ACCOUNTABILITY

BY
MONTANO F. SALVADOR, DPA

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 NATURE OF GOVERNMENT

Government is the agency or apparatus

through which a governing individual
or body functions and exercises
authority

(The American Heritage Dictionary)

2
 NATURE OF GOVERNMENT (2)
 It is an art whereby a civil society of
men is instituted and preserved upon
the foundation of common interest.

 It is the empire of laws and not of

men.

(James Harrington, 1611-1677)

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 SOCIAL CONTRACT THEORY OF
GOVERNMENT
 Through reason, men understand the need
for society
 Society was a result of a social contract

 Government … was based on consent,

given by an individual or by his
representative or ancestor

(Richard Hooker, 1155-1600)

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 IMPLICATIONS OF THE SOCIAL
CONTRACT THEORY OF
GOVERNMENT
 Belonging to a state implied
obedience to the laws

 THE RULER MUST ACT IN THE PUBLIC

INTEREST, AND OBSERVE THE LAW.

(Richard Hooker, 1155-1600)

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 PREAMBLE OF THE PHILIPPINE
CONSTITUTION
We, the sovereign Filipino people, imploring
the aid of Almighty God, in order to build a
just and humane society and establish a
Government, that shall embody our ideals
and aspirations, promote the common
good, conserve and develop our patrimony,
and secure to ourselves and posterity the
blessings of independence and democracy
under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace,
do ordain and promulgate this Constitution.

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CONSTITUTIONAL PROVISION ON
ACCOUNTABILITY
Public office is a public trust. Public
officers and employees must at all
times be accountable to the people,
serve them with utmost
responsibility, integrity, loyalty, and
efficiency, act with patriotism and
justice, and lead modest lives.
(Sect 1, Art XI, Phil. Const.)

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 CONSTITUTIONAL BASIS FOR
RED TAPE
 SECTION 27, ART. II OF THE 1987
CONSTITUTION:

The State shall maintain honesty and

integrity in the public service and
shall take positive and effective
measures against graft and
corruption.

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 BETTER POLICIES BETTER POLICY BETTER RESULTS
EXECUTION
 Definitions of Policy/  Policy Advocacy  Policy Evaluation
Public Policy  Structure to - Three Varieties
 Purpose of Public Implement  As a functional
Policy the Policy activity
- LGU’s  Operation-centered
 Policy Processes
-Administrative  Systematic Evaluation
- Problem Formation
Agencies • Types of Systematic
- Policy Formulation
- NGO’s/POs Evaluation
- Policy Adoption
- Legislature  Program Impact
- Policy Evaluation
Implementation  Program
 Program Strategy
(Execution) Project/Activity
Evaluation
- Evaluation Designing & Budgeting
 Project Monitoring
 Forms of Public Policy  Capacity Building
• Policy Impact
- Legislative Statutes  Execution &
• Policy Evaluation
Monitoring
- Executive Orders Process
and Decrees - Congressional
- Administrative Oversight
Rules and
Regulations 9

- Court Opinions
 Public Policy Makers - COA
- Official - Presidential
 Legislative Commissions
 Executive - Administrative
 Courts Agencies
- Unofficial - LGU’s
 Interest-Groups

&
Political Parties
Individual
Citizens

ACCOUNTABILITY
PARADIGM OF POLICY MAKING, EXECUTION AND
ACCOUNTABILITY 10

(M.F. Salvador, August 2006)

 DEFINITIONS AND NATURE OF
ACCOUNTABILITY
 COA in 1983 defined accountability as
holding people answerable to
someone:
 For doing specific things according to
specific plans and timetables;
 To accomplish tangible performance
results; and
 Control of expenditures and formally
accounting for them.
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 DEFINITIONS AND NATURE OF
ACCOUNTABILITY…
 Prof. Ledivina V.Carino in 1991 pointed
out that:
 The root word of accountability is
“account” suggesting that work is
not only to oneself, but is a
responsibility to others,
 The supreme focus of accountability
is the people.
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 DEFINITIONS AND NATURE OF
ACCOUNTABILITY
 NCPAG in 1998 viewed accountability
as:
 Accountability flows upwards and
downwards in the management
hierarchy;
 It also flows outwards so each one
in the hierarchy is accountable to
the public, the ultimate source of
their authority. 13
 CONTENTS OF
ACCOUNTABILITY

