Saturday, December 20, 2008

‘P&%@*$ ! Maligayang Pasko!’

ENQUIRY
DEMAREE J.B. RAVAL

‘P&%@*$ ! Maligayang Pasko!’
Sunday, 12 21, 2008

Some people thought that Sen. Mar Roxas turned from his usual decorous self to a profane SOB when he screamed, “P&%@*$ ina, Ano ba to? Patayin ang Gloria-forever Cha-cha,” at the interfaith rally against Charter change in Makati.

Given the disturbing effect those words have on people who are otherwise insensitive to what is happening around them, the indignation coming from the Palace is understandable — but not righteous. Malacañang, in a typical knee-jerk act of self-preservation, had to neutralize the messenger, lest the entire nation be infected with the wrath that the cuss words embraced.

Roxas has nothing to apologize for. He was just expressing the sentiment of the people. He was not cursing at the current situation in the country, not at President Gloria Arroyo either. “Ang punto ko dito, nakamura ako dahilan sa napakasama talaga ng ating sitwasyon. Yung sitwasyon natin, yung kalagayan natin, ang aking minura,” Roxas explained.

Everyone is aware that everything is rotten, even in this season of hope. Roxas was just articulating the dire situation. In a rally at the same site in Makati soon after the stolen elections in 2004, I recall uttering the same words of indignation. Like Roxas, I refused to apologize for that outburst. As Mark Twain had observed, “Under certain circumstances, urgent circumstances, desperate circumstances, profanity provides a relief denied even to prayer.”

The Supreme Court, in Reyes vs. People, 27 SCRA 689, upheld the acquittal of the accused for oral defamation, who had uttered the exact same words that Roxas is now being either praised or condemned for. Said the Court: “This is a common enough expression in the dialect that is often employed, not really to slander but rather to express anger or displeasure. It is seldom, if ever, taken in its literal sense by the hearer, that is, as a reflection on the virtues of a mother.”

With Christmas four days away, we cannot even expect good tidings of comfort and joy for the “hopes and fears of all the years” that we have nurtured during the reign of the Empress at the Palace who wants to stay there for some more time beyond 2010.

The Senate resolution of all 23 members condemning Cha-cha and asserting the Senate’s right to vote separately in a Constituent Assembly mode of amending the Constitution may have been couched in the appropriate parliamentary language, but there is no denying the seething anger behind the phraseology. Virtually, the resolution expressed the same wonderful thoughts that Roxas let loose in Makati.

The OFWs, looking at their hard-earned dollars in their peso equivalent, can have no words more appropriate in describing the bind they are in. After years of hard work abroad, the OFWs returning home cannot be faulted in cursing whatever — or whoever — is responsible for their debilitated purchasing power. Don’t expect them to apologize.

The grieving families of innocent bystanders killed in Mindanao or Quezon City or Parañaque have every reason to express their anger and displeasure at the indiscriminate pull of the trigger. The military and the police responsible for the deaths deserve as many invectives as there were bullets spent on snuffing out the lives of innocents who would have lived many years in good health.

Leina de Legazpi, my critic, blurted to no one in particular the more expressive Bicolano equivalent — hijo de gran p&%@ — when he heard that an arrest order had been issued against Maritess Aytona and Jimmy Paule, who failed to appear for the third time before the Senate committee investigating the fertilizer scam, whereas Joc-joc Bolante was not even rapped on the knuckle despite the revelation that he and Paule are really known to each other. This double standard really deserves a double invective.

And who would not be angry at the insistence of people at the House to perpetuate in power the current occupant of Malacañang? And why should we not express our displeasure at the prostituted process that the supporters of the occupant wish to change the Constitution?

In a few days, we shall be commemorating the holy day of the birth of the Christ. As we reflect on His life, let us remember that he, too, got mad like hell at those who defiled the house of His Father. The Constitution is as much the house of our hopes as a nation; it must be held sacred at all times. Whoever wishes to pervert and defile our Constitution deserves our anger and displeasure.

Come to think of it, Roxas’ expletive could very well reflect on the virtues of these supporters who happily sacrificed principle for expediency when they extended the Comprehensive Agrarian Reform Program for another six months but called for a moratorium on compulsory land acquisition. If the bishops were also allowed to swear, they would probably mutter a sacred oath against this betrayal of a 20-year-old promise to free farmers from bondage to the soil. The congressmen who walked out of the plenary session during the approval of the resolution most probably did.

Having written this, we feel liberated of the baggage of our anger. We can now proceed to Baguio to once more take a respite from our expletive-laced existence arising from the helter-skelter, jingle-jangle of the traffic of Manila.

Have yourself a Merry Christmas, everyone. And to my favorite brother-in-law Thomas Ganzon Guirey of Atok, Benguet, Naimbag nga maika-67 nga panagkasangay mo ita nga aldaw!

(Send your comments to djraval2001@yahoo.com)


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Tuesday, December 16, 2008

Pacquiao – the reason for the season?

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

Pacquiao – the reason for the season?
Sunday, 12 14, 2008

Until the next victory of Manny Pacquiao, it looks like the Philippines is not likely to experience peace for at least two fleeting hours while Manny commits violence inside the ring and pummels his opponent into submission.

It’s a funny thing, the Pacquiao phenomenon. We have seen how the sworn adversaries in the South and in the hinterlands of the Bondoc Peninsula mutually declared a ceasefire just to watch Manny pulverize Oscar de la Hoya to retirement. How, for two hours, desk sergeants in precincts all over the country were blissfully inactive because no entries had to be made on police blotters because no one was stealing from anybody, no one was raping anyone, no journalist was being assassinated and no innocent bystander was being killed in a crossfire. For two blessed hours we forgot to do violence on each other. Wasn’t it wonderful – the national fixation on Pacquiao?

But, alas and alack! The peace generated by the Pambansang Kamao vanished as soon as his hands were raised to signal victory. It was business as usual again – the soldier set his gunsight on the rebel and vice versa, the pervert started eyeing the neighbor’s comely daughter, the assassin lay in wait for the crusading broadcaster, and everything fell into the normal drift of things that our country is negatively known for throughout the world.

That cycle appears to be our weakness as a nation. In one brief, shining moment, our thoughts run along the same lines and we march to the beat of the same drum. At the next turn, we break ranks and each one looks after his own interests, never mind if it means trampling on the others and prostituting one’s principles. Ostensibly as one nation, we proclaim independence from a colonist, then “gain” independence from another, and later we bicker in disunity as separate ethnic groups. We unseat a president and teach the world the might of people power, and then later backslide to the old ways which, these days especially, are frightfully worse than those bad, old days because we have grown nonchalant about being collectively screwed as a nation by a collective group of individuals who have become careerist political prostitutes.

And then we wait for the next miracle to happen, when we can hail each other with the grace-filled greeting, “Peace be with you.”

This was the Peace heralded one cold night 2,000 years ago by the angels – Peace to men of goodwill and decency. It is not the calm that comes from the cessation of violence. It is not the peace that comes after one has slaughtered his enemies. Nor is it the peace that hangs over the grave of the assassinated activist, the innocent bystander caught in the crossfire of opposing forces, or the poor, hapless child who died of hunger and neglect. And definitely it is not the fleeting, nationwide peace provided by the entertaining spectacle of a brilliant boxer, whose achievement is now being trotted out as a balm for our aches and pains in these troubled times.

Tomorrow starts the holidays commemorating the birth of Jesus Christ. We are known to have the longest Christmas season in the world. Expect a much longer season that could extend well over into the entire months of the coming year – with Pacquiao as the Man of the Month for every month of this extended season.

Already, there is the vain attempt to keep the miracle of Pacquiao in everyone’s consciousness, just so the burning issue of Charter Change (Cha-cha) can be relegated. Read all the broadsheets, watch the news on TV, or tune in to your favorite radio station, and you will see what I mean.

I am afraid that this season the miracle of Christmas will be proclaimed side by side with the miracle of Pacquiao, with politicians behind the glitter of the latter. Pacquiao is a sure crowd drawer, and every politician eyeing the derby in 2010 would be seen sticking to Pacquiao’s side with the tenacity of a limpet on a rock. And Christmas is every politician’s occasion to show how much he cares for his constituents and how much they can spare, no matter the source. Malacañang, for one, has become suddenly generous – just as Pacquiao is now to his kababayans in General Santos City – and has authorized the release of P10,000 for each public servant. This is well and good, but not enough. How about those in the private sector? And whatever happened to the promised support to those OFWs who have been laid off?

Pacquiao notwithstanding, it is a good thing that mammoth rally last Friday against Cha-cha was that – mammoth. And with the Senate resolution shooting down the Cha-cha and the preferred mode of the House of Representatives, there is no way that the proponents of Cha-cha could get a free ride beyond 2010. Speaker Nograles and his ilk should be able read well what the people want. Not even Pacquiao’s charm can make the people change their mind. Decency will win out in the end.

