PHILIPPINESCORRUPTION – THE SECONDARY “PANDEMIC” IN THE TIME OF
COVID, AND THE CHALLENGE OF FACING DUAL PANDEMICS
Luanne Ivy M. Cabatingan *I. INTRODUCTION
In the latest 1 Corruption Perception Index (CPI) of Transparency International, 2 thePhilippines ranks 117th worldwide, with a score of 33, 3 dropping two places from its 2020
ranking of 115th and scoring 1 point less. In fact, the Philippines ranks second among the“Most Significant Decliners” in the Asia-Pacific region, having declined 5 ranking spots since2014. 4 With the average score for the region being 45, the Philippines’ declining score, alreadyfar below the regional average, shows much to be done in the country’s battle against corruption.
Given the fact that the country’s rank (and score) in the CPI for both 2020 5 and 2021 have been
its lowest since 2012, one must wonder if the situation brought about by the Covid-19 6
pandemic 7 contributed to the worsening corruption in the country, and to what extent it hasdone so. From various news reports during the pandemic, the effect appears to be quite
significant, to the point that corruption has been likened more than once to the pandemic itself,and even said to be “deadlier” than Covid. 8 How, then, does a country embattled by a pandemic,
the likes and magnitude of which it has never faced before, deal with another, all-too-familiar“pandemic” at the same time?

*
Graft Investigation and Prosecution Officer III, under the Office of the Ombudsman – Visayas, Office of the
Ombudsman, Philippines.
1
For 2021.
2
Transparency International is a global movement working in over 100 countries to end the injustice of corruption.
<https://www.transparency.org/en/about>
3
Corruption Perception Index for 2021, <https://www.transparency.org/en/cpi/2021>
4“CPI 2021 FOR ASIA PACIFIC: GRAND CORRUPTION AND LACK OF FREEDOMS HOLDING BACKPROGRESS,” 25 January 2022, <https://www.transparency.org/en/news/cpi-2021-for-asia-pacific-grandcorruption-holding-back-progress>
5
Found in “PH further drops two places in 2020 Corruption Perception Index”, by Camille Elemia, Rappler, 28
January 2021, available at https://www.rappler.com/nation/philippines-rankings-corruption-perception-index2020/
6Previously known as 2019 Novel Coronavirus; otherwise known as Coronavirus Disease / disease caused by the
Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2),<https://www.who.int/emergencies/diseases/novel-coronavirus-2019/technical-guidance/naming-thecoronavirus-disease-(covid-2019)-and-the-virus-that-causes-it>
7
Defined as “the worldwide spread of a new disease.” Found in the article “Novel coronavirus: What makes anoutbreak a pandemic?” by Jodesz Gavilan, Rappler, 12 March 2020, available athttps://www.rappler.com/newsbreak/iq/254242-things-to-know-pandemic-definition-novel-coronavirus/
8“Corruption is deadlier than COVID-19,” Rufa Cagoco-Guiam, Philippine Daily Inquirer, 15 March 2021,<https://opinion.inquirer.net/138496/corruption-is-deadlier-than-covid-19>“Scale of corruption has become ‘pandemic-like’ during COVID-19 crisis, say experts,” Ina Reformina, ABSCBN News, posted online on 10 December 2020, <https://news.abs-cbn.com/news/12/10/20/scale-of-corruptionhas-become-pandemic-like-during-covid-19-crisis-say-experts>“Pandemic corruption,” Gerardo P. Sicat, The Philippine Star, 2 September 2020,<https://www.philstar.com/business/2020/09/02/2039392/pandemic-corruption>-- 117117 --SIXTEENTH REGIONAL SEMINAR ON GOOD GOVERNANCE

II. THE PHILIPPINES AND THE COVID-19 PANDEMIC
Then President of the Republic of the Philippines, Rodrigo Roa Duterte, declared a Stateof Public Health Emergency throughout the Philippines due to Covid-19 on 8 March 2020, by
virtue of Proclamation No. 922, Series of 2020. The Senate and House of Representatives,
prompted by said Proclamation, accordingly passed 9 Republic Act No. 11469 10 (otherwise
known as “Bayanihan to Heal As One Act”, or Bayanihan Act I, for brevity). While theaforesaid piece of legislation encompassed various areas which the Philippine legislative bodyfound essential in the country’s efforts to battle the pandemic, the highlight of Bayanihan Act
I was the authority given to the President to realign unused or unallocated funds from the 2020
national budget and utilize them to augment the budget for priority areas specified under saidlaw. A second “Bayanihan Act”, Republic Act No. 11494 11 (otherwise known as “Bayanihan
to Recover as One Act”, or Bayanihan Act II, for brevity), was subsequently passed, 12 whichin essence was mostly an “economic stimulus” intended to place the country on the track to(economic) recovery.
In line with the aforementioned laws, the different government agencies also came up withnumerous issuances to carry out the various directives and/or objectives of said laws. The
Department of Health (DOH), for instance, being the principal health agency in the country
and, therefore, at the forefront of the battle with the Covid pandemic, had a plethora of policy
issuances pertaining to Covid-19. 13 The Philippine Health Insurance Corporation (PhilHealth,for brevity), the primary health insurance provider in the country, being responsible for theadministration of the “National Health Insurance Program,” has a dedicated “Covid” page,
where one could find its various issuances and other information (such as health care packages/ benefits) pertaining to Covid-19. 14
At the heart of both Bayanihan Acts is the provision of assistance, subsidies and other formsof socioeconomic relief to low-income households and other individuals or sectors, such as
displaced workers / employees. The key agency tasked with the distribution of such assistance/ subsidies / relief is the Department of Social Welfare and Development (DSWD). There areseveral programmes for the distribution of financial and other forms of assistance and services
to affected individuals and communities, involving DSWD in coordination and collaboration
with other national government agencies such as the Department of Labor and Employment(DOLE), Department of Trade and Industry (DTI), Department of Agriculture (DA),
Department of Finance (DOF), Department of Budget and Management (DBM), andDepartment of Interior and Local Government (DILG), which programmes are known by thecollective term “SAP”, short for “Social Amelioration Program.” 15 More precisely, it is the
Passed by both Senate and House of Representatives on 23 March 2020; signed into law by President Rodrigo
R. Duterte on 24 March 2020.
10
An Act Declaring the Existence of a National Emergency Arising from the Coronavirus Disease 2019 (COVID19) Situation and a National Policy in connection therewith, and Authorizing the President of the Republic of thePhilippines for a Limited Period and Subject to Restrictions, To Exercise Powers Necessary and Proper to Carry
Out the Declared National Policy and for Other Purposes
11
An Act Providing for COVID-19 Response and Recovery Interventions and Providing Mechanisms to
Accelerate the Recovery and Bolster the Resiliency of the Philippine Economy, Providing Funds Therefor, andfor Other Purposes
12
Passed by the Senate on 20 August 2020 and the House of Representatives on 24 August 2020; signed into law
by President Rodrigo R. Duterte on 11 September 2020.
13
DOH Covid-19 policies can be found here: https://doh.gov.ph/COVID-19-policies
14
PhilHealth’s Covid-dedicated page can be found here: https://www.philhealth.gov.ph/covid/
15
DSWD’s page for Frequently Asked Questions (FAQs) on SAP, in Filipino, can be found here:
https://www.dswd.gov.ph/frequently-asked-questions-on-sap/
9- 118 - 118 -PHILIPPINES“Emergency Subsidy Program” (ESP) of the SAP which encompasses the provision of cash or
non-cash subsidy to 18 Million (low-income) household beneficiaries, in the total amount of atleast PhP5,000.00, but not exceeding PhP8,000.00, per month for two months, intended forbasic food, medicine and toiletries of the target beneficiaries. Special Guidelines were issued
in relation thereto, specifically Joint Memorandum Circular (JMC) No. 1, Series of 2020,
executed by and between DSWD, DOLE, DTI, DA, DOF, DBM and DILG. These involved
agencies also had various issuances in relation to the implementation of the aforesaid JMC andthe particular social amelioration programmes administered by their respective agencies
pursuant thereto.
In the country’s recovery efforts, these various agencies also had programmes / initiatives
and/or other forms of assistance or services. The DSWD, for instance, had the Educational
Cash Assistance, which aimed to extend financial assistance to qualified indigent students. 16
DOLE, on the other hand, had “TUPAD” 17 (which stands for Tulong Panghanapbuhay sa Ating
Disadvantaged / Displaced Workers), while DTI also extended various services to assist 18 in
the recovery efforts and also in the programmes being implemented by the other national
government agencies in relation thereto.
Recognizing the urgent need to procure vital medical equipment and supplies for thecountry’s Covid response efforts, the Government Procurement Policy Board (GPPB) swiftly
issued “Guidelines for Emergency Procurement under Republic Act No. 11469 or the
Bayanihan to Heal as One Act”, 19 followed by various issuances to cover myriad aspects of thegovernment procurement process during the pandemic.
With the numerous legislative and executive (implementing) measures in place, the country
seemed poised to tackle the Covid-19 pandemic head-on. On paper, at least, the Philippines
appeared to be quite capable and ready to face the emergency situation suddenly brought about
by Covid. How seemingly swift and decisive action brought about a second “pandemic” canbest be seen, however, from the manner of implementation by various agencies of thesemeasures.
III. EMERGING CORRUPTION TRENDS AND THREATS
Being at the forefront of the fight against Covid, the DOH was the first, if not, mostprominent to face an onslaught of corruption allegations. Not long after the passage ofBayanihan Act I in March 2020, Senators were already calling for a probe / investigation into
allegations of overpricing in the purchase of personal protective equipment (PPE) and swab
kits for coronavirus disease 2019 (Covid-19) testing. 20 This call for investigation was repeatedafter the Commission on Audit (COA) released its Consolidated Annual Audit Report on the
DOH for Calendar Year 2020. 21
16“DSWD Cash Assistance for Students (All Levels) Nationwide,” <https://governmentph.com/dswd-cashassistance/>
17
DOLE’s page, “About TUPAD,” can be found here: https://www.dole.gov.ph/tupad-contents/
18
DTI’s page, “DTI ASSISTANCE AND OTHER GOVERNMENT INITIATIVES FOR MSMES,” can be foundhere: https://www.dti.gov.ph/covid19/assistance/
19
GPPB Circular 01-2020
20“Probe alleged overpriced PPE gears, test kits: solons,” Jose Cielito Raganit, Philippine News Agency (PNA),
18 May 2020, <https://www.pna.gov.ph/articles/1103229>
21
Senate Press Release: “Drilon seeks Senate investigation into DOH mismanagement of P67.32B COVID-19
funds,” 12 August 2021, <https://legacy.senate.gov.ph/press_release/2021/0812_drilon1.asp>-- 119119 --SIXTEENTH REGIONAL SEMINAR ON GOOD GOVERNANCE

