See discussions, stats, and author profiles for this publication at: https://www.researchgate.

net/publication/329017351

Analyzing anti-corruption laws to elicit narratives of corruption and integrity

Research · January 2011

DOI: 10.13140/RG.2.2.16246.04166

CITATIONS READS
0 648

1 author:

Rizalino Noble Malabed

University of the Philippines
26 PUBLICATIONS   4 CITATIONS   

SEE PROFILE

Some of the authors of this publication are also working on these related projects:

Against normalized emergency is the faithful subject of the event as EDSA (Middle class fantasy and politics in post-EDSA Philippines) View project

Philippine politics, culture, and history View project

All content following this page was uploaded by Rizalino Noble Malabed on 17 November 2018.

The user has requested enhancement of the downloaded file.

rizalino noble malabed analyzing corruption laws

Analyzing anti-corruption laws to elicit narratives of corruption and integ rity1

I. Introduction

Corruption is prevalent in developing countries according to global institutions such as the World Bank

(WB) and the United Nations Development Program (UNDP), and to such measurements as the

Corruption Perception Index (CPI) – a composite index compiled by the Transparency International

(TI). A quick look at the index will show developing countries massed at the bottom of the list of

countries rated according to their transparency and accountability (among other criteria). Also, TI's

2013 Global Corruption Barometer shows the developing world as populated by large percentage of

people who pay bribes (“Corruption getting worse, says poll,” 2013). And while existing everywhere,

as suggested by the index and the barometer, corruption is generally perceived as primarily a problem

in the developing world; impeding development, eroding institutional order, and eating away at the

moral and civil foundations of rational society. In the Philippines, there is widespread disgust over the

plunder of government funds enabled through the many guises of pork: Congressional Insertions in

the budget, the Priority Development Assistance Fund, and the Disbursement Acceleration Program.

This, notwithstanding the government campaign against corruption, as well as, support for the

campaign by the private sector. An offshoot of these interests is the abundance of literature on

corruption comprising genres of discourses such as media investigations, academic researches, laws

and public policies, civil society position papers and public opinion.

These discourses, a great portion of it written or transcribed, are potential resources or data

for researches that rely on methods of textual and discourse analyses. This research,in particular,

uses such data with the objective of eliciting or deriving narratives and conceptualizations of corruption
1
This research was funded through the CHED Integrity Research, with the CHED Zonal Research Center in
De La Salle University – Manila.
rizalino noble malabed analyzing corruption laws

and integrity. This is done through the content and discourse analyses of Philippine anti-corruption

laws.

Researches on corruption in the country, more often than not, focus on reports of graft and

corruption, their costs and effects, their causes, evaluations of anti-corruption measures,

anti-corruption best practices, and comparisons with other countries, etc. (Please see for example

Bolongaita, 2010; Moratalla, 2000; de Dios et. al., 2000; Tuazon, 2007, etc.). This research, on the

other hand, asks: How do our anti-corruption laws and institutions think of corruption and integrity?

Preconception, of course, tells us a lot about the range of possible responses to corruption and their

limits. But more importantly, it also tells us about influences, the dynamics of power that constructed

our institutions.

The application of discourse analysis to the textual discourse on corruption, meanwhile, is fairly

new. Debbie Orpin (2005), for example, studied group of words semantically related to corruption.

Using corpus methodology and critical discourse analysis, she finds that words with a noticeably

negative connotation tend to be used when referring to activities that take place outside of Britain,

while less negative words are used when referring to similar activities in British contexts. Konstadino

Maras (2007) used discourse analysis to examine the speeches and pronouncements of German

politicians with the goal of establishing patterns of perception that explain the political-cultural

embedding of corruption. More recently, Ruth Miller (2008), in a research that primarily relied on

methods of analyzing discourse, argues that narratives of political corruption are dependent upon an

explicitly pornographic linguistic repertoire and have been instrumental in carving out lawless or

exceptional spaces. The language of corruption is increasingly becoming a great interest to scholars

and the media. The BBC news, for example, reports that different countries have different

euphemisms for bribes that are underpinned by the differences in culture. But also, the language of

corruption, while specific, is something that is shared by different countries. (Henig & Makovicky, 2013)

But these studies display a deficiency, already identified by Albert Alejo (2010): what is lacking
rizalino noble malabed analyzing corruption laws

is an effort to analyze these corruption discourses to elicit what is not directly said but implied: What is

not corrupt? How is it to be not corrupt? By asking these questions within the context of the discourse

on corruption, this work aims to uncover or derive what is mostly left unsaid but is definitely

constitutive of these discourses, what is asserted in between the lines. While the work's primary aim is

to elicit narratives of corruption and integrity, the assumptions and influences that frame them will also

be exposed. In itself, the stepping-stone to this drawing out – the content and discourse analysis of

corruption laws – is already a contribution to current knowledge of corruption and integrity in the

Philippines.

In particular, using a variety of methods for textual analysis, the research aims to: (1)

Summarize the Philippine corruption laws into data showing relevant words and concepts, their

quantities (frequency and distribution), their relations, and their contexts; (2) Analyze and compare

anti-corruption laws in accordance with the assertion that discourses are stories or narratives; (3) Elicit

explanations on how social relations, identity, knowledge, and power are deployed in relation to

corruption/integrity in the laws and the discourses of their formulation and application by uncovering

their agency, framing, influences, and assumptions; and (4) Construct cognitive maps of the

anti-corruption laws, showing the relational values between the elements recognized by the laws, to

enable easy comparison.

