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REVISED-OMB-PFA-with-RA-6713.pptx

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REVISED-OMB-PFA-with-RA-6713.pptx

  1. 1. Manindigan kontra katiwalian
  2. 2. Integrity, Transparency and Accountability in Public Service BRANCHES OF THE GOVERNMENT CONSTITUTIONAL BODIES LEGISLATIVE JUDICIARY EXECUTIVE Office of the President DOJ DSWD DA DILG DND DITC DOTour Etc Senate House of Representatives Etc. Supreme Court Court of Appeals RTC MTC, MCTC MTCC Etc. CSC COA COMELEC OMB CHR
  3. 3. Integrity, Transparency and Accountability in Public Service Organizational Structure DEPUTY OMBUDSMAN FOR MOLEO DEPUTY OMBUDSMAN FOR VISAYAS DEPUTY OMBUDSMAN FOR MINDANAO OMBUDSMAN DEPUTY OMBUDSMAN FOR LUZON OVERALL DEPUTY OMBUDSMAN OFFICE OF THE SPECIAL PROSECUTOR
  4. 4. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against officers or employees of the Government … (Section 13, RA 6770, Art. XI, Sec. 12, Constitution) MANDATE Integrity, Transparency and Accountability in Public Service
  5. 5. Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. (Section 15 (1), RA 6770) JURISDICTION Integrity, Transparency and Accountability in Public Service
  6. 6. All elective and appointive officials of the government agencies, including Members of the Cabinet, local government, GOCCs, except over officials who may be removed only by impeachment, members of Congress, and the Judiciary. (Section 21, RA 6770) DISCIPLINARY AUTHORITY Integrity, Transparency and Accountability in Public Service
  7. 7. INVESTIGATIVE AUTHORITY 1. Over impeachable officers for purposes of filing a complaint for impeachment 2. Over private individuals in conspiracy with a public official or employee (Section 22, RA 6770) Integrity, Transparency and Accountability in Public Service
  8. 8. Integrity, Transparency and Accountability in Public Service Four Major Roles THE PROTECTOR OF THE PEOPLE WATCHDOG MOBILIZER OFFICIAL CRITIC DISPENSER OF JUSTICE OMB
  9. 9. Integrity, Transparency and Accountability in Public Service MAJOR ROLES WATCHDOG It oversees the general and specific performance of official functions to the end that the laws are properly administered.
  10. 10. Integrity, Transparency and Accountability in Public Service MAJOR ROLES MOBILIZER It ensures that the government provides steady and efficient delivery of basic services and mobilizes the support of the citizenry to actively denounce graft.
  11. 11. Integrity, Transparency and Accountability in Public Service MAJOR ROLES OFFICIAL CRITIC It studies and evaluates existing laws, procedures and practices in the government with the end view of refining them.
  12. 12. Integrity, Transparency and Accountability in Public Service MAJOR ROLES DISPENSER OF JUSTICE It imposes administrative sanctions on erring government officials and employees, and prosecutes them in court for criminal offenses.
  13. 13. Integrity, Transparency and Accountability in Public Service MAJOR FUNCTIONS INVESTIGATION The Office exercises unique prerogatives . It has the power to conduct preliminary investigation of cases filed with the Office, as well as the authority to initiate the fact-finding investigation and gather evidence for case building.
  14. 14. Integrity, Transparency and Accountability in Public Service MAJOR FUNCTIONS PROSECUTION  The Office of the Special Prosecutor prosecutes cases filed with the Sandiganbayan  In Regular Courts, OMB prosecutors, and deputized regular court prosecutors handle the prosecution of cases.
  15. 15. Integrity, Transparency and Accountability in Public Service MAJOR FUNCTIONS ADMINISTRATIVE ADJUDICATION The Office has the authority to impose appropriate administrative sanctions such as suspension and dismissal against erring public officers and employees.
  16. 16. Integrity, Transparency and Accountability in Public Service MAJOR FUNCTIONS PUBLIC ASSISTANCE As a preventive measure against corruption, the Office extends assistance to citizens to secure both smooth and satisfactory delivery of government service.
  17. 17. Integrity, Transparency and Accountability in Public Service MAJOR FUNCTIONS GRAFT PREVENTION It is a pro-active approach intended to pre-empt or eliminate opportunities to commit graft and corruption
  18. 18. Integrity, Transparency and Accountability in Public Service CORRUPTION PREVENTION PROGRAMS 1. Corruption Prevention Unit (CPU) It is the OMB’s citizens arms in its crusade for clean and honest government. Non-partisan group, association or organization from any sector
  19. 19. Integrity, Transparency and Accountability in Public Service CORRUPTION PREVENTION PROGRAMS 2. The Resident Ombudsman Program Coordinating arm of the OMB in the different government entities in the implementation of an efficient and effective delivery of basic services to the public and in the promotion of the corruption prevention programs of the Office.
