Table of ContentsThe Nature of BureaucracyBureaucracy as Civil ServiceModern Concept of BureaucracyGoodnow and Wilson’s Public AdministrationPublic Administration as Weberian BureaucracyTheories of BureaucracyLiberal or Rational Administrative ModelConservative or Power Bloc ModelNew Right or Government Oversupply ModelOrganization of BureaucracyDepartmentDivisionsNon- Department Public Body
..Table of ContentsThe Case of QuaNGOsRegulatory AgencyRepresentative BureaucracyFunctions of BureaucracyAdministrationRegulation and LicesingPolitical StabilityAdvisory RolesThe Issue of AccountabilityCivil Service in the Philippines
..Table of ContentsAppointment in Civil Service CommissionGoals of the Civil ServicePrime Duty of Public Officers and EmployeesProhibitions on Double CompensationExemption on Dual CompensationCategory of Civil ServiceThe Rights of Civil Service Officials and EmployeesProhibitions Against Public Officer and EmployeeException on NepotismPublic Office a Public Trust
..Table of ContentsThe Culture of CorruptionBureaucracy in New DemocraciesOmbudsmanTowards a New Public ManagementChallenges in Public SectorGovernment Facilitates Private Sector
The Nature of BureaucracyBureaucracy would literally mean ‘rule byofficials’. The word bureau came from the oldFrench term, meaning a broad cloth used tomantle a desk or an agency. Kiratos asadditional word to it is a Greek origin meaningto rule. Nowadays, it is understood thebureaucracy refers to the salaried officials whoconduct the business and intricates ofgovernment (and the private sector) advisingon, and applying to, policy decisions.
Bureaucracy as Civil ServiceBureaucracy is also known as the civil serviceworking in operation or the “permanentgovernment”. It is also engaged in a moertheoretical way as a model for organizingpublic administration. It is one way to organizepublic management in any political system ofthis modern world. Byt the word bureaucracy isoften used with a negative or pejorativeconnotation of a red tape or general distaste.
The civil service or bureaucracy is a major institution in democratic governance. Its ideal role in a democracy is described as follows:The best bureaucracy is one whose expertise is utilized andtamed for higher democratic purposes. The best imaginablesystem is one where an executive with the will tosubstantiate democracy is assisted by a bureaucracy thatbelieves in this goal and does all it can to achieve it. Thepolitical leadership would hardly find a civil service ready-made for its needs, the public interest not being somethingout there just waiting to be picked from a tree. Therefore, itmust develop the democratic means that will enable thebureaucracy to fulfill its mission, even as the latter from itsown view tries to modifty its policies-to align them with theprocedures and practices it is used to, to ensure that that itwill not be left out of benefits, and to proffer its own ideas ofwhere the society should be healed. (Carino, 1992 cited inAbueva. 1998)
Modern Concept of BureaucracyIn broad term, bureaucracy may also connotepublic sector – the public service or publicadministration. Public sector covers allgovernment employees whose salary andcompensation are paid directly or indirectlyfrom public funds. However, the public sectorincludes several areas not normally regardedas part of the civil service such as the armedforces and the teachers. Civil servants arethose who worked inside the government andare engaged in shaping or more commonly inexecuting government policies.
Meanwhile, Albrow in Heywoods (2001) identified seven modern concepts of bureaucracy:a. Bureaucracy as rational organizationb. Bureaucracy as organizational inefficiencyc. Bureaucracy as a rule by officialsd. Bureaucracy as public administratione. Bureaucracy as administration by officialsf. Bureaucracy as organizationg. Bureaucracy as modern society
To some extent, these contrasting concepts and usages reflect the factthat bureaucracy has been viewed differently by various academicdisciplines. Students of government for example would traditionally regardbureaucracy in a literal sense to mean ‘rule by the bureau’ that is rules byappointed officials. In the field of sociology, bureaucracy has typicallybeen understood as a particular type of organization, as a system ofadministration rather than a system of government. In the social sciences,in general, the concept of bureaucracy is used in a more specific andneutral sense but refers to phenomena as different as rule by non-elected officials, the administrative machinery of the government, and arational model of organization. Despite disagreements about its locationand character, it is generally accepted that abstract organization and rule-governed professional organization are features of bureaucracy. Thereare fewer difficulties with the use of the term bureaucracy in the field ofcomparative government.
Bureaucracy therefore in this sense can befound not only in democratic and authoritarianstates but also in trade unions, churches,armed forces, business corporations and soon. Still, yet the term bureaucracy, to many,suggests a negative meaning that isadministrative inefficiency or in short, red tape.It is a fact that the organization of bureaucracyis one of the most pressing problems inmodern politics.
Goodnow and Wilson’s Public AdministrationThe politics of ‘spoils became the precursor ofbureaucratic organization. Spoils system is aterm deriving from the phrase’ to the victor of thespoils’. Spoils meant that successful candidates,including newly elected presidents, wereexpected to distribute government jobs who hadtaken the trouble to support their campaigns. Thespoils system continued at least to employ andcontrol government employees. Recruitment isbased on merits and fitness and shunspatronage politics.
Public Administration as Weberian BureaucracyGerman sociologist, Max Weber (1864- 1920)viewed bureaucracy as a unique form oforganization found not just in government butalso in all aspects of human organizations in asociety. Weber conceived of bureaucracy as astructured hierarchy in which salaried officialsreached rational decisions by applying explicitrules to the facts before them. For him,bureaucracy is an ideal type.
He pointed out a set of principles that should characterized bureaucratic organizations:1. There is a firmly ordered hierarchy that ensures that lower offices are supervised by specificed higher ones within a chain of command;2. Each office has its own area of expertise, specialization or competence;3. Authority is impersonal vested in the rules that govern official business. Decisions are reached by methodically applying rules to particular cases; where private motives are impertinent;4. People are recruited to serve in the bureaucracy on the basis of metris and fitness;5. Bureaucratic rules are strict enough to regulate personal discretion;6. The office in the bureaucracy is considered a public trust; and7. Civil servants are salaried employees according to rank.
