- •Public Administration And Public Policy
- •Contents
- •Acknowledgments
- •About The Authors
- •Comments On Purpose and Methods
- •Contents
- •1.1 Introduction
- •1.2 Culture
- •1.3 Colonial Legacies
- •1.3.1 British Colonial Legacy
- •1.3.2 Latin Legacy
- •1.3.3 American Legacy
- •1.4 Decentralization
- •1.5 Ethics
- •1.5.1 Types of Corruption
- •1.5.2 Ethics Management
- •1.6 Performance Management
- •1.6.2 Structural Changes
- •1.6.3 New Public Management
- •1.7 Civil Service
- •1.7.1 Size
- •1.7.2 Recruitment and Selection
- •1.7.3 Pay and Performance
- •1.7.4 Training
- •1.8 Conclusion
- •Contents
- •2.1 Introduction
- •2.2 Historical Developments and Legacies
- •2.2.1.1 First Legacy: The Tradition of King as Leader
- •2.2.1.2 Second Legacy: A Tradition of Authoritarian Rule, Centralization, and Big Government
- •2.2.1.3 Third Legacy: Traditions of Hierarchy and Clientelism
- •2.2.1.4 Fourth Legacy: A Tradition of Reconciliation
- •2.2.2.1 First Legacy: The Tradition of Bureaucratic Elites as a Privileged Group
- •2.2.2.2 Second Legacy: A Tradition of Authoritarian Rule, Centralization, and Big Government
- •2.2.2.3 Third Legacy: The Practice of Staging Military Coups
- •2.2.2.4 Fourth Legacy: A Tradition for Military Elites to be Loyal to the King
- •2.2.3.1 First Legacy: Elected Politicians as the New Political Boss
- •2.2.3.2 Second Legacy: Frequent and Unpredictable Changes of Political Bosses
- •2.2.3.3 Third Legacy: Politicians from the Provinces Becoming Bosses
- •2.2.3.4 Fourth Legacy: The Problem with the Credibility of Politicians
- •2.2.4.1 First Emerging Legacy: Big Businessmen in Power
- •2.2.4.2 Second Emerging Legacy: Super CEO Authoritarian Rule, Centralization, and Big Government
- •2.2.4.3 Third Emerging Legacy: Government must Serve Big Business Interests
- •2.2.5.1 Emerging Legacy: The Clash between Governance Values and Thai Realities
- •2.2.5.2 Traits of Governmental Culture Produced by the Five Masters
- •2.3 Uniqueness of the Thai Political Context
- •2.4 Conclusion
- •References
- •Appendix A
- •Contents
- •3.1 Thailand Administrative Structure
- •3.2 History of Decentralization in Thailand
- •3.2.1 Thailand as a Centralized State
- •3.2.2 Towards Decentralization
- •3.3 The Politics of Decentralization in Thailand
- •3.3.2 Shrinking Political Power of the Military and Bureaucracy
- •3.4 Drafting the TAO Law 199421
- •3.5 Impacts of the Decentralization Reform on Local Government in Thailand: Ongoing Challenges
- •3.5.1 Strong Executive System
- •3.5.2 Thai Local Political System
- •3.5.3 Fiscal Decentralization
- •3.5.4 Transferred Responsibilities
- •3.5.5 Limited Spending on Personnel
- •3.5.6 New Local Government Personnel System
- •3.6 Local Governments Reaching Out to Local Community
- •3.7 Conclusion
- •References
- •Contents
- •4.1 Introduction
- •4.2 Corruption: General Situation in Thailand
- •4.2.1 Transparency International and its Corruption Perception Index
- •4.2.2 Types of Corruption
- •4.3 A Deeper Look at Corruption in Thailand
- •4.3.1 Vanishing Moral Lessons
- •4.3.4 High Premium on Political Stability
- •4.4 Existing State Mechanisms to Fight Corruption
- •4.4.2 Constraints and Limitations of Public Agencies
