Friday, April 15, 2011

Krusada: Whistleblowers


By Nathalie Blanco

Multimedia producer, Krusada
ABS-CBN News
Anchor: Karen Davila
“The truth shall set you free”—or does it really? Being free is almost always relative, especially for whistleblowers who testify against the biggest of names, exposing corruption and anomalies particularly in the government.
Their testimonies are mostly publicly heard in senate hearings. To be clear, however, hearings of Senate committees are not court proceedings. Even when a person is found to be guilty, the Senate does not have the power to enforce a sentence upon him.
Still, witnesses or whistleblowers in this case, are expected to bring out all their knowledge and speak of nothing but the truth as their testimonies are to be used “in aid of legislation”. But as they put their lives at stake by speaking out, how are they being given protection by the government? Are they being guarded at all?
In almost six years, Archbishop Oscar Cruz has taken five whistleblowers under his wing, including Sandra Cam and Boy Mayor. He has become an expert in terms of counseling and understanding the challenges of being a whistleblower.
According to him, there are three chapters in the life of a whistleblower. First, he will speak out. Second, the people will believe him. Third, his life will be threatened. A whistleblower’s life can turn out to be a complete chaos—but in exchange of what exactly?
ABS-CBN News anchor Karen Davila has personally interviewed the case studies when they surfaced to “blow the whistle”. It is a fact that many people who have seen corruption do not even consider coming out in the open because of fear of retaliation and fear from persecution—but these people took the risk. What happened when they decided to brave the odds? How did their lives change since then?
Sandra Cam
Sandra Cam approached Karen in June 2005 to expose the Jueteng (illegal numbers game) payola (bribe or payoff) scam in Bicol which allegedly involved former First Gentleman Mike and son, Mikey Arroyo; Congressman Iggy Arroyo and Bicol police Regional Director General Restituto Masqueda.
She said her turning point prompted her revelation. Sandra claims that she was forced by then-retiree Mosqueda to ask the gambling lords to increase his “pabaon” (send-off gift in cash). She recalls how frightened she was, as she did not know them personally—only by name.
After her exposé, she was invited by the Senate Blue Ribbon Committee to discuss the allegations. Since then, Sandra, together with fellow whistleblowers Boy Mayor (who was ambushed and killed in February 2010) and Archbishop Oscar Cruz became regular faces on television.
She believes that while their stint gave them celebrity status, it also took away their normal lives. The loss of freedom, income and “friends” greatly affected her family; her children had to stop schooling for a year. Sandra compared herself to a leper whom people turn away from, not wanting to be involved with.
Gaining more enemies is inevitable for whistleblowers. Sandra apologized to her children countless times for jeopardizing their safety as well. She accounts how Senate President Franklin Drilon revoked her security last December 21, 2005, even when the issue was still hot. She tried to question the decision to no avail.
“Tuwing lalabas ako ng bahay, kalahati ng katawan ko, patay na ‘yan.” (Everytime I leave the house, half of my body is already dead.)
What made things worse was the unavailability of a Witness Protection Program. Speculations of discrimination arose as Sandra went on for a head-on collision against the Arroyo administration. With almost no money and support, they reached the point where they begged for sustenance in the Senate. Sandra was in tears because of their situation.
“Ang tingin sa amin ng mga tao doon, nagme-Merry Christmas kami.”
(People there looked at us as those seeking for Christmas donations.)
Only one senator contributed; it was worth a thousand pesos. Since there were three of them, they received around P300 after splitting the cash.
In her five years as a whistleblower, she was only granted support by giving her security while in the Senate. She was not even given a place to stay—even temporarily. It was former president Joseph Estrada who gave her a house to stay in while she is in Manila. She does not have to save up for rent but says that she pays for the house bills herself.
Sandra left the Philippines to work abroad in 2006. She worked in Dubai for six months in order to sustain her family’s needs, especially her children’s education. For her, neither giving up nor accepting P100 million cash bribe was an option.
