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Role of Whistle Blower

A whistleblower (also written as whistle-blower or whistle


blower) is a person who exposes any kind of information or activity that is
deemed illegal, unethical, or not correct within an organization that is either
private or public. The information of alleged wrongdoing can be classified in
many ways: violation of company policy/rules, law, regulation, or threat to
public interest/national security, as well as fraud, and corruption. Those
who become whistleblowers can choose to bring information or allegations
to surface either internally or externally. Internally, a whistleblower can
bring his/her accusations to the attention of other people within the accused
organization such as an immediate supervisor. Externally, a whistleblower
can bring allegations to light by contacting a third party outside of an
accused organization such as the media, government, law enforcement, or
those who are concerned. Whistleblowers, however, take the risk of facing
stiff reprisal and retaliation from those who are accused or alleged of
wrongdoing.
Because of this, a number of laws exist to protect whistleblowers.
Some third party groups even offer protection to whistleblowers, but that
protection can only go so far. Whistleblowers face legal action, criminal
charges, social stigma, and termination from any position, office, or job.
Two other classifications of whistleblowing are private and public. The
classifications relate to the type of organizations someone chooses to
whistle-blow on: private sector, or public sector. Depending on many
factors, both can have varying results. However, whistleblowing in the
public sector organization is more likely to result in criminal charges and
possible custodial sentences. A whistleblower who chooses to accuse a
private sector organization or agency is more likely to face termination and
legal and civil charges.
Deeper questions and theories of whistleblowing and why people
choose to do so can be studied through an ethical approach.
Whistleblowing is a topic of ongoing ethical debate. Leading arguments in
the ideological camp that whistleblowing is ethical maintain that
whistleblowing is a form of civil disobedience, and aims to protect the public
from government wrongdoing.[4][5] In the opposite camp, some see
whistleblowing as unethical for breaching confidentiality, especially in
industries that handle sensitive client or patient information.[6] Legal
protection can also be granted to protect whistleblowers, but that protection
is subject to many stipulations. Hundreds of laws grant protection to
whistleblowers, but stipulations can easily cloud that protection and leave
whistleblowers vulnerable to retaliation and legal trouble. However, the
decision and action has become far more complicated with recent
advancements in technology and communication.[7] Whistleblowers
frequently face reprisal, sometimes at the hands of the organization or
group they have accused, sometimes from related organizations, and
sometimes under law. Questions about the legitimacy of whistleblowing,
the moral responsibility of whistleblowing, and the appraisal of the
institutions of whistleblowing are part of the field of political ethics.
Recognizing the public value of whistleblowing has been increasing
over the last 50 years. Exposing misconduct, illegal, or dishonest activity is
a big fear for public employees because they feel they are going against
their government and country. Private sector whistleblowing protection laws
were in place long before ones for the public sector. After many federal
whistleblowers were scrutinized in high-profile media cases, laws were
finally introduced to protect government whistleblowers. These laws were
enacted to help prevent corruption and encourage people to expose
misconduct, illegal, or dishonest activity for the good of society.[20] People
who choose to act as a whistleblower often suffer retaliation from their
employer. They most likely are fired because they are an at-will employee,
which means they can be fired without a reason. There are exceptions in
place for whistleblowers who are at-will employees. Even without a statute,
numerous decisions encourage and protect whistleblowing on grounds of
public policy. Statutes state that an employer shall not take any adverse
employment actions any employee in retaliation for a good faith report of a
whistleblowing action or cooperating in anyway in an investigation,
proceeding, or lawsuit arising under said action.[19] Federal whistleblower
legislation includes a statute protecting all government employees. In the
federal civil service, the government is prohibited from taking, or
threatening to take, any personnel action against an employee because the
employee disclosed information that he or she reasonably believed showed
a violation of law, gross mismanagement, and gross waste of funds, abuse
of authority, or a substantial and specific danger to public safety or health.
To prevail on a claim, a federal employee must show that a protected
disclosure was made, that the accused official knew of the disclosure, that
retaliation resulted, and that there was a genuine connection between the
retaliation and the employee's action.