- •4.6 Conclusion
- •References
- •Contents
- •5.1 Introduction
- •5.2 History of Performance Management
- •5.2.1 National Economic and Social Development Plans
- •5.2.2 Master Plan of Government Administrative Reform
- •5.3 Performance Management Reform: A Move Toward High Performance Organizations
- •5.3.1 Organization Restructuring to Increase Autonomy
- •5.3.2 Process Improvement through Information Technology
- •5.3.3 Knowledge Management Toward Learning Organizations
- •5.3.4 Performance Agreement
- •5.3.5 Challenges and Lessons Learned
- •5.3.5.1 Organizational Restructuring
- •5.3.5.2 Process Improvement through Information Technology
- •5.3.5.3 Knowledge Management
- •5.3.5.4 Performance Agreement
- •5.4.4 Outcome of Budgeting Reform: The Budget Process in Thailand
- •5.4.5 Conclusion
- •5.5 Conclusion
- •References
- •Contents
- •6.1.1 Civil Service Personnel
- •6.1.2 Development of the Civil Service Human Resource System
- •6.1.3 Problems of Civil Service Human Resource
- •6.2 Recruitment and Selection
- •6.2.1 Main Feature
- •6.2.2 Challenges of Recruitment and Selection
- •6.3.1 Main Feature
- •6.4.1 Main Feature
- •6.4.2 Salary Management
- •6.4.2.2 Performance Management and Salary Increase
- •6.4.3 Position Allowance
- •6.4.5 National Compensation Committee
- •6.4.6 Retirement and Pension
- •6.4.7 Challenges in Compensation
- •6.5 Training and Development
- •6.5.1 Main Feature
- •6.5.2 Challenges of Training and Development in the Civil Service
- •6.6 Discipline and Merit Protection
- •6.6.1 Main Feature
- •6.6.2 Challenges of Discipline
- •6.7 Conclusion
- •References
- •English References
- •Contents
- •7.1 Introduction
- •7.2 Setting and Context
- •7.3 Malayan Union and the Birth of the United Malays National Organization
- •7.4 Post Independence, New Economic Policy, and Malay Dominance
- •7.5 Centralization of Executive Powers under Mahathir
- •7.6 Administrative Values
- •7.6.1 Close Ties with the Political Party
- •7.6.2 Laws that Promote Secrecy, Continuing Concerns with Corruption
- •7.6.3 Politics over Performance
- •7.6.4 Increasing Islamization of the Civil Service
- •7.7 Ethnic Politics and Reforms
- •7.8 Conclusion
- •References
- •Contents
- •8.1 Introduction
- •8.2 System of Government in Malaysia
- •8.5 Community Relations and Emerging Recentralization
- •8.6 Process Toward Recentralization and Weakening Decentralization
- •8.7 Reinforcing Centralization
- •8.8 Restructuring and Impact on Decentralization
- •8.9 Where to Decentralization?
- •8.10 Conclusion
- •References
- •Contents
- •9.1 Introduction
- •9.2 Ethics and Corruption in Malaysia: General Observations
- •9.2.1 Factors of Corruption
- •9.3 Recent Corruption Scandals
- •9.3.1 Cases Involving Bureaucrats and Executives
- •9.3.2 Procurement Issues
- •9.4 Efforts to Address Corruption and Instill Ethics
- •9.4.1.1 Educational Strategy
- •9.4.1.2 Preventive Strategy
- •9.4.1.3 Punitive Strategy
- •9.4.2 Public Accounts Committee and Public Complaints Bureau
- •9.5 Other Efforts
- •9.6 Assessment and Recommendations
- •9.7 Conclusions
- •References
- •Contents
- •10.1 History of Performance Management in the Administrative System
- •10.1.1 Policy Frameworks