In its report, the COA found “various deficiencies involving some PhP67,323,186,570.57
worth of public funds and intended for national efforts of combatting the unprecedented scaleof the COVID-19 crisis”. The COA stated that “(T)hese deficiencies contributed to thechallenges encountered and missed opportunities by the DOH during the time of state ofcalamity / national emergency, and casted doubts on the regularity of related transactions.” 22
The findings consisted of the following: (i) Unobligated / unutilized funds, which wereintended to improve the capacity of DOH to address the ongoing health crisis, and to reinforce
the country's health care system; (ii) Failure to meet the accomplishment targets for the rolloutof Foreign-Assisted Projects by the end of 2020; (iii) Various deficiencies in the procurement
process and lack of documentation in a number of contracts; (iv) Unutilized and not
immediately utilized medical equipment and supplies procured for Covid-19 response; (v)Issues in the grant of cash advances and handling of petty cash funds by various operating
units; (vi) Fund transfers to procurement partners or implementing agencies without
memoranda of agreement or other supporting documents, as well as delays in delivery of muchneeded medical equipment / supplies / devices; (vii) Failure to pay around PhP4.88 million
worth of claims to financial aid beneficiaries by the end of 2020 due to delayed downloadingof cash allocations; (viii) Incomplete documents for the payment of Covid-19 allowances tohealth workers, payment to unqualified recipients, overpayment, and payment of suchallowances during periods not covered by the Enhanced Community Quarantine (ECQ); (ix)Distribution of meal allowances to operating unit personnel through cash allowances, gift
certificates and grocery items, without sufficient legal basis and which were charged to funds
intended for life insurance, accommodations, transportation and meals of public health care
workers; (x) Payment of death and sickness compensation despite deficient or non-existent
supporting documents; (xi) Lack of proper accounting for in-kind donations; and (xii)
Deficiencies in the management of funds for the Interim Reimbursement Mechanism (IRM) bypublic health care institutions.
The DOH was swift to deny the allegations of corruption, claiming it was ready to face any
probe regarding them. 23 Banking on the clarification made by COA 24 that the Annual Audit
Report did not mention any findings of funds lost to corruption, and that the audit process forthe deficiencies pointed out had not yet been completed as there were recommendations forcompliance, DOH asserted that it had always been transparent and that the accusations ofcorruption were misplaced, as the agency was yet in the process of submitting the needed
evidence or documents in relation to the COA findings. 25 The Annual Audit Report for the
Calendar Year 2021 seems to “support” its claims, as the majority of the COA
recommendations on the Covid-19 Audit Findings for 2020 were “implemented”, while only a
few were either partially implemented or not implemented. The 2021 Report, however,brought with it new audit findings still related to the Covid-19 response. What remains to be
seen is whether these new findings were attended by some form of corruption or caused merely
by lapses of internal control in the DOH that may be corrected by implementing the audit
recommendations.
Part E, No. 1 of the 2020 Executive Summary (in relation to the COA Consolidated Annual Audit Report on
the DOH for the Calendar Year 2020).
23“‘Disheartened’ DOH ready to face any probe on corruption allegations,” Analou de Vera, Manila Bulletin, 29
June
2021,
<https://mb.com.ph/2021/06/29/disheartened-doh-ready-to-face-any-probe-on-corruptionallegations/>
24
COA News Release: “COA clarification on audit findings of DOH COVID-19 funds,” 16 August 2021,<https://coa.gov.ph/coa-clarification-on-audit-findings-of-doh-covid-19-funds/>
25“DOH transparent, no corruption in P67-B flagged by COA: exec,” Joyce Ann L. Rocamora, PNA, 14 August
2021, <https://www.pna.gov.ph/articles/1150455>
22- 120 - 120 -PHILIPPINES
While the probe of DOH pushed through, with various government agencies conducting
their own investigations, another government agency was brought into the “limelight” ofcorruption accusations as a result thereof – the Procurement Service of the Department of
Budget and Management (PS-DBM). Central to this was the Senate Blue Ribbon Committee
probe on the procurement of Covid-19 supplies from “Pharmally”, 26 a company created mere
months before the declaration of a state of national emergency (due to the Covid-19 pandemic)
that lacked funds, 27 track record and credibility to handle the multi-billion-Peso deal(s) it wasawarded by the government through the PS-DBM. While the Committee’s Report died a swift
death due to failure to garner enough signatures from the Senators in order for the Report to be
tackled before the Plenary, 28 the findings 29 of the Committee were still widely publicized byvarious news outlets. Besides findings of overprice in the medical supplies (such as PPEs, 30
face masks, face shields) purchased from Pharmally, some of the supplies provided were also
found to be substandard or defective, prompting even the DOH itself to launch its own
investigation on the matter. 31
The matter of procurement of various medical supplies by the PS-DBM from Pharmallynot even having been settled completely, the corruption spotlight falls upon PS-DBM once
again, this time together with the Department of Education (DepEd), on the matter of its
procurement of laptop computers intended for the use of teachers, who had to conduct online
classes due to the pandemic. The approved budget for the contract was supposed to be at
PhP35,046.50 per unit, for a total purchase of 68,500 units. However, the laptops purchased
were priced at PhP58,300.00 each, resulting in fewer units purchased. Worse, the laptops
purchased were also assailed for not just being “pricey” but also “outdated”, being equippedwith Intel Celeron processors. As succinctly stated by COA in its 2021 Management Letter, 32(A) public school teacher needs an efficient and effective processor that can allow
multiple applications to run at the same time. The TSs required by the DepEd did
not intend to procure a laptop computer equipped with an Intel Core Celeron, themost low-end type of Intel processor in the market. As a result, public school
teachers were deprived of the benefits of the use of a laptop computer equippedwith better processor that would help them to perform their tasks.

