Introduction to the Report
Corruption and Development in the Philippines?
Rationale of Whistleblowing Against Corruption
Rationale of Legislative Proposal to Encourage Whistleblowing
Review of Literature on Whistleblowing
Whistleblowing Practices Across Selected Countries
Diagnosis of Whistleblowing in the Philippines
Key Features of Pending Bills on Whistleblowing in the Philippines
Whistleblowing Policy and Implementation Package
Towards a Positive Whistleblowing Culture Against Corruption
Documentation Reports with Key Imformants
Detailed Responses to Interview Questions
Preceedings of the Whistleblowing Policy Planning Workshop
Keynote Address on Justice Feliciano
Stakeholders' Awareness, Attitudes and Concerns Regarding Whistleblowing
Aha! the Whistleblowers and Tipsters' Project
Spirituality of Whistleblowing
PLDT Groups Extended Whistleblowing Policy
Comparative Analysis of Whistleblowing Policies in other Countries
The Proposed Whistleblower's Protection Act
Highlights of the Whistleblowing Policy Planning Workshop
Whistleblowing as an Anti-Corruption Tool
Essential Elements of Whistleblowing Policy
Highlights of the Videoconference
Corruption and development in the Philippines
Corruption can be defined as the abuse of public power for private gain. Based on this definition, corruption occurs when a public official or employee uses his or her power to solicit or extort bribes. This is only one side of corruption, however. The other side features private persons, bribing and influencing public officials to gain an undue competitive advantage or secure a profitable government contract, for example.
Corruption acts as a strong disincentive for investments. It has emerged as a major bottleneck to economic growth and development because it discourages investors from actively pursuing plans of putting up new businesses in the country. It also discourages existing investors from pushing through with their expansion plans because of the political and regulatory uncertainties that corruption creates.
The adverse effects of corruption manifest in lower levels of human development. Figure 1 shows that countries that succeeded in controlling corruption have higher levels of human development compared to countries that are unable to do so.
In the Philippine context, many business managers surveyed by the country's top polling firm, Social Weather Stations, say that corruption is wrong because it "hurts national development". The cost of failure to win the battle against corruption translates into lost opportunities for job creation and poverty reduction.
Table 1
Reason why corruption is wrong?
(% of respondents saying)
|
Reason
|
Total
|
Manila
|
Cebu
|
Davao
|
|
It
hurts national development
|
100%
|
52%
|
61%
|
74%
|
|
It
is immoral
|
41
|
47
|
33
|
18
|
|
Both
|
3
|
1
|
6
|
8
|
Source: 4th Enterprise Survey on Corruption (Nov.3, 2003-January 2004) conducted jointly by the Social Weather Stations and the Transparent and Accountable Governance (TAG) Project funded by United States Agency for International Development
Figure 1
The relationship between corruption and human development
|
Country
quartiles based on eight-year average CPI
(n=72
countries)
|
Average
CPI
(1998-2005)
|
Average
Human Development Index for 2005
|
|
First
|
8.710
|
0.941
|
|
Second
|
5.680
|
0.830
|
|
Third
|
3.610
|
0.728
|
|
Fourth
|
2.410
|
0.640
|
Sources of basic data: Transparency International annual reports; United Nations
Development Program's Human Development Report 2005
cross-country survey of more than 700 firms conducted jointly by the Asian Development Bank (ADB) and the World Bank between 2003 and 2004 identified macroeconomic instability and corruption as top two obstacles to economic growth in the Philippines.1 The 2005 Competitiveness Rankings of 61 economies prepared by the Institute for Management Development (IMD) showed that one major reason for the decline in the country's competitiveness is the perception of widespread bribery and corruption existing in the economy.2 Along with regulatory uncertainty, corruption contributes largely to the deterioration of the environment for doing business in the Philippines.
Table 2 reveals the worsening perception of corruption in the country since 1998 based on the Corruption Perceptions Index (CPI) published by Transparency International, a non-government organization devoted to fighting corruption. CPI declines for the Philippines confirm findings in other studies showing how the Philippines has failed to win the campaign to reduce corruption.
