IN PARTIAL FULFILLMENT OF THE

REQUIREMENTS OF THE COURSE

PUBLIC ADMINISTRATION 201

SUBMITTED BY:
AMNA BANGCOLA INDAR
SUBMITTED TO:
PROF. MOHAMMAD SHEIK ALI

SEPTEMBER 11, 2019

 INTRODUCTION

Since time immemorial, the country has been facing massive problems that had put the

different administrations in the limelight to be criticized by the judging eyes of the Filipino

people. What has led to this problems, different reasons are being stated and blamed for what is

happening with the public administration in the country. These problems not only tested the

competence of the current administration but also resulted to the loss of public trust. Because

of this, a greater challenge is now faced by the public administration, a challenge to prove that

these problems could be solved and also to prove to the Filipinos that these solutions are not

just merely short term or so-called band-aid solutions but are long-term and effective solutions

to address the existing problems and earning back public trust as well.

This paper will tackle the main problem in our local government unit that is commonly

identified with the public administration in Philippine Bureaucracy and then it will delve into the

underlying problem/s that comes with it with a focus on the Philippine Public Administration.

Public Administration entails civil servants implementing a specified policy within the

confines of a government executive framework. (PublicAdministration.net, 2014) It serves as a

body primarily concerned with implementation of government policies. It involves all the

activities of the government. It should enact what is expected from it by the people, it could be a

social service for the basic welfare or an act of providing security for the people. According to

Woodrow Wilson, Administration is the most obvious part of government; it is government in

action, it is the executive, the operative and the most visible side of the government. It is true

that it is the “most judged” part of the government. Criticisms never end for the administration

as it is the branch in which people could easily tell if it’s doing something or not. However, it is

acknowledged that public administration is often misjudged by the people due to high

expectations from it.

 There are many problems that concern the Philippine Public Administration so I decided

to discuss the problem about Palakasan System or Padrino system which encompasses all the

others.

Spoils system/ Palakasan System/ Padrino System is a strange term to some people

except to those public officials, political candidates, political scientists and scholars. Like the

ordinary people, some did not know about this. They merely applied or engaged this system but

they are not aware of what the exact term for this. The term would be spoils system—or “to the

victor of spoils”. “To the victor of the spoils” means, if you are loyal to a political candidate,

reward may await you on the victorious day. But in this matter, spoils system is invalid kind of

recruiting employees either eligible or non-eligible especially in the positions in the public or in

the Philippine bureaucracy. What would be the perspective of the Filipinos in the Philippine

bureaucracy? Who made the term “spoils system”?

Are civil servants in the Philippine bureaucracy neutral or political? Could the merit

principle, a solution or reform to alleviate the traditional practice of spoils system in the

Philippines? Could the political neutrality preserved in the Philippine bureaucracy?

Appointment and recruiting on the based on partisanship is null and as well as nepotism

and patronage. They are traditional tactics of public servants that until now are being applied. In

relation to that, spoils system by means of nepotism, patronage and partisanship are the roots

that would lead to graft and corruption of the funds owned by the masses.

Nepotism, patronage, partisanship and the culture of corruption are some of the factors

that decline the political neutrality in the Philippine bureaucracy. However, I will cite cases

regarding nepotism and appointments of ineligible officials in the public office. I include Aquino

administration in the Philippine bureaucracy, Erap’s presidential appointment under the

executive bureaucracy during his administration and as well as former President Gloria

Macapagal-Arroyo’s administration in the Philippine bureaucracy.

This problem is not considered a problem by some people but rather an advantage to

those who have certain governmental connections/networks is the Padrino System. Padrino

comes from a Vulgar Latin root pater which means father. (Collins Dictionaries, 2014) Padrino is

defined as senior patron or adviser who assists non-Mexican businesspeople in starting and

running commercial operations in Mexico and a godfather. (Encarta, 2014) This problem is not

obvious but actually contributes to the awful system of public administration. Yes, there may be

a policy that requires civil servants to be hired based on merits (merit-based1) and not on a

patron-based2 system. However, the Padrino system still takes place when it comes to the

situation in which there are many Civil Service Exam passers applying for the same position.