Sandra was offered the amount one evening, in exchange for her and her family’s departure from the country. She easily declined the offer.
“Una, ayokong pakainin ang mga anak ko sa perang ganoon ang pinanggalingan. Pangalawa, pwede nila akong patayin noon. So nabayaran ako, sinira na nila ako, pinatay pa ako.”
(I did not want to feed my children using that kind of money. Second, they could have killed me then. [If I had taken it], I would have been a pay-off, then they would have destroyed me and then they would have also killed me.)
Due to neglect and non-grata, Sandra has expectedly harbored a feeling of resentment towards the government.
“Itong gobyerno natin, ikaw ang magsasabi ng totoo, pag-piyestahan ka, pagtapos, thank you.” (Our government will feast on you when you tell the truth but after that, you only get a ‘thank you’.)
Jun Lozada
Engineer Jun Lozada exposed the corruption behind the NBN-ZTE deal in 2008 where millions of Pesos were allegedly pocketed by then First Gentleman Mike Arroyo and COMELEC Chairman Benjamin Abalos. Like Sandra, his whole life turned 180 degrees since surfacing as a whistleblower.
“It’s a very humbling experience”, Jun recalls.
His family’s lifestyle has changed dramatically. They sought refuge to La Salle Greenhills for more than three years where he and his family shared a room. Since then, they no longer had the freedom to travel or eat out as a family like they used to.
Because of the complication of their situation, the family suffered. The crisis became too difficult to bear that Jun and his wife often fought while one of his sons attempted to commit suicide—it was the scariest time of his life being a whistleblower.
“Singilin mo na ako lahat, sarili kong buhay, kayamanan, lahat… Huwag lang ang buhay ng anak ko.”
(You can take away everything, my life, money, everything… Just not my son’s life.)
He is grateful for the support of the church especially for helping him keep his family together. Jun remained strong as he continued to fight for the truth and justice despite all the tribulations.
Instead of support, the government burdened him with flak, as he specifically pointed out the President’s husband and ally to be the faces of corruption behind the infamous deal. In addition, numerous cases were filed against him by the ombudsman and are still to be withdrawn at present. Furthermore, his office was raided without a search warrant and the kidnapping charges he filed against former President Gloria Arroyo were dismissed the same time an arrest warrant was issued against the Ampatuans.
“Marurunong sila eh. They know walang pi-pick-up ng kwento ko.”
(They’re good. They know no one will pick up my story.)
In the face of severe backlash, Jun’s faith was unwavering. He was able to reject the temptation of accepting the P700 million offer in exchange of his silence regarding the NBN-ZTE deal.
Jun says he made a pact with God when he was kidnapped. At that time, he thought his life will be over. He said that he spoke to God that if he could give him more time, he will use the remaining years of his life serving Him and doing what is right.
Sergeant Vidal Doble Jr.
The “Hello Garci” scandal of 2005 is an electoral crisis that outraged Filipinos, instigating calls for resignation and impeachment complaints against former President Gloria Arroyo.
Arroyo allegedly rigged the 2004 national election to win against Fernando Poe Jr. as well as to secure the victory of her allies. The scandal involved audio recordings of a phone call conversation between her and Election Commissioner Virgilio Garcillano (Garci).
The star witness: Technical Sergeant Vidal Doble Jr., former Armed Forces of the Philippines (AFP) intelligence agent. His testimony shook the Arroyo administration, until the president gave in and asked for a public apology. Arroyo declared that the voice on the tape was hers but did not intend to rig the election results. She further stated that making the call was a “lapse in judgment”.
He expected his family to support him but says his wife was allegedly used to destroy his credibility—charges of concubinage were even filed against him.
Sgt. Doble lost his job and benefits after testifying against the Arroyo administration. His father lost his pension as well.
“Pinaghirapan niya ng 33 years of service na pagiging loyal niya noon, pati iyon pinutol ng mga alipores ni Gloria.”
