Sk Accountability

8/6/2019 Sk Accountability

http://slidepdf.com/reader/full/sk-accountability 1/92







MANILA, Philippines - The

national president of theSangguniang Kabataan (SK)

Federation is facing graftcharges before the Office of the Ombudsman.Jane Censoria Cajes, ex-officio commissioner of theNational Youth Commission(NYC), is accused of

engaging in multimillion-pesoprocurement of goods andservices without any public

bidding in violation of theGovernment ProcurementReform Act.







I am from the government and I am here toserve you







*While drivinggovernment vehicle, to

give a ride to a friend

who was going the same

direction you were*To take

home officesupplies

* To identify

yourself na taga

Gobyerno when

apprehended by atraffic officer

To tell your

constituentsabout an

exciting case

you are

hearing

To have coffee

with a contractor

«

To accept a

bottle of wine

* To make sexual advancesTo entertain one

*To solicit

from business

establishment

for a project





" Akala mo lang wala..pero meron!! meron!!

meron!!"Carlo Aquino

Bata, Bata...Paano Ka Ginawa (1998)



Main Topics



May nagbigay sa iyo ng pagkain na

naglalakad ng papeles sa inyo, dimaisoli, ano ang gagawin mo?

D



May nagbigay sa iyo ng pagkain na

naglalakad ng permit sa barangay,di maisoli, ano ang gagawin mo?

D







Conflict of Interest:Conflict of Interest: Illegal financial and material interest Illegal financial and material interest

Violation of R.A. 3019 Violation of R.A. 3019

� Public officials and

employees shall not,

directly or indirectly,have any financial or

material interest in

any transaction

requiring the approval

of their office.

PaanoPaano

Naman akoNaman ako



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 shallresign from his position in any privatebusiness enterprise wit hin 30 days from his

assumption of office and/or divest himself of his shareholdings or interest wit hin 60days from such assumption.



Conflict of interest Conflict of interest

1. When an official or employee is: a substantial stockholder; or a member of t he Board of Director; or an officer of t he corporation; or an owner or has substantial interest in abusiness; or a partner in a partnership; and

2. The interest of suc

hcorporation orbusiness, or his rights or duties t herein,

are opposed to or affected by t he fait hfulperformance of official duty.



Solicitation or acceptance of giftsSolicitation or acceptance of gifts

Public officials and employeesshall not solicit or accept,directly or indirectly, any gift,

gratuity, favor, entertainment,loan or anyt hing of monetaryvalue from any person in t hecourse of t heir official dutiesor in connection wit h any

operation being regulated by,or any transaction which maybe affected by t he functionsof t heir office.



For personal use

To give unwarranted favors

Violation of Anti-graft laws



R A 3019 b) R equesting 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) R equesting 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 t hi ng or a

ri ght di sposed of grat uit ously, orany act of li beralit y, i n favor of

another who accept s it , and

shall i nclude a si mulat ed sale or

an ost ensi bly onerous

di spositi on thereof. It shall not

i nclude an unsoli cit ed gift of

nomi nal or i nsi gnifi cant valuenot gi ven i n anti ci pati on of , or i n

exchange f or, a f avor f rom a

publi c offi ci al or employee.



Receiving any gift inc ludes

the act of acc epting di rect ly or

in di rect ly a gift f rom a person

other than a member of hi s

fa mi ly or relativ e ev en on the

occa si on of a fa mi ly c elebrati on or nati ona l f estivity

li ke Chri st ma s, if the va lue of

the gift i s n either n omina l or

in significant , or the gift i s

giv en in antici pati on of , or in

exchang e f or, a fav or.



�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 performanceof one¶s 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 per cent of the violations were for falsification of documents and

misappr opr iation 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, unlawfulexaction, 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





Negligence-

gross when the

breach of duty is

flagrant and

palpable; utter

disregard of

consequences





f) Neglecting or refusing, after

due demand or request, without sufficient j ustification 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 Bull¶s eye

Hanap na tayo ni

Boss





PROFESSIONALISM

(Integrity)















BusinessVocation

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, includingthe 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 faithor 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 SANDIGANB AYAN and THE

PEOPLE OF THE PHILIPPINES, Respondents., G.R.