  20. 20. Integrity, Transparency and Accountability in Public Service CORRUPTION PREVENTION PROGRAMS 3. Integrity, Transparency and Accountability in Public Service (ITAPS) This is a seminar given to government employees which aims to espouse transparency, accountability in the disposal of one’s duties and responsibilities as a public servant.
  21. 21. Integrity, Transparency and Accountability in Public Service CORRUPTION PREVENTION PROGRAMS 4. Public Accountability Seminar This seminar is given to new government entrants and incumbent public officials. It aims to provide a venue whereby public service values are internalized and to enhance deeper understanding of the roles of public servants and the accountability attached to the position in the government.
  22. 22. Integrity, Transparency and Accountability in Public Service CORRUPTION PREVENTION PROGRAMS 5. The Campus Integrity Crusaders (CIC) Refers to any non-partisan school-based youth organization recognized by a secondary or tertiary educational institution and duly accredited by the Office of the Ombudsman
  23. 23. Integrity, Transparency and Accountability in Public Service The Campus Integrity Crusaders (CIC)
  24. 24. Integrity, Transparency and Accountability in Public Service Campus Integrity Crusaders (CIC) PURPOSE: To empower the youth in their involvement in corruption prevention initiatives by developing their leadership skills and instilling values of integrity and social responsibility.
  25. 25. Integrity, Transparency and Accountability in Public Service Campus Integrity Crusaders (CIC) SCOPE OF ACTIVITIES: The Office of the Ombudsman and CIC may jointly undertake activities to: a) Cultivate the virtues of uprightness, responsibility, honesty respect for authority and love of country b) Instill a sense of good citizenship and responsible leadership
  26. 26. Integrity, Transparency and Accountability in Public Service Campus Integrity Crusaders (CIC) SCOPE OF ACTIVITIES: The Office of the Ombudsman and CIC may jointly undertake activities to: c) Inculcate the basic principles of human rights and civic duties; d) Promote the integration of Corruption Prevention Education (CPE) teaching modules in the school curricula.
  27. 27. Integrity, Transparency and Accountability in Public Service Campus Integrity Crusaders (CIC) WHO MAY FILE A PETITION: Any non-partisan school-based student organization duly recognized by a private or public secondary or tertiary educational institution may apply for accreditation as a CIC
  28. 28. Integrity, Transparency and Accountability in Public Service Campus Integrity Crusaders (CIC) WHERE TO FILE A PETITION: The petition shall be filed with the Office of the Deputy Ombudsman for the Visayas through its Public Assistance Corruption Prevention Office (PACPO)
  29. 29. Integrity, Transparency and Accountability in Public Service Campus Integrity Crusaders (CIC) DOCUMENTARY REQUIREMENTS: 1. Application for Accreditation 2. Certificate of Recognition issued by the high school Principal or the College Dean of student affairs 3. List of organization’s officers and members 4. Name of the designated adviser to the organization with a letter of endorsement and commitment to as such for the period of accreditation signed by the principal /dean and adviser 5. Proposed activities for the applicable school year.
  30. 30. Integrity, Transparency and Accountability in Public Service Campus Integrity Crusaders (CIC) EVALUATION AND APPROVAL: The PACPO shall evaluate the petition and supporting documents and prepare a report, submit the same to the Deputy Ombudsman for endorsement to the Ombudsman or any duly authorized official for final decision. Upon approval of the petition, a certificate of accreditation shall be immediately issued. The certificate shall state the name of the accredited CIC and the designated CIC adviser
  31. 31. Integrity, Transparency and Accountability in Public Service Campus Integrity Crusaders (CIC) PERIOD OF ACCREDITATION: The accreditation shall be valid for the school year applied for an may be renewed for the succeeding school year subject to compliance with the same requirements under Section 5 © and the submission of a report of activities undertaken and duly noted by the CIC Adviser.
  32. 32. Integrity, Transparency and Accountability in Public Service Campus Integrity Crusaders (CIC) The accreditation shall be automatically revoked upon written notice of the cancellation by the school authorities of the CIC’s recognition as a student organization. Complaints against individual officers and members of the CIC shall be referred to the school authorities.