- •10.1.2 Organizational Structures
- •10.1.2.1 Values and Work Ethic
- •10.1.2.2 Administrative Devices
- •10.1.2.3 Performance, Financial, and Budgetary Reporting
- •10.2 Performance Management Reforms in the Past Ten Years
- •10.2.1 Electronic Government
- •10.2.2 Public Service Delivery System
- •10.2.3 Other Management Reforms
- •10.3 Assessment of Performance Management Reforms
- •10.4 Analysis and Recommendations
- •10.5 Conclusion
- •References
- •Contents
- •11.1 Introduction
- •11.2 Malaysian Civil Service
- •11.2.1 Public Service Department
- •11.2.2 Public Service Commission
- •11.2.3 Recruitment and Selection
- •11.2.4 Malaysian Administrative Modernization and Management Planning Unit
- •11.2.5 Administrative and Diplomatic Service
- •11.4 Civil Service Pension Scheme
- •11.5 Civil Service Neutrality
- •11.6 Civil Service Culture
- •11.7 Reform in the Malaysian Civil Service
- •11.8 Conclusion
- •References
- •Contents
- •12.1 Introduction
- •12.2.1 Context and Driving Force of Development
- •12.2.2 Major Institutional Development
- •12.3.1 Context and Driving Force of Development
- •12.3.2 Major Institutional Development
- •12.4.1 Context and Driving Force of Development
- •12.4.2 Major Institutional Development
- •12.5.1 Context and Driving Force of Development
- •12.5.2 Major Institutional Development
- •12.6.1 Context and Driving Force of Development
- •12.6.2 Major Institutional Development
- •12.7 Public Administration and Society
- •12.7.1 Public Accountability and Participation
- •12.7.2 Administrative Values
- •12.8 Societal and Political Challenge over Bureaucratic Dominance
- •12.9 Conclusion
- •References
- •Contents
- •13.1 Introduction
- •13.3 Constitutional Framework of the Basic Law
- •13.4 Changing Relations between the Central Authorities and the Hong Kong Special Administrative Region
- •13.4.1 Constitutional Dimension
- •13.4.1.1 Contending Interpretations over the Basic Law
- •13.4.1.3 New Constitutional Order in the Making
- •13.4.2 Political Dimension
- •13.4.2.3 Contention over Political Reform
- •13.4.3 The Economic Dimension
- •13.4.3.1 Expanding Intergovernmental Links
- •13.4.3.2 Fostering Closer Economic Partnership and Financial Relations
- •13.4.3.3 Seeking Cooperation and Coordination in Regional and National Development
- •13.4.4 External Dimension
- •13.5 Challenges and Prospects in the Relations between the Central Government and the Hong Kong Special Administrative Region
- •References
- •Contents
- •14.1 Honesty, Integrity, and Adherence to the Law
- •14.2 Accountability, Openness, and Political Neutrality
- •14.2.1 Accountability
- •14.2.2 Openness
- •14.2.3 Political Neutrality
- •14.3 Impartiality and Service to the Community
- •14.4 Conclusions
- •References
- •Contents
- •15.1 Introduction
- •15.2 Brief Overview of Performance Management in Hong Kong
- •15.3.1 Measuring and Assessing Performance
- •15.3.2 Adoption of Performance Pledges
- •15.3.3 Linking Budget to Performance
- •15.3.4 Relating Rewards to Performance
- •15.4 Assessment of Outcomes of Performance Management Reforms
- •15.4.1 Are Departments Properly Measuring their Performance?
- •15.4.2 Are Budget Decisions Based on Performance Results?
