INTRODUCTION

Graft and corruption are pervasive issues that plague every human society. From
ancient times to the modern era, corruption has consistently been the sinister force behind
the abuse of power and the downfall of empires and governments. Even today, it continues
to rear its ugly head in the highest echelons of power. As Lord Acton aptly noted, "Power
corrupts, and absolute power corrupts absolutely." The unwitting victims of this societal
scourge are none other than the people themselves.

Citizens are often told that their government exists to uplift them, but over time, they
become disillusioned and engage in corrupt activities, rationalizing their actions with the
excuse, "If they can do it, why can't we?" Various measures have been proposed to combat
corruption, but many of them have failed due to a lack of independence in the bodies
created to fight corruption. These agencies often bow to the very power that appointed them,
succumbing to political pressure and undermining their anti-corruption efforts. As a result,
public funds meant for essential purposes are diverted, leading to fiscal crises and budget
deficits. Inflation and rising prices become the norm, and the working class struggles to
make ends meet. Worse yet, people's faith in their government dwindles. Gone are the days
when citizens looked up to their government officials with respect and admiration. The
Philippines, in particular, is grappling with a fiscal crisis as public funds fall short of serving
the people's needs. A significant portion of these depleted funds is lost to corruption,
contributing to the nation's financial meltdown. During election campaigns, politicians often
make verbal attacks against corruption, but allegations of corruption are thrown from one
candidate to another, leaving voters confused about who is genuinely corrupt. Poverty is a
direct consequence of corruption, as the government can no longer provide basic services
such as housing, education, food, healthcare, employment, infrastructure, peace and order,
transportation, environmental protection, and justice. These funds are often diverted for
personal gain by government officials. A recent World Bank report revealed that the
Philippines' ability to improve governance and combat corruption has declined over the past
eight years. Despite its vibrant democracy and free press, the country's control of corruption
benchmark has fallen significantly. This erosion of governance is hampering economic
growth and development. The report also indicated that the Philippines' corruption ranking
had slipped compared to other countries. Another survey conducted by the Political &
Economic Risk Consultancy Ltd. ranked the Philippines among the most corrupt countries in
Asia. Investors are increasingly concerned about corruption in the Philippines, which is
hindering economic growth and deterring foreign investments. The situation has the potential
to lead to popular uprisings if the people reach a breaking point.

In this context, the Office of the Ombudsman, established by the 1987 Constitution, was
created to be an independent body responsible for investigating government officials
suspected of corruption. However, this office faces numerous challenges in combating
corruption effectively. This book focuses on the obstacles in the fight against corruption, the
investigation and prosecution systems in Hong Kong, Japan, and Australia, and potential
solutions to overcome these challenges. Ultimately, the goal is not only to reform the current
systems in the Philippines but also to change the perspective on the fight against graft and
corruption, aiming for a more transparent and accountable government.
SUMMARY

The book "Fighting Corruption" by Dr. Raymundo Julio A. Olaguer provides a

comprehensive overview of the topic of corruption in the Philippines.

"The Arias Doctrine, as established in the case of Amado C. Arias vs.

Sandiganbayan, holds significant implications in legal matters involving high-ranking
government officials who are accused of violating Republic Act Numbered 3019, Section 3,
paragraph (e). It emphasizes that these officials often rely on the recommendations and
good faith of their subordinates, which frequently leads to their acquittal. This defense is
rooted in the belief that their reliance on subordinates demonstrates good faith, a valid
defense against the charges. The doctrine has consistently been upheld in subsequent
cases. However, critics argue that it can result in the exoneration of high-ranking officials
despite potential corruption. They propose revisiting both the Arias doctrine and the relevant
legal provisions to ensure accountability.

The Office of the Ombudsman in the Philippines faces a severe lack of resources,
including understaffed prosecutors, investigators, and insufficient equipment, which greatly
hampers its ability to handle cases involving government officials across the country.
Investigators are burdened with heavy workloads, and the budget process lacks
transparency and regularity. Low staff salaries make them susceptible to corruption. The
office also struggles with poor case management, technology, and accessibility. The
system's focus on quantity over quality in terms of filed cases has led to a high rate of
dismissal in court, raising questions about the effectiveness of the fight against corruption.
Despite these challenges, efforts to combat graft and corruption continue. Recent reports
suggest improvements, with a growing percentage of cases won in the Sandiganbayan.

