Sunday, August 24, 2008

Arroyo is Finished under UNCAC

by Frank Wenceslao

Although I'm not a lawyer I read with great interest ex-Chief Justice Artemio Panganiban's column on Inquirer.net.

His recent piece concerning US jurisprudence affecting Filipinos confirms a Pamusa volunteer counsel's opinion that the UN Convention Against Corruption (UNCAC) enforced by US laws pursuant to President Bush's International Initiative to Combat Kleptocracy has made American jurisprudence more applicable to Filipinos. Excerpts from the UNCAC international cooperation provisions are effective tools to fight corruption in the Philippines, to wit:

"Countries agreed to cooperate with one another in every aspect of the fight against corruption, including prevention, investigation, and the prosecution of offenders. Countries are bound by the Convention to render specific forms of mutual legal assistance in gathering and transferring evidence for use in court, to extradite offenders. Countries are also required to undertake measures which will support the tracing, freezing, seizure and confiscation of the proceeds of corruption.

"In a major breakthrough, countries agreed on asset-recovery, which is stated explicitly as a fundamental principle of the Convention. This is a particularly important issue for many developing countries where high-level corruption has plundered the national wealth, and where resources are badly needed for reconstruction and the rehabilitation of societies under new governments. Reaching agreement on this chapter has involved intensive negotiations, as the needs of countries seeking the illicit assets had to be reconciled with the legal and procedural safeguards of the countries whose assistance is sought.

"Several provisions specify how cooperation and assistance will be rendered. In particular, in the case of embezzlement of public funds, the confiscated property would be returned to the state requesting it; in the case of proceeds of any other offence covered by the Convention, the property would be returned providing the proof of ownership or recognition of the damage caused to a requesting state; in all other cases, priority consideration would be given to the return of confiscated property to the requesting state, to the return of such property to the prior legitimate owners or to compensation of the victims."

Under UNCAC, corrupt current and former government and political officials, their immediate family members and close associates, or private individuals and businessmen that colluded with them may be charged for violation of US laws such as the Racketeering Influenced and Corrupt Organizations (RICO) Act.

That is why Gloria Macapagal Arroyo is finished. Expect her to resort to every means to attain Charter-change to remain in power and enjoy immunity from suit in order not to be indicted for corruption under US laws and human rights violation for over 800 extrajudicial killings perpetrated by the military making her culpable as Commander in Chief possibly to be tried at the International Criminal Court in The Hague.

It's undeniable that on top of the most corrupt administration putting Filipinos to shame, Arroyo has probably committed treason in at least three (3) instances, to wit:

1. The Memorandum of Agreement (MOA) signed by the Philippine National Oil Co. with its Chinese Government counterpart for joint petroleum exploration of South China Sea islands so detrimental to the Philippines to obtain an $8-billion loan from the Chinese Government for corruption-tainted projects such as Northrail, Southrail, ZTE-NBN, Education Department Cyberspace and others. The ZTE-NBN deal has emerged to be hugely overpriced and would unduly benefit Benjamin Abalos so the Commission on Elections would go along to establish the framework for Cha-cha through people's initiative and the shift to parliamentary system, thus Arroyo would be prime minister and head of government.

Clearly, Filipinos would be bought to approve Cha-cha with the loan they would eventually repay in years to come to keep Arroyo in power maybe longer than Marcos. In retrospect, Jose de Venecia was booted out as Speaker because Arroyo didn't want him as competitor for PM.

2. In order that Arroyo would be removed from a list of kleptocrats banned entry to the US under Bush's "No Safe Haven" policy denying them to enjoy fruits of corruption, she conspired with US Ambassador Kristie Kenney and offered a new military base in Mindanao. This is reportedly a "secret" agreement Arroyo had with Bush during her last US visit.

3. The military base is prohibited by the Constitution. Hence, peace in Mindanao by way of the MOA with MILF was resorted to for the creation of Bangsamoro, a state within a state that would conduct its own foreign relations and enter into treaties with foreign countries. However, Bangsamoro would first require Cha-cha.

Arroyo is expected to resort to other schemes like federalism to push Cha-cha announced by Malacañang. Our leaders should know better; Cha-cha should be put off after 2010. God forbid, Arroyo would simulate a crisis for the military to "protect the state" and suspend the 2010 elections to allow her to continue as acting President.

That's why our political leaders and all Filipinos at home and abroad should unite to press Arroyo to step down sooner rather than later. She's like a caged tiger now and up to no good each day she remains in power. Or else, Arroyo would face these consequences, to wit:

(a) Be impeached by the House and removed by the Senate. Hopefully, members of Congress see the clear and present danger to the nation if Arroyo were allowed to continue in office any longer. Besides, Arroyo cannot undo the damage she has inflicted on the nation the past seven years in the months she's left in office. In fact, like a fast spreading cancer, Arroyo's presidency should be terminated forthwith; or

(b) Pamusa would initiate legal actions in the US with the help of all patriotic Filipinos at home and abroad for the full force and effect of the UNCAC and Bush initiative to befall Arroyo, her immediate family members and close associates including politically well-connected individuals and businessmen that colluded with them.

Perhaps, Vice President Noli de Castro would assure Arroyo full pardon if she steps down immediately on condition she'd negotiate settlement and turn over part of her family's ill-gotten wealth to the government that in effect would also amicably settle the charges of public corruption Pamusa is ready to file under US laws.

(fcwenceslao@hotmail.com)




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