Do we have a sleeping government?

The law
1. The 1987 Constitution provides that “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” (Sec. 1, ART. XI).

2. It reads in Pilipino as follows: “Ang pagtitiwala ng bayan ay angkin ng katungkulang pambayan. Ang mga pinuno at mga kawaning pambayan ay kinakailangang mamalaging nananagutan sa mga taong-bayan, maglingkod sa kanila na taglay ang pinakamataas na pakundangan, dangal, katapatan, at kahusayan, manuparan na taglay ang pagkamakabayan at katarungan, at mamuhay nang buong kapakumbabaan.”

Comments
3. As a necessary consequence of that “public trust”, what must all public officers and employees do?

They must perform the following duties:
    a) Be accountable to the people;
    b) Serve with UTMOST:
        - Responsibility;
        - Integrity;
        - Loyalty; and
        - Efficiency;
    c) Act with patriotism; and
    d) Lead modest lives.
4. When must these DUTIES be performed? AT ALL TIMES.

5. What does the phrase “at all times” mean? Exactly what it says. Hence, at no time are they excused from the performance of their duties. They are required to render basic services to the people 24 hours a day, 7 days a week, 28, 29, 30 or 31 days a month, and 365 or 366 days a year.

6. What does the term “utmost” mean? Nothing less than best efforts. Hence, average responsibility is not enough; average integrity is not enough; average loyalty is not enough; and average efficiency is not sufficient compliance with the fundamental law.

7. What other duties are imposed by “public trust”? All public officers and employees must:
    a) Act with patriotism;
    b) Act with justice: and
    c) Lead modest lives.

    8. No person is ever forced into accepting a public office which is acquired either by election or by appointment. In other words, every holder of a public office voluntarily assumes the duties of the office.
9. That element of voluntariness, therefore, renders ridiculous the claim of certain politicians that they serve with “sacrifice” in enjoying the powers and prerogatives of the public office that they had assiduously sought in the first place.

10. How can the top government officials be really accountable to the people when, in the performance of their public duties, whether legislative, executive or judicial, it is they—the supposed public servants—who hold the people accountable for the success or failure of the government program?

11. Take the systemic graft and corruption as an example. Certain politicians actually put the principal blame on the Filipino people’s culture of ‘pakikisama’ instead of the political dynasties’ lack of political will to do what is right. Their favorite line of argument is “there will be bribe-takers as long as there are bribe-givers”. This need not be the case. What is the proper response? Build up the case with sufficient evidence and prosecute with the full force of the law all those who may be found guilty, regardless of political, social, or economic consequences. Anything less will fall short of the constitutional mandate.

12. Look at the heinous Maguindanao massacre case. More than two years have passed and the government is nowhere near the middle of the prosecutorial process. Is this utmost responsibility? NO. Is this utmost efficiency? NO. Is this acting with justice? NO. Therefore, what the people have here appears to be a clear case of betrayal of public trust.

Conclusion
13. The government’s primary duty is to promote the common good; secondarily, to conserve and develop our patrimony; and finally, to secure to ourselves and our posterity the blessings of independence and democracy.

14. Is the government doing this “at all times” and with “utmost” responsibility and efficiency? NO. As a general rule, government offices render public service only from 8:00 in the morning up to 5:00 in the afternoon, or only eight out of 24 hours a day.

15. In short, when the Filipino people sleep at night, most of their government sleeps as well. Here, we must distinguish between public office and public officers. While officers are human beings who need to sleep, offices don’t. Since nobody denies the omnipresence of the problems that make the life of the Filipino people miserable, more officers should be enlisted into government service so that, while the other officers sleep, there will always be others to render essential public services “at all times” in compliance with the constitutional mandate.

16. What the Filipino people would welcome to experience would be a 24-hour-per-day government service with utmost responsibility and efficiency. A 24-hour-per-day Supreme Court, Department of Justice, Department of Foreign Affairs, Ombudsman, National Police, government hospitals, transportation, communication and research facilities? Why not? The Filipino people either deserve it or they don’t. But even if they deserve it, if public offices sleep as much as public officers, then the Constitution remains a dream of people who are both asleep and awake.