Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by public officials, but the government did not implement these laws effectively, and officials frequently engaged in corrupt practices with impunity.
President Duterte spoke frequently and forcefully about his desire to fight corruption and fired public officials, including political allies, over allegations of corruption. In August the president fired 20 high level AFP officials at the V. Luna Medical Center near Manila for alleged corrupt practices, including ghost purchasing, circumventing mandatory bidding processes, and using fake suppliers.
Corruption: To combat corruption, the constitution establishes the independent Office of the Ombudsman, an appellate level anticorruption court, and the Commission on Audit. All three organizations were underresourced, but they actively collaborated with the public and civil society and appeared to operate independently and to use their limited resources effectively. Despite government efforts to file charges and obtain convictions in a number of cases, officials continued to engage in corrupt practices with relative impunity.
Investigations into the 2014 “pork barrel” scandal about the diversion of congressional funds to fake NGOs continued domestically and internationally. A foreign government indicted Janet Napoles for transferring 1.07 billion pesos ($20.0 million) obtained from a bribery and fraud scheme. The Office of the Ombudsman had filed charges in the Sandiganbayan against a number of persons in the affair, including congressional representatives, NGO officials, and private individuals.
From January to September, the Office of the Ombudsman had won 436 convictions in 578 corruption cases. This was a dramatic increase in both convictions and cases tried compared with the same period in 2017. The reasons for the change were unclear as of December.
A former Officer-in-Charge and Regional Executive Director of the Department of Environment and Natural Resources was convicted and sentenced to six years in prison and disqualification from public office for soliciting 2.5 million pesos ($46,800) for the issuance of free patents over public lands in General Santos City. A former senior accountant of the Manila International Airport Authority was convicted and sentenced to nine to 12 years in prison with perpetual disqualification from holding public office for receiving 3.49 million pesos ($65,300) from a contractor with several projects with the authority.
Financial Disclosure: The Code of Conduct and Ethical Standards for Public Officials and Employees requires all public officials and employees to file, under oath, a Statement of Assets, Liabilities, and Net Worth (SALN) and to disclose their personal business interests and financial connections, as well as those of their spouses and unmarried children living in their households. Nondisclosure is punishable by imprisonment not exceeding five years, a fine not exceeding 5,000 pesos ($93.50), or both, and, at the discretion of the court, disqualification from holding public office. The Civil Service Commission implements and enforces the law, forwarding nondisclosure cases to the Office of the Ombudsman for prosecution.
Supreme Court Chief Justice Maria Lourdes Sereno’s alleged failure to submit all required SALN documents when she applied for the position in 2012 was the basis for a petition challenging the legality of her tenure. An 8-6 majority of the court voted in favor of the petition, ousting her from office in June. Legal analysts took issue with the decision, arguing that failure to submit SALN documents has a one year statute of limitations and that the use of a petition by the court violated Congress’ exclusive constitutional role in removing impeachable officials.