Table 2
Perceptions on corruption in the Philippines since 1998
|
|
1998
|
1999
|
2000
|
2001
|
2002
|
2003
|
2004
|
2005
|
|
Philippines
|
3.30
|
3.60
|
2.80
|
2.90
|
2.60
|
2.50
|
2.60
|
2.50
|
|
Top
10 (benchmarks)
|
|
Finland
|
9.60
|
9.80
|
10.00
|
9.80
|
9.70
|
9.70
|
9.70
|
9.60
|
|
Denmark
|
10.00
|
10.00
|
9.80
|
9.50
|
9.50
|
9.60
|
9.50
|
9.50
|
|
New
Zealand
|
9.40
|
9.40
|
9.40
|
9.40
|
9.50
|
9.50
|
9.60
|
9.60
|
|
Iceland
|
9.30
|
9.20
|
9.10
|
9.20
|
9.40
|
9.60
|
9.50
|
9.70
|
|
Sweden
|
9.50
|
9.40
|
9.40
|
9.00
|
9.30
|
9.30
|
9.20
|
9.20
|
|
Singapore
|
9.10
|
9.10
|
9.10
|
9.20
|
9.30
|
9.40
|
9.30
|
9.40
|
|
Canada
|
9.20
|
9.20
|
9.20
|
8.90
|
9.00
|
8.70
|
8.50
|
8.40
|
|
Netherlands
|
9.10
|
9.00
|
8.90
|
8.80
|
9.00
|
8.90
|
8.70
|
8.60
|
|
Norway
|
9.00
|
8.90
|
9.10
|
8.60
|
8.50
|
8.80
|
8.90
|
8.90
|
|
Switzerland
|
8.90
|
8.90
|
8.60
|
8.40
|
8.50
|
8.80
|
9.10
|
9.10
|
|
Other
Asian countries
|
|
Hong
Kong
|
7.80
|
7.70
|
7.70
|
7.90
|
8.20
|
8.00
|
8.00
|
8.30
|
|
Japan
|
5.80
|
6.00
|
6.40
|
7.10
|
7.10
|
7.00
|
6.90
|
7.30
|
|
Taiwan
|
5.30
|
5.60
|
5.50
|
5.90
|
5.60
|
5.70
|
5.60
|
5.90
|
|
Malaysia
|
5.30
|
5.10
|
4.80
|
5.00
|
4.90
|
5.20
|
5.00
|
5.10
|
|
South
Korea
|
4.20
|
3.80
|
4.00
|
4.20
|
4.50
|
4.30
|
4.50
|
5.00
|
|
China
|
3.50
|
3.40
|
3.10
|
3.50
|
3.50
|
3.40
|
3.40
|
3.20
|
|
Thailand
|
3.00
|
3.20
|
3.20
|
3.20
|
3.20
|
3.30
|
3.60
|
3.80
|
|
Vietnam
|
2.50
|
2.60
|
2.50
|
2.60
|
2.40
|
2.40
|
2.60
|
2.60
|
|
Indonesia
|
2.00
|
1.70
|
1.70
|
1.90
|
1.90
|
1.90
|
2.00
|
2.20
|
Source: Transparency International (TI) annual reports. A CPI of 10 means a country is the least corrupt; 1.0 the
most corrupt.
The country's performance in fighting corruption leaves so much to be desired. Its CPI of 2.50 is very far from the 9.40 CPI of Singapore, a much successful Asian neighbor. CPI data of the Top 10 countries show that much remains to be done in the country's anti-corruption campaign. Large gaps between the CPI of the Top 10 countries and the Philippines would justify the adoption and implementation of stronger and more effective measures to fight corruption.
1.1.1 The dynamics of corruption in the Philippines
Frameworks for analyzing corruption. Corruption has been analyzed using different models. One of the models often used to analyze corruption is the principal-agent model, which views corruption as a moral hazard problem arising from an information asymmetry between the principal and the agent (Rose-Ackerman, 1999). The principal can be the government or the board of directors, and the agent can be the public servant or the manager or employee of a private firm. The moral hazard problem arises from the fact that the principal cannot perfectly monitor the agent. Thus, the latter has some discretion over his actions, which he may use to pursue his own interests at the expense of the former.
Another popular approach views corruption as a collusive act requiring the participation of two willing partners (e.g. the briber and the recipient of bribe). An agent intending to engage in corruption must look for a willing partner. This search for a corrupt partner is not without costs. There is the danger that one's intention to commit corruption can be exposed and be penalized, when one approaches an "unsuitable" individual that is not willing to be a partner in crime. The more corrupt individuals, therefore, in the economy, the easier and the less costly it is to find a corrupt partner (Bose and Nabin, 2004). This partly explains differences in the incidence of corruption across different countries.
