07 - Stability and Change
07 - Stability and Change
07 - Stability and Change
2 (April 1985) •
JOSE N. ENDRIGA*
The civil service system was marked by different features at various periods in
Philippine history. During the Spanish colonial period, public office exhibited generally
negative characteristics. The American period saw the development Of a non-political
civil service based on merit. However, this positive legacy was eroded by the war and its
aftermath. Despite attempts by successive postwar administrations to restore adminis-
•
trative efficiency through the enactment Of anti-graft measures and the implementation
Of organizational reforms, problems Of graft and corruption continued to plague the
bureaucracy. The martial law period initially held out the promise of thorough reforms
in the bureaucracy, but corruption and other negative characteristicsremained.
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There was, first of all, Spain's own colonial objectives. Their outstand-
• ing characteristic was the high idealism of the Spanish regime which found
apt and numerous expressions in the various legislative enactments that
filled more than three centuries of domination. Whatever the details of the
cedulas, ordenanzas, tese« (one of whose characteristics was the attention
they gave to the most trivial details, for example, of the bureaucrat's life),
the high-mindedness and the noble aims of converting the indios and protect-
ing their welfare always shone through.
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There was, first of all, the philosophy regarding public office of the
•
Spanish regime. Such philosophy derived from the theory that the colonies
were the king's personal kingdoms, and therefore he could dispose of any-
thing in it through any means that he desired. Accordingly, a public office
was regarded as a grant or favor (merced) from the king. Claimants for
such favor were plentiful and they included those who participated in
the conquest and pacification of the colonies, including. their descendants
who expected, and asked for, such grants. '
Criticisms against the system of sale singled out two things: the incom-
petence of the officeholders and their rapacity. The first one resulted from
•
the fact that, although one of the requirements for a bidder was that to be
qualified for the position, in practice an office was generally awarded to the
highest bidder. The necessity for raising revenue, which after all was the
original purpose of the practice, almost always prevailed over other consi-
derations.
Aside from the nature of Spanish colonial objectives and the philo-
sophy underlying public office, there were other factors peculiar to the
colonial situation which further' aggravated the weaknesses of the bureau-
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cracy. One of these was the fact that, being a colonial bureaucracy, the
135
On the other hand, the same factor of distance raised the possibility
of separation or secession by the colony. Thus,suitable practices were
devised to counteract the possibility. Among these were: the practice of con-
ferring colonial positions only upon persons of approved ancestry, religion
and connections; Spanish reliance upon the church as a check upon the
secular regime; constant transfers of important officials after brief terms in
office; and the requirement that bureaucrats should write reports to the king
about the private lives and official conduct of their colleagues."
There were two specific devices which were utilized to emphasize the
subordinate position of the colonies and to constitute checks on the behav-
ior of colonial bureaucrats. One of these was the institution of the uisitador-
general, who was an official sent out by the Council of the Indies in Spain
and was vested with investigatory, judicial and executory powers. He had
authority to conduct a uisita or investigation of the highest officials in the
colonies, The latter ·were answerable for the state of government, justice,
finance, defense, religion, and the condition of the Indios in their jurisdic-
tions. Punishment against errant officials included removal, suspension and
fines.
=
~ owever, just like most Spanish institutions, the residencia was -iB5- .
""'T,a
. by such factors as powerful connections in Spain where unfavorable
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. PUBLIC
, ADMINISTRATION '
~ttenuo;teel
verdicts could be reversed. The institution was further alt9mateEl by the
•
concern for the security of the small Spanish community in the colony
which could be harmed by severe proceedings. So that in the end, the theo-
retically important institution lostits power to check official abuses, and by
the end of the eighteenth century it had practically passed into oblivion. 5
Finally, abetting even, further the negativism of the regime was the
colonial situation itself. In theory, the Indios were immature children whose
welfare was to be looked after by the colonizers; they were to be converted
to Christianity, settled in towns, and made to pay all sorts of exactions
which the law provided should be done with the least harm to the natives.
Another implication of the theory was that the natives could never affect
the intentions and actions of the superior; they were to be the passive reci-
pients of the colonizers' explicitly noble intentions.
'.
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Thus, in accordance with the theory that the subject people were
137
The gobernadorcillo, who was the head of the pueblo, or town, was
both an executive and a judicial officer. In cases involving small sums and in
petty criminal cases, his judicial authority was final. In cases of bigger
importance, he was supposed to make the preliminary investigation and for-
warded the case to the alcalde mayor or provincial governor.
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As town executive, his duties were extensive. He was the agent of the
Royal Hacienda on the town level, and as,such he was in charge of the col-
lection of all manner of taxes. He also' had fairly paternalistic duties in rela-
tion to the townspeople. He was to see to it that they did not live in, idle-
ness, that they cultivated the soil, raised gardens, bred livestock, and that
they also attended religious services. This latter function was important if
he was to maintain good relations with the parish priest.
