Forum sponsored by the American Bar Association
Feb. 19-20, 2007

LADIES AND GENTLEMEN:

When one reflects on the root cause of corruption in a country like the Philippines, one might find a sound perspective from the wisdom of the pen of two great authors.

The English writer Sir Francis Bacon wrote:

“One of the seven wise men of Greece was wont to say: that laws were like cobwebs, where the small flies are caught and the great break through.”

American author Jonathan Swift penned similar words but with a vocabulary easier for us to comprehend. He wrote:

“Laws are like cobwebs which may catch small flies, but let wasps and hornets break through.”

No, not that Philippine laws are to blame for an apparent presence of collective and orchestrated dishonesty both in the private and government sectors.

The aptness of Sir Francis Bacon and Jonathan Swift’s prose refer instead to an unfortunate reality that is perhaps not unique to my country: that laws and the legal system are themselves victims when some quarters deliberately mock the moral and legal standards of honesty, integrity and transparency.

In view of this reality, the Integrated Bar of the Philippines has been active in the battlefront as our nation and government wage an aggressive war against corruption.

As we take an active part in this war, the Philippine legal community has taken a deeper, more incisive look into the issue of corruption. Our aspiration is that, by doing so, we can help deal the corruption dragon a solid, crippling blow.

Among the crucial first steps in winning the war is understanding the nature and root cause of corruption in our country.

This is important to ensure that the steps we are taking to help curb corruption are not mere palliatives. It is important that such steps lead to a reasonable degree of certainty pointing to the future eradication of the malady.

The deeper, more incisive look reveals an important truth: that corruption is not innate in Philippine culture; that it is in fact, anathema to our core values as a people; that it is clearly opposed to our moral, professional and social ethics.

This perspective underscores that corruption is not simply anchored on financial, political or business reasons. This perspective shows that there is a growing ignorance among our countrymen of what it is that we hold closest to our hearts as a people; that we may have forgotten what we collectively value; that we may have failed to hand over our cherished norms, ethics and standards from one generation to the next.

The bottom-line is this: corruption grew because we forgot who we are.

Who are we? We are among the first people of Asia to have a codified system of laws referred to in our history as the Code of Kalantiao. The presence of such a codified legal system as early as 1433 shows that long before the arrival of colonizers, our ancestor had laws that defined, protected and preserved a sound moral order. We had a well-established society governed by the Rule of Law.

That Rule of Law was anchored on the value of personal honor. It was this sense of honor which governed social and economic transactions. One is struck at how highly honor was valued under that early system, as evidenced by this provision in that 15th century code.

I quote from Article 5 of the Code of Kalantiao:

“Ye shall obey; he who exchanges for food, let it be always done in accordance with his word. He who does not comply, shall be beaten for one hour, he who repeats the offense shall be exposed for one day among ants”.

The Rule of Law was further enhanced by a deep sense of religiosity fostered in our culture, thanks to the influence of European colonizers. Our religious heritage subconsciously tell us that there is a Big Father watching us, ensuring that we adhere to moral principles even when the enforcers of the law are not looking.

We may have lost our affinity with these values.

There is a view that corruption thrives in a small developing nation like the Philippines because of poverty. The Integrated Bar of the Philippines believes such a view suffers from serious infirmity. It is not those who are poor who promote such a culture. It is not the poor who initiate the corruptive act; it is not the poor who employ the corruptive tools of bribery, enticements and threats.

Rather, it is those who have significant financial means with which to manipulate political, economic, legal and social systems to their undue advantage.

As far as the Integrated Bar of the Philippines is concerned, it is the absence of a clear personal and collective standards of integrity, honesty and morality which may have aggravated the problem of corruption.

In its May 2000 report, the World Bank notes that “corruption is perceived to be a problem in the Judiciary”. The World Bank report continues: “In a survey released in February 2000, 62 percent of respondents believed that there were significant levels of corruption within the Judiciary. 65 percent of respondents believed that “many” or “most” lawyers could be bribed, while 57 percent thought the same about judges”.

Following the report, the World Bank proposed a nine-point approach to fighting corruption in the Philippines . The proposed strategy focused on reducing opportunities and motivation for corruption, and on making corruption a high-risk, low-reward activity.

The Integrated Bar of the Philippines supports both the approach and the strategy. The focus of our participation is two-fold: first, helping institute Judicial reforms, and second, harnessing the strength of the legal community in battling corruption.

The Philippine Judiciary has gain significant headway in the following reform measures:

First, reduction in case overloads and delays.

Second, improving the living and working conditions of the officials of the Judiciary;

Third, further raising the standards of Judiciary performance through effective judicial education.

The leadership of the Philippine Judiciary is restoration of meritocracy in the appointment of members of the Judiciary. It is held that the return of people’s respect and trust for the judicial system a widespread public perception that judicial appointments and promotions are based on merit and performance track record is indispensable.

