Chapter 2

REVIEW OF RELATED LITERATURE AND STUDIES

This Chapter presents some foreign and local

literatures and studies which the researchers deemed

relevant with the present study. Such literatures and

studies cited paved the way in determining the extent

of how far researchers have gone through along the area

under investigation.

Related Literature

Ethical Standards

“Ethics” and “morality” have the Greek and Latin

origins, respectively. Traditionally they refer to

customary values and rules of conduct, as well as

insights about what counts as human excellence. Ethics

also refers to moral philosophy, a discipline of

critical analysis of the meaning and justification and

moral beliefs. Ethical beliefs and standards represent

a community’s most deeply held and widely accepted

values. Therefore, these standards and beliefs are

inseparable from the communities that create them.

Ethical discourse addresses both private and public

behavior. An ethical citizen is expected to behave

habitually in a manner that contributes to the public

welfare. An ethical code is adopted by an organization

in an attempt to assist those in the organization

called upon to make a decision (usually most, if not

all) understand the difference between ‘right’ and

‘wrong’ and to apply this understanding to their

decision. The ethical code therefore generally implies

documents at three levels: Code of ethics, code of

conduct, and code of practice. A code of ethics often

focuses on social issues. It may set out general

principles about an organization’s beliefs on matters

such as mission, quality, privacy or the environment.

It may delineate proper procedures to determine whether

a violation of the code of ethics has occurred and that

remedies are exposed. The effectiveness of such code of

ethics depends on the extent to which management

supports them with sanctions and rewards. Violations of

a private organization’s code of ethics usually can

subject the violator to the organization’s remedies

such as restraint of trade based on moral principles. A

code of conduct is a document designed to influence the

behavior of employees. Procedures are set out to be

used in specific ethical situations, such as conflicts

of interest or the acceptance of gifts and delineate

the procedures to determine whether a violation of the

code of ethics occur and that remedies are imposed. The

effectiveness of such codes of ethics depends on the

extent to which management supports them with sanctions

and rewards. Violations of a code of conduct may

subject the violator to the organization’s remedies

which can result in the termination of employment. A

code of practice is adopted by a governmental or non-

governmental organization to regulate that profession.

A code of practice may be styled as a code professional

responsibility, which will discuss difficult issues,

difficult decisions that will provide a clear account

of what behavior is considered “ethical” or “correct”

or “right” in the circumstances. In a membership

context, failure to comply with a code of practice can

result in expulsion from the professional organization.

Commitment to Public Interest

Public officials and employees shall always uphold

the public interest over and above personal interest.

All government resources and powers of their respective

offices must be employed and use efficiently,

affectivity, honestly and economically, particularly to

avoid wastage in public funds and revenues (RA 6713:

1989).
 The imperious official who does not listen to the

views of citizens’ representations, much less pay some

attention to them, who takes all importuning by

politicians as efforts to corrupt, who cannot imagine

genuine public interest in what he does, who feels no

sense of duty to undertake to urge changes in practice

where justice or short coming are evident, does not fit

the pattern for the modern local government

administration scene.

A normative concept of the public interest assumes

that there is common good that is different than the

aggregate of private benefit and, as usually expressed,

that community as a whole, even if it is against the

interest of some of the individuals kin the community

(Boozeman, 2007: 89).

The consensualist view of public interest

emphasizes interest broader than individual or special

interest but not requiring an invariant or universal

public interest. One common feature of consensualist

view is an emphasis on the role of democracy and

elections in framing the public interest (Boozeman,

2007: 89).

The process theories of the public interest come

in three variants: 1) an aggregative conception, in

which the public interest is the sum of individual

interest; 2) a view of public interest reconciliation

and fair procedures. To some extent cannot accept the

normative view of the public interest but are not ready

to altogether abandon the concept. Scholars professing

this view, “find many ‘publics’ rather than one held bt

the community (Boozeman, 2007: 89).

The public interest refers to the “common well-

being” or “general welfare.” The public interest is

central to policy debates, politics, democracy and the

nature of government. While nearly everyone claims that

aiding the well-being or general welfare is positive,

there is little, consensus on what exactly constitutes

the public interest.

There are different views on how many members of

the public must benefit from an action before it can be

declared to in the public interest: at one extreme, an

action has to benefit every single member of society in

order to be truly in the public interest; at the other

extreme, any action can be in the public interest as

long as it benefits some of the population and harms

none.

