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Public Service Ethics and Accountability

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Kruni Escudero

on 27 August 2016

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Transcript of Public Service Ethics and Accountability

Public Service Ethics and Accountability
Atty. Krunimar Antonio D. Escudero III
Course Overview
- seminar-workshop
- designed to deepen understanding of "Public office is public trust" and that
public servants
must at all times be accountable to the public.
- a major component of Public Service Values Program
Course Objectives
To gain public trust through ethical and accountable public service.
General objectives
Specific objectives
To perform and discharge duties with the highest degree of professionalism
To exemplify the norms of conduct and ethical behavior of public servants.
To empower participants to prevent, detect, and correct corruption.
Course Outline
Day 1
Day 2
Introduction

Ethics

Ethical Dilemma

Accountability

Corruption
Case Studies - discussion and presentation

Fighting Corruption

Action Plan
Introduction
Ethics
- moral principles which determine the rightness or wrongness of particular acts
- distinction between right and wrong, good and evil
- deciding what is RIGHT and doing it
Can Ethics be learned?
Ethics consists of knowing what we ought to do, and such knowledge can be taught.

- Socrates
Kohlberg's Stages of Moral Development
Preconventional Morality
Conventional Morality
Postconventional Morality
Level I (Preconventional)
- right or wrong notion is based on what authority figures say
- what results in rewards or punishments
Level II (Conventional)
- right and wrong are based on group loyalties
- right and wrong is defined in terms of what their families have taught them or what their friends think
Level III (Postconventional)
- stops defining right or wrong based on group loyalties, or what the society believes, or what laws require
- defines right and wrong from a universal point of view
Exercise I
Work ethics case studies
What do we see in the video clip?
Nick Laylor vs. The Marlboro Man

Sources of Ethics
1. Rules
2. Results
3. Relationships
Rules
We believe rules as coming by divine revelation
From authority of our community/government
Results
-utilitarian principle
-seeking the greatest good for the greatest number
-avoid causing harm to others
Relationships
-Confucius: Principle of reciprocity
-Jesus Christ's expression of LOVE
An Example (Ethics of driving)
When driving, we ought not to cause hurt to others - a matter of RELATIONSHIPS.
As a society, we judge how drivers drive, assessing the RESULTS of how people drive
We agree as a society on RULES that make accidents less likely
Ethical Dilemma
- What one experiences when making a tough choice between "Right vs Right"
- involves two equally important values
- Truth or Loyalty
- Self or Community
- Short term or Long term
- Justice or Mercy
Ethical Dilemma at Work
- Hiring and Promotion

- Reorganization and restructuring

- Performance Management

- Dealing with the public or stakeholders

- Managing your own career and dealing with power play in the organization
Train Dilemma
Five children are playing near two railway tracks, one still in use while the other disused. Only one child is playing on the disused track, the rest on the operational track. A passenger train is fast approaching and you are just beside the track interchange. You could make the track change its course to the disused track and save most of the kids. However, that would also mean that the lone child playing by the disused track would be sacrificed.
Analyze.Think.Reflect. What would you do?
Exercise II
Ethical Dilemma at Work
Accountability
Accountability
- to act responsibly and report
- to act and give account
- more than acting responsibly
We are accountable:
- for the results or outcomes of our actions

- for the professional standards of our work

- for the effective use of resources
We are not only accountable to those who give us commands, we are also accountable to OTHERS
As a Public Servant, to whom are you accountable?
Accountability Mechanisms
- Line Management

- Audit Bodies (COA)

- Ombudsman

Special Anti-corruption agencies (Task Forces)
Realities
Price to pay for increased accountability:

- time consuming

- more work, more pressure
Ways of Exacting Accountability
Process flow
Service standards
Public visibility of standards
Random audit sampling
Surveys, public opinions
Ways to Improve Transparency
A notice on the office wall may tell clients how to get information, and how best to get the service they require.
The notice may tell them what service they would expect, and what service standards have been set.
Staff should wear name badges.
Corruption
Anti-Corruption Laws in the Philippines
R.A. 3019
R.A. 6713
Revised Penal Code
R.A. 7080
R.A. 9485
"Corruption is an act done with an intent to give some advantage inconsistent with official duty and the rights of others. It includes bribery, but it is more comprehensive, because an act may be corruptly done though the advantage to be delivered from it be not offered by another."
Magallanes vs. Provincial Board, 66 O.G. 7839
"Enhanced Code of Conduct and Ethical Standards for Public Servants."
SB 2311 and HB 4783
(b) “Corruption” is understood as the use of public office for personal gains which include but is not limited to bribery, extortion, fraud, embezzlement, nepotism, cronyism, appropriations of public assets and properties for private use and influence peddling.
Corruption Perception Index in the ASEAN
SOURCE: Transparency International
Causes of Corruption
- Poverty