The modern reader, however, would find such compensations not com-
mensurate with the burdens that the' gobernadorcillo had to bear. For aside
from the legal penalties for failures, and infractions of the law, he had' to
, endure demeaning treatment by the alcalde mayor and the parish priest. He '
became, invariably, the willing tool of the former in his abuses and corrup-
•
tion, and he was treated like an immature ward by the latter, who adminis-
tered even corporal punishment to the gobernadorcillo, exalted as his posi-
tion sounded.
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tified to the correctness of cedulas, to the civil status of persons, to the cha-
racter of individuals. He had to be present in elections for municipal offices;
he censored municipal budgets before they were Sent to the provincial
governor; he was counsellor to the municipal council, examiner of scholars
in the public schools; he was the censor of the plays, comedies, and dramas
presented in various fiestas; he was a member of the provincial board,"
This does not mean that there were no explicit purposes expressed:
business interests, church groups, military strategists, and other interest
groups expounded on their own respective purposes. However, the absence
of a national consensus about the expansion of the United States, as well
as the fortunate timing that U.S. policy was being formulated during a pre-
sidential election year (1900), explains largely why the colonial policy. of the
U.S. in the Philippines, tended to be constructive instead of being blatantly ,
selfish and exploitative. The fact also that the U.S. was a relative newcomer
in the colonial venture explains why there were no established traditions or
policies to guide her actions. Instead, the policies that she adopted tended to
be empirical, realistic, and flexible. In fact, there was considerable experi-
mentation in the approaches to policy-making and practice.' 0
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examinations were required for original entrance into the civil service, as
141
well as for promotions. As in the U.S. civil service, the examinations were
designed primarily to determine the fitness of the applicant for the position
he was to occupy. Most of the examinations were competitive, but non-
competitive tests were also administered in special cases, as when there were
no applicants for certain positions.
The Civil Service Act prohibited any inquiry into the political or reli-
gious views and affiliations of examinees and employees,whether for
appointment or promotion. Moreover, direct or indirect solicitation, collec-
tion or receipt of political contributions by or from employees were .strictly
prohibited.
Persons appointed contrary to the Civil Service Act were not entitled to
receive salary, and the appointing officers involved were personally respon-
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The most important reason for the Filipinization of the civil Service was
•
.' the policy, of Filipinization itself pursued by the Republican administra-
tion. This had been written into the Civil Service Law itself. The policy also
seems to have been strictly adhered to in practice. Fortunately, the recruit-
ment of competent Filipinos did not pose any difficulties. The widespread
public school system that was established in the country graduated a con-
tinually increasing stream. Many of these graduates turned to the civil ser-
vice which, because of the benefits that it gave and the prestige that it car-
ried, was the most attractive form of employment available.
The rapid tempo with which the policy was pursued could be expected
to result in what the sociologists 'would refer to as dysfunctions. But let us
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Wood, who was to succeed Harrison, but who in 1921 was sent to the Phi-
lippines on an investigating mission: "We find that many Filipinos have
shown marked capacity for government service and that the' young genera-
tion isfull of promise; that the civil service laws have in the main been
honestly administered, but there is a marked deterioration due to the injec-
tion of politics.,,21 Wood himself as Governor (1921-1927) had dramatic
opportunity to test the quality of the Filipinized civil service when in 1923
his difficulties with Filipino leaders came to a head with the resignation of
the entire cabinet .and the Council of State. Wood simply instructed .the
permanent undersecretaries to take over from the departmental secretaries
and the rank-and-file to carry on the work of administration. Then he sent
a confident cable to Washington, which said in part: "Conditions as to gov- I
• and efficiently.t" 2
However, despite all the changes that had occurred and the proof that
Filipinos had given that they were capable of running their government,
the situation up to 1935 was still a colonial one, with the Filipinos still
ultimately accountable to the colonialrulers. The Commonwealth period
• would give the Filipinos greater control over their own affairs. .
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144 PHILIPPINE JOURNAL 9F PUBLIC ADMINISTRATION
setting up of the Commonwealth government. The constitutional provision
•
was followed up by specific pieces of legislation that .further strengthened
the civil service. One of these, passed in 1936, elevated the Bureau of Civil
Service from a second-class to a first-class bureau. The office of the Direc-
tor of Civil Service was changed to Commissioner of Civil Service, with the
rank of Undersecretary of Department. By strengthening the agency in
charge of' the civil Service of the country, Quezon thereby gave further
notice of his commitment to the principles of an advanced civil service
system.