CONSTITUTIONAL BODIES AND THEIR FUNCTIONS

THE CIVIL SERVICE COMMISSION


The Civil Service Commission was conferred the status of a department by
Republic Act No. 2260 as amended and elevated to a constitutional body
by the 1973 Constitution. It was reorganized under PD No. 181 dated
September 24, 1972, and again reorganized under Executive Order no.
181 dated November 21, 1986. With the new Administrative Code of 1987
(EO 292), the Commission is constitutionally mandated to promote morale,
efficiency, integrity, responsiveness, progressiveness, and courtesy in the
Civil Service.

Mandated Functions

Under Executive Order No. 292, the Civil Service Commission shall
perform the following functions:

Administer and enforce the constitutional and statutory provisions on the


merit system for all levels and ranks in the Civil Service;
Prescribe, amend and enforce rules and regulations for carrying into effect
the provisions of the Civil Service Laws and other pertinent laws
Promulgate policies, standards and guidelines for the Civil Service and
adopt plans and programs to promote economical, efficient and effective
personnel administration in the government;
Formulate policies and regulations for the administration, maintenance and
implementation of position classification and compensation and set
standards for the establishment, allocation and reallocation of pay scales,
classes and positions;
Render opinion and rulings on all personnel and other Civil Service
matters which shall be binding on all head of departments, offices and
agencies and which may be brought to the Supreme Court on certiorari;
Appoint and discipline its officials and employees in accordance with law
and exercise control and supervision over the activities of the Commission;
Control, supervise and coordinate Civil Service examinations. Any entity or
official in government may be called upon by the Commission to assist in
the preparation and conduct of said examinations including security, use of
buildings and facilities as well as personnel and transportation of
examination materials which shall be exempt from inspection regulations;
Prescribe all forms for Civil Service examinations, appointment, reports and
such other forms as may be required by law, rules and regulations;
Declare positions in the Civil Service as may properly be primarily
confidential, highly technical or policy determining;
Formulate, administer and evaluate programs relative to the development
and retention of qualified and competent work force in the public service;
Hear and decide administrative cases instituted by or brought before it
directly or on appeal, including contested appointments, and review
decisions and action of its offices and of the agencies attached to it.
Officials and employees who fail to comply with such decisions, orders, or
rulings shall be liable for contempt of the Commission. Its decisions, orders
or rulings shall be final and executory. Such decisions, orders, or rulings
may be brought to Supreme Court on certiorari by the aggrieved party
within thirty (30) days from receipt of the copy thereof;
Issues subpoena and subpoena duces tecum for the production of
documents and records pertinent to investigations and inquiries conducted
by it in accordance with its authority conferred by the Constitution and
pertinent laws;
Advise the President on all matters involving personnel management in the
government service and submit to the President an annual report on the
personnel programs;
Take appropriate actions on all appointments and other personnel matters
in the Civil Service including extension of service beyond retirement age;
Inspect and audit the personnel actions and programs of the departments,
agencies, bureaus, offices, local government including government-owned
or controlled corporations; conduct periodic review of the decisions and
actions of offices or officials to whom authority has been delegated by the
Commission as well as the conduct of the officials and the employees in
these offices and apply appropriate sanctions whenever necessary;
Delegate authority for the performance of any functions to departments,
agencies and offices where such functions may be effectively performed;
Administer the retirement program of government officials and employees,
and accredit government services and evaluate qualification for retirement;
Keep and maintain personnel records of all officials and employees in the
Civil Service; and
Perform all functions properly belonging to a central personnel agency such
as other functions as may be provided by law.

COMMISSION ON ELECTION

The Commission on Elections is mandated to give life and meaning to the


basic principle that sovereignty resides in the people and all government
authority emanates from them. It is an independent constitutional body
created by a 1940 amendment to the 1935 Constitution. Since then, its
membership was enlarged and its powers expanded by the 1973 and 1987
Constitutions. The Commission exercises not only administrative and
quasi-judicial powers, but judicial power as well.

