Breaking down the culture of impunity

 

 

It all started with the Marcos dictatorship. In two decades of iron rule, Marcos perfected a system of oppression that knew no bounds, without fear of punishment for illegal wrongdoing for in his own mind his word is the law. Thousands had been killed, jailed and had disappeared. Torture and extrajudicial killings were widely practised with no one brought to the halls of justice for human rights violations.

 

The Marcos years spawned a culture of violence and impunity, and his successors would quietly condone the practice of extrajudicial executions and disappearances of those who voiced their protests against the government. Violence and impunity have become a way of life for the state, so pervasive they have been ingrained into our culture.

Remembering the victims of the Ampatuan massacre, 58 people, 
32 of them journalists, who were brutally murdered 5 years ago in
Maguindano province.

In June 2013, during the World Economic Forum East Asia in Myanmar, President Noynoy Aquino declared that the culture of impunity in the Philippines was over and invited investors to the country. Aquino said: “The culture of impunity is over. Much of what we have done is based on the belief that a sense of justice and the predictability of outcomes breed prosperity.” He added: “It is clear that good governance has created a climate of confidence in the Philippines. If there is no corruption, there will be no poverty.”

 

What was President Aquino thinking? Is he from another planet?

 

I had an almost similar serendipitous experience about two weeks ago in an Internet forum when I brought up the issue of culture of impunity as a stumbling block to a fair, accessible and efficient system of justice. A forum member asked if I was referring to the culture of impunity among lawyers in the bench and other high places. What?

 

It’s high time that President Aquino and like-minded people understand that a culture of impunity is neither caused by corruption or poverty, and that lawyers as a professional group are not responsible for fostering such culture. This a very serious matter and not something we could just quibble with.

 

Impunity simply means exemption from punishment, or the failure to bring perpetrators of human rights violations to justice. As such, impunity constitutes a denial of the right of victims to justice and redress.

 

The Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity of the United Nations Commission on Human Rights defines impunity as “the impossibility of bringing the perpetrators of violations to account – whether in criminal, civil, administrative or disciplinary proceedings – since they are not subject to any inquiry that might lead to their being accused, arrested, tried and, if found guilty, sentenced to appropriate penalties, and to making reparations to their victims.”

 

Now that we have a clear idea of what impunity means, perhaps we can begin a thorough understanding of what we need to do to combat this pervasive culture of impunity in our country.

 

For journalists alone, the Philippine Centre of Media Freedom & Responsibility reported that an average of six per year is killed for their work. This number may be lower compared to the Gloria Arroyo regime but the number of slain journalists under the Aquino presidency has surpassed those of the administrations of Fidel Ramos and Joseph Estrada.

 

The Centre fears that this continuing violence against journalists will not abate before the end of Aquino’s term in 2016, which shows the failure of the Aquino administration in preventing attacks against the press.

 

The killing of journalists is linked to the larger culture of impunity when wrongdoing of all kinds goes unpunished. For the thousands who had been killed or disappeared during the oppressive Marcos dictatorship, and for the continuing extrajudicial executions and disappearances, not one has been made responsible under the law for either their murder or violations of human rights.

 

Those in authority like the President or his loyal military officers exploit the long arm of the law in persecuting dissenters or those in their judgment are planning to overthrow the government. And if no one is prosecuted for violating the people’s right to express themselves by making them disappear or silencing them permanently through extrajudicial execution, the system of justice breaks down and it spawns a culture of violence.

 

Take the case of former General Jovito Palparan, who is alleged to be the mastermind in extrajudicial abductions and killings of government critics during his military service. Palparan earned the nickname “Berdugo” (“the Butcher”) for his alleged involvement in numerous human rights violations, such as the murder of Edwin Marcellana and Eddie Gumanoy, and the disappearance of University of the Philippines’ student activists Sherlyn Cadapan and Karen Empeno.

 

In 2006, the Melo Commission headed by former Supreme Court Justice Jose Melo rendered a report which concluded that most of the killings of militant activists and journalists were instigated by the military, and recommended that General Palparan and other military officials be held liable. Yet then President Gloria Arroyo did nothing to prosecute Palparan but instead continued with greater impetus the execution of Oplan Bantay Laya, her government’s anti-insurgency operations.

 

Now that Palparan has been arrested after being on the lam for three years, it is highly doubtful if the government will be serious this time around. Palparan is charged with the kidnapping and serious illegal detention of UP students Sherlyn Cadapan and Karen Empeno.

 

According to Senator Antonio Trillanes, once a navy officer, General Palparan only followed orders during his time in the armed forces. In other words, he was just doing his job. But Trillanes has forgotten, or perhaps, he didn’t know, that the defence of following orders has already been debunked by the Nuremberg trial and succeeding cases. Besides, military generals are not strangers to the concept of command responsibility. Maybe, Trillanes was simply channeling himself, a convicted mutineer who staged a coup against his commander-in-chief, that he himself was not fully punished for the crime of rebellion and why should Palparan be made liable when he was simply doing a heroic job to fight communism in the country.