  33. 33. Integrity, Transparency and Accountability in Public Service Campus Integrity Crusaders (CIC) CIC Secretariat: The Community Coordination Bureau (CCB) of the PACPO in the Central Office shall serve as the CIC Secretariat with oversight monitoring functions. It shall coordinate with the PACPO of area/ sectoral offices and establish linkages with the DepEd, CHED and various educational associations. It shall maintain the official masterlist, updated profile and database of activities of all CIC’s
  34. 34. HON. PAUL ELMER M. CLEMENTE Deputy Ombudsman Office of the Ombudsman-Visayas DA – RFU 7 Compound., M. Velez St. Cebu City ATTY. CARLA JURIS NARVIOS-TANCO Assistant Ombudsman Public Assistance corruption prevention bureau (PACPB) (032) 253-8609 / 416-6134 / 412-1629
  35. 35. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives. (Section 1, Article XI, 1987 Constitution)
  36. 36. 1. COMMITMENT TO PUBLIC INTEREST  Public interest over and above personal interest.  All government resources must be employed and used efficiently, effectively, honestly and economically.  Avoid wastage in public funds and revenues.
  37. 37. 2. PROFESSIONALISM • Perform and discharge their duties with highest degree of excellence, professionalism, intelligence and skill. • Enter public service with utmost devotion and dedication to duty. • Endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.
  38. 38. 3. JUSTNESS AND SINCERITY • Public officials and employees shall remain true to the people at all times. • Act with justness and sincerity and shall not discriminate against anyone especially the poor and the underprivileged. • They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. • They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with appointments considered strictly confidential or those whose terms are co-terminous with theirs.
  39. 39. 4. POLITICAL NEUTRALITY Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference.
  40. 40. 5. RESPONSIVENESS TO THE PUBLIC • Public officials and employees shall extend prompt, courteous and adequate service to the public. • They shall provide information on their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules & procedure, avoid red tape.
  41. 41. 6. NATIONALISM AND PATRIOTISM • Public officials and employees shall at all times be loyal to the Republic and to the Filipino people. • promote the use of locally produced goods, resources and technology. • encourage appreciation and pride of country and people. • endeavor to maintain and defend the Philippine sovereignty against foreign intrusion.
  42. 42. 7. COMMITMENT TO DEMOCRACY • Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability and manifest by deeds the supremacy of civilian authority over the military. • They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party.
  43. 43. 8. SIMPLE LIVING • Public officials and employees and their families shall lead modest lives appropriate to their positions and income. • They shall not indulge in extravagant or ostentatious display of wealth in any form.
  44. 44. PHASES OF LIFESTYLE PROBE Identification of Targets / Subjects Data Gathering Confirmation / Validation Fact-Finding / Case Building Formal Preliminary Investigation Filing of Petition / Information in court
  45. 45. Statement of Assets & Liabilities Financial Disclosure Sec.8 (a) of R.A. 6713 Must be filed : 1.Within thirty (30) days after assumption of office; 2.On or before April 30 of every year thereafter; 3.Within thirty (30) days after separation from the service
  46. 46. Section 5 (a) of R.A. 6713 Act promptly on letters and requests. All public officials and employees shall, within fifteen (15) working days from receipt thereof respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request.
  47. 47. PROHIBITED ACTS & TRANSACTIONS (Sec. 7 of R.A. 6713) (a) Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office.
  48. 48. Prohibited Acts & Transactions. . . . (b) Public officials and employees during their incumbency shall not: (1) Own, control, manage or accept employment as officer, employee, consultant, counsel broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law.
  49. 49. Prohibited Acts &Transactions… (2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided that such practice will not conflict or tend to conflict with their official function
  50. 50. Prohibited Acts & Transactions… (3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.
  51. 51. Prohibited Acts & Transactions… ( c ) Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public, either: to further their private interest, or give undue advantage to anyone or to prejudice the public interest.
  52. 52. Prohibited Acts & Transactions… (d) Public officials and employees shall not solicit or accept, directly or indirectly, any gift gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.
  53. 53. (a) Violations of this act shall be punished with a fine not exceeding the equivalent of six (6) months’ salary suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing. PENALTIES:
  54. 54. (b) Violations of Section 7 (Prohibited Acts and Transactions), Section 8 (Statements and Disclosure) Section 9 (Divestments) of this act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000.00) or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold office. PENALTIES:
  55. 55. Any violation hereof, proven in a proper administrative proceedings shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution instituted against him. PENALTIES:
  56. 56. CORRUPT PRACTICES OF PUBLIC OFFICERS Section 3 of Republic Act No. 3019
  57. 57. (a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duty of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. CORRUPT PRACTICES OF PUBLIC OFFICERS
  58. 58. CORRUPT PRACTICES OF PUBLIC OFFICERS (b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself for any other person, in connection with any contract or transaction between the government and any other party, wherein the public officer in his official capacity has to intervene under the law.