- •15.4.5 Overall Evaluation
- •15.5 Measurability of Performance
- •15.6 Ownership of, and Responsibility for, Performance
- •15.7 The Politics of Performance
- •15.8 Conclusion
- •References
- •Contents
- •16.1 Introduction
- •16.2 Structure of the Public Sector
- •16.2.1 Core Government
- •16.2.2 Hybrid Agencies
- •16.2.4 Private Businesses that Deliver Public Services
- •16.3 Administrative Values
- •16.4 Politicians and Bureaucrats
- •16.5 Management Tools and their Reform
- •16.5.1 Selection
- •16.5.2 Performance Management
- •16.5.3 Compensation
- •16.6 Conclusion
- •References
- •Contents
- •17.1 Introduction
- •17.2 The Philippines: A Brief Background
- •17.4 Philippine Bureaucracy during the Spanish Colonial Regime
- •17.6 American Colonial Regime and the Philippine Commonwealth
- •17.8 Independence Period and the Establishment of the Institute of Public Administration
- •17.9 Administrative Values in the Philippines
- •17.11 Conclusions
- •References
- •Contents
- •18.1 Introduction
- •18.2 Toward a Genuine Local Autonomy and Decentralization in the Philippines
- •18.2.1 Evolution of Local Autonomy
- •18.2.2 Government Structure and the Local Government System
- •18.2.3 Devolution under the Local Government Code of 1991
- •18.2.4 Local Government Finance
- •18.2.5 Local Government Bureaucracy and Personnel
- •18.3 Review of the Local Government Code of 1991 and its Implementation
- •18.3.1 Gains and Successes of Decentralization
- •18.3.2 Assessing the Impact of Decentralization
- •18.3.2.1 Overall Policy Design
- •18.3.2.2 Administrative and Political Issues
- •18.3.2.2.1 Central and Sub-National Role in Devolution
- •18.3.2.2.3 High Budget for Personnel at the Local Level
- •18.3.2.2.4 Political Capture by the Elite
- •18.3.2.3 Fiscal Decentralization Issues
- •18.3.2.3.1 Macroeconomic Stability
- •18.3.2.3.2 Policy Design Issues of the Internal Revenue Allotment
- •18.3.2.3.4 Disruptive Effect of the Creation of New Local Government Units
- •18.3.2.3.5 Disparate Planning, Unhealthy Competition, and Corruption
- •18.4 Local Governance Reforms, Capacity Building, and Research Agenda
- •18.4.1 Financial Resources and Reforming the Internal Revenue Allotment
- •18.4.3 Government Functions and Powers
- •18.4.6 Local Government Performance Measurement
- •18.4.7 Capacity Building
- •18.4.8 People Participation
- •18.4.9 Political Concerns
- •18.4.10 Federalism
- •18.5 Conclusions and the Way Forward
- •References
- •Annexes
- •Contents
- •19.1 Introduction
- •19.2 Control
- •19.2.1 Laws that Break Up the Alignment of Forces to Minimize State Capture
- •19.2.2 Executive Measures that Optimize Deterrence
- •19.2.3 Initiatives that Close Regulatory Gaps
- •19.2.4 Collateral Measures on Electoral Reform
- •19.3 Guidance
- •19.3.1 Leadership that Casts a Wide Net over Corrupt Acts
- •19.3.2 Limiting Monopoly and Discretion to Constrain Abuse of Power
- •19.3.3 Participatory Appraisal that Increases Agency Resistance against Misconduct
- •19.3.4 Steps that Encourage Public Vigilance and the Growth of Civil Society Watchdogs
- •19.3.5 Decentralized Guidance that eases Log Jams in Centralized Decision Making
- •19.4 Management
- •19.5 Creating Virtuous Circles in Public Ethics and Accountability
- •19.6 Conclusion
- •References
- •Contents
- •20.1 Introduction
- •20.2 Problems and Challenges Facing Bureaucracy in the Philippines Today
- •20.3 Past Reform Initiatives of the Philippine Public Administrative System
- •20.4.1 Rebuilding Institutions and Improving Performance
- •20.4.1.1 Size and Effectiveness of the Bureaucracy
- •20.4.1.2 Privatization
- •20.4.1.3 Addressing Corruption
- •20.4.1.5 Improving Work Processes
- •20.4.2 Performance Management Initiatives for the New Millennium
- •20.4.2.1 Financial Management
- •20.4.2.2 New Government Accounting System
- •20.4.2.3 Public Expenditure Management
- •20.4.2.4 Procurement Reforms
- •20.4.3 Human Resource Management
- •20.4.3.1 Organizing for Performance
- •20.4.3.2 Performance Evaluation
- •20.4.3.3 Rationalizing the Bureaucracy
- •20.4.3.4 Public Sector Compensation
- •20.4.3.5 Quality Management Systems
- •20.4.3.6 Local Government Initiatives
- •20.5 Conclusion
- •References
- •Contents
- •21.1 Introduction
- •21.2 Country Development Context
- •21.3 Evolution and Current State of the Philippine Civil Service System
- •21.3.1 Beginnings of a Modern Civil Service
- •21.3.2 Inventory of Government Personnel
