SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
Maribel D. Caren, AB PS 3
Misamis University
October 22, 2012
Abstract
Being neutral is in the middle, no sides are favored, nor sides despised. But in Philippine bureaucracy, the
roots of spoils system exist unconsciously. Isn’t it the assassin of political neutrality? Political neutrality
between bureaucrats and politicians seems to be an ideal concept that is too far to seek for. The factors of
the spoils system include nepotism; patronage; partisanship and corruption contribute in assassinating the
political neutrality in the Philippine bureaucracy that likely threatens the healthy democracy . In this study,
the essence of political neutrality is being tainted by the factors of the spoils system in the Philippine
bureaucracy.
Introduction
Spoils system is a strange term to some people except to those public officials,
political candidates, political scientists and scholars. Like the ordinary people, some did
not know about this. They merely applied or engaged this system but they are not aware
of what the exact term for this. The term would be spoils system—or “to the victor of
spoils”. “To the victor of the spoils” means, if you are loyal to a political candidate, reward
may await you on the victorious day. But in this matter, spoils system is invalid kind of
recruiting employees either eligible or non-eligible especially in the positions in the public
or in the Philippine bureaucracy. What would be the perspective of the Filipinos in the
Philippine bureaucracy? Who made the term “spoils system”?
Are civil servants in the Philippine bureaucracy neutral or political? Could the
merit principle, a solution or reform to alleviate the traditional practice of spoils system in
the Philippines? Could the political neutrality preserved in the Philippine bureaucracy?
Appointment and recruiting on the based on partisanship is null and as well as
nepotism and patronage. They are traditional tactics of public servants that until now, are
being applied. In relation to that, spoils system by means of nepotism, patronage and
SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
partisanship are the roots that would lead to graft and corruption of the funds owned by
the masses.
Nepotism, patronage, partisanship and the culture of corruption are some of the
factors that decline the political neutrality in the Philippine bureaucracy. However, I will
cite cases regarding nepotism and appointments of ineligible officials in the public office.
I include Aquino administration in the Philippine bureaucracy, Erap’s presidential
appointment under the executive bureaucracy during his administration and as well as
former
President
Gloria
Macapagal-Arroyo’s
administration
in
the
Philippine
bureaucracy.
PERSPECTIVE OF PHILIPPINE BUREAUCRACY
The Weberian concept of bureaucracy is being adapted in the Philippines.
Bureaucracy for Weber is an ideal c organization for government with a structured
hierarchy of offices and competent and professional staff vested with authority to
undertake defined tasks guided by the set of rules and procedures (Rebullida &
Serrano).
In contrast, according to Peter Blau as cited by Leveriza (1990), bureaucracy in
the Philippines has become an epithet which refers to inefficiency and red tape in the
government; but this was not the meaning and it is not the term to be used.
Instead, Bureaucracy should be ruled by officials; the administrative machinery of
the state. Bureaucrats may or may not be subject to political control. It means that civil
servants must and always be neutral and have no party affiliation.
However, the Philippine bureaucrats have traditional values in the Philippine
setting such as the strong kinship ties or the family system. Blood and ritual kinship ties
and patron-client relations involve almost all Filipinos in a network of reciprocal
SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
obligations (Cariño, 1992). This value is present in the Philippine tradition and later
applied especially the patron-client relations or in my interpretation, the patron who is the
politician and the client is the people who turned into a public servant because of the
presence of spoils system.
ORIGIN OF SPOILS SYSTEM
Andrew Jackson was the seventh president of U.S.A. He viewed government as
more responsive if it were administered by common men of good sense. Jackson
believed that top administrators should remain in office for short period so that there
would be a steady influx of fresh ideas. Jackson called it as patronage system 1 which
was publicly popular in America, but some critics view it as spoils system. Spoils system
is a device of placing political cronies in government office as a reward for partisan
service (Harrigan, 1996). It was in the United States that we adapted the term spoils
system or the patronage system.