 

Chances are, the prosecution of Jovito Palparan will drag on until the press is no longer interested to report about him, exactly what’s happening to the Ampatuan massacre whose trial is yet to be set down. Five years ago, 58 people, 32 of them journalists, were brutally murdered in Maguindanao province, a most gruesome and brazen massacre in Philippine history. It was the worst attack on the press in history and the most violent single election-related incident in the Philippines.

 

The court proceedings have only dragged on under the watch of President Noynoy Aquino whose administration has shown little interest in pursuing justice for the victims of the massacre. Despite strong international outcry, many are being led to believe that the massacre would end up as another statistic in the long list of unsolved political killings in the Philippines. 

 

Just consider some of the grim realities surrounding the trial: four witnesses have been killed so far, obviously to prevent them from testifying; authorities have failed to arrest 98 suspects who remain at-large; 41 accused policemen have been granted bail because the evidence is found not strong; the head of Army’s 601st Brigade who turned down the victims’ request for security escort has been promoted despite the massacre; allegations that the prosecution team has accepted bribes; and the continuing threats on the victims’ relatives and pressures that they settle amicably with the Ampatuans.

 

President Aquino was criticized before for dismissing media killings as not always work-related. According to the International Federation of Journalists (IFJ), a total of 33 journalists have been killed in the line of duty since Aquino took office in 2010 and the President is still bedazzled why. Perhaps this could also explain why he doesn’t understand what a culture of impunity is.

 

On her part, Supreme Court Chief Justice Lourdes Sereno highlights the problem as one of procedural weakness in the justice system, where the courts lack the capability to execute their own writs and processes. In one of her rare public speeches, the Chief Justice admitted that the courts have no means to serve arrest warrants and have little resources to ensure the protection of their servers from the very real threat of retaliation.

 

The culture of impunity is a real enemy, and the indifference of President Aquino has only emboldened those in power to entertain no trepidation in eliminating their most vocal critics and opponents, not excluding those in the media. Offering a lame excuse like the Chief Justice’s most important dilemma in enforcing the law will not solve the injustice in our system. It’s a frame of mind, a way of thinking that has been implanted in our psyche by the long years of dictatorship under Ferdinand Marcos. T

An art exhibit marks the 5th anniversary of the Ampatuan massacre.

The Philippines has an enviable record when it comes to signing up-to-date human rights treaties and ratifying international conventions and agreements, but without a determined and robust prosecution of violators and torturers, all these human rights commitments become empty promises.

 

What must be done?

 

For starters, set down the Ampatuan case to trial, without any more delays, or ifs and buts. The President needs to set aside his ego-bruising experience when the Supreme Court overturned the Disbursement Acceleration Fund. He should extend his hand to the Chief Justice in working together to ensure and secure justice to the victims of the Ampatuan massacre.

 

Next, release all political prisoners and put an end to the state position of repetitive denials that the Philippines does not have political prisoners. In dismissing the existence of political prisoners, the Aquino administration is only replicating the same pronouncements of the Marcos dictatorship which started the practice of rounding up and detaining government protesters.

 

As of November 2014, there are 491 political prisoners in the Philippines, 220 of them were arrested during the current regime. There are 43 female political prisoners, 53 are ailing, 42 are elderly, and six are minors.

 

By releasing all political prisoners, the government will acknowledge that they are not the enemy of the people but the plunderers and those who perpetuate violations of human rights. These are the true enemies of the people who should be jailed.

 

Lastly, establish a genuine Truth and Reconciliation Commission that will be tasked with the final investigation of all past political crimes committed by the state, including illegal imprisonment of those who criticize the government, extrajudicial executions and disappearances. The late President Corazon Aquino decided not to establish such commission after Ferdinand Marcos was deposed apparently because of pressure from the military which was responsible for most of the atrocities and violence committed by the Marcos regime. Most countries who wanted to break from the past like South Africa, Chile, Argentina and others have gone this route and benefitted immensely from the findings and recommendations of such commissions.

 

But we are not talking of a fact-finding body such as the Philippines Truth Commission that was established by Noynoy Aquino upon his ascendancy to the presidency in 2010. Such commission was invalidated by the Supreme Court for violating the equal protection clause for singling out the Arroyo administration. That commission was tagged by the court as vindictive and focused on selective retribution. 

 

Picking up on the Chief Justice’s suggestion of promoting a counter-culture, which she did not define, to the culture of impunity, the words of the Nobel laureate, Elie Wiesel, seem apt for us to take to heart: “There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.”

Bad exemplars of good

 

 

History seems to repeat itself quite frequently. Such as a brain cramp I had recently, but unintentionally, which people in my present age would describe as a minor lapse in senior moments.

 

I’m talking about the Hyatt 10, and whether it left us with a noteworthy political legacy or that it was in the grand scheme of things simply an irrational, thoughtless and high-minded display of moral superiority, self-righteousness and arrogance. Perhaps, one might even call it an improbable shot or maybe a fart in the dark. 