  59. 59. ( c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any government permit or license, in consideration for the help given or to be given. CORRUPT PRACTICES OF PUBLIC OFFICERS
  60. 60. CORRUPT PRACTICES OF PUBLIC OFFICERS (d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.
  61. 61. CORRUPT PRACTICES OF PUBLIC OFFICERS (e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial function through manifest partiality, evident bad faith or gross inexcusable negligence.
  62. 62. CORRUPT PRACTICES OF PUBLIC OFFICERS (f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.
  63. 63. CORRUPT PRACTICES OF PUBLIC OFFICERS (g) Entering on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.
  64. 64. CORRUPT PRACTICES OF PUBLIC OFFICERS (h) Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.
  65. 65. CORRUPT PRACTICES OF PUBLIC OFFICERS (i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of the board, panel or group of which he is a member, and which exercises discretion in such approval even if he votes against the same or does not participate in the action of the board, committee, panel or group.
  66. 66. CORRUPT PRACTICES OF PUBLIC OFFICERS (j) Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.
  67. 67. CORRUPT PRACTICES OF PUBLIC OFFICERS (k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.
  68. 68. REQUIREMENTS FOR OMB CERTIFICATION OF NO PENDING CASE  Retirement / Resignation/Promotion/Travel, NBI 1. 2 copies UPDATED SERVICE RECORD (Original and/or certified true copies, indicating the effective date of retirement/resignation) 2. photocopy of ID 3. Processing Fee 4. Accomplished application form  Death Claim 2 copies SERVICE RECORDS and 2 copies DEATH CERTIFICATE *submission: for non-military personnel, 90 days prior to date of retirement… for AFP personnel, 6 months before retirement date
  69. 69. Violations of Section 3 of this Act shall be punished with imprisonment for not less than six (6) years and one (1) month nor more than fifteen (15) years, perpetual disqualifications from public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and other lawful income. PENALTIES:
  70. 70. Republic Act No. 9485 (The Anti-Red Tape Act of 2007) Reengineering of Systems and Procedures All office and agencies which provide frontline services are hereby mandated to regularly undertake time and motion studies, undergo evaluation and improvement of their transaction systems and procedures and re- engineer the same if deemed necessary to reduce bereaucratic red tape and processing time.
  71. 71. Republic Act No. 9485 (The Anti-Red Tape Act of 2007) Citizen’s Charter All government agencies shall set-up their respective service standards to be known as Citizen’s Charter in the form of information billboards, which should be posted at main entrance of offices at the most conspicuous place, and in the form of published materials written either in English, Filipino, or in the local dialect that detail:
  72. 72. Republic Act No. 9485 (The Anti-Red Tape Act of 2007) Citizen’s Charter  The procedure to obtain a particular service;  The person/s responsible for each step;  The maximum time to conclude the process;  The documents to be presented by the customer, if necessary;  The amount of fees, if necessary; and  The procedure for filing complaints.
  73. 73. Republic Act No. 9485 (The Anti-Red Tape Act of 2007) (a) Light Offenses 1. Refusal to accept application and/or request within the prescribed period or any document being submitted by a client; 2. Failure to act on application and/or request or failure to refer back to the client a request which cannot be acted upon due to lack of requirements within the prescribed period
  74. 74. Republic Act No. 9485 (The Anti-Red Tape Act of 2007) (a) Light Offenses 3. Failure to attend to clients who are in the premises of the office or agency concerned prior to the end of official working hours and during lunch; 4. Failure to render frontline services within the prescribed period on any application and/or request without due cause;
  75. 75. Republic Act No. 9485 (The Anti-Red Tape Act of 2007) (a) Light Offenses 5. Failure to give the client a written notice on the disapproval of an application or request; and 6. Imposition of additional irrelevant requirements other than their listed in the first nottice.
  76. 76. Republic Act No. 9485 (The Anti-Red Tape Act of 2007) (a) Light Offenses First Offenses: Thirty (30) days suspension without pay and mandatory attendance in Value Orientation Program; Second Offenses: Three (3) months suspension without pay; and,
  77. 77. Republic Act No. 9485 (The Anti-Red Tape Act of 2007) (a) Light Offenses Third Offenses: Dismissal and perpetual disqualifications from public service. (b) Grave Offenses Fixing and/or collusion with fixers in consideration of economic and/or other gain or advantage.
  78. 78. Republic Act No. 9485 (The Anti-Red Tape Act of 2007) (b) Grave Offenses Penalty: Dismissal and perpetual disqualification from public service. (c ) Criminal Liability for Fixers Fixers shall suffer the penalty of imprisonment not exceeding six(6) years or a fine not less than P20,000.00 but not more than P200,000.00 or both fine and imprisonment at the discretion of the court.

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