Philippine Experience on the UNCAC

Transcription

1 Philippine Experience on the UNCAC Ma. Merceditas N. Gutierrez Ombudsman, Republic of the Philippines Presented during the ADB OECD 14 th Steering Group Meeting and Regional Seminar on Political Economy of Corruption 10 Sept. 2009

2 Self-Assessment Initiatives

3 Focus Group Discussions FGD on Criminalization Nov. 4 5, 2008 FGD on Asset Recovery Nov , 2008 FGD on Technical Assistance Nov , 2008 FGD on International Cooperation Nov. 6 7, 2008 FGD on Prevention Nov , 2008

4 Highlights of Self-Assessment

5 Prevention Article 5, par. 1 2 Preventive Anti Corruption Policies & Practices 1987 Philippine Constitution 1989 Ombudsman Act Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees Government Procurement Reform Act Anti Red Tape Act of 2007 Public Service Delivery Audit Risk based Financial Audit National Guidelines on Internal Control System

6 Prevention Article 5, par. 3 Periodic review of relevant legal instruments and administrative measures House of Representatives Committees People s Participation Good Government and Public Accountability Government Reorganization Senate Committees Civil Service and Government Reorganization Accountability of Public Officers and Investigations

7 Prevention Article 5, par. 4 Collaboration with international and regional organizations Membership in various international organizations geared towards improving performance and preventing corruption in the public sector

8 Criminalization Article 15. Bribery of National Public Officials Art (Rev. Penal Code) Sec. 3, R.A (Anti Graft & Corrupt Practices Act) Sec. 7, R.A (Code of Conduct & Ethical Standards) Republic Act No (Anti Red Tape Act) Article 17. Embezzlement, Misappropriation, or Other Diversion of Property by a Public Official R.A (An Act Defining & Penalizing the Crime of Plunder) Art , Revised Penal Code Sec. 3, R.A (Anti Graft & Corrupt Practices Act)

9 Criminalization Article 25. Obstruction of Justice P.D (Penalizing Obstruction of, Apprehension & Prosecution of Criminal Offenders) Sec. 36, R.A (The Ombudsman Act of 1989)

10 CONVICTION RATE

11 International Cooperation Article 46, par. 9. Mutual Legal Assistance Bilateral mutual legal assistance treaties (w/ 7 countries) Regional MLA Treaty Multilateral conventions Article 46, par. 13. MLA Central Authority Department of Justice w/ treaty Office of the Ombudsman w/o treaty

12 Asset Recovery Prevention & Detection R.A. 9160, as amended (AMLA) various circulars of the BSP and AMLC Taking Action Based on Foreign Confiscation Orders Sec. 13, R.A. 9160, as amended (AMLA) Returning Property to Requesting States Sec. 13, R.A. 9160, as amended (AMLA)

13 Medium-Term Planning Subic International Hotel Feb , 2009

14 TWC Planning MMLDC, Antipolo City March 17 19, 2009

15 Roadmap for

16 Prevention (Articles 5-14) OMBUDSMAN Integrity Development Review Anti corruption researches Review of gifts policy under R.A BAC Observer Feedback Handling Capacity building thru Center for Asian Integrity COMMISSION ON AUDIT Selective pre audit and comprehensive audit Risk based audit approach Electronic National Government Accounting System Philippine Government Accounting Standards

17 Prevention (Articles 5-14) CIVIL SERVICE COMMISSION OFFICE OF THE PRESIDENT OTHER EXECUTIVE AGENCIES Performance Management System; Service/Citizen s Charter; Rules on Transparency & Disclosure; Statement of Assets and Liabilities; Values Formation Harmonization of IRR of Government Procurement Reform Act Cascading of Guidelines on Internal Control Systems Tripartite Code of Conduct on Public Procurement Streamlined processes; Improved Frontline Service; Customized Codes of Conduct

18 Prevention (Articles 5-14) Evelio B. Javier Foundation, Inc. Council for Restoration of Filipino Values Philippine Association of Professional Regulatory Boards PLDT UP NCPAG Strengthening of local mechanisms for effective CSO participation in public procurement Moral recovery program and Monitoring of public bidding Complaint Desk/Hotline Promotion of business sector ethical conduct Publication of anticorruption modules

19 International Cooperation (Art ) Department of Justice Amendment of P.D (Extradition Law) Domestic legislation on MLA in criminal matters Forging more extradition treaties and mutual legal assistance treaties (MLATs) Activities to increase awareness among judges on importance of international legal cooperation

20 Asset Recovery (Art ) Issuances on measures to prevent and detect transfers of proceeds of corruption Amendment of R.A and enhancement of cooperation with foreign and domestic law enforcement agencies and financial investigating units (FIUs)

21 Philippine Summit on the UNCAC

22 Technical Assistance Needs Tools and methodologies to measure efficacy of legal measures; model legislative/administrative measure on corrective action for failure to install internal control system and failure to observe risk management (Prevention) Legislative drafting, legal advice and provision for model legislation to criminalize active and passive bribery of foreign public officials and officials of public international organizations (Criminalization)

23 Technical Assistance Needs Assistance on legislative drafting, model legislation and expert advice concerning measures for direct recovery of property, mechanisms for recovery of property through international cooperation in confiscation and return and disposal of assets (Asset recovery); Expert advice on international best practices on extradition and mutual legal assistance; toward this end, we will also be needing assistance on legislative drafting and model legislation with the objective of amending our domestic extradition law (International cooperation)

24 Thank you for your attention!