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american bar association rule of law initiative/asia division 740 15th street nw washington dc 20005 tel/fax 202-662-1000 202-662-1684 to maria rendon acting chief office of economic development and governance usaid/philippines ria orca agreement officer s technical representative usaid/philippines michael rossman contracting officer usaid/philippines jennifer rasmussen asia director aba roli/dc laura travis director aba grants accounting services /dc thais-lyn trayer program manager aba roli/dc scott ciment country director aba roli/philippines november 15 2010 usaid cooperative agreement no 492-a-00-09-00033-00 enhanced governance through anti-corruption efforts in the philippines fy2010 annual report october 01 2009 ­ september 30 2010 cc from date re background and overview usaid/philippines awarded the american bar association rule of law initiative aba roli funding to implement a 24-month program october 1 2009 ­ september 30 2011 designed to support anti-corruption reforms in the philippines the program has two objectives to provide legislative support to the office of the ombudsman and to strengthen the capacity of journalists to investigate and report local corruption this annual report addresses the activities under each of these objectives as described in the workplan approved by usaid in december 2009 executive summary highlights from the year · aba roli consulted closely with the office of the ombudsman omb to create a technical working group twg of high-level officials to draft proposed amendments to existing laws and the omb charter to strengthen the law enforcement capacity of anticorruption agencies of the philippines the twg met regularly over six months with technical assistance from aba roli and its legislative research consultant to prepare draft legislation for the ombudsman s consideration and endorsement aba roli philippines fy 2010 annual report november 15 2010 1

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· ombudsman merceditas gutierrez approved and endorsed the official proposed bills to congress on 12 july 2010 the bills would provide omb investigators with the authority to issue bank inquiry orders and freeze orders ex parte without prior notice to targets of investigation this change will bring the philippines into compliance with international law and standards by closing a legal loophole that allows parties to siphon illegal monies away from accounts while these accounts are under investigation the bills will also exempt the omb from paying bonds and taxes on asset forfeiture cases and empower them to hold uncooperative witnesses in contempt finally the bills address an absolute barrier to successful anti-graft prosecutions set out by a supreme court decision that requires investigators to file a case before they can review banking records the omb presented the proposed bills in congress on the first day of its new session to ensure that the legislation ranks high in the congressional priority list for action the bills garnered sponsors in both houses representative roilo golez and senator miguel zubiri and both versions are substantially similar to the draft proposed by the omb twg although important revisions were made to improve the bills modifications by the sponsors include reducing the effective dates of freeze orders from six to three months and cutting the provision on the omb s percentage receipt of forfeited funds the bills are now being considered by the house committee on justice where further amendments are anticipated in collaboration with the omb aba roli completed its gap analysis of philippine law and the omb charter to identify deficiencies in the enforcement powers of domestic anti-corruption law and places where current law fails to comply with philippine obligations under international law this gap analysis will be a critical resource as congress debates anti-corruption legislative proposals on march 23 the philippine public transparency reporting project pptrp and its companion website pera natin to it s our money were formally launched over 70 representatives of 37 public and private-sector organizations attended the launch event pptrp aims to improve understanding of and collaboration on issues of public accountability and governance by journalists activists civil servants and private citizens the website contains resources and timely updates on anti-corruption issues provides a channel for anti-corruption tips and serves as a forum for related discussions since its launch the website has received almost 15,000 unique visits during the year and its bulletin boards and companion facebook page have attracted substantial viewer attention and content dozens of local and international corruption fighting agencies and ngos have contacted pptrp to discuss how it can serve as a model in other countries · · · aba roli philippines fy 2010 annual report november 15 2010 2

