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Graft and Corruption: A Subtle Form of Economic Crime (From Report for 1986 and Resources Series No. 31: UNAFEI, P 215-224, April 1987, Hideo Utsuro, ed. -- See NCJ-115311)

NCJ Number
115318
Author(s)
E F Guerrero
Date Published
1987
Length
10 pages
Annotation
This article presents the practices and procedures in the Philippines to stem graft and corruption.
Abstract
The practice of graft and corruption is not endemic to any specific nation or people. The damage it inflicts on countries and their people is immeasurable. Culpability for offenses falling under this category traditionally has been attributed to public officers and employees. However, today graft and corruption have assumed new and added dimensions and are no longer within exclusive domain of the involved officers or employees. Consequently, laws defining and penalizing these crimes have had to be re-examined and revised. The government of the Philippines has devised ways of containing graft and corrupt practices by providing the following: (1) an audit scheme that monitors public officers who handle and disburse government funds; (2) an office of the ombudsman that solely investigates these crimes; (3) a special court that exclusively tries all cases involving public officers and employees; (4) a process by which all unexplained wealths of public officers may be forfeited in favor of the government; and (5) a reward scheme to those who voluntarily give information on these crimes. The Ombudsman is distinguished in that it not only has investigative powers but also powers of prosecution. Also, it may call upon other government agencies to assist in the performance of its functions. One problem affecting these methods of investigation and prosecution is the undue burden placed upon public investigators and prosecutors in gathering evidence and prosecution of offenders. Further measures that may be adopted in controlling economic crimes are extradition of offenders from a foreign country and repatriation of all ill-gotten wealth stashed in a foreign bank. 5 figures.