II. Data, Methods and Application

The work uses the methods of basic content analysis, discourse analysis, and cognitive mapping on

the texts of existing Philippines laws on corruption.

Specifically, the research applies the said methods to the:

1. Republic Act 3019 (the Anti-Graft and Corrupt Practices Act) – a law that seeks to “repress

corrupt practices” because they erode public trust. The law contains a definition of corruption
rizalino noble malabed analyzing corruption laws

and a list of corrupt acts. It then classifies these acts as unlawful and provides penalties for

violations.

2. Republic Act 6713 (the Code of Conduct and Ethical Standards for Public Officials and

Employees) – a law that seeks to promote a “high standard of ethics” and a code of conduct for

public officials. The law enumerates the virtues that a public official must possess and display.

It also reduces the many possible cases/contexts of corruption as cases of “conflict of

interests.” Conflict of interests cause corruption. It provides rewards for exemplary public

service and penalties for corrupt acts.

Additionally, the implementing rules for RA6713, the minutes of the bicameral conference

meetings/hearings discussing the then proposed legislations, and some Supreme Court decisions that

applied the laws are referred to and cited to support the findings.

Content analysis is a research tool used to determine the presence of certain words or

concepts within texts or sets of texts. Researchers quantify and analyze the presence, meaning(s) and

relationship(s) of such words and concepts, then make inferences about the messages within the

text(s), the writer(s), the audience, and even the culture and time that these are a part. In this

research, contents analysis is expected to yield a summary of the documents studied showing

relevant words and concepts, their relations, and their context within the texts. The results are

additional material or data for the application of the method of discourse analysis.

The method yielded a summary of RA 3019 and 6713 in table form showing relevant words

and concepts, their relations, and their context within the texts. Specifically, the table contains (a) a set

of nouns that are synonyms, near-synonyms, or hyponyms of corruption and integrity within the texts;2

2
Lexical items or keywords selection. The texts are scanned for the occurrence of the code corruption.
And from the texts, a set of nouns are assembled that are synonyms, near-synonyms, or hyponyms of
corruption; that is, a set of nouns that represent a common range of meanings. The texts are also
scanned for the occurrence of the code integrity. And from the texts, a set of nouns are assembled that
are synonyms, near-synonyms, or hyponyms of integrity.
rizalino noble malabed analyzing corruption laws

(b) the frequencies and distribution of these words across the selected texts;3 and (c) contexts and

collocations, or an impression of the typical contexts in which these words are used and the

associated words surrounding the keyword.4

All these information are arranged in a table for easy referencing and comparison. Please see

Tables 1 and 2 in the Appendix for the results of the content analysis.

Discourse analysis, on the other hand, refers mainly to the linguistic analysis of naturally

occurring connected speech or written discourse. It is concerned with language use in social contexts,

and in particular with interaction or dialogue between speakers, it takes note of how speakers or sides

perceive and treat their audience. Discourse analysis focuses on how social relations, identity,

knowledge, and power are constructed through written and spoken texts. Specifically, discourse

analysis reveals the plot, framing, agency, influences, and assumptions of the studied texts. An

advantage of discourse analysis is that, coupled with theories of the production and practices of

systems of meanings and how such systems of meanings reproduce the relations of power and

influence in society, the researcher can make insightful statements about the socio-political

implications of language use.

In this research, discourse analysis results feed back into the content analysis of the research's

data and provides the elements and relations that make the cognitive maps. Specifically, discourse

analysis yielded a summary of the (a) the texts’ recognized basic entities,5 (b) their assumptions about

3
Frequency and distribution. To gain an idea of the language variety, mode, genre, or discourse
community in which each of the key words in the lexical list is typically used, the frequencies and
distributions for both lists of words mentioned above [in a)] are calculated. Frequency is the number of
times that keywords are used in the texts. Distribution is the frequency per 100 words.
4
Context and collocation. The two lists of words are subjected to concordances and context analyses,
focusing on the location of the words within the outline of the texts and their collocates consisting of
three words before and after each keyword. The lexical lists are expanded with associated words for
both lists, as well as location data for keywords and associated words within the texts.
5
Recognized entities or ontological assumptions. The basic entities construed or recognized as defining
the ontology of the texts are identified. These are entities whose existence are constructed or assumed
by the laws.
rizalino noble malabed analyzing corruption laws

the relationships among these entities,6 (c) the texts' recognized actors and their motives, as well as

their capacity to intervene (to politically act),7 (d) construed metaphors and rhetorical devices in the

texts8, (e) discourse contextual category,9 and (f) theoretical assumptions and placements,10 and (g)

ideological assumptions and context.11 The method also derived a narrative or plot that is foundational

to the stance and prescriptions of the laws; and color-coded versions of specific parts of the laws that

show influences from the more general discourses in society.

These last three elements of the discourse analysis elicit explanations on how social relations,

identity, knowledge, and power are deployed in relation to integrity/corruption. Please see Table 3 in

the Appendix for the discourse analysis summary.