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· pptrp conducted ten transparency and anti-corruption trainings educating over 200 journalists and local civil society representatives in visayas and mindanao on how to investigate and report local corruption issues responsibly and knowledgeably topics included anti-corruption law investigating public officials and obtaining documents on public finance and expenditure expert lecturers included philippine anti-corruption lawyers from aba roli staff and veteran journalists and advocates from pptrp and the national union of journalists of the philippines pptrp successfully launched two pilot local transparency groups the watchful advocates for transparent clean and honest governance in kidapawan watch kidapawan and the multi-sectoral alliance for transparency and accountability mata-samar that aim for closer collaboration between media and civil society the pilot groups are composed of print and radio journalists members of civil society organizations academics religious leaders everyday citizens and public servants working across dividing lines to monitor the local government s performance and to increase civic participation in transparency issues as a result after an incisive inspection of fiscal documents watch kidapawan exposed and recovered missing pieces of equipment and has prompted the suspension of seven local officials accused of involvement in the disappearance of millions of tax funds mata samar has gathered information on local infrastructure projects and the 2010 provincial annual budget to be published online in the coming months in may to increase collaboration and information sharing pptrp convened over 50 corruption-fighting organizations including the transparency and accountability network code ngo makati business club the ateneo school of government the international center for innovation transformation and excellence in government philippine human development network and the association of schools of public administration in the philippines in its first year pptrp created a network of over 500 journalists from different provinces and in metro manila working to expose corruption and to highlight positive changes at the local and national levels · · · challenges encountered during the year · legislative support to the office of the ombudsman due to preparations for the national elections and substantive debates that arose during the twg meetings there were delays in crafting and finalizing legislation consequently program activities were pushed back a month as the omb twg met repeatedly to obtain consensus about key features of the legislation to be submitted for ombudsman merceditas gutierrez s endorsement aba roli is sharply skeptical of some of the 3 aba roli philippines fy 2010 annual report november 15 2010

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twg s recommendations and sees certain elements as overly broad and vesting investigators with excessive discretion for example one of the provisions adopted by the twg over repeated recommendations to the contrary by aba roli would allow omb investigators to freeze bank accounts without a court order another component aba roli advised against allows the omb to retain 50 of all assets seized to be used to supplement omb employee salaries and for the purchase of office equipment aba roli has strongly urged the twg to remove this language from the proposed bills regulatory mechanisms and alternative uses of monies recovered through omb efforts can be explored once the bill arrives in congress the strained relationship between president aquino and ombudsman gutierrez culminating with the president s public disapproval of the ombudsman and support for her impeachment by congress has required aba roli to proceed with utmost care in mustering support for omb reforms during informal discussions with aba roli s legislative advocacy consultant lac malou tiquia of publicus asia inc pai president aquino expressed reservations over any proposed measure that would boost the independent powers of ombudsman gutierrez unless the president perceives the ombudsman as an institution distinct from ombudsman gutierrez he may block the passage and enactment of the proposed legislation thus the lac has to strategically reinforce this distinction and to demonstrate links between proposed omb reforms and the new administration s anti-corruption platform which has the potential to gain significant attention from legislators and other stakeholders for the proposed measures while aba roli was able to successfully complete its two major component objectives to facilitate the drafting of the proposed legislation and an advocacy plan to support its passage in congress further legislative support to the omb will be discontinued due to the political nuances of the impeachment case filed against ombudsman gutierrez and the resultant adverse atmosphere for the proposed bills the highly politically charged environment has made aba roli s efforts to create an effective legislative liaison office more difficult aba roli through its lac is working with the omb to identify suitable people to serve as legislative liaisons but given the strained relationship between the ombudsman and president aquino few senior staff members are in a position to liaise effectively with congress additionally any legislative liaison effort could be perceived by the public or by congress as an endorsement by aba roli or usaid of ombudsman gutierrez to combat the impeachment proceedings against her aba roli and the lac are exploring course corrections to advocate effectively for the legislation that do not carry this political baggage as described above aba roli will work in the next quarter to rectify the overly broad nature of the twg s proposed legislation and to either establish an effective llu for the aba roli philippines fy 2010 annual report november 15 2010 4