FACTORS OF SPOILS SYSTEM: AN ASSASIN OF POLITICAL NEUTRALITY
Spoils system in the Philippine bureaucracy can be an assassin of political
neutrality. The following factors are the ingredient that spoils system existed in the
Philippines. The Merit-based principle in the Philippine bureaucracy by principle existed,
but behind it, the shadows of spoils system operates.
Nepotism
1
Patronage system is an approach to managing the bureaucracy whereby people are appointed to
government positions as a reward for political services they have rendered and because of their partisan
loyalty (Harrigan, 1996).
SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
First, nepotism is the prohibited appointment under civil service rules made in
favor of a relative within the third civil degree of consanguinity or affinity by the
recommending authority. In the law on public officers, this refers to the appointments of
officers made in favor of a relative2 of the appointing or recommending authority, the
chief bureau or office or the persons exercising immediate supervision over the
appointee such appointments generally prohibited (Khan Jr.,2007).
Nepotism is a grave offense punishable with dismissal; from service, even as a
first offense. It is also a crime pursuant to Sec. II of the Code of Conduct and Ethical
Standards for Public Officers and Employees. And an appointing or recommending
official who falsely denied that he is not related to the appointee within third degree may
likewise be held liable for falsification (Agpalo, 2005).
In Laurel vs. Civil Service Commission3, a case against nepotism, the petitioner
designated his brother as acting Provincial Administrator. A citizen questioned the
designation of the ground that section 49 of the Civil Service Decree prohibits the
appointments of relatives within the third degree of consanguinity or affinity. Petitioner
argued that the prohibition is inapplicable, the position of Provincial Administrator is
confidential and does not apply to designation and that a mere citizen cannot question
the designation. And the Supreme Court held the position for provincial administrator is
not confidential and is embraced within the career service. To qualify for it, one must
have a bachelor’s degree and six years of professional experience. Appointment to the
position is subject to the rule on nepotism. Designation should be included in
appointment because it accomplishes the same purpose under Civil Service Decree, in
which any citizen may complain against a government official (Jimenez, 1996).
2
The word relative extends to kinship up to the third degree of consanguinity or affinity (Khan Jr., 2007).
3
Laurel vs. Civil Service Commission, 203 SCRA 195
SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
Furthermore, designation is different from appointment. Appointment may be
defined as the selection, by authority vested with power of an individual who is to
exercise the functions of a given office. When completes as when it requires
confirmation, the appointment results in security of tenure for the person chosen, unless
he is replaced at pleasure because of the nature of his office. Meanwhile, designation
merely the imposition by law of additional duties on an incumbent official, as were under
the Constitution’s three justices of the Supreme Court are designated by the Chief justice
to sit in the electoral tribunal of either Senate or the House. 4
However, there are exceptions on nepotism; the restriction of appointing or
recommending relative up to the third civil degree either affinity or consanguinity in the
national, provincial and municipal government or any branch of government including
government owned and controlled corporations are prohibited except the teachers,
physicians, persons employed in a confidential items and members of the Armed Forces
of the Philippines, provided that the full report of such appointment shall be made to the
Commission concerned (Lazo, 2009).
Patronage
Second, patronage is de-motivated when it occurs during recruitment wherein the
chances for entry can be denied a competent person who does not have any “padrino” to
put in a good word for him. Recruitment to government service in policy is based through
merit and competence but in practice patronage is necessary ingredient (Varela, 2000).
Under Joseph Ejercito Estrada’s administration, he appointed 60 people to such
positions in just five months in presidency. It was labeled as laughable like an invitation
4
Binamera vs Garrucho, Jr. 188 SCRA 154, July 30, 1990
SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
of a wedding party as viewed by Coronel (2000). One of the appointees is the former
race car champion Robert Aventajado. He was a long time and influential Erap aide and
made him as presidential adviser on economic affairs and head of presidential
committee on flagship programs and project.