Mandated Functions

The Commission on Elections shall exercise the following powers and


functions:

1. Enforce and administer all laws and regulations relative to the


conduct of an election, plebiscite, initiative, referendum, and recall.
2. Exercise exclusive original jurisdiction over all contests relating to the
elections, returns, and qualifications of all elective regional, provincial,
and city officials, and appellate jurisdiction over all contests involving
elective municipal officials decided by trial courts of general
jurisdiction, or involving elective barangay officials decided by trial
courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election


contests involving elective municipal and barangay offices shall be
final, executory, and not appealable.

3. Decide, except those involving the right to vote, all questions affecting
elections, including determination of the number and location of
polling places, appointment of election officials and inspectors, and
registration of voters.
4. Deputize, with the concurrence of the President, law enforcement
agencies and instrumentalities of the Government, including the
Armed Forces of the Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and credible elections.

Register, after sufficient publication, political parties, organizations, or


coalitions which, in addition to other requirements, must present their
platform or program of government; and accredit citizens' arms of the
Commission on Elections. Religious denominations and sects shall
not be registered. Those which seek to achieve their goals through
violence or unlawful means, or refuse to uphold and adhere to this
Constitution, or which are supported by any foreign government shall
likewise be refused registration.

5. Financial contributions from foreign governments and their agencies


to political parties, organizations, coalitions, or candidates related to
elections, constitute interference in national affairs, and, when
accepted, shall be an additional ground for the cancellation of their
registration with the Commission, in addition to other penalties that
may be prescribed by law.
6. File, upon a verified complaint, or on its own initiative, petitions in
court for inclusion or exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of election laws, including
acts or omissions constituting election frauds, offenses, and
malpractices.
7. Recommend to the Congress effective measures to minimize election
spending, including limitation of places where propaganda materials
shall be posted, and to prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance candidacies.
8. Recommend to the President the removal of any officer or employee
it has deputized, or the imposition of any other disciplinary action, for
violation or disregard of, or disobedience to, its directive, order, or
decision.
9. Submit to the President and the Congress, a comprehensive report
on the conduct of each election, plebiscite, initiative, referendum, or
recall.

THE COMMISSION ON AUDIT

The Commission on Audit (COA) is the Philippines' Supreme State Audit


Institution. The Philippine Constitution declares its independence as a
constitutional office, grants it powers to audit all accounts pertaining to all
government revenues and expenditures/uses of government resources and
to prescribe accounting and auditing rules, gives it exclusive authority to
define the scope and techniques for its audits, and prohibits the legislation
of any law which would limit its audit coverage.

Mandated Functions

1. The Commission on Audit shall have the power, authority, and duty to
examine, audit, and settle all accounts pertaining to the revenue and
receipts of, and expenditures or uses of funds and property, owned or
held in trust by, or pertaining to, the Government, or any of its
subdivisions, agencies, or instrumentalities, including government-
owned or controlled corporations with original charters, and on a
post- audit basis:
a. constitutional bodies, commissions and offices that have been
granted fiscal autonomy under this Constitution;
b. autonomous state colleges and universities;
c. other government-owned or controlled corporations and their
subsidiaries; and
d. such non-governmental entities receiving subsidy or equity,
directly or indirectly, from or through the Government, which are
required by law or the granting institution to submit to such
audit as a condition of subsidy or equity. However, where the
internal control system of the audited agencies is inadequate,
the Commission may adopt such measures, including
temporary or special pre-audit, as are necessary and
appropriate to correct the deficiencies. It shall keep the general
accounts of the Government and, for such period as may be
provided by law, preserve the vouchers and other supporting
papers pertaining thereto.
2. The Commission shall have exclusive authority, subject to the
limitations in this Article, to define the scope of its audit and
examination, establish the techniques and methods required therefor,
and promulgate accounting and auditing rules and regulations,
including those for the prevention and disallowance of irregular,
unnecessary, excessive, extravagant, or unconscionable
expenditures or uses of government funds and properties.