 

Someone in an Internet forum I belong to reminded me of the courage of the members of the infamous Hyatt 10 in standing up to their boss, then President Gloria Macapagal Arroyo, when they demanded her to step down or else they resign. This happened in 2005 at the height of the “Hello Garci” scandal involving massive cheating and fraud during the 2004 elections that gave President Arroyo a full six-year term. The scandal precipitated attempts to impeach the President in Congress, and a public demonstration led by former President Cory Aquino asking Arroyo to resign.

 

Some members of the infamous Hyatt 10, left to right: Guillermo
Parayno, Cesar  Purisima, Florencio Abad, Imelda Nicolas, Teresita
Deles, and Corazon Soliman.  Photo courtesy of the Manila Times.



This member raised the ghosts of Hyatt 10, not just to remind me but also to re-educate me on the conditions in the Philippines, which I have left many years ago. Understandably, conditions have changed and I might not be familiar with them as she pointed out. But the emergence of wireless technology took care of that.

 

The Hyatt 10 came from a group of Cabinet secretaries responsible for the then Arroyo administration’s economic management and planning as well as those in-charge of social welfare ad peace negotiations with the country’s insurgents. The Hyatt 10 resignation was this forum member’s rebuttal to my post in the forum about the resignation of two high-ranking cabinet members of Japan’s Prime Minister Abe’s government that such similar resignations are unlikely to happen in the Philippines.

 

Of course, the comparison was off-tangent, without likeness. Prime Minister Abe’s cabinet ministers were elected in Parliament and resigned because of allegations of financial improprieties. The resignation was triggered by shame and the potential scandal to the government, a sacrifice or moral choice Japanese politicians are only too willing to take for the sake of a higher purpose.

 

The Hyatt 10 accomplices, however, were unelected and appointed to serve under the pleasure of the President whom they wanted to resign because they believed she had lost the trust and confidence of the people. It was unimaginable, for example, that an entire office staff would threaten to resign simply on the ground that their manager or supervisor has lost credibility. This was highly unprecedented and the Hyatt 10 never had any legal or moral ground to demand the President’s resignation, except for their arrogance and preconceived notions of moral superiority.

 

Yuko Obuchi, Japan's economy, trade and industry minister bows
during a news conference as she announces her resignation from
cabinet. Photo by Tomohiro Ohsumi/Bloomberg.

Whether Hyatt 10 was a resignation en masse or mass firing is not historically significant, save for the infamy it has engendered. President Arroyo served her full term of the presidency and left office with an improved economy. However, the allegations of fraud and plunder hounded her, which became the bane of her existence after stepping down from the presidency. She is now detained indefinitely pending trial, which is taking the Sandiganbayan an inordinate amount of time to set down.

 

In the meantime, some members of the Hyatt 10 were rehired by the current Aquino government. Florencio Abad, who was also Aquino’s campaign manager during the elections, has been appointed secretary of the Department of Budget and Management. Together with Janet Napoles, Abad has also been alleged as the true mastermind of the multimillion-peso pork barrel scam. He is also the author of the Disbursement Acceleration Program (DAP) which has been struck down by the Supreme Court as illegal and unconstitutional.

 

According to stories circulated in the news media, the steep decline in the popularity of President Aquino in poll surveys persuaded his sisters to prevail upon him to let go of Abad. But here came the Hyatt 10 again to the rescue, threatening the President with their resignation if Abad would be axed. Rumors kept swirling around that the President and some members of the Hyatt 10 were worried about detention in Crame after their term was over. It was the group’s instinct for survival that kept them to stick together. An article by a well-respected journalist has alleged that Abad threatened to expose the President about his involvement in the pork barrel scam and the illegal DAP if he were to be sacked, which suggested that the Hyatt 10 might be hijacking the President by putting a noose around his neck.

 

Dinky Soliman denied all the rumours about the Hyatt 10 ganging up on the President. One of the most outspoken members of the Hyatt 10 during their mass resignation in 2005, Soliman was rehired by President Aquino to her original cabinet post as Secretary of Social Welfare and Development, an appointment which took 4 years before it was confirmed by the Commission on Appointments.

 

Soliman expanded the Arroyo’s conditional cash transfer program, otherwise known as the Pantawid Pamilyang Pilipino Program (4Ps), but which was disparaged by many as a dole-out instead of assisting the poor to get out of their dire straits. She was also criticized for mishandling the relief efforts after Super Typhoon Yolanda hit the country in 2013, even admitting that her agency did not monitor funds given by private donors. Soliman’s detractors, however, were not successful in forcing her resignation as President Aquino stood by her as he did for Abad.

 

Another prominent member of the Hyatt 10, Cesar Purisima who was Arroyo’s Secretary of Finance and was appointed to the same position by President Aquino. Purisima was alleged to have played a significant role in the pork-barrel scandal and the illegal Disbursement Acceleration Program hatched by Budget Secretary Abad.

 

The recycling of the Hyatt 10 conspirators by the Aquino government shows the fungible nature of Philippine politics. Yesterday’s enemies are today’s allies. That is how easily exchangeable Filipino politicians are; there is no ideological basis for their loyalty and trust. If there is anything we can learn from the Hyatt 10 is the politics of opportunism.