Pharmally Pharmaceutical Corporation
Pharmally reportedly only had PhP625,000.00 of paid-up capital. Found in “What is Pharmally
Pharmaceuticals? Who controls it?”, ABS-CBN News, Posted and updated on 31 August 2021, <https://news.abscbn.com/business/08/31/21/what-is-pharmally-pharmaceuticals-who-controls-it>
28“Gordon: Filipinos lose as Pharmally report failed to get Senate’s nod,” Hannah Torregoza, Manila Bulletin, 3June 2022, <https://mb.com.ph/2022/06/03/gordon-filipinos-lose-as-pharmally-report-failed-to-get-senatesnod/>
29“LIST: Alleged anomalies uncovered at Senate probe on Pharmally,” Benise Balaoing, ABS-CBN News,
Posted on 27 September 2021, <https://news.abs-cbn.com/spotlight/09/27/21/read-what-has-been-uncovered-sofar-at-senate-probe-on-pharmally>
30
Personal Protective Equipment
31“DOH probes Pharmally sale of substandard face shields,” Sheila Crisostomo, The Philippine Star, 28
September
2021,<https://www.philstar.com/headlines/2021/09/28/2130212/doh-probes-pharmally-salesubstandard-face-shields>
32
Management Letter was issued, in lieu of an Annual Audit Report, as the COA Audit Team was unable toexpress an opinion on the financial statements of the PS-DBM, which had not submitted its year-end (2021)
financial statements by 23 June 2022. Found in the 29 June 2022 Transmittal Letter of the Management Letter ofthe Audit on the Procurement Service for the period 1 January to 31 December 2021, from Daria B. Sison, Director
IV of the National Government Audit Sector, Cluster 2 – Oversight and Public Debt Management Agencies,
addressed to Atty. Jasonmer L. Uayan, Officer-in-Charge of the Procurement Service.
26
27

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SIXTEENTH REGIONAL SEMINAR ON GOOD GOVERNANCE

In response to the COA’s findings 33 on the questionable laptop procurement, the DepEd
essentially “passed the bucket” to PS-DBM for an explanation on the matter, 34 while the latteragency just caused the issue to be more muddled, with the confusing and inconsistenttestimonies of its officials before the Senate. 35
Another government agency vital to the Covid-19 response that has been equally, if not
more, hounded by corruption allegations is the DOH attached agency, PhilHealth. Not longafter the start of the state of national emergency, there were already allegations of overpricing
in its Covid-19 testing package, which cost around double the package cost that other facilities
could offer. 36 The dust on this matter was far from even settled 37 when new corruption
allegations were levelled against the agency, by no less than one of its officials who had
resigned over such corruption issues, among other reasons. 38 Questions were raised on thematter of the Interim Reimbursement Mechanism (IRM), 39 prompting various calls forinvestigation on the alleged corruption in PhilHealth. Both the Senate and the House ofRepresentatives held several investigative hearings on the matter, wherein several issues,beyond the IRM matter, were uncovered, such as: (i) bloating of PhilHealth’s proposed
information technology budget for 2020; (ii) a proposal to procure 15 Cisco network switches
that was grossly overpriced, which had already been flagged by COA; (iii) “doctored” financial
statements intended to cover up losses and inconsistencies that would have been otherwise
difficult to explain; (iv) use of the “case rate package” as a scheme for fraud / unjust enrichment
by hospitals; (v) additional burdens to Overseas Filipino Workers (OFWs); and (vi) existenceof a “syndicate” or “mafia” comprised of high-ranking PhilHealth officials that perpetuatedillegal operations in the agency.

