Conflicts of interests in public works

How can a COA commissioner audit the public works anomalies involving alleged flood control projects if his own wife is a contractor? How can the Senate led by the Senate President credibly investigate the contractors if one big contractor has admitted donating P30 million to the SP's senatorial campaign?

How can the congressmen fairly and properly investigate the flood control projects if 67 of the House members allegedly are contractors themselves? How can the DPWH honestly investigate its own officials when the investigators are supposedly the same officials that would be the subject of the investigations? How can the accused or the suspects become the prosecutors and the judges themselves? How can the respondents act fairly as judges of their own alleged malfeasance, misfeasance and nonfeasance?

A contractor or supplier cannot give a luxury car to a district engineer, or shoulder the costs of the foreign trips of a DPWH official, his wife and children. The contractors cannot give expensive jewelry to the wife of a public works director or Usec. and Asec. Suppliers cannot stand as sponsor to the wedding of a contractor or his children. A contractor cannot lend his Lamborghini or Maserati to a regional director, auditor or field engineer of the DPWH. DPWH officials cannot obtain a loan from a contractor. If the DPWH officials and the contractors are ignorant of the law, they should have at the very least a modicum of delicadeza.

There is such a thing as conflict of interest. There is a Cebu-based contractor who is admittedly only a single proprietorship. He had one of his children's grandiose weddings held in the Cathedral and the reception in the grand ballroom of the number one hotel located in Lahug, Cebu City. The wedding sponsors included Senator Raffy Tulfo and his wife who is also a legislator, then-senator Manny Pacquiao and his bejeweled wife, Jinky. There was also then-mayor Ahong Chan and his wife then representative. How can these senators investigate the contractor later including that single proprietor from Dumanjug?

What is the meaning of conflict of interests? Based on Philippine laws and jurisprudence, a conflict of interests occurs when an individual's personal, family, friendship, financial and social relationships have the likelihood or possibility of compromising his or her official decisions. That is, public officials are not allowed to engage in construction and public works. A congressman involved in budget approval cannot ethically participate in the choice of contractors to implement and execute a public works project like those in flood controls.  A public official of DPWH cannot own a construction company.

Under Article XI of the Philippine Constitution, Section 1 it is emphasized that a public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead modest lives. Section 17 of the same Article provides that upon assumption of office and as often as thereafter, they may be required by law to submit a declaration under oath of his assets, liabilities and net worth or SALN. The non-submission of SALN was the cause why Chief Justice Maria Lourdes Sereno was removed by quo warranto.

Republic Act 6713 or the law establishing a Code of Conduct and Ethical Standards for Public Officials is intended to uphold and to give life to the fundamental and overriding Constitutional Principle that public office is a public trust. Under its Section 7, there are specifically prohibited acts and transactions. First and foremost, public officers and employees shall not directly or indirectly have any financial or material interest in any transaction requiring his approval. They cannot own, control or manage, or accept employment as officer, employee, consultant or counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office.

All public officials and employees are prohibited from engaging in the private practice of their profession, and from recommending any person to any position in a private enterprise which has a regular or pending official transaction with their office. This prohibition continues to apply for a period of one year after resignation, retirement or separation from public office. They are also prohibited from practicing their profession within the same period before the public office formerly occupied by them. They cannot use, divulge confidential or classified information officially known to them by reason of their office.

Public officers and employees are not allowed to solicit or accept gifts directly or indirectly nor receive any gratuity, favor, entertainment, nor obtain loan or anything of monetary value from any person in the course of their official duties. That is why it is clear that purchasing officers of any government agency cannot fraternize with the suppliers and contractors. The contractors cannot give gifts to district engineers and regional directors in the form of SUVs and luxury cars. They cannot give gifts to the wife and children of DPWH officials. And DPWH officials and their wives and children cannot travel abroad at the expense of contractors and suppliers.

It is not enough that the DPWH officials are honest. They must live lives beyond reproach. Like Caesar's wife, public officials must live modest lives and behave in a manner characterized by decency, integrity and dignity.