Weber central claim was the bureaucracy madeadministration more efficient and rational; hebelieved that it was the means by which modernindustrial efficiency could be brought to bear on civilaffairs.For Weber, the ideal bureau was a fine piece ofadministrative machinery. But like many moderndevises, bureaucracy brought the risks of dominatingits supposed masters. Weber’s contribution wastherefore to pose a question of relationship betweenbureaucracy and democracy, an issue that agitatedmuch discussion about bureaucracy in the twentiethcentury politics.
In Weber’s view the growth of bureaucratizationwas further stimulated by the pressures ofdemocratization, which resulted in the weakeningof ideas of tradition and privilege, and replacedthem with a belief in an open competition andmeritocracy. He believed that the process ofrationalization would ensure that all industrialsocieties whether nominally capitalist orcommunist, would increasingly resemble eachother as they adopted bureaucratic form ofadministration.
Theories of BureaucracyThere are at least three treaties of bureaucracynamely: rational-administrative model,conservative power bloc model, andbureaucratic oversupply or New Right model.Liberal criticized bureaucracy for its want ofaccountability and openness. Marxistscriticized it as an apparatus of classsubordination and the New Right theoristsregard bureaucracy as innately inefficient andself-serving organization.
1. Liberal or Rational Administrative ModelThe inner characteristics of Weberian bureaucraticframework is rationality in view of the fact thatbureaucratization manifests effective, efficient andpredictable social organization. Organizationalefficiency would be achieved through professionalcivil service, once that is responsive and neutral indealing with its administrative functions.Bureaucratization strengthens hierarchical authoritysince directives and commands would be exercisedfrom top manager rather than from the masses. Inshort, rational administrative model served a highlystratified authoritarian society.
But Weberian model has also its potential danger as cited by Heywoods (2001) in this regard:The domination of the bureaucratic ideal couldbring about a “pigeon-holding of the spirit” asthe social environment become increasinglydepersonalized and mechanical. Reason andbureaucracy could therefore become “ironcage” confining human passions and individualfreedoms.
Some political scientists argued that bureaucraticagencies are fast becoming pressure groupsthemselves. Far from being neutral and passiveadministrators, bureaucrats are active participants inthe formation of laws and policies. Elected andappointed executives are often entirely dependent onthe data and advise that career civil servantsprovide, Leaders, in effect, become followers. Civilservants frequently lobby legislators to get theprograms they want. It is a fact that it is too difficult tocontrol and manage bureaucracy ideally regardlessof where it is observed and practiced. That is thereason why bureaucracy often connotes a negativeterm.
2. Conservative or Power Bloc ModelPower bloc model is a socialist discourse,particularly Marxism. Karl Marx has not definedhis thesis on bureaucracy the way Weberpropagated his bureaucratic theory. To Marx.Bureaucracy is somehow associated to thespecific requirement of capitalism. He seesbureaucracy as an instrument through whichbourgeoisie interests are promoted on onehand, and the capitalist system defended onthe other hand.
The view of bureaucracy is rather conservative. As Ralp Miliband, a neo- Marxist, puts it in this wise:Top civil servants are conservative in the sense they arewithin their elected sphere, the conscious and unconsciousallies of existing economic and social elites. This happensfor a number of reasons. Most obviously despite the formalrequirements of political neutrality, top civil servants sharethe same educational and social background asindustrialists and business managers, and are thereforelikely to share their ideas, prejudices and general outlook.The possibility that rising civil servants may harbor radical orsocialist sympathies is also encountered by recruitment andpromotion procedures designed to ensure their ideologicalsoundness (Heywoods, 2001)
The failure perhaps of Marxist conception aboutbureaucracy is that it regards the problem ofbureaucratization in socialist states in a minimalconsideration. For Marx and Engels, “this problem waseffectively discounted by the assumption that thebureaucracy, with the state, would wither away as aclassless, communist society came into existence. Thisleft Marxism open to criticism by social scientists suchas Weber and Michels who argues that bureaucracy isa broader social phenomenon, and one that socialistemphasizes on common ownership and planning couldonly strengthen it. The experience of the twentiethcentury communism made it impossible for Marxistthinkers to continue ignoring this problem”.
3. New Right or Government Oversupply ModelThe emergence of rational choice and public choice theoryushered in a new understanding and concept of bureaucracybased on the sightings of the New Right theorists. They believedthat bureaucracy was simply inefficient and overly self-serving.William Nickanen argued that senior bureaucrats regardless oftheir image as public servants are primarily motivated by careerself-interest and thus seek an expansion of the agency in whichthey work and an increase in its budget. This is becausebureaucratic growth guarantees job security, expands promotionprospects, improves salaries and brings top officials greaterpower, patronage and prestige. For New Right advocates, theyalso believed that quite simply, “unless bureaucratic power can bechecked or circumvented, any attempt to pursue free marketpolicies is doomed to failure”.
Organization of BureaucracyThe organization of a government bureaucracyincludes the department, the divisions orbureaus, and the non- departmental publicbody.
1.DepartmentThe first important organizational units of bureaucracyor big government is the department. A governmentdepartment or ministry refers to an administrative unitover which a minister exercises direct managementcontrol. It is usually structured as a formal hierarchyand often established by a statue. In most countries,many departments form part the stable core of centralgovernment. They pursue the traditional tasks ofgovernment; example, finance, defense, law and order,foreign affairs, education, social welfare and so on.