The Bank Secrecy Law in the Philippines restricts access to the bank accounts of
public officials suspected of corruption and ill-gotten wealth, except under specific
circumstances. Exceptions include depositor consent, impeachment cases, court orders in
bribery or dereliction of duty cases, and when deposits are subject to litigation. Recent
legislation has also granted the Ombudsman authority to access bank records. However,
these disclosures can only occur when there is a pending court case, limiting the
Ombudsman's investigative powers. While privacy is crucial, finding a balance between
privacy and law enforcement needs remains a challenge, as seen in international practices,
especially in the United States.

The Anti-Wiretapping Law in the Philippines hampers covert investigations of

government corruption cases by preventing the interception of telephone conversations
during clandestine investigations. Unlike countries like the United States, Hong Kong, Japan,
and Australia, which allow telephone interceptions, the Philippines lags in effective crime
detection. While privacy rights are important, striking a balance between privacy and fighting
corruption is essential for the nation's welfare. Current legislation should be applied to
combat malicious wiretapping, not hinder investigations against public officials suspected of
corruption.

In the Philippines, judicial appointments have become highly politicized, with the
practice known as 'snow-paking,' where names are manipulated to ensure politically
connected nominees become judges. This practice undermines judicial independence and
the separation of powers. In other countries like Japan, judges are selected through a
rigorous process, maintaining the integrity of the judiciary. Such practices contribute to
corruption and hinder justice. While not all judges are involved, reform is needed to ensure
fairness and professionalism in the judiciary.

The Philippines adopted a presidential form of government from the United States,
which led to the establishment of a strong president, bicameral legislature, and judiciary.
However, the Philippines also inherited a culture of corruption from Spanish colonial rule,
which persisted after gaining independence in 1946. This corruption, combined with a lack of
strong party structures, has hindered accountability in the Philippines, in contrast to the UK's
parliamentary system with strict accountability and ethics. The text also mentions instances
of corruption in the US political system and its impact.

The 'Hello Garci' scandal involves allegations of election fraud and wiretapped
conversations between President Gloria Macapagal-Arroyo and an election official during the
2004 Philippine elections. The scandal sparked protests and calls for her resignation,
leading to unsuccessful impeachment attempts. The controversy revealed deep divisions
within the nation and raised questions about government corruption and transparency,
leaving the issue unresolved.

The Hong Kong Independent Commission Against Corruption (ICAC) is renowned for
its success in fighting corruption. Established in 1974, it transformed a highly corrupt colonial
city into a relatively corruption-free region. Key factors include a three-pronged strategy
focusing on deterrence, prevention, and education, with deterrence being crucial. The ICAC
primarily allocates resources to its Operations Department, responsible for investigating
corruption, and has succeeded in prosecuting numerous government officials, law
enforcement officers, and private sector individuals. It has also eradicated overt corruption,
ensured clean elections, and changed public attitudes. However, corruption investigations
are challenging due to their secretive nature and potential involvement of powerful
individuals. Corruption often intersects with organized crime, necessitating professional
investigative skills and independence, adequate power, and resources. Maintaining
confidentiality is critical, and international cooperation is essential for cross-jurisdictional
cases. Corruption investigations require highly trained, dedicated investigators who use both
proactive and traditional methods, as well as witness protection. The success of
investigations relies on an effective complaint system, intelligence, and modern technology.
To enhance anti-corruption efforts, some propose reevaluating suspects' right to silence and
the admissibility of telephone intercept evidence in court. Overall, successful enforcement
against corruption is achieved through vigilant and professional law enforcement.

In Japan, law enforcement and legal investigations involve various organizations,

such as the police, judicial police officers, and public prosecutors. Public prosecutors in
Japan have powers equivalent to judges, receive similar salaries, and are protected by law
from arbitrary dismissal. Their duties encompass investigations, initiating prosecutions,
ensuring correct legal application, and judgment execution. Public prosecutors often take up
important roles within the Ministry of Justice. The relationship between the police and public
prosecutors is cooperative but maintains a competitive edge in detecting corrupt cases.
Specialized investigation departments exist in major cities, focusing on cases involving
bribery, trust breaches, tax evasion, and other white-collar crimes. Public prosecutors handle
cases related to corruption, often investigating supplementary details and issuing their own
judgments. Several laws and amendments aim to prevent corruption, such as the National
Public Service Ethic Law and the Political Funds Control Law. The independence of Japan's
judiciary is protected through constitutional provisions, such as vesting judicial power in the
Supreme Court and lower courts and preventing executive branches from having final
judicial power. Judges are appointed by the Cabinet from nominees by the Supreme Court,
and their qualifications and categories vary, including full-fledged judges, assistant judges,
and summary court judges. To address unethical behavior among government officials,
Japan has introduced various legislative measures. Investigation departments in public
prosecutor's offices employ specialized units for self-investigation, meticulously tracing
suspicious financial activities. The overall conviction rate in Japan is high, with most cases
resolved in one to two months, thanks to efficient legal proceedings.