Meanwhile, one of the assertions of discourse analysis is that discourse positions are based on

a basic narrative that inform their beliefs and arguments. The underlying narrative of the laws – their

protagonists, conflicts and resolutions – is pieced together using the categories and results in the

discourse summary above.

In addition, using the discourse contextual levels and the strength of their imperatives (signaled

6
Asserted relations between recognized entities. The assumptions about the natural and social
relationships between entities are listed. These refer to relationships such as hierarchy, competition,
cooperation, etc., that are interpreted as inherent to the interactions between the recognized entities of
the discourse.
7
Recognized agents and their motives. The recognized actors or agents are listed, together with the
extent, efficacy and levels of their possible interventions. The rationale or motives of their agency are
also identified.
8
Metaphors and rhetorical devices. The construed key metaphors and rhetorical devices are deployed by
the texts to convince readers by putting or painting a situation in a particular light. These are identified in
the texts.
9
Discourse contextual level. The discourse data studied are already determined to be generally at the
level of law-making. But source discourse types such as cultural, juridical, moral/religious, political,
nationalistic, etc. can be determined or identified from the texts themselves. This means that the laws
are part of a dialogue with the other societal discourses on corruption and are influenced by such other
discourses.
10
Theoretical assumptions and placements. The affinity of the texts to particular theoretical positions or
statements on corruption and integrity are identified.
11
Ideological assumptions and contexts. The systems of meanings in which the particular discourses on
corruption and integrity are embedded are determined.
rizalino noble malabed analyzing corruption laws

by such words as always, never, encouraged, enjoined) within the laws, the texts are color coded. A

visual representation of the categories that influenced the laws is rendered. Please see Figures 1 and

2 below for the results. The color codes are the following:

Value source Imperative

cultural/morality/religion weak strong forceful
economic/market weak strong forceful
political/bureaucratic/juridical weak strong forceful
patriotic/nationalistic weak strong forceful
words or phrases are also colored: general policies; corruption; integrity

The method of cognitive mapping refers to the process of graphically (in flowchart form) representing

an individual’s or and entity's belief system. The cognitive map is derived from the assertions made of

an individual’s/entity's beliefs. As a model, the cognitive map simplifies what it represents. Applied to

this research, the cognitive map is derived from the assertions or beliefs made explicitly or implicitly in

the documents studied.

In this research, the cognitive maps are asserted to be representative of how the laws and the

institutions that made, apply, and interprets the laws “think.” (Please see Figures 3 and 4 below for the

cognitive maps.) The texts are visually represented as cognitive maps and then are compared. The

elements of a cognitive map are concepts and causal beliefs, considered as variables and relations.

For example:

individuals predisposition
motivated by self-interest -> + -> to commit corrupt acts

This sign directed graph (sign digraph) can be read as “Individuals motivated by self-interest are

predisposed to commit acts of corruption.” The sign in between the causal or relationship arrows can

indicate direct or indirect relationships (+ or –), equivalence (=), and other relations. The signs that
rizalino noble malabed analyzing corruption laws

signify other relations that are used in this research are: # - benefits; * - motivates; and @ - enables.

III. Summary of Findings, Interpretations and Conclusions

Content Analysis Findings, Interpretation and Conclusions. Based on Table 1 and Table 2 (see

Appendix), Table 4 below summarizes the occurrences of words that are synonyms, near-synonyms,

or hyponyms of corruption and integrity for both RA 3019 and RA 6713. RA 3019 has more words for

corruption and RA 6713 appears to treat both corruption and integrity with equal importance.

Table 4: Frequency of synonyms, near-synonyms, or hyponyms of corruption and integrity

Lexical Items/ Keywords RA 3019 RA 6713

for synonyms, synonyms,
near-synonyms, or near-synonyms, or
hyponyms of hyponyms of

corrupt 52 32

integrity 8 46

The lexical equivalents or near-equivalents of corrupt/ion in RA 3019 are graft, omissions,

unlawful, violation, offense, benefit for himself/favoring his own interest/personal gain/personal

pecuniary interest, undue injury/discriminating against, unwarranted benefits/undue advantage,

grossly disadvantageous to government, prohibited, inequitable, irregular, capitalize, exploit, take

advantage, prohibited interest, property and/or money manifestly out of proportion to his salary and to

his other lawful income/unexplained wealth, criminal, bribery, and conspiracy. The lexical equivalents

or near-equivalents of integrity in RA 3019 are public trust, compliance/act lawfully performed/lawful,

true and sworn, legitimate. Most near-equivalents of corrupt/ion are legal terms. There are equivalents

that recall moral terms like inequitable and take advantage, and economic terms like exploit and
rizalino noble malabed analyzing corruption laws

interest. But these usually are defined legally, or preceded and followed by legal terms as the

collocates show. All near-equivalents of integrity are legal terms.

The lexical equivalents or near-equivalents of corrupt/ion in RA 6713 are prohibited/prohibition,

violation, personal/private interest, undue patronage/favor/advantage, red tape, extravagant and

ostentatious, temptations, unlawful/acts contrary to law, conflict of interest, criminal, and conspiracy.