2. DivisionsThe second organizational unit comprises thedivisions, sections or bureaus into whichdepartments are divided. These are operatingunits of the department or government whichare responsible to the ministers but often withconsiderable autonomy in practice. They arealso known as the powerhouse of thedepartments where expertise resides and inwhich detailed policy is both formulated andimplemented.
3. Non- Department Public BodyThe third unit is the non-departmental publicbody that “operates at one or more entities that issemi-independent from the government, in anattempt to provide management flexibility andpolitical independence. Sometimes calledquangos or the quasi non- governmentalorganizations. These some detachedorganizations combine public funding withoperational autonomy. They are growing innumbers and in significance in modern politicalsystems”.
The Case of QuaNGOsQuangos over bodies with executive functions of varyingkinds, as well as advising committees and tribunals. Thequasi-autonomous status of quangos means that they arepart of arms-length government. Their non- governmentalcharacter means that they are not part of non-elected state.Quangos have positive advantages: they reduce the burdenof work of official government departments and agenciesand allow government to call on the experience, expertiseand specialist knowledge of outside advisers. However, theyare likewise criticize for they weaken democraticaccountability by reducing the ability of representativeinstitutions to oversee the working of government and theyexpand the range of ministerial patronage and so contributeto the centralization of power.
Advancing Weberian’s concept of bureaucracy, itshows that departments are planned ororganized usually in a clear chain of command orin hierarchical authority. A minister, other called ita secretary, sits at the apex of governmentorganization but often assisted in largedepartments by junior ministers orundersecretaries with responsibilities for specificdivisions. A senior civil servant is responsible foradministration and for forming the crucial bridgebetween political and bureaucratic levels.
Meanwhile in the Philippines, governmentowned or controlled corporations or theregulatory boards or agencies are non-departmental public bodies. Suchcorporations occupy an ambivalent positioncreated and funded by the government butin contrast to divisions within a departmentthey are free from day to day ministerialcontrol. Once appointed by the government,the members of such bodies are expectedto operate with considerable authority.
Therefore, for some reasons non-departmental public bodies are established:a. To operate with leverage or more flexibility than would be acceptable for a division of a ministry or department;b. To provide protection or (semi) independence from political influence;c. To acknowledge the professional or technical/skilled states of staff employed in them; andd. To become a mechanism of the government as a response to a short term pressure to do something about a problem.
Regulatory AgencyRegulatory agencies or bodies are the most important non-departmental public bodies. They refer to organizations thatare charged (normally by statute) with regulating not justnewly privatized sectors but also any aspect of social lifewhere a public interest is held to be at sake such as naturalmonopoly like electrical supply, water provision,broadcasting and so forth. According to Harrop (2001)newly privatized companies are subject to detailedregulation especially when –as with telecommunicationcompanies- they inherit a dominant market share. Thehope, at least, partly reflected in reality, is that regulatoryagencies will act as a buffer between the government andthe regulated bodies reducing the excessive interventionswhich held back many government corporations.
In organizational and administrativesetup, to some extent managerial help usorganize better public administration.
Therefore, we should organized our public administration in a manner that would maximize come desirable traits:a. Honest, accurate translation of political leaders’ decisions into more specifically designed policies. This addresses the problem of making sure that political leaders control at least the broad outlines of policy.b. Flexibility in dealing with special cases at the point of delivery. While administrators should be obedient to top directions from above, but they should not be slavishly obedient.c. But this flexibility should not be used arbitrarily. Arbitrary action or actions taken capriciously. Without regard to the truly important circumstances of a case.d. Feedback of expert advises active imagination and assertive inquiry on the part of the administrators. It is hope that administrators will know more about their areas of work than anyone else and that they will not hang back from sharing their expertise with the public and with their political leaders.e. Efficiency. It is hoped that all of these can be done without costing too much.
However, it is to be stressed that itfollows there is no one best way toorganize public administration. Variousmodes of organization will emphasizeone or another of these good things.Therefore, under varying circumstances,varying mode may be preferred.
Representative BureaucracyIt has been observed that the bureaucracy in most countriesis unrepresented, meaning the bureaucracy is not staffed bythe representation of all sectors of the society. In Westernworld, the typical high-level civil servant is a male graduate,form an urban background and from a middle or upper classfamily that was itself active in public affairs (Aberlach,etal.,1981).In many European countries with a codifies law tradition, alegal training is common among higher bureaucrats.Therefore, a particular form of technical expertise in law. InGermany alone, over 60% of top with only 20% lawyers inthe bureaucracy.
The theory of representative bureaucracyclaims that a civil service recruited fromall sectors of society will produce policiesthat are responsive to the public and, inthat sense, democratic (Meier 1993).
Recruitment in the civil service has evolved with the development of Weberian Bureaucracy:In a departmental specialist system, recruiters follow a differentphilosophy from the generalist approach of, say, Britain. They look forspecialist experts for individual departments, with more movement in andout of the civil service at a variety of levels. The Finance Ministry willrecruit economists and the Department of Health will employ staff withmedical training. Recruitment is tor particular posts, not to an elite groupsor corps. This model is common in countries with a weak state in whichthe administration lacks the status produced by centuries of service topre-democratic rulers. The United State, Netherlands and New Zealandare examples. In the Netherlands, each department sets each ownrecruitment standards, normally requiring training or expertise in its ownarea. Once appointed, mobility within the civil service is limited. Staffswho remain in public service usually stay in one department for theirentire career (Andeweg and Irwin 1993 as quoted in Haque, 2001). Thenotion of recruiting talented young graduates to an elite, unified civilservice is weak or non-existent (Haque, 2001)
The question of representativebureaucracy is debatable as stressed inthe book of Martin Harrop in 2001.
