DPWH Reforms
Anti-Corruption Program
Generally, it is accepted that one of the weak factors in ensuring the effectiveness of DPWH infrastructure developmental projects is corruption which comes in various forms. The areas perceived to be prone to corruption are the procurement of civil works, consultancy services and goods and materials, quality of infrastructure projects, project implementation, and organizational structure. Having identified the most pressing problems in the agency where actual instances of corruption arise, the need to undertake the most applicable and appropriate steps to address corruption and to institutionalize reforms must be initiated.
1. What anti-corruption initiatives have we done in the past and are still doing?
2. What were the problems addressed by these initiatives. To what extent have these initiatives addressed the problem?
3. Why were the initiatives successful/unsuccessful?
4. How can we be more effective in fighting corruption?
1. What anti-corruption initiatives have we done in the past and are still doing?
In response to the felt need of addressing the organizational problems, the DPWH had developed the following initiatives on the identified areas which were perceived to be prone to graft and corruption.
1.0 Procurement of Civil Works/Consulting Services/Goods
The procurement process shall be uniformly applied to all government procurement and in order to ensure an effective and efficient method, the following initiatives were implemented:
1.1 A computer based DPWH registry of civil works contractors developed under the Road Information Support System (RIMSS) for the eligibility screening of contractors.
1.2 The Administrative and Penal Sanctions of the IRR-A of RA 9184, including the three strike system for the contractors participating in the bidding of DPWH projects.
1.3 Trust on law enforcement agencies like the Office of the Ombudsman and the PAGC to act on complaints against erring DPWH officials and politicians.
1.4 Documents Tracking System (DoTS) to track status of all contract related documents, including billings of contractors.
1.5 Partnership with Non-Government Organization to participate as observers in the Bids and Awards Committee activities for all regional and district offices of the Department.
2.0 Quality of Infrastructure Projects With the aim of meeting the demands of the Department’s clients of ensuring the safety of all infrastructure projects and the most appropriate quality in construction, the following are being undertaken:
2.1 Quarterly assessment or quality audit conducted by the Quality Assurance Unit (QAU) to check compliance of on-going and completed projects with the approved plans and specifications.
2.2 Quarterly assessment conducted by the Performance Evaluators accredited by Construction Industry Authority of the Philippines (CIAP) to evaluate performance of a contractor’s specific kind of projects using the Constructors’ Performance Evaluation System (CPES) guidelines.
2.3 The DPWH through the Bureau of Research and Standards (BRS) is continuing the accreditation of DPWH Project Engineers and Inspectors including the Materials Engineers of Contractors and Consultants in order to ensure that only competent engineers will be assigned to DPWH projects.
2.4 The DPWH is continuously undertaking the accreditation of private testing laboratories to augment the testing capability of its regional and district offices.
2.5 Accreditation of concrete and asphalt batching plants by the DPWH to ensure that only concrete and asphalt mixes of the highest quality will be used in the DPWH project.
2.6 Compliance to the provisions of pertinent Department Orders and Administrative Issuances by all implementing offices of the Department relative to materials and construction quality control.
2.7 A sanction mechanism was put in place to penalize the project implementors noted with unsatisfactory performance; and the contractors were encouraged to report to the DPWH Integrity Board any corrupt practices in project implementation.
3.0 Project Implementation In this area where delays were allegedly done deliberately by some contractors and/or consultants so that project duration can be extended thereby extending also the works of the contractors and consultants, the following initiatives are being done:
3.1 The DPWH is now fast-tracking the implementation of projects by assigning two (2) Undersecretaries, one (1) to handle the overall supervision of foreign-assisted projects, and one (1) to handle the overall supervision of locally funded projects, and three (3) Assistant Secretaries to handle the three (3) geographical areas for locally funded projects.
3.2 Project monitoring system to track slippages of project accomplishment was strengthened.
3.3 Project Advisory and Management System, an inter-agency group to ensure the immediate resolution of problems and issues in project implementation was created.
3.4 Documents Tracking System (DoTS) to track status of all contract related documents was put in place.
3.5 Executive Information System to provide instant information that needs urgent attention by management was put in place.
3.6 Guidelines to check the performance of implementing offices and the corresponding sanction mechanism for unacceptable performance was developed.
3.7 Payment System thru the use of the New Government Accounting System (NGAS) was adopted.
3.8 Job rotation of personnel to avoid camaraderie with contractors shall be a continuing process.
4.0 Organizational Structure To address problems emanating from a big organizational structure, the DPWH is now implementing the following:
4.1 A new reengineered processes to streamline the bureaucracy.
4.2 Applicants shall be encouraged to report to the Civil Service Commission (CSC) malpractices in the selection of the most qualified employee.
4.3 Consideration of the Performance Appraisal/Report for District Engineers (PADE) in the promotion.
4.4 Job rotation for District Engineers/Regional Directors is being considered.
4.5 The Complaints and Action Center (CAAC) and the Internal Audit Service (IAS) was strengthened to study and evaluate different complaints and make immediate actions against graft.
