budget pertaining to unfilled positions is considered savings on the part of the Commission
who over the years has enjoyed independence on the use of its own savings. The Commission
is strongly opposed to this move by the Department of Budget citing that the ‘limited fiscal
autonomy’, in the absence of any guidelines, should be properly contextualized. ‘Limited
fiscal autonomy’ can surely not mean the same treatment as any regular national agency of
the Executive, which does not posses fiscal autonomy, while other constitutional bodies
granted independence from government still enjoy the full release and non- reduction of its
budget.
Recommendation
8. Measures taken
to prevent public
officials from
using corrupt
practices to
(a) obstruct
migrants’ access
to justice and
(b) favor child
labor
The Commission’s fulfilment of its mandate is hindered in part by inadequate resources and
the fact that the proposed Charter remains pending with the Legislature. It is therefore
recommended that a concluding statement be issued on the status of the Commission’s
Charter and on the steps undertaken by the State, particularly by the Executive, to support
its passage and enable its continued independence pursuant to the Paris Principles. In
invoking the Commission’s ‘limited fiscal autonomy��, we seek the Committee’s support by
urging the Government, particularly the Department of Budget and Management to
respond to our pressing concerns without further delay. We request the Committee
members to pose the question to Government on why there has been no action on the
guidelines for the treatment of the Commission as an independent body with a ‘limited
fiscal autonomy’ given its unique independent position in Government.
Not cited in the State Report but existing are the processes within the Civil Service
Commission for the filing of administrative charges against errant public officials and those
falling with the Office of the Ombudsman for administrative charges against public officials
with salary grade 27 and above. Laws and mechanisms are in place to hold public officials
accountable for corrupt practices. The problem however, has always been with effective
implementation.
The most recent controversy is the alleged Sex-for Flight scheme of embassy officials in
the Middle East, particularly in Kuwait. Under the alleged scheme, OFWs are forced to have
sex in exchange for a ticket back to the Philippines. Another report alleged that embassy
officials are running prostitution rings victimizing female wards in OFW shelters101. In
response to the exposè, the Senate Committee on Accountability of Public Officers and
Investigation (Blue Ribbon) and Committee on Labor, Employment and Human Resources
Development conducted a joint inquiry on the case last August 2013. One of the womencomplainant testified before the Senate that she was one of the victims of sexual advances of
an Assistant Labor Attache when she sought the assistance of POLO after escaping ill
treatment from her employer in Saudi Arabia. She added that she was also advised by the
Assistant Labor Attache to accompany an Egyptian national in his trip to the Philippines for
her immediate repatriation102. From the last Senate hearing last 29 August 2013, the DOLE
and DFA conducted their investigation with the DOLE recommending the filing of
administrative charges against three government officials tagged in the alleged sex for flight
scheme victimizing OFWs in the Middle East103. On 23 September 2013, the National
Bureau of Investigation (NBI) recommended the filing of criminal charges of attempted
rape and three counts of abuses against chastity against the Labor Attache104. The women
complainants were also admitted to the Witness Protection Program (WPP) of the
Department of Justice. The latest news on the sex for flight issue were of the women
101
Senate of the Philippines Press Release. Jinggoy Wants Justie for Victims of “sex-for-flight’ modus http://www.
senate.gov.ph/press_release/2013/0620_estradaj1.asp accessed on 24 February 2014
102
Philippine Senate Press Release 28 August 2013. Senate Probe On Sex-For-Flight Scheme,
Sexual Abuse Against Distressed Ofws To Continue – Jinggoy http://www.senate.gov.ph/press_
release/2013/0828_estradaj1.asp accessed on 20 February 2014
103
Cerda, Jovan. DOLE Recommends Charges Against Officials in “Sex for Fly” Scheme http://www.philstar.
com/headlines/2013/08/23/1126311/dole-recommends-charges-against-officials-sex-fly-scheme accessed 24
February 2014
104
106
Mereguenas, Mark. GMA News. Criminal Raps recommended vs. PHL labor attaché over ‘sex-for-flight’ scheme