SIGMA GRINDSET - 1205

Croiyota Sigma

Ethics

Objectively, the moral principles that govern what is right and wrong, good or bad, and behavior.

➔ What ought to be done and what ought not to be done

Accountability

Objectively, taking responsibility and owning up to the consequences from your obligations and actions

Ethics and Accountability

__________ work hand-in-hand meaning that both are needed to ensure a better framework for good governance and to lessen corruption

Corruption

This is a failure of public ethics, and generally holds back growth and progress

abuse of entrusted power for private gain.(CPI)

Economic Growth

For developing countries, learning the right development lessons requires ensuring that gains from ________ do not shake themselves free of high ethical standards.

systemic failure

where institutional safeguards work in fits and turns and reforms may not be working.

This means that corruption is not isolated to only one part, but is embedded within every structure of the government

heritage of clientelism

institutions are vulnerable to political capture by predatory interests.

An inconsistently functioning legal system, weak accountability structures, and inadequate financial transparency

________ are just some of the flaws that negate the country’s attempts at institutional effectiveness and credibility.

➔ As a result, scattered initiatives, including those in fighting corruption, left to run their own course, often run aground

The Corruption Perception Index

an index that scores and ranks countries by their perceived levels of public sector corruption, as assessed by experts and business executives.

34/100 - 33/100, Rank 115

On CPI

The Philippines (2020 - 2024 )

Article II: Declaration of Principles and State Policies

Constitutional Basis for Ethics and Accountability

Article XI: Accountability of Public Officers

It establishes the Independent office of the Ombudsman who can recommend a case to the Sandiganbayan, a specialized court who hears cases of graft and corruption in the government.

◆ It also contains Impeachment Procedures

RA 6713 - Code of Conduct and Ethical Standards for Public Officials and Employees

Contains the standards which public employees must follow and contains penalties for its violation.

➔ Governs the rules and regulations that government officials and employees must follow.

Public Officials

includes elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel

Gift

refers to a thing or a right disposed of gratuitously, or any act or 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.

Divestment

is the transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his right or title to it in favor of a person.

Conflict of Interest

arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business

Relatives

refers to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity

Commitment to Public Interest
Professionalism
Justness and Sincerity
Political Neutrality
Nationalism and Patriotism
Responsiveness to the Public
Commitment to Democracy
Simple Living

RA 6713 SECTION 4.

‘Norms of Conduct of Public Officials and Employees’

Enumerate the Eight (8)

Civil Service Comission

The Norms of Conduct of Public Officials and Employees are enforced by the Constitutional office of the _______

Act promptly on letters and requests
Submit Annual Performance Reports
Process papers and documents expeditiously
Act immediately on the public’s personal transactions
Make documents accessible to the public

RA 6713 SECTION 5.

‘Duties of Public Officials and Employees’

Enumerate the five (5)

RA 6713 SECTION 6 - System of Incentives and Rewards

The government offers incentives and rewards to performing government officials and employees. This is based on the submission of Annual Performance Reports after the end of the year.

Ombudsman
Chairman of CSC
Chairman of COA
2 Government Employees appointed by the President as members

Committee on Awards to Outstanding Public Officials and Employees

Years of service
Quality and consistency of performance
Obscurity of the position
Level of salary
Unique and exemplary quality of a certain achievement
Risks or temptations inherent in the work

Conferment of awards shall take into account the following:

Bonuses
Citations
Directorships in Government Owned and Controlled Corporations
Local and Foreign scholarship grants
Paid Vacations

Incentives and rewards may take the form of the following;

Financial and material interest
Outside employment and other activities related thereto
Disclosure or/and misuse of confidential information
Solicitation or acceptance of gifts

RA 6713 SECTION 7.

‘Prohibited Acts and Transactions’

Enumerate the four (4)

Statement of Assets, Liabilities, Net Worth, and Financial and Business Interest

RA 6713 SECTION 8.

‘Statements and Disclosure’

The public has the right to know the following under oath.

These are used to identify unexplained wealth and potential conflicts of interest, which can raise eyebrows.