An institutional perspective views corruption as a result of wide authority, little accountability and perverse incentives of public officials and employees. According to this view, opportunities for corruption rise with the number of activities that public officials are allowed to control or regulate. Further, corruption proliferates in an environment characterized by "little accountability" wherein the "probability of detection and punishment of corrupt practices is low". Low salaries and rewards for performance, the lack of professionalism in public service, and other perverse incentives encourage more self-serving behavior to the detriment of the public interest.
Public sector corruption. Public sector corruption in the country is prevalent, according to 66 percent of business managers of large, medium, and small enterprises surveyed by SWS in 2005.2 Table 3 shows that not much has changed in state of public sector corruption since 2001. In fact, according to the SWS survey, there is still a "very high, and non-diminishing, degree of corruption in the public sector".
Table 3
Public sector corruption in the Philippines
|
|
2001
(NCR)
|
2002
(NCR)
|
2003
(NCR)
|
2004
(NCR, Cebu, Davao)
|
2005
(Cavite, Laguna, Batangas, Cagayan de Oro City, Iligan City)
|
|
A
lot
|
63%
|
77%
|
60%
|
66%
|
66%
|
|
Some
|
25
|
19
|
29
|
26
|
28
|
|
A
little
|
10
|
4
|
10
|
6
|
5
|
|
None
|
2
|
0
|
1
|
2
|
1
|
Source: Social Weather Stations. 2005 Enterprise Survey on Corruption
Corruption is widespread among people occupying higher public positions. Data from a 1999 survey done by the Social Weather Stations generally support the assertion that power corrupts, and that corruption is usually concentrated in people who possess wider powers in their respective organizations. In the Philippine public sector, for example, corruption would normally be committed by people who are occupying higher-level positions. In organizational contexts, powerful people are exposed to many opportunities for using the power entrusted to them by the public or by their respective organizations to advance their self-interests. With no mechanism to check the exercise of power entrusted to them, powerful would likely be corrupted, to the detriment of the public or organizational interests. Enhancing individual and organizational transparency would help temper these abuses of entrusted power.
Table 4
The relationship between level of position and corruption
|
Agency
|
Lower level
positions
|
Middle
level positions
|
High
level positions
|
|
Department
of Public Works & Highways
|
26%
|
33%
|
72%
|
|
Philippine
National Police
|
45
|
66
|
64
|
|
Bureau of
Internal Revenue
|
33
|
44
|
77
|
|
Bureau of
Customs
|
34
|
50
|
64
|
|
Department
of Education
|
15
|
50
|
84
|
|
Land
Transportation Office
|
46
|
57
|
37
|
|
Department
of Environment & Natural Resources
|
18
|
35
|
73
|
|
Department
of Interior and Local Government
|
27
|
27
|
73
|
|
Department
of Health
|
45
|
31
|
89
|
|
Municipal
government
|
73
|
35
|
46
|
Source: Social Weather Stations 1999. The percentages report the views of survey respondents who
considered a government agency as corrupt and where corruption usually takes place in this agency.
Corruption can be learned and nurtured in the workplace. An individual will become more corrupt if he/she continues to work in an organization that tolerates questionable practices. Corruption, according to 71 percent of business managers surveyed by SWS in 2004, is "imbibed in the workplace than during childhood (see Table 5). In a corrupt organizational cultures, workers become corrupt through time. To check corruption in many organizations, there is a need to implement programs to enhance organizational transparency and, at the same time, revive positive values against certain questionable individual and organizational practices.
Table 5
The influence of the workplace on corruption
% of respondents saying
|
|
Total
|
NCR
|
Cebu
|
Davao
|
|
During
working life
|
71%
|
72%
|
64%
|
70%
|
|
During
childhood
|
28
|
27
|
32
|
28
|
|
Both
|
1
|
0.6
|
3
|
2
|
Source: Social Weather Stations
Corruption thrives in an environment that lacks people who challenge, and do something to stop a, wrongdoing. One of the main reasons why corruption is very difficult to eliminate is that only a few companies or individuals complain publicly about it. In fact, 95% of business managers surveyed by SWS in 2004 said that they would rather stay quiet than complain when somebody asks for bribes to facilitate a government transaction.