There were also corresponding findings in the 2021 Annual Audit Report for the DepEd.
Official Statement of the Department of Education: “On the COA report on the procurement of laptops,” 5August 2022, <https://www.deped.gov.ph/2022/08/06/on-the-coa-report-on-the-procurement-of-laptops/>
35“New PS-DBM head: DepEd’s laptop procurement may be illegal,” contributed by Marvin Joseph Ang, Yahoo!
Philippines (News), 3 October 2022, <https://ph.news.yahoo.com/new-ps-dbm-head-deped-laptop-procurementmay-be-illegal-062916112.html>“DepEd laptops procurement process ‘defective,’ says senator,” Hana Bordey, GMA News, 15 September 2022,<https://www.gmanetwork.com/news/topstories/nation/844970/deped-laptops-procurement-process-defectivesays-senator/story/>“Gatchalian flags inconsistent statements of PS-DBM execs on legal basis of DepEd laptop procurement,” Hana
Bordey, GMA News, 29 September 2022,<https://www.gmanetwork.com/news/topstories/nation/846419/gatchalian-flags-inconsistent-statements-of-psdbm-execs-on-legal-basis-of-deped-laptop-procurement/story/>
36“‘Overpriced’: Drilon urges DOH to review PhilHealth’s P8,150 COVID-19 testing package,” Dona Magsino,
GMA News, 19 May 2020, <https://www.gmanetwork.com/news/topstories/nation/738872/overpriced-drilonurges-doh-to-review-philhealth-s-p8-150-covid-19-testing-package/story/>
37“Duterte wants probe on PhilHealth’s COVID-19 test price issue,” Krissy Aguilar, Inquirer, 22 May 2020,<https://newsinfo.inquirer.net/1279348/duterte-wants-probe-on-philhealths-covid-19-test-price-issue>
38“3 PhilHealth officials resign over alleged widespread corruption in agency,” BAP/KBK, GMA News,
Published and updated on 24 July 2020, <https://www.gmanetwork.com/news/topstories/nation/748272/3philhealth-officials-resign-over-alleged-widespread-corruption-in-agency/story/>
39
The Interim Reimbursement Mechanism or IRM is an emergency cash advance measure applied by PhilHealthto provide hospitals with an emergency fund to respond to unanticipated events like natural disaster and calamities.
Found in “Philhealth issues official statement on Interim Reimbursement Mechanism (IRM),” By BMPLUS,
Business Mirror, 26 May 2020, <https://businessmirror.com.ph/2020/05/26/philhealth-issues-official-statementon-interim-reimbursement-mechanism-irm/>
33
34- 122 - 122 -PHILIPPINES
While PhilHealth disavowed the purportedly false and/or baseless accusations against it
and its executives, 40 the various agencies looking into the myriad corruption issues PhilHealthwas embroiled in came out with findings to the contrary. The Philippine Anti-Corruption
Commission (PACC) 41 had already uncovered loopholes and systemic flaws in PhilHealth’ssystem 42 and correspondingly submitted its report 43 to the President. 44 Both the Senate andHouse of Representatives came out with findings adverse to PhilHealth as a result of theirrespective investigations. 45 A special task force ordered by then President Duterte toinvestigate the PhilHealth anomalies recommended the filing of charges against top officialsof the agency, which the President duly approved. 46 But while the agency remains mired incorruption controversies that are subject of ongoing investigations and/or formal complaints, it
decided to “add insult to injury” when it went ahead with the imposition of the increase in its
premium collection rate just this year. 47 While the increase in contribution rate was supposed
to be implemented long before, the corruption issues that had been uncovered (and continue tobe uncovered) in relation to the agency certainly make the imposition of rate increase at thispoint in time an even greater burden to bear, as if the paying PhilHealth members are being
made to shoulder the responsibility for the iniquities of the corrupt.
Although it hasn’t been slapped with as many (or as severe or as major) corruption issues
as the previously mentioned agencies, the Department of Social Welfare and Development(DSWD), being the primary implementing agency for the distribution of assistance to thesectors of society hardest hit by the pandemic, cannot escape the “spotlight” of corruption
entirely. Issues stem, however, mainly from DSWD’s “partner” in the distribution of assistance,
the various Local Government Units (LGUs). The DSWD had explained that it would be theLGUs, particularly the barangay leaders (Barangay Captain / Punong Barangay), who would
identify the target beneficiaries. The LGUs were also tasked with the door-to-door distributionof the Social Amelioration Card (SAC), limited to one card per household, to be filled up by
the household head. The list of beneficiaries comes from the LGUs, subject to validation by
the DSWD. As with previous and similar cash assistance distribution programmes of theDSWD, such as the Emergency Shelter Assistance (ESA) for the victims of super typhoon“OFFICIAL STATEMENT ON ALLEGATIONS OF IRREGULARITIES AND CORRUPTION,” From
PhilHealth News Archives, 31 July 2020, <https://www.philhealth.gov.ph/news/2020/on_allegations.php>“PhilHealthbucks
corruption
issue,”SunStar/Baguio,6August2020,<https://www.sunstar.com.ph/article/1866140/Baguio/Local-News/PhilHealth-bucks-corruption-issue>
41
Now abolished by virtue of Executive Order No. 1, Series of 2022, signed by President Ferdinand R. Marcos,
Jr. on 30 June 2022.
42“PACC uncovers loopholes, systemic flaws in PhilHealth system,” Leila B. Salaverria, Inquirer,<https://newsinfo.inquirer.net/1315424/pacc-uncovers-loopholes-systemic-flaws-in-philhealth-system>
43“PACC initial report: Fire or charge 36 PhilHealth officials over corruption,” Cathrine Gonzales, Inquirer, 5August 2020, <https://newsinfo.inquirer.net/1317111/pacc-initial-report-fire-or-charge-36-philhealth-officialsover-corruption>
44
Then President Rodrigo Roa Duterte
45“Senate recommends criminal, admin cases vs PhilHealth execs,” Bella Perez-Rubio, The Philippine Star, 1
September 2020, <https://www.philstar.com/headlines/2020/09/01/2039382/senate-recommends-criminaladmin-cases-vs-philhealth-execs>“House panels recommend charges vs. Duque, Morales over PhilHealth mess,” Erwin Colcol, GMA News,
Published and updated on 27 October 2020,<https://www.gmanetwork.com/news/topstories/nation/761593/house-panels-recommend-charges-vs-duquemorales-over-philhealth-mess/story/>
46“Duterte approves corruption charges vs PhilHealth officials,” Gillian M. Cortez, Business World, 15
September 2020, <https://www.bworldonline.com/the-nation/2020/09/15/316769/duterte-approves-corruptioncharges-vs-philhealth-officials/>
47“PhilHealth hike amid corruption,” Philippine Daily Inquirer Editorial, 19 May 2022,<https://opinion.inquirer.net/153095/philhealth-hike-amid-corruption>
40

