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