Sadly, in the spirit of the season, Joc-joc Bolante has been granted his wish to spend Christmas with his family, without waiting for Joc-joc to purge himself of contempt of the Senate. Sen. Alan Peter Cayetano has a point in railing against the premature release of Joc-joc. We can now expect Aytona, Paule, et al. to lie, be evasive in their answers, or simply not answer at all, get detained in comfortable quarters at the Senate, and get out as free persons three days later. What an opportunity missed by the Senate.

Starting tomorrow, we shall be witnessing the exodus to the provinces. And we shall have less of the vitriol that is our daily staple. We can only pray for better times, and enjoy the blessings – and surprises – of the season as they come.



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A dodger’s denouement (Bolante)

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

A dodger’s denouement
Sunday, 12 07, 2008

The dodgers’ melodrama that former Agriculture undersecretary Jocelyn “Joc-joc” Bolante has masterfully staged at the Senate is headed toward its denouement.

Last Thursday Joc-joc was finally served the order directing him to be detained at the Senate premises until he shall have purged himself of contempt of the Senate. But his detention at the Senate could be just temporary. Confinement at a less comfortable enclosure, like the Pasay City jail or at the Bilibid in Muntinlupa, awaits Joc-joc even before his conviction by a court of law, and very well ahead of the conclusion of the hearings at the Senate.

So it all depends on the tune he’s going to sing tomorrow before the Senate blue ribbon committee.

Joc-joc has brought upon himself the fast tracking of his detention without a previous conviction for a crime. His lies, prevarications and equivocations have been heavily evident. Most of all, his cavalier refusal to answer questions about the fertilizer scam betrayed the contempt he had toward his inquisitors at the Senate. Although the committee found eight instances of lying, evasiveness or refusal to answer, a keen observer of the proceedings identified 21, foremost of which is the following question which still begs the truthful reply: “Was the President involved in the farm inputs-farm implements (FIFI) program?”

To ferret out the truth, it may help to ask Joc-joc to confirm (or deny) the truth of the following past events: 1) The President held office at the DA head office to oversee the agricultural programs. 2) The President was meeting with him on a daily basis about the funding of the FIFI program. 3) In Cabinet meetings he was regularly reporting on the status of the fund releases. 4) He was appointed to the DA for the sole purpose of having control over the funds of the department. 5) It was he who engineered the transfer of Quedancor to the Office of the President. 6) In the implementation of the FIFI program, he effectively shut out the participation of several regular DA staff who were critical of the way funds were being disbursed. 7) He removed in the form MoA the provision about foundations’ and LGUs’ compliance with the Procurement Law. 8) He secured the release of the Saro and the NCA for P728 million for the FIFI program on the same day. 9) He was the de facto secretary of Agriculture.

I would not blame Joc-joc if he develops a perpetual grudge against Sen. Ping Lacson.

It appears that Ping has become a hero to those who have religiously followed the hearings on the fertilizer scam. Ping had asked incisive questions that elicited self-destructive answers from Joc-joc. Ping had artfully negated Joc-joc’s circumlocutory answers with piercing rhetorical questions and astute leading questions. And more lawyerly than most, Ping had made Joc-joc squirm every time one lie after another came unraveled.

And it was Ping’s motion to detain Joc-joc which underscores Ping relentless effort to get the name of the top dog who ordered Joc-joc to parcel out P728 million worth of fertilizers – and scrape the bottom of the barrel to unmask who among our honorable politicians pigged out on the fertilizer trough.

Jose Barredo, Jr., the self-confessed factotum of Marites Aytona, the runner of Joc-joc, has exposed the elaborate web that Joc-joc spun to assure the 30-30-40 division of the spoils from the scam. He risked a fate similar to Marlene Esperat’s and lay his life on the line, with assurances of protection from Ping. After Barredo, other witnesses may have already approached Ping, but while their revelations have yet to be reduced to affidavit form, these witnesses will be incognito until then. When they finally take the witness stand, Joc-joc will be in for a lot more unpleasant surprises, his steadfast silence notwithstanding.

It looks like Ping has put to good use his training in investigation. His eye for details otherwise discarded by others enabled him to pounce on the admission by one witness that he, a physical education graduate, went on to land a top position at the Government Service Insurance System at the behest of Joc-joc, after he collaborated with Joc-joc in the implementation of the smelly FIFI program. That exposed Joc-joc’s power to reward accomplices for a job well done or to keep co-conspirators silent.

Tomorrow, at his third appearance before the Senate blue ribbon committee under Sen. Richard Gordon, Joc-joc will face yet again his nemesis. Joc-joc’s answers, or his invocation of the right against self-incrimination, are to be expected. In that event, those who remember the case of Jean Arnault in 1950 expect no less than the Senate finally coming down hard on Joc-joc with a resolution committing Joc-joc to the Bilibid in Muntinlupa, to be released only after he shall have absolved himself of contempt of the Senate.

If Joc-joc still sings the same tune he has been singing at the Senate in the last two hearings, his detention could very well be downgraded to worse quarters. And at his detention cell in Muntinlupa, he could not even hope to sing “I’ll Be Home for Christmas,” as the Senate will adjourn on Dec. 19 and resume sessions only on Jan. 17, 2009. That should be a long time for Joc-joc to enjoy the unsolicited and unhealthy company of rogues, rascals and reprobates like him.

The drama at the Senate will pause then and there, only to resume, if at all, when Joc-joc shall have learned that it does not pay to lie, to be evasive, or to remain tight-lipped.

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Now, put him in jail (Bolante)

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

Now, put him in jail
Sunday, 11 30, 2008

Former Agriculture Undersecretary Jocelyn “Joc-joc” Bolante, stuck to his guns last Tuesday at the Senate blue ribbon committee hearing under Sen. Dick Gordon. He applied to himself the famous four-way test – and inwardly answered them.

Q: Is it the truth?
A: Yes, these are my own personal truths.
Q: Is it fair to all concerned?
A: Definitely, yes. The amounts were at P5 million for each recipient or proponent or whatever the hell you call them. Even if they didn’t ask for it. What could be fairer than that?

Q: Will it build goodwill and better relationships?
A: Sure. When money talks everybody starts to listen and learns to keep his mouth shut. Like what I myself am doing in this hearing.
Q: Will it be beneficial to all concerned?
A: Of course. Who do you think would be lording it over at Malacañang today, if it wasn’t?
Of course, the answers he gave to the senators were more eloquent and glib variations to the answers he was giving himself, so he got the surprise of his life when Sen. Ping Lacson could no longer bear a second longer the circumlocutory ride to which the former undersecretary was taking the senators.

Last Friday, Joc-joc did it again. And despite the claimed 12 signatures – out of 17 members – on the committee resolution directing his detention until he tells the truth before the committee, he managed to leave the Senate premises a free man.

What gives? Despite the truth out of the mouths of the regional executive directors of the Department of Agriculture (DA), all debunking the claims of Joc-joc, the committee still did not have the heart to implement its resolution. So, we will have to wait for the next hearing, when Joc-joc shall have been thoroughly rehearsed and coached and instructed on the fine art of weaving a web of deception and subterfuge.

We wrote last week about how to deal with an intelligent man like Joc-joc. And we were elated no end in hearing Lacson put forward the motion: “Mr. Chairman, we have here a liar, running rings around us. I move, pursuant to our rules, that this liar be put to jail immediately, to stay until he shall be forthcoming to us all.”

Joc-joc should learn from Jean Arnault. Or even if he heard about Arnault, he knows something else that the senators don’t know about precedents.

In 1950, Arnault was asked by the Senate special committee – then investigating the corruption in the purchase for P5,000,000 of the Buenavista and Tambobong Estates – a very simple question: “To whom was P440,000 of the purchase price given?” At first he refused to give a name. On collateral questions, he gave evasive answers. For his “insolent and contumacious defiance of the legitimate authority of the Senate,” Arnault was ordered detained at Bilibid in Muntinlupa until he shall have given a name. Subsequently, he executed an affidavit giving a name, different from what everyone in the Philippine islands already knew. The committee concluded that, still, he was lying to cover up a previous lie. The committee decided to continue his detention and confinement at Bilibid, until he shall have purged himself of contempt of the Senate.

Joc-joc knows who ordered P728 million to be spent for spiked fertilizers. That is the ultimate question he has been asked. Everyone from Batanes to Jolo knows who. Joc-joc refuses to give a name until now.

The scam has been detailed by the regional executive directors of the Agriculture department, with the help of Boy Barredo and the Commission on Audit. The noose on Joc-joc’s neck is tightening. In no time at all, he will be slapped with that resolution he deserves for trifling with the proceedings of the Senate.

Joc-joc, should Lacson’s motion be given due course, could find himself bedeviled by another cardiac condition – never mind a troubled conscience – when he gets a taste of the four walls of a real Philippine prison cell. The detention room of the Senate is much too comfortable for a man of his persuasion. Joc-joc would only enjoy immensely the Senate detention room, and treat it as a mere downgrade of the comforts of his Alabang mansion. He will not change his mind if he is kept by the Senate at the Senate. He will stick to his version of the story, until friendly circumstances and the gods above him work in confluence to have him released from detention.

But put him in Bilibid. There is something in the confines of Bilibid that should make Joc-joc find his epiphany. Aside from the damp walls and the congestion there, the resultant horror that can happen to his precious lily-white ass should make him think twice.