To be in the public interest a leader must have

the potential to adversely affect ant person at any

time in their life in ant situation if a core matter is

not put into the public arena or handled in a more

reasonable way when a problem clearly become evident as

symptomatic of an underlying unreasonableness.

It is possible for acts in the interest to be bad

for given individuals and vice versa. This definition

allows one to “hold constant” private interest in order

to determine those interests that are unique to the

public.

Professionalism

Public officials and employees shall perform and

discharge their duties with the highest degree of

excellence, professionalism, intelligence and skill.

They shall enter public service with utmost devotion

and dedication to duty. They shall endeavor to

discourage wrong perceptions of their roles as

dispensers of undue patronage. (RA 6713 1989).

Legislative body is independent of performance,

risk of power. Its objective function and oath is

grounded in the responsibility for performance. It is

professionalism if legislation is a function, a

discipline, a task to be done; and legislative body

members are the professionals who practice or perform

this discipline, carry out the functions and discharge

these tasks.

Professionalism is basically, the knowledge that

an individual carries about a certain field. At work,

professionalism refers to a person doing his job with

sincerity, and maintaining professional etiquette and

professional ethics in the workplace.

There are several importance of professionalism

especially in the workplace. Foremost, professionalism

in the workplace is important to ensure good

performance by all. If everyone is professional

everyone will do the best they can at their job, it is

required to ensure a good team spirit. If people work

professionally, they will know how to value their

organizational goals, along with their personal ones.

Similarly, professionalism is required to keep all

the employees motivated. Happy employees are positive e

brand ambassadors for the organization. Keeping the

employees motivated is important to keep a good

reputation in the office. It is also important to

ensure justice to everyone’s efforts. In a professional

environment, a person’s quality of work is taken into

consideration. This phenomenon does justice and

appreciates the efforts of the employees.

 Justness and Sincerity

Public officials and employees shall remain true

to the people at all times. They must act with justness

and sincerity and shall not discriminate against

anyone, especially the poor and the underprivileged.

They shall at all times respect the rights of others,

and shall refrain from doing acts contrary to law, good

morals, good customs, public, policy, public order,

public safety and public interests. They shall not

dispense or extend undue favors on account of their

office to their relatives whether by consanguinity or

affinity except with respect to appointments of such

relatives to positions considered strictly confidential

or as members of their professional staff whose terms

are coterminous with theirs (RA 6713: 1989).

Justice is concept of moral rightness based on

ethics, rationality, law, natural law, religion,

fairness, or equity, along with the punishment of the

breach of said ethics (Konow, 2003: 1188).

Plato uses Socrates to argue for justice that

covers both the just person and the just City States.

Justice is a proper, harmonious relationship between

the warring parts of the person or city. Hence, justice

is having and doing on what is one’s own. A just man is

a man in just the right place, doing his best and

giving thee applies both at the individual level and at

the universal level.

John Rawls used a social contract argument to show

that justice, and especially distributive justice, is a

form of fairness: “an impartial distribution of goods.”

(Rawls, 1999: 266).

Freedom of expressions

Public servants have the same rights of political

expression outside the workplace as ordinary members of

the public.

Outside of work will usually include when on lunch

and other breaks and for those with flexible working

arrangement, at times when they are able to choose to

be absent from work.

Public servants, like any other employees, should not

act in a way that would bring their employers into

disputes.

Freedom of association

As a consequence of the statutory right of public

servants to join and be active in organizations

(including trade unions) and as members of trade and

unions, it is likely that there will sometimes be,

within fairly narrowly defined limits, an expression of

political views inside the workplace.

Public servants have the same rights of

association as other remembers of the public. Political

expression and participation must be undertaken in the

individual’s own time.

To the extent that union activity leads to

political expression within the workplace, this should

be carried out at times and in places dedicated for

union activity. In no case should such activities be

visible to the general public.

Balancing rights and political neutrality. At all

times there must be a proper balance between respect

for public servants’ freedom and association, and the

public interest in having politically neutral and

effective public services.

The rights of political expression and association

must be against the well-stablished convention that

senior public servants who have regular direct contact

with Ministers ought not to publicly express any view

either for or against the policies of the government of

the day. This may mean for staff actively engaged in

providing advice to managers on particular issue, that

it is not appropriate in public protest and political

activity centered on that issue.

