Corruption exacerbates disaster

Frankly Speaking
By Frank Wenceslao

Enrile, Estrada, and Revilla

To appreciate the impact of this column on the people of Bohol in the wake of the 7.2 magnitude on the Richter scale earthquake that hit the island let’s imagine if so much funds weren’t lost to corruption or, for instance, had Janet Lim Napoles and co-conspirators in Congress had not been born, how much faster and easier the government could mobilize aid to alleviate the sufferings of the people affected and rehabilitate the destroyed infrastructure.

Napoles and alleged co-conspirators have the temerity to face the media (kapalmuks) thumb their noses that the government couldn’t prove the crimes beyond reasonable doubt; hence, she could even walk. By the way, the term “kickback” is a misnomer in calling Sen. Juan Ponce Enrile’s P172, 834,500 as his “kickback” from the proceeds of ghost projects his pork barrel allocation should’ve gone to; Bong Revilla, P224, 512,500; and Jinggoy Estrada, P183, 793,750.

What the three Senators got were government funds intended for their pork barrel project(s). But by agreeing with Napoles to spend the funds and return to them the respective unspent amounts above, that’s pocketing public funds or grand larceny and, if any portion thereof, were used for personal purpose for the construction of Sen. Jinggoy Estrada’s house, for instance, it’s a violation of RA 1379 – forfeiture to the state of any property or anything of value acquired unlawfully by a government official or employee which is not subject to any statute of limitation. It’s at the same time incontrovertible evidence of violating the anti-graft law (RA 3019) which is easier to prove than plunder because the prior criminal act.

Hence, through forensic audit the BIR should investigate unlawful income and probable tax evasion with the AWLC looking into the transfers of unlawful income to overseas bank deposits with Estrada in danger of facing additional criminal charges of violating US laws, e.g. Foreign Corrupt Practices Act, conspiracy, US anti-money laundering and other financial crimes which are easier and faster to prosecute than in the Philippines. This goes for everyone else that has conspired with Napoles for whom US laws will be enforced without mercy

Those facing the same charges such as former chiefs of staff or aides of the lawmakers—Jessica Lucila “Gigi” Reyes (Enrile), Richard Cambe (Revilla), Ruby Tuazon (Enrile/Estrada), Pauline Labayen (Estrada), Jose Sumalpong and Jenanette de la Cruz (Lanete), Erwin Dangwa and Carlos Lozada (Dangwa) with other co-conspirators can either be charged in the US or extradited to be charged in the Philippines.

Unfortunately, it takes the government too long to try criminal cases at the level Napoles et al.’s cases will reach because of the public administration’s structural inefficiencies explained below.

Perhaps, this is another manifestation that President Aquino is “hulog ng langit” and Pamusa is his weapon to strike a fatal blow against graft and corruption. I received an email from a Filipino American, a PhD in Public Administration, who’s nearing the conclusion of a study that inter-agency government ad hoc bodies (AHBs) such as boards, committees, councils, etc. have gone out of fashion as a means of government-problem solving. In my enthusiasm to let those involved in fighting corruption at home led by Justice Secretary de Lima to spark attention, I relayed the incomplete conclusion quoting the FilAm, who’s agreed to be Pamusa’s adviser, that relying on AHBs leads to similar definition of insanity by Albert Einstein, i.e. “Doing the same thing over and over again and expecting different results.”

I hope De Lima and Executive Secretary Paquito Ochoa whom I’ve similarly advised would agree that AHBs don’t succeed in fighting graft and corruption in poor countries like the Philippines. Our adviser who heads the study for the think tank he’s now working with is convinced the main cause of AHBs’ failure and, in this respect, government-problem solving is that inadequate resources are spread so thin – the most important of which are manpower and time – into what may be called “physical absurdity.” It’s not physical impossibility to which resources can be added or replenished and give a program a chance of success although the resources are often short of what’s needed, too late, or both.

President Marcos made a joke perhaps to show his losing confidence in AHBs. When told that NEDA chief Gerry Sicat we’re waiting for won’t be able to attend the meeting, Marcos told us that Sicat couldn’t come because it’s raining heavily and with all seriousness said, “At least we won’t create a new committee today.”

Marcos couldn’t stop laughing after adding, “Every time I asked Gerry to solve a problem, he’d come back and offer to create a committee.”

Marcos must’ve felt then that AHBs were becoming useless. AHBs are often composed of officials and staff overloaded with the regular responsibilities and work requiring fulltime attention in their offices. Their main offices share resources with AHBs they are members of. Hence, so much time is lost without considering Manila’s traffic and social activities the officials attend when heads of DOJ, OMB, PCGG, COA, etc. have to attend one or more AHB meetings outside their offices forcing them to leave even when their physical presence is absolutely needed. Consequently, much work is left unfinished and staff members make important decisions they aren’t equipped to do.

When top deputies are also needed to attend other meetings, the next rung of assistants with diminished understanding of subject matters for discussion attend AHB meetings resulting in nothing useful to solve serious problems. The usual excuse is the deputies, the assistants, or lower-echelon staff members take notes or minutes of meetings which the heads of offices can read anyway. But there’s always the danger secret matters leak because nobody knew if those attending a particular meeting, say, to discuss arresting suspects to stop criminal activities have had proper security clearance or can be relied upon not to make a fast-buck out of the secret such as that led to the premature retirement of an NBI chief.

It’s therefore much better to retain outside service providers to conduct studies and investigations like law offices, accounting firms, auditors, asset-search detectives, or nonprofit anticorruption entities sworn to the codes of ethics or professional responsibility of their respective organizations under pain of perjury or obstruction of justice, which in the long run is less expensive than AHBs.

In almost all cases now, the USG constitutes commissions of specific purpose and work duration whether it succeeds or not. Composed of experts the members sign contracts to serve for the whole period of the commission’s life. This is another innovation that Aquino can leave as a legacy which he can test in the two years he’s still left in office.

Putting this in perspective, the Aquino administration has over 2-1/2 years more to run. It’s a fact that when a national leader loses the majority of people support, he becomes a lame duck and can no longer effectively govern. This is the problem President Aquino has to address now.

De Lima and Ochoa can gauge the impact on public perception and at least reverse the waning interest the government can bring Napoles et al. to justice and recover the funds lost to the pork barrel, Malapaya and Accelerated Disbursement Program (DAP) scams before the end of this administration. Unless collateral US legal actions are filed sooner rather than later, the Aquino administration would end like a hunter without gunning a prey. More so, when there’s a rising perception in the FilAm communities that former Chief Justice Renato Corona has also been a victim of Napoles’ scams.

(fcwenceslao1034@gmail.com)