Instead of looking further and testing the capacities of each applicant, the Padrino system, if

applicable could somehow affect the decision-making. If one applicant has a so called “backer”

or “padrino”, that person will have a better chance of being hired compared to the other

applicants regardless of their credentials and experiences.

Political patronage and nepotism also arises in the recruitment of those unqualified for a

position. Civil society observers also mentioned that Malacañang can insert a candidate for the

judiciary without going through the Judicial and Bar Council. Again, similar to the issue in

recruitment, there are instances in which the appointee chosen may be under or overqualified

for the position. This happens when the appointing authority chooses an individual without

regard for the ranking of the PSB. Sometimes, appointments are done before the PSB’s

recommendations are submitted. Also, there seems to be instances where chief executives

ensure that appointments would go their way by manning the PSB with their close associates.
Resorting to temporarily employment or creating new positions is also a way to circumvent the

evaluation. Participants likewise shared that if the PSB’s recommendations are not favourable,

the executive could delay filling the position until someone favourable to him/her can be

appointed. Another way of ensuring that a favoured individual would get into the agency is to

create positions or make temporary jobs available. FGD participants also mentioned that those

promoted are at times not qualified for the position and that promotions are sometimes based

on the employees close relationship to the person of authority or because of humanitarian

reasons, that is, the person who obtained the promotion needs the financial gains that comes

with being promoted.

Managing human resources in public administration is difficult and complex because it is

an academic field, a field of scientific management and application, and a field of managerial

professionalism, which includes legal and political processes. Effective management of human

resources in public administration requires the incorporation of human resources development

and continuous and strategic planning for “the right person for the right job.” The contemporary

public administration with personnel that possess “employable skills” belittles the government

and reduces its capacity. This system has resulted in a human resource management style that is

based on feelings. This paper argues that traditional human management is more effective and it

determines the success and the strength of the government. The crisis faced by public

administration today is the result of the reinventing the government movement– a system

whose human resources management is based on “employable skills,” multitasking, and a fast-

paced environment. This system diminishes the importance of knowledge, science, and

professionalism. It causes a leadership crisis and poor capacity governance.

In many government reports or consultancy papers, there is also the emphasis that

government can be efficient and successful as well as able to respond to different social,

economic, political, and global challenges if it can recruit and retain a talented workforce.
However talented the workforce is, when it refers to the reality of “employable skills” personnel

and line department setting at a government where personnel who have the same knowledge

and skills are pooled together to perform multiple tasks (Mc- Shane, 1992), work in a fast-paced

and competitive environment, they will not produce an effective and efficient workforce.

Multitasking and a competitive environment create personnel who are a “Jack of All Trades” but

they are master in none while competitiveness creates hatred, envy, and jealousy, which are

revealed in personnel behavior and limited capacity (Segan, 2005).Aman is expert in his own

field. Multitasking causes knowledge crisscrossing and causes personnel to do work beyond their

area of expertise. In addition, the new public management requires less education but simply

the basic knowledge of how to do a task and the employable skills, which are the willingness to

assist, to learn, and friendliness (Ritzer, 1988; Kazilan, Hamzah, & Bakar, 2009). This scheme

results in the diminishing values and importance of science, knowledge, professionalism, and

managerialism in public administration. In the legal and political fields, employees and leaders

depend much on hunch (Nagle, 1984; Buchanan & Di Pierro, 1980) and it makes the process of

managing human resources in public administration more difficult and complex. Politicians and

chief executives operate and make decisions based not only on hunch but also on prediction.

However, prediction is a forbidden knowledge and those who tread on prediction are unwise

(White, 1999). It is dangerous to perform management based on prediction. Lao Tzu once said,

“Those who have knowledge don’t predict. Those who don’t have knowledge predict.” Similarly,

the use of feelings and emotions in hiring and recruitment is becoming a trend in the public

sector because of a lack of knowledge about the jobs in the public sector and a lack of

professionalism (Kramer, 1998), which results in irrational hiring decisions (Damasio, 1999).

Within line department, there are small teams and self-directed teams, and leadership role is

insignificant (Olson & Eoyang, 2003; Markulis, Jassawalla, & Sashittal, 2006). Then why are we

questioning the severe leadership crisis in public administration? It is because we have

eliminated leadership roles and functions with our invention of small teams and self-directed

teams. Janz (1999) argued that small teams and self-directed teams introduced by past scholars,

as a method of restructuring with a promise of improving organization performance, job

satisfaction, motivation, and personnel cooperation has never materialized beyond a small piece

of autonomy. Market personalization elevates feelings rather than professionalism, but feelings

are deceitful and desperately wicked (Jeremiah 17:9). With the adoption of competitiveness,

market personalization of human resources management in public administration breeds

corruption, other unethical practices, and discrimination that will linger in the system and

spreading chronically across sectors and spill over into society. Discrimination in human

resources management antagonizes the true characteristics of public administration, which are

social equity and human rights (Bansal, 2001). Privatization of human resources management

should not be part of public sector practices (Berman, 1998). Private recruiters do not

understand the nature of the work, the work, the environment of the government, how the

process should be, and the cycle of the administration in the government. It weakens public

leadership and over time, it reduces its personnel’s capacity, increases non-accountability, and

improves the demand for decentralization of political power and decision making while social

problems are ballooning without solution. Human resources management in public

administration can only be effective if it focuses on the theoretical and practical foundation of

the public administration, which is an academic field (Ronquillo, 2008), a field of scientific

management and application (Van Riper, 1995); a field of managerial professionalism, and a field

of legal and political processes (Fry & Nigro, 1996; Drechsler, 2000). It is then we can argue,

“Good government has good people” (United Nations Public Administration and Development

Management, 2005).

The Weberian concept of bureaucracy is being adapted in the Philippines. Bureaucracy

for Weber is an ideal c organization for government with a structured hierarchy of offices and
competent and professional staff vested with authority to undertake defined tasks guided by the

set of rules and procedures (Rebullida & Serrano).

In contrast, according to Peter Blau as cited by Leveriza (1990), bureaucracy in the

Philippines has become an epithet which refers to inefficiency and red tape in the government;

but this was not the meaning and it is not the term to be used.

Instead, bureaucracy would be rule by officials; the administrative machinery of the

state. Bureaucrats may or may not be subject to political control. It means that civil servants

must and always be neutral and have no party affiliation.

However, the Philippine bureaucrats have traditional values in the Philippine setting such

as the strong kinship ties or the family system. Blood and ritual kinship ties and patron-client

relations involve almost all Filipinos in a network of reciprocal obligations (Cariño, 1992). This

value is present in the Philippine tradition and later applied especially the patron-client relations

or in my interpretation, the patron who is the politician and the client is the people who turned

into a public servant because of the presence of spoils system.

Andrew Jackson was the seventh president of U.S.A. He viewed government as more

responsive if it were administered by common men of good sense. Jackson believed that top

administrators should remain in office for short period so that there would be a steady influx of

fresh ideas. Jackson called it as patronage system 3 which was publicly popular in America, but

some critics view it as spoils system. Spoils system is a device of placing political cronies in

government office as a reward for partisan service (Harrigan, 1996). It was in the United States

that we adapted the term spoils system or the patronage system.

Spoils system in the Philippine bureaucracy can be an assassin of political neutrality. The

following factors are the ingredient that spoils system existed in the Philippines. The Merit-
based principle in the Philippine bureaucracy by principle existed, but behind it, the shadows of

spoils system operates.

First, nepotism is the prohibited appointment under civil service rules made in favor of a

relative within the third civil degree of consanguinity or affinity by the recommending authority.

In the law on public officers, this refers to the appointments of officers made in favor of a

relative4 of the appointing or recommending authority, the chief bureau or office or the persons

exercising immediate supervision over the appointee such appointments generally prohibited

(Khan Jr.,2007).

Nepotism is a grave offense punishable with dismissal; from service, even as a first

offense. It is also a crime pursuant to Sec. II of the Code of Conduct and Ethical Standards for

Public Officers and Employees. And an appointing or recommending official who falsely denied

that he is not related to the appointee within third degree may likewise be held liable for

falsification (Agpalo, 2005).

