Police Corruption and the Filipino Culture of Gift-Giving

Abstract

The paper attempts to define police corruption from a Philippine perspective, especially where it involves gift-giving—a practice common in Philippine culture—among and involving members of the Philippine National Police (PNP). With this in mind, Republic Act No. R.A. 3019, aka the Anti-Graft and Corrupt Practices Act of the Philippines, is reexamined for possible revisions that take into account Philippine embedded cultural gift-giving practices, for the law to become more effective. Active policemen and graduating Criminology students interested in law enforcement careers were interviewed for their views regarding: gift-giving, corruption, and challenges in enforcing R.A. 3019. Bases for a more authentic, indigenous definition of police corruption and its role in gift-giving were drawn from their responses, parsing the difference between acceptable gift-giving and bribery in a Philippine setting. They clarified the conceptual uncertainty surrounding the terms “gift” and “bribe,” as well as aided in making analytical distinctions between various gift practices.

1. Introduction

Distinguishing between corrupt conduct and gift-giving can be challenging, especially in cultures where gift-giving is common. The challenge for policymakers and law enforcers is to find the line between the two [1]. The researcher gathered perspectives from law enforcers in rural and urban areas in the Philippines. Remember that gift-giving is legal, while bribery is universally condemned and considered immoral, harmful, and illegal.

When people trade gifts, reciprocity is established and social ties are reinforced [2]. In cases where the donation and the return originate from personal funds, it is a gift. A gift is most likely a bribe if it is returned after it is given and originates from a government agency or organization rather than “one’s pocket.” This paper builds a typology for analyzing public administration’s gift/bribe distinction and evaluates the anthropological literature on gift-giving. This classification clarifies the conceptual uncertainty surrounding the terms “gift” and “bribe,” as well as aids in making analytical distinctions between various gift practices.

Police departments often receive financial donations from individuals and businesses to supplement their funds and build better relationships with the community. However, accepting these donations can be a controversial issue since gift-giving is typically not allowed in public institutions. This is because it goes against the bureaucratic organizational ideals of impartiality, justice, and equality before the law [3]. Therefore, accepting donations requires proper systems to ensure that there is no quid pro quo and to acknowledge and appreciate donors’ relationship with the recipient. In this study, we examine the management practices used by police leaders in the Philippines to accept donations without reciprocating and to minimize the possibility of gifts being perceived as bribes.

2. Objectives of the study

1. Define police corruption from an indigenous perspective and suggest changes to gift-giving and receiving practices in the Police.

2. Identify gaps and weaknesses in R.A. 3019 or the Anti-Graft and Corrupt Practices Act of the Philippines and propose specific amendments to strengthen the legal framework for combating police corruption.

3. Propose policy changes and training programs to reduce police corruption and promote fair law enforcement.

3. The research instruments

1. The Interview Guide:

   Question 1. Filipinos as we are, is it natural for us to give and receive gifts?

   Question 2. Is it natural for Filipino law enforcers to receive gifts?

   Question 3. If a Police Officer accepts gifts, is he indebted to the giver? If so, to what extent?

   Question 4. When is a gift a gift and when is it a bribe?

2. Class Report on the Analysis of the State of Implementation of the Anti-Graft and Corrupt Practices Act of the Philippines by OSEC Class 23-02 under Learner Manager Jham Rodriguez, National Police College, Camp Castaneda, Silang, Cavite

4. Research procedure

The interview guide was open-ended four questions leading to the discussion of what they think about gift-giving as a cultural trait of Filipinos. Opinions and comments were recorded and classified and concepts were culled therefrom. Followed by whether they think it is normal to receive gifts as law enforcers. Then when is a gift a gift and when does it become bribe? Lastly, based on their comments, and considering the Anti-Graft and Corrupt Practices Act, how would they define Police corruption now in the Philippine Setting?

The researcher used a learner manager to facilitate the distribution of the research instruments directly to 60 Lieutenant Colonels in their Officer’s Executive Class (OSEC). This group was homogeneous with the majority of them having 15 or more years of police experience as operatives. The researcher clarified any questions face-to-face with the respondents during a 15-minute meeting. The questionnaire was self-administered via email after being given instructions through the Zoom online platform. This method resulted in a higher response rate.

For the future law enforcers, the researcher interviewed two groups of graduating Criminology students. The first group of 50 students from Tangub City Global College in Mindanao, a 4th Class Municipality, was represented by rural minds from December 4 to 5, 2023. The second group of 50 students from Universidad de Manila represented an urban metropolitan setting in the City of Manila on November 5–6, 2023. The researcher conducted a face-to-face interview but used the same Interview Guide with both groups at 1-hour face-to-face class sessions.

Ethical clearance was secured by having the respondents sign their willingness to answer the open-ended questionnaire. The researcher then explained the purpose of the study and the need for collecting data from them.

5. Literature review

5.1 Lack of political will

The lack of political will among government officials and law enforcement agencies to effectively enforce the laws against police corruption has been a major challenge. This has led to a culture of impunity among corrupt police officers, who either go unpunished or end their careers abruptly for their misconduct [4].

5.2 Insufficient resources

As part of the frontliners (uniformed sector) of the government, and as an exception from the general policy of frozen hiring in government, the PNP has to allocate a big chunk of its budget for personnel services. In all, (88–89%) and the remaining amount are allotted to maintenance and other operating expenses (MOOE), and for capital outlay or procurement of new equipment; development of new infrastructure; and recruitment of new personnel [5].

Please note that the budget allocation may vary from year to year. For instance, the PNP has proposed a P195,737,552,000 budget for 2024. The bulk of the budget will be for the salary and other benefits of the 228,000 members of the organization [6].

5.3 Limited capacity and training

Police officers in the Philippines often lack the necessary training and capacity to recognize and combat corruption within their ranks. Police academy programs should include training on ethical standards, financial transparency, and other relevant topics aimed at preventing and detecting corruption [6].

5.4 Lack of community involvement

Active involvement by the Community is constrained by the simple power imbalance between the individual and the Philippine Criminal Justice System. Ordinary citizens find great difficulty in filing complaints against corruption or holding corrupt officials accountable and aware that reporting carries the risk of reprisal. These complaints can only prosper when the complainant is backed by media and other watchdog/civic organizations [4, 7].

5.5 Outdated legal framework

The legal framework for combating corruption in the Philippines, including R.A. 3019 and other laws, is outdated [7]. The legal framework lacks clarity and consistency in defining and punishing corrupt practices. It is essential to revise and update the legal framework to reflect modern governance standards and global best practices. A Research Study of the Phenomenon of Police Corruption revealed that the “law even clashes with the Filipino Culture. It was shown that there is a high positive association between the cultural value of gift-giving to avoid delay and police corruption.” [8]

The Anti-Graft and Corrupt Practices Act of 1968 (R.A 3019) is the Philippine law that prohibits, prevents, and criminalizes corruption and other corrupt practices among public officials. The implementation and enforcement of R.A. 3019 have faced various challenges and issues, which are related to the complexity of the legal framework, limited resources and capacities for enforcement, and insufficient political will and institutional capacity for corruption prevention and control [9].

5.6 Training and education for public officials

Public officials need to be trained and educated on Anti-corruption laws, policies, and best practices. This can improve their understanding of corruption and their role in preventing and controlling it [10].

6. Methodology

The research study utilized the qualitative research method to gather nonnumerical data through one-on-one interviews and focus group discussions. This approach was used to gain a more comprehensive understanding of the dynamics of police corruption and the cultural practice of gift-giving and receiving in the Philippines. By carefully collecting, analyzing, categorizing, and interpreting nonnumerical data, the study was able to establish an accurate definition of police corruption. The opinions, experiences, and observations of the respondents were also gathered to explore how they perceive the relationship between the Filipino cultural practice of gift-giving and receiving and their official duties.

7. Results and discussions

1. There is a general agreement among respondents that reciprocity or “utang na loob” (“debt from within” or an obligation to repay a favor) is a response characterizing the social behavior of Filipinos, affirming once more the observation of anthropologists and sociologists that at the core, both gift and a bribe trigger reciprocity. It is innate in Filipino culture to give back or return favors to a benefactor. even if there is no expectation of return. People do not repay “utang na loob” with money [11, 12, 13].

2. The more authentic and indigenous definitions are as follows:

   • Police corruption is an act of receiving and giving gifts, directly or indirectly, or whatever nature is in exchange for giving favor to the giver, prejudicial to the fair discharge of official functions in such a way that the giving of gifts becomes an act of bribery.

   • Gift-giving as a form of police corruption in the Philippines is defined as the misuse of gift-giving and receiving practices. While gift-giving and receiving are common and acceptable in the Philippine Culture, they become problematic when gifts are given too often, or excessively by someone. The acceptance of such gifts is a crucial aspect of the definition of police corruption.

   • The majority of respondents from the three groups emphasized a need for a “NO CASH” gift policy but admitted they felt they had no choice but to accept gifts in kind given in appreciation for a job well done or because of close social ties. They feel obligated to accept gifts, especially from people we hold in high regard. Refusing would be rude.

   • Furthermore, despite their awkward and problematic nature, donations in cash or kind are often accepted because government institutions are often underfunded and there is no lack of causes or projects that these donations can support.

3. Challenges in enforcing the Anti-Graft and Corrupt Practices Act.

   • Corruption is not novel at this time. Many great empires and superpower governments have fallen because of corruption in their ranks. Corruption is akin to cancer that is slowly creeping into the government’s system, stage by stage. When it reaches a certain stage, everything will crumble, including the good men and women in public service as well as the institutions these men and women built. Most importantly, the general public whom the government serves will suffer the most. Corruption does not only destroy government, it disrespects and delegitimizes legal institutions like democracy and the rule of law, which men of law have been consciously protecting [12].

   • One of the main challenges in implementing R.A. 3019 is the complexity of the legal framework. The act is comprehensive, covering all corrupt practices, including bribery, misconduct in public office, and other forms of abuse of power. However, this complexity can make the act difficult to enforce effectively. It is essential to simplify the legal framework and make it more accessible to citizens, law enforcement officials, and other relevant stakeholders [13].

   • Another challenge is the limited resources and capacities for enforcing Anti-corruption laws. This is due to a lack of institutional capacity, such as personnel, equipment, and funding, in relevant law enforcement agencies, such as the National Bureau of Investigation and the Office of the Ombudsman. The Philippines needs to invest in the capacity-building of these agencies to effectively investigate and prosecute cases of corruption.

   • Furthermore, there is a lack of political will among some government officials and law enforcement agencies to effectively enforce the law. This is likely due to a culture of impunity and the belief that the law does not apply to them.

   • The Philippine National Police (PNP) with its PATROL PLAN 2030 has been modernizing its tactics and addressing corruption and misconduct within its ranks to regain public trust and confidence. Criminal activities have become more complex, hindering the PNP’s ability to gather crucial intelligence. Reforms promoting transparency, accountability, and ethical conduct are still desired among street police officers [14].

   • The Management approach in structurally placing the Internal Affairs Service (IAS) directly under the Office of the Chief, Philippine National Police is an administrative anomaly. Even though the law in creating the IAS requires the appointment of a civilian to head the IAS, the fact that he is under the Office of the Chief, PNP is indicative of the conflict that may arise in the course of his official transactions and potentially undermines the intent of the law to make the office truly independent [14, 15].

4. Recommendations

   • Simplifying the legal framework

     The legal framework for combating police corruption in the Philippines should be revised to address these challenges. The current legal framework is complex and difficult to enforce. It is essential to simplify the legal framework and make it more accessible to relevant stakeholders.

     Some proposed reforms can include:

     1. Increases in resources and capacities: There is a need for increased funding and resources for law enforcement agencies to effectively investigate and prosecute corruption cases. Anticorruption agencies of government should be equipped with the necessary personnel, equipment, and funding. For the Philippine National Police in particular, the Internal Affairs Service of the PNP should be an autonomous body independent from the Philippine National Police and not under the Office of the Chief of the Philippine National Police.

     2. Greater political commitment: There is a need for greater political commitment from the highest official down to the lowest to enforce the law and combat corruption.

     3. Regular training and education for public officials on their sworn duties and the negative effects of corruption on national security, economic-, and social development.

     4. Training of citizens’ alertness and vigilance for transparency, accountability, and good governance.

     5. Consider the Markkula Center for Applied Ethics guide to ethical gift acceptance for nonprofit organizations [14]. The guide provides a framework for decision-makers like members of the board of directors, fundraising officers, and others working in development in an organization. The framework is tailored for decision-makers to identify the ethical issue, assess the gift in terms of whether it is objectionable or defensible from an ethical perspective, and evaluate their options when faced with a controversial gift. The guide also suggests that nonprofit organizations should use their mission and values as the ethical lens when evaluating their options when faced with a controversial gift.