Like in U.S., the practice of patronage was manifested in the Philippines as a
reward to family members, loyal followers and generous contributors. It likely figured out
that political neutrality gone and twisted out because of the traditional way of recruiting
civil servants. It is through spoils system, patronage emerged and political neutrality
departs.
Political Partisanship
Third, partisanship is political bias: they may support one party which they portray
that they could help you at the end of the election. If you are a member of a certain party
there’s a possibility that you will be included on what we call the spoils system. If your
candidate wins, you could acquire the benefit in terms of holding an office in the public
office.
The Constitution provides that “no officer or employee in the civil service shall
engage directly or indirectly in any electioneering or partisan political activity.”
There was a certain case that civil service employees engage in partisan political
campaign. Trinidad vs. Valle,5 the complainant filed a charge against respondent, a
judge, for delivering a speech at a political meeting in support of a particular candidate.
This constitutes illegally engaging in partisan political activity.
In People vs. de Venecia 6, the phrase “partisan political activity” was defined as
including every form of solicitation of the elector’s vote in favor of any specific or named
5 Trinidad vs. Valle 105 SCRA 606
6
People vs. de Venecia 14 SCRA 864, July 31, 1965
SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
candidate. The purpose of the injunction or the restriction is to produce a corps of public
servants who will marshal all their efforts and potentialities towards serving the people
who are the ultimate matter of the community an preclude or prevent the incidence of the
ill-will of the victors or the people in case they might have sided themselves with the
losing candidate (Aguirre, Jr., 1997).
Graft and Corruption
Fourth, corruption is the abuse of public power for private gain. Rose Ackerman
(1998) givers definition that is suited with bribes: an illegal payment to public agent to
obtain a benefit that may or may not be deserved in the absence of payoffs. Thus,
corruption is a culture of Filipinos that cannot easily eradicate. The main point of
corruption is the government and as invariably involving the public officials. Bribes may
serve an incentive to the bureaucrats or to the civil servants which is the same as the
saying that they form part of the implicit wages of the public (de Dios and Femer, 2001).
There is legal provision on bribery as stipulated in Article 210 in the Revised
Penal Code; any public officers who shall agree to perform an act constituting crime, in
consideration of any offer, promise, gift, or personally or through the mediation of
another, shall suffer the penalty of prision mayor in its maximum and medium periods
and a fine of not less than three times the value of the gift, in addition to the penalty
corresponding to the crime agreed upon, if the same shall have been committed.7
Furthermore, the law did not lack the provisions regarding the sanctions to be
imposed if there are negligence, fraud and disobedience on the part of public officials.
7 Regalado, Anita S. 2004. The Revised Penal Code Act No. 3815. As Amended wit Allied Statutes and
Issuances
SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
The reasons for the existence of graft and corruption vary. Some references views
that graft and corruption because of the low salaries in the agency and high cost of
running on the election period. And it is their strategy in order to acquire back the
expenses incurred in the campaign period.
In the next section, it contains the following presidents: Aquino and Arroyo on how
the Philippine bureaucracy became bloated through the use of spoils system.
Bloated bureaucracy
Patricia Sto. Tomas (1998), former chairperson of the Civil Service Commission
(CSC), the so-called “de-Marcosification” during the Aquino administration did not bode
well for members of the civil service because “it was selective and arbitrary”. The period
1986-1987 were the most turbulent years for the Philippine bureaucracy and in the purge
that followed scores of career personnel were fired, while the technocrats, politicians and
other high ranking officers who managed to switch sides and abandon the dictatorship at
the last moment were retained.8 This led to great disaffection with the Aquino
administration because the reorganization was seen as an excuse to practice patronage
politics. Positions were granted to people according to their (new) political loyalties as
the practice of the “spoils system” became rampant. As a result, the bureaucracy during
Aquino’s regime became very top-heavy9 with some departments (e.g. Agriculture,
Agrarian Reform and Environment and Natural Resources) having as many as five
undersecretaries and eight assistant secretaries 10(Quimpo, 2009).