Three arguments support the thesis that a bureaucracy should reflect the social profile of the population thus:1. Civil servants whose work involves direct contact with specific groups will be better at the job if they also belong to that category. A shared language is the most obvious example but the point can perhaps be extended to ethnicity and gender.2. A civil service balanced between particular groups, such as religions or regions may encourage stability in divided societies, such as Northern Ireland.3. Democracy is said to involve government by and not just for, the people. A representative civil service, involving participation by all major groups in society, will enhance the acceptability of decisions.
However, the principle of recruitment on meritis fundamental to public administration andshould not be abandoned in favor of socialengineering. The public interest is best servedby selecting the best people for the job,irrespective of their background. The correctsolution to under-representation is not possiblediscrimination but improving the qualificationsof the excluded minorities.
Functions of BureaucracyThe primary function of modern governmentbureaucracy is the execution and enforcement oflaws made by the legislative department and thepolicies promulgated by the executive agency. Itspecifically includes administering. Advisoryroles, providing for political stability, regulatingand licensing, among others. Old governmentbureaucracies perform at least two of these basicfunctions, with some bureaus specializing andsome carrying out multiple functions.
1. AdministrationAdministration is the task of coordinating of executingpolicy. It is the main function of governmentbureaucracy that is the execution of laws and policiesenacted by the state. Administration is theimplementation of public policy and because it involvespolicy decisions, it also entails rule-making power. Itshould be distinguished that the responsibilities ofpoliticians is toward policy making and for bureaucratsadministrative responsibilities that range fromimplementation of the delivery of basic services to theregulation of economy, the granting of licenses and theprovision of information gathering and dissemination.
In relation to the responsibilities of civil servants,they also initiate campaign to publicize their workand educate the public on the benefits andobjectives of a program. However, the style ofadministration changes from one country to another.In Britain, both the executives and administratorssupervise officials help formulate legislation as wellas help their ministers respond to questions pose bymembers of Congress. In China, the CommunistParty acts as a watchdog over the works of thebureaucrats. All administrative leaders are partymembers who are engaged in decision-making, andall offices have party people on them.
2. Regulation and LicensingA bureaucracy also pursues the function of regulatingservices to protect and promote the interest of the generalpublic by establishing guidelines and keeping standards onthe run. Specific statutes or laws usually organize regulatoryagencies. However, government agencies or departmentsmay also set up non-statutory organizations to offer adviseor provide an executive function in specialized areas ofactivity. Haque (2001) noted, “whether a particular functionis handled by a statutory or non-statutory body varies bycountry but non-statutory examples might include specificadvisory panels, research funding committees, arts councilsand training boards.
Although much of their work is routine, non-statutorybodies still attract recurring if sometimes longestcriticism. In contrast to bodies established under thelaws they usually report to the sponsoring minister,not to assembly. Membership tends to be seen aspolitical patronage and accountability is regarded asopaque and intermittent”. Licensing is directlyconnected to regulation for it enables thegovernment to improve minimum standards orqualifications and administer the test in certain areaslike telecommunications, broadcasting, andtransportation and so forth.
3.Political StabilityGovernment bureaucracy provides focus forcontinuity and stability within the political system.This function is necessarily important amongdeveloping states, “where the existence of abody of trained career officials may provide theonly guarantee that government is conducted inan orderly and reliable fashion”. This guaranteeis precipitated by the fact that whileadministrators do come and go, bureaucrats orthe civil servants are rather permanent and theyare always there.
Professional career bureaucrats believed firmlythat they are in better positions to defining thecommon goal or the public interest closelythrough elected or appointed administrators.Thus, they have bigger propensity in resistingany radical change introduced by politicianssince they regard themselves as the protectorand promoter of the people’s general welfare.
4. Advisory RolesThe bureaucracy is the source of policy informationand the provider of advice to the government.Decisions are made on the basis of information.Information is crucial since it creates policy decisionsthat are factual and rational, and it determineswhether a law has been violated. There is a cleardistinction between politicians and civil servants interms of policy organizing, the politicians designedand made policies while the bureaucrats simply offeradvise. Therefore, the civil servants perform twofunctions: determine the policy options available, andreview policy proposals in term s of benefits anddisadvantages.
Heywoods (2002) argued on the significance of the policy roles of civil servants in this respect:Decisions are made from information gathered,and this means that the content of decisions isinvariably structured by the advice offered.Moreover, as the principal source of the adviceavailable to politicians, bureaucrats effectivelycontrol the flow of information. Politicians knowwhat civil servants tell them. Information can thusbe concealed or at least ‘shaped’ to reflect thepreferences of the civil service. The principlesource of bureaucratic power is nevertheless theexpertise and specialized knowledge thataccumulates with the bureaucracy.
The Issue of AccountabilityUnlike politicians who are elected, civil servantsbelong to the world of unelected governmentpersonnel who in contrast with the electedpoliticians cannot be accounted for their actionsin the same manner as the elected ones. Whilethere exits administrative law governing theirconduct with sanctions defined for erring civilservants that is from suspension to dismissal todisqualification from public office, it is stillcarefully carried out in the interest of protectingtheir security of tenure.
The issue still rests on accountability.Among elected officials public office is apublic trust. In government bureaucracy,how should civil servants be accountableto their actions? In Weberianbureaucracy, it is noteworthy to considerthe problem of controlling bureaucraticpower in a democracy.
Weber himself identified the danger ofpublic servants coming to dominate their elected masters:Under normal conditions, the power position ofa fully developed bureaucracy is alwaysoverwhelming. That political master findshimself in the position of the dillentante whostands opposite the expert, facing the trainedofficial who stands with the management ofadministration.
Accordingly, there are two forms ofaccountability: internal controls and externalcontrol. Internal control in the bureaucraticaccountability may take the form of ministerialdirection, formal regulation, competition betweendepartments and professional standards. In theother hand, external form of bureaucraticaccountability may be in the form of criticismsfrom the mass media, judicial branch orlegislative department and/ or the pressures fromthe ombudsman.