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lac to train and mentor or propose alternative outputs the likely impeachment proceedings against ombudsman gutierrez will certainly complicate efforts to pass any legislation endorsed by her on the other hand impeachment proceedings might provide an opportunity for the legislation to become politically viable as a means for the new government to turn a new leaf for the omb and showcase it as an important institution distinct from its officeholder · strengthening the capacity of journalists to report on local corruption the massacre of 30 journalists in maguindanao had serious repercussions in the journalistic community particularly in davao several of the journalists iwpr have worked with in the past were killed and there was serious concerns expressed by potential partners about security issues associated with reporting on local corruption pptrp s trainings for media and civil society organizations csos were pushed back to the late third and fourth quarter because most media outlets were in the midst of preparing for the national election and its aftermath all trainings were finished by the end of the fourth quarter there has also been a slight delay in selecting the final two pilot media groups but preparatory discussions have taken place to fast-track program activities next quarter of note one of the participants of the pptrp training in samar a local government employee was verbally harassed by the governor for taking part in the training pptrp is currently investigating the claim progress achieved during the year objective 1 provide legislative support to the office of the ombudsman active · · · · · · prospective · draft legislative proposals to enhance omb enforcement mechanisms comprehensive gap analysis of the legal environment pertaining to laws on bank secrecy asset forfeiture and the omb charter develop advocacy plan to guide proposed legislation through congress omb presents bills to congress monitoring progress of proposed legislation in congress supporting consultants providing technical assistance during the legislative process consult anti-corruption stakeholders and establish coalitions to support omb legislative reform efforts aba roli engaged professor gilbert sembrano of the ateneo de manila school of law as its legal research consultant lrc on november 1 2009 to assist the omb on legal research and legislative drafting in december 2009 the omb issued an order creating a aba roli philippines fy 2010 annual report november 15 2010 5

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twg responsible for preparing and implementing the work plan the twg is co-chaired by deputy ombudsman mark jalandoni and assistant ombudsman evelyn baliton and composed of members from different omb bureaus including the office of the deputy special prosecutor the office of legal affairs the fact-finding investigation bureau the preliminary investigation and administrative adjudication bureau and the field investigation office figure 1 members of the omb twg discuss deficiencies in existing laws citing the firsthand experience of investigators and prosecutors in the field aba roli worked closely with the omb twg to identify the deficiencies in existing laws that both hinder prosecutions against corrupt government officials and violate philippine commitments under the un convention against corruption these challenges also include the recent limitations on the omb s investigative powers imposed by the supreme court in recent rulings to expedite the discussions and legislative drafting twg members were divided into three subgroups to identify and discuss first-hand accounts from investigative and prosecutorial omb officials and a review of existing laws and supreme court decisions impacting their office was conducted after convening regularly for several months with the assistance of the lrc the twg had worked through most of its proposed corrective amendments on the identified legislative agenda on asset forfeiture bank secrecy and omb charter on may 27 2010 aba roli contracted malou tiquia from publicus asia inc 1 pai a well known lobbying and political management firm in the philippines as the legislative advocacy consultant lac to assist omb in pushing the passage of the proposed bills in congress pai drafted an outline of a legislative advocacy plan that cast omb as the lead agency of the proposed reforms and set up a permanent liaison office to communicate with and lobby for omb s interests in congress even after the program has concluded as part of its scope of work pai plans a strategic planning and training session to educate the liaison unit on bill tracking and political mapping advocacy and strategy liaising with congress and coalition-building to set the advocacy plan in motion aba roli quickly met with ombudsman merceditas gutierrez and representatives from usaid to emphasize the urgency of constituting a 1 http www.publicusasia.com 6 aba roli philippines fy 2010 annual report november 15 2010

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legislative liaison unit within omb as a result office order no.187 see annex 1 was released creating the omb legislative liaison team members of the unit include deputy ombudsman mark jalandoni as chairman and deputy special prosecutor jesus micael as vice-chair other members include assistant ombudsmen directors prosecutors and graft investigator and prosecution officers figure 2 assistant ombudsman virginia santiago left from the visayas regional office and director elvira chua of the prosecution and monitoring bureau critique and refine proposed legislative drafts of the omb reforms in june a three day write-shop honed the proposed bills and discussed advocacy strategy among the salient amendments identified are authority to access bank accounts and freeze assets exemption from paying bond and payment of taxes on asset forfeiture cases and contempt powers for the omb to aid its process of requiring compulsory testimony by witnesses during the workshop the lac oriented the technical working group on the legislative process and advocacy and mapped the political affiliations of the 15th congress the lac also familiarized participants on the status of similar measures proposed during the previous congress and potential political debates that may arise with the current set of bills the congressmen who sponsored the previous bills roilo golez joseph emilio abaya francis escudero and panfilo lacson are considered likely to support the omb proposals at the end of the write-shop disagreements over the appropriate language to be used on the final provisions prevented consensus also some members wanted the legislation to address other internal omb matters such as salaries retirement plans and protections from professional complaints consequently after two additional meetings the twg settled the issues and made the following agreements on proposed amendments o providing omb investigators the authority to issue bank inquiry orders ex parte without notifying the subject of the investigation allowing freeze orders on bank accounts to be promulgated ex parte and motu proprio without need for the complainant to make a legal motion or upon motion by the complainant valid for up to six months note that aba roli strongly recommended to the twg that the proposed bills require a judicial order for ex parte applications by omb lawyers while the twg appears reluctant to change their draft legislators are likely to resolve this issue through amendments allowing the omb to hold uncooperative witnesses in contempt for failing to appear or cooperate during preliminary investigations o o aba roli philippines fy 2010 annual report november 15 2010 7

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o o exemption for the omb from paying bonds and taxes on asset forfeiture cases allowing the omb to retain a fifty percent share of forfeited assets to be used for salary supplements of omb employees and for the purchase of equipment for subsequent investigations this is another point of disagreement by aba roli which suggests that all or nearly all funds collected by the omb be returned to the national treasury on june 11 2010 aba roli contracted atty racquel dimalanta to provide a gap analysis using empirical data from actual omb cases to strengthen the case for reform and inform debate over proposed amendments the gap analysis covers the following 1 a study of the omb s operative legal structure specifically in relation to asset forfeiture and the fitness of proposed amendments to address such gaps salient big fish cases in the sandiganbayan and the omb that demonstrate how deficiencies in the omb s legal framework hinder the successful recovery of unlawfully acquired assets underutilized mechanisms currently available to omb investigators and prosecutors relevant international models on asset forfeiture 2 3 4 5 further recommendations on alternative amendments to r.a nos 6770 the ombudsman act of 1989 and 1379 the forfeiture law for future consideration figure 3 high-level omb officials discuss how the proposed amendments will strengthen the ability of the ombudsman to recover some of the public funds lost to corruption every year as stated in aba roli s project proposal the ultimate objective of the proposed legislative reform measures is to strengthen omb s powers at the incipient stage of investigation so that ill-gotten assets are not only properly and promptly identified but also preserved until accused are judged by a court of law the analysis conducted by atty dimalanta reinforced the observations of many filipino legal observers that convictions if obtained take place many years after the onset of investigations by which time the assets in question have disappeared rendering their seizure impossible the study revealed that out of a nominal sample of cases made available the state effectively lost 4,083,323,318 97,221,983 worth of assets due to investigators inability to issue freeze orders a more complete analysis reviewing earlier closed cases might reveal this problem to have even greater consequences aba roli philippines fy 2010 annual report november 15 2010 8

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summary findings of the legal gap analysis report the gap analysis examined supreme court decisions and specific big-fish cases in the sandiganbayan and the omb to reveal how deficiencies in the omb s current legal and operational framework hinder the successful state recovery of unlawfully acquired assets the analysis found several cases dismissed by the sandiganbayan for failure by the ombudsman to substantiate claims of unlawfully acquired properties against a corrupt government employee in most cases judgments were rendered fruitless because of the length of time separating the commencement of investigation from final adjudication in asset forfeiture cases or criminal cases in which the civil case is implicitly instituted in the intervening years the assets subject to the proceedings can be easily siphoned away rendering them unrecoverable bank inquiry power in the landmark case of marquez vs ombudsman 2001 the supreme court determined that the omb s power to inquire into bank accounts is limited by onerous conditions a case must be pending before the court the account must be clearly identified and the account holder must be notified and present during inspection these conditions especially the notice to account-holders of on-going investigation have neutered the omb s power to inquire into bank accounts the gap analysis examined three illustrative cases of closed and terminated complaints dismissed during the investigative stage by the omb for lack of authority to verify bank accounts found these investigations totaling 10,230,277 243,578 could not proceed primarily because the amount in question could not be substantiated through bank records asset preservation power under the present legal structure the ombudsman charter r.a no 6770 provides that the accused must be notified before the omb may apply for a writ of preliminary attachment by the time the case is filed however the accused who has been given notice as early as the preliminary investigation stage is likely to dissipate any asset the omb hoped to secure through a writ of preliminary attachment a forfeiture case involving the family of general carlos garcia provides a clear example while the value of the assets involved was originally pegged at 202,005,908 4,809,664 135,780,461 3,232,868 of this total had already dissipated pending litigation through account withdrawals and fund remittances thus a freeze order is substantially undermined if it must be preceded by a bank inquiry order that gives notice to account holders and enables the liquidation of the account before a freeze order could be issued ex parte another prominent example of this problem is the plunder case against former president joseph estrada wherein the court found a civil liability of 735 million 17.5 million with interest and income earned out of this amount only 317 million 7.5 million has been returned to the state had the omb had been able to issue bank inquiries and freeze orders at the onset the assets of president estrada could have been fully preserved and the state would have recovered the remaining 418 million 9.9 million aba roli philippines fy 2010 annual report november 15 2010 9