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Yolanda, 48 issues and questions abound with the “SAP” (as the financial assistance in relation
to the Covid-19 pandemic is commonly called), particularly the delay in the distribution ofassistance, allegedly selective (and even politicized) distribution of not just the assistance itself
but even the forms for application for assistance (the SAC), and the questionable selection oftarget beneficiaries, wherein lists either excluded otherwise qualified beneficiaries or included
unqualified persons as beneficiaries. DSWD had explained the process of distribution of SAP 49
and also undertook to discuss issues on the distribution (such as delay) with the LGUs. 50
DSWD even set up a grievance mechanism which would allow it to address such issues. 51
Guidelines were also issued for those who received more than one form of Covid-19 financial
assistance or were otherwise ineligible to receive such assistance to refund such amounts. 52
The refunding of such amounts, of course, banks on the “honesty and adherence to the law” of
the recipients thereof. Despite all these, anomalies in the distribution of financial assistancestill could not be quelled, such that the Criminal Investigation and Detection Group (CIDG) of
the Philippine National Police was tapped to investigate the irregularities in the SAP
distribution. 53
Another issue that was brought up against DSWD, however, concerned its distribution of
SAP through digital / electronic channels. Particular attention was called to the inclusion of“Starpay Corporation” in the Financial Service Providers (FSPs) tapped to administer theelectronic payment and distribution of SAP to beneficiaries. An investigation was sought on
the matter in both the Senate 54 and the House of Representatives. 55 Both Starpay and DSWD
denied the allegation of “missing funds” resulting from the failure to distribute to beneficiaries
the funds downloaded by DSWD to the FSP for that purpose. 56 The Bangko Sentral ng
Pilipinas (BSP), which had accredited Starpay as an Electric Money Issuer (EMI) only in 2018,nevertheless stated that it would look into the issue. 57
The above-discussed matters are merely just the tip of the iceberg. These are just some of
the most publicized corruption-related matters that came up from the time the country wasplaced under a state of national emergency. These barely scratch the surface, yet are alreadyalarming in and of themselves, given the billions of government funds involved. It is no wonder
then that corruption in the time of the Covid-19 pandemic has been characterized as another
International name: Haiyan.
“DSWD clarifies issues, updates progress on cash aid,” Christopher Cudis, Philippine News Agency, 9 April
2020, <https://www.pna.gov.ph/articles/1099315>
50“DSWD vows to discuss social aid distribution issues with LGUs,” Gabriel Pabico Lalu, Inquirer, 29 April
2020, <https://newsinfo.inquirer.net/1266906/dswd-vows-to-discuss-social-aid-distribution-issues-with-lgus>
51“DSWD sets up mechanism for grievances and appeal on SAP,” by Social Marketing, DSWD, 24 April 2020,<https://www.dswd.gov.ph/dswd-sets-up-mechanism-for-grievances-and-appeal-on-sap/>
52“DSWD explains SAP refund process,” by Social Marketing, DSWD, 8 June 2020,<https://www.dswd.gov.ph/dswd-explains-sap-refund-process/>
53“CIDG to probe irregularities in SAP distribution,” Christopher Lloyd Caliwan, Philippine News Agency, 5
May 2020, <https://www.pna.gov.ph/articles/1101896>
54“Pacquiao seeks probe of missing P10.4-B aid,” Kyle Aristophere T. Atienza, Business World, 15 July 2021,<https://www.bworldonline.com/the-nation/2021/07/15/382972/pacquiao-seeks-probe-of-missing-p10-4-b-aid/>
55“House probe sought over SAP funds flagged by COA,” RG Cruz, ABS-CBN News, Posted on 19 August 2021,<https://news.abs-cbn.com/news/08/19/21/house-probe-sought-over-sap-funds-flagged-by-coa>
56“Statement of Starpay Corporation on the Issue of Ayuda Distribution,” Journal Online, 5 July 2021,<https://journal.com.ph/starpay-issue-ayuda-distribution/>“DSWD wants to see data on 1.3 million SAP unserved beneficiaries due to use of Starpay app,” Charissa LuciAtienza, Manila Bulletin, 5 July 2021, <https://mb.com.ph/2021/07/05/dswd-wants-to-see-data-on-1-3-millionsap-unserved-beneficiaries-due-to-use-of-starpay-app/>
57“Bangko Sentral to probe complaint on e-wallet Starpay: Diokno,” ABS-CBN News, Posted on 18 October
2021, <https://news.abs-cbn.com/business/10/18/21/bangko-sentral-to-probe-complaint-on-starpay>
48
49- 124 - 124 -PHILIPPINES
pandemic. Prevalent in the myriad corruption issues are problems with procurement,
management and/or accounting (e.g., internal controls) of Covid-19 funds, and irregularities in
the giving of financial and even non-monetary assistance. These forms of corruption do notappear to be anything new. So rather than call the various forms of corruption that appeared
during the Covid-19 pandemic as “new and emerging” forms of corruption, it would, perhaps,
be more appropriate to say that the Covid-19 pandemic brought new (and grander)
opportunities for corruption, as well as a fresh new excuse for it.
One “new” form of corruption unique to or which emerged during the Covid-19 pandemic,
however, was the alleged selling of Covid-19 vaccines and even vaccination slots andvaccination cards. Linked to the LGUs, who were responsible for implementing theGovernment’s Covid vaccination programme in their jurisdictions, there were reports that
persons were selling the Covid-19 vaccines, which were either donated to or purchased by theGovernment and supposed to be administered to the citizens free of charge under the
programme. As the vaccine rollout was scheduled based on a classification or grouping system,some took advantage of this to sell vaccination “slots” to those who wanted to avail of thevaccination earlier than their supposed schedule based on their classification / grouping. The
police were deployed to crackdown on the perpetrators of these scams. 58 As the transactions
were conducted mostly online, the crackdown involved not just the CIDG of the PNP, but also
the Cybercrime Division of the National Bureau of Investigation (NBI). 59 “Fixers” 60 involvedin such illegal operations were also investigated by the CIDG. 61
IV. CORRUPTION IN THE TIME OF COVID: THE “LOCAL” EXPERIENCE
In the Office of the Ombudsman – Visayas (OMB-Visayas, for brevity), the corruption
cases dealt with cover three Regions in the country: Region VI, Region VII and Region VIII.
While the OMB-Visayas covers the fewest regions out of all the Ombudsman offices, it is also
the only one that has a “Regional” office in each of its covered regions, stemming mainly fromthe fact that the 3 Regions under its territorial jurisdiction are separated land masses. Travel toeach of the three regions would entail travel by sea or air. The main office of OMB-Visayas islocated in Cebu City, part of Region VII, which was one of the hardest-hit by super typhoon
Odette 62 last December 2021. Before the typhoon wreaked havoc in Cebu City, the Covid-19
response of the LGU had already been assailed for various irregularities and anomalies.
Flagged by the COA in its Annual Audit Report on the City of Cebu for the Year Ended 31
December 2020 were the following Covid-related matters: (i) Distribution of SAP which
included persons ineligible for such financial assistance; (ii) The award of several purchases ofrice for Covid-19 relief operations to unqualified suppliers; (iii) Irregularities in the
procurement process for the Quarantine Building constructed at Block 27, North Reclamation
Area, Cebu City; (iv) Procurement of KN95 masks at a price in excess of the maximum retailprice set by the DOH; (v) Non-compliance with various documentary requirements andprocedures in the procurement of rapid anti-body test kits; (vi) Non-submission of the“Eleazar orders crackdown on people selling vaccine, vaccination slot,” Aaron Recuenco, Manila Bulletin, 22
May 2021, <https://mb.com.ph/2021/05/22/eleazar-orders-crackdown-on-people-selling-vaccine-vaccinationslot/>
59“CIDG, NBI go after online sellers of jab slots,” Dexter Cabalza, Philippine Daily Inquirer, 23 May 2021,<https://newsinfo.inquirer.net/1435371/cidg-nbi-go-after-online-sellers-of-jab-slots>60“A person who intervenes to enable someone to circumvent the law or obtain a political favor,”<https://www.merriam-webster.com/dictionary/fixer>
61“CIDG probes fixers behind sale of vaccine slots,” Christopher Lloyd Caliwan, Philippine News Agency, 29
June 2021, <https://www.pna.gov.ph/articles/1145286>
62
International name: Rai.
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Summary / List of Donations Received, Distributed and Balance, and its supporting documents,
as well as the required one-time report for cash and in-kind donations; and (vii) Grant of Special
Risk Allowance (SRA) to non-public health workers.
What the Annual Audit Report did not reveal, however, were other issues in relation to theCity’s Covid-19 response in 2020, such as the controversial “sardines” procurement (among
other items) which was priced at PhP22.00 per 155g can, when the price freeze imposed by the
DTI at the time pegged the price of a can of sardines of the same weight at PhP13.25 (for the
least expensive brand in the market) to PhP17.00 (for the most expensive brand in themarket). 63 Another issue that the audit could not reveal was the allegedly politicized
distribution of aid (such as the questionably procured rice) from the City. Even with the
distribution of “quarantine passes”, 64 there were already arguments regarding the interferenceof the “MILO” 65 when the Barangay LGUs were supposed to take charge of it. 66 Considering
the fact that the number of quarantine passes issued by the City could not suffice for the numberof households in the City, these MILO personnel taking a portion of that already limited
number of passes for their own “distribution” activities resulted in even more households notgetting any quarantine pass and some households having more than one. With the MILO also
taking charge of distributing the rice assistance from the City, reportedly in Barangays
belonging to the “opposition party”, 67 the issue of politicizing aid became all the more
prominent. While then Mayor Labella ordered a probe into the matter of distribution of riceassistance, which he claimed he had instructed particularly to be coursed through the elected
Barangay officials and not the MILO, 68 one of his allies in the City Council was quick to pass
the bucket to the Department of Social Welfare and Services (DSWS) 69 in relation to the
MILO’s involvement in the distribution of rice. 70
The COA was able to note, in its 2020 Annual Audit Report, the failure of the City tosubmit the required documents pertaining to cash and in-kind donations. Even afterManagement commented on the finding, COA still found that, due to the lack of required
documents submitted, it would be hard to prove total donations and that they were used for theplaces and/or persons they were intended. A clear demonstration of this is the “missing
chickens” case, wherein chickens donated by a private company for the City’s Covid relief
operations went “missing” but turned out to be (allegedly) sold off by unscrupulous persons,purportedly linked to the MILO, instead of being given, free of charge, to the qualified andintended beneficiaries thereof. While the City Council member in charge of said donation for
the South district of the City “explained” regarding the chickens and how they were not“At P22 per can: CH sardines overpriced?”, Mary Ruth R. Malinao, The Freeman, 8 May 2020,<https://www.philstar.com/the-freeman/cebu-news/2020/05/08/2012601/p22-can-ch-sardines-overpriced>
64
A document that allows the holder to leave his / her residence for allowed purposes during the implementationof the Enhanced Community Quarantine.
65
Mayor’s Information and Liaison Office, an office created by then Cebu City Mayor Edgardo Labella to serveas his “liaison” office within each of the 80 Barangays of Cebu City.
66“Barangays complain vs. passes distribution by Milo,” JJL, SunStar / Cebu, 2 April 2020,<https://www.sunstar.com.ph/article/1851040/Cebu/Local-News/Barangays-complain-vs-passes-distributionby-Milo>67
Not allied with then Cebu City Mayor Labella’s party, Barug-PDP Laban.
68“Labella orders probe on rice distribution in Inayawan,” Delta Dyrecka Letigio, Cebu Daily News, 2 July 2020,<https://cebudailynews.inquirer.net/323636/labella-orders-probe-on-rice-distribution-in-inayawan>
69
The local government unit’s version of the DSWD; a department of the local government unit, and not a part of
the DSWD, which is a national government office.
70“Barangay vs MILO, who holds the turf in the barangays?”, Delta Dyrecka Letigio, Cebu Daily News, 1 April
2020, <https://cebudailynews.inquirer.net/299145/barangay-vs-milo-who-holds-the-turf-in-the-barangays>63- 126 - 126 -PHILIPPINES“missing” 71, some city residents still lodged a complaint with the City Mayor, having reason
not to believe the proffered “explanation”. 72 Now, rather than the chickens, the outcome ofthat complaint may be what is truly “missing”.
In addition to the foregoing, the corruption issues plaguing the previously discussed
national government offices also trickled down to the local level. Officials from the PhilHealthRegion VII office, together with officials and employees of some hospitals in the City, werecharged by the NBI – Central Visayas, over anomalous or fake Covid-19 claims (forpayment). 73 The matter of selling of vaccines and vaccine slots was also encountered. While
there was no mention of which specific LGU or LGUs was or were involved in the reported
incidents, the CIDG was also asked to investigate the matter. 74 The issues in the distributionof financial assistance by the DSWD coursed through the Local Government Units, were alsopresent in Cebu City, as well as throughout Regions 6, 7 and 8. Even while the distribution ofaid was ongoing, the number of complaints received by the CIDG from these 3 Regions alreadyranked in the top 5 most number of cases received, among all the Regions in the country. 75
The onslaught of super typhoon Odette brought a fresh wave of problems to the City, as
well as new opportunities for corruption. Financial aid came from the national government for
the victims of the typhoon, while the City also allocated an amount from its own funds intended
as financial assistance for every house damaged by the typhoon (basically, for repairs). 76 While
the funds from the national government were distributed by the City, under the supervision of
the Department of Interior and Local Government (DILG), the list of recipients still came fromthe DSWS, which purportedly validated the list that was prepared and forwarded by the“barangay officials”. 77 In the end, whether it be the financial assistance from the national
government or from the city’s coffers, the same problem of who made it into the list ofrecipients (and how they made it into the list) attended the distribution of both. While an