CONCEPT OF PUBLIC SERVICE


Public service is a service which is provided by government to
people living within its jurisdiction, either directly (through the public sector)
or by financing provision of services. The term is associated with a social
consensus (usually expressed through democratic elections) that certain
services should be available to all, regardless of income, physical
ability or mental acuity. Even where public services are neither publicly
provided nor publicly financed, for social and political reasons they are
usually subject to regulation going beyond that applying to most economic
sectors. Public policy when made in the public's interest and motivations
can provide public services. Public service is also a course that can be
studied at a college or university. Examples of public services are the fire
brigade, police, air force, and paramedics.
Public services may be associated with fundamental human
rights (such as the right to water). The Volunteer Fire Dept. and Ambulance
Corps. are institutions with the mission of servicing the community. A
service is helping others with a specific need or want. Here, service ranges
from a doctor curing an illness, to a repair person, to a food pantry.
In modern developed countries, the term "public services" (or
"services of general interest") often includes: Courts, Electricity, Education,
[e.g. state (public) schools, public universities, etc...], Emergency services,
(e.g. Fire, EMS, Law Enforcement, Search and Rescue, etc...),
Environmental protection, Health care, Military, Postal service, Public bank,
Public broadcasting, Public library, Public security, Public transportation,
Social services, (e.g. public housing, social welfare, food subsidies, etc...),
Telecommunications, Urban planning, Transportation infrastructure, Waste
management, (e.g. wastewater, solid waste, recycling, etc...) and Water
supply network
In modern democracies, public service is often performed
by employees known as civil servants who are hired by elected officials.
Government agencies are not profit-oriented and their employees are
motivated differently.[3] Studies of their work have found contrasting results
including both higher levels of effort[3] and fewer hours of work.[4] A survey
in the UK found that private sector hiring managers do not credit
government experience as much as private sector experience.[5] Public
workers tend to make less in wages when adjusting for education, although
that difference is reduced when benefits and hours are included.[6] Public
workers have other intangible benefits such as increased job security.[6]
A public service may sometimes have the characteristics of a public
good (being non-rivalrousand non-excludable), but most are services which
may (according to prevailing social norms) be under-provided by
the market. In most cases public services are services, i.e. they do not
involve manufacturing of goods. They may be provided by local or national
monopolies, especially in sectors which are natural monopolies.
They may involve outputs that are hard to attribute to specific
individual effort or hard to measure in terms of key characteristics such as
quality. They often require high levels of training and education. They may
attract people with a public service ethos who wish to give something to the
wider public or community through their work.

Distinction between monetary and fiscal policy

Monetary policy is typically implemented by a central bank, while fiscal


policy decisions are set by the national government. However, both
monetary and fiscal policy may be used to influence the performance of the
economy in the short run.
Basics
In general, a stimulative monetary policy is expected to improve the
economys rate of growth of output (measured by Gross Domestic Product
or GDP) in the quarters ahead; tight or restrictive monetary policy is
designed to slow the economy in the future to offset inflationary pressures.
Likewise, stimulative fiscal policies, tax cuts, and spending increases are
normally expected to stimulate economic growth in the short run, while tax
increases and spending cuts tend to slow the rate of future economic
expansion.1
Monetary policy involves changing the interest rate and influencing the
money supply.
Fiscal policy involves the government changing tax rates and levels of
government spending to influence aggregate demand in the economy.
They are both used to pursue policies of higher economic growth or
controlling inflation.
Monetary policy
Monetary Policy
Monetary policys impact on the economy is described in the Federal
Reserve Systems Purposes and Functions publication.
Monetary policy is usually carried out by the Central Bank / Monetary
authorities and involves:
Setting base interest rates (e.g. Bank of England in UK and Federal
Reserve in US)
Influencing the supply of money. E.g. Policy of quantitative easing to
increase the supply of money.
How monetary policy works
The Central Bank may have an inflation target of 2%. If they feel inflation is
going to go above the inflation target, due to economic growth being too
quick, then they will increase interest rates.
Higher interest rates increase borrowing costs and reduce consumer
spending and investment, leading to lower aggregate demand and lower
inflation.
If the economy went into recession, the Central Bank would cut interest
rates.
Fiscal policy