Corruption becomes more widespread when government lacks sincerity to act on reported corruption. The perception that nothing would be done about a complaint of wrongdoing discourages the reporting of corrupt practices (see Table 6). This is true in the public as well as in the private sector.
Corruption perpetuates in a culture that has high tolerance of wrongdoing. It is quite disturbing that a substantial number of people would consider it as a standard practice not report actual attempts by public officials to solicit bribes. Corruption spreads when people continue to tolerate questionable practices and do not report it.
Table 6
Reasons for not reporting corrupt practices
(solicitation of bribes in relation to taxes and licenses)
|
|
Total
|
NCR
|
Cebu
|
Davao
|
|
Nothing
would be done anyway
|
40%
|
40%
|
44%
|
33%
|
|
It
is standard practice not to report the incident
|
31
|
30
|
35
|
29
|
|
Cannot
prove anything
|
27
|
29
|
24
|
16
|
|
Afraid
of reprisal
|
24
|
24
|
23
|
24
|
|
It
is too small to bother
|
21
|
19
|
23
|
31
|
|
Do
not know how or whom to report
|
12
|
13
|
13
|
7
|
|
Will
spend much
|
12
|
11
|
21
|
13
|
|
Do
not want to betray anyone
|
6
|
5
|
5
|
11
|
|
It
is embarrassing
|
4
|
3
|
8
|
4
|
Source: Social Weather Stations
The widespread perception that nothing would be done about a complaint regarding solicitation of bribes tallies with the perceptions that many government agencies are not sincere enough in terminating corrupt practices. In the 2005 SWS survey on corruption, majority of government agencies registered declines in sincerity in fighting corruption. This trend has adverse implications on the government's anti-corruption campaign.
Despite this dominant trend, however, some agencies posted improvements in sincerity in fighting corruption. These seven agencies include the Securities and Exchange Commission, the Office of the Ombudsman, the Commission on Audit, City/Municipal Government, the Department of Justice, the Presidential Commission on Good Government and the Trial Courts.
Lack of transparency and accountability a dominant cause of widespread corruption. Corruption remains a high-reward, low-risk activity in the public sector. It is not easy to detect because its key participants have an interest to hide the corrupt practice. The "good governance" principle of transparency can be enforced by encouraging organizational insiders to report questionable activities.
In the Department of Public Works and Highways (DPWH), for example, one the top five most corrupt agencies in the national government, the dominant forms of corruption occur because of the absence of mechanisms to enhance the transparency of individual and organizational transactions. Many of the observed forms of corruption such as 1) diverting money away from projects, 2) asking for bribes, 3) lack of transparency in bidding, 4) overpricing, 5) doing substandard projects, and 6) no monitoring of projects can be cured with enforceable mechanisms of enhancing transparency in organizations.2
In the Bureau of Internal Revenue, the dominant forms of corruption include connivance in tax evasion and not collecting the right amount of taxes. General bribery and tariff evasion are the most dominant forms of corruption in the Bureau of Customs. These forms of corruption can be prevented if there are mechanisms to enforce transparency in individual and organizational transactions.
The private sector's ability to control corruption within its ranks contributes to worsening corruption. The private sector's performance in eradicating corruption is not a bright spot in the anti-corruption campaign. In the SWS 2005 Enterprise Survey on Corruption, 54 percent of enterprise managers said that "most/almost all companies" practice bribery in order to secure public sector contracts. The anti-corruption campaign must reduce the supply of bribes coming from the private sector in order to reduce corruption.
Table 7
Bribery by private companies to win public sector contracts
|
How
many companies give bribes to win public sector contracts?
|
2001
(NCR)
|
2002
(NCR)
|
2003
(NCR)
|
2004
(NCR,
Cebu, Davao)
|
2005
(NCR,
Cebu, Davao, Cagayan de Oro, Iligan City
|
|
Almost
all companies
|
23%
|
15%
|
22%
|
23%
|
21%
|
|
Most
companies
|
32
|
41
|
35
|
34
|
33
|
|
A
few companies
|
24
|
25
|
23
|
24
|
25
|
|
Hardly
any companies
|
8
|
8
|
7
|
7
|
7
|
|
None
of the companies
|
11
|
10
|
12
|
11
|
13
|
Source: Social Weather Stations 2005 Enterprise Survey on Corruption.
|