The lexical equivalents or near-equivalents of integrity in RA 6713 are exemplary,

accountable/accountability, responsibility, competence/excellence, loyalty/loyal, patriotism/nationalism,

justice/justness, modest lives/simple living, commitment/uphold public interest/true to the

people/responsiveness to the public, efficient/effective, honest/sincerity, professionalism, devotion and

dedication to duty, respect the rights of others, political neutrality, prompt/expeditious, courteous,

commitment to democracy, and outstanding merit.

Table 5 below, on the other hand, shows the frequency of the most common synonyms,

near-synonyms, or hyponyms of corruption and integrity and Table 6 shows the same for RA 6713.

The most common words used interchangeably with corruption in RA 3019 are words that places

corruption vis a vis the law. Corruption is against the law. In RA 6713, corruption is against the law but

is also recognized as conflict of personal and public interest in the public official or employee. The

law, thus, provides a code of conduct that will guide behavior in such cases of conflicts of interests and

measures that will encourage the implementation of the said code of conduct. Integrity in RA 3019, on

the other hand, is seen as behavior in accordance to law. Integrity is lawful. RA 6713, meanwhile, sees

integrity as connected to a public official/employee's commitment, devotion and loyalty to the people or

public.

Table 5: Frequency of the most common synonyms, near-synonyms, or hyponyms of corruption and
integrity in RA 3019

Most common for RA 3019

corrupt integrity
rizalino noble malabed analyzing corruption laws

unlawful 8 lawful, etc. 4

offense 6 legitimate 2

violation 4 public trust 1

Table 6: Frequency of the most common synonyms, near-synonyms, or hyponyms of corruption and
integrity in RA 6713

Most common for RA 6713

corrupt integrity

violation 8 committment/true to the 5

people or public
prohibited 7 promptly/expeditiously 5

conflict of interest 3 loyalty 4

The textual structure RA 3019 is fairly simple. Half of the text defines what is corruption and the

other half proscribes its many manifestations with corresponding punishments. From the quantity and

distribution of the lexical equivalents of corrupt/ion and integrity, the research finds that the law is more

concerned with defining and proscribing corruption than defining and encouraging its opposite.

Near-equivalents for word/concept integrity are mostly located in the laws prescriptions for

procedures/requirements of government that address corruption (such as the provisions on SALs or

statements of assets and liabilities). They function more as aids in the explanations for the processes

of government than guides for right conduct in government;

The textual structure RA 6713, on the other hand, is complex. It defines and proscribes

corruption but it also enumerates, explains, and provides processes and incentives for good conduct

amongst public officials. The law is more preoccupied with defining and prescribing a code of conduct

for public officials. Thus, the law uses more words, compared to RA3019, that are hyponyms of

integrity. The lesser quantity (but still considerable) of words or phrases that are near-equivalents to
rizalino noble malabed analyzing corruption laws

corrupt/ion can be partly explained by the fact that this relatively newer law does not supplant the

previous laws on corruption but adds to them. The hyponyms and near-equivalents of integrity,

however, are mainly located in the portions of the law that lists the expected superior conduct of public

officials and the supposed incentives that will promote such conduct. The rest of the law still deals with

proscriptions and penalties for corrupt acts; that is, near-equivalents of corrupt/ion are distributed

almost evenly over the length of the text and near-equivalents of integrity are mostly confined to a

specific section of the text.

The near-equivalents and hyponyms of corrupt/ion and integrity in RA 6713 are not just legal

terms but are a mixture of terms with sources outside of the system of laws. They are indicative of

judgments and values that range from the political and bureaucratic, to the moral, religious,

market-defined, nationalistic, etc. Terms such as effective/efficient and professionalism are usually

associated with the market, or more specifically with the human resource discourse within the private

sector. Red tape, political neutrality, outstanding merit, etc. are usually terms linked to political and

bureaucratic values. Meanwhile the term temptations is religious; extravagant/ostentatious, just/ness,

sincerity, etc. are moral judgments; and loyalty, true to the people, and nationalism are patriotic

values. Collocates of the near-equivalents of integrity, such as at all times, always, must, shall, etc.

indicate the high standard of conduct expected from public officials. And yet the law itself recognizes

that such high standard is rare through prescriptions of limited awards and incentives. Reading

through the law's list of good or expected conduct makes its dissonance with the experience of actual

governmental practice more apparent and immediate.

RA 3019 is mostly a legal document embedded in the system of laws and inspired by the

discourse of laws. To hazard an interpretation, RA 3019 is not influenced and doesn't engage with

other worldviews or discourses on corruption and integrity, such as religion, morality or nationalism.

RA 3019 is concerned with defining and proscribing corruption and not at all interested in defining and

encouraging its opposite. It is not influenced and does not engage with other world views or
rizalino noble malabed analyzing corruption laws

discourses on corruption and integrity. This conclusion is reasserted in the discourse analysis results.

Comparing the results of the content analyses on the two laws suggests major differences in the

principles that underpin them and the worldview in which they are embedded. While both laws

participate in the discourse of the system of laws, only RA 6713 participates in the bigger societal

discourse on corruption and is influenced by other worldview that are concerned with corruption –

morality and religion, values valued in the economy, political and bureaucratic values, and patriotic

ideals. This conclusion is also reasserted in the discourse analysis results.

