Download Utang na Loob

ETHICAL AND SOCIAL ISSUES IN
CORRUPTION IN LAW
ENFORCEMENT
by
ATTY. ALAN R. CAÑARES
Ethics is the discipline dealing with
what is good and bad or right and
wrong or with moral duty and
obligation.
(Webster’s Third New
International Dictionary)
Why is there a need to
discuss ethics?
Graft and corruption is basically an
ethical problem; a moral issue which
has deep cultural roots. The greatest
damage of corruption is not the loss of
public money but the loss of a national
sense of right and wrong.
Corruption is worse than
prostitution. The latter might
endanger the morals of an
individual, the former invariably
endangers the morals of the entire
country.
Karl Krauss
The ultimate end in a corrupt act
is the pursuit of happiness.
What is then the real evil in graft
and corruption?
GREED
Greed is the desire to obtain more
money, wealth or material possessions
than one needs. Greedy individuals are
often believed to be harmful to society
as their motives often appear to
disregard the welfare of others.
(http://en.wikipedia.org)
Why do some officials corrupt
themselves?
The commission of graft and corruption is
often traced to poverty, low income, need
for decent life, or instinct to survive. But
graft and corruption is essentially an evil
brought about by greed, materialism, or
discontentment.
J. van Klavern : Root of corruption
lies
in
the
apetitus
divitiarum
infinitus, the insatiable avarice that
is one of the human weaknesses.
HUMAN WEAKNESSES
•
anger
•
envy
•
lust
•
sloth
•
avarice
•
pride
•
gluttony
MATERIALISM
VANITY
GREED
DISCONTENT
ENVY
APATHY
Greed is especially most evil in a land of
scarcity. As St. Thomas Aquinas puts it “it is
a sin directly against one’s neighbor, since
one man cannot over-abound in external
riches, without another man lacking them.”
Three Forms of Greed
An obsessive desire for ever more
material goods and the attendant power
A fearful need to store up surplus goods
for a vaguely defined time of want
A desire for more earthly goods for their
own sake
Definitions of Corruption
Asian Development Bank :
Corruption is the
abuse of public or private office for personal gain.
It involves behavior on the part of officials in public
or private sector, in which they improperly and
unlawfully enrich themselves and/or those close to
them, or induce others to do so, by misusing the
position in which they are placed.
Carl Friedrich : Corruption can be said to exist
whenever a power holder is, by monetary or
other rewards not legally provided for, induced to
the actions which favor whoever provides the
rewards and thereby does damage to the public
and its interest.
Syed Alatas : Corruption is a form of subordination
of public interest to private aims involving a
violation of the norms of duty and welfare
accompanied by secrecy, betrayal, deception and
a callous disregard for any consequences suffered
by the public.
D.H. Bayley : Corruption is the general term
covering misuse of authority as a result of
consideration of personal gain which need not be
monetary.
Graft vs. Corruption
Graft (internal)
- parasite-host relationship
parasite – public official
host – government
Corruption (external) - predator-prey relationship
predator – public official
prey – public
Conflict between ethical and legal
standards :
There are corrupt acts which are deemed
unacceptable by the people but also falls within
the ideal acceptable behavior according to
culture.
Positive Traditional Filipino Values
Pakikisama
Pakikibagay
Utang na Loob
Hiya
Timbang ng Dugo
Pakikisama is the need to associate
or get along with others. A person
who does not show pakikisama is
often ostracized for not being a
part of the team or group.
Pakikibagay is the need to adjust to
circumstances, conditions, or
personalities. A person who does not
show pakikibagay usually branded as
an isolationist or simply out-of-thisworld.
Utang na Loob is an act of
gratitude. Utang na loob is bigger
in magnitude than ordinary debt
because personalities are involved.
An ungrateful person is usually the
subject of distrust.
Hiya is the need to act according
to one’s regard of other people’s
sensitivity. People are ordinarily
expected to be sensitive of the
feelings of others or be branded
as makapal ang mukha.
Timbang ng dugo means that family
interest is superior to other interest as
a result of close family ties. The
greatest conflicts are those involving
members of the family. Failure to
protect the interest of family members
is usually seen as a form of betrayal.
Society expects or obliges each
member to conform to traditional social
practices as
standards of ethical
behavior. Any departure from the social
norm is considered deviant behavior
and is dealt with accordingly.
Negative reactions of the society to any
deviant behavior:
• pagsaway
• pagtikis
• pagsumbat
• pag-usig
• pagganti
When positive traditional values are
carried to the extreme by people in
government, graft and corruption is bred.
Corruption transcends all cultures. There
are certain practices in our society that
seem to have been accepted because
we have not been enforcing the rules.
Filipino practices with deep cultural roots:
1. Lagayan or suholan
2. Palakasan or sipsipan or lakaran
3. Tulugan or saka na lang or mamaya na
4. Lutuan or laglagan or gapangan or sulutan
5. Aregluhan or ayusan or arboran or lusutan
6. Bigayan or tanggapan
Typology of pagtanggap
1. Regalo or bigay or tip
a. “wala lang” – future (pakikisama)
b. “kapalit” – present (hiya)
c. “kabayaran” - past (utang na loob)
2. Padulas (grease money) / langis
3. Hingi / Pitik / Kamig / Arbor
4. Amot / Huthot / Dekwat / Nenok / Buriki/ Umit
5. Kickback / Porsyento / SOP / For the Boys / Kupit /
Komisyon/ Subi
Typology of pagtanggap
6. Lagay / Suhol
7. Kotong / Tong
8. Kikil /Dugas
Gifts may come in various forms:
Money
Token
Free meal
Donation
Simulated sale
commodatum
Discounts
Entertainment
Travel
Scholarship
Sexual favors
Other advantages
Jose Almonte : Corruption roots from the lack of the
concept of common good, the use of public
resources as if they were private, every man for
himself, lack of a feeling of oneness and
nationalism. Because of our lack of nationalism,
our behavior is taken over by narrower values:
kanya-kanyahan, utang na loob, lagay-lakad-lusot
strategies, ethnic loyalties, extreme familism and
personalism.