Serving in a honorary capacity
Laborers
Casual or Temporary Workers

EXEMPT FROM SALNs

Within 30 days of Assumption of Office, On or before April 30 every year thereafter, within 30 days of separation of office

SALN documents must be filed on:

President
Vice President
Cabinet Members
Philippine Congress
Supreme Court
Constitutional Commissions
Constitutional Offices
AFP officers with general or flag rank

OFFICIALS SALNs DISCLOSED PUBLICLY

RA 6713 SECTION 9 - Divestment

According to _____ of this Act, a public official or employee shall not have conflicts of interest.

➔ If it arises, he should resign from his position within 30 days from assumption and 60 days for his shareholdings or interest.

➔ Those who are exempted from this are the same as those exempted from filing SALNs and Financial Disclosure.

Impeachment

one of the methods in the constitution to remove an official from his position as high ranking officials are immune to criminal charges.

Sandiganbayan

The Ombudsman may file charges to a special court called the _____ which handles cases of Graft and Corruption or Municipal Trial Courts for other charges outside of the jurisdiction of _____

President
Vice President
Members of the Supreme Court
Members of the Constitutional Commissions
Ombudsman

OFFICIALS PRONE TO IMPEACHMENT

Culpable Violation of the Constitution
Treason
Bribery
High Crimes
Betrayal of Public Trust

ARTICLES OF IMPEACHMENT

Ombudsman

Known as the Tanodbayan in Filipino, the ______ is responsible for keeping government officials accountable.

Its office is created by the Constitution. Article 11 Section 5.

Ombudsman
Deputy Ombudsman
Deputy from LuzViMin and Military and Police

Composition of the ombudsman

True

True or False

The President appoints the Ombudsman and the deputies from the list of 6 nominees from the Judicial and Bar council. Three nominees for every vacancy of the position. No confirmation will be needed by the congress.

Investigate misconduct
Order Corrective Action
Recommend Penalties
Monitor Government Transactions
Request Assistance
Disclose Investigations
Fight Corruption
Set its own rules
Financial Independence

Powers, Functions, and Duties of the Ombudsman

Department of Interior and Local Government

To promote peace and order, ensure public safety and further strengthen local government capability aimed towards the effective delivery of the basic services to the citizenry.

DILG Bantay Korapsyon Program

is an anti-corruption initiative by the Department of the Interior and Local Government (DILG) aimed at promoting transparency, accountability, and good governance in local government units (LGUs).

Graft

acquisition of gain or advantage by dishonest, unfair or sordid means, especially through the abuse of his position or influence in politics, business, etc.

Corruption

the misuse of entrusted power for private benefit

Plunder

It is a crime committed by a public officer by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, by amassing, accumulating or acquiring ill-gotten wealth through a combination or series of overt acts in the aggregate amount or total value of at least P50 million.

Ill-Gotten Wealth

It is any asset, property, business enterprise or material possession of any person, acquired by a public officer directly or indirectly through dummies, nominees, agents, subordinates and/or business associates.

REPUBLIC ACT 7080 - THE ANTI-PLUNDER LAW

was enacted in the aftermath of the Marcos dictatorship, when then-president Ferdinand Marcos, his wife Imelda, and their cronies allegedly amassed ill-gotten wealth.

Benefit

right, privilege, entertainment, advantage, exemption or any other similar act of liberality in favour of another

Gift Registry

a record of gifts received by the NFA officials and employees.

It shall be maintained per department at the Central Office and in each Regional and Provincial Offices to record all gifts/benefits received by the NFA officials and employees.

Enhance efficiency and transparency in procurement process
Promote sustainability and innovation
Ensure value for money and accountability

Objectives of RA 12009

Fit-for-Purpose Modalities
Modernization of Processes
Enhanced Transparency and Accountability
Strategic Procurement Planning
Sustainable Public Procurement
Professionalization of Procurement Practitioners

Key Features of RA 12009

Government Procurement Policy Board (GPBB)

is responsible for policy formulation and implementation oversight.

Regular monitoring and evaluation mechanisms are established to ensure compliance and effectiveness.