- Relationships

- Scarcity

- Monopolies

- Opportunities
the poorly educated are easily cheated
familial loyalty
disaffection
protectionism
officials create shortages to get bigger bribes
corner resources, reduce supplies
lack of accountability, transparency
Consequences of Corruption
Corrupt Acts
- reduce revenues

- increase costs

- distort policies

- discourage investment

- demotivate managers
Corruption makes Society UNECONOMIC
Corruption makes Society UNFAIR
Corruption makes Society UNSAFE
Corruption makes Society UNECONOMIC
Corruption makes Society UNFAIR
Corruption
- hurts ethnic and political minorities
- denies the poor their share
- increases poverty
favoritism for appointments, benefits
avoidance of rules for equity
they cannot afford bribes
"relief" diverted to the rich
Corruption makes Society UNSAFE
- puts the environment at risk
- increases risks to individuals
- increases crime, drugs, terrorism
ineffective regulations, incompetent management
unsafe food, medicines, workplaces
when police, prosecutors, judges take bribes
Fighting Corruption
1. Use Codes of Conduct
2. Reduce the opportunity for corruption
3. Reduce the benefits of corruption
4. Increase detection and punish
Costs of Corruption
In 1997, the country lost $48 billion due to corruption. Foreign debt: $40.6 billion. (ADB, 1997)
Corruption is one of the cited reasons by World Bank why the country continuously experience minimal inflow of FDI. (World Bank, 2013)
2010 estimates: $57 billion
- 523, 000 classrooms
- 1M new homes
- rehab of 5.5 million hectares of farmlands
- 94,000 life support ambulances
- 12,500 firetrucks
- 17M school computers
- 50M scholarship programs
(http://www.transparencyreporting.net)
Use Codes of Conduct
Reduce the opportunity for corruption
Reduce the benefits of corruption
Increase detection and punish
R.A. 6713 - February 20, 1989
Public servants must know the code
Does the public know the code?
We need to use the codes we have.
Corruption equation:

C = M + D - A
C - Corruption

M - Monopoly

D - Discretion

A - Accountability
breeding ground for corruption; manipulate need, create delays (decrease)
allows officials to demand bribes (decrease)
require officials to act, report, and explain action (increase)
Require a declaration of assets
Require an explanation of how assets were acquired. (Hong Kong experience)
Check lifestyle and require an explanation. (Italy)
Monitor communications
Introduce integrity tests
Arrange stings
telephone, emails, computer hard drives (Pollo vs. David)
What is your policy on this?
ensure efficacy of entrapment; get cooperation of police, senior officials, political leaders
Publish detection (start with the "big fish")
artificial situations replicating day to day transactions; create opportunity to commit misconduct
It is the CHOICES that make us who we are. And we can always choose to do what is RIGHT.
- Peter Parker, Spider-man 3
When an officer or employee is disciplined, the object is the improvement of the public service and the preservation of the public’s faith and confidence in the government. (CSC v. Cortez, 430 SCRA 593 citing Bautista v. Negado, 108 Phil 283, 289 )
- SOME people stay at this level all of their lives
Child
Adolescents
- MANY people remain at this level
- take everyone's interest into account
The Sandwich Thief, T-Swizzle, and the HR
Video Clip
Possible Corrupt Practices of a Public Servant
disregard of the law
dishonesty
conflict of interest
engaging in unethical behavior
unfairness to employees
inefficiency
laziness
What is regarded as one of the most common forms of corruption in the country?
Answer: Bribery
Accountability Illustrations
Ethical Decision-Making
be aware
allocate responsibility
gather facts
test for wrongdoing
-legal test
-stink test
-front-page test
-mum test
determine paradigms
resolve
trilemma
decide
reflect
Full transcript