 

To consider, therefore, that Filipino politicians, as suggested by my Internet friend, are capable of summoning the better angels of their nature like the Japanese is a huge overstatement. That they would give up their high positions in government to preserve integrity and honesty in government has never happened that frequently in the country’s history and political development. Former Senator Juan Miguel Zubiri resigned from the Senate when the election protest of Aquilino Pimentel Jr. was about to be upheld, thus proclaiming the latter as winner of the election. The same can be said about Senator Juan Ponce Enrile who stepped down as Senate President amid allegations of distributing cash gifts to senators when it was already clear at the time that he was going to be deposed.

 

There were only two significant incidents in Philippine history where the resignation of elected officials really mattered and were triggered by political convictions rather than by a false claim of moral ascendancy akin to the Hyatt 10 political motivation. The first happened during the Tejeros Convention in March 1897 where the first-ever Philippine presidential election was held. Emilio Aguinaldo was elected president over Andres Bonifacio who was acclaimed as leader of the Philippine revolution. Bonifacio humbly accepted his election as Director of the Interior but later withdrew when Daniel Tirona demanded that another person believed to be more qualified should be elected instead of Bonifacio who had no formal education and a lawyer’s diploma. Shamed and insulted, Bonifacio, in his capacity as Supremo of the Katipunan, declared the election null and void. He would later be executed by Aguinaldo’s men.

 

A similar incident happened in 1946 when Luis Taruc, leader of the Hukbalahap, and seven other colleagues from the Democratic Alliance were elected to the House of Representatives but the government of Manuel Roxas did not allow them to take their seats in Congress. The Taruc faction opposed the parity rights amendment to the Philippine Constitution that the United States required as a condition for payment of reparation for the Second World War. Consequently, Taruc and his men would return to the hills to take up arms against the government.

 

The Hyatt 10 resignation in 2005 and the 2014 revival of another of threat of resignation by the same group did not alter the political map nor engender the development of a higher sense of morality in politics among Filipinos. If there ever was a political statement that could be ascribed to the group, it would be that opportunism and arrogance are the necessary building blocks to a successful career in politics and government.

 

To embrace the idea that the Hyatt 10 or the members of President Aquino’s inner sanctum are beyond reproach and possessed with incorruptible qualities is almost analogous to a lowering of the standards of morality and integrity in government. If being fundamentally good is to have other people’s interests in mind, especially by people in authority or in government, then in order to be good, one must exhibit some genuinely selfless motivations.

 

This is not however the underlying motivation of the Hyatt 10, nor of the men or women in President Aquino’s cabinet, or perhaps of the whole body of the current Congress. Goodness and greatness are never the exceptional qualities of our elected leaders. In confronting our moral progress as a society, this cabal called the Hyatt 10 has failed us miserably, and by those who blindly follow their twisted path.

Manipulating public opinion

 

 

For the misled and deceived public, including those in supposedly intelligent discussion forums in social media, the word “manipulation” often has pejorative connotations, implying unfair or deceptive strategies. But the Webster Dictionary defines it more broadly as an act of change by artful or unfair means to serve one’s purpose. Manipulation therefore may be either artful or deceptive. If it is artful, people may show admiration; if it is deceptive, the reaction may be outrage.

 

When public opinion is manipulated by agents of the government and its friends in the media to deflect criticism of its policies or performance or for some malicious purpose like demonizing a sitting vice-president who’s seen as an unworthy successor to the incumbent president, the absence of public outrage is very disconcerting. Major newspapers and television networks carry in their daily reportage unfounded allegations of corruption against the vice president. Even the social media like Facebook and Twitter are replete with opinions or messages bordering on libel that assail the integrity of the vice president and his family for unexplained wealth and their political dynasty.

 

The manipulation of public opinion against the vice president is in fact distasteful and not very artful, although it creates the desired result of making him look guilty. It is clearly deceptive because the obvious purpose is to character-assassinate the vice president at this early stage. If successful, the vice president would be seriously handicapped in explaining his side before he even declares his official candidacy for the presidency.

Philippine Vice President Jejomar Binay

But the troublesome question is where the public outrage is. As usual, there is no conviction or finding of culpability, yet the public is being rushed to hang the vice president on the cross.

 

Spearheading the manipulation of public opinion against the vice president are two senators with similar dubious political records, Senators Antonio Trillanes and Alan Cayetano. Trillanes is a former navy officer and perennial coup d’état instigator who served more than seven years in prison for inciting rebellion against a duly elected government. He was elected while in prison and was officially pardoned by the current president so he could serve his term in the Senate.

 

Cayetano is a scion of a prominent political family. His wife is mayor of the city of Taguig and a former congresswoman, his older sister is also an incumbent senator, a younger brother is a congressman, and another brother is a former councillor of Muntinlupa. Allegations of corruption hound Senator Cayetano regarding pork barrel funds he received from the Priority Development Assistance Fund (PDAF), and his wife, for alleged overpricing in the purchase of multi-cabs for the city of Taguig.