Strategic Procurement Planning
Preparation of Bidding Documents
Advertisement / Posting
Procurement Modality Selection
Submission and Opening of Bids
Bid Evaluation and Post-Qualification
Contract Award and Approval
Contract Implementation and Monitoring
Procurement Performance Review

PROCUREMENT PROCESS UNDER RA 12009

There are nine (9) steps

Public Bidding (Competitive Selection)
Negotiated Procurement
Limited Source Bidding
Shopping / Direct Contracting
Framework Agreements
Community Participation
Use of Dynamic Purchasing Systems

Procurement Modality Selection

seven (7) methods

Lowest Calculated and Responsive Bid

LCRB

Highest Rated and Responsive Bid

HRRB

True

True or False

The award of a government procurement contract does not always go to the lowest bidder, but rather to the Bidder with the Lowest Calculated and Responsive Bid (LCRB) in competitive bidding.

Lowest Calculated Bid

This is the lowest price among the bids after preliminary evaluation.

Responsive Bid

The bid must meet all technical and legal requirements.

RA 7160 - Local Government Code of 1991

What is the Local Government Code of 1991

Full form

private sector

The participation of the _____ in local governance, particularly in the delivery of basic services, shall be encouraged to ensure the viability of local autonomy as an alternative strategy for sustainable development; and

Scope of Application

This Code shall apply to all provinces, cities, municipalities, Barangays, and other political subdivisions as may be created by law, and, to the extent herein provided, to officials, offices, or agencies of the national government.

Authority to Create Local Government Units

A local government unit may be created, divided, merged, abolished, or its boundaries substantially altered either by law enacted by Congress

Income
Population
Land Area

CREATION AND CONVERSION

Three (3)

Division and Merger

_____ of existing local government units shall comply with the same requirements herein prescribed for their creation.

Abolition of LGUs

A local government unit may be abolished when its income, population, or land area has been irreversibly reduced to less than the minimum standards prescribed for its creation under Book III of this Code.

Citizen of the Philippines
Registered in Barangay, Municipality, City, or Province
A resident for at least 1 year immediately preceding the day of the election
Able to read and write Filipino or any other local language or dialect

QUALIFICATIONS OF ELECTIVE OFFICIALS

Governor
Vice Governor
Member of the Sangguniang Panlalawigan
Mayor
Vice Mayor
Member of the Sangguniang Panlungsod - 23 years of age on election day

AGE REQUIREMENTS for ELECTIVE OFFICIALS IN LOCAL UNITS

Highly Urbanized Cities

Mayor or Vice-Mayor - 21 years of age on the election day

AGE REQUIREMENTS for ELECTIVE OFFICIALS IN LOCAL UNITS

Independent Component Cities, Component Cities, Municipalities

18 years of age on election day

AGE REQUIREMENTS for ELECTIVE OFFICIALS IN LOCAL UNITS

Member of the Sangguniang Panlungsod
Sangguniang bayan
Punong Baranggay
Member of the Sangguniang Barangay

15 years of age but not more than 21 years of age on election day

AGE REQUIREMENTS for ELECTIVE OFFICIALS IN LOCAL UNITS

Sangguniang Kabataan

Sentenced by final judgement involving moral turpitude
Removed from office as a result of an administrative case
Violation of oath of allegiance to the republic
Dual Citizenship
Fugitives here or abroad
Permanent Residents in a foreign country
Insane or Feeble Minded

DISQUALIFICATIONS (FOR RUNNING IN LGU)

governance
development

Good public administration or______ is a necessary ingredient for ______(De Leon, 1998).

decision-making

Governance is the process of _____and the process by which decisions are implemented (or not implemented).

Participation
Transparency
Consensus-Oriented
Effectiveness and Efficiency
Rule of Law
Responsiveness
Equity and Inclusiveness
Accountability

Indicators of Good Governance (UNESCAP)

There are eight (8)

Democratic, Republican
Presidential
Unitary (Highly Centralized)

THE PHILIPPINE GOVERNMENT

Before LGC (1991)

Democratic, Republican
Presidential
Unitary (Semi Unitary) - Decentralization, Devolution, Autonomy of LGUs

THE PHILIPPINE GOVERNMENT

With LGC

Democratic, Republican
Presidential
Federal (LGUs will become independent from the National Government)

THE PHILIPPINE GOVERNMENT

Proposed Charter Change (Cha-Cha)

Agriculture
Social Welfare
Infrastructure
Public Safety and Security
Health
Environment Protection
Housing and Urban Development
Education

8 KEY DEVOLVED SERVICES (RA 7160)

The Local Government Code

Provides the overarching framework of local governance in the Philippines.