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the proposed reform measures mainly pertain to the powers of the omb to inquire into bank accounts and to issue freeze orders or asset preservation orders appended in the list of attachments as annex 2 is a summary matrix of the gaps and their corresponding proposed amendments annex 3 is the full text of the legal gap analysis report for the proposed amendatory bills to republic act nos 6770 and 1379 on june 16 the scheduled training needs assessment for the legislative liaison unit llu was put on hold because the omb appointed high-level officials to the unit rather than the dedicated and specialized staff required to represent omb in legislative hearings coordinate with stakeholders provide research and monitor legislative affairs table 1 shows the scope of work of the legislative liaison unit and the corresponding job specifications aba roli through its lac is working with the omb to identify suitable candidates for the llu but the strained relationship between the ombudsman and president aquino has made senior staff members reluctant to liaise with congress position head deputy job description represents the omb in legislative hearings and coordinates with supporters and allies of the omb in pushing for the legislative measures table 1 omb legislative liaison team the proposed bills were further polished and finalized to include other salient findings of the gap analysis with all the supporting materials completed by the twg with the assistance of the lac ombudsman merceditas gutierrez approved and endorsed the official bills in congress through the senate president speaker of the house secretaries of both lower house and senate in july 2010 the bills were timely filed for the 15th congress s first session to ensure that they are given priority the bills house bill no 846-847 and senate no 1447-1448 attached as annex 4 garnered the respective sponsorship of representative roilo golez and senator miguel zubiri although both congressmen adopted most of the provisions of aba roli philippines fy 2010 annual report november 15 2010 senior liaison officer junior liaison officer bill monitoring performs head s functions and responsibilities in the head s absence liaises with stakeholders attends hearings monitors debates and attends to the relevant needs of legislators acts as researcher and writer provides periodic statements to media and conducts both internal and external communications is responsible for maintaining legislative database specifications lawyer with sharp negotiation skills and five years service at the omb covering fact-finding and prosecution assignments with experience of successful prosecution the same as that of the head s but with a minimum of 3 years service law student with relevant knowledge advanced interpersonal skills and strategic thinking communications graduate can write and execute the communication plan has advance presentation skills has knowledge of database and has advance people s skills 10

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the bills some revisions were made to reduce the freeze order from six to three months and delete the provision on omb percentage share of forfeited funds aba roli expects additional amendments to the proposed laws to occur as the legislative process continues house bill nos 846 and 847 filed in the house of representative by 6-jul-10 representative golez first reading and referred to the 28-jul-10 committee on justice headed by representative neil tupas jr 5th district of iloilo note that the committee on justice is presently focused on impeachment complaints filed against the ombudsman postponing consideration of other pending measures table 2 status of the bills as of sep 2010 senate bill nos 1447 and 1448 filed in the senate by 13-jul-10 senator miguel zubiri first reading and referred to 1-sep-10 the committee on justice headed by senator francis escudero to speed up the committee hearings a twg will be convened to approve the results a political mapping of the 15th congress identified that although the liberal party lp will play a very important role in pushing for the two bills bipartisan support is essential to secure a majority in both chambers rep golez was identified as an optimal legislator to push the bills forward since he comes from the lp and is a senior member in the senate which has only four lp members sen zubiri was recommended because he is aligned with the senate president a consensus-builder who can defend the measures on the floor and push his priorities to the top of the agenda early in the next fiscal year the lac will coordinate with mr bernie sayo head of the house presidential legislative liaison office to increase the possibility of the bills inclusion in president aquino s legislative agenda foreseeable opportunities and concerns for next year aba roli is exploring with the omb twg the possibility of establishing a public information office pio within omb rather than an llu discussions have been made to potentially amend pai s scope of work to provide public and media relations skillstraining to the omb if agreed to by the omb the pio similar to that of the supreme court will also improve the omb s ability to interface with other government the pio will have the capacity to monitor the progress of bills of import to the omb and can help in some ways to advocate for their passage or advocate against their passage if it would undermine anti-corruption efforts in the event the omb chooses a different direction in their legislative efforts aba roli will explore alternatives or simply wind down its technical assistance aba roli philippines fy 2010 annual report november 15 2010 11