“Case
of
‘missing
chickens’solved,”JJL,SunStar,
24
June
2020,
<https://www.sunstar.com.ph/ampArticle/1861342>
72“Residents file formal complaint over ‘sale’ of donated chicken,” Gregg M. Rubio, The Freeman, 24 July 2020,<https://www.philstar.com/the-freeman/cebu-news/2020/07/24/2030244/residents-file-formal-complaint-oversale-donated-chicken>
73“Philhealth 7, hospital officers charged for 'false' Covid-19 claim,” JOB with ANV, Yahoo! News, 9 February
2021, <https://ph.news.yahoo.com/philhealth-7-hospital-officers-charged-152100306.html>“PhilHealth, PSH employees charged for ‘anomalous’ Covid-19 claims,” Wenilyn Sabalo, Yahoo! News, 29
October 2020, <https://ph.news.yahoo.com/cases-filed-vs-8-philhealth-073600943.html>
74“Cebu City to CIDG: Investigate selling of vaccines,” Dyrecka Letigio, Cebu Daily News, 13 August 2021,<https://cebudailynews.inquirer.net/394134/cebu-city-to-cidg-investigate-selling-of-vaccines>“CIDG-7 asks public to report selling of vaccination slots and cards,” Pegeen Maisie M. Sararaña, Cebu Daily
News, 16 August 2021, <https://cebudailynews.inquirer.net/394655/cidg-7-asks-public-to-report-selling-ofvaccination-slots-and-cards>
75“Cases handled by CIDG on cash aid anomalies reaches 300,” Anna Felicia Bajo, GMA News, 13 July 2020,<https://www.gmanetwork.com/news/topstories/nation/746656/cases-handled-by-cidg-on-cash-aid-anomaliesreaches-300/story/>76“CH disburses P179 million for Odette victims,” Caecent No-ot Magsumbol, The Freeman, 14 February 2022,<https://www.philstar.com/the-freeman/cebu-news/bottom-article-list/2022/02/14/2160744/ch-disburses-p179million-odette-victims>“EXPLAINER: P5,000 per-house/household for Cebu City's typhoon victims, 'rich or poor.' What we know about
Mayor Rama's plan, the kinks to watch out for.”, Pachico A. Seares, SunStar / Cebu, 7 January 2022,<https://www.sunstar.com.ph/article/1917434/cebu/local-news/explainer-p5000-per-househousehold-for-cebucitys-typhoon-victims-rich-or-poor-what-we-know-about-mayor-ramas-plan-the-kinks-to-watch-out-for>77“‘Odette’ victims in Cebu City get P22-M cash aid,” John Rey Saavedra, Philippine News Agency, 3 February2022, <https://www.pna.gov.ph/articles/1166974>
71