The same initial conclusions can be said of the Congressional hearings that made the laws.

The Congressional committee hearings for RA 6713 were more open to the participation of other

societal sectors such as academic organizations, NGOs and professional associations. These

organizations provided resource persons and submitted position papers that were read in the

hearings. Perhaps these participations are the sources for influences seen in the law. The Bicameral

Conference Committee that consolidated both Houses' versions of the legislation openly

acknowledged the contribution of University of the Philippines' faculty in the formulation of the law. The

Congressional committee hearings for RA 3019, meanwhile, were mainly participated by

Representatives and legal experts. This explains the purely legal viewpoint of the law.

Discourse Analyses Findings, Interpretation and Conclusions. Based on the results summarized

in Table 3 (please see Appendix) the research finds that RA 6713 recognizes more entities, and as

such, more potential agents with differing capacities for intervention. The relations amongst these

recognized entities also make for a more complex interactions that make or prevent corruption and

promote integrity. RA 3019, meanwhile, limits itself to government entities that can commit or prevent

corruption on one hand and private entities that enable corruption on the other.

The asserted relations between recognized entities in RA 3019 are: between government/law

and public officers – prohibition, obedience and compliance but also violation; between
rizalino noble malabed analyzing corruption laws

government/law and private entities – public service, prohibition but also compliance and violation;

between public officers and the public – obligation; amongst public officers – persuading, inducing,

influencing; and between public officers and private entities – government transactions/

business/applications but also the requesting of benefits, capitalizing and exploitation of relation. The

relation between law/government and public officers is hierarchical. Private interest is seen to benefit

from, motivates and enables corruption. Family and close personal relations are also seen to benefit

from, motivate and enable corruption. The law, especially its penalties, is seen to prevent corruption.

The asserted relations between recognized entities in RA 6713 are: between government/law

and public officials – prohibition, guide, monitoring and evaluating, inducements and rewards, and

obedience but also violation; between government/law and private entities: public service and

prohibition, also compliance but violation as well (as co-principals, accomplices, accessories);

between public officials and public/people/nation/democracy – obligation, loyalty, commitment,

professionalism (effective/efficient), responsiveness, exemplar of simple living; between public officials

– persuading, inducing, influencing but also exemplar of good conduct (in the case of exemplary

service awardees); between public officials and private entities – government transactions/approval of

applications, but also soliciting, accepting, conspiring, and enabling as co-principals, accessories,

accomplices in corrupt acts. The relations between law/government/specific state institutions and

public officials and employees are hierarchical. Like RA 3019, Private interest is seen to benefit from,

motivates and enables corruption. Family and close personal relations are also seen to benefit from,

motivate and enable corruption. The law, especially its penalties, is seen to prevent corruption.

Additionally, nationalistic, moral, and democratic values are seen to prevent or discourage corruption.

These recognized entities and their relations make for a short list of agents and their motives in

the case of RA 3019 and a longer and relatively more complex list for RA 6713. Table 7 below shows

both lists and the possible level/type of intervention available to these agents. RA 3019 sees the

government and law, motivated by public interest, as preventing corruption. Additionally, the
rizalino noble malabed analyzing corruption laws

government is seen as victim of corruption. Meanwhile, private entities are motivated by private

interest an can potentially abet corruption. Public officials can be motivated by private interest that can

trump their loyalty to the public interest and thus are potentially corrupt. RA 6713 subscribes to the

same assertions about the motivations and potentials of recognized entities as agents. However, it

prescribes a host of other values that promote public trust to motivate public officials and employees. It

also prescribes incentives and awards to encourage such motivations. Finally, RA 6713 recognizes

that the public are victims of corruption but provides an avenue for citizens to intervene and prevent

corruption (by lodging complaints, for example).

Table 7: Recognized agents and their motives in RA 3019 and 6713

RA 3019 RA 6713

Recognized agents government – public good/prevents government – public good/prevents

and their motives corruption, victim of corruption
law – public good/ prevents corruption
public officer – public interest but also
private interest/ potentially corrupt
private entities – private interest/
potentially corrupt
family/relative – private interest/
potentially corrupt
close personal relations – private interest/
potentially corrupt
corruption, victim of corruption
law – public good/ prevents corruption
Civil Service Commission, Ombudsman,
Commission on Audit – public good/
prevents corruption
public official and employees –
public good/private interest; also rewards
and inducements;
should be motivated by commitment to
public interest, professionalism, justness
and sincerity, political neutrality,
responsiveness to the public, nationalism
and patriotism, commitment to democracy,
and simple living/ potentially corrupt
private persons/enterprise – private
interest/ potentially corrupt
family/relative – private interest/ potentially
corrupt
citizens/public – public good, transparency,
free information/ victims of corruption but
can prevent corruption

The language of RA 3019 is primarily juridical and bureaucratic. But there are some cultural

and market or business references (as seen in list of equivalents and near-equivalents of the words
rizalino noble malabed analyzing corruption laws

corruption and integrity in the content analysis above), especially in its definition or explanations of

what is corrupt. The language of RA 6713, meanwhile, is also primarily juridical and bureaucratic. But

there are words (again, as seen in list of equivalents and near-equivalents of the words corruption and

integrity in the content analysis above) derived or sourced from political, cultural, moral, nationalistic,

and religious (e.g., words like devotion, temptation, and bad faith) discourses. These words are mostly

located in the portion of the law that prescribes a code of conduct for public officials. This supports the

conclusion in the content analysis that RA 6713 participates or is influenced by other societal

discourses on corruption.