The bureaucracy’s role of adviser is not peculiar tothe United State; rather it is an inevitable feature ofthe modern industrial state. In France, for example,laws and presidential decrees are drawn up andpromulgated with the active assistance of thebureaucracy (particularly the Council of State) andcareer executives this have the opportunity to shapepolicy. Bureaucrats play a large role in the framing oflegislation in Germany. Since federal bureaucrats donot have to supervise field or branch offices, theycan devote their energies to policy matters. In fact,they are often successful in convincing their politicalsuperiors to accept their way of thinking on issues.
The doctrine of ministerial responsibilityor individual responsibility defines therelationship between ministers and theirdepartments, and ostensibly guaranteedthat the civil service is publiclyaccountable.
This doctrine is observed in mostparliamentary systems, mostly clearly in the UK, and has two key features:a. Ministers are responsible for the acts and omissions of their departments, maintaining the fiction that minister themselves make all the decisions taken in their name;b. Ministers are accountable to the assembly, in the send that they are answerable for anything that goes on in their departments, and are removable in the event of wrongdoing or incompetence by their civil servants.
In theory, ministerial responsibilityestablishes a chain of accountability thatlinks civil servants to the public viaministers and assemblies. In practice, itis often bent to the will of the governmentof the day.
But the ability of ministerial responsibilityto deliver political control also has some setbacks:a. It is impossible for ministerial oversight body to effectively look into the civil servants because of the huge size of bureaucrats, given the complexity of modern bureaucracy;b. Many ministers are unwilling to sacrifice their political careers by resigning as a result of blunders made by their officials, employees if not by themselves.
Civil servants should be maderesponsible to the people byadministering basic and social serviceswith utmost effectiveness, efficiency andeconomy. Accountability calls also forpunishing erring servants who areconvicted with administrative, civil andcriminal offenses.
Civil Service in the PhilippinesThe Civil Service refers to the body ofemployee in any government agency includingall employees of the government in general. Itcovers the Congress, the Judiciary, theExecutive Department, employees of localgovernment units and all other employees inthe government service. It is basically the workforce of the state.
“The Civil Service shall be administered bythe Civil Service Commission composed ofthe Chairman and two Commissioners whoshall be a natural born citizen of thePhilippines and, at the time of theirappointment, at least 35 years of age, withproven capacity for public administration,and must not have been candidate for anyelective position in the electionsimmediately preceding their appointment”.(Art. IX B Sec. 1, 1987 Phil. Constitution)
The Civil Service Commission was originally astatutory body under the 1935 Constitution. With theneed to professionalize the Civil Service andmaintain an effective, efficient and accountable civilbureaucracy, the Civil Service Commission isforthwith constitutionally established. Art. IX- Binstitutionalized the framework and the system of aworking bureaucracy providing for the creation,powers and functions and the limitations of thisconstitutional body as a mechanism that will securemerits and fitness in the government service and toprevent the so called “spoils system”.
Appointment in Civil Service CommissionAppointment in the Civil Service is based on themerit system determined by the competitive careerexamination, which is categorized into sub-professional examination and professionalexamination for higher administrative positions. Morequalified persons who are exempt from therequirement by the Civil Service Exam are stafftechnical and highly skilled positions in the service.They are called technocrats who specialized in theirchosen field or expertise and those devoid ofpartisan politics to assume relatively sensitive andtechnical offices (Art IX-B Sec. 1).
The scope of civil service bureaucracy is farand wide covering entirely the whole gamut ofgovernment force. Article IXB Sec. 2“appointments in the civil service shall be madeonly according to merit and fitness to bedetermined, as far as practicable, and exceptto positions which are policy determining,primarily confidential, or highly technical, bycompetitive examination”.
Likewise, the Constitution declares someprohibitions in the Civil Service agency which include, among others:a. No officer or employee of the civil service shall be removed or suspended expect for cause provided by law;b. No officer or employee in the civil service shall engage, directly, in any electioneering or partisan political campaign; andc. The right to self-organization shall not be denied to government employees.
Exempted in the civil service examination are positions that are policy determining, highly technical, primarily confidential.1. By policy determining, we mean that a position is reserved to someone who exudes competence in decision- making process and public policy system.2. By highly technical office, we mean that one should possess the technical and necessary skills and trainings in a related field. Professional and competent person fits this particular degree or office.3. By confidential position, we mean that the position requires not only confidence in the aptitude of the appointee for the duties of the officials, but close intimacy which ensures freedom of intercourse without embarrassment or freedom rom misgiving betrayals of personal trust or confidential matters of the state.
Goals of the Civil ServiceThe Civil Service Commission is the centralpersonnel agency of the Government (ArticleIX B Sec. 3).
It performs the following constitutional functions:1. To establish a career service;2. To adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness and courtesy in the civil service;3. To strengthen the merit and reward system;4. To integrate all human resource development programs for all level and ranks;5. To institutionalize a management climate conducive to public accountability; and6. To submit to the President and the Congress an annual report on its annual personnel programs.
Prime Duty of Public Officers and EmployeesAll public officers and employees shall take an oath oraffirmation to uphold and defend this Constitution(Article IX-B Sec. 4). The civil service agency is theextended authority of the President. As such, the CivilService is duty bound to enforce the law andimplement the same accordingly. The commissionedbody aims to instill the values of transparency,accountability and continuity in the provision of socialservices. In order to boost the morale of the civilservants, the Congress maintains salarystandardization among the government employees.
Sec. 5 declares that Congress shall providefor the standardization of compensation ofgovernment officials and employees, includingthose in government owned or controlledcorporation with original charters, taken intoaccount the nature of the responsibilitiespertaining to, and the qualifications required fortheir positions.