This aspiration has received a major boost following the appointment of the current Chief Justice of the Supreme Court, the Honorable Reynato Puno. His selection has been widely viewed as being based on the excellence of his record of service in the Judiciary, on his unblemished reputation and on his strict adherence to the highest standards of personal and professional integrity.

With Chief Justice Puno at the helm of the High Court, hopes are high that the current pace of judiciary reforms can be sustained, and even further accelerated.

But only with the full support of the legal community.

I say with the support of the legal community because the Integrated Bar of the Philippines believes lawyers play a crucial role in the preservation of the integrity of the officers of the Judiciary.

I go back to an earlier statement I made concerning the one of the possible roots of corruption in the Philippines : “It is not the poor who initiate the corruptive act; it is not the poor who employ the corruptive tools of bribery, enticements and threats. Rather, it is those who have significant financial means with which to manipulate political, economic, legal and social systems to their undue advantage”.

Interestingly, it is widely held that the favored and favorite tool for such manipulation among those who possess the financial means are lawyers.

And the Integrated Bar of the Philippines has taken it upon itself to change such perception, correct the reality, penalize perpetrators and prevent the malady from spreading even as we cut this problem at the root.

If lawyers are the bridge used by those who wish to manipulate the Judiciary, then the legal community must prevent the corruption of its own ranks. Incorruptible lawyers cannot be used to corrupt judges.

One who wishes to do bribe, entice or threaten an officer of the Judiciary needs a lawyer to perpetrate a corruptive act .

Deprive him of a corruptible lawyer, he cannot corrupt a judge.

The Integrated Bar of the Philippines has, therefore, put in place three parallel efforts. These efforts are designed to prevent corruption from establishing deeper roots within the legal community. At the same time, these efforts are designed to equip the legal community to be anti-corruption advocates for society at large.

Our current efforts run along these lines:

First, Education.

Second, Engineering.

Third, Emulation.

Our education efforts run along two tracks. First is educating our own ranks on the evils of corruption and its adverse effects on our social, economic, political and moral spheres. Second is educating, our re-educating our own ranks and those within our reach, on our core values as Filipinos.

The first education stream is negative reinforcement; the second, positive. The first stream tells our fellow lawyers what must be stopped. The second, what must be made resurgent, revitalized.

The first stream wakes us up to what our ranks have become; the second tells us what we must become again if we are to stop the further erosion of our core values as a people.

The dual-stream approach to our education efforts is anchored on this principle: that the fight against corruption must be supported by a call to return to our basic values. Penalizing corruptive acts is palliative; returning to basic values is healing.

Now, regarding “engineering”. What I mean is “engineering alternative methods of conflict-resolution”. This, we believe: the litigious litigation route creates a zero-sum game mentality among protagonists. Zero-sum games – where there are winners and there are losers. And, where the winner takes all.

This type of “scorched earth” approach is anathema to our value system. We are basically a generous people. But when faced with the specter losing in a zero-sum game, some succumb to the temptation to control the game by manipulating the rules. Or by bribing, enticing or threatening those who are in a position to declare the winner.

It is for this reason that the Integrated Bar of the Philippines is actively campaigning for the expanded resort to arbitration mechanisms. We believe that when parties know that a win-win scenario is possible, they will not resort to corruptive means. That they will respect the rules and those who implement them.

With other organizations, the Integrated Bar of the Philippines actively conducts training on arbitration, and encourages our members to promote this mechanism for dispute resolution.

Finally, our third effort: emulation. By this I mean recognizing and affirming our fellow lawyers and those in the Judiciary who personify the values and ideals of honesty, transparency and integrity so that others may model after them.

Most people are like judges: they require evidence. They will remain skeptical unless and until proof is produced, clear and convincing. This is why we emulate those who oppose corruption, those who are the anti-thesis of dishonesty in public service. They are the evidence. They are solid proof that the core values of Filipinos are worth living out even today, five centuries since the first legal code was established in our country.

Education. Engineering. Emulation.

The combination of these sustained efforts will hopefully bring about an ideal environment – an environment where codes of ethics are lived out; where mutual respect and trust govern transactions, even transactions involving legal disputes.

Mutual respect and trust.

Very Filipino. These are values we hold dear. And for us, corruption is the highest form of disrespect towards our dignity as persons. Corruption is an expression of serious distrust.

At the end of the day, the battle against corruption in our country can only be done this way: to let respect and trust govern our relationships.

At the end of the day, what is corrupted is not the system nor the transaction. What is corrupted is the person, the heart, the soul.

And the return to our basic core values is the best way to regain our trust and respect for ourselves and our fellow man.

We believe that when we respect ourselves, it will always be beyond our human dignity to resort to bribery, to enticements or threats. Respect for ourselves and others is the best unwritten law that will keep us within the bounds of honesty, integrity and transparency.

Dr. Martin Luther King wrote:

“Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.”

In the Philippines , it is our hope that the light and love that emanate from respect and trust would one day effectively drive out the darkness and hate that corrupt hearts, as they do judicial and social systems.

Thank you and Good Morning.