
Roberto: Lessons from decades in combatting corruption.

As corruption exists everywhere in this world, the lessons and exchange of best practices are shared through association and cooperation with other ASEAN countries. Management of events of this nature with the ( SEA-PAC) South East Asia Parties Against Corruption and (AOA) Asian Ombudsman Association which entailed various aspects of holding such conventions and consequently, reinforced not only my organisational, interpersonal skills and such other traits to ensure its success. The same things were also practiced and observed that further refined these skills when my office hosted the (UNCAC) United Nations Convention Against Corruption and (APEC) Asia Pacific Economic Cooperation in the area of Transparency and Governance.
Over the years, I have often come across social media posts and media articles that discussed corruption in government or in corporations. So I'm writing this to summarise insights, knowledge and practices as they have become pertinent in the system of governance and way of life to those in power and position in either sector.
Part One
Corruption is defined as the abuse of power and position for material gain and benefit.
Whether one works in the government or in the private sector, one either experiences corruption, or has seen its commission and or has been or was involved in corruption.
The question is, does a person knowingly or unknowingly commit corruption? How does a person know if it is being done knowingly? If it is being committed unknowingly?
Self-awareness... if you know what values and virtues you possess, can that person be corrupt?
Are there some cultures that can make one to be corrupt? Cultures are inherent to each of us... these are handed down from generations to generations....some maybe good and some maybe bad but one cannot deny his own culture. Can a culture be wrong? Is it always right?
In our work, we strive to do our best and often, we go the extra mile to extend assistance. This holds true in public assistance and in customer service. However, we often hear that this certain official is charged with corruption. You become curious on what he had committed to be accused of the crime.
Let me discuss further as the cases may be familiar or exist in the private sector.
Part Two
There are two kinds of corruption:
1. Criminal
2. Administrative
These are the Common Acts and Malpractices based under Philippine Laws classified as Criminal Cases in the government sector:
1. Direct Bribery - agreeing to commit a crime in connection with his office in consideration of any offer promise or gift
2. Indirect Bribery - mere acceptance of gifts by reason of office
3. Qualified Bribery - wherein an officer is entrusted with law enforcement but refrains from arresting and prosecuting an offender of a crime punishable by imprisonment for a number of years or death in consideration of any offer or gift
4. Corruption of public official - offering, promising or giving of gifts to a public officer
5. Fraud against the public treasury - an individual with official capacity enters into agreement or schemes to defraud the public treasury
6. Malversation of public funds or property - misappropriation by an accountable public officer of public funds or property either intentionally or by negligence
7. Prohibition on private individuals - a family or close personal friend of a public official that takes advantage of his relationship with the public official by requesting or receiving any gift or money from any person having some transaction with the government where the public official is involved
8. Prohibition on certain relatives - wherein it is unlawful for the spouse or any relative of the President, Vice Pres., Senate President or Speaker of the House of Representatives to be involved in any business or contract with the government
9. Prohibition on Members of Congress - unlawful for any member of Congress to receive any financial interest in any private business which is specially favoured or benefitted by any law or resolution recommended by him or passed by the Congress
There are officials who get extremely wealthy when in public service or in the private sector for having committed these acts
Part Three
What is Plunder? Any public official who used his official functions to obtain ill-gotten wealth wherein:
1. He/she or any member of his family is the offender or other persons who assisted in the completion of the crime
2. Can be one act or a series of acts
Amount considered as Plunder - at least PHP50 Million (as of today, approx USD860,000)
What is Unexplained Wealth? A public official or employee obtains property the amount of which is beyond his means or actual salary - this is where a public official whether elected or appointed submits his Statement of Assets and Liabilities every year ... however, there are several ways to skin a cat
Maria Victoria Roberto can be contacted through LinkedIn : https://www.linkedin.com/in/maria-victoria-roberto-3637741ab
Part Four
Grave Offences classified as Administrative Cases based under the Philippines Laws.. these give an idea that it also happens in corporations:
1. Dishonesty - the act which shows lack of integrity or a disposition to defraud, cheat, deceive or betray
2. Gross neglect of duty - the carelessness or unintentional failure to exercise diligence in the performance of official duty
3. Grave misconduct - breach of established and definite rule of action, more particularly, illegal or unlawful behaviour
4. Moral turpitude - involving acts contrary to justice, honesty, modesty or good morals
5. Falsification of official document - the misrepresentation of a fact stating that a thing is true when it is not, in official documents
6. Nepotism - appointment in any branch of the government, made in favour of a relative, within the third degree by consanguinity or affinity of the appointing authority
7. Oppression -an act of cruelty, severity, unlawful exaction, domination or excessive use of authority
8. Disgraceful or immoral conduct - acting in a manner which is shameless, and which shows moral indifference
9. Inefficiency - implies negligence, ignorance and carelessness
10. Incompetence - the lack of ability, legal qualification or fitness to discharge the required duty
11. Being always absent or late for work or loafing during the hours of work
12. Gross insubordination - total disregard of instructions and refusal to obey the orders of the superior officer
13. Disclosing or misusing confidential or classified information known to him to further private interests or give undue advantage to anyone
What is Loafing? Also known as loitering. it's the act wherein the employee is physically present but hops from one table to another disturbing one who is busy at work... it also connotes that as recorded, he is supposed to be present but physically is not in the office because he is some place else/ outside the office doing personal errands.
Sources: A Citizen' s Primer on Whistleblowing; and A Self- Check Manual for Combating Corruption
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