In relation the points made in section 5 above, RA 3019 sees corruption as primarily an issue

of juridical and public administrative/bureaucratic concern. Corruption is caused by the incursion of

private interest in public affairs. Societal and market/business relations are sources of private interests

that abet corrupt acts. RA 6713, meanwhile, also sees prohibited acts as issues of juridical and

administrative/bureaucratic concern. But citizens have limited powers of intervention. Prohibited acts

are believed to be products of conflict between public and private interests in public affairs.

Culture-defined and market/business connections are seen as sources of private interests that conflict

with the public interest. The law believes that a high level of ethical standards embodied in a code of

conduct should guide public service. These are nationalism, commitment to the public good and to the

people as ideals, professionalism, justice, sincerity, transparency, political neutrality, democracy,

simple living.

Both laws believe that private interest in public service is bad, that the market and society in

general are sources of private interest that can motivate corruption, that laws and penalties can

prevent corrupt acts. Additionally, RA 6713 believes that nationalistic values, market measures of

effectiveness and efficiency, as well as democratic ideals – such as the sovereignty of the people,

justice, neutrality, and transparency can help public interest win over private interest in public service.
rizalino noble malabed analyzing corruption laws

The plot or narrative that both laws subscribe to is simple and straightforward: In the arena of

public service, public officials and employees are the protagonists that seek to deliver government

services to the general public. Ideally, public officials should be motivated by the public good. But

private interests from the greater society violate the sacred space of public service and induce

(RA3019) or tempt (RA6713) public officials and employees into committing corrupt acts. Laws and

penalties can discourage corruption and insulate the protagonists from private interests. Left on its

own, private interest can conflict with public interest that can injure both government and the public.

Public officials must be further shielded from private interests and from society (family, economy,

friends/personal relations, etc.). Rewards and incentives for resisting private interest is a shield. Soare

nationalistic, democratic, and moral values. Professionalism will further shield our protagonists from

the evils of private interests. Thus resolved: isolated from society but in camaraderie with other public

officials and employees, exemplary public service and the public good will prevail.

There is a touch of absurdity to this plot. After all, we know that the public and the private are

intimately entangled in everyday societal interactions. Boundaries and limits blur in the same persons

of our protagonists above and in ordinary individuals. The public that the government seeks to serve

are made of private individuals and private interests, and includes the government's own public

officials and employees. Public service reaches and benefits its public individually/personally. The

actual experience of corrupt acts is not so clear-cut to an individual embedded in society, of which the

government is also a part. The clarity and distance of the law is to the belligerent muddiness and

immediacy of the act. This brings us back to the more immediate task of presenting and interpreting

the analysis made of the laws' discourse. In the minutes of the Bicameral Conference Committee that

consolidated the proposed legislations that later became RA 6713, one of the things that stand out is

the admission of the member Senators and Congressmen of the “exhortatory” or suasive character of

the code of conduct embodied in the law (House of Representatives, 1988b). This is manifested n the
rizalino noble malabed analyzing corruption laws

language of the law that mostly encourage, exhort, persuade, enjoin public officials and employees to

uphold the ethical standards. Figures 1 and 2 show color-coded portions of the laws, RA 3019 and RA

6713 respectively. The specific pages are chosen because they exhibit the most colors. The rest of the

documents are boring gray all through out. Please refer to section 2.1.3 of part III of this report for the

color codes. Figure 1 shows that RA 3019, if it converses or if it is influenced by other societal

discourses at all, uses words that are sourced from market-based and cultural discourses. The

imperatives of these influences are usually strong. This is because RA 3019 is unwavering in its

perception of society/culture and market as purveyors of private interests.

Figure 1: Color Coded RA3019

Figure 2, meanwhile, shows the greater influence of other discourses in RA 6713. But the

imperatives of these discourses are usually weak because the law usually only exhorts their adoption

and implementation.
rizalino noble malabed analyzing corruption laws

Figure 2: Color Coded RA6713

rizalino noble malabed analyzing corruption laws

Content Analysis Findings, Interpretation and Conclusions. As laid out in the narrative or plot that

underpins both laws, there is not much difference in the basic assumptions and beliefs between RA

3019 and RA 6713. This is further illustrated in Figures 3 and 4. What RA 6713 does add are more

solutions to the manifestations of corruption, already identified in the earlier law. In so doing, RA 6713

engages more societal discourses on corruption. But the law deploys what it borrows from these

discourses in the same way RA 3019 deploys its only and penultimate solution to the problem of

corruption. Insulate and shield public officials and employees from private interests. Arm them with

values that can help them fight the influence of private interests.
rizalino noble malabed analyzing corruption laws

Both laws do not consider the possibility that Alejo (2010) already proposed in his books

Ehem! and Ehemplo, that so-called private interests can be allies and resources in the fight against

corruption: that family and friends can support whistleblowers, that they can demand acts of integrity in

public service from their fathers/mothers/sons/daughters/friends, etc. The point is that society is

neither good or bad (or that it is both good and bad). The church or its leaders for example, can accept

luxury vehicles and other donations from government operators of legalized gambling, which the

church as an institution opposes (Dizon, 2011). The church can also lead a moral renewal that makes

the public good a strong and powerful private interest for public officials and employees.
rizalino noble malabed analyzing corruption laws

IV. References

Alejo, A. E., SJ & Amorado, R.V. (2003). Ehem! A manual for deepening involvement In combating
corruption. Quezon City: Philippine Province of the Society of Jesus.