Managers are unlikely to be troubled by such thing

as the participation of Public servants in the kind of

expression (including reasonable protest activity) that

is normal in democracy. The expression of political

views by individual state servants does not in itself

undermine the ability of their agencies to continue to

provide free, frank and political advice and support to

Ministers.

Political rights

For most public servants, participation in party

politics is not likely to affect the confidence that

the government has in state servants and is not likely

to undermine their ability to work with future

governments. However, public servants must ensure that

they do not confuse their political rights with their

employment responsibilities.

Management of issues

Public servants should feel free to discuss any

concerns they have with their managers, but of course

are not required to do so. To avoid misconceptions or

misunderstanding, staff might choose to advice their

managers when they are engaging in an activity that

could be construed as conflicting with their

obligations of political neutrality

Responsiveness to the public

Public officials and employees shall extend

prompt, courteous, and adequate service to the public.

Unless otherwise provided by law or when required by

the public interest, public officials and employees

shall provide information of their policies and

procedures in clear and understandable language,

ensures openness of information, public consultation

and hearings whenever appropriate, encourage

suggestions simplify and systemize policy, rules and

procedures, avoid red tape and develop an understanding

and appreciation of the socio-economic conditions

prevailing in the country, especially in the depressed

rural and urban areas (RA 6713 1989).

Responsiveness and accountability to the public is

an even obligation of local officials at all levels, as

agents of public purpose, to serve, to conform, with

the collective will, to avoid taking unwarranted power

into their own hands, and to make certain that public

objectives are not scuttled by insolence, intolerance

and inaction. (USAUD 2002:45)

 It is claimed that training and career advancement

procedures, a legislative personnel system can also

have a profound impact on attitudes, responsiveness and

cultivation of proper relationships between public

employees and public representatives.

A prominent theme in the literature of public

administration is responsiveness: the effort that is

made by a government agency to provide helpful,

expeditious service to the public.

The agency can empower its employees to resolve

problems on the spot, rather than bouncing the client

from one office to another, and then encourage its

employees to use that authority instead of the “Hold

on, I’ll transfer you” pass-the-buck maneuver for which

the bureaucracy is infamous. “Successful public

organizations must have a can do attitude.” It is when

as many employees as possible display a share of that

can-do attitude (Friedman, 2009.)

Another aspect of responsiveness involves an

effort that every citizens has access to government

services. That means that government managers and

employees must be dedicated to the principles of

nondiscrimination and the related policies of equal

employment opportunity and affirmative action.

 Nationalism and Patriotism

Public official and employees shall at all times

be loyal to the public and to the Filipino people,

promote the use of locally produced goods, resources

and technology and encourage appreciation and pride of

country and people. They shall endeavor to maintain and

defend Philippine sovereignty against foreign intrusion

(RA 6713, 1989).

Nationalism involves a strong identification of a

group individuals with a political entity defined in

national terms, i.e. a nation. Often it is the belief

that an ethic group has a right to statehood, or that

citizenship in a state should be limited to one ethnic

group, or that multi-nationality in a single state

should necessary comprise the right to express and

exercise national identity even by minority.

Legislative Performance

Title IX – other provisions Applicable to local

Government Units, Section 125 – Limitations upon

Sanggunians of the Local Government Code stipulates

that “Any proposition or ordinance approve d through

the system of initiative and referendum as herein

provided shall not be repealed, modified, or amended by

the sanggunian concerned within six (6) months from the

date of the approval thereof, and may be mended,

modified or repealed by the sanggunian within three (3)

years thereafter by a vote of three-fourths (3/4) of

all the members; provided that in case of barangays,

the period shall be 18 months after approval thereof”.

Legislative performance can be measured through

the key project outputs called Legislative Performance

Appraisal Form (LLPAF), which is a self-assessment tool

can be used as a starting point for benchmarking among

local legislative bodies, as it defines specific areas

in which the performance of local legislative bodies

can be measured.

Poverty Reduction

Poverty reduction is essential about reducing then

number of persons living in poverty. Persons living in

poverty are those that are unable to meet their basic

needs to attain a decent life. They are persons

deprived of a long and healthy life, of acquisition of

knowledge and of access to resources for a decent

standard of living (UNDP, 1997.)