Lending Money by a subordinate to a supe

Need

Mula

Bosing?Kapos lang

e







Political neutralityPolitical neutrality

Public officials and employees shallprovide service to everyone wit hout unfair discrimination and regardlessof party affiliation or preference.





Common Administrative Offences

� MISCONDUCT

� OPPRESSION

� DISHONESTY

�CONDUCT PREJUDICIAL

� NEGLECT

� IMMORALITY

� VIOLATION OF EXISTING RULES

�INSU

BORDINATION

� AWOL



Common Administrative Offences

� MISCONDUCT

� OPPRESSION

� DISHONESTY

�CONDUCT PREJUDICIAL� NEGLECT

� IMMORALITY

� VIOLATION OF EXISTING RULES

�INSU

BORDINATION

� AWOL



PRACTICAL PERSPECTIVE

CASES:

ADMINISTRATIVE

CRIMINALCIVIL

(Preventive

Suspension)

Forfeiture of Wealth

Ostracism in the SocietyUnhappily and anxiously RICH

Doomed to Damnation



Unexplained Wealth� February 25, 1986

� R.A. 3019, 6770 vis-à-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 w hic h is manifestly out of

proportion to his salary as suc h public officer or employee and to to his ot her lawful

income and t he income from legitimately

acquired property, said property shall be

presumed prima facie to have beenunlawfully acquired. (Section 2)

Republic Act 1379/ RA 3019



Net worth

0

2

4

6

8

10

1214

Net Worth Increase (Million)

Networth (M) 4.3 5 6.7 8 8.3 11.39 12.6

1994 1995 1996 1997 1998 1999 2000

0

0.5

1

1.5

2

2.5

33.5

95 96 97 98 99 2000

Basic Salary

Possible

Income as

Public

Officer

Increase in

Networth



Ina Ka Ng Anak Mo (1979)

"Hayop...Hayuuup...

Hayuuupppp!" Nora Aunor





Duties and Responsibilities of

Public Officials and EmployeesPeriod to Act on Transactions:

Ten (10) days for complex transactions

Five (5) days for simple transactions May be extended under unusual circumstances

Citizen¶s Charter

Liability of Superior

Sec. 8, RA 9485



Duties and Responsibilities of

Public Officials and EmployeesPeriod to Act on Transactions:

Ten (10) days for complex transactions

Five (5) days for simple transactions May be extended under unusual circumstances

Citizen¶s Charter

Liability of Superior

No Lunch Break

Sec. 8, RA 9485



"Para kang karinderyang bukas

sa lahat ng gustong kumain."

P alimos ng P ag-ibig (1985)

Vilma Santos



P asan Ko ang Daigdig (1987)

"Gutay-gutay na ang katawan nyo...

pati na ang kaluluwa nyo!"

-

Shar on Cuneta





� Acts or omissions no longer limited to thegrounds 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 takingof appropriate administrative proceedings; or

a. The subject of administrative adjudication by

the OMB



ROMA MAFFIA

1994

³«is not about sex,

It is about Power.

Disclosure

W kW k R l t dR l t d



Work Work- - Related Related

Sexual Sexual

Ha r assment Ha r assment * 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

Y CHICK h



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 theemployee

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?"

Sister Stella L. (1984)

Vilma Santos



We can, in retrospect, argue that Arias should have probed records, inspected

documents, received procedures, and questioned persons. It is doubtful if anyauditor 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 voucher¶s 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 Cr uz vs. SB G.R. No. 134493 8-16-05

Victor ino Tir ol 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

ConvergeLET¶S ALL FIGHT

CORRUPTION !

Sister Stella L (1984)



"Kung hindi tayo kikilos sino ang

kikilos? Kung hindi ngayon, kailan pa?"

Sister Stella L. (1984)

Vilma Santos



Documents

Sk Accountability