Of course, he could opt stay there for as long as he wants to protect whoever he wants to protect, and bear the loneliness and deprivation. It’s going to be a whole lot different from his experience inside a jail in the United Sates.

I had worked at the DA myself. And I handled similar funds, projects and programs that Joc-joc revels in having been custodian and/or implementor. I simply cannot fathom until now how such a once-respectable man like Joc-joc could be transformed overnight to a poster boy of what a public servant should not be. He failed the four-way test of the respectable international organization he was expected to lead. He failed every decent Filipino’s expectations of his finally seeing the light on his way to his own private Damascus. But then, what is failure if it means the continuing success of “all concerned?”

In the meantime, we keep hoping that Gordon and his committee would have some success the next time, with the resolution directing Joc-joc’s detention and confinement already signed by 12 members.


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The Senate under JPE

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

The Senate under JPE
Sunday, 11 23, 2008

That was quite a scene last Monday at the Senate. When the carnage ended, we were left with a picture that said a thousand words: A quondam subordinate administering the oath of office to his erstwhile boss. For a while, we were transported back to those heady days in February 1986, when the faces of Col. Gregorio Honasan and Defense Minister Juan Ponce Enrile were very much on center stage of what is now known as the Edsa Revolt.

From Edsa in 1986 to the present has been a long way for these two gentlemen – and has been filled with memorable episodes of their momentary disappearances, only to resurface at some dramatic, propitious time. Last week, they resurfaced as Sen. Gregorio Honasan administering the oath of office to Sen. Juan Ponce Enrile as Senate President.

Here is the third most powerful official of the land being propped up by the younger generation of legislators, a Senate presidency that works on the strength of experience of the old yet feeding on the dynamism of the young.

Not exactly young at 84, but still very healthy and equipped with perhaps the most brilliant mind in the Senate, JPE has been a fixture of the legislature since its restoration in 1987. He has been there for quite a time that it would not be a hyperbole to say that the young senators, exemplified by the likes of Greg, Jinggoy Estrada and Chiz Escudero, through either beneficient contagion or osmosis, have learned from JPE a most important attribute a legislator could have: Thinking on one’s feet on every policy issue tossed at his face.

We have seen how JPE could debate, thrash out, hash out and argue any issue. Often he does this as if he were just thinking out loud, but the more significant reality is that JPE does his own homework, and comes prepared for any argument. Now as Senate President, JPE could very well be the taskmaster who expects his senators to be prepared as well, and anyone not prepared to debate an issue but feigning otherwise could be exposed for the woeful poverty of information that lies behind the sound and fury of his statements.

Given this work ethic, expect the Senate then under JPE to subject all measures under consideration through a fine-toothed comb, and every senator contributing to the enlightenment of the public.

JPE has successfully managed bigger and more labyrinthine bureaucracies before: The Department of Finance, Department of Justice, and the Ministry of Defense. With him now at the helm of the Senate and the Commission on Appointments, it is reasonable to expect these two institutions, with their corps of well-trained and dedicated technical and administrative personnel, to perform much better than they are doing now.

In accepting the heavy responsibility of the Senate presidency, JPE said: “To lead the Senate, with its great minds, strong advocacies, varying and independent political beliefs and leanings, it is not an easy task. But it is precisely this variance in points of view and the battle of great ideas that provide the dynamism we need to craft legislation that takes into account and balances the competing interests involved, with the end in view of serving the greater good of the people to whom we owe our mandate.”

These speak much of the self-awareness of the man, of his admission that there are limits to the exercise of power despite the awesome capacity now in his hands to influence persons and events. It not so many words, JPE has said that he is not the Senate: that, rather, he is the servant of the people who relies on the collective wisdom of his peers. It not so many words, he has said that he will not impose his will on those who put him up as Senate President. What we should expect, in so many instances, is for JPE to articulate what the Senate arrives at after through deliberations.

Whatever positions JPE may take on the controversies of the day, expect him to allow the rules, norms and procedures of the Senate to be observed in a punctilious fashion. Already, there is now a change in work ethic: Sessions start on time, there is a weekly caucus of senators, and more to come.

But of course there will be scoffers and doubters. Already, some have sounded the alarm that the JPE Senate completes the ideal triad that bedevils the administration’s wet dreams: A complaisant Senate, a subservient House of Representatives and a deferential Judiciary. JPE’s reaction to this title-tattle as well as to reports that he was being groomed as transition president was an explosive “I will tell them to go to hell!!”

For one, JPE has not been anyone’s else stooge in the 43 years he has been in public service. Then again, one has to look at the configuration of the senators who voted him into office – a majority of them have strong positions contra the administration.

No doubt, the “euro” generals caper, fertilizers scam, and all frauds coming out of the woodwork these days will be pursued to their rightful closure. JPE is not about to disregard his affinity to the truth and aversion to corruption. The Senate will continue to be the forum where issues are discussed intelligently, where policies are crafted for the best interests of the nation, and where the rights of persons in the course of oversight are respected. Attribute these to the lifelong adherence of JPE to the Rule of Law and as seeker of the right. And expect the mark of JPE, who knows public finance like the palm of his hand, in the right places for the right purposes as far as the people’s money is concerned.

Above all, expect a Senate that is independent, with JPE at its helm whose many years in public service carries the stubborn streak of independence and righteous indignation at every turn.


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Jail Joc-joc

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

Jail Joc-joc
Sunday, 11 16, 2008

A colleague once said: “It is hard to believe that a man is telling the truth when you know that you would lie if you were in his place.”

I would not know if it was an original thought or he had memorized it from a book of quotes and waited for the right occasion to spring the quip on me. I was reminded of the quote only because of the Joc-joc hearings.

When a congressman, governor or mayor asks for funds from the Department of Agriculture (DA), the request is evaluated against a map, which shows the particular produce, the hectarage dedicated to such produce, and the particular needs of particular areas. The following (stupid) questions then need to be answered:

(1) Is there really a need? If one is a mayor of an urban area that has not even a hectare of agricultural soil, it would be downright highly irregular if his request would be endorsed by the DA for funding.

(2) If there is a need, how can that need be best addressed? Fertilizer need not be the answer for all the requests. And even if it is, it need not be just one type of fertilizer. There is fertilizer for rice, for citrus, for orchids. Or perhaps fertilizer for plastic trees at the provincial capitol.

The need may be answered not only by fertilizer, but by other inputs. It could be seeds, seedlings, threshers, etcetera. Or perhaps it could be what is known as “greenbacks” – which definitely is a very healthy input.

(3) How much funding is needed? Against the agricultural map, one then makes a computation of how much it would take to make votes fall out of trees in order to keep the recipient happy and his mouth shut.

Given this background, Sen. Ping Lacson hit it right on the head when he asked why there were similar allocations to choice politicians regardless of their respective areas and needs.

But the question must not have made sense to the addled brain of Joc-joc that could only give, at best, a muddled reply.

And because no rational answer was forthcoming from Joc-joc, the only conclusion one could make is: the money was used for the greening of the political landscape, and not to address particular agricultural concerns.

It is not only the timing of the release of the funds that supports this, but the political affiliations of the proponents: They are all supporters of the candidate Joc-joc worked for. Lacson cited Iloilo, for example, where everyone – with the exception of then Rep. Rolex Suplico who was supporting Lacson for president – was included in the list of recipients attached to the Saro of Feb. 3, 2004.

Watching Joc-joc evade the questions, or being completely without any answer to questions, or seeing him give an outright lie, I wanted to weep for our senators who now had so much responsibility resting on their shoulders. It is hard to overstate the amount of interrogation and persuasion that must be done to make Joc-joc cough up the truth after three years of evasive flight.

Then I wanted to scream, wishing my voice could be heard by a senator who could make a motion to have Joc-joc detained until he becomes forthright with his answers. I am sure the motion would have been carried unanimously.

But, alas, the senators were unanimously soft on Joc-joc. They even got to joke with him. So, until the next hearing, Joc-joc will get to enjoy the comforts of his house in Alabang.

When Joc-joc denied that he knows anyone higher than the Agriculture secretary who is involved in the approval of P728 million for fertilizers, he was obviously lying. No one gets that amount in a trice, especially if the Saro and the NCA get to be released on the same day, in the heat of the election campaign.

When he denied having talked to anyone from the Administration when he was in the US fending off his repatriation to the Manila, Joc-joc was prevaricating.

When he claimed to have just received a call from the PMS that he was being considered for the position of DA undersecretary without anyone being responsible for his nomination, he was dodging the point, and confusing the issue so as to avoid telling the truth.

When he denied ever knowing a certain Evelyn, he was equivocating, saying one thing and meaning another whose ambiguity was misleading. Lacson fully well knows that Joc-joc had been meeting with this Evelyn, who incidentally was the supplier of the fertilizers.

When he could not identify Marlene Esperat whose photograph was shown to him, Joc-joc was lying through his teeth. How could he fail to remember the face of someone who has filed a graft case against him?

When Joc-joc remembers details of a change of priorities of a proponent, but conveniently forgets the details surrounding the preparation of a memorandum to authorize a regional director to sign agreements, he was rationalizing, to put his own behavior in the most favorable possible light.

When he said he insisted to be deported to Manila but nonetheless fought off extradition by pursuing his petition for asylum, he was fabricating an elaborate yarn about his manifestation of willingness to cooperate with the investigation into the scam.

In the 1950s, the Senate committed a certain Jean Arnault to the confines of the Bilibid Prisons for refusing to give answers regarding alleged corruption in the handling of the Tambobong Estate. The present-day Senate rules on investigation are clear. A witness may be detained in such place designated by the Senate if “he refuses to testify or to answer a proper question… or testifying, testifies falsely or evasively.”

Last Thursday, Joc-joc refused to give answers. He was evasive, and worse, he was lying because he had to.

Jail him then.

Do I hear a senator putting the appropriate motion on the table?


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Undersecretary Joc-joc

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

Undersecretary Joc-joc
Sunday, 11 02, 2008

In early 2000, I assumed the post of undersecretary for administration and finance at the Department of Agriculture (DA) during the Estrada Administration. When Gloria Arroyo ascended to power I was immediately thrown out of the department. Not that I wanted to stick around, hoping that some political crumbs will fall my way. Given my role at Malacañang during those tumultuous days of Jan. 19 to 21, 2001, I knew I was not welcome in the Arroyo Administration. I knew very well I had to go. But I thought it would be a decent gesture to wait for my replacement, formally turn over to him the office, and impress upon him what one in the position of “undersecretary for admin and finance” can do for the country.

And so while I cleared my desk of personal papers I wondered who my replacement would be. Would he be some doddering old foggy snatched out of some obscure position or a no-nonsense, brilliant young man who could manage for the Agriculture secretary the multi-billion funds allocated to the DA under the General Appropriations Act? How would he handle the funds intended for irrigation, post-harvest facilities, farm-to market roads, subsidy for farmers, livestock propagation, farm inputs (including fertilizers), etcetera? Would he be up to the additional duties of supervising several corporations — including Quedancor — involved in agriculture financing and development, and manage well the foreign grants and loans for fishery and agriculture projects?

And I would tell him that the post is most coveted “since you are practically the department… you handle billions of DA funds and you have control of all the projects.” The undersecretary, upon instructions from the Agriculture secretary, does all these in coordination with the members of Congress and the local chief executives, who are the beneficiaries of the projects and recipients of humongous agriculture development funds in behalf of their constituents.

The funds and projects were well-managed during the term of then Agriculture Secretary Edgardo Angara. I was Secretary Angara’s implementor and facilitator, while he had complete control over what I was doing. The funds were spent well for the rightful beneficiaries, and the projects could be seen everywhere. Secretary Angara, in accordance with the agricultural development plan he had mapped out for the department, gave instructions on how the funds would be spent and the projects undertaken. It was a simple operation, with a single-minded purpose: Spend the funds and undertake the projects solely for agricultural development. And to make sure that the funds and projects went to where they were legitimately bound, and the projects were actually undertaken, Angara even constituted a Project Monitoring Group that went around the country, to the farthest barangays where funds and projects were destined, to make sure everything was according to plan.

I was mulling over all these things in my mind — would my replacement find the info useful? — when I got a call from a friend (I thought he was anyway) who had inched his way as a legal adviser to the new president. With just enough trace of impatience and arrogance, he asked me what was taking me too long to get out of my office. He said I had to leave at once, because somebody was coming in to manage (that’s correct, “manage”) the new secretary of Agriculture. Just like that.

I never got the chance to turn over the office to my replacement, the now infamous Jocelyn “Joc-joc” Bolante. Pity, we could have exchanged some polite banter, like asking each other why our parents saddled us with feminine sounding names. Or we could have shaken hands — which under the present circumstances I would be loath to do.

Whoever put in Joc-joc in the bureaucracy knew very well how important and powerful that office could be. Call it a best-laid plan — although others would say serendipity, if you will — but that is exactly the best way to describe how Joc-joc eventually came about to be involved in the fertilizer scam and the Quedancor scam. And possibly a third one involving a loan from Spain for the purchase of Spanish-built patrol vessels which the Senate never got to investigate.

Marlene Esperat, the crusader that she was, knew a lot about these, and she had the documents to back up her charges. Unfortunately, somebody silenced her forever.

Joc-joc has returned. From what I know how a undersecretary works to implement projects funded out of DA funds, Joc-joc certainly knows many things.

Former Senate President Drilon’s revelation that he saw Joc-joc with a huge brown envelope stashed with cash, and doling out the cash to local politicians in his hotel suite in a southern city during the 2004 elections, confirms everything we know now from the Magsaysay Report on the fertilizer scam: Joc-joc was the principal architect of the scam.

It will be interesting to know, straight from Joc-joc’s mouth, how the fertilizer fund was spent; who supplied the fertilizers spiked with water; which politicians received the largesse; and, upon whose orders the fund was spent.

After the fertilizer scam, let’s see how Quedancor went to the pits. And I am giving a hint on another: Honorable senators and congressmen, take a look at the acquisition of the 14 Spanish-built patrol vessels: How many were actually delivered? Of those delivered, how many are still operational; How many are rusting in peace somewhere in some lonely bay? Who benefited from the overprice? Who was instrumental in gagging Congress from looking into this?

Marlene Esperat knew a lot about these. Now that she is gone, and Joc-joc is here, he could shed some light. Unless Joc-joc had contacted some form of Alzheimer’s disease, or through some unhappy accident at St. Luke’s, he, like Marlene, slips into “that undiscovered country, from whose bourn no traveller returns.”


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A Filipino in Sierra Leone (Pastrana)

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

A Filipino in Sierra Leone
Sunday, 10 19, 2008

Last week I was into a state of passive TV watching when a news flash about the opening of the Parliament of Sierra Leone made me sit up and take notice. Sierra Leone is a tiny state in the West African Region which to most Filipinos would have remained foreign and unknown had it not been for the movie Blood Diamond, starring Leonardo DiCaprio. Set during the Sierra Leone Civil War in 1999, the film portrays the struggle between the government soldiers and rebel forces, atrocities committed in that war, including amputation of people’s hands to stop them from voting in upcoming elections. Anyway, from what I gathered in the news, the war had come to an end, and there they were – an emergent new democracy with a full-scale Parliament.

As I scanned the sea of solemn faces gathered at that Parliament opening, I thought I recognized a familiar profile among them. But wait, I asked myself, do I know someone in Sierra Leone? So I looked hard at the screen, and to my astonishment I almost fell off my chair when I established without doubt that the person sitting in the front chamber – just two seats away from the President of Sierra Leone who was delivering his State of the Nation Address – was indeed not only a familiar face but also a close friend. Susmariosep. What was my friend Reginald Pastrana of Odiongan, Romblon doing in Freetown, Sierra Leone? – and in the Parliament at that!

I would not have been surprised had it been a film clip showing Reggie (as most friends call him) in the gallery of our Philippine Senate. For, after all, the Senate is where he used to belong – as director of the Legislative Research Service. I remember he used to cut quite a figure at the Secretariat even during the days in the 1990s when I was deputy secretary for Legislation.

Aside from being the youngest director in the Senate, Reggie possessed a brilliant mind that lay behind that boyish countenance, which on the one hand endeared him to not only a few of the ladies, and on the other, earned him the respect of his male peers because he could give as good as he could take, whether in formal, high-level, academic discussions or during after-office high jinks and boisterous fun, especially when he is with that chum of his, the “juvenile” old man Dan Pinto of the printing service.

Reggie served the Senate well and with great distinction. Not a few senators turned to him when they needed well-researched and documented papers to support a bill or a stand on a current issue. To Reggie’s credit, he never allowed this recognition to get into his head; he remained a very humble person. And to a point of being a pushover for sob stories, he was everybody’s Good Samaritan. Seldom was there anyone who approached him for some help (mostly pecuniary) and came away empty-handed – and on occasions like he would insist on being kept anonymous. To date, nobody really knows how many people, in and out of the Senate, that Reggie has helped, but it is safe to say that his philanthropies extend to aspiring seminarians, charitable organizations, out-of-school youth, and just plain, unfortunate down-and-out losers in society. Not bad for a young man who retired from the Senate at a very young age and went on to manage a couple of corporations in the Philippines as chief executive officer.

Life is full of surprises. Now I learn that Reggie is, in effect, the chief architect of the development of the Parliament of Sierra Leone. He has been selected by the United Nations Development Program (UNDP) to institute vital institutions reforms to the Parliament of Sierra Leone. Reggie is doing a great job and has already won the hearts and minds of the members of the Parliament. No less than the Parliamentary Service Commission headed by the Speaker of the Parliament gave Reggie a commendation for his study and suggested innovations toward the development of its parliamentary services.

We should be very proud of Reggie’s accomplishments. He is carrying the torch of pride and honor not only for our government but for our country as well, as we have yet no diplomatic relations with the Republic of Sierra Leone. During his interviews with international media, including CNN, Reggie was very proud to emphatically mention that he is a Filipino. Hearing him proudly asserting his nationality, I get prouder still, basking in that inner glow and satisfaction that somehow, as mentor/friend of the quondam Reggie of the Senate, I helped mold the Reggie in futuris of Sierra Leone, who is now at the forefront of the development of that country.

Reggie does not need to work so hard in a far-away land just to earn a living. The guy has already retired from the government service and has formed several thriving businesses in the Philippines. He has written several books of legislative significance and I had the opportunity to be a co-author in two of those books. All he needs, as we often say in the Philippines, is to sire a child and plant a tree! But, given the prominence, prestige and opportunity to serve in the UNDP, as well as the challenge in his present position to be able to impact on change toward the peace and development efforts to post-conflict Sierra Leone, I honestly think he is simply spreading his altruism on a much wider scale, beyond the borders of his beloved Philippines.
The people of Sierra Leone are lucky to have engaged the expertise of a Filipino, in Reggie whom I consider to be one of the best a OFW could ever hope to be.

Kudos to you, Reggie, for a continuing life of quiet professionalism and unwavering generosity!



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A shame campaign (Part 3)

E·N·Q·U·I·R·Y
DEMAREE RAVAL

A shame campaign (Part 3)
Sunday, 10 12, 2008

Shame them, in whatever form and manner.

In effect, that’s what Transparency International did to the Philippines when it rated the country with a 2.3 mark on a scale of 1-10 and placed it 141st among 180 countries in its Corruption Perception Index. Of course, the ratings are not fair – those shameful figures do not reflect our own integrity as a people, but only applies to the crooks in the government.

For a while, we thought the government was doing something about it when it announced that it had upped the ante against crooks, whether petty or big-time, in the government through a lifestyle check that exposes suspected corrupt public officials having properties manifestly out of proportion to their legitimate income.

But it was all a show. Worse, the government even tried to besmirch the integrity and character of well-meaning whistle-blowers. Look at what they are doing to Jun Lozada.

All the more, let us not be cowed. Through the media, in public forums, even in conversations with friends, let us continue expressing our disgust.

Heap shame, then, on that clerk who was merely in charge of processing bills of lading at the customs zone, and could not explain where she got the wherewithal to build her multi-million house in some upscale, gated community. After having been charged in court, she conveniently took a leave. A permanent one, from the looks of it, as now she is nowhere to be found, probably now in some secret place to live out the rest of her life in fear of being discovered and scorned by her honest colleagues.

Put to public shame, too, that government official – a big fish who has thrived far too long in the corruption pond – who was said to have made a killing in the purchase of faulty and unusable electronic voting machines that are now rusting in peace in some obscure warehouse. More shame on him when he was exposed to have extracted a hefty million-dollar bukol to facilitate another deal, never mind if he resigned in tearful indignity from his powerful position, unable to bear the daily bashing he was getting from everyone.

Rake over the coals, also those officials who with straight face claim there is only minimal corruption, all the while blaming media for the perception that corruption has reached gargantuan proportions.

Public shame and disgrace is even a fatal punishment. As in the case of the bureau director supervising the construction of public highways, who through kickbacks and large “gifts” from contractors was able to maintain a Swiss bank account that enabled his wife and children to drive around town in their respective customized SUVs and take regular trips to the best resorts abroad, the shame of exposure drove him to the end of his tether. He landed in the front pages, in a photo showing his tongue in the grotesque rictus of death, his feet a foot or two above the floor, swaying in the wind.

Against questions of constitutionality, a shame campaign ranged against the principles of presumption of innocence or against libel laws should be upheld as an extension of the public’s right to information and exercise of free speech. That should put to rest any doubt about the legality of its implementation.

A shame campaign, alongside the appropriate penal laws, it itself the punishment for corruption. It is not some process that has to go through the procedural stages of proving the guilt of innocence of, say, the giver and the taker of a bribe when they are caught in the very act of wrongdoing. The verdict is instantaneous, and both parties know that they are guilty. That is the beauty and efficacy of a shame campaign. It works. Instantaneously.

We should, however, be aware that for a shame campaign to be waged successfully against the purveyors of corruption, it must be implemented with impartiality. The selective implementation of any shame campaign – where the thrust is merely on the overt and merely pedestrian instances of corruption instead of the grand larceny, extortion and robbery of the people’s money – would only encourage the really corrupt elements of society – the lawmaker who takes and gives grand bribes, the judicial officer who hands out decisions for a fee, the relatives and friends of high officials with a passion for kleptocracy – to operate with impunity.

Fortunately, this aberration prevails mostly in the government-initiated campaigns. That is to be expected: Government is famous for protecting those in the higher ranks in order to assure its survival. But, then again, at the very least we shall have eliminated three-fourths of those who prey on the public of rendition of services for a fee. The deterrent effect is there, whatever else one may say about the selectivity.

Shame them. Spare no one. With the public and media prying into their daily lives, and exposing those who cannot explain their sudden wealth and luxurious lifestyles, these perpetrators of graft and agents of corruption are stopped dead on their tracks.

A public shaming is a punishment worse than death. When honor and personal integrity are held as the noblest virtues of an individual, a miscreant would rather commit an act of self-destruction than live a life of ostracism. A shame campaign tugs at the conscience and pricks it; it riles the feelings and makes one feel totally despicable, worthless and beyond redemption. In a shame culture, a person who breaks the law would wish to sink into the ground and disappear forever from view, to hide from those who have borne witness to his embarrassment and disgrace.

Shame them, and shame them further. It should work. If it does not, shame on us as a people and may God have mercy on our insensitive, unfeeling selves.




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A shame campaign (Part 2)

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

A shame campaign (Part 2)
Sunday, 10 05, 2008

Shame them.

This is the antidote to corruption. It works on human nature. When the law is unfeeling and proves itself prone to manipulation to conceal the crime or the criminal, a shame campaign serves as a pillar at which the culprit is scourged in public view before he takes on his cross of embarrassment and humiliation. A public shaming is a punishment worse than death; this is why in countries where honor and personal integrity are held as the noblest virtues of an individual, a miscreant would rather commit an act of self-destruction than live a life of ostracism from his fellow man. A shame campaign tugs at the conscience and pricks it; it riles the feelings and makes one feel totally despicable, worthless and beyond redemption. In a shame culture, a person who breaks the law would wish to sink into the ground and disappear forever from view, to hide himself from eyes that have borne witness to his embarrassment and disgrace.

Surely, no one would want to get caught giving a bribe, or accepting the bribe. No one would want to face the dishonor, the disgrace, and the condemnation that are heaped on lawbreakers. It is human nature to put up a brave face of uprightness, to flaunt a façade of righteousness, to defy public opprobrium and proclaim one’s innocence.

Conversely, one who is caught giving a bribe, or accepting a bribe, or breaking the law, loses face. He would no longer be able to put up that brave face of uprightness; would no longer be able flaunt that façade of righteousness; and, worse, he would be the subject of scorn and derision.

Imagine, if you will, photos splashed on the front page of newspapers, taken at the exact moment when the bribe changed hands from driver to traffic officer. Would the driver and the traffic officer still have the righteous indignation to explain away the mordida? Imagine still the same players acting out their respective choonga roles on your television set. Would they still have the face to insist on their innocence? If you commit the crime, be prepared to appear on prime time.

Ascending the corruption ladder a bit further, imagine being broadcast over the radio the sordid, incontrovertible details of a whistleblower’s account of how a public official managed to wheedle his way unto a government contract because a hefty commission had been prepaid even before the deal was signed. Would that official still have the equanimity to tell the nation that the kickback is “a normal, acceptable part of expediting business in this part of the world”?

And since we have touched on the medium being the message, what about a billboard in the public square, with the full faces and names of bribers and bribees, extortionists, embezzlers and thieves prominently displayed, announcing to all and sundry their specialized corrupt practices?

Or, in this age where information is but a click away between the computer monitor and the mouse, would the practitioners of the dark art of corruption have any self-respect left once their visages and crimes have been brought to the unforgiving glare of the digital world?

Get one instance of documented corruption. Put to shame the main players and their beneficiaries. This will not only deter them from engaging in the same act, ever again. For sure, the threat of humiliation and shame will deter not many, (yes, not all) but the effect is that it will work to a great degree as ostensible retribution, notwithstanding the fact that legal precedents have enshrouded shame as a pillar of punishment.

In a sense, a publicity of a court trial for corruption is in the mold of a shame campaign. Play out in media the details of the crime and, best of all, expose the crook in his shameless and shameful glory. Who else would have the stout heart and the straight face to undergo the same public trial?

Indeed, no one would ever want to be in the shoes of that bureaucrat who was caught giving bribes just to make sure his favorite presidential candidate would win. The media was merciless to him. He just had to flee the country, never to show his face again, not so much as out of fear of being convicted in a court of law as out of the dread of living among his countrymen, damned in the court of public opinion. And no one would ever want to be that other government employee who was exposed giving bribes to members of the legislature, for them to vote against the impeachment of a constitutional officer. She has since flown the coop, together with her family, unable to summon enough strength to explain away her wrongdoing. And the bribees? Many of them who were proven to have received the bribe were daily fodder for media to crucify, and their families suffered from this daily bashing. One wonders how many nights they spent wrestling with the continuing humiliation.

The passage of time has not dulled the ignominy faced by a presidential crony who demanded a multi-million dollar lagniappe to allow the construction of a nuclear power plant that has since become a white elephant. The shrewd accountant that he was, his particular exercise of corruption was hard to demonstrate and prove but it was immediately apparent in the public perception. So where is he now? Not so much out of fear of prosecution but more out of infamy and condemnation for bleeding the taxpayer dry, this presidential pal has fled the country to a place where no one knows his face, unable to bring with him his ill-gotten wealth or even his family, who must now suffer the brunt of the vicarious shame that he has brought upon them.

Shame them, in whatever form and manner.


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A shame campaign (Part 1)

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

A shame campaign (Part 1)
Sunday, 09 28, 2008

Shame the perpetrators of corruption to stop them from their tracks.

There was once a wonderful time in the shame culture of the Philippines when a person who broke the law wished to sink into the ground and disappear forever from view, to hide himself from eyes that have borne witness to his embarrassment and disgrace.

No one would want to face the dishonor, the disgrace, and the condemnation that follows an act of bribery. It is human nature to put up a brave face, to flaunt a façade of righteousness, and proclaim one’s innocence. Conversely, one who is caught loses face. He would no longer be able to put up the brave face of uprightness; would no longer be able flaunt that façade of righteousness; and, worse, he would be the subject of scorn and derision.

Shaming works – or should.

Corruption – the dishonest or fraudulent conduct by those in power and authority, whether elected or appointed – constitutes a significant challenge in the growth and advancement of nations. Corruption in the public affairs of a country emboldens those in power to scoff at the law and determine democratic processes. Corruption in elections makes a mockery of the people’s voice and robs constituents of their choice of representatives who will shape policy and legislation. Corruption in public administration results in the lopsided provision, or even the withholding, of vital services such as health care and education. Corruption in the courts sullies the majesty of the law and drives people to take matters in their own hands.

In a word, corruption erodes the capacity of government institutions as legal processes are flouted, resources are plundered, and public offices are made available to the highest bidders. At its extreme infestation, corruption erodes the legal foundations of government and egalitarian values such as public trust and confidence.

The dysfunction in the political system is at once clear to the eye and obvious to the mind when government officers, political officials or employees seek illegitimate personal gain through actions such as bribery, extortion, cronyism, nepotism, patronage, graft and embezzlement.

Bribery is the most common form of corruption in the Philippines. Often acknowledged, or at best considered as a permissible cultural norm in some sectors of the country, this aspect of corruption extends to every aspect of public life. Whether it goes by the fancy name of lagniappe, or the Filipino lagay or pampalubag-loob (“something given or received to soothe or console”), or the Arabic baksheesh, the Spanish mordida, or the Punjabi choonga, the bribe makes it easy for individuals to stay in business, circumvent a procedure or regulation, or goad an official to do something he is already paid to do. Easily, it is the easiest to learn and exercise as a tool to get favors. All it takes is a little insensitivity to defy the conscience that tugs at the mind and reminds one not to commit it.

Take the case of a driver who is stopped by a traffic policeman for speeding. If he has the willingness to shell out a hundred pesos to avoid paying a five hundred peso fine, and the traffic enforcer has the shrewd initiative to pocket the bribe and deny the government coffers the fine, then we have a manifest case of lagniappe. This transaction, of course, proceeds on the premise that everything is on the sly: The driver does not want to get caught offering the bribe, and the traffic policeman does not want to get caught accepting the bribe.

The laws against bribery are airtight. Man has invented everything there is out of his imaginative mind and from experience, putting them down in tomes of legalese. Name it, and they have it. I mean, every means to fight corruption is there – from the United Nations Convention Against Corruption (UNCAC) that details every conceivable legal mechanism or device to fight corruption worldwide, to municipal laws that punish petty to large-scale corruption.

But for as long as there is the pecuniary capacity to offer a bribe and there is a willingness or even expectation to receive a bribe, there will always be the urge or compulsion to circumvent these laws – as long as one does not get caught. There is something perversely romantic and thrilling about being able to break the law, and be able to get away with it. It is a supreme achievement of sorts: To be able to behave in a way that is unacceptable in spite of the consequences.

The other hideous face of bribery is extortion, which takes the form of payment demanded by corrupt officials who threaten to discredit or destroy individuals as well as organizations through the illegitimate use of state forces and agencies under their control. Often, extortion is facilitated by patronage, when incompetent persons are given government post as a reward for loyalty rather than ability. And if a regime is steeped in patronage, the twin evils of government abuse - nepotism and cronyism – cannot be too far behind, creating a smug feeling of “we’re-all-in-this-together-so-let’s-keep-it-within-ourselves.” Embezzlement easily becomes the shameless theft of public funds, and kickbacks come steadily kicking in.

It doesn’t take one to have read the latest release of Transparency International’s Corruption Perception Index to realize that these aspects of corruption are endemic in the Philippines.

In the face of all these corrupt practices, what can one do? What could we do?

Shame them. And next week, we hope to be able to tell you why we should and how we could.




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Decency 101

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

Decency 101
Sunday, 09 21, 2008

There was once a deputy minister – who headed a bids and awards committee for the purchase of vessels needed to patrol the archipelagic waters of her country – who found herself facing this offer: US$1 million, in exchange for her signature on a committee resolution disqualifying the best bidder on a flimsy technical ground, thereby awarding the contract to another who had tendered a bid of $7 million more than the lowest bid. The rest of the committee members had been approached and, after having been promised substantial manifestations of gratitude, were in consensus that it would be no breach of the law if the contract went to the other bidder. All that was needed was the deputy minister’s signature.

The deputy minister turned down the bribe. This personal decency set her off a pariah in a government run by bureaucrats whose work ethic seemed unerringly guided by the answer to the question, “What’s in it for me?”

And because graft had to find its own venal way, her putative corruptor facilitated the deputy minister’s replacement with somebody who was all too willing to be absorbed into the maze of bureaucratic movers who knew how to shake down the money tree.

With the deputy minister out of the way, financial inducement cut through the red tape, and made a happy person out of everyone else involved in the deal.

In a redeeming postscript to this story, those who had a hand in the awarding of the contract are now facing court suits for corruption. In the meantime, two of those charged lost their families and homes to fire; one is sick of cancer, while still another literally lost his golfing arm, that could only be described as grim poetic justice. Another is now a fugitive, awaiting extradition for a yet separate corruption offense.

The deputy minister is still working in her own small way to combat the evil that scourges government everywhere – corruption.

For all it is worth, one takes little joy in the moral of the story: that the law catch up with the corrupt; while those who resist the easy money will somehow get their just reward, the least of which is a clear conscience.

The United Nations Convention Against Corruption (UNCAC) minces no words in defining bribery, thus: (a) The promise, offering or giving, directly or indirectly, of an undue advantage to any person who directs or works, in any capacity, for the person himself or for another person, in order that he, in breach of his duties, act or refrain from acting; and (b) The solicitation or acceptance, directly or indirectly, of an undue advantage by any person who directs or works, in any capacity, for the person himself or for another person, in order that he, in breach of his duties, act or refrain from acting.

In certain countries where the “small gift,” the lagniappe and the baksheesh are considered part of the “normal, civilized way of conducting transactions,” there will always be the extended palm, ready to receive the token of a generosity that conveniently masks off the insidious venality. The suborner and the suborned have not embarrassed each other, and this shared guilt becomes a self-enforcing bond that seal subsequent deals.

The bribe giver is emboldened only by the weakness of the person who would willingly accept the inducement. That weakness can be remedied only by a firm resolve on the part of the latter to do the right thing. The climate under which the right thing could be done, that is, to reject the offer, can be created only by the person who is the object of the offer. This decision rests only between himself and his conscience.

Bribes are useless and ineffective if there are no takers. However conducive a culture could get that it breeds an atmosphere of extortion and bribery, all that a self-respecting man has to do is to say no. His honesty and sense of decency are his shields.

Businessmen could be unforgiving aggressors to break down the defenses of one’s sense of decency and honesty. Their overriding goal is to get the deal done, never mind if in the process they have to convince themselves – and their victims as well – that a little palm-greasing here and a small payola there never hurt anybody. Profit is the all-consuming desire, and all scruples be damned. But then, again, corruption thrives only where there is an atmosphere of decadence and turpitude. The businessman will always try, but can he succeed if nobody will entertain him, if no one will make it easy for him to gain undue advantage?

Bribe giving is both a weakness and a strength of those who cannot stand on their own. Extortion, on the other hand, is the easy but unconscionable conduct of those who are uneasy with the realization that which they have is all that they will ever need. The bribe giver preys on the vulnerability of the extortionist, and the extortionist takes advantage of the desperate need of the bribe giver to control results. In a moral and upright climate, however, one is useless without the other.

The UNCAC and local anti-corruption laws are not enough to deter the bribe givers and the bribe takers, who will always find a way to get around the penalties that await them. If we must succeed in eradicating corruption, we need to summon all the strength of our will to resist the temptation, to muster the courage to expose it. We need to cloak ourselves with the firm determination to put the bribe giver at the mercy of the law that he deigned to scoff at.

We need to be able to say to ourselves: “I do not want anyone to induce me to commit a wrong.” Decency is all we need.



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A constitutional court?

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

A constitutional court?
Sunday, 09 14, 2008

Dean Amado Valdez of the UE College of Law could have been deliberately provocative when, advocating the implanting of a constitutional court in our body of judicial institutions, he said: “This is the last chance to redeem the Judiciary.” (Nowadays, the Judiciary has its high — and low — moments, but I would not venture to use the word “redemption.” Its swift resolution of the imbroglio at the Court of Appeals over the Meralco-GSIS case is redemption enough.)

Dean Valdez was speaking at a forum sponsored by the Konrad Adenauer Stiftung and LawAsia on the concept of a constitutional court. Interspersing his reactions to the presentation on constitutional courts by the German scholar Rudolf Dolzer with references to Plato’s Utopia and the obsessive dream of Icarus for man to fly, Dean Valdez beautifully presented the imperative for a constitutional court, if not right now, in the near future.

A constitutional court is a tribunal in the judicial system — separate and apart from a Supreme Court — primarily and exclusively concerned with the interpretation, application, protection and enforcement of a country’s constitution. Constitutionalists dub such a court as the “guarantor” of the supremacy of the Constitution as it applies to a country and its people.

Across jurisdictions and from among not less than 50 countries around the world — most of them in Europe and principally in the Federal Republic of Germany — a constitutional court decides whether the laws and other enactments by the legislature are in conformity with the constitution, and whether the acts adopted by the executive branch of the government are in compliance with the Constitution and the laws.

A constitutional court has the power to annul and suspend laws, regulations and ordinances if they contravene the fundamental law of the land. In some jurisdictions, a constitutional court has the power to decide matters concerning elections and the registration of political parties. It may function as an electoral tribunal — deciding matters relating to challenges on the legality of the election of the president, his vice-president, and down to the members of the parliament. It also adjudicates the constitutionality of treaties or other international agreements, and settles jurisdictional conflicts between courts or between courts and administrative bodies.

The power of a constitutional court extends even to the impeachment or removal of the chief executive of a country. It is given the power to decide whether or not the president has failed to fulfill a constitutional obligation. It may even conclude whether the state of health of the president allows him to continue to hold office; or declare that his conduct is violative of some constitutional norm. For instance, look at the decision of the constitutional court of Thailand last Tuesday, forcing out Prime Minister Samak Sundaravej for hosting a TV cooking show while in office! (What People Power could not achieve in two weeks, the constitutional court of nine members did in one morning.)

Given the above enumeration of what it can possibly do, one can readily appreciate the redemptive value of a constitutional court in our body politic. Such a court will free our regular courts, including the Supreme Court (SC), of the burden of resolving conflicts between the often contentious and self-serving political branches of our government. Consider, for example, how the constitutionality of the establishment of the Bangsamoro Juridical Entity could be resolved with dispatch by a specialized tribunal like the constitutional court; or the matter of executive privilege at issue between the Senate and the Executive; or the issue between the province of Palawan and the national government on the division of revenues from the oil extracted off the shores of Palawan; or the sacrosanct finality of the issue of whether former President Joseph Estrada may run again for president.

The list of cases in our judicial system that have taken far too long to resolve stretches “back to the future,” as former Comelec commissioner Manolo Gorospe, who was present at the forum, says with a rueful grin. What he means is: many cases need not have languished for an eternity had there been a constitutional court in the Philippines.

Put simply and sans the hyperbole, as retired judge Dolores Español commented, it could contribute to the unclogging of court dockets. Justice must not only be done (no matter how exceedingly slow), but it must also be shown (promptly).

To be realistic about it, our entrenched orientation toward the American model granting the SC the sole power of judicial review makes the establishment of a constitutional court a bit thorny - and predictably controversial. Surely, this will be seen as the extinguishment of a power that has for generations been the exclusive domain of our SC. And then, there is the suspicious public: “What? Another Court of Lost Resorts?”

But wait - once amending the 1987 Constitution gets underway, it may be opportune to interject the concept of a constitutional court. The following questions, however, would have to be addressed, before any serious consideration can be given to it: (1) Will it be good for us? (2) How can it be assimilated to our system?

The answer to the first question requires empirical data. LawAsia, as the proponent, would have to convince the constitutional convention or the constituent assembly that this is the solution to the gridlock that is often blamed on a system that is heavily politicized. The second requires — once the first question is answered in the affirmative — simply the willingness to accept a concept that has worked well in many jurisdictions.

After all, as Justice Oliver Wendell Holmes had always said, the life of the law is experience. Our judicial system needs to change, as new circumstances require a new tack. We need not deviate; we simply have to adopt our system to changed circumstances to remedy seemingly unchanging ills.




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The travel itch

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

The travel itch
Sunday, 08 17, 2008

Her dainty derrière had hardly warmed that stolen seat at the Palace, fresh from her conquest of George Bush and Washington, DC, with an embarrassing snub to boot from Barack Obama and John McCain, and there she was: airborne again, flying to watch Manny Pacquiao wave the Philippine flag at the opening ceremonies for the Beijing Olympics. Or so we were told.

One wag says that if we count back from 2001, the accumulated distance of the foreign trips that President Gloria Arroyo has made, she could have already circumnavigated the world seven times over, once for every year she had been in office... and gone to the moon and returned to Earth twice.

My math-challenged brain fails to translate this comparison into actual mileage, in the same way that I become cerebrally challenged when I try to figure out the costs of these trips, knowing that on these out-of-the country excursions, she makes it a point to drag along a bevy of factotums, hangers on and ass kissers. No one — not even the Commission on Audit — has really kept track of the expenses for these trips. But the same wag has said that the costs of Arroyo’s globe-trotting could very well pay the national debt. I have no way of confirming the figures involved here, but I must congratulate that wag for that hyperbole. Which makes everyone bristle in anger over these misplaced priorities in the face of the domestic problems we face as a nation.

What keeps President Gloria Arroyo so enamored to take on foreign travels without let-up?

Against the expenses for all these trips, how much in foreign investments have been drummed up and actually reached our shores to perk up our economy? My critic Leina de Legazpi from Bacacay says “mayo.” As in “none.”

Against the usual claim of having established improved relations with the countries she visited, has Arroyo’s globe-trotting really globalized our labor markets such that we feel some inkling of progress in our lives? Have there been spectacular increases, for example, in the volume of employment opportunities, exports, and even influx of tourists? My cousin Caesar Barangan from Batac, who was not exactly in agreement with Arroyo’s immersive travels, says “awan.” As in “none.”

Against the promise of peace at last in Mindanao, and an end to the communist insurgency, has Arroyo’s globe-trotting to countries coddling the insurgents brought us to insurgency’s last gloaming and closer to the peace we all dream of? Reggie Pastrana, who just came from Madrid after a month’s stay in Sierra Leone as a capacity builder for the United Nations, says “nada” in his newly acquired idiom. As in “none.”

What then has Arroyo achieved, really, with that trip to Beijing?

The last time she was there, she stood as witness to the signing of a contract that has since exploded into the open as the ZTE-NBN Scandal. This time around, the ostensible reason was to attend the opening of the Beijing Olympics and — uh-oh, here we go again! — to witness the signing of a $150 million deal between a Chinese firm and a Filipino mining company headed by a Palace factotum.

Does Arroyo have to spend millions of dollars for a trip to China just to witness Pacquiao unfurl the Philippine tricolor? Or does she hope to rake in millions of dollars after this trip — for the country hopefully, or for somebody else? — as a witness to the signing of a contract, which is not even between governments? My Chinoy friend, Lu Kim Pe, says “$ #&%*@ $$$$.” As in “I don’t know.”

But relax. As the song goes, don’t worry; be happy. While Arroyo was out, enjoying herself abroad, she left her trusted firemen to quell the fires burning our own houses in Cotabato and elsewhere down South, with the Bangsamoro Juridical Entity (BJE) aborning! This is misplaced priorities and misbegotten braggadocio, if you ask me. Was she hoping to show up the putative next president of the United States of America — Obama or McCain, whoever — that she has a “China Card” and he’d better not snub her the next time she goes to the USA with her beggar’s cup and braggart rhetorics?

Arroyo is now back in Manila, completing the last leg to complete her eighth circumnavigation of the globe, but her presence in Beijing has not done a whit to improve the chances of our athletes bagging at least one medal. The prices of food and oil are still on the upswing. A scandal in the Judiciary is keeping us riveted to our seats, wondering who’s next, what’s next and for how much. A man named Bayani, who is not exactly a hero, is still testing our patience with his experiments on the U-turns and sidewalks of our daily lives. Ballot box snatching in the ARMM elections is still the norm. The so-called People’s Initiative — an unabashed mode to perpetuate her in power — has resumed. The nation, as usual, is still in disarray.

Meanwhile, the rebels in Mindanao have stepped up their activities to enforce the cession to them of a big slice of Philippine territory. Many are getting killed in this fight among brothers. But not to worry — let Christians and Muslims kill each other off. God, who is supposed to be always on Arroyo’s side, will eventually sort out who the good and the bad guys are.

And when the bad guys triumph again, Arroyo will be off again, to the nearby sovereign state of BJE. And our nation be damned.




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Demolition beyond the Judiciary

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

Demolition beyond the Judiciary
Sunday, 08 10, 2008

The Judiciary is regarded as the most credible institution of government, in fact, the only credible institution that remains in the country. Chief Justice Reynato Puno, in the two years he has been at the helm, has instituted reforms like no other. The decisions of the Supreme Court have, in the main, been praised for their even-handedness. Justice and fairness are once more the hallmarks of the Judiciary. Trailblazing remedies within our jurisdiction have been put in place. The Rule of Law has never been true as the rule as it is now: a restatement of what a car mechanic once said: “Those who have less in life should have more in law (and justice).”

In times of great many difficulties, when the political branches of government can hardly deliver to the people what they ought to, the last remaining buoy that keeps the nation afloat is the Judiciary. Lack of food and high prices — the “sleeping dogs of socio-economics,” as a waggish friend describes them — can be left well enough alone for the moment. In fact, this long suffering nation usually manages to sleep on the pangs of hunger and the deprivations of poverty, until the next miracle of subsidy, windfall, dole-out or price rollback comes along.

But try to fool with the workings of justice, and a lot of angry people are not likely going to let sleeping dogs lie (pun unintended). And believe me, in l’affaire GSIS-Meralco, somebody is lying — or telling only half-truths — and Chief Justice Puno must now be really angry as hell!

And wait: While a special committee has been constituted to sort out the outright brazen lies from the half-truths, there yet looms in the background a dramatis personae whose roles are to manipulate the developments in this controversy affecting the Judiciary. We do not know who they are exactly, but it makes sense to speculate on what these players may be up to.

Only the Shadow knows what evil lurks in the hearts of these men. And we don’t mean the Lopezes, the justices and their friends who are embroiled in the l’affaire GSIS-Meralco, or the law firms and lawyers of varying degrees of notoriety. Rather, we refer those who have a bigger stake in the breakdown of the Judiciary, who would profit most from a breakdown.

Cui bono? Who benefits? To whose advantage?

Remember that l’affaire GSIS-Meralco is the highest so far in the judicial hierarchy that an allegation of corruption has reached in recent memory. And take that development in the context of the breakdown in the political branches of government.

We can ride over corruption in the Judiciary, if the Legislature and the Executive are in the good graces of the people. But if the latter two are themselves enmeshed in corruption, and the last bulwark of decency that is the Judiciary has joined the club, there is nowhere else for the people to put their trust in.

The media prominence given to the bribery angle puts the onus on the Judiciary to shore up its trustworthiness before the people. Who else but the Judiciary would resolve the issue pertaining to the events in Mindanao, after Congress and the Executive have lost their will to handle the problematic issue of establishment of a new nation of Muslims in Mindanao? How else would the controversies fanned by investigations in Congress be resolved, except by the parties affected resorting to judicial intervention? And when the serious economic issues, such as imposition and collection of the eVAT, come to a head, where would the people head to but the august halls of the Judiciary?

In a climate of corruption, where a strong likelihood of a decision being catered to the highest bidder, would a litigant not exactly moneyed still have faith in the Judiciary and expect the decision on his case to be just and fair?

Something very controversial, vast in scope and far-reaching in its consequences to the nation, is most likely to occur, and necessarily requires the intervention of the Judiciary for final resolution. It could very well be that issue over the new Muslim nation, which is threatening to become a sovereign state by itself. But in today’s climate of uncertainty, would a scandal-wracked Judiciary deserve to be the final arbiter, or even be considered as one? If the almost certain answer is in the negative, where would the aggrieved person go to, outside of the Judiciary?

Recourse to the Judiciary is always the last resort. If that last resort is already unavailable, on account of lack of trust by the people expected to rely on that last resort, what happens then?

If one were to speculate, could it be that the recklessness of our peace negotiators in ceding a big slice of Philippine territory to our Muslim brothers in the South was deliberate and contrived, designed to shove the nation into uncertain times, while the institution that could finally settle the issue struggles to cleanse itself and leave everything else to be resolved under an emergency situation?

Who stands to benefit from such a situation?

Elections are yet two years away in the constitutional scheme of things. From the speed with which developments in the national scene are pointing to the erosion of trust of the people in the Judiciary thanks to l’affaire GSIS-Meralco and its sub-plots, the elections may not necessarily be held as scheduled.

Start becoming afraid. Be very afraid. Something catastrophic might rend the national fabric, and somebody could end up ruling forever.



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Justice on the block

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

Justice on the block
Sunday, 08 03, 2008

The scandal — that’s what it is, buddy, and let’s not be euphemistic about it — that now engulfs the Judiciary over the case at the Court of Appeals (CA) between the Government Service Insurance System and the Manila Electric Co. (Meralco) has uncloaked a dark, transactional periphery of the justice system.

CA Justice Jose Sabio claims he was offered P10 million in exchange for his inhibition from the case, to guarantee Meralco’s winning the case. The purported transaction agent of the Justice’s (dis)services, businessman Francis de Borja, bristles at the claim. He says it was the honorable Justice who gently but unmistakably laced their coffee-shop banter with a comment that went something like this: For P50 million, I will decide the case the way you want me to.

Whichever version is to be believed, it looks and smells like the Judiciary is still littered with the nauseous filth and dirt of corruption, despite the Herculean efforts of Chief Justice Reynato Puno to rid this Augean stable of the bulls in robes (the judges) and the bullshitters in barongs (the lawyers).

I mentioned yesterday in my column the travails of columnist Jake Macasaet, who was simply telling the truth about a fictitious payee of a check for P2 million supposedly for “PR for the Supreme Court.” It turns out that a lawyer was instrumental in substituting his name for the fictitious payee, pocketed the entire swag for himself, but made it appear that it was to be used as bribe to secure a favorable court decision.

Thankfully, it was established after investigation that no one from the Court was involved, and no money ever reached anyone in the Court. Now the lawyer is neck-deep in shit creek: the Court established that in the circumstances surrounding the preparation and encashment of the check and the ultimate beneficiaries of its proceeds, the lawyer was “lying through his teeth.” He now faces the cold comforts of being cited next by the Court for indirect contempt, or facing another disbarment complaint, or being cited as a respondent for violation of the law on estafa.

And take the case of this lawyer being investigated for a similar charge before the Sandiganbayan. His name is also connected to millions of pesos supposedly intended for “PR” for that court, in exchange for the issuance of a temporary restraining order. The facts established by the Supreme Court in its resolution of July 22, 2008 in the other case, very well establishes the modus operandi of lawyers who appear to have perfected the art of stuffing their own pockets with money intended for “PR.”

The lawyer has come a long way, whenever Lady Justice is looking the other way.

But sometimes money ain’t just enough.

A lawyer had the gumption and the temerity of erasing the name of a nominee in a party-list organization’s Certificate of Nomination, and then substituting his own name. Then he asked to be proclaimed and take his seat at the House of Representatives. The party-list organization was quick enough to discover the lawyer’s duplicity, and contested his petition to be proclaimed.

Insiders at the Commission on Elections were talking about how the lawyer would again use the persuasive power of his PR boodle to buy a decision favorable to him. Didn’t work this time — the Comelec declared that the lawyer had in fact substituted his name. The last time I heard, the legal beagle was facing a disbarment complaint filed by the party-list organization.

If the revelations in the Senate investigation into the Swine Fund Scam are to be believed, even non-lawyers are now getting gargantuan attorney’s fees.

How does one justify the payment of P14 million in attorney’s fees for a transaction between two government agencies, a transaction that uses form documents and does not even need a lawyer for its execution?

Cito Beltran of The Philippine Star has this very insightful comment: “We certainly need to shoot any bribe giver who would dare to approach the bench or the men and women of the court, believing our judges and justices can be paid and bought like prostitutes or a pound of pork at the meat market. In like manner, we need to rattle Congress and the Supreme Court to awaken them to realizing that in their failure to work together they have inadvertently robbed the people of Justice for all.”

By all means, let’s all shoot the bribe givers - in their knuckles and kneecaps -and let them live out this shame for the rest of their lives.

Bribery is the scourge of the Judiciary. The sooner we get rid of lawyers and non-lawyers who lock in their money or their client’s in exchange for their own brand of instant commercialized justice, the better it is for all of us who must stand and wait and not get justice at all.

The Integrated Bar of the Philippines needs to clear up the dockets of its Commission on Bar Discipline (IBP). Many cases have been pending for many years now. For instance, a lawyer has been charged many times over for the same nature of grave misconduct by different complainants. He got a mere rap on the knuckle (only suspension for three months) in one case, and the other cases against him have yet to be resolved. How many more disbarment complaints will have to be filed against this lawyer before the IBP realizes that it must resolve the pending cases against the lawyer, lest a desperate complainant goes out of his head and heed Cito Beltran’s advice to shoot the lawyer?



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