In Laurel vs. Civil Service Commission, a case against nepotism, the petitioner designated

his brother as acting Provincial Administrator. A citizen questioned the designation of the

ground that section 49 of the Civil Service Decree prohibits the appointments of relatives within

the third degree of consanguinity or affinity. Petitioner argued that the prohibition is

inapplicable, the position of Provincial Administrator is confidential and does not apply to

designation and that a mere citizen cannot question the designation. And the Supreme Court

held the position for provincial administrator is not confidential and is embraced within the

career service. To qualify for it, one must have a bachelor’s degree and six years of professional

experience. Appointment to the position is subject to the rule on nepotism. Designation should

be included in appointment because it accomplishes the same purpose under Civil Service

Decree, in which any citizen may complain against a government official (Jimenez, 1996).
 Furthermore, designation is different from appointment. Appointment may be defined as

the selection, by authority vested with power of an individual who is to exercise the functions of

a given office. When completes as when it requires confirmation, the appointment results in

security of tenure for the person chosen, unless he is replaced at pleasure because of the nature

of his office. Meanwhile, designation merely the imposition by law of additional duties on an

incumbent official, as were under the Constitution’s three justices of the Supreme Court are

designated by the Chief justice to sit in the electoral tribunal of either Senate or the House.

However, there are exceptions on nepotism; the restriction of appointing or

recommending relative up to the third civil degree either affinity or consanguinity in the

national, provincial and municipal government or any branch of government including

government owned and controlled corporations are prohibited except the teachers, physicians,

persons employed in a confidential items and members of the Armed Forces of the Philippines,

provided that the full report of such appointment shall be made to the Commission concerned

(Lazo, 2009).

Second, patronage is de-motivated when it occurs during recruitment wherein the

chances for entry can be denied a competent person who does not have any “padrino” to put in

a good word for him. Recruitment to government service in policy is based through merit and

competence but in practice patronage is necessary ingredient (Varela, 2000).

Under Joseph Ejercito Estrada’s administration, he appointed 60 people to such positions

in just five months in presidency. It was labeled as laughable like an invitation of a wedding party

as viewed by Coronel (2000). One of the appointees is the former race car champion Robert

Aventajado. He was a long time and influential Erap aide and made him as presidential adviser

on economic affairs and head of presidential committee on flagship programs and project.

Like in U.S., the practice of patronage was manifested in the Philippines as a reward to

family members, loyal followers and generous contributors. It likely figured out that political
neutrality gone and twisted out because of the traditional way of recruiting civil servants. It is

through spoils system, patronage emerged and political neutrality departs.

Third, partisanship is political bias: they may support one party which they portray that

they could help you at the end of the election. If you are a member of a certain party there’s a

possibility that you will be included on what we call the spoils system. If your candidate wins,

you could acquire the benefit in terms of holding an office in the public office.

The Constitution provides that “no officer or employee in the civil service shall engage

directly or indirectly in any electioneering or partisan political activity.”

There was a certain case that civil service employees engage in partisan political

campaign. Trinidad vs. Valle, the complainant filed a charge against respondent, a judge, for

delivering a speech at a political meeting in support of a particular candidate. This constitutes

illegally engaging in partisan political activity.

In People vs. de Venecia, the phrase “partisan political activity” was defined as including

every form of solicitation of the elector’s vote in favor of any specific or named candidate. The

purpose of the injunction or the restriction is to produce a corps of public servants who will

marshal all their efforts and potentialities towards serving the people who are the ultimate

matter of the community an preclude or prevent the incidence of the ill-will of the victors or the

people in case they might have sided themselves with the losing candidate (Aguirre, Jr., 1997).

Fourth, corruption is the abuse of public power for private gain. Rose Ackerman (1998)

givers definition that is suited with bribes: an illegal payment to public agent to obtain a benefit

that may or may not be deserved in the absence of payoffs. Thus, corruption is a culture of

Filipinos that cannot easily eradicate. The main locus of corruption is the government and as

invariably involving the public officials. Bribes may serve an incentive to the bureaucrats or to

the civil servants which is the same as the saying that they form part of the implicit wages of the

public (de Dios and Femer, 2001).

 There is legal provision on bribery as stipulated in Article 210 in the Revised Penal Code;

any public officers who shall agree to perform an act constituting crime, in consideration of any

offer, promise, gift, or personally or through the mediation of another, shall suffer the penalty of

prision mayor in its maximum and medium periods and a fine of not less than three times the

value of the gift, in addition to the penalty corresponding to the crime agreed upon, if the same

shall have been committed.

Furthermore, the law did not lack the provisions regarding the sanctions to be imposed if

there are negligence, fraud and disobedience on the part of public officials.