Prohibitions on Double CompensationHowever, there are certain prohibitions ofdouble compensation among the governmentemployees like Sec, 8 (1) which states: noelective or appointed public officer or employeeshall receive additional, double, or indirectcompensation, unless specifically authorizedby law, nor accept without the consent of theCongress, any present, emolument, office, ortitle of any kind from any foreign government.
Exemption on Dual CompensationAny public official or employee is prevented to receive double oradditional compensation expect in the following cases:1. Officers serving as chairman or as member of entities or enterprises organized, operated, owned or controlled by the government may be paid per diems for each meeting actually attended or when on official travel;2. Auditors and accountants;3. Provincial and municipal treasurers and their employees;4. Employees serving as observes of the PAG-ASA; and5. Those authorized to receive extra or additional compensation by virtue of the provision of the Act. (Act. No. 4187)
Category of Civil Servicea. Career Service. The career by entrance based on merit and fitness to be determined as far as practicable by competitive examinations based on highly technical qualifications, opportunity for advancement to higher career positions and security of tenure.b. Non-career Service. This is characterized by entrance on bases other than those of the usual tests of merits and fitness utilized for the Career Service and tenure which is limited to a period specified by law; or which is co-terminous with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular subject for which purpose employment was made.
The Rights of Civil Service Officials and EmployeesThe following are the rights of officials and employees of the Civil Service:1. They have the right to be protected from their conditions of work and are assure of living wages;2. They have the right to make organizations or associations among themselves but are prohibited to conduct strikes or rallies;3. No officer or employee of the civil service shall be dismissed expect through impeachment;4. They have the right to be paid regularly when they retired from service and to receive pensions and gratuities as provided by the law; and5. They have the right to overtime and holiday pays, including sick leave/ vacation leave with pay, maternity benefit allowances and other benefits.
Prohibitions Against Public Officer and Employee1. No civil servant, officer or employee shall be interested to work either directly or indirectly in any partisan political campaign;2. Law prohibits participation in any political activity. Public officials and employees should always be neutral in any parties or activities they are involved or engaged in;3. Public officials and employees alike are forbid to strike against the government regardless of any cause or reason;4. Under the Anti-Graft and Corrupt Practices Law, R.A. No. 3019, as amended states the prohibition of graft and corruption practices in relation to the conduct of government affairs;5. Prohibition against buying of any public auctioned at public sale;6. The forbidding of the law to appoint relatives/blood relations in the office;7. Unless justified by law, no elective/ appointive officer shall receive additional compensation without the consent of the Congress;8. No candidate who lost in any election shall, within one (1) year after such election, be appointed to any office in the government or any government-owned or controlled corporations, or in any of their subsidiaries. (Art IX Sec. 6); and9. No elective official shall be eligible, during his tenure, to be appointed or designated in any other either in an acting capacity or in permanent one.
Exception on NepotismThe restriction of appointing or recommending arelative up to the third civil degree either of affinity orconsanguinity in the national, provincial city andmunicipal governments or in any branch of governmentincluding government owned or controlled corporationsare prohibited except teachers, physicians, personsemployed in a confidential items and members of theArmed Forces of the Philippines provided that the fullreport of such appointment shall be made to thecommission concerned.
Public Office a Public TrustArt. XI Sec, I of the 1987 PhilippineConstitution:Public office is a public trust. Public officersand employees must at all times beaccountable to the people, serve them withutmost responsibility, integrity, loyalty, andefficiency, act with patriotism and justice, andlead modest lives.
A public office is the right, authority, and dutycreated and conferred by law; by which, for agiven period, either fixed by law or enduring atthe pleasure of the creating power, anindividual is invested with some portions of thesovereign functions of the government, to beexercised by him for the benefit of the public.Thus, a public office, in this respect, isexercised either by a public officer or anemployee.
“Public office is a public trust. No public officershall be beholden to his office. The office itselfconnotes service and accountability and in noway would he treat the office as an opportunityto enrich oneself and perpetuate his vestedinterest. Public office is not a property on whichone can claim jurisdiction but it is a position torender service upon which one shall displayintegrity, efficiency and patriotism”.
A public office has the following characteristics:a. It is a public trust;b. It is not a vested right;c. It is not a property; andd. It cannot be inherited
Officers and employees constitute the core of publicservice. In this respect, an officer is regarded thehead of a public office, one who has the authorityand command to exercise the powers and functionsof the office he represents. It involves the exercise ofone’s discretion in the discharge of the functionsentrusted to him by the government and its people.A public officer shall not be liable by way of moraland exemplary damages for acts done in theperformance of official duties, unless there is a clearevidence of bad faith, malice or gross negligence.
An employee refers to any person in the service of thegovernment of its instrumentalities. He is ordinarily aservant who acts on the basis of order, directives andperform roles to which he is assigned in the bureaucracy.As expressed by Justice Malcolm, the basic idea ofgovernment in the Philippines is that of a representativegovernment, the officers being mere agents and not rulersof the people, one where no one man or set of men has aproprietary or contractual right to an office, but where everyofficer accepts office pursuant to the provisions of law andholds the office as a trust for the people whom herepresents.
Public officers and employees must beaccountable to the people at all times. Thus, inGalman vs. Sandiganbayan, the SupremeCourt said: “(Public officials), justices andjudges (in particular) must ever realize thatthey have no consistency, serve no majoritynor minority but serve only the public interestas they see fit in accordance with their oath ofoffice, guided only by the Constitution and theirown conscience and honor”.
The Culture of CorruptionThe culture of graft and corruption is anadministrative issue since time immemorial,particularly in undeveloped yet democraticsocieties. Corruption is also regarded as quasi-legal term meaning a failure to carry out properor public responsibilities because of the pursuitof personal gain. In most cases, corruption hasa material or narrowly financial character, itsmost common political manifestation beingbribery or sleaze.