 

This is like mud wrestling. Regardless of who wins, all are covered with muck.

 

Both senators have also made known their intention to run for the office of the President after President Noynoy Aquino steps down in 2016. The curious thing is how the public is being misled to believe that the vice president is a crook and the two senators are not. There are also reports that a powerful bloc supporting Aquino is responsible for the attacks against the vice president so that their own presidential bets will not be hamstrung by Jojo Binay’s presidential ambition.

 

Vice President Jojo Binay is not even the president; yet, he is now at the vortex of a political tsunami. President Aquino must be enjoying the political mudslinging in Congress and the ensuing publicity in newspapers and social media drama because they deflect all criticisms against his failings and shortcomings.

 

For instance, as the country suffers from continuing power outages and snail-paced traffic on busy thoroughfares, all President Aquino could do was to ask for more understanding and patience from all affected businesses and frustrated commuters. Aquino has even blamed (again!) his predecessor, former President Gloria Macapagal-Arroyo, for the problems concerning the Metro Rail Transit (MRT) and the Light Rail Transit (LRT). It’s estimated that the traffic gridlock alone is costing the Philippines close to P2.4 billion a day, which will grow to P6 billion a day in 2030.

 

Meanwhile, President Aquino is reportedly planning to ask Congress to grant him emergency powers to deal with the country’s looming power crisis. Here is one clear example of how the Aquino administration is trying to circumvent the Supreme Court’s decision to limit the executive’s budgetary and spending powers without congressional authorization by striking down the PDAF and DAP. Malice is evident in President Aquino’s ploy to use emergency powers so he could divert billons from the Malampaya Fund to the Liberal Party 2016 campaign chest. Since the Malampaya funds are disbursed at the sole discretion of the President, anything goes as far as where he or Budget Secretary Florencio Abad wants these funds to go. The Malampaya Fund could be the largest pork barrel at the disposal of the President, and it has not been investigated or audited because the fund is not subject to congressional oversight.

 

The President’s much-ballyhooed Pantawid Pamilyang Pilipino Program, a conditional cash transfer program aimed at eradicating extreme poverty in the Philippines by investing in health and education, is now considered by many as a failed social welfare dole-out. Patterned after the success of similar programs in Mexico and Brazil, the Philippine version is turning out more and more poor participants in the program. This prompted one member of Congress to criticize it as an impetus for poverty, instead of a solution.

 

Beyond just being a dole-out which was not the actual aim of the program, the government’s conditional cash transfer program has also become a veritable cash cow for corruption. It was reported that over P5 billion in conditional cash transfer (CCT) funds that were coursed through the Philippine Postal Corp. (Philpost) went missing and never reached the program’s intended beneficiaries. The irony of it all is this government-borrowed money, sanctioned by the International Monetary Fund, has been hijacked by corrupt government officials instead of being spent for the alleviation of poverty.

 

The President’s illegal Disbursement Acceleration Program (DAP) is yet to be fully accounted for. Considered as the President’s pork barrel, the DAP benefited lawmakers who were President Aquino’s party mates in the ruling Liberal Party. Senator Franklin Drilon, the sitting Senate President and a close ally of the President, is reported to have received P1 billion, the biggest allocation out of the total P10.08 billion in DAP.

 

Of the P1 billion DAP, Drilon got P450 million allocation for Jalaur Dam project, P150 million for the Iloilo River Development Program and P100 million for Iloilo Convention Center, all located in Drilon’s home province of Iloilo. Drilon’s unimaginable biggest share of the DAP could be one reason why Budget Secretary Abad is having problems releasing the list of lawmakers who received DAP funding.

 

Now, Senator Miriam Defensor Santiago wants the Senate to look into allegations of corruption in the construction of the Iloilo Convention Center reportedly funded through Senator Drilon’s pork barrel funds. Santiago wants Hillmarc’s Construction Corp., the contractor for the construction of the Iloilo Convention Center be investigated. This is the same contractor of the allegedly overpriced Makati City Hall Building 2, which is currently under investigation by the Senate blue ribbon subcommittee.

Artist's perpective of how Iloilo Convention Center would look like when
completed. The structure is a pet project of Senate President Franklin Drilon
and partly funded from DAP funds. Photo courtesy of Iloilo Business Park.

Senator Santiago is said to be interested to know how Hillmarc’s has cornered super-lucrative public works contracts. The 11-storey Makati City office and parking building is the subject of a plunder complaint against Vice President Jejomar Binay, his son Makati Mayor Junjun Binay, and several other Makati government officials. The Iloilo Convention Center, a pet project of Senator Drilon funded partly from his P200-million allocation from the Priority Development Assistance Fund (PDAF) in 2012 and P100 million from the DAP in 2013, is also said to be overpriced by P531 million.