Alejo, A.E. (2010). Ehemplo. Research on Spirituality No. 6., Quezon City: Institute of Spirituality in
Asia.

Axelrod, R. (1976). Structure of decision: The cognitive map of political elites. Princeton, NJ: Princeton
University Press.

Corruption getting worse, says poll. (2013, July 9). BBC News. Retrieved on 30 October 2013.
Retrieved from http://www.bbc.co.uk/news/business-23231318.

Bernard, R.H. (2002). Research methods in Anthropology. New York, Oxford: Altamira Press.

Bolongaita, E. (2010) An exception to the rule? Why Indonesia’s Anti-corruption Commission

succeeds where others don’t – a comparison with the Philippines’ Ombudsman.
Anti-Corruption Resource Center. Retrieved on 30 October 2013. Retrieved from
http://www.cmi.no/publications/file/3765-an-exception-to-the-rule.pdf.

Breit, E. (2010). On the (re)construction of corruption in the media: A critical discursive approach.
Journal of Business Ethics, 92 (3), 619-635.

Civil Service Commission. (1989, April 21). Rules implementing the Code of Conduct and Ethical
Standards for Public Officials and Employees (RA 6713). Quezon City: Author.

Congress of the Philippines. (1960). Republic Act No. 3019: Anti-Graft and Corrupt Practices Act.
Manila: Author.

Congress of the Philippines. ( 1989). Republic Act No. 6713: Code of Conduct and Ethical Standards
for Public Officials and Employees. Quezon City: Author.

De Dios, E.S., Ferrer, R.D., Mendoza, A. M., Virtucio, M.A.G., Lalunio, M. P., Lim, J.Y. & Pascual,
Cl.G. (2000). The political economy of corruption: Studies in transparent and accountable
governance. Transparent and Accountable Governance Project.

Dizon, David. (2011). Bishops got Crosswind, Montero: PCSO. abs-cbnnews.com. Posted on 6 July
2011. Retrieved on 30 October 2013. Retrieved from
http://www.abs-cbnnews.com/nation/07/06/11/pcso-not-supposed-give-away-suvs-juico

Fairclough, N. (1989). Language and power. London: Longman.

Fairclough, N. (1995). Critical discourse analysis. Boston: Addison Wesley.

rizalino noble malabed analyzing corruption laws

Henig, D. & Makovicky, N. (2013, July 11). Stinking fish and coffee: The language of corruption. BBC
News. Retrieved on 30 October 2013. Retrieved from
http://www.bbc.co.uk/news/magazine-23227391.

House of Representatives. (1988, March 10). Minutes of the Sub-Committee on Quasi-Judicial, Legal,
and Public Sector, Committee on Civil Service. Quezon City: Author.

House of Representatives. (1988a). Committee Report No. 114, Committee on Civil Service. March
23, 1988. Quezon City: Author.

House of Representatives. (1988b). Minutes of the Joint Conference, Committee on Ethics and
Committee on Civil Service. August 11, 1988. Quezon City: Author.

Maras, Konstadinos (2007). Tracing the elusiveness of political corruption: A discourse analysis.
Discussion Paper Series No 3, Sixth Framework Programme of the European Commission.
Retrieved on 30 October 2013. Retrieved from
http://kops.ub.uni-konstanz.de/bitstream/handle/urn:nbn:de:bsz:352-opus-42173/Discussion_Paper_N
o_3_Konstadinos_Maras_July_2007.pdf?sequence=1.

Moratalla, N. (2000). Graft and corruption: The Philippine experience. Resource Material Series No.
56, 113th UNAFEI International Training Course. Retrieved on 30 October 2013. Retrieved
from www.unafei.or.jp/english/pdf/RS_No56/No56_00All.pdf.

Miller, R.A. (2008). The erotics of corruption: Law, scandal, and political perversion. Albany, NY: State
University of New York Press.

Orpin, D. (2005). “Corpus linguistics and critical discourse analysis: Examining the ideology of sleaze.
International Journal of Corpus Linguistics 10 (1), 37-61.