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the political and credibility issues against the ombudsman have preoccupied the respective committees on justice in congress forestalling progress on omb reforms aba roli is continuously monitoring these developments in the meantime aba roli plans to conduct a roundtable discussion with government agencies civil society and business groups to present the findings of the legal gap analysis and expand sector-wide support for the proposed bills aba roli is currently coordinating with usaid s integrity project for possible collaboration on this matter objective 2 strengthen the capacity of journalists to investigate and report local corruption active · · · · · · · · · · · prospective launch philippines public transparency reporting project pptrp website pera natin `to conduct information education communications campaign publicize highlight a change section on pptrp website train local media practitioners on investigative journalism mobilize joint media and public working groups to monitor and report on local fiscal accountability and transparency hold roundtable discussions and networking events with high-level officials and media members to strengthen anti-corruption reporting conduct public outreach to encourage creation of anti-corruption networks composed of media and civil society groups publish commissioned reports on corruption issues create and publish annual report cards on public perception create and publish special budget watch section on pptrp website develop publish and distribute pptrp handbook · launch pptrp website pera natin `to after aba roli signed a sub-grant agreement with international war and peace reporting iwpr on november 9 2009 iwpr quickly initiated program activities starting with the design development and registration of pptrp s pera natin to website the site ensures an interactive and user-friendly forum for public citizens and professional journalists to productively discuss issues surrounding the investigation and reporting of corruption including safety and security in december iwpr re-established its partnerships with local organizations including the center for community journalism and development ccjd national union of journalists in the philippines nujp and mindanao news and discussed project goals objectives specific components roles and responsibilities and the current political and economic situation for mindanao journalists several of the journalists iwpr worked with in the past were killed in the november 2009 maguindanao massacre and potential partners expressed aba roli philippines fy 2010 annual report november 15 2010 12

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legitimate concerns about security issues because of the consequent difficulty in coordination with potential stakeholders in mindanao and the involvement of the iwpr project staff and partners in the campaign to achieve justice for victims of the massacre iwpr postponed for a few months the implementation of trainings and establishment of pilot media groups during this delay the project and its partners continued to finalize the plans for the two surveys on civic expectation and the role of the media in reporting corruption and issues of transparency and initiated the first batch of commissioned reports by journalists former bureaucrats and civil society organizations on public budgets procurement the role of media checks and balances and models for transparency on march 23 pptrp was formally launched along with its website pera natin to it s our money viewable at www.transparencyreporting.net attended by over 70 representatives of 37 public and private sector organizations this anti-corruption reporting project aims to improve understanding of and collaboration on issues of public accountability and governance by journalists activists civil servants and private citizens figure 4 solita collas-monsod an economist and broadcaster says pera natin to will help widen public participation in the fight against corruption pptrp changed the proposed name from iyong pera to pera natin to to better represent its model of public engagement the site name was rented for an initial period of five years and will remain operational after the project has concluded pptrp moved the website host from the philippines to the u.s to increase security and reliability a roundtable discussion entitled building and not waiting for public transparency and accountability the benefits of working together and forcing change complemented the launch panelists included executives from ccjd the commission on audit the transparency and accountability network and the ehem an anti-corruption project during the discussion ccjd executive director victor redmond batario previewed results of pptrp s media and public accountability baseline survey to measure citizen views of the media s role in combating corruption local and foreign media have carried stories about the project and the website since the launch such as philippine daily inquirer business world gma news korea herald asia news network and philippine and australian radio programs and blogs the launch was aba roli philippines fy 2010 annual report november 15 2010 13

