Sk Accountability
-
Upload
cesar-azar -
Category
Documents
-
view
224 -
download
0
Transcript of Sk Accountability
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 1/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 2/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 3/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 4/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 5/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 6/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 7/92
I am from the government and I am here toserve you
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 8/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 9/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 10/92
*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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 11/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 12/92
" Akala mo lang wala..pero meron!! meron!!
meron!!"Carlo Aquino
Bata, Bata...Paano Ka Ginawa (1998)
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 13/92
Main Topics
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 14/92
May nagbigay sa iyo ng pagkain na
naglalakad ng papeles sa inyo, dimaisoli, ano ang gagawin mo?
D
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 15/92
May nagbigay sa iyo ng pagkain na
naglalakad ng permit sa barangay,di maisoli, ano ang gagawin mo?
D
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 16/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 17/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 18/92
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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 19/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 20/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 21/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 22/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 23/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 24/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 25/92
For personal use
To give unwarranted favors
Violation of Anti-graft laws
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 26/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 27/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 28/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 29/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 30/92
�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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 31/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 32/92
Dishonesty- Intentional Violation of Truth;need not be performed in the performanceof one¶s duties
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 33/92
Meron bang Grave Dishonesty?
Or Gross Dishonesty?
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 34/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 35/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 36/92
Republic Act 3019 (j)
1. Wrongfully approving or granting
any license, permit, privilege
2. Knowingly
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 37/92
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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 38/92
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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 39/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 40/92
Negligence-
gross when the
breach of duty is
flagrant and
palpable; utter
disregard of
consequences
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 41/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 42/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 43/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 44/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 45/92
Little red tape and no corruption- LDL
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 46/92
Kapag Bull¶s eye
Hanap na tayo ni
Boss
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 47/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 48/92
PROFESSIONALISM
(Integrity)
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 49/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 50/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 51/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 52/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 53/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 54/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 55/92
BusinessVocation
Profession
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 56/92
Not for charitable or
public welfare purpose
Or without prior authority
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 57/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 58/92
Non-political Office
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 59/92
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.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 60/92
Lending Money by a subordinate to a supe
Need
Mula
Bosing?Kapos lang
e
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 61/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 62/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 63/92
Political neutralityPolitical neutrality
Public officials and employees shallprovide service to everyone wit hout unfair discrimination and regardlessof party affiliation or preference.
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 64/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 65/92
Common Administrative Offences
� MISCONDUCT
� OPPRESSION
� DISHONESTY
�CONDUCT PREJUDICIAL
� NEGLECT
� IMMORALITY
� VIOLATION OF EXISTING RULES
�INSU
BORDINATION
� AWOL
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 66/92
Common Administrative Offences
� MISCONDUCT
� OPPRESSION
� DISHONESTY
�CONDUCT PREJUDICIAL� NEGLECT
� IMMORALITY
� VIOLATION OF EXISTING RULES
�INSU
BORDINATION
� AWOL
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 67/92
PRACTICAL PERSPECTIVE
CASES:
ADMINISTRATIVE
CRIMINALCIVIL
(Preventive
Suspension)
Forfeiture of Wealth
Ostracism in the SocietyUnhappily and anxiously RICH
Doomed to Damnation
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 68/92
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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 69/92
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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 70/92
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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 71/92
Ina Ka Ng Anak Mo (1979)
"Hayop...Hayuuup...
Hayuuupppp!" Nora Aunor
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 72/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 73/92
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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 74/92
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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 75/92
"Para kang karinderyang bukas
sa lahat ng gustong kumain."
P alimos ng P ag-ibig (1985)
Vilma Santos
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 76/92
P asan Ko ang Daigdig (1987)
"Gutay-gutay na ang katawan nyo...
pati na ang kaluluwa nyo!"
-
Shar on Cuneta
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 77/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 78/92
� Acts or omissions no longer limited to thegrounds enumerated in Section 1 under AO
No. 7� Certificate of Non- forum shopping
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 79/92
� 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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 80/92
ROMA MAFFIA
1994
³«is not about sex,
It is about Power.
Disclosure
W kW k R l t dR l t d
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 81/92
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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 82/92
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 ?
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 83/92
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)
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 84/92
"Kung hindi tayo kikilos sino ang
kikilos? Kung hindi ngayon, kailan pa?"
Sister Stella L. (1984)
Vilma Santos
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 85/92
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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 86/92
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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 87/92
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
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 88/92
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 89/92
Fill in the Blanks: And Now ___ ____ is
near
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 90/92
The Challenge is to
ConvergeLET¶S ALL FIGHT
CORRUPTION !
Sister Stella L (1984)
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 91/92
"Kung hindi tayo kikilos sino ang
kikilos? Kung hindi ngayon, kailan pa?"
Sister Stella L. (1984)
Vilma Santos
8/6/2019 Sk Accountability
http://slidepdf.com/reader/full/sk-accountability 92/92