- •21.3.3 Recruitment and Selection
- •21.3.6 Training and Development
- •21.3.7 Incentive Structure in the Bureaucracy
- •21.3.8 Filipino Culture
- •21.3.9 Bureaucratic Values and Performance Culture
- •21.3.10 Grievance and Redress System
- •21.4 Development Performance of the Philippine Civil Service
- •21.5 Key Development Challenges
- •21.5.1 Corruption
- •21.6 Conclusion
- •References
- •Annexes
- •Contents
- •22.1 Introduction
- •22.2 History
- •22.3 Major Reform Measures since the Handover
- •22.4 Analysis of the Reform Roadmap
- •22.5 Conclusion
- •References
- •Contents
- •23.1 Decentralization, Autonomy, and Democracy
- •23.3.1 From Recession to Take Off
- •23.3.2 Politics of Growth
- •23.3.3 Government Inertia
- •23.4 Autonomy as Collective Identity
- •23.4.3 Social Group Dynamics
- •23.5 Conclusion
- •References
- •Contents
- •24.1 Introduction
- •24.2 Functions and Performance of the Commission Against Corruption of Macao
- •24.2.1 Functions
- •24.2.2 Guidelines on the Professional Ethics and Conduct of Public Servants
- •24.2.3 Performance
- •24.2.4 Structure
- •24.2.5 Personnel Establishment
- •24.3 New Challenges
- •24.3.1 The Case of Ao Man Long
- •24.3.2 Dilemma of Sunshine Law
- •24.4 Conclusion
- •References
- •Appendix A
- •Contents
- •25.1 Introduction
- •25.2 Theoretical Basis of the Reform
- •25.3 Historical Background
- •25.4 Problems in the Civil Service Culture
- •25.5 Systemic Problems
- •25.6 Performance Management Reform
- •25.6.1 Performance Pledges
- •25.6.2 Employee Performance Assessment
- •25.7 Results and Problems
- •25.7.1 Performance Pledge
- •25.7.2 Employee Performance Assessment
- •25.8 Conclusion and Future Development
- •References
- •Contents
- •26.1 Introduction
- •26.2 Civil Service System
- •26.2.1 Types of Civil Servants
- •26.2.2 Bureaucratic Structure
- •26.2.4 Personnel Management
- •26.4 Civil Service Reform
- •26.5 Conclusion
- •References
390 Public Administration in Southeast Asia
activism demands an arm’s length and adversarial relationship with the government; working on service delivery often needs close coordination. To do both at the same time would raise its own ethical compromises.
19.3.5Decentralized Guidance that eases Log Jams in Centralized Decision Making
In the Philippine political economy, the power center is a centralized presidency that orchestrates the execution of policy and allocation of spoils. Such concentration of power at the top blends with the decentralized power of families and clans, within the context of a “neo-patrimonial” political system (Azfar et al., 2000). Because the president has discretion over disbursement and big-ticket government contracts, licensing authority, and fiscal management powers, politicians have to ally themselves with the chief executive to ensure funding for key projects and a major share in the patronage resources of the government.
The Local Government Code, passed by Congress in 1991, is a step in the right direction since it reduced the monopoly power of national government in decision making and the allocation of resources. It has improved the contestability of political markets by providing (through local government) an excellent training ground for local politicians to discover the processes of governing and campaigning—both crucial in increasing the choices among voters, allowing them to vote reformers into office and throw out rascals (Azfar, 2008). Nevertheless, in the absence of effective and enduring restraints on patron-client politics, decentralization will not prevent local politicians from leveraging local power effectively during elections and, in between, demanding major concessions from the central government (Rocamora, 1995).
19.4 Management
The third building block in the ethics infrastructure is management. Management elements found in the organizational and administrative apparatus—rewards and incentives, workplace conditions, productivity and efficiency aspects—can encourage, or chip away at, goodness and honesty in public administration. Management policies and practices must reflect the basic values of public service in form and in content, routinely maintained by continuous analysis of performance and system effectiveness. The end result should be an operational environment that has both basic and supportive enticements for ethical conduct, and a public ethics regime that blends greater managerial flexibility with basic standards of accountability (Mills, 1998).