In general sense, corruption means thatsomething has been charged so that it nolonger meets its proper purpose. Regardingpolitics, corruption is understood with officialsperforming their public tasks improperly inorder to receive personal benefits. Butcorruption may also be present in privatecompanies since the question of corruptionoften involves bureaucrats.
Corruption and politics wreak havoc on anygovernment bureaucracy. The merit and fitnessprinciple on recruitment in any civil servicebureaucracy is supposed to weed out the incompetentand the corrupt. However in most underdevelopedsocieties, the failure to institutionalize an honest togoodness performance appraisal system made morethe government and its officials corrupt. Performanceappraisal system is an objective and fully operativemechanism by which to gauge the work performance ofpeople. The evaluation system will be the key tomaking continued service in government dependent onhow well one does his or her jobs.
Corruption in the public sector has deeproots and is therefore difficult to reduce oreradicate. The rising cost of elections andpolitical leadership abets corruption in a bigway. Less power and discretion of officialsin the interpretation of laws and rules canhelp to minimize it. Higher pay and higherstandards of public ethic with effective legaland media sanctions will help.
The countervailing powers of affected citizensand groups backed by the media will act asdeterrents. To some extent the incidence ofcorruption is a function of the level of economicdevelopment and of the citizens’ attitudestoward the public good and the meaning ofpublic service. The public and the media arewaiting for personal examples that corruptionat the higher levels of government does notpay will be severely punished.
Sto. Tomas noted the issue of management performance andaccountability. If we are to strictly improve performancestandards on the lower echelons then we should also do sofor the bosses. In the Philippines, she stressed:At present only the second level, and the first levelexecute performance control with their superior. Thesecontracts set forth in quantitative and qualitative detailwhat a particular employee will accomplish in a givenperiod. However, the third level of the career service,the governmental executives and managers, do notexecute such contracts.
We propose that senior managers be requiredto also enter into performance contracts. Thesecontracts will then be filed with their respectiveheads of offices and became public documentsavailable to anybody. Thus, an ordinary citizendissatisfied with a particular agency’sperformance can exert pressure on the agencyhead to improve his office’s performance byinvoking the performance contract by which thegovernment executive is bound.
The effects of corruption are indeed terriblebankruptcy of government operation andthis is something society should not allow.Some politicians serve not the public butrather cater for their vested ends. Politicalcorruption contributes to broader politicalinstability: poor social service provisions,very inefficient and ineffective civil service,greater economic disparity between the richand the poor.
They disregard the rule of law. The levelof corruption in an institution or politicalsystem varies from one state to anotherand is conditioned by factors includingthe general level of economicdevelopment, the level of administrativediscipline, and the effectiveness ofexternal checks.
Bureaucracy in New DemocraciesBureaucracy in authoritarian states is usuallycriticized as unaccountable, over powerful andcorrupt. Like the military, bureaucracy is apowerful force in non-democratic societies than itis in democracies. The institutions of democracylike political parties, elections and interest groupsare generally weaker in authoritariangovernments. Hurdling this difficult inheritance isto establish the supremacy of elected officialsover bureaucratic authority forms part thedemocratization.
Specifically, in democratic regimes, thejob is to move the civil service out ofhighly political mode of operation towarda more professionalize bureaucracy. To agiven extent, a more professionalizedbureaucracy can be seen in Weberianmodel, where appointment to suchservice is based on merits and fitness,somehow corruption is contained.
Among the developing economic bureaucracy economicsbureaucracy remains to be somehow problematic. But the civil service in general can be transformed to a potent institution for governance only if:1. It is not concerned so much with total size as with the appropriate and rational deployment of more of its members to areas providing direct services whether in national or local government units;2. Its size is no longer an issue since it is a major cost center, but government personnel are perceived as indispensable to government’s efforts to respond to specific public requirements;3. Its productivity is assured because it can attract and retain personnel whose performance is regularly evaluated and used as a basis for decisions on promotion and other rewards;4. It revises its internal systems and procedures in order to be oriented to achieving purposes and goals and not to imposing controls that do not accomplish their objectives but instead stifle creativity and innovativeness;5. It is able to maintain a level of honesty and accountability that is acceptable to its transacting public; and6. It earns the respect and attention of elected political leaders and public administrators who recognize its technical expertise and seek its advise, assistance and support on policy formulation and revision.
OmbudsmanIt is argued that in democracies, bureaucraticorganization can be made accountable, eitherformally or informally. One method is throughombudsman system. An ombudsman is apublic official who investigates allegations ofmisadministration in the public sector. Thisgovernment watchdog originated inScandinavia but it has been emulatedelsewhere though often with more restrictedjurisdiction and resources.
In the Philippines, the office of theOmbudsman is an independent and aconstitutional office, which cannot beabolished by the legislature. Theappointment of the Ombudsman and hisdeputies need no confirmation by theCommission on Appointments.
The composition of the Ombudsman shall be:1. The Ombudsman;2. One overall deputy;3. One deputy for Luzon;4. One deputy for Visayas;5. One deputy for Mindanao; and6. A separate deputy for the Military Service.
Towards a New Public ManagementNew Public Management (NPM) is a politicalcreed that redefines the role of the publicsector toward a more effective and cooperativeresponsibility with the business or the publicsector in a state. This refers then to the newmanagement technique of the governmentthrough transferring of government functions toprivate bodies.
This philosophy of new public management is“that government should steer (decide policy)while private bodies should row (deliver service),and that public bodies should be imbued with theentrepreneurial spirit”. The government now thenassumes a regularly functions to oversee theprivate sector work or deliver services accordingto certain standards, qualifications andlimitations, while effectively leaving the(regulated) provision of services to the businessentrepreneurs.