A 2008 CSC study revealed that Arroyo appointed an excess of 81
undersecretaries and assistant secretaries plus 53 presidential advisers and presidential
assistants, and unknown number of consultants. The office of the President itself had the
8
Sto. Tomas: 1998
Ibid.
10 ARMDEV: 1998
9
SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
biggest number of excess hires: 31 undersecretaries and assistant secretaries.11
Constantino-David estimates that 56 percent of government managers do not have civil
service eligibility. Arroyo’s unqualified appointees have not only led to a bloated
democracy but have caused demoralization among the rank-and-file and the
politicization of the bureaucracy 12(Quimpo, 2010).
Both Presidents exercised their power of appointments but in the overt sense they
monopolize the process and certain excess or restriction that lead to the aspiring civil
servants not to hold office because of the presence of spoils system. It is bloated or
ballooned with bureaucrats that would lead to inefficiency and more accountability.
of meritocracy in the civil service, especially at higher levels, has lowered civil service morale and
capability. Political influence and the spoils system still hold sway in appointments to senior and other
career positions. Open selection for career executive positions continues to be eroded by political
influence. This is exacerbated by the fact that the President appoints no less than 11,000 personnel
comprising 3,000 constitu-tional positions, 6,000 CES positions, 1,650 prosecutors, and 500 other
2
positions created by special laws. As a result, the Philippines has the greatest depth of political appointments, going all the way down from secre-tary, undersecretary and assistant secretary to bureau directors,
regional directors and
2
Judicial interpretations have also perpetuated the discretionary nature of the power of appointment by defining
appointment as a “political question involving considerations of wisdom which only the appointing authority can
decide.”
3
11
12
Lorenzo and Mangahas,2008
Valderama, 2008
SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
service directors. In contrast, most East Asian countries make such appointments only to the top two tiers.
At present there are numerous positions of confidence, while the practice of offering ‘courtesy
resignations’ with changes of administration creates the potential for high turnover of senior officials.
Addressing political economy challenges
BUREAUCRATS ROLE IN PUBLIC OFFICE
Bureaucrats are not elected by the people, they serve yet use significant
independent power, and bureaucrat’s accountability is a major issue. The major checks
on bureaucracy are provided by the president, Congress and the courts.
Public office is a public trust as provision of Article IX Sec 11 of the 1987
Constitution (de Leon, 2008). Both politician and public officials or employee are
accountable to the masses. Public office is not a vested right, it cannot be inherited and
it is a public trust (Lazo, 2009). A public office is defined as the right authority and duty
created and conferred by law, by which for a given period, ether fixed by law or
enduring at the pleasure of the appointing power, an individual is invested with some
portion of the sovereign functions of the government, to be exercised by him for the
benefit of the public (Agaton, et. al, 2009).
Are Civil Servants Neutral or Political?
Civil servants in the Philippine bureaucracy are influenced with the political world.
Civil servants could be neutral, if they don’t violate the Code of Conduct and Ethical
Standards for Public Officials and Employees in the Philippines. On the other side of the
coin, some civil servants could be political, if and only if they adhere to the motive of
politicians’ personal interests.
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SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
Merit & Fitness Principle
The civil service in the Philippines was first established in 1900 by Act No. 5 of
the Philippine Commission entitled “An Act for the Establishment and of an Efficient and
Honest Civil Service in the Philippine Island. It provided a basis for a merit-based civil
service system mandating the appointment and promotion to government positions
according to merit and through competitive examinations as far as practicable. The
requisites of a civil service system are merit system and security of tenure; and political
neutrality (de Leon, 2008).
There is a legal provision in terms of recruitment of the civil servants to be
deployed in the departments or offices. To be a qualified public servant, one must
undergo certain examination to test the proficiency of an applicant.