2. What were the problems addressed by these initiatives. To what extent have these initiatives addressed the problem?
2.1 Procurement of Civil Works/Consulting Services/Goods
2.1.1 The provision of a computer-based DPWH registry of civil works contractors developed under the Road Information Support System will help minimize if not totally eradicate collusion among contractors, however, the adoption of the system by all regions will still be effected.
2.1.2 Absence of support system to act on complaints against politicians.
2.1.3 Political interventions.
2.2 Quality of Infrastructure Projects
2.2.1 Construction materials being incorporated into all DPWH projects are not in conformity with the standard specification requirements by the DPWH.
2.2.2 Inadequate testing capability of Regional and District Offices laboratories.
2.2.3 Non-compliance to the provisions of pertinent Department Orders and Administrative Issuances by all implementing offices of the Department relative to Materials Quality Control and Construction Procedures.
2.2.4 Insufficient capability of Project Engineers/Inspectors from PMOs, ROs and DEOs in project implementation.
2.2.5 Insufficient capability of Contractors’/Consultants’ Materials Engineers in project implementation.
2.2.6 Insufficient capability of the accreditors of private testing laboratories and batching plants.
2.3 Project Implementation
2.3.1 A number of systems which are critical to fast tracking DPWH operations are not being activated.
2.3.2 Unsatisfactory performance of implementing offices in project implementation.
2.3.3 Development of camaraderie between contractors and DPWH personnel which may lead to laxity in project implementation and assessment.
2.4 Organizational Structure
2.4.1 The need for a new reengineered processes to streamline the bureaucracy.
2.4.2 Malpractices in the selection of the most qualified employee. Applicants must be encouraged to report to the Civil Service Commission (CSC) such malpractices.
2.4.3 Performance Appraisal/Report of District Engineers (PADE) which is not yet being considered in the promotion.
2.4.4 The need for a job rotation for District Engineers/Regional Directors.
3. Why were the initiatives successful/unsuccessful?
3.1 Procurement of Civil Works/Consulting Services/Goods The following were undertaken to improve the process so that anti-corruption initiatives come into success:
3.1.1 IRR of RA 9184 is being advocated.
3.1.2 Losing contractors and all concerned employees and NGOs are being encouraged to report cases of corruption in the procurement of civil works.
3.1.3 Sanctions are being imposed on all erring DPWH personnel and contractors in accordance with IRR-A of RA 9184.
3.1.4 DPWH Integrity Board was created and operationalized.
3.2 Quality of Infrastructure Projects
3.2.1 Training for all Project Engineers/Inspectors from PMOs, ROs and DEOs shall be a continuing process.
3.2.2 Accreditation of Project Engineers and Inspectors and Materials Engineers of Contractors and Consultants shall be a continuing process.
3.2.3 Any perceived malpractices in project implementation are being reported to the DPWH management.
3.2.4 Proper values and ethics is being instilled to all DPWH personnel.
3.3 Project Implementation The following were taken into consideration for an improved process of project implementation:
3.3.1 DPWH officials and employees are periodically undergoing reorientation seminar.
3.3.2 Construction supervision on all DPWH infrastructure projects is being tightened.
3.3.3 Transparency on all DPWH operations is being implemented.
3.3.4 Use of Information Technology is being maximized.
3.3.5 Accountability of DPWH officials is being ensured.
3.3.6 Personnel involved in the processing of payment to contractors in the use of the NGAS are being trained.
3.3.7 IRR-A of RA 9184 is strictly being implemented.
3.3.8 Administrative sanctions on erring personnel are being imposed.
3.3.9 Value orientation programs are conducted regularly
3.4 Organizational Structure The organizational structure of DPWH is so big that the functions and employees of some offices are becoming redundant that leads to inefficiencies and corruptions. There were even allegations that CESO positions were sold and that appointment of District and Regional Directors and their Assistants were given political backings or endorsements by influential officials. The following were taken into consideration for an improved process of making the anti-corruption initiatives successful:
3.4.1 Department Orders for the conduct of the Reorientation Seminars and submission by all DPWH officials and employees of their responsibilities were issued.
3.4.2 Programs to inform lawmakers and other stakeholders on how quality projects are being developed.
3.4.3 Promotion based on merit and fitness is being supported by management.
for the position being applied is being prohibited.
3.4.5 Requesting recommendation or endorsement from politicians regarding promotion is being discouraged.
3.4.6 Policies and guidelines to ensure compliance to Civil Service Commission (CSC) rules and regulations regarding promotion were issued.
4. How can we be more effective in fighting corruption? There are various ways to be more effective in fighting corruption. Much is now demanded from any work force. Each member of the DPWH group is expected to function appropriately and with proper sense of work values. Awareness and commitment such that the desire for the common good shall be the primary considerations and these may include the following:
4.1 Procurement of Civil works/Consulting Services/Goods The procurement process shall be simple and made adaptable to advances in modern technology to take advantage of its significant efficiencies, i.e.:
4.1.1 E-procurement implementation in accordance with RA 9184 shall be fast-tracked.
4.1.2 Invitations to apply for eligibility and to bid using the DPWH website and the Government Electronic Procurement System (G-EPS) shall be strictly/widely published.