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investigation 78 was ordered by then Mayor Michael Rama, 79 the controversy has obviously
died down with no clear resolution of the matter as there are still qualified beneficiaries andactual victims of the typhoon who have not received any financial assistance up to the present.
One can only hope that investigations by other bodies (e.g., NBI, CIDG) on the issue yield
actual results.
V. BATTLING THE CORRUPTION PANDEMIC: CHALLENGES AND BESTPRACTICESThe Philippines is not short of anti-corruption legislative measures. Even during the
pandemic, the various agencies of Government involved in some measure with pandemic
response and recovery efforts had various guidelines, rules and regulations that included someform of assurance of transparency. Even as efforts were made to streamline processes andrequirements, as time was of the essence in such an emergency situation, there was still somemeasure of documentation and reportorial requirements imposed, penalties provided forviolations, and even a review mechanism in place. But none of these seemed to deter the
proliferation of various corrupt schemes during the height of the (Covid) pandemic.
Perhaps the greatest challenge in the implementation of the various anti-corruption
measures in place before and during the pandemic was time. The urgency of the situation
brought about by Covid-19, given that lives were at stake with every passing second, coupledwith the fact that no part of the country remained unaffected by the crisis situation, posed a
massive challenge for all the agencies of government at the forefront of the country’s Covid19 response, but at the same time provided the greatest opportunity for the unscrupulous andcorrupt to take advantage of. Despite the attempts to streamline the usual processes andpractices, it is noticeable from the audit reports of various agencies (e.g., DOH, PhilHealth,
DSWD, DepEd, PS-DBM) for 2020 that a number of findings concerned the failure to submit
various documentary requirements for transactions, resulting not just in a failure to properly
account for the funds involved in such transactions but also to questionable legitimacy of andinadequate transparency in the same. Due to the nationwide extent of the situation, the sheer
volume of transactions involved and the massive amount of funds being expended,documentary and reportorial requirements, even if streamlined, took a backseat to the mostpressing and immediate concern of life and death. With the constant influx of policy issuancesfrom key agencies, and the limitations in communication (e.g. slow and inconsistent internet
connectivity) prevalent in the country and varying travel restrictions imposed based on the
differing quarantine statuses of different parts of the country, the rules and requirements to befollowed by the various local offices or operating units of national government agencies, andeven local government units, would change either significantly or minimally at a speed that far
outpaced the actual implementation thereof. If anything, the pandemic highlighted the various
defects and weaknesses in the internal controls and management, or systemic flaws, of several
agencies. With such plausible “excuses” in place, any system of checks and balances would
be hard-pressed to keep up with, much less detect and/or prevent in a timely fashion, corruption
wherever and whenever it struck. While investigations abound, actual results (and actions on
the results, if any) are far and few between. Investigative work itself is hampered by the same
“Mayor orders probe into ‘bogus’ Odette aid beneficiaries,” by PIO/jsb/rhm, Cebu City News and Information,
9 June 2022, <https://cebucity.news/2022/06/09/mayor-orders-probe-into-bogus-odette-aid-beneficiaries/>
79
Although Michael Rama is the Mayor of Cebu City at present, the period of time being referred to pertains to
the time when Michael Rama became Mayor by succession, serving the remaining term of deceased Mayor
Edgardo Labella; hence, the use of the term “then”, to distinguish that period from his incumbency now by virtueof being elected to the office.
78- 128 - 128 -PHILIPPINES
limitations that have allowed corruption to be rooted more firmly during the pandemic. Even
reporting or filing complaints with concerned offices has also been made difficult by the
restrictions brought about by the pandemic. While various government agencies have websites
and social media pages containing information on how to contact them, how many people
actually avail of these or actually persist in their grievances when they remain unresolved
remains to be seen. Further, while a survey / study result showed that internet usage and“obsession” with social media surged during the pandemic, it seemed that people utilized
digital platforms more for activities meant to assuage the social distancing and “stay at home”
measures imposed on them during the period. 80 As quarantine restrictions and the risingnumber of Covid cases also hampered the work of non-frontline (or not Covid-related)government offices (e.g. Office of the Ombudsman) involved in anti-corruption efforts, thechallenge for a timely response to the “second pandemic” mounted, as there was only so muchone could do in a work-from-home situation. Field work (such as in fact-finding investigations)
was brought to a virtual standstill for around two years due to travel restrictions and officesafety protocols.
As most of the corruption issues that arose during the pandemic were similar in nature,
though greater in scale or magnitude, to previous or already existing corruption issues, such as
irregularities in the procurement process and questionable distribution of aid, investigation,
adjudication and prosecution practices that have garnered positive and/or successful results
find worth in the pending and upcoming investigations and possible prosecution of cases
arising from pandemic-related complaints.
For instance, in the Office of the Ombudsman-Visayas, the input from our Fact-Finding
Investigators was that corruption schemes at the local level were not committed throughparticularly sophisticated or novel means, albeit there was more creativity in the execution. In
previous investigations on anomalous distribution of aid, it was found that the identification of
beneficiaries and distribution of aid was done through the LGUs, particularly through the
LGU’s own social welfare and services office, which in turn devolved the task to the barangay.
The same system of aid distribution has been utilized during the pandemic, in which case thesame types of cases are expected to be (or have been) filed, the same or similar “excuses” from
respondents are expected to be raised, and the same types of evidence are expected to either
make (if present) or break (if absent) the cases thus filed before the Office.
From investigators of our Office who have dealt with previous similar cases (e.g., thetyphoon Yolanda-related cases) for preliminary investigation and/or administrative
adjudication, the favourite “scapegoat” of accused local government officials / employees was
the DSWD. Because DSWD supposedly “validated” the list of beneficiaries prepared andsubmitted by the local government unit, the local government officials and employees accusedof manipulating the list they submitted, that resulted in ineligible persons receiving government
aid while qualified beneficiaries did not, usually pointed out that the list they prepared was still
subject to and (supposedly) in fact validated by the DSWD. It is, thus, important forcomplainants to implead or include in their complaint the validation team involved so as to laybare the entire process and determine at which point corruption possibly occurred, and whoshould be indicted for what offence (or administratively penalized), if any.

“Internet: Overcoming pandemic lockdowns,” Cristina Eloisa Baclig, Inquirer, 21 June 2021,<https://newsinfo.inquirer.net/1448837/internet-overcoming-pandemic-lockdowns>