Fiscal policy
A governments program with respect to (1) the purchase of goods and
services and spending on transfer payments, and (2) the amount and type
of taxes.
Fiscal policy is carried out by the government and involves changing:
Level of government spending
Levels of taxation
1. To increase demand and economic growth, the government will cut tax and
increase spending (leading to a higher budget deficit)
2. To reduce demand and reduce inflation, the government can increase tax
rates and cut spending (leading to a smaller budget deficit)
Example of expansionary fiscal policy
In a recession, the government may decide to increase borrowing and
spend more on infrastructure spending. The idea is that this increase in
government spending creates an injection of money into the economy and
helps to create jobs. There may also be a multiplier effect, where the initial
injection into the economy causes a further round of higher spending. This
increase in aggregate demand can help the economy to get out of
recession.
If the government felt inflation was a problem, they could pursue
deflationary fiscal policy (higher tax and lower spending) to reduce the rate
of economic growth.
Which is more effective monetary or fiscal policy?
In recent decades, monetary policy has become more popular because:
Monetary policy is set by the Central Bank, and therefore reduces political
influence (e.g. politicians may cut interest rates in desire to have a booming
economy before a general election)
Fiscal policy can have more supply side effects on the wider economy. E.g.
to reduce inflation higher tax and lower spending would not be popular
and the government may be reluctant to purse this. Also lower spending
could lead to reduced public services and the higher income tax could
create disincentives to work.
Monetarists argue expansionary fiscal policy (larger budget deficit) is likely
to cause crowding out higher government spending reduces private
sector spending, and higher government borrowing pushes up interest
rates. (However, this analysis is disputed)
Expansionary fiscal policy (e.g. more government spending) may lead to
special interest groups pushing for spending which isnt really helpful and
then proves difficult to reduce when recession is over.
Monetary policy is quicker to implement. Interest rates can be set every
month. A decision to increase government spending may take time to
decide where to spend the money.
However, the recent recession shows that monetary policy too can have
many limitations.
Targeting inflation is too narrow. This meant central banks ignored an
unsustainable boom in housing market and bank lending.
Liquidity trap. In a recession, cutting interest rates may prove insufficient to
boost demand because banks dont want to lend and consumers are too
nervous to spend. Interest rates were cut from 5% to 0.5% in March 2009,
but this didnt solve recession in UK.
Even quantitative easing creating money may be ineffective if banks just
want to keep the extra money in their balance sheets.
Government spending directly creates demand in the economy and can
provide a kick-start to get the economy out of recession. Thus in a deep
recession, relying on monetary policy alone, may be insufficient to restore
equilibrium in the economy.
In a liquidity trap, expansionary fiscal policy will not cause crowding out
because the government is making use of surplus saving to inject demand
into the economy.
In a deep recession, expansionary fiscal policy may be important for
confidence if monetary policy has proved to be a failure.
PROPER BEHAVIOR OF GOVERNMENT EMPLOYEE

Good governance is almost always a contentious topic. The way public


institutions manage public affairs and public resources is something that
draws controversy and criticism. This also concerns us to the very core.
Why? As the premiere human resource institution of the Philippine
bureaucracy, our work cuts across human resource management,
organization development, national development, and anti-corruption.

ETHICS
Ethics has been defined in a variety of ways. In general, it is identified as
the branch of philosophy that deals with issues of right and wrong in
human affairs. The University of Sta. Claras academic journal, Issues in
Ethics, says that ethics refers to well-founded standards of right and wrong
that prescribe what humans ought to do, usually in terms of rights,
obligations, benefits to society, fairness, or specific virtue.
In the context of Philippine government, the highest standards of ethics are
embodied in Republic Act No. 6713 or the Code of Conduct and Ethical
Standards for Public Officials and Employees. RA 6713 also bears the
eight (8) norms of conduct commitment to public interest,
professionalism, justness and sincerity, political neutrality, responsiveness
to the public, nationalism and patriotism, commitment to democracy, and
simple living. These norms of conduct govern the principle of ethics for the
lingkod bayani who works in an environment where corruption thrives. The
same norms promote the idea that even in the smallest of matters, a
lingkod bayani should be able to withstand temptation, reject mediocrity,
and protect his or her integrity.
Administrative and disciplinary cases stem from failure to uphold ethical
standards. A public servant who does not spend all paid hours in official
work is already stealing from the Filipino people. Someone who does not
report an anomalous transaction may have just allowed something worse to
happen. Sexual harassment in the workplace is also unethical and wrong.
Today, we seem to be more and more lax on what we consider as
unethical.
It is alright to overlook things sometimes, or to let things pass. We tend to
say, OK lang yan, lahat naman ginagawa yan. But as they say, we
become what we repeatedly do. Habits soon become lifestyles. By not
being vigilant enough, we become participants in maintaining an unethical
culture. In government, it is important to care enough so as to stop or stem
unethical practices before they become ingrained or systemic. The more
we let things pass, the more ethical standards get lowered.