 

In the past, Hilmarc’s has constructed several other government buildings which include the city halls of Bacolod and Calamba, the House of Representatives Annex Building, the Sandiganbayan Centennial Building, the Quezon City Museum, the Bangko Sentral ng Pilipinas buildings in Naga City and Negros Oriental. The inference here is that the bidding process might have been rigged in favour of Hillmarc’s, yet the government’s role and Senator Drilon’s personal interest and involvement are being downplayed as if the awarding process was corruption-free.

 

If the so-called accomplishments of President Noynoy Aquino are subjected to a rigid litmus test, it would show that he had come up short. But Aquino’s spinmeisters are clever to stay on the message—that their crafted message is the only message the established media must cover. Thus, hardly does this President own up to his accountability and the public remains ever loyal to him.

 

I am not an apologist for Vice President Binay. The only connection we had was the one-time experience of marching together during the anti-Marcos demonstrations in Manila when he was a MABINI lawyer advocating for the civil rights of protesters. I don’t have any grudge against Senator Drilon but I have known him well as a pro-management lawyer in the service of multinational companies during my work in labour relations in the Philippines.

 

In any case, both Binay and Drilon should come up clean. Admittedly, they would not take accountability for their own acts of corruption, if any. Senators Trillanes and Cayetano should also consider ending their charade in Congress, for it makes them look less and less respectable and worthy to even be mentioned as presidential aspirants.

 

Since time is running short, it is about time for President Aquino to face up to the facts of his administration. That there are many shortcomings which he can no longer hide and cover up with presidential crafted talk. That his so-called singular achievement of detaining corrupt government officials still falls short of his promise of “daang matuwid” unless he is able to convict them for corruption and plunder.

 

Left to their own devices, the public will continue to be disinclined of suspicious political rhetoric. To recognize that deceptive and misleading political communication is being used to manipulate public opinion is another thornier issue because even the supposedly intelligent among us have become either a willing herd or pack of innocent voices of the government’s official line.

The unbearable lightness of PNoy’s so-called reforms

 

 

In his speech marking the celebration of National Heroes’ Day, President Noynoy Aquino put down the growing popular protests against his administration as disruptive of the government reforms he has initiated. Calling them forces against social reforms, the President’s own pro-administration coalition on the other hand has vowed to continue to fight for his “straight path” of governance.

 

What could yet be his strongest admonition against the popular protest, Aquino branded these protesters as “a few who are determined to bring back the old system of corruption and abuses.”

 

The popular protests against the Aquino government have been inflamed by the President’s own hints of calling for an amendment of the Constitution to extend his term of office and to restrain judicial overreach of the Supreme Court. Stirred up by public clamor for an end to pork barrel politics through total abolition of discretionary and lump sum funds in the national budget, several progressive groups and civil society organizations have joined forces to enlist 6 million signatures for a people’s initiative to enact these legislative reforms.

Popular protests against the Aquino administration gain momentum as several
progressive groups and civil organizations join  forces to gather 6 million
 signatures to enact legislative reform that will totally scrap pork barrel.

Instead of embracing the protesters’ demands, President Noynoy Aquino has chosen to roll the dice. It’s them versus him, the forces of change against the President’s self-convoluted vision of “daang matuwid.”

 

But what are these reforms President Aquino is talking about?

 

He has not achieved much in terms of stimulating the economy except earn some brownie points to upgrade the country’s credit rating. This is a hollow accomplishment since it only means that it is easier for the country to borrow money. Unless public expenditures designed as stimulus translate to more jobs, reduction in poverty and income inequalities, a credit upgrade is nothing but hot air.

 

Former Comelec Chairman Christian Monsod summed it up correctly when he recently criticized those who support the government’s posturing with Charter Change. “They are looking at the wrong places for sustained inclusive growth. Our social reform programs are dead in the water: housing, agrarian reform, ancestral domain, municipal fishermen. They are the poorest of the poor,” he said.

 

Delivery of public services and social programs remains slow and inefficient. Traffic in the biggest city in the country is not freely moving and has affected the flow of goods and made life unbearable to the majority of the population who rely on public transit. The government bureaucracy continues to struggle against red tape and incompetence of the civil service.

 

Public corruption is one of the highest in the region, which brings us to Aquino’s self-proclaimed delusions of “walang korap kung walang mahirap” (there’s no corrupt if there’s no poor) and the “daang matuwid” (straight path).

 

Aquino was successful in placing his predecessor, former President Gloria Macapagal-Arroyo, in jail since 2012 for crimes of graft and corruption and economic plunder. Two years in detention, no trial date has been set for the former president but a number of complaints against her have already been dismissed for lack of evidence.

 

The chief justice of the Supreme Court was successfully impeached by Congress for violation of public trust for not completely disclosing his statement of assets and net worth. But the impeachment is now tainted by allegations that the President bribed members of Congress through his pork barrel, the Disbursement Acceleration Program or DAP, which has been declared unconstitutional by the high court.