80

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Another favourite excuse in cases where complainants, supposedly qualified beneficiaries,
did not receive any financial aid, was that “the funds were not enough for the number ofbeneficiaries”. In such situation, documentation plays an important role. Not only would it beimportant to know the amount of funds available for that particular distribution of financial
assistance, and the intended number of beneficiaries thereof, proof of ineligibility of those who
received the financial aid in lieu of the rightful qualified beneficiaries is also just as, if not more,
important.
A unique form of “corruption” in the matter of distribution of financial assistance that was
brought out in previous similar cases was how some local government officials, in charge ofidentifying the beneficiaries and preparing the corresponding list, would promise to include
persons in the list (whether or not eligible to be beneficiaries) in exchange for a promise of
payment from them of a certain portion or amount from the financial assistance they would
receive. Testimonial evidence, by way of sworn statement or affidavit, of witnesses andvictims would certainly form a crucial part of case evidence in such a situation.
Given the onslaught of typhoon Odette in various areas under the territorial jurisdiction of
the OMB-Visayas, there is now a fresh new excuse (on top of Covid) that may be employedby respondents (or would-be respondents, as the case may be). With super typhoon Odette
causing extensive property damage, it presents a convenient excuse for parties, where the caseinvolves failure to submit or present certain documents or requirements, in establishing theircause of action or their defence. In fact, even with cases that were already pending before
typhoon Odette struck, some respondents have already utilized the excuse of “lost due totyphoon Odette” for their failure to present controverting evidence in the cases filed against
them. As there may indeed be cases where such excuse is tenable, the Office will have tocarefully scrutinize the particular circumstances attending each case where such an excuse may
be employed by the parties.
On the national front, Ombudsman Samuel R. Martires had ordered probes on some of thecorruption issues with far-reaching effects and great significance to the country’s Covid
response and recovery efforts. While the Ombudsman had expressed the desire of the Office
to work quietly and away from the limelight, 81 it was also revealed that the Office had been
conducting its own investigations on some of the more prominent issues, such as thegovernment’s deals with Pharmally. 82 As the Office of the Ombudsman is the central
corruption prevention arm of the government, its own (corruption-targeted) investigation(which complements the investigation of other government agencies) into such matters ofnational concern can only serve to benefit the country’s anti-corruption efforts. The
Ombudsman also did not hesitate to impose preventive suspensions on officials and employeesof various agencies, who may have been involved in the anomalous and irregular Covid-relatedtransactions, so that they would not be able to impede the investigations thereon. 83 In these
Office of the Ombudsman Press Release: “PRESS RELEASE/STATEMENT,” 20 August 2021,<https://www.ombudsman.gov.ph/press-releasestatement/>
82“Ombudsman Martires reveals probe on Pharmally transactions for COVID-19,” Jel Santos, Manila Bulletin,
26
October
2021,<https://mb.com.ph/2021/10/26/ombudsman-martires-reveals-probe-on-pharmallytransactions-for-covid-19/>
83“Ombudsman suspends 8 PhilHealth, 5 DOH execs over fund issues,” Rio N. Araja, Manila Standard, 29
October 2020, <https://manilastandard.net/news/top-stories/338102/ombudsman-suspends-8-philhealth-5-dohexecs-over-fund-issues.html>“Ombudsman suspends DOH, BI officials,” Rhodina Villanueva, The Philippine Star, 28 October 2020,<https://www.philstar.com/headlines/2020/10/28/2052796/ombudsman-suspends-doh-bi-officials>
81- 130 - 130 -PHILIPPINES
investigations where documentary evidence would be crucial to case build-up, theOmbudsman’s exercise of the power of preventive suspension in order to safeguard evidence
needs to be both swift and timely. Indeed, the preventive suspension of 89 Barangay Captains(or Punong Barangays), in relation to the anomalies in the SAP distribution, 84 was a welcome
move to prevent these officials from possibly prejudicing the investigation of the cases against
them. As the second tranche of SAP distribution was still ongoing at the time, abuse of power
was a very real possibility to discourage witnesses to and/or victims of the anomalies to pursue
and/or persist with their complaints.
The Office of the Ombudsman has also been implementing, for years now, various anticorruption programmes geared towards educating different sectors about corruption and public
accountability, fostering integrity and social responsibility, and promoting good morals andethical conduct. Of the different anti-corruption programmes of the Office, three programmes
have been rolled out to and implemented by the OMB-Visayas to date, namely: (i) Integrity,
Transparency, Accountability in Public Service (ITAPS) Programme; 85 (ii) Anti-Corruption
Laws Lecture Series (ACLS); 86 and (iii) Training and Leadership for Campus Integrity
Crusaders (TLC) 87 Programme. 88 Even with the restrictions imposed by the Covid pandemic,
these programmes had been adapted to an online / digital format so that the Public Assistanceand Corruption Prevention Bureau (PACPB) of the OMB-Visayas could continue to implement
them, whether from their homes or from the office, when face-to-face implementation was notpossible or allowed. In the national Office, there are some programmes that are in their pilot
stages / initial roll out, such as the Values Education Campaign that has been implemented insome pilot areas. 89 Hopefully, the Office would be able to implement / roll out these otherprogrammes nationwide, to better strengthen the Office’s corruption prevention campaign.
After all, “an ounce of prevention is worth a pound of cure”, 90 and this applies not only to
Covid but to corruption as well.
“Ombudsman orders suspension of 13 PhilHealth officials,” Daniel Manalastas, PTV News, 19 August 2020,<https://ptvnews.ph/ombudsman-orders-suspension-of-13-philhealth-officials/>
84“89 barangay chairpersons suspended over SAP anomalies,” Third Anne Peralta – Malonzo, SunStar / Manila,
13 September 2020, <https://www.sunstar.com.ph/article/1870052/manila/local-news/89-barangay-chairpersonssuspended-over-sap-anomalies>
85
The ITAPS is a corruption prevention programme of the Office of the Ombudsman wherein seminars are held
for various government officials and employees, with the aim of providing “a venue whereby public service values
are internalized and to enhance a deeper understanding of the role of public servants and the accountability
attached to the positions in the government.” <https://www.ombudsman.gov.ph/transparency-ingovernment/programs-projects/education-anti-corruption-promotion/integrity-transparency-and-accountabilityin-public-serviceitaps/#:~:text=Integrity%2C%20Transparency%20and%20Accountability%20in%20Public%20Service%20%28
ITAPS%29,accountability%20attached%20to%20the%20positions%20in%20the%20government.>86
A corruption prevention programme of the Office of the Ombudsman for government officials and employees,
which aims to educate and raise awareness on the anti-corruption laws, as well as the consequences for theirviolations
87
Formerly, the Campus Integrity Crusaders Programme.
88
Campus Integrity Crusaders (CIC) refers to any non-partisan school-based youth organization recognized by asecondary or tertiary educational institution and duly accredited by the Office of the Ombudsman. Found in Sec.
3, Office of the Ombudsman Memorandum Circular No. 04, Series of 2012.
Under the programme, the Office of the Ombudsman and a CIC may jointly undertake activities that aim to: (a)Cultivate the virtues of uprightness, responsibility, honesty, respect for authority, and love of country; (b) Instilla sense of good citizenship and responsible leadership; (c) Inculcate the basic principles of human rights and civic
duties; and (d) Promote the integration of corruption prevention education (CPE) teaching modules in the school
curricula.
89
Office of the Ombudsman Press Release: “OMB rolls out values education campaign in pilot areas,” 28 June
2021, <https://www.ombudsman.gov.ph/omb-rolls-out-values-education-campaign-in-pilot-areas/>90
By Benjamin Franklin.

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SIXTEENTH REGIONAL SEMINAR ON GOOD GOVERNANCE

VI. CONCLUSION AND RECOMMENDATIONSThe Philippines is not the only country battling corruption. Corruption is global. Thishighlights the need of establishing effective and enduring linkages with other countries toeffectively combat corruption worldwide. Too often have persons subject of corruption cases
either fled to other countries or, at the very least, transferred away to other countries the effectsof their corrupt practices. Inter-country activities, such as the present Seminar on Good
Governance, will aid vastly in coming up with new and/or enhancing existing inter-country
mechanisms of anti-corruption cooperation / participation, through the exchange of ideas andexperiences.
But in order for the Philippines to be an effective global partner / participant in the war on
corruption, it must first improve or enhance its internal mechanisms of anti-corruption
cooperation / participation. As the nation struggles to adapt to a “new normal” and pick up thepieces left in the wake of the Covid-19 pandemic (which isn’t even entirely over yet), it is vitalfor us to learn, and learn well, the lessons brought by this experience and similar ones before
it, in order to prepare a better response to future emergency situations and in order to keep atbay, if not totally eradicate, the other pandemic that has plagued us alongside the coronavirus.
In this regard, cooperation is vital between the various agencies involved in the implementationof anti-corruption measures. Communication and mutual respect for the roles each one playsin the fight against corruption are crucial if we are to succeed in some measure. Everyone
needs to be on the same page when it comes to battling this second “pandemic”, rather thanbeing focused on saving face and covering up the ugly flaws being uncovered. The
commitment to cooperate in investigations to expose and put an end to corrupt practices needs
to be more than just mere lip service. Each and every public official or employee plays acritical role in the fight against corruption. No role is too small or unimportant. While thepublic accountability / transparency measures imposed by existing laws, rules and regulations
may seem tedious / time-consuming to comply with in such an emergency situation, one must
always keep in mind that putting in the extra work to comply with these measures may savemore lives, even one’s own.
The fight against corruption is a battle that belongs not just to the different agencies ofgovernment, but also to each and every citizen of the nation. In this case, education is key.
The public must know not just their rights, but also how they can safeguard or vindicate themwhen trampled upon by others. They need to learn how to avail of the grievance mechanisms
in place, as well as how to report (and what is needed to support a report of) incidents ofcorruption that either victimize them or those around them. In order to accomplish this,government must find a viable method to make the citizens actively involved in the anticorruption response. Programmes and measures that increase and improve the relationshipbetween government and citizens are vital, in order to enhance the people’s trust in thegovernment and gain their sincere cooperation in the seemingly never-ending battle against
corruption. Existing programmes and measures need to be periodically reviewed andcorrespondingly enhanced and improved, in order for their implementation to be both
appropriate and adapted to ever-changing and/or sudden situations, such as the Covid-19
pandemic. The citizens must know and understand the importance of their roles in this battle,
to help them feel invested in not just their present but also in their future, by playing their partin the fight against corruption, hand-in-hand with the Government.

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