 GENERAL ACCOUNTABILITY

 FISCAL ACCOUNTABILITY

 MANAGERIAL ACCOUNTABILITY

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 CONTENTS OF
ACCOUNTABILITY
 GENERAL ACCOUNTABILITY

 Answerability for action

 Sanction when justified
 Revocation of mandate
 Subject to public scrutiny
 Citizen participation in the design of
programs

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 CONTENTS OF
ACCOUNTABILITY
 FISCAL ACCOUNTABILITY

 Guided by existing applicable policies

 Based on duly approved budget
 Supportive of approved strategic
plan for sustainable economic
development of the community

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 CONTENTS OF
ACCOUNTABILITY
 MANAGERIAL ACCOUNTABILITY
 Observance of appropriate rules
 Discretion not abused
 Risks are taken within delegated power to
achieve objectives
 Responsibility for service delivery within
specified cost, quality and time schedules
 Observance of economy and efficiency

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DEMOCRATIC PROCESS AND ACCOUNTABILITY IN PA

The Traditional Style of Accountability

Parliament

Ministers

Top Officials

Civil Servants

By: Mohammad H. Zarei

State Mgt. Training Center 18
Tehran, Islamic Republic of Iran
THE MODERN FORM OF ACCOUNTABILITY

Parliament
Courts Ministers

Civil Servants

Moral
Citizens Administrative Standards
Bodies and
Auditors

By: Mohammad H. Zeri

The State Management Training Center 19
Tehran, Islamic Republic of IRan
 DIFFERENT VIEWS (ZAREI)
FOR PUBLIC ADMINISTRATORS

 Functions as a means of monitoring

wrongdoing
 Correct management
maladministration
 Pursue efficiency, effectiveness and
responsiveness of government
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 FOR LAWYERS

 Accountability is an instrument of
control to keep administrators within
laws, rules and regulations

Serves the principle of the rule

of law
Basis for legal consequences
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 FOR POLITICIANS
 Accountability is necessary to
maintain political values, party
loyalty, public opinions and
constitutional principles such as
separation of powers

 Basis for political consequences of

administrative wrongdoings

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 ACCOUNTABILITY AS MORAL
RESPONSIBILITY

 Administrators are required to make

rightful and good decisions

 Observance of professional code of

conduct and ethical standards

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ACCOUNTABILITY IN POLICY MAKING
(Jean Blondel)

Two Distinct Aspects:

 Collective Unreliability
 Ministerial Unreliability
 In “milder” or “negative” form,
approved policies not implemented
 In “stronger” or “positive” form,
ministers embark on their own
policies or contradict approved
policies 24
 Accountability in the Phil. Civil Service
(Mario D. Yango, l991)

 Public accountability refers to the evaluation of

the actions of both elective and appointive
public officials in accordance with the standards
for each position and its corresponding
authority.
 Administrative accountability applies to
appointed career government officials and
employees
 Involve evaluation of whether they have
performed responsively, efficiently and
effectively. 25
Accountability in the Philippine Civil
Service

 Agencies Enforcing Public

Accountability:
 Civil Service Commission
 Commission on Audit
 Office of the Ombudsman
 Special Courts
 Office of the President
 Congress
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 POLICIES ON ACCOUNTABILITY

 PD 1445 –The Government Auditing Code of the

Philippines
 RA No. 3019 As Amended – Anti-Graft and Corrupt
Practices Act
 RA No. 6713 –The Code of Conduct and Ethical
Standards for Public Officials and Employees
 R.A. No. 7160 –Local Government Code of 1991
 R.A. No. 7877 –Anti-Sexual Harassment Act of 1995
 RA No. 9184 –Government Procurement Act of 2003
 RA No. 9485 –Anti-Red Tape Act of 2007
 Etc.

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 DECLARATION OF POLICY
UNDER PD1445

It is the declared policy of the State that all

resources of the government shall be
managed, expended or utilized in accordance
with 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. This responsibility
to take care that such policy is faithfully
adhered to rests directly with the chief or
head of the government agency concerned.