(He worked hard for that 33 years of service, he was loyal to them. But Gloria’s allies even took that away.)
At the moment, the former intelligence agent is no longer expecting to receive assistance from the Witness Protection Program of the Department of Justice (DOJ). The secretariat has declared its expiration in February despite his constant efforts to follow up what was just previously for re-evaluation.
The educational allowance being offered for his child is a measly P250 per month—he could not even afford a single book with it.
Colonel George Rabusa
A stroke served as a wake-up call for Col. George Rabusa to testify on the issue of the “Pabaon” System in the military. He fervidly wanted to clean his name of the other offenses being accused of him as well as to clear his conscience.
“My relatives hated me when I was charged with these numerous cases from plunder to forgery.”
Col. Rabusa said that the loss of his friends from the military will not outweigh the great support from the public for his crusade everywhere he went.
“I want to clear my soul, my mind, everything about my pagkatao. So choosing between the two, mas maganda itong ginawa ko.”
(I want to clear my soul, my mind, everything about my being. So choosing between the two, what I did was for the better.)
Unlike the other whistleblowers, Col. Rabusa received security and allowance from the Witness Protection Program. He is escorted by bodyguards whenever he travels and lives in their safehouse. He also receives P6,000 grocery allowance every month.
Because only fellow whistleblowers clearly understand his plight, Col. Rabusa often speaks to Jun Lozada who seeks to help him prepare for the life that awaits him. The colonel has no other emotional support system as his family lives abroad.
Witness Protection Program vs. Whistleblower Protection Act
Sen. Teofisto Guingona, Head of the Senate Blue Ribbon Committee, pronounces the importance of whistleblowers. He says that without them, it is probable that a lot of crimes such as corruption will not be brought out in the open and become even more rampant more than ever.
The DOJ allocates P10 million for the Witness Protection Program every year. This is the budget for escorts, safehouses, as well as for medical and educational assistance. But these benefits are not to be given for a lifetime; only until their lives are threatened.
Once the threats have died down, the whistleblowers can be released. But before doing so, they are to be aided in establishing livelihood. They can also be assisted in getting a visa to migrate abroad or in some cases, get new identities.
Presently, whistleblowers have to be taken under the Witness Protection Program of the DOJ to receive protection and benefits. But as seen in the cases of the whistleblowers featured, conflicts arise when they go in opposition to the incumbent administration. If that is the case, where will they turn to?
To alleviate the struggles of whistleblowers, Senator Miriam Defensor Santiago drafted the Whistleblower Protection Act in 2004.
The act gives the Congress the legislative cover to allocate funds for the whistleblower’s protection and benefits. Senator Francis “Chiz” Escudero, Head of the Senate Committee on Justice and Human Rights, takes Jun Lozada’s case as an example.
“Yong housing ni Jun Lozada, walang authority ang Senado na gawin iyon kahit na nag-appear siya sa Senado. Ang hanapbuhay o pagkain para sa asawa’t anak niya, hindi pwedeng ibigay ng Senado. Pero sa ilalim ng proposed bill na ito, pwedeng gawin ng Senado, ng House [of Representatives], ng PAO, ng CHR.”
(The Senate does not have the authority to give Jun Lozada’s housing even when he appears before the Senate. This includes the livelihood and food for his wife and children. But under the proposed bill, this can be given by the Senate, the House, PAO or CHR.)
The proposed law also guarantees the protection of whistleblowers against retaliation through the Non-discriminatory clause. Whistleblowers cannot be discriminated in the workplace, whether government or private.
The Whistleblower Protection Act is promising; but will it remain as a false hope for whistleblowers? Until the proposed law is enacted, whistleblowers continue to fret for their lives; but Sandra Cam, Jun Lozada, Sgt. Vidal Doble and Col. George Robusa will never regret their decision in revealing the truth, regardless of how much it costs. March 10, 2011

No comments: