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public accountability

Pigs all

Now it can be told: they were all pigs.

While Malacanang may have intended its witch-hunt to be limited to the political opposition with the recent cases field against Tanda, Pogi and Sexy, the dangerous maneuver has since boomeranged and the pig stench now goes all the way to Malacanang.

We now know that Napoles did not just deal with three senators. She dealt with no less than 25 of them. This is why the only senator who is undoubtedly untarnished by the pork barrel scandal, Ping Lacson, said that the latest Napoles list may bring down the Senate as an institution.

In fairness to those whose names appeared in the list, their guilt still has to be proven in a court of law. All of them, including the initial targets of Malacanang, are all entitled to presumption of innocence. This applies even to DBM Secretary Butch Abad, probably among the closest to PNoy, and even to the Umali siblings, one of whom, the incumbent governor of Mindoro, is known to be among the BFFs of the President. But the cat is now out of the bag. While they all enjoy due process rights, they all now have to answer to the court of public opinion. Ultimately, Malacanang is the biggest loser in this latest expose. For while the Palace billed itself as the persecutor of the corrupt in high and mighty places, such as the Senate, it now has to account for the fact that the dung is now in its front porch. Talk of karma.

Lest we think that only those who appeared in list should explain themselves to the public, the reality is that list only enumerates senatongs and tongressmen who allegedly benefitted from the Napoles style of funneling pubic funds to bogus NGOs. It is not an authoritative list of legislators who personally benefitted from their pork. Ten billion pesos, after all, is a very small amount relative to the total expenditure for PDAF over the years. What still have to be accounted for are the kickbacks, anywhere from a low of 10 percent to a high of 60 percent, in the cost of infrastructure projects. Already, we have heard how a southern contractor, also said to be fronting for the former FG, has cornered the infrastructure allocations from his region and even of sitting and past senators. When will we begin the inquiry on this? Ten billion is an anthill compared to the amount of money funneled to this southern contractor.

The truth is that every legislator who accepted and used his or her pork stinks. Those not in the lists are not in the limelight but are dirty nonetheless. Another stinking truth is that legislators bought their seats in Congress expecting to make a net profit from their pork barrel allocations. This explains why we have a Congress with virtually no cerebral capacity.

But the blame should not be on the corrupt legislators alone. It is the people, after all, who sold their votes to these thieves for a song! Had they voted on the basis of qualification and integrity of those who stood for public office, we would have had quality policies and not the crap that we have right now. And it is precisely because their votes had to be bought that politicians systematically made money out of their pork.

Furthermore, let us not deceive ourselves into thinking that the problem is only in the Legislature. The President has the biggest pork! It’s in the national budget, in Pagcor, and in PCSO. Presidential aspirants, PNoy included, spent no less than P2 billion to join the presidential fray. How do you think a sitting President will recoup his cost? Part of it will come from his pork, although a large part of it will be repaid in dole to campaign contributors.

And yes, even the Judiciary has its own pork, the Judicial Development Fund. Until today, this has not been subjected to full audit.

Was I therefore surprised, or even excited by Ping’s revelation of the names in the list? Certainly not. I know in my heart and mind that all those who accepted pork are corrupt. There is nothing new therefore in the revelation. But what is new is the fact that unlike in the past when the public appeared complacent to systemic thievery, as in fact tongpats has been referred to as “standard operating procedure”, the public now appears enraged.

Some good will hopefully result in this latest telenovela. For instance, it is hoped that with national elections barely two years away, the recent developments will result in the public electing individuals who have the competence and the skills to run both the executive and legislative branches of government. Hopefully, those who have been convicted in the court of public opinion will be meted the penalty of defeat in 2016. This may actually pave the way for those who have not stolen, and will not steal from the public coffers to have the opportunity to render genuine pubic service. Moreover, the public, hopefully, will also be educated that they will have the same rotten leadership if they continue to sell their votes.

The pigsty stinks. Some good will come from  dung—but it wil only come after the process of composting. Let’s hope this is the ending to this zarzuela.


GUILTY: When the defense acted as prosecutors

The rule is that the prosecution must prove the strength of its case. It cannot rely on the weakness of the defense. But in the historic conviction of Renato C. Corona, it was strangely the defense that ensured that   Corona would be the first officer in Philippines history to be removed from office through impeachment.

The prosecution rested its case solely on Article 2 of the Articles of Impeachment, to wit: that he failed to disclose to the public his statement of Statement of Assets, Liability and Net Worth as required under the Constitution. This could have meant either of two things: one, he did not disclose his SALN as required by law; or two, he was not truthful in his declarations thereat.

At the onset of the trial, the prosecution immediately subpoenaed the former CJ’s SALN that it had alleged, and rightfully at that, should have been made public. This means that the prosecution could not have meant to prove that his declarations in the SALN were untruthful precisely because they had not seen them. This was why they wanted Marites Vitug and Harvey Keh to take the witness stand:  to state that they were denied access to these SALNs.

I reckoned that the Congressmen must have thought that the former CJ would go the way of former Ombudsman Merceditas Gutierres. That is, that he would resign as soon as the articles are filed. But the former CJ did not resign. Confident, perhaps, that the prosecution did not have the goods on him, he opted to wage battle with the prosecutors and Malacañang.

The CJ was right. The prosecution did not have the goods on him. It appears that the prosecution only commenced with its case build-up after the transmittal of the impeachment articles to the Senate.  In fact, they were so excited when the Land Registration Authority provided them with a computer printout of 45 properties allegedly belonging to the former CJ that they run to town with it even before they had the chance to verify the veracity and accuracy of the list.

And for it, they got tremendous flack. While they managed to prove the existence of 11 properties, the damaged has been done. Senators would take turns lambasting them for vilifying the name of the former CJ by revealing raw information to the public rather than to the impeachment court.

After which the prosecution had very little. There was BIR Commissioner Kim Henares who testified that the ex-CJ could not have lawfully acquired his declared property with his declared lawful income alone. But this was declared immaterial because the articles of impeachment did not allege that the ex- CJ amassed ill-gotten wealth.

Then there was the flip-flop in the PAL attendant’s case under Article three. But even if the flip-flop did happen, the Senate was not impressed since this could not be attributable to the CJ alone, the SC being a collegial body. The prosecution then sought to prove that Corona received lots of free trips from PAL through the so-called platinum card. But this too was not allowed. Finally, the prosecution presented Justice Secretary Leila De Lima who unfortunately, did not have personal knowledge on how the former CJ allegedly altered records of court proceedings to make it appear that the majority of the court had already enjoined her from preventing former President GMA from leaving the country. Justice Serreno, in her dissent, claims that this was subject to certain conditions- which had not yet been complied with.

By the time the prosecution had rested, the betting was that the former CJ would be acquitted. But the strangest thing happened: the defense actually picked up the cudgels for the prosecution. First, they summoned Ombudsman Conchita Carpio-Morales and enabled her to present to the impeachment court the AMLAC report detailing that the ex-CJ had US$10-12million in bank deposits. Then the defense flip-flopped and contrary to its initial refusal, allowed the CJ to take the stand. In his opus, the ex-CJ proved what the prosecution could not: that he had US$2.4 Million and about 80 Million pesos in deposits, sums which he did not declare in his SALN. The climax was when the former CJ walked-out of the proceedings after his 3 hour monologue. That was the turning point. Even those who were unsure of the CJ’s guilt could not absolve him lest they themselves earn the public ire.

The rest is history. On the basis of both the testimony of the Ombudsman and the former CJ, and courtesy of the latter’s walkout, the  Senate found Corona guilty. Thank goodness for the defense. It did a splendid job for the prosecution!

Corona’s contemptible performance

Like millions of others, I was glued to the television the other day watching Chief Justice Renato Corona testify in his own impeachment trial. Everything about last Tuesday was dramatic. First, there was his refusal to take the stand. He then relented and agreed to testify after the Ombudsman had detailed Anti-Money Laundering Council documents […] More →