4.1.3 Computer interconnections of Regional and District Offices shall be fast-tracked.
4.1.4 Trainings on the updated rules and regulations in procurement shall be conducted.
4.1.5 Public school officials shall be involved in the monitoring of procurement process for school buildings.
4.1.6 A software from the American Association of State Highway and Transportation Officials (AASHTO) which will enhance procedures for cost estimation, bidding and award, and construction contract/project management and monitoring shall be applied.
4.2 Quality Infrastructure Projects
4.2.1 Additional funds shall be provided for the standardization of regional and district laboratories.
4.2.2 Contractors shall be encouraged to report to the DPWH Integrity Board any corrupt practices in project implementation.
4.2.3 Proper values and ethics shall be instilled to all DPWH personnel.
4.3 Project Implementation 4.3.1 Project implementation for all projects shall be fast tracked.
4.3.2 Processing of payments for all projects shall be on a first come first serve basis.
4.3.3 People shall be encouraged to report any anomalous transaction to proper authorities.
4.4 Organizational Structure
4.4.1 Reorientation of all DPWH officials up to Section Chiefs level shall be conducted.
4.4.2 Scrap and build system on hiring and promoting employees shall be implemented.
4.4.3 Responsibilities and accountabilities of all employees shall be checked quarterly.
4.4.4 Civil Service rules and regulations regarding position/promotion shall be strictly implemented.
4.4.5 Officials with pending administrative and criminal cases should be replaced.
Compilation of Laws on Anti-Graft and Corruption
- 1987 CONST RA 6770 RA 3019 RA6713 (1987 CONSTITUTION OF THE PHILIPPINES ACCOUNTABILITY OF PUBLIC OFFICERS)
- ADMINISTRATIVE ORDER NO. 16 SERIES OF 2003(CREATION OF THE INTERNAL AFFAIRS BOARD)
- ADMINISTRATIVE ORDER NO. 10 SERIES OF 2001 (GUIDELINES ON THE INSTALLATION OF RESIDENT OMBUDSMAN (NON-ORGANIC))
- ADMINISTRATIVE ORDER NO. 13 (GUIDELINES IN THE HANDLING AND PROSECUTION OF OMBUDSMAN CASES FILED WITH OR PENDING BEFORE REGULAR COURTS PURSUANT TO THE PROVISIONS OF R.A. 7975)
- PRESIDENTIAL DECREE NO. 1606, AS AMENDED BY R.A. NO. 7975* AND R.A. NO. 8249 (REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL COURT TO BE KNOWN AS "SANDIGANBAYAN" AND FOR OTHER PURPOSES)
- JOINT RESOLUTION No. 2-97 ( RESOLUTION CONSTITUTING THE INTER-AGENCY CONSULTATIVE BODY)
- MEMORANDUM CIRCULAR NO. 14 SERIES OF 1995 ( CASES/COMPLAINTS AGAINST PERSONNEL OF THE PHILIPPINE NATIONAL POLICE (PNP); BUREAU OF FIRE PROTECTION (BFP); BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP))
- ADMINISTRATIVE ORDER NO. 07 ( RULES OF PROCEDURE OF THE OFFICE OF THE OMBUDSMAN)
- ADMINISTRATIVE ORDER NO. 08 ( CLARIFYING AND MODIFYING CERTAIN RULES OF PROCEDURE)
- ADMINISTRATIVE ORDER NO. 11 SERIES OF 1994 (SUPREME COURT CIRCULAR NO 18-94, DELEGATION OF AUTHORITY TO APPROVE INFORMATION IN INQUEST CASES COGNIZABLE BY THE SANDIGANBAYAN )
- PRESIDENTIAL DECREE NO. 46 (MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TO RECEIVE, AND FOR PRIVATE PERSONS TO GIVE, GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS)
- PRESIDENTIAL DECREE NO. 749 (GRANTING IMMUNITY FROM PROSECUTION TO GIVERS OF BRIBES AND OTHER GIFTS AND TO THEIR ACCOMPLICES IN BRIBERY AND OTHER GRAFT CASES AGAINST PUBLIC OFFICERS)
- REPUBLIC ACT NO. 1379 (AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR EMPLOYEE AND PROVIDING FOR THE PROCEEDINGS THEREFORE)
- REPUBLIC ACT NO. 6713 AN ACT OF ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES)
- REPUBLIC ACT NO. 7080 (AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER)
- REVISED PENAL CODE (CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE)
- REVISED INTERNAL RULES OF THE SANDIGANBAYAN PURSUANT TO SECTION 9 OF THE PD. NO. 1606, AS AMENDED, THE SANDIGANBAYAN ADOPTS AND PROMULGATES THE FOLLOWING, REVISED INTERNAL RULES OF THE SANDIGANBAYAN.)
- SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 18-94 ( DESIGNATION OF CLERKS OF COURT OF REGIONAL TRIAL COURTS AS EX-OFFICIO CLERKS OF THE COURT OF THE SANDIGANBAYAN)
Certificate of Recognition from Presidential Anti-Graft Commission
