork-Related Sexual Harassment
* the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee, or * the acts would result in an intimidating, hostile, or offensive environment for the employee.
Yung CHICK na pareho mong kagawad,dine-date at naakap ni Kapitan
Di siya ummangal dahil mapropromote naman siya sigurado, may sexual harassment case ba dito ?
ELEMENTS
POWER SEXUAL FAVOR/ ACT result in an
intimidating, hostile, or offensive environment for the employee OR limiting, segregating or classifying the victim
discriminate, deprive or diminish employment opportunities or adversely affect said employee
Liability of employer
Sister Stella L. (1984)
"Kung hindi tayo kikilos sino ang kikilos? Kung hindi ngayon, kailan pa?"
Vilma Santos
We can, in retrospect, argue that Arias should have probed records, inspected documents, received procedures, and questioned persons. It is doubtful if any auditor for a fairly-sized office could personally do all these things in all vouchers presented for his signature. The Court would be asking for the impossible. All heads of offices have to rely to a reasonable extent on their subordinates and on the good faith of those who prepare bids, purchase supplies, or enter into negotiations. If a department secretary entertains important visitors, the auditor is not ordinarily expected to call the restaurant about the amount of the bill, question each guest whether he was present at the luncheon, inquire whether the correct amount of food was served, and otherwise personally look into the reimbursement vouchers accuracy, propriety, and sufficiency. There has to be some added reason why he should examine each voucher in such detail. Any executive head of even small government agencies or commissions can attest to the volume of papers that must be signed. There are hundreds of documents, letters, memoranda, vouchers, and supporting papers that routinely pass through his hands Buencamino Cruz vs. SB G.R. No. 134493 8-16-05 Victorino Tirol vs. SB
it is clear that a previous administrative misconduct committed by a public official (like the one under consideration) is removed by his re-election or election to office. And this is true whether he was previously holding an appointive or elective position.
Lizares vs. Hechanova, et al., 17 SCRA 58, dated May 17, 1996
it is clear that a previous administrative misconduct committed by a public official (like the one under consideration) is removed by his re-election or election to office. And this is true whether he was previously holding an appointive or elective position.
Lizares vs. Hechanova, et al., 17 SCRA 58, dated May 17, 1996
Fill in the Blanks: And Now ___ ____ is near
The Challenge is to Converge LETS ALL FIGHT CORRUPTION !
Sister Stella L. (1984)
"Kung hindi tayo kikilos sino ang kikilos? Kung hindi ngayon, kailan pa?"
Vilma Santos