 

Last July, the 10-billion-peso-pork-barrel scandal imploded. But this was not due to efforts of the Aquino administration to weed out corruption in government. The Napoles-masterminded scheme of channeling pork barrel funds (the Priority Development Assistance Fund) designated for members of Congress to fake NGOs was exposed through whistleblowers and not by zealous government scrutiny. Only after a congressional investigation did the government really stamp its official approval of going after three leading opposition senators and putting them in jail for charges of plunder. Whether the government will be able to successfully prosecute these senators still remains a big question.

 

The congressional pork barrel known as PDAF has been dismantled when the Supreme Court declared it was unconstitutional; again, not because of the honest efforts of the incumbent administration, but through petitions made by progressive groups and civil society organizations.

 

The same thing happened to the Aquino administration’s own pork barrel, the DAP, which was also declared unconstitutional by the Supreme Court. If not for several progressive groups and civil society organizations, the pork barrel system of illegal and irregular allocation of government funds to members of Congress and to Aquino’s pet programs and projects would not have been exposed. Thus, even the Aquino government’s priority of keeping the straight path was not accomplished by the President and his staff but by the ever-vigilant public.

 

Here is the harsh truth: the Aquino government is planning to subvert the high court’s decision in disallowing the PDAF and DAP by insisting on the President’s discretion to keep lump sum allocations in the national budget, and at the same time, dropping hints of amending the Constitution to restrain judicial overreach of the Supreme Court. Minimizing the influence of the judiciary in a government of separation of powers and checks and balances between the three branches of government is only a prelude to an Aquino imperial presidency. With a subservient Congress on his lap, a populist president like Aquino could easily push for dubious reforms that would keep him in power for a long time.

President Noynoy Aquino insists that his administration was right in implementing the
Disbursement Acceleration Program (DAP) despite being declared unconstitutional by
the Supreme Court.

The current political situation in the Philippines may be warped, but this is not because of a fault in the Constitution. There is no provision in the body of the Constitution that needs to be altered or amended to meet current apprehensions. One only needs to give the Constitution one more thorough and careful reading, asking where and how one would alter it. The wisdom of the framers of the current Constitution and the fears of a re-run of the Marcos dictatorship speak clearly for a new vision of democracy in 1987, after more than two decades of authoritarianism and suppression of civil and political liberties.

 

President Aquino relies heavily on the role of his close advisers who would spin the political issues that beset the government by denial, on one hand, and by offering a better and more palatable version to the public, on the other. For instance, despite the Supreme Court’s decision on the unconstitutionality of the DAP, Aquino and his cabal of advisers still insist on the good faith behind their actions even when the facts of the beneficial effects of the DAP are questionable. When they were unable to influence public opinion, they resorted to a trial balloon of possibly amending the Constitution to amend the President’s term of office and floated around threats to reduce the powers of the judiciary.

 

Instead of respecting the Supreme Court’s decision, President Aquino keeps slugging the judiciary with a negative and self-serving interpretation of judicial oversight. Rather than welcome the people’s initiative for legislative reforms which Congress will not act upon because of the vested interests of members of the legislature, the Aquino administration dismisses the popular initiative as pushing the government back into what he describes as the “old system of past abuses and corruption.”

 

The problem with the President’s mindset is that it reinforces a cycle of political vendetta. His party was the last administration’s main political opposition and chances are that next time they will be at the receiving end of the vitriol, or perhaps they may suffer the same fate as their current political enemies who are now in jail.

 

It is becoming clearer everyday that a six-year term is too long for a bad president. Rotation of leaders is vital to a representative democracy, but the current President and his puppet Congress are willing to destroy this important democratic principle for their own vested and selfish interests.

 

President Aquino brags of reforms he has initiated but he’s come up empty. All he has accomplished is to promote an empty slogan of corruption-free governance. He talks of the straight path, yet he and the people around him walk the crooked line.

 

It has been a perplexing period during the political life of this presidency. Some of my liberal friends imagine themselves to be reformers and send their blank check of loyalty to the President in the belief that they are advancing the cause of democracy, even believing that only this President could effectively lead the country out of the doldrums of corruption and economic stagnation.

 

It will be the greatest distraction and only worsen our political condition if the Constitution or the political institutions it has envisaged as co-equal branches of government are wrongly and ignorantly blamed and subjected to yet more meddling, all because we have a popular president who is imperfectly perceived as incorruptible and worthy of a democratic legacy for which he is totally undeserving.

Aquino’s imperial presidency

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Dissent and other voices

 

 

Did anyone notice the style of cause in the recent case wherein the Supreme Court has struck down certain provisions of the Aquino government’s controversial Disbursement Acceleration Program (DAP) as unconstitutional? For those who may not be aware, the style of cause refers to the name of the case.

 

High on top of the list of petitioners is Maria Carolina P. Araullo, the chair of the Bagong Alyansang Makabayan, followed by individuals known to be left-leaning and representatives of civil society organizations committed to good governance and empowerment of the people. Who else but these much-maligned groups are the ones indisputably fearless to stand up to government’s abuse of power?

 

Those from the right and many rabid supporters of President Benigno Aquino III have easily dismissed the left as irrelevant and a big disappointment. One, who was presumably affiliated before with the left and now a born-again fervent defender of the faith in the Aquino government, questioned the modes of engagement that the left have continued to embrace—the effigy burning and sloganeering that demanded impeachment of the President.