The reasons for the existence of graft and corruption vary. Some references views that

graft and corruption because of the low salaries in the agency and high cost of running on the

election period. And it is their strategy in order to acquire back the expenses incurred in the

campaign period.

In the next section, it contains the following presidents: Aquino and Arroyo on how the

Philippine bureaucracy became bloated through the use of spoils system.

Patricia Sto. Tomas (1998), former chairperson of the Civil Service Commission (CSC), the

so-called “de-Marcosification” during the Aquino administration did not bode well for members

of the civil service because “it was selective and arbitrary”. The period 1986-1987 were the most

turbulent years for the Philippine bureaucracy and in the purge that followed scores of career

personnel were fired, while the technocrats, politicians and other high ranking officers who

managed to switch sides and abandon the dictatorship at the last moment were retained. This

led to great disaffection with the Aquino administration because the reorganization was seen as

an excuse to practice patronage politics. Positions were granted to people according to their

(new) political loyalties as the practice of the “spoils system” became rampant. As a result, the

bureaucracy during Aquino’s regime became very top-heavy with some departments (e.g.
Agriculture, Agrarian Reform and Environment and Natural Resources) having as many as five

undersecretaries and eight assistant secretaries (Quimpo, 2009).

A 2008 CSC study revealed that Arroyo appointed an excess of 81 undersecretaries and

assistant secretaries plus 53 presidential advisers and presidential assistants, and unknown

number of consultants. The office of the President itself had the biggest number of excess hires:

31 undersecretaries and assistant secretaries. Constantino-David estimates that 56 percent of

government managers do not have civil service eligibility. Arroyo’s unqualified appointees have

not only led to a bloated democracy but have caused demoralization among the rank-and-file

and the politicization of the bureaucracy (Quimpo, 2010).

Both Presidents exercised their power of appointments but in the overt sense they

monopolize the process and certain excess or restriction that lead to the aspiring civil servants

not to hold office because of the presence of spoils system. It is bloated or ballooned with

bureaucrats that would lead to inefficiency and more accountability.

 Bureaucrats are not elected by the people, they serve yet use significant independent

power, and bureaucrat’s accountability is a major issue. The major checks on bureaucracy are

provided by the president, Congress and the courts.

Public office is a public trust as provision of Article IX Sec 11 of the 1987 Constitution (de

Leon, 2008). Both politician and public officials or employee are accountable to the masses.

Public office is not a vested right, it cannot be inherited and it is a public trust (Lazo, 2009). A

public office is defined as the right authority and duty created and conferred by law, by which

for a given period, ether fixed by law or enduring at the pleasure of the appointing power, an

individual is invested with some portion of the sovereign functions of the government, to be

exercised by him for the benefit of the public (Agaton, et. al, 2009).

Civil servants in the Philippine bureaucracy are influenced with the political world. Civil

servants could be neutral, if they don’t violate the Code of Conduct and Ethical Standards for

Public Officials and Employees in the Philippines. On the other side of the coin, some civil

servants could be political, if and only if they adhere to the motive of politicians’ personal

interests.

The civil service in the Philippines was first established in 1900 by Act No. 5 of the

Philippine Commission entitled “An Act for the Establishment and of an Efficient and Honest

Civil Service in the Philippine Island. It provided a basis for a merit-based civil service system

mandating the appointment and promotion to government positions according to merit and

through competitive examinations as far as practicable. The requisites of a civil service system

are merit system and security of tenure; and political neutrality (de Leon, 2008).
 There is a legal provision in terms of recruitment of the civil servants to be deployed in

the departments or offices. To be a qualified public servant, one must undergo certain

examination to test the proficiency of an applicant.

The 1987 Administrative Code reads that opportunity for government employment shall

be open to all qualified citizens and positive efforts shall be exerted to attract the best qualified

to enter the service. Employees shall be selected on the basis of fitness to perform the duties

and assume the responsibilities of the positions. All appointments in the career service shall be

made only according to merit and fitness, to be determined as far as practicable by competitive

examinations. A non-eligible shall not be appointed to any position in the civil service whenever

there is a civil service eligible actually available for and ready to accept appointment.

