Philippine Experience on the - oecd.org

1 Philippine Experience on the UNCACMa. Merceditas N. GutierrezOmbudsman, republic of the PhilippinesPresented during the ADB OECD 14thSteering Group Meeting and Regional Seminar on Political Economy of Corruption10 Sept. 2009 Self-AssessmentInitiativesFocus Group DiscussionsFGD on Criminalization Nov. 4 5, 2008 FGD on International Cooperation Nov. 6 7, 2008 FGD on Asset Recovery Nov. 11 12, 2008 FGD on Prevention Nov. 13 14, 2008 FGD on Technical Assistance Nov. 25 26, 2008 Highlights of Self-AssessmentPrevention 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 SystemHouse of Representatives Committees People s Participation Good Government and Public Accountability Government ReorganizationPreventionArticle 5, par.

2 3 Periodic review of relevant legal instruments and administrative measuresSenate Committees Civil Service and Government Reorganization Accountability of Public Officers and InvestigationsMembership in various international organizations geared towards improving performance and preventing corruption in the public sectorPreventionArticle 5, par. 4 Collaboration with international and regional organizationsArticle 15. Bribery of National Public Officials Art. 210 212 (Rev. Penal code ) Sec. 3, 3019 (Anti Graft & Corrupt Practices Act) Sec. 7, 6713( code of Conduct & Ethical Standards) republic Act No. 9485 (Anti Red Tape Act) Article 17. Embezzlement, Misappropriation, or Other Diversion of Property by a Public Official 7080 (An Act Defining & Penalizing the Crime of Plunder) Art. 217 220, Revised Penal code Sec. 3, 3019 (Anti Graft & Corrupt Practices Act)CriminalizationArticle 25.

3 Obstruction of Justice 1829 (Penalizing Obstruction of, Apprehension & Prosecution of Criminal Offenders) Sec. 36, 6770 (The Ombudsman Act of 1989)CriminalizationCONVICTION RATEA rticle 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 treatyInternational CooperationPrevention & Detection 9160, as amended (AMLA) various circulars of the BSP and AMLCT aking Action Based on Foreign Confiscation Orders Sec. 13, 9160, as amended (AMLA)Returning Property to Requesting States Sec. 13, 9160, as amended (AMLA)Asset RecoveryMedium-Term PlanningSubic International HotelFeb. 25 27, 2009 TWC PlanningMMLDC, Antipolo CityMarch 17 19, 2009 Roadmapfor 2009-2011 Prevention (Articles 5-14)OMBUDSMANI ntegrity Development ReviewAnti corruption researchesReview of gifts policy under 6713 BAC Observer Feedback HandlingCapacity building thru Center for Asian IntegrityElectronic National Government Accounting System Philippine Government Accounting Standards COMMISSION ON AUDITS elective pre audit and comprehensive auditRisk based audit approach Prevention (Articles 5-14)CIVIL SERVICE COMMISSIONP erformance Management System; Service/Citizen s Charter; Rules on Transparency & Disclosure;Statement of Assets and Liabilities.

4 Values FormationOTHER EXECUTIVE AGENCIESOFFICE OF THE PRESIDENTH armonization of IRR of Government Procurement Reform Act Cascading of Guidelines on Internal Control SystemsTripartite code of Conduct on Public ProcurementStreamlined processes;Improved Frontline Service; Customized Codes of ConductPrevention (Articles 5-14)Evelio B. Javier Foundation, of local mechanisms for effective CSO participation in public procurementCouncil for Restoration of Filipino ValuesMoral recovery program and Monitoring of public biddingPhilippine Association of Professional Regulatory BoardsComplaint Desk/HotlinePLDTP romotion of business sector ethical conductUP NCPAGP ublication of anticorruption modulesInternational Cooperation (Art. 43-50)Department of JusticeAmendment of 1069 (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 Asset Recovery (Art.)

5 51-59) Amendment of 9160 and enhancement of cooperation with foreign and domestic law enforcement agencies and financial investigating units (FIUs) Issuances on measures to prevent and detect transfers of proceeds of corruptionPhilippine Summit on the UNCACT echnical 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)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.

6 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) Thank you for your attention!