Local legislation can reduce poverty if it

improves the ability of citizens to purchase goods and

services, to produce these goods and services or avail

them from government or nongovernmental organization.

By improving this ability, citizens are enabled to have

along and healthy life and to gain knowledge, access

and opportunities to resources for a decent standard of

living. More specially, local legislation can address

poverty by enacting ordinances that authorize targeted

programs addressing issues relating to: 1) limited

access to basic social services such as basic

education, primarily health, nutrition, water and

sanitation and shelter, and 2) low income and

employment.

Gender Equality

Gender equality, as a key to development, means

the equal empowerment and participation of woman, men

and other subgroups of society, i.e. homosexuals, in

all spheres of public and private life: political,

economic, social, and cultural. It means giving woman,

men and other discriminated subgroups in society equal

rights and the same opportunities to participate fully

in the development of their communities and societies

and to achieve self-fulfillment (DILG).

Environmental Protection

Development can be sustained if the resources in

our environment are managed well so that future

generations can also benefit from them. Local

legislation plays a key role in environmental

protection as it lays the legal and policy framework

for the management and protection of environmental

resources through policies, plans and programs on land

use, forest resources, solid waste, management, water

management, marine resource management, and community

participation in protecting the environment, among

others. Existing national mandates such as the

Philippine Agenda 21, the country’s blueprint for

sustainable development, are best pursued by issuing

parallel local policies and ordinances and supporting

plans and programs, consistent with LGUs’ mandate to

enhance the right of the people to balanced ecology.

Peace and Unity

The presence of violent conflict interferes with

the way local government is able to “function” and

deliver basic services to its citizens. It is

imperative for local government to be able to build and

support the ability of people and organizations to

pursue and enjoy peace.

Legislation plays a critical role in the pursuit

of peace and unity. It creates the necessary rules to

guide government agencies in delivering basic services

and in promoting community participation to ensure that

all citizens have access to these services. Viewed this

way, local legislation promotes peace when people in

the LGU feel safe and secure in their communities,

without fear of having their access to and rights to

adequate water, food, shelter and housing threatened,

and when there is respect for difference and diversity

and cultures promoted.

Accountability and Transparency

Legislators hold public office, and as public

officers must 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.

Local legislation promotes accountability and

transparency among LGU officials if it results in

government services that are responsive to citizens’

needs; if it provides mechanisms for citizens to make

their local officials answerable for their actions on

non-action to problems; and if it provides mechanisms

for citizens to feedback to local officials about the

effectiveness of government services.

Local legislations also promotes accountability

and transparency if local government policies and

programs authorized or created through legislation use

public resources efficiently. This means control of

public resources is not abused and public funds are not

wasted due to graft and corruption or inefficient

implementation of programs.

Citizen Participation

Legislation is about promoting the well-being of

citizens. But it is the collective action of citizens

that can secure well-being. Legislation should thus

involve the participation of citizens, citizens’

groups, nongovernmental organizations, peoples’

organizations, business groups or what is collectively

called civil society, in all its stages. Local

legislative bodies must be able to engage civil society

proactively to ensure that their legislative actions

result in meaningful development. By involving civil

society in legislation, broader ownership is built,

which is essential in securing the needed support for

successful implementation or enforcement of local laws.

Powers, Duties, and Functions of a Sangguniang

Bayan

Section 447 of the LGC defines the powers and

functions of the Sangguniang Bayan (Republic Act No.

7160, 1991).
 (1) Approve ordinances and pass resolutions

necessary for an efficient and effective municipal

government.

(2) Generate and maximize the use of resources and

revenues for the development plans, program objectives

and priorities of the municipality as provided for

under Section 18 of the LGU with particular attention

to agro-industrial development and countryside growth

and progress.

(3) Subject to the provisions of BOOK II of the

LGC, grant franchises, enact or licenses, or enact

ordinances levying taxes, fees and charges upon such

conditions and for such purposes intended to promote

the general welfare of the inhabitants of the

municipality.

(4) Regulate activities relative to the use of

land, buildings and structures within the municipality

in order to promote the general welfare.

(5) Approve ordinances which shall ensure the

efficient and effective delivery of the basic services

and facilities as provided for under Sec. 17 of the

LGC.
 (6) Exercise such other powers and perform such

other duties and functions as may be prescribed by law

or ordinance.

