|
The last
time, I pointed out the more frequent ways the antigraft
law (RA 3019) is violated by both the public and private
sectors. Today I will point out some more ways by which
that law can be violated.
The
following are addressed to a public official’s family or
friends:
The law
is violated where a person with close family or personal
ties to the public official should capitalize or take
advantage of such relation by directly or indirectly
receiving—merely requesting is enough—a gift or material
advantage from any person doing some business or
applying for something with the government, where the
public official has to intervene by reason of his
position.
Close
family ties means relatives up to the third civil degree
of consanguinity or affinity. Close personal ties means
such friendly relationship with the public official as
to give the friend free access to the official.
The law
is also violated where a similarly placed relative of
the four highest officials of the land, namely, the
President, the Vice President, the Senate President and
the House Speaker, or their spouses, should directly or
indirectly intervene in any business transaction,
contract or application with the government.
However,
no violation occurs where: (a) the relative had already
been dealing in the same business with government even
before the public official to whom he is related had
assumed office; (b) the transaction, contract or
application was already pending before the assumption to
office; (c) the approval of the application is not
discretionary upon the relative-official but depends on
compliance with requirements spelled out by law or
regulations; or (d) the intervention was lawfully done
in an official capacity or in the exercise of a
profession.
The last
may be a loophole in the law, because all that the
unscrupulous persons desiring an edge against others
pursuing the same contract or application with the
government have to do is to employ the law office or
public-relations firm of the close relative of the high
public official and ask him to act as their lawyer or PR
consultant. However, this must be reconciled with other
provisions of the same law, such as the prohibition
against a public official or any member of his family
accepting employment in a private enterprise with a
pending business transaction with the official
concerned.
However
one makes of that provision, it certainly places the
public official or any other concerned government
official in a tight fix, as he is enjoined by other
laws, such as the code of conduct for government
officials (RA 6713), to refrain from favoring anyone and
discriminating against others, and doing things that
would picture officialdom as a peddler of patronage.
He is
also enjoined to always act with justness, in accordance
with good morals and with the highest degree of
professionalism. All that may mean for the public
official, beset with the appearance of a close relative
in his office, a principled avoidance of all situations
actually or potentially rife with conflicts of
interests.
****
I welcome feedback at ombproper@ombudsman.gov.ph. The
above is meant only as a general guide, and the
assistance of counsel must be sought for specific advice
as to rights and obligations in actual cases. |