Hoods (1996) in Harrop (2001) thus enumerated some components of new public management as follow:a. Managers are given more discretion but are held responsible for resultsb. Explicit targets are set and used to asses resultsc. Resources are allocated according to resultsd. Departments are “unbridled” into more independent operating unitse. More work is contracted out to the private sectorf. More flexibility is allowed in recruiting and retaining staffg. Costs are cut in an effort to achieve with less
Perhaps, the best way to approach newpublic management is to considerOsborne and Gaebler “How theEntrepreneurial Spirit is Transforming thePublic Sector”.
This book outlined ten principles that government agencies should adopt to enhance their effectiveness:1. Promote competition between service providers2. Empower citizens by pushing control out of the bureaucracy into the community3. Measure performance, focusing not on inputs but on outcomes4. Be driven by goals, not rules and regulations5. Redefine clients as customers and offer them choices between schools, between training programs, between housing opportunities6. Prevent problems before they emerge, rather than offering services afterwards7. Earn money rather than simply spend it8. Decentralize authority and embrace participatory management9. Catalyze all sectors – public, private and voluntary – into solving community problems
Challenges in Public SectorPublic sector is now faced with the pressure of internal andexternal forces that are fast growing. The tradition of beingproviders of socio-economic services is no longer adequateto satisfy the people’s growing concerns for a better life.Aspirations of the governments, both the national and localunits may be frustrated as there are aspects of provisionalareas unattended to. This alarming issue demands that ourlocal governments today be more rational and functionalgiven their broad spectrum of powers and resources. It is inthis line that governments on both levels should adoptinnovative strategies and should not only act as providers ofservices but be ‘facilitating or enabling’ mechanisms forprivate sector, NGOs and people’s organization.
This term ‘enabling’ according to Hollin (citied inLazo, 1996), means non-adherence to any politicalorthodoxy, but adherence to the development ofdifferent and more flexible ways of operations whichare suited to meet the many and varied demandsnow placed on the public sector or the government.The ‘enabling authority’ is a term used to summarizeone vision of local government. Such an authority isconcerned with coordinating the provision of servicesand representing the community both within andbeyond its territory. Its role is strategic, with specificservices contracted out to private agencies, whethervoluntary or profit making.
A uniform prescription of social services among the localitiesis unlikely to provide solutions to the problems that eachlocal authority has to face. Each local government unitshould develop and design its own strategy geared atadvancing the welfare of the constituency. This is wherepartnership with NGOs and business sectors can betrapped. According to Peterson, a noted British scholar, “thepublic sector does not necessarily have to provide thecapital to finance productive investments in the local areas”.Likewise, the government does not have to own or buildindustrial parks, own or operate business industries or takeresponsibility for organizing informal sector. These are tasksbest left to the private sector.
Government Facilitates Private SectorGovernment can best support local and urbaneconomic growth by facilitating private sectorinvestment, not by acting as direct producers. Thus,they should facilitate a constructive private sectorrole. The country, especially the local units shouldrealize that both national and local governmentshave their hands full in financing and performing theirbasic service responsibilities. Urban developmentproceeds faster when governments concentrate theirresources on these core tasks rather than in trying tosupplant the private sector as direct investor andoperator of income- producing projects.
Significant policy issues raised bydemographic and social changes,economic trends in international tradeand growing environmental pressures,confront governments at all levels.
For local government to become ‘enablers’ theymust adopt appropriate policies and must considerthem with the context of their capabilities such as;1. A strategic rule sense of key policy issues facing local communities and their changing needs. Local policy makers must be willing and be able to initiate policy in a more comprehensive course of action to be undertaken by the private sector.2. Determining the most effective response to changes and more pressing needs. Provisions for local needs and services require deliberation in selecting the ways by which the local authorities can achieve their objectives.
3. Setting standards and monitoring performance ofthe private sector in providing services to the people.For example, privatization of electric supply in alocality must conform to standards of continuity andaccessibility: To achieve this, local authorities mustprovide guidelines for a discipline management. Inthe same way, monitoring of contract compliance isessential in ensuring the delivery of the promisedservice. Thus, both public and private sectororganizations must realize that it is essential to buildeffective cooperation so that they can satisfy theircustomer’ requirements.
4. Developing partnership. Local publicorganizations can collaborate in tandem withthe private sector by offering competitiveadvantages such as lower cost of doingbusiness, better access to markets, and askilled labor force. In providing public services,Local Government Units (LGUs) canencourage public-private networking.
An illustration of this is the Build OperateTransfer (BOT) scheme which was entered intoby the City of Mandaluyong, Philippines and theMacro Founders and Developers (MFD). TheMFD builds a six-storey public market buildingand then transfers it ot the city. The city thenconstructs the stalls inside the market, 50% ofthe stall construction to be financed by the city.Local entities must also exhaust other means tomeet the needs of the people with less burdenon the latter’s part.
5. Influencing, interpreting and implementing theregulatory framework. The establishment ofcommercial centers by the private sector is anaspect of ‘enabling and facilitating’ in order togenerate manpower force, increase householdincome and ensure that there is adequateopportunity for business and private individuals. Thelocal governments must provide for prevention ofpollution problems and ensure that thecorresponding taxes are paid. They must guaranteethat regulatory standards are consistently appliedand enforcement activities like inspection andperformance commitments are maintained.
The economic dictum that states thatgrowth stimulates further growth isapplicable in the local government setupas far as economic motivation isconcerned. The new decentralizationprogram implies growth through localgovernance. This is effected by directlyprovision of social services to localcommunities.
To stimulate further local economicdevelopments, local authorities must doaway with the traditional ethos of beingproviders. This spirit of changing the styleof LGUs is necessary since a localgovernment by itself can hardly provideefficient service. It needs other entities toensure efficiency.