Mechanisms for Legislative Participation

It is the responsibility of the sanggunian to make

citizens aware of the mechanisms and venues which

allows them to participate in legislative decision-

making (Local legislators’ Toolkit, 2004). These

includes:

1. Committee Meetings

Unless declared as closed-door executive meetings,

committee meetings are generally open to the public.

They can be maximized by establishing links with

concerned sectors and involving them in committee

deliberations on a regular basis.

2. Committee Hearings

Committee hearings are also called public hearings

because their purpose is to consult stakeholders and

experts in the LGU on proposed ordinances or on matters

relevant legislation. These legislative matters should

not be limited to consideration of tax measures but

include all other measures that may affect the LGU. The

process can be further maximized by the sanggunian by

giving the concerned sector or stakeholders’ timely

information and advice prior to the holding of

committee hearings, e.g. committee hearing schedule,

agenda and advice to prepare presentation materials or

position papers.

3. LA Formulation

Public consultations and workshop designed to build

sipport for the Legislative Agenda are effective means

of getting citizens aware of the sanggunian’s vision

and sincerity to its work.

4. Budget Hearings

Citizens’ interest in the budget process can be

encouraged by inviting the concerned sectors and public

to local budget hearings. This process takes off from

ensuring that the local development council, being the

mandated planning structure, comes up with a

recommended set of priority programs and projects to be

considered for inclusion in the budget. Local budget

hearings serve to validate or ensure the consistency of

the LGU’s budget with local plans articulated in terms

of programs and projects.

5. Accreditations

While accreditation of NGOs is not a requirement for

participation in legislatives activities, accreditation

is a good opportunity for the sanggunian to “know who

does what” in the NGO community. This will make it

easier for the sanggunian to identify groups they can

tap for their expertise in research, writing, or simply

for information. This mechanism can be further improved

by adopting rules and procedures to encourage CSOs to

get accreditation and to provide for a system of

continuing accreditation of CSO. However, the lack of

accreditation should not be an obstacle for the

sanggunian to tap CSOs from participating in sanggunian

activities.

Related Studies

According to study of Bohr (2013) entitled “Public

Service Ethics and Constitutional Practice” wrote a

public policy paper, encourages civil servants to

reflect on specific constitutional principles and

events and learn to apply them to the decisions they

make. The study stressed that ethical practice, as

independent variable demands an immersion in the

specifics of our constitutional tradition, the

dependent variable, and advocated in attaining a

greater sense of those constitutional principles that

can be translated into action. Along the way, the study

considered such timely issues as financial disclosure,

the proper treatment of civil servants and enhances of

civil servants caught between executive and legislative

forces. The data from survey questionnaire,

demonstrated that responsible use of administrative

discretion is the key issue for career civil servants.

Furthermore, this study endeavored to remind public

servants of the nobility of their calling, reinforce

their role in articulating public interests against the

excesses of private concerns, and encourage managers to

make greater use of constitutional language to describe

their everyday activities.

Similarly, according to study of Periera (2012)

entitled “Public Service Ethics and Constitutional

Practice” wrote the colloquium on “Higher civil service

ethics” brought about the idea that public officials

are part of the elite. The variables of this study are

adopted such corruption of professional ethics has two

origins: personal and political. Negative personal

traits such as dishonesty, laziness, etc. are in the

first category while pursuing corporate interests and

nepotism are examples of the second. Accordingly, from

the questionnaire of this study, these forms of

corruption of the public functions are prevalent in

contemporary states, but they are compensated by the

personal virtue of a large number of officials. The

study further concluded that civil servants understand

that they are political agents, that they have a direct

responsibility to their nation. The Philippine

government is facing a deep-rooted problem the cause of

which is moral nature. As cited by Peṅaranda, Shahani

contended that the sickness affecting the country is

moral in nature. At the bottom of economic problems and

political instability is the weakness and corruption of

the moral foundation of our society we do need an

economic recovery program. We also urgently need a

moral, intellectual and spiritual recovery program.

Synthesis

The foreign and local studies herein discussed are

both related in a way that it deals on ethical

standards of public officials. The members of the

Philippine National Police are considered as public

officials. Therefore, they are expected to behave

conformed to the professional conduct and ethical

standards. The present study has similarities and

dissimilarities as far as the professional conduct and

ethical standards are concerns. However, it will only

delimit to level of adherence of the PNP members of

Cabagan, Isabela on the code of ethics.