ETHICAL AND SOCIAL ISSUES IN CORRUPTION IN LAW ENFORCEMENT by ATTY. ALAN R. CAÑARES

1. ETHICAL AND SOCIAL ISSUES IN CORRUPTION IN LAW ENFORCEMENT by ATTY. ALAN R. CAÑARES

2. 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)

3. Why is there a need to discuss ethics?

4. 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.

5. 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

6. The ultimate end in a corrupt act is the pursuit of happiness.

7. What is then the real evil in graft and corruption?

8. GREED

9. 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)

10. Why do some officials corrupt themselves?

11. 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.

12. J. van Klavern : Root of corruption lies in the apetitus divitiarum infinitus, the insatiable avarice that is one of the human weaknesses.

13. HUMAN WEAKNESSES • anger • envy • lust • sloth • avarice • pride • gluttony

14. MATERIALISM VANITY GREED DISCONTENT ENVY APATHY

15. 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.”

16. Three Forms of Greed • An obsessive desire for ever more material goods and the attendant power • A fearful need to store up surplus goods for a vaguely defined time of want • A desire for more earthly goods for their own sake

17. Definitions of Corruption

18. 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.

19. 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.

20. 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.

21. 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.

22. Graft vs. Corruption

23. Graft (internal) - parasite-host relationship parasite – public official host – government Corruption (external) - predator-prey relationship predator – public official prey – public

24. 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.

25. Positive Traditional Filipino Values • Pakikisama • Pakikibagay • Utang na Loob • Hiya • Timbang ng Dugo

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

31. 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.

32. Negative reactions of the society to any deviant behavior: • pagsaway • pagtikis • pagsumbat • pag-usig • pagganti

33. When positive traditional values are carried to the extreme by people in government, graft and corruption is bred.

34. 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.

35. Filipino practices with deep cultural roots: • 1. Lagayan or suholan • 2. Palakasan or sipsipan or lakaran • Tulugan or saka na lang or mamaya na • Lutuan or laglagan or gapangan or sulutan • Aregluhan or ayusan or arboran or lusutan • Bigayan or tanggapan

36. Typology of pagtanggap • 1. Regalo or bigay or tip • a. “wala lang” – future (pakikisama) • b. “kapalit” – present (hiya) • c. “kabayaran” - past (utang na loob) • Padulas (grease money) / langis • Hingi / Pitik / Kamig / Arbor • Amot / Huthot / Dekwat / Nenok / Buriki/ Umit • 5. Kickback / Porsyento / SOP / For the Boys / Kupit / Komisyon/ Subi

37. Typology of pagtanggap • Lagay / Suhol • Kotong / Tong • Kikil /Dugas

38. Money Token Free meal Donation Simulated sale commodatum Discounts Entertainment Travel Scholarship Sexual favors Other advantages Gifts may come in various forms:

39. 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.

40. Moral Dilemma: Honesty versus Loyalty

41. Two types of loyalty or allegiance • Horizontal or dog loyalty – loyalty to a small group of people due to adherence to traditions or in expectation of personal benefits. • Vertical or cat loyalty – loyalty to a large group of people due to personal ideology, belief, conviction, etc.

42. kapamilya kamag-anak kaibigan LOYALTY/ALLEGIANCE TO A SMALL GROUP OF kasama/kagrupo PEOPLE (horizontal or dog loyalty) kababayan kabaro/kapanalig kakilala

43. PNP LOYALTY/ALLEGIANCE Phil. government TO A LARGE GROUP OF PEOPLE lipunan (society) (vertical or cat loyalty) bansa (nation) sangkatauhan (humanity)

44. Loyalty Spectrum: kasabwat karamay kakuntsaba kaagapay kampon katuwang kasapakat kabalikat kasangkot katulong

45. Lack of loyalty or allegiance to a large group of people is due to selfish goals in enlistment in law enforcement.

46. 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

47. AKRASIA • Weakness of will • There are very few evil men in government but many who succumb to the weakness of the will.

48. Akrasia refers to acting in a way that is contrary to one’s own best interest.

49. 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.

50. 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.”