The New South Wales Independent Commission Against Corruption (ICAC) is a

state-level body in Australia established by the Independent Commission Against Corruption
Act 1988. It investigates corrupt conduct within New South Wales. In its 15 years of
operation, the ICAC has received over 25,000 complaints, published numerous investigation
reports, made corruption prevention recommendations, and provided advice and education
on combating corruption. It has exposed corrupt conduct by public officials and played a role
in cultural change within New South Wales' public administration. The Commission's
jurisdiction covers various public sector organizations, and it has conducted major
investigations into systemic corrupt conduct. Besides its investigative functions, the ICAC
engages in corruption prevention and education activities. It is not primarily focused on
securing convictions but rather serves as a fact-finding and investigative body. The ICAC
has various legal powers, including the ability to compel witnesses, obtain documents, and
conduct searches. Additionally, it can apply for listening devices and telephone intercepts.

The document proposes several amendments to improve anti-corruption efforts in the

Philippines. It suggests amending Republic Act No. 3019 to make it easier to convict
superior officers for corrupt practices, increasing the budget of the Office of the Ombudsman
to address overwork and underpayment, and amending the Bank Secrecy Law and the Anti-
Wiretapping Law to give more investigative power to the Ombudsman. Additionally, it
recommends shifting to a parliamentary form of government and having the Cabinet appoint
members of the Judiciary to enhance judicial independence and combat corruption."
SIGNIFICANCE OF THE BOOK
 For myself, the significance of the book "Fighting Corruption" by Raymundo Julio
Olaguer to me is closely tied to my specific interests, goals, and values. It has the
potential to empower me with knowledge and insights, enabling me to engage more
effectively in anti-corruption initiatives or to deepen my understanding of this critical
social issue.

 For communities, the book's significance to communities is in its potential to be a

catalyst for positive change, promoting transparency, integrity, and better governance
within the community.

 For local government units, is a valuable resource for LGUs, offering practical
insights, guidance, and inspiration to improve governance, combat corruption, and
promote transparency and accountability at the local level. It can assist LGUs in
becoming more effective and responsive in serving their communities while
upholding high ethical standards.
REFLECTION

As a political science student, the benefits of learning from the book "Fighting
Corruption" are numerous. Firstly, it provides a deep understanding of the intricate and
pervasive issue of corruption in the Philippines, a critical topic in the field of political science.
This knowledge equips me with the ability to analyze and assess the real-world challenges
faced by the government and legal institutions in combating corruption, which is invaluable
for your academic studies.

I’ll know I’ve learned from this book when I can effectively discuss and analyze the key
concepts and cases it presents. This includes understanding the Arias Doctrine and its
implications, the resource challenges of the Office of the Ombudsman, the intricacies of the
Bank Secrecy Law and Anti-Wiretapping Law, and the political dynamics of judicial
appointments in the Philippines. Furthermore, I'll be able to draw comparisons with
international examples like the Hong Kong ICAC, Japan, and Australia, which enrich your
understanding of anti-corruption efforts worldwide.

Learning from this book enhances my ability to critically assess and discuss corruption-
related issues, equipping me with a broader perspective on governance, law, and politics.
This knowledge will not only benefit my academic pursuits but also prepare me for a deeper
engagement with real-world political and policy challenges related to corruption.
CONCLUSION

The book "Fighting Corruption" by Dr. Raymundo Julio A. Olaguer delves into the
multifaceted issue of corruption in the Philippines and offers valuable insights into the legal,
institutional, and systemic challenges involved.

Key takeaways from the book include an in-depth exploration of the Arias Doctrine,
which has significant implications for legal matters involving high-ranking government
officials accused of corruption, potentially leading to their acquittal. The book also highlights
the resource challenges faced by the Office of the Ombudsman in the Philippines, the
nuances of legal frameworks, the politicization of judicial appointments, and the inherited
culture of corruption. It references notable scandals and provides examples of successful
anti-corruption efforts such as the Hong Kong Independent Commission Against Corruption
(ICAC). The book concludes with proposed amendments to improve anti-corruption efforts in
the Philippines.

As a political science student, reading of this book has equipped me with a profound
understanding of corruption-related challenges, the significance of an independent judiciary,
and the influence of political and cultural factors on corruption. These insights enhance my
ability to critically analyze governance, accountability, and anti-corruption efforts in the
Philippines and abroad, ultimately contributing to my expertise in global governance issues
and offering a path towards policy reform in the pursuit of enhanced governance and
accountability.