➔ Laid the policy infrastructure for good governance at the local level.

➔ The Bible of Local Governance

Local Autonomy

refers to the degree of self-governance enjoyed by local government units (LGUs). It means that LGUs have the freedom to govern themselves within the bounds of the law and the national framework. This includes the power to create their own policies, manage their resources, and provide services to their constituents without undue interference from the national government.

Decentralization

is the transfer of powers, authority, and responsibilities from the national government to the local government units. It allows LGUs to perform certain governmental functions more efficiently and closer to the people. It promotes participatory governance and improves service delivery at the local level.

Devolution

is a form of decentralization where specific powers and responsibilities are permanently transferred from the national government to LGUs. These include the delivery of basic services such as health, agriculture, social welfare, and infrastructure development. It grants LGUs greater autonomy and accountability in managing their affairs.

Internal Revenue Allotment

IRA

Milestone Legislation of LGC

Radically transformed the nature of the Philippine politico-administrative system by shifting significant powers and functions to the thousands of local governments throughout the country through a comprehensive process of devolution.

Responsibilities formerly belonging to the national government were devolved to local governments.

These included the delivery of basic services such as health, agriculture, social services, and aspects of environmental management and infrastructure.

It likewise increased the financial resources to local governments by increasing their share from the internal revenue allotment (IRA).

The Code also laid the foundation for cooperation between civil society and local governments.

Finally, it encouraged the emergence of entrepreneurial local governments to cope with the increased demands upon them under a regime of local autonomy.

Best and Good Practices

These practices at the local level that somehow have demonstrated innovativeness, creativity and initiative at the local level with the general objective of doing things better, and if necessary, differently, towards better local governance.

SECTION 521 - Mandatory Review Every Five Years

Congress shall undertake a ______of this Code at least once every five years and as often as it may deem necessary, with the primary objective of providing a more responsive and accountable local government structure.

Public Administration

_____, as an administrative machinery, never loses its indispensability

Contemporary Civilization

_______ cannot function without Public Administration

Social Development

Measured in terms of equity, social justice, cultural promotion and peace of mind, and enhancement of people's capacity to develop their own potential (Buendia 1995: 247).

Justice
Sustainability
Inclusiveness

Three fundamental needs which have to be addressed by the process of social transformation:

Political Development

The overriding goal of this becomes the nurturing and sustenance of democracy where political freedoms, both in their procedural and substantive aspects, are respected and greater public participation in the mainstream of politics is assured. ➔ ______ can be taken to mean the level of political maturity on the part of the people and nations.

➔ For it to flourish, certain elements must come together. Among these are: people with a shared history, a common language, common racial background, religion and a feeling of oneness.

Need
Beneficiality
Practicability

Proposed Federal Form of Government

Barangay
Municipality
City
Province
Autonomous Regions

Local Government Units are the political subdivisions of the Philippines. The Code recognizes the following LGUs:

There are five (5)

Section 16 - General Welfare Clause

This clause empowers LGUs to exercise powers essential for the promotion of general welfare.

Local Legislation

Each LGU has its legislative body (Sangguniang Barangay, Bayan, Panlungsod, or Panlalawigan) that enacts ordinances and resolutions for local governance and development.

Punong Barangay
Mayor
Governor

Each LGU is headed by an elected official

Barangay - ?

Cities/Municipalities - ?

Provinces - ?

National Tax Allotment

NTA

Local Finance and Taxation

➔ Generate their own sources of revenue (local taxes, fees, and charges)

➔ Prepare and enact local budgets

➔ Receive a share from national taxes via the Internal Revenue Allotment (IRA) (now called National Tax Allotment or NTA under the Mandanas ruling).

Public Consultations
Local Special Bodies
NSO and CSO involvement

PEOPLE’S PARTICIPATION

The LGC encourages citizen participation in local governance through:

Crafting local development plans
Implementing development projects and programs
Using a bottom-up approach to planning

LOCAL DEVELOPMENT AND PLANNING

LGUs are tasked with: