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

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.