Act No. 17.7, also enforced in 1936, was an epochal piece of legislation,
It extended the civil service to all branches and subdivisions of the govern-
ment and applied the principle of competitive examination to all positions.
Thus, thousands of municipal employees were brought into the 'civil ser-
vice. The law empowered the Commissioner of Civil Service to discipline
subordinate officers or employees by removal, suspension, reduction in •
rank, and in pay. This authority was formerly vested in the heads of depart-
ments. The law, however, reiterated the accepted principle that no officer
or employee of the civil service shall be removed or suspended except for
cause as provided by law. Commenting on ActNo. 177, Joseph Ralston Hay-
den said that it was "acivilservice reformer's dream come true... It writes'
into the law of the land virtually every safeguard of the' merit system that
Philippine directors of the civil service had been advocating for years.?" 3
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World War: the economic prostration and severe physical destruction of the
145
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How did the civil service system perform as far as the provisions of the .
basic laws on the system were concerned? By the 1950s, the legal bases of
the civil service were still the original Civil Service Act of 1900, the Civil •
Service Rules and Regulations of 1909, and Commonwealth ACt No. 177
of 1936. In 1954, the President of the Philippines created a Committee in
the Civil Service to look into the civil service independently of the GSRC.
The Committee's judgment on the civil service, more specifically in. public
personnel administration, is worth quoting: "Judged by modem standards
. . . personnel management is deficient and the Bureau of Civil Service ...
has been unable to function with the effectiveness and efficiency expected.
of a central personnel agency. The symptoms of this ailment of the govern-
ment are- very evident. There is delay in the recruitment, examination and
placement of employees; there is over-centralization of authority in the
Bureau of Civil Service; there is loose and inadequate discipline of civil
service employees; and, there is no program for positive personnel manage-
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The Civil Service Act of 1959 (R.A. No. 2260) sought to remedy the
defects of the civil service system by (1) amending, repealing or improving
existing provisions in the Civil Service Law and in other legislation which
tended to defeat the merit system and (2) making new provisions for carry-
ing out more effectively and economically the needs and requirements of
the public service.29 More specific provisions of the Act (1) changed the
Bureau of Civil Service into a Civil Service Commission; (2) created a full-
time Civil Service Board to act as appellate body in administrative cases de-
cided by the Civil Service Commissioner; (3) provided for the creation of
'.
personnel offices and personnel officer positions in various branches of the
governnment; (4) authorized agencies to have appropriate training staff
and to establish their own in-service training. programs in accordance with
standards laid down by the Commission; (5) provided an improved per-
formance rating system as well as an improved promotion system; (6) con-
sidered immorality and improper solicitation of contributions from subordi-
nates and schoolchildren as grounds for disciplinary action. We can see from
this incomplete list of provisions that the new law not only directed its
thrust atthe basic weaknesses of the civil service but also upheld progressive
principles of personnel adininistration.
" '
The question on how the new law would fare in actual practice is
partly answered by sporadic studies documenting bureaucratic performance.
One of these" 0, presents in some detail an apparently widespread practice
of Congress and the Office of the President dividing equally through rather
elaborate procedures, all new positions created in the budget of 1959, the
year, interestingly enough when the Civil Service Act was passed. The so-
called "50-50 Plan," which gained wide publicity and notoriety, illustrated
• very well how political and cultural factors had come to vitiate the workings
of a progressive civil service system.
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officials who profited from fake vouchers, padded payrolls, salary kick-
•
backs, overstocking of government supplies, or protection of illegal Chinese
immigrants. On the high levels were candidates for positions who filed dis-
honest declarations of election campaign expenses, political big-shots who
peddled influence,party leaders who misused public .funds for partisan pur-
poses. Then there was an elite group of grafters and corrupt officials whose
profits -from corrupt transactions with the' government ran into millions of
pesos, but whose powerful connections rendered them virtually untouchable
by the law: .
There were certainly enough laws in the books that could be thrown
at the grafters. Congress was quite responsive to the upsurge of graft and
corruption after independence," 1 The first such law was the Forfeiture Law
of 1955 which authorized the state to forfeit in its favor any property
found to have been unlawfully acquired .during the incumbency of the
employee "which was manifestly out of proportion to his salary and other
income:"In 1960, the Anti-Graft and Corrupt Practices Act was passed after
rough sailing in Congress. It was considered a more comprehensive and
•
potent piece of legislation. The law listed eleven acts of public officials as
constituting corrupt acts, aside from those already prohibited by existing
laws. Apart from this law, there were still others which were subsequently
enacted.