Tuazon, B. (Ed.). (2007). Dissecting corruption: Philippine perspectives: 2005 Proceedings of the
National Study Conference on Corruption. Quezon City: Center for People Empowerment in
Governance.
rizalino noble malabed analyzing corruption laws
rizalino noble malabed analyzing corruption laws
rizalino noble malabed analyzing corruption laws

V. Appendix
rizalino noble malabed analyzing corruption laws
rizalino noble malabed
Table 3: Summary of Discourse Analyses, RA 3019 and RA 6713
RA 3019
Recognized entities or Government, government-owned
ontological assumptions corporations
Constitution, law, rules and
regulations
public trust
public officers
public interest
private persons/party/individual
family (consanguinity, affinity)
close personal relation
(friends, social/fraternal
relations, professional
employment)
private enterprise
private interest/gain (financial,
material)
corrupt practices
Asserted relations between government/law and public
between recognized officers: obedience, prohibition,
entities compliance but also and
violation
between government/law and
private entities: public service
but also obedience, prohibition,
compliance but also violation
between public officers and public:
obligation
between public officers: persuading,
inducing, influencing
between public officers and private
entities: transactions/
business/applications but also
requesting benefits, exploit,
capitalize on such relations
analyzing corruption laws
RA 6713
State, Government, House of
Congress, Civil Service
Commission, Ombudsman,
Commission on Audit
Constitution, law, rules and
regulations, code of
conduct/ethical
standard
nation, people, public, citizens
public officials and employees
public interest
family (spouses, unmarried
children under 18)
relatives (consanguinity,
affinity, other relations)
private enterprise, business,
corporations
personal interest (financial and
material)
prohibited acts and transactions
conflict of interest
exemplary service
between government/law and public
officials: obedience, prohibition,
guide, compliance, monitoring
and evaluating, inducements and
rewards but also and violation
between government/law and
private entities: public service but
also obedience, prohibition,
compliance but also violation (as
co-principals, accomplices,
accessories)
between public officials and
public/people/nation/democracy:
obligation, professionalism
(effective/efficient)
responsiveness, loyalty,
commitment, exemplar of simple
living
rizalino noble malabed
RA 3019
hierarchical relations between
law/government and public
officers; no recognized hierarchy
between public officials
public office is public trust
private interest benefit from,
motivates and enables
corruption
family and close personal relations
benefit from, motivate and
enable corruption
law/penalties prevent corruption
Recognized agents and government – public good
their motives law – public good
public officer – public
interest/private interest
private entities – private interest
family/relative – private
interest
close personal relations – private
interest
analyzing corruption laws
RA 6713
between public officials: persuading,
inducing, influencing but also
exemplar (in terms of awardees)
between public officials and private
entities: transactions/ approval of
applications but also soliciting,
accepting, conspiring, enabling
as co-principals, accessories,
accomplices
hierarchical relations of authority
between law/
government/specific state
institutions and public officials
and employees; no practical
recognition of hierarchy between
public officials and employees
public office is public trust
private interest benefit from,
motivates and enables corruption
family and close personal relations
benefit from, motivate and enable
corruption
law/penalties prevent corruption
nationalistic, moral, democratic and
other values prevent or
discourage corruption
government – public good
law – public good
Civil Service Commission,
Ombudsman, Commission on
Audit – public good
public official and employees –
public good/private interest; also
rewards and inducements;
should be motivated by:
commitment to public interest
professionalism
justness and sincerity
political neutrality
responsiveness to the public
nationalism and patriotism
commitment to democracy
simple living
private persons/enterprise –
private interest
family/relative – private
interest
rizalino noble malabed
RA 3019
Metaphors and rhetorical public office is a public trust
devices use of words from culture and
market discourses in defining
corruption
prohibition, violation, offense,
unlawful
Discourse contextual primarily juridical and
level bureaucratic; also cultural and
market/business in defining
what is corrupt
Theoretical assumptions corruption is primarily an issue
and placements of juridical and public
administration/bureaucratic
concern
corruption is primarily a
product of conflict between
public and private interest in
public affairs
culture and market/business
are sources of private interests
that conflict with public interest
Ideological assumptions bureaucratic/public
and contexts administration: public interest
conflicts with private interest
market and cultural: sources of
analyzing corruption laws
RA 6713
citizens/public – public good,
transparency, free information
public office is a public trust
commitment to public interest
public officials and employees
shall at all times be loyal to the
Republic and to the Filipino
people
use of words from culture and
market discourses in defining
prohibited acts
language; phrasings or words that
are not only juridical but also
sourced from other discourses
high ethical standard
prohibition, violation, unlawful
incentives and rewards
primarily juridical and
bureaucratic; but also political,
cultural, moral, nationalistic; also
low level of religion (use of words
like temptation, devotion, bad
faith)
prohibited acts are primarily
issues of juridical and public
administration/ bureaucratic
concern but citizens have limited
powers of intervention
prohibited acts are primarily
products of conflict between
public and private interest in
public affairs
culture and market/business
are sources of private interests
that conflict with public interest
high level of ethical standards
embodied in a code of conduct
should guide public service
nationalism, commitment to the
public good and to the people as
ideals, professionalism, justice,
sincerity, transparency, political
neutrality, democracy, simple
living are the foundations of
conduct in public service
bureaucratic/public
administration: public interest
conflicts with private interest;
ethical standards/code of conduct
 rizalino noble malabed
RA 3019
private/personal interest
juridical: laws, violations,
penalties (penalties applies
justice to violations and
prevents future perpetrations)
View publication stats
analyzing corruption laws
RA 6713
market and cultural: sources of
private/personal interest
juridical: laws, violations,
penalties (penalties applies
justice to violations and prevents
future perpetrations)
economy/market: measures of
effectiveness and efficiency
nationalistic: commitment to
people/public, promote local
political, democratic:
people as sovereign, public good,
justice, neutrality, transparency,
public and citizens as agents