It is very clear in the law that non-eligible citizens are not qualified to be appointed and

the spoils system would not be applicable in recruiting citizens. And there would be an action

against to those highly ranked officials whom did not follow the process of recruiting

employees in the public office.

Merit system is on the process of recruiting civil servants but at some point of time,

politicians especially during elections tend to pledge or promised to his or her supporters. If he

could win for office, a lot of appointments and positions are reserved to loyal voters. It is called

–spoils system. And it tantamount to the violation of the civil service provision which is to avoid

nepotism, patronage, political partisanship and graft and corruption, instead to preserve

political neutrality.

All these factors will simply eradicate, if civil servants will follow the ethical code and

standards in public office. In order for the civil servants to be effective to the public, they
should have this “Mamamayan Muna, Hindi Mamaya Na”; in order for the people’s plea will be

served. It was launched in 1994, the program was designed to minimize if not totally eradicate

discourtesy, arrogance and inefficiency in the government. It was meant to be a nationwide

client-satisfaction program aimed at instilling courteous and efficient behavior among civil

servants.

This is the main problems that exist in the public administration that remains unsolved.

In the short run, this problem may not pose a threat but being in the system for the longest

time means that these could have influenced the entire system and is also possible origins to

the other problems. Problems such as the existence of mediocrity or the lack of culture of

competitiveness, existence of excessive and overlapping rules and the excessive discretion are

possible results or roots to the above-mentioned worse problems in the administration.

Spoils system will not simply eradicate in the Philippine bureaucracy. Who would be that

person who will appoint personnel that are not in line with your platform or policy in your

administration? We can’t deny the fact that spoils system assassinate the political neutrality. As

I had mentioned in this paper, I revealed cases regarding nepotism and political partisanship.

Also, I had mentioned events from the past administration in the Philippine bureaucracy such

as the appointments of Erap’s allies; the uniformed appointments of bureaucrats made by the

late President Cory Aquino; and the bloated bureaucracy in Aquino’s administration.

Political neutrality is difficult to preserve. I perceived that the Philippine bureaucracy is

tainted with political matters. And it’s too hard or it will have a long process to unravel the

relationship of the politician and the bureaucrats. The Philippine bureaucracy should have to be
regulated in the sense that there would be good governance and efficient implementation of

the policies in the government.

Thus, political neutrality would not be vanished, if the civil servants binds themselves to

stick on their principle and whatever anomalies they will have to stand for the just and

preservation of being neutral. The root of spoils system is still emerged behind the new system

of merit and fitness principle. For I believe that nepotism, patronage, political partisanship and

graft and corruption are part of the tradition in the Philippine bureaucracy.

This problem should be addressed the soonest time possible to hinder more problems from

arising. The existing laws and policies should be evaluated as it is the most important part of the

policy making process which has long been forgotten by our legislators. Evaluation is needed

because it will solve the problems in the different policies which exist between legislation and

implementation. These problems even if ignored most of the time, if addressed, will definitely help

bridge the gap which exist between the legislators and policy-implementers as it is also important

to take into consideration the assessments from the ones who enact the policies made because

theoretical assessments does not always exhibit the same results as the actual. Because of the lack

of evaluative measures for the policies, it has caused inter-related problems which are now

confronting the public administration as a whole.

These following recommendations are referred to some researchers. First is to:

reinforce the oversight function of the Congress to ensure that laws are effectively

implemented by the Executive Branch. This will better provide legislators with the tools to

prevent corruption and inefficiency that can hamper the provision of basic services. Second, the

merit principle must be implemented at the right time. The civil servants must bear in mind the
consequences if they violated some of the rules in public office. There must a regulation of the

appointments made by the President so that it will not be bloated bureaucracy. And the

problem of the low salary or compensation that leads to some bureaucrats engage in bribery

must be given counter action to that problem.

Another important thing to consider which will help in improving the current system of public

administration is the introduction of a transparent government. This will enable the people to

demand information from the government and will help in tracing if there are any officials who

steal public funds. With transparency, it will be harder for the corrupt government officials to steal

as the chances of them being caught is much greater.

These are the first few steps that could lead to the solutions that could possibly create a

long term effect. If the current administration will continue to work under policies which are not

formulated well and if almost all transactions concerning money could be made with discretion,

then there will be a continuously ineffective public administration in the Philippines.

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