2.  Speedy Resolution of Corruption Cases, with Special Cases of Grand Corruption

Laws and rules provide reglementary periods to be observed in the filing and prosecution of corruption cases. The strict observance of these rules will highly contribute to the speedy resolution of corruption cases and serve as a deterrent and a proof of the government's sincerity in its commitment to fight corruption.

a)  Review policies and procedures on speedy disposition of cases. Courts are required to submit their decisions within 90-calendar days from the time the case was submitted for resolution. This period excludes litigation proper where delays are common. Thus, it is suggested that a review of existing laws and rules be done to address the problem;

b)  Strictly implement the reglementary period provided for by laws and rules for the immediate resolution of administrative and corruption cases. After the policies and procedures on the speedy disposition of cases has been reviewed and improved, strict compliance with the periods set forth by laws and rules must be ensured;

c)  Pursue corruption cases resolutely based on principle and to set a public example. Especially in well-known cases of grand corruption, the government shall use all instrumentalities to ensure that solid evidence is gathered, prepared, and preserved so that cases are not compromised but rather pursued in accordance with the full force of the law. As a result, this may serve as serious deterrents to future grafters;

d)  Amend the COA Charter to provide for the recovery of illegally-disbursed public funds. The COA Charter21 amendments must solve the problem of issuance of writ of execution of decisions rendered final and executory by the Supreme Court in cases on notice of disallowances for illegal or irregular disbursements or notice of charge for under collection or underassessment of revenues applying to natural or juridical persons. Under the Constitution, COA decisions are directly appealable to the Supreme Court. However, the COA Charter, Rules of Procedures and other issuances do not contain any provision on how to execute these decisions and collect COA disallowances and charges from private persons or entities. Alternatively, Supreme Court rules of procedures in execution of judgments on COA appealed cases may be reviewed;

e)  Nationwide implementation of the case tracking monitoring system. All justice sector agencies should be interconnected through the National Justice Information System;

f)  Pursue the enactment of a Whistleblower Protection Law. A credible means to protect key informants is urgent, particularly when the impartiality of judicial and law enforcement agents is in question; and

g)  Pursue the enactment of a law on campaign finance reform regulating campaign contributions. There should be a law limiting campaign contributions. Unregulated campaign funds often results in the corrupting influence of campaign contributors to an elected candidate. Our election laws impose limits on the amount and type of campaign expenditures, and candidates are required to report all contributions but there is nothing that regulates the excess contribution.




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21  P.D. No. 1445, "Government Auditing Code of the Philippines."