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also attended by representatives from the diplomatic corps local and international media civil society and government offices such as the commission on audit and omb in june the complete results of the baseline study on the public s expectation of the media and its role in reporting corruption was released and published online 2 it determined present levels of knowledge skills attitudes and practices of corruption reporting by media as reported to pptrp by different groups in mindanao and the visayas the baseline also looks at how effectively the media is perceived to be collaborating with civil society sixty respondents were drawn from the media civil society organizations government agencies and the general public the study utilized focus group discussions and a questionnaire sent out to respondents in advance pptrp through the ccjd met with groups in catbalogan samar and north cotabato and will conduct follow-up sessions in 2011 below are the summary findings of the study table 3 findings of media and public transparency and accountability surveys definition of corruption questions corruption is perceived as a misuse or abuse of public funds for personal gain the prevalence of corruption at all levels of government was discussed as well as private-sector corruption including envelopmental journalism an abuse of journalistic ethics participants from northern samar and north cotabato shared corruption stories from their respective regions of missing public funds and disbursements land title issues and daily collections groups have mobilized public campaigns and rallies organized and administrative actions filed to address these issues responses from local government media csos and the public indicate varying degrees of success however the sessions revealed that to date only administrative cases have been filed against erring officials in both provinces in northern samar the isog han samar movement a group of concerned individuals from ngos church business and media groups are more active than the media in leading anti-corruption efforts while in north cotabato radio has been cited as an effective medium in reporting corruption and galvanizing citizen action alongside csos in providing information to the media in both provinces respondents said the media s role is to inform the public expose corruption issues and act as a watchdog local governments are perceived as opaque in their transactions despite efforts to address reported corruption issues csos and citizens are seen as vanguards of public interest or watchdogs of government performance as demonstrated by the isog han samar and kalampag based on the feedback from respondents the most effective medium in reporting corruption is radio followed by television because of their reach while remote provinces like sultan kuldarat use print as a primary medium publications are limited by the costs of production and distribution in samar online news portals e.g www.samarnews.com have gained an audience especially from foreign viewers csos in north cotabato have stated using online media as an effective reporting tool summary of findings how corruption is being addressed present roles of media and other sectors in addressing this issue most effective medium in reporting corruption 2 http www.transparencyreporting.net/index.php?option=com_content&view=article&id=85:media-and-publictransparency-and-accountability-survey&catid=54 aba roli philippines fy 2010 annual report november 15 2010 14

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difficulties problems of media in covering corruption effect of corruption stories on you/on the public questions training needs assessment the most common problems encountered by the media are the lack of access to officials few resources to gather information and knowledge on anti-corruption laws and security threats respondents said that the strength of the media in both provinces is strong public support areas for improvement include more balanced and accurate reporting and increased community involvement in data-gathering and follow-up summary of findings the training needs assessment identified topics such as public financing procurement laws anti-corruption laws good governance journalistic ethics and investigative reporting project management with a focus on monitoring and coalition building skills mechanisms to monitor and report compliance with corruption laws by public officials cross-sectoral awareness raising corruption stories affect audiences in both positive and negative ways depending on the quality and presentation of the news some react by asking more information correcting inaccurate reports and prompting proactive and united action others react negatively and feel angry and disappointed and feel a loss of trust and confidence in their government cso-citizens are more hopeful realizing more the need to participate act unite and remain vigilant despite the negative emotions felt in both cotabato and samar formal mechanisms are in place to monitor and report compliance of public officials on anti-corruption laws through such groups as isog han samar samar island for peace and development samar partnership for peace and development and corruption prevention unit in samar in cotabato available mechanisms include inter-sectoral convergence for peace truth and service kutabateno alang sa maayong panggobyerno union of people s lawyers for mindanao chapter white ribbon movement bantay-bigas and education first referendum later movement effective but limited informal mechanisms exist through radio text-brigade text reaction csos and citizen media common to the three sector-respondents is the need to increase awareness or conduct massive information and advocacy campaigns which can be done together with csos and other sectors the results of the survey suggest that civil society and local governments are willing to organize to enhance local anti-corruption efforts and coordinate goals and strategies besides highlighting opportunities for collaboration and engagement the results show the need for building corruption reporting skills of the media and civil society and addressing security and safety issues · conduct information education communications iec campaign during the year website features were developed and populated with technical information data and statistics to increase public involvement and to facilitate ease in investigating and reporting instances of alleged corruption the project designed the website with an eye to a broad ranged audience using lively colors boxes imagery and filipino alongside english language sections since its launch on march 23 2010 the website had received more than 25,000 visits 3 by approximately 15,000 unique visitors 4 3 4 a visit represents every time a person views the website whether for one minute or for several hours a unique visitor for purposes of this report indicates an individual user with a unique ip address visiting and viewing the website either once or many times during the quarter aba roli philippines fy 2010 annual report november 15 2010 15

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