Philippine Administrative and Legal System (PALS)

Synopsis

I. Laws Governing Public Employees:

a. The 1987 Constitution – The Law of the Land

b. Executive Order No. 292 otherwise known as the “Administrative Code of
1987 - Lays down the basic policies and the systems and procedures by
which the organization and operation of the bureaucracy are to be based,
including the personnel administration aspect.
c. Republic Act No. 6713 otherwise known as “Code of Conduct and Ethical
Standards for Public Officials and Employees” -
d. Presidential Decree No. 1445 otherwise known as “Government Auditing
Code of the Philippines” - All resources of the government shall be
managed, expended or utilized in accordance with the law and regulations,
and safeguarded against loss or wastage through illegal or improper
disposition, with a view to ensuring efficiency, economy and effectiveness
in the operations of government.
e. R.A. 3019 otherwise known as “Anti-Graft and Corrupt Practices Act - in line
with the principle that a public office is a public trust, to repress certain acts
of public officers and private persons alike which constitute graft or corrupt
practices, or which may lead thereto.
f. Any other laws against corrupt practices of public employees.

II. Describing the Risks and Opportunities of the Philippine Bureaucracy

Bureaucracy, in its political system definition, is a “system of administration
based upon organizations into bureaus, division of labor, hierarchy of authority,
designed to dispose of a large body of work in a routine manner” (Gadiano,
2013).
Bureaucracy in the Philippines has been characterized by many factors, as
discussed below:
a. Vulnerability to Oligarchism - Oligarchism is the practice of devoting
functions of the state to serve private interests. It is dominantly practiced by
traditional politicians or “trapo” who are obligated to return the favor to
private individuals, usually businessmen, constituents and relatives who
influenced or funded their electoral campaign.
An example of this systematic abuse is during the Martial Law Period of the
late dictator Ferdinand Marcos. Together with his cronies, they have
 amassed billions of tax payer’s money which is still being recovered by the
Presidential Commission on Good Government.
b. Vulnerability to Nepotism - The bureaucracy is typically composed of family
by affinity and consanguinity. Within such setup, they are pressured to help
each other in variety of ways.
This corrupt practice has been the culture in the Philippine Bureaucracy
especially in Local Government Units and offices of high-ranking officials.
However, this practice has created a great risk and might lead to the
appointment of an incompetent personnel or corruption.
The Civil Service Commission also reminds elective and appointive officials
to observe civil service rules on appointments, particularly those that
prohibit nepotism.

Book V, Title I(A), Chapter 8, Section 59 of Executive Order No. 292, also
known as the Administrative Code of 1987, prohibits nepotic appointments
or those made in favor of a relative of the appointing or recommending
authority, or of the chief of bureau or office, or of the persons exercising
immediate supervision over the appointee.Under Section 79 of the Local
Government Code of 1991, the prohibition extends to the appointing or
recommending authority’s relatives within the fourth degree of
consanguinity or affinity, such as first cousin or first cousin-in-law (4th
degree).

c. Vulnerability to Abuse of Power - services and positions (personnel) have

been subjected to nepotism and other acts that uses absolute authority to
influence processes and decisions. Abusive high-ranking public officials use
their authority mostly for personal gains. More so, in can be used to
politically persecute opposite parties, instigate selective justice and other
related atrocities to the public that are considered as corruption.
A recent example of this event involves Chief Presidential Legal Counsel
and Spokesperson Salvador Panelo and his former client, convicted murder
and rapist, former Calauan, Laguna Mayor Antonio Sanchez.
Sanchez was convicted for the rape and murder of University of the
Philippines Los Baños student Eileen Sarmenta and the killing of her
boyfriend UP student Allan Gomez in 1993. The former mayor was
sentenced to seven life terms of up to 40 years each in 1995.
According to PhilStar Global’s interview with Salvador Panelo, he denied
having a hand in the impending release of his former as he stressed that
rule of law, not emotion, must prevail in the case.
 However, at the second Senate hearing of the good conduct time allowance
(GCTA) law on September 3, Panelo wrote to them on February 26 this
year, regarding Sanchez’ application for executive clemency which
definitely contradicts his previous statement.
This is a clear indicator that there is a conflict of interest in this instance and
he used his authority as the Chief Presidential Legal Counsel, and as the
former attorney of Sanchez to influence the decision, therefore abusing his
power.
d. Apathetic reaction to the abusive acts of public officials - Excessive support
and devotion of the people (commonly referred to as “fanaticism”) to a
certain public official/politician often leads them to turn a “blind eye” to the
atrocities committed by the latter. False pronouncements or political
promises are also used as means to “blind” every member of the
community.
An example of such individuals is the “Marcos Loyalists”. Despite all the
atrocities of the Marcoses, they still refuse to acknowledge such acts and
continue to support them. Avid supporters of convicted plunderers Bong
Revilla, Jinggoy Estrada, Juan Ponce Enrile, among others also belongs in
this sector.
e. Subject to Innovation – in spite the vulnerability of the Philippine
Bureaucracy, its inherent function of nation and society building will present
itself as tool for innovation.
We, the citizens of this country, especially the public employees should not
be influenced by the existing system. Instead, let us be part of the change
and be an inspiration to the aspiring citizen of our nation.
f. Unity in Action - Article III (Bill of Rights), Section 4 of the 1987 Constitution
provides that “No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble and
petition the government for redress of grievances”.
The constitutional right of “Freedom of Expression” can serve as a platform to
express the sentiments over the failures of a bureaucratic system.

III. References
a. Official Gazette of the Philippines <officialgazette.com.ph>
b. Civil Service Commission <http://www.contactcenterngbayan.gov.ph/28-
csc-reminds-incoming-gov-t-officials-avoid-nepotism>
c. Rappler.com <https://www.rappler.com/nation/239204-panelo-endorsed-
sanchez-application-executive-clemency>
d. PhilStar.com<https://www.philstar.com/headlines/2019/08/21/1945250/pa
nelo-denies-hand-looming-release-sanchez-his-former-client-convicted-
rape-and-murder>