As the country entered the decade of the 1970s,'it appeared that the
problems of the Republic were to continue unsolved, until the declaration
of martial law in 1972 promised the most extensive and wrenching effort at
reform ever attempted in the history of the Philippine republic. In conso-
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undertake a quick succession of measures designed "to save the Republic and
-to transform Philippine society." President Marcos declared the whole coun-
try a land reform area, disbanded private armies, rounded up members of
crime syndicates, increased tax collectioris and cleaned up the streets. He
also decreed the reorganization of the government and the. summary dismis-
sal of employees with records of graft, corruption and inefficiency.
vil servants, which led to the "purges" of 1973 and 1975. P.D. No. 868
placed under civil service laws and rules government-owned and controlled
corporations and repealed all provisions of charters, laws and decrees which
had exempted certain agencies. P.D. No. 807 (the Civil Service Decree of the
Philippines) provided new, more facilitation policies, together with Letter
of Instructions Nos. 316, 317, 318, 319 and 320, all-issued on September
23,.1975.
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II
• documented case studies demonstrate this. Of the Bureau of Internal Re-
venue the writer traced the presence of corrupt practices to: (1) a per-
vading administrative culture that tends to tolerate corruption and create
opportunities for corrupt activities; (2) weaknesses in the administrative
machinery that give ample opportunity for manipulation of financial docu-
ments and records as well as for collusion between the bureaucrat and the
client.P?
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.and have established a fairly impressive record of the number of cases they
•
have handled, as well as in the number of convictions. The public's impres-
sion,however, is that only lower-ranking civil servants have been found'
guilty and meted out severe penalties. A big-time grafter still has to be con-
victed to convince a doubting public that the government is really serious
about solving the problem of graft and corruption.
It seems that for some indefinite time into the future, our period of
comfortable and uncomfortable accommodations between our conflicting
values will continue. At least, for now we can claim that we have been exert-
ing much effort to put the house in order, and that our standards of public
behavior are high and clear and that we shall continue to try to uphold them.
Endnotes
ISee, for example, the interpretation of Onofre D. Corpuz in The Philippines (Englewood
Cliffs, New Jersey: Prentice-Hall, 1965) pp. 87-92. Also Edwin Stene and Associates, Public Adminis-
•
tration in the Philippines (Manila: V.P. Institut~ of Public Administration, 1955) pp. 49-53,
2 See Onofre D. Corpuz, The Bureaucracy in the Philippines (V,P. Institute of Public Adminis-
tration, 1957) and Eliodoro Robles, The Philippines in the Nineteenth Century (Quezon City:' Malaya
Books, Inc" 1969)
3 .
Corpuz, Bureaucracy, p. 34.
5Nicolas Zafra, "The Residencia in the Colonial Administration System in the Philippines,"
Philippine Historical Bulletin (March 1963) pp. 14-33.' '
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9"Testimony Taken by the Philippine Commission Relating to Religious Orders," Senate Docu-
ment 190 (Washington: Government Printing Office, 1901) pp. 63-71.
lOBonifacio Salamanca, The Filipino Reaction to American Rule (Hamdem, Conn: The Shoe-
string Press, 1968), pp. 26-51 for a discussion of the birth of American policy towards the Philippines.
12Paul van Riper, History of the U.S. Ovil Service (Evanstone, I1linois:Row, Peterson and Co.,
1958) pp. 96-100.
• 13Joseph R. Hayden, The Philippines: A Study in National Development (New York: MacMil-
lan & Co., 1955), p. 88.
16/bid , pp.174-175.
18/bid, p. 80.
25u.s. Economic Survey Mission's Report (Manila: Philippine Book Co., 1950), p. 1.
.'
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•
30Gregorio Francisco, Jr. and Raul P. de Guzman, "The 50-50 Agreement," in R.P. de Guzman
(ed.), Patterns in Decision-Making (Manila: V.P. College of Public Administration, 1963) pp. 105-134.
32Ibid.
34Albina Dans, "The Philippine Civil Service: Structure and Policies," Philippine Journal of
Public Administration, Volume XXVI, Nos. 3 and 4 (July-October 1977) p. 291.
35Ligaya Jorge, "The JET: Program for Education and Training at Middle Managerial Level,"
in ibid., pp. 421-423
36Ledivina V. Carifio, "Personnel Policies and Bureaucratic Behavior under Martial Law,"
ibid., p. 310.
37Leonor M. Briones, "Negative Bureaucratic Behavior and Development: The Case of the
•
Bureau of Internal Revneue," Philippine Journal of Public Administration ,(Volume XXIll, Nos. 3
and 4 (July-October 1979), pp. 255-27.8. .
39Raul P. de Guzman, Rizalino Vifieza and Josie H. de Leon, "Bureaucr~tic Behavior and Deve-
lopment: A Case Study of Supply Management in a Philippine Government Agency," in ibid., pp.
279-295.
April