"As public officials and employees, we have the duty of protecting not only
our integrity but also that of the government. We owe it to the Filipino
people to have integrity. It means we cannot be bribed, bought, swayed,
coerced, or made to do something that does not adhere to the highest
moral standards."

INTEGRITY
Integrity, also known as moral uprightness and strong adherence to
honesty and fairness, is closely linked to ethics. Integrity also refers to
wholeness and completeness. This is an important definition and well worth
thinking over. We hear expressions such as the integrity of the exam or
the the integrity of the document, which means something remains
untainted, and was not tampered with or altered. When a person commits
something unethical, in a sense he or she also loses his or her wholeness.
There is damage already done to a persons character.
As much as possible, we would want to maintain our integrity. We cannot
afford to do something that would damage it. Some people may think that
they maintain their integrity by keeping their wrongdoings a secret.
Exposed or not, however, they have already damaged their integrity. After
all, integrity involves doing the right thing even if nobody sees you.
As public officials and employees, we have the duty of protecting not only
our integrity but also that of the government. We owe it to the Filipino
people to have integrity. It means we cannot be bribed, bought, swayed,
coerced, or made to do something that does not adhere to the highest
moral standards.
As the saying goes, people may doubt what you say but they will always
believe what you do. Leading hotel management executive, Maria R. Zec,
expounds on this and advises people, Your reputation and integrity are
everything. Follow through on what you say youre going to do. Your
credibility can only be built over time, and it is built from the history of your
words and actions.
Our government may be measured by the history of its words and actions.
This is how our people gauge our integrity. I hope all of us here will be part
of the best moments of our governments history moments that champion
integrity instead of destroy it. That is a challenge that I hope all of us will be
eager to accept.

ACCOUNTABILITY
We always hear the phrase public office is a public trust. Ang ibig sabihin
nito, may pananagutan tayo sa taumbayan. Lahat ng ginagawa natin,
ginagastos natin, isinasa-katuparan natin ay pananagutan natin sa
taumbayan. Sabi nga sa Panunumpa ng Lingkod Bayan: Ang bawat
sandali ay ituturing kong gintong butil na gagawin kong kapaki-pakinabang.
Lagi kong isasaalang-alang ang interes ng nakararami bago ang sarili kong
kapakanan.
Working in government is different because we are not only looking out for
ourselves or for our organization. Our focus is delivering services for the
benefit of our main clientelethe Filipino people. We are primarily here to
serve, and not to be served.
Kapag pinag-uusapan ang accountability in the context of public service,
laging tutumbukin ang public funds. This is especially a touchy topic in a
country like ours kung saan mas nakararami ang namumuhay below
poverty line, at mataas pa ang buwis at presyo ng mga bilihin.
Ang isyu ng korupsyon ay damang-dama ng ordinaryong Pilipino sa
kanyang bulsa. Kaya napakahalagang maging accountable sa
pamamahala ng pondong ipinagka-katiwala sa atin. Ito ay galing sa
taumbayan, at nararapat lamang na maibalik sa kanila in the form of public
service excellence. DBP is an expert in this discourse, especially since it is
a development bank and addresses issues in poverty and social inequality.
That is why I trust that it is a financial institution that practices a great
amount of accountability.
Needless to say, we will always be answerable to our own actions. When
that time comes, I hope we will be able to account for what we have done
truthfully and straightforwardly.

"The web of corruption has different layers, many tentacles, and may
spread like a virus if not contained. If we all do our little part, however, we
create opportunities to nip corrupt practices in the bud."

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