Moral Dilemma:
Honesty versus Loyalty
Two types of loyalty or allegiance
1. Horizontal or dog loyalty – loyalty to
a small group of people due to
adherence to traditions or in
expectation of personal benefits.
2. Vertical or cat loyalty – loyalty to a
large group of people due to
personal
ideology,
belief,
conviction, etc.
kapamilya
kamag-anak
kaibigan
LOYALTY/ALLEGIANCE
TO A SMALL GROUP OF
PEOPLE
kasama/kagrupo
(horizontal or dog loyalty)
kababayan
kabaro/kapanalig
kakilala
PNP
LOYALTY/ALLEGIANCE
TO A LARGE GROUP
OF PEOPLE
(vertical or cat loyalty)
Phil. government
lipunan (society)
bansa (nation)
sangkatauhan
(humanity)
Loyalty Spectrum:
kasabwat
karamay
kakuntsaba
kaagapay
kampon
katuwang
kasapakat
kabalikat
kasangkot
katulong
Lack of loyalty or allegiance to a large
group of people is due to selfish goals in
enlistment in law enforcement.
Commonly cited reasons for enlistment in
law enforcement:
• power
• income
• prestige
• security
• convenience
• loyalty to an ideology, institution or nation
• pride in excellent work
• desire to serve the public interest
AKRASIA
Weakness of will
There are very few evil men in government but
many who succumb to the weakness of the will.
Akrasia refers to acting in a way that is
contrary to one’s own best interest.
Akratic behavior assumes that:
Individuals make decisions on a rational
basis;
Individuals make decisions based only
on what is good for themselves;
Individuals know what is in their own
best interests.
Characteristics of Akrasia
• exaggerated sense of entitlement
- “I deserve this (and even more)”
• engaging in self-deception
- “I’m a good person; I’m immune.”
• rationalization of deviant acts
- “Everyone else is doing it.”
Four Character Types
•
Bad
•
Uncontrolled
•
Self-Controlled
•
Excellent
The Bad
• Preys on others
• Only concern is for himself
• Actively seeks out corrupt activities
• Misuses power for personal gain
• Predisposed to corruption
• Engages in major criminal acts
The Uncontrolled
•
Can be bought for a price
•
Even though the officer does not seek out
corrupt activities, will take what is offered
•
Responsible for the code of silence
because this officer will not inform on
another officer
The Self-Controlled
•
Does the right thing but not for the right
reason—the officer is afraid of being caught
•
Tension between duty and desire
•
Should this officer abandon development of
correct moral habits, the officer may yield to
an easier, less ethical decision
•
Actions would not be the same if invisible
(Plato: Ring of Gyges)
The Excellent
•
Respects and loves honesty
•
Knows who he is and what he stands for
•
Will never be purposely unethical
•
Exhibit proactive honesty
•
Incorruptible
Character Excellence
A person of excellent character has achieved the
disposition to:
-- do the right thing
-- in the right way
-- at the right time
-- for the right reason
A person of excellent character
determines what is right through
moral reflection, acts on that
discernment openly, even at
personal cost.
Who am I?
•Strong leadership skills
•Quick decision makers
•Athletic
•Ability to empower others
•Need to control
•Left-hemisphere thinkers
•Idea generators
•Conceptualizers
•Focused on future
•Expressive
•Motivators
•Unstructured
•Undergoing change
•Searching for something new
•Learning and growing
•Open to new ideas
•Unpredictable
•Detail oriented
•Highly organized
•Loves factual data
•Follows directions
•Completes projects
•Resists making decisions
•Left-hemisphere thinkers
•Social “people persons”
•Pleasers
•Team players
•Strong interpersonal skills
•Good communications
•Right-hemisphere thinkers
Your typical jobs?
•Executive
•Manager/supervisor
•Entrepreneur
•Hospital/school administrator
•Politician
•Law firm partner
•Union organizer
•Military officer
•Strategic planner
•Artist/performer/poet
•University professor
•International sales
•Inventor
•Musician
•Promoter
•Public relations agent
•New bosses
•New graduates
•Entrepreneurs
•Entry level employees
•Performers
•People in mid-life crisis
•New retirees
•Accountant
•Administrator
•Administrative assistant
•Doctor
•Teacher
•Computer programmer
•Government worker
•Bank teller
•Teacher/trainer
•Nurse/doctor
•Salesperson
•Secretary
•Mental health professional
•Human resources manager
•Camp counsellor
Although graft and corruption can be traced to
the moral depravity of some officials, corrupt
officials can only act within a corrupt system that
breeds the evils of graft and corruption. Even the
most righteous and virtuous people in
government may succumb to temptation given
the opportunities for committing graft and
corruption.
One rotten apple spoils the whole barrel.
Unless the system is checked to eliminate the
opportunities to commit the acts, graft and
corruption will continue to thrive. Removing a
few rotten apples from the barrel will not arrest
further spoilage as there would always be
apples left to rot inside the barrel given the
optimum conditions which speed up the ripening
process.
If you think fighting corruption is
next to impossible, try
SUICIDE.