Here, government’s management objective consists of preventive measures to minimize opportunities for corruption and ensure that systems are corruption resistant. The country is no more likely to forgive corruption than it is inefficiency and mismanagement. What role does public management play?
19.4.1Innovations that Alter Incentives in order to
Deal with the “Agency Problem”
According to Charap and Harm (2000), corruption serves as a hostage mechanism to minimize the probability of defection or insurrection by low-level insiders of the corrupt bureaucracy: they are effectively constrained—due to their own participation—from turning to the public to denounce the system. In this case, it is necessary to alter entirely the basis for an agency’s incentive
© 2011 by Taylor and Francis Group, LLC
Public Ethics and Corruption in the Philippines 391
structure. That is what the Lateral Attrition Law, enacted in 2005, hopes to do. In revenue collection, government is continually faced with the challenge of aligning the “private” motivations of revenue collection agents with the public goals of the agency. Lateral attrition provides a constructive back side for deterrence (which is handled by the RIPS program) by entitling internal revenue and customs employees to incentives amounting to 10% of the excess over the agency’s allocated target. Under the scheme, bonuses earned by employees who beat the targeted collection goal can proxy for illegal payoffs. Of course, the law also prescribes sanctions for bad performance (e.g., collections shortfall).
Wages are often seen as a panacea, but in isolation they mean little. The role of competitive salaries as an anti-corruption measure is unclear, according to Rose-Ackerman (2004), although wage levels and enforcement intensity have complementary impacts. Combining improved base pay with incentives for good performance should thus do the trick. Currently, while there are “islands of performance excellence” within the Philippine civil service, the uncompetitive salaries have nurtured a culture of mediocrity in the rest of the bureaucracy. Under the watch of CSC Chairperson Karina Constantino-David, salary decompression based on performance rather than length of tenure was high on the reform agenda. Analysis of the current salary structure has revealed that the civil service is externally uncompetitive at the technical and executive levels. The pay decompression scheme is thus anchored on four basic principles: (1) internal equity, which means equal pay for work of equal value; (2) external equity, which means rates will be competitive with a medium-sized private firm;
(3) performance-based policies and programs where salary increases will be based on meritocracy and performance, and longevity is awarded as a flat incentive bonus; and (4) pay systems that are efficient, effective, and easy to administer. The CSC and DBM are working on an incentive-compatible yet fiscally affordable compensation structure, but no timeframes have been set for when the new scheme will be passed into law and implemented.
On the expenditure side, the government has somewhat succeeded in reducing procurement fraud and corruption. Systemic corruption of this kind lessens competitiveness by limiting the number of bidders, favoring those with inside connections over the most efficient candidates, limiting the information available to participants, and introducing added transactions costs (RoseAckerman, 2004). Although no reliable estimates are available, the perception of large leakages in government procurement persists. In addition, more than 60 laws, executive orders, presidential decrees, and agency-based administrative orders governed public procurement, resulting in confusion and increasing the likelihood of irregularities in the bidding process (World Bank et al., 2003). In 2003, Congress consolidated all existing procurement regulations into a single law, which now requires all government agencies to post their procurement needs in the government’s electronic procurement system, a move that increases transparency and creates a single source of public procurement opportunities. The new procurement law also simplified pre-qualification procedures and strengthened the post-qualification process that circumscribed the discretion of officials on bids and awards. A strong deterrent comes with the imposition of sanctions for those found guilty of collusion and other irregularities. The record shows that the new procurement rules have discouraged/decreased campaign contributions of businessmen since the process has become tighter and more competitive.
A more proactive mechanism to monitor the performance of civil servants is the Public Service Delivery Audit (PASADA). It was installed by the CSC in the last quarter of 2003 to systematically test frontline services. Instead of waiting for the public to send in reports, PASADA takes a different tack by actual testing the service. The CSC deploys a pool of undercover volunteers who pose as ordinary clients to simulate the experience of the public, good or bad, when transacting business with government offices. The volunteers can document the specific ways that corrupt
© 2011 by Taylor and Francis Group, LLC