The 1987 Administrative Code reads that opportunity for government
employment shall be open to all qualified citizens and positive efforts shall be exerted to
attract the best qualified to enter the service. Employees shall be selected on the basis
of fitness to perform the duties and assume the responsibilities of the positions. All
appointments in the career service shall be made only according to merit and fitness, to
be determined as far as practicable by competitive examinations. A non-eligible shall
not be appointed to any position in the civil service whenever there is a civil service
eligible actually available for and ready to accept appointment.13
13
Source: Executive Order No. 292 July 25, 1987
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SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
It is very clear in the law that non-eligible citizens are not qualified to be
appointed and the spoils system would not be applicable in recruiting citizens. And there
would be an action against to those highly ranked officials whom did not follow the
process of recruiting employees in the public office.
Merit system is on the process of recruiting civil servants but at some point of
time, politicians especially during elections tend to pledge or promised to his or her
supporters. If he could win for office, a lot of appointments and positions are reserved to
loyal voters. It is called –spoils system. And it tantamount to the violation of the civil
service provision which is to avoid nepotism, patronage, political partisanship and graft
and corruption, instead to preserve political neutrality.
CIVIL SERVICE REFORM
All these factors will simply eradicate, if civil servants will follow the ethical code
and standards in public office. In order for the civil servants to be effective to the public,
they should have this “Mamamayan Muna, Hindi Mamaya Na”; in order for the people’s
plea will be served. It was launched in 1994, the program was designed to minimize if
not totally eradicate discourtesy, arrogance and inefficiency in the government. It was
meant to be a nationwide client-satisfaction program aimed at instilling courteous and
efficient behavior among civil servants.14
Conclusion
Spoils system will not simply eradicate in the Philippine bureaucracy. Who would
be that person who will appoint personnel that are not in line with your platform or policy
14
Ms. Corazon Alma G. de Leon, Former Chairman Philippine Civil Service Commission (1995-2001)
12
SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
in your administration? We can’t deny the fact that spoils system assassinate the
political neutrality. As I had mentioned in this paper, I revealed cases regarding
nepotism and political partisanship. Also, I had mentioned events from the past
administration in the Philippine bureaucracy such as the appointments of Erap’s allies;
the uniformed appointments of bureaucrats made by the late President Cory Aquino;
and the bloated bureaucracy in Aquino’s administration.
Political neutrality is difficult to preserve. I perceived that the Philippine
bureaucracy is tainted with political matters. And it’s too hard or it will have a long
process to unravel the relationship of the politician and the bureaucrats. The Philippine
bureaucracy should have to be regulated in the sense that there would be good
governance and efficient implementation of the policies in the government.
Thus, political neutrality would not be vanished, if the civil servants binds
themselves to stick on their principle and whatever anomalies they will have to stand for
the just and preservation of being neutral. The root of spoils system is still emerged
behind the new system of merit and fitness principle. For I believe that nepotism,
patronage, political partisanship and graft and corruption are part of the tradition in the
Philippine bureaucracy.
Recommendation
These following recommendations are referred to some researchers. First is to:
reinforce the oversight function of the Congress to ensure that laws are effectively
13
SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
implemented by the Executive Branch. This will better provide legislators with the tools
to prevent corruption and inefficiency that can hamper the provision of basic services.
Second, the merit principle must be implemented at the right time. The civil servants
must bear in mind the consequences if they violated some of the rules in public office.
There must a regulation of the appointments made by the President so that it will not be
bloated bureaucracy. And the problem of the low salary or compensation that leads to
some bureaucrats engage in bribery must be given counter action to that problem.
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14
SPOILS SYSTEM IN PHILIPPINE BUREAUCRACY: THE ASSASSIN OF POLITICAL
NEUTRALITY
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Web Link
http://unpan1.un.org/intradoc/groups/public/documents/un/unpan007437.pdf
Date retrieved: September 22, 2012
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