(Sect. 2, PD 1445) 28
 FUNDAMENTAL PRINCIPLE
ENSHRINED IN PD 1445

Fiscal responsibility shall, to the

greatest extent, be shared by all
those exercising authority over the
financial affairs, transactions, and
operations of the government agency.
(Sect. 4(4), PD 1445)

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RELIEVE FROM LIABILITY

Prior to an act, the accountable officer

must notify the superior officer in
writing of the illegality of the
payment, application, or disposition
of funds or property of which he is
chargeable.

(Sect. 106, PD 1445)

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 COA’S AUDIT CONCERNS

 I for Irregular
 U for Unnecessary
 E for Excessive
 E for Extravagant
 U for Unconscionable

(COA Cir. 85-55A)

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 SEC. 3(e) OF RA 3019

e) Causing any undue injury to any

party, including the 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 faith or gross inexcusable
negligence.

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 ELEMENTS OF SEC. 3(e)
of RA 3019

 The offender is a public officer;

 The act was done in the discharge of the public
officer’s official, administrative or judicial
functions;
 The act was done through manifest partiality,
evident bad faith or gross inexcusable negligence;
and
 The public officer caused any undue injury to any
party, including the government, or gave any
private party any unwarranted benefits, advantage
or preference.
(SCRA 126, G.R. No. 136082, May 12, 2000)
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 TWO WAYS OF VIOLATING
SEC 3(e) OF RA 3019

 By causing any undue injury to any

party, including the Government

 By giving any private party any

unwarranted benefit, advantage or
preference

(SCRA 214,G.R.No. 109266,Dec.2,1993)

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 SEC. 3(g) of 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.

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 CITIZEN’S CHARTER

A British political initiative launched by then Prime

Minister, John Major, on 22 July 1991, aimed
to improve public service in the UK by:

 Making administration accountable and citizen

friendly
 Ensuring transparency and the right to
information
 Taking measures to cleanse & motivate civil
service
 Adopting a stakeholder approach
 Saving time of both executant and clientele
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 R.A. No. 9485

 AN ACT TO IMPROVE EFFICIENCY IN THE

DELIVERY OF GOVERNMENT SERVICE TO
THE PUBLIC BY REDUCING BUREAUCRATIC
RED TAPE PREVENTING GRAFT AND
CORRUPTION, AND PROVIDING PENALTIES
THEREFOR

 KNOWN AS THE “ANTI-RED TAPE ACT OF

2007”

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 CITIZEN’S CHARTER
AS REQUIRED BY RA 9485
 The written service standards of each office,
known as Citizen’s Charter shall detail:
• The procedure to obtain a particular service;
• The person/s responsible for each step;
• The maximum time to conclude the process;
• The document/s to be presented by the customer,
if necessary;
• The amount of fees, if necessary; and
• The procedure for filing complaints

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PENALTIES FOR VIOLATION OF
CITIZEN’S CHARTER

 FOR LIGHT OFFENSES:

• First Offense -30 days suspension without

pay and mandatory attendance in Values
Orientation Program;
• Second Offense -3 months suspension
without pay; and
• Third Offense –Dismissal and perpetual
disqualification from public office.

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 PENALTIES FOR VIOLATION OF
CITIZEN’S CHARTER
 Grave Offense:
• Dismissal and perpetual
disqualification from public service

 Section 13 of RA 9485 provides that

violator of the Act may be subject to
Administrative, Civil and Criminal
liabilities

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 QUALITIES for ACCOUNTABILITY
(A. Premchand, 1999)

 If the following six qualities are firmly

entrenched in public administration, then
accountability would be automatic and even
self-enforcing:
 Selflessness
 Integrity
 Objectivity
 Accountability
 Openness
 Honesty and Leadership
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BIBLICAL ACCOUNTABILITY

 Romans l4.12 –SO THEN EVERYONE

OF US SHALL GIVE ACCOUNT OF
HIMSELF TO GOD.

 Luke 16.l0 –HE THAT IS FAITHFUL IN

THAT WHICH IS LEAST IS FAITHFUL
ALSO IN MUCH: AND HE THAT IS
UNJUST IN THE LEAST IS UNJUST
ALSO IN MUCH.
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End of Presentation

Thank you!

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