Students from various universities raise their fists after filing a second verified
impeachment complaint against President Benigno Aquino III in the House of
Representatives over his unconstitutional Disbursement Accelaration Program
(DAP). Photo by Manny Palmero.

Araullo vs. DAP, the more popular short name for the Supreme Court decision, represents the victory of people’s dissent over the arrogance of some of our leaders in government, or even perhaps the triumph of the people’s parliamentary struggle over the smugness and cockiness of the raucous rightwing-mongers.

 

Many have confused parliamentary struggle as being confined only in the halls of Congress, a tactical form of engagement strictly reduced to legislative reforms. But parliamentary struggle is not limited to congressional initiatives. It embraces the whole gamut of expressing dissent through legal means such as protests on the streets, messaging on Facebook and Twitter, confronting government decrees or acts through constitutional challenges, and private petitions or complaints of plunder against government officials. Yes, even burning of effigies. Parliamentary struggle adopts all forms of protests and advocacies so long as they do not involve violence, or taking up arms against the government.

 

Under authoritarian regimes, dissenters are persecuted. Hitler executed them, and Stalin sent them to the gulags. Surely, no one, including President Aquino, likes being ridiculed or chastised by the Supreme Court and the public. But democratic societies tolerate dissent, a proof that freedom of speech truly exists.

 

It is also why Joe America, a former banking executive who lives permanently in the Philippines and blogs relentlessly, can continuously and without fear lavish the current government with praises while he paints the Aquino critics, especially the left, as being possessed with evil motives like destroying the government by any means. Or why other defenders of the Aquino dispensation flourish and are easy to find in major Philippine dailies writing their regular columns defending Malacañang, and those who roam the various forums on the Internet and flood them with their supercilious and pompous opinions about anything that appears critical of the government.

 

There is nothing wrong in the present public conversation between those who believe in the government and those who are critical of it. This is how a free market of ideas is supposed to work. Give a little and sometimes take a quick poke, the battle of ideas is not won by one side when it says that wrong is right because it says so, or simply because it has been allowed or done before.

 

Just like when President Aquino insists that the DAP is right because everything he does is out of good faith and will redound to the benefit of the people.

 

In a recent speech commemorating the 150th birth anniversary of a great Filipino hero Apolinario Mabini, President Aquino said that the implementation of the DAP was reinforced by their belief that the Supreme Court itself agreed with that kind of mechanism. The president was, of course, referring to the high court’s request for a transfer of funds for the construction of the Manila Hall of Justice and the Malolos Hall of Justice.

 

“They requested for the funds to be transferred to be able to construct buildings that will house the courts. We don’t see anything wrong with this because it speeds up the judicial system in the country,” President Aquino said. The high court’s request was eventually withdrawn after petitions were filed questioning the constitutionality of the DAP.

 

There is something wrong in the President’s judgment. Just because the Supreme Court requested the fund transfer doesn’t mean that the executive can do the same for highly dubious purposes, especially after the high court cancelled their request.

 

The President cannot keep justifying the DAP or whatever he does as being good for the people. As public servant, that’s a given presumption, his covenant of good faith. He cannot rationalize his actions only by their results. More so, when there are allegations that the DAP funds were used to bribe members of Congress in impeaching former Chief Justice Renato Corona, and that the funds were also used to compensate the President’s family for Hacienda Luisita and other landowners. Where is good faith if the allegations were proved to be true?

Members of the Bagong Alyansang Makabayan point to a mascot of President
Benigno Aquino III when they declared him king of the Disbursement Acceleration
Program (DAP).

In his ubiquitous blog on the Internet, The Society of Honor by Joe America, Joe America endorses the DAP debate, “as the freedom to do that is what we fought for when we kicked out the Marcos dictatorship.” “We kicked out” is somewhat presumptuous, if not disingenuous. Joe America himself said he arrived in the Philippines in 2005, or eighteen years after the dictator was driven out of the country by the EDSA People Power Revolution. How did he become a part of the “we” who kicked out the Marcos dictatorship? Does Joe America even understand that the left greatly contributed to waking up the consciousness of the Filipino people against the oppressive Marcos regime?

 

Joe America is your typical opportunist who would dismiss the contributions of the left in building a national collective against oppression in the past, and undermine their role in the continuing struggle for people empowerment in governance. He is embraced by Filipino intellectuals, real and imagined, in their jeremiads against today’s left and the progressive movement. He now lives with his Filipino wife and son in a rural rice-growing area in the Visayas. Joe America says he is a retired banking executive with degrees in Mathematics and Radio and Television Arts. His 30-year working career was based in Los Angeles, California and he has traveled on business or personally to 21 countries. Sounds like someone who would fit the resume of an undercover political operative of an American intelligence agency.

 

Meanwhile, someone from a forum I know is already mouthing the same shibboleths as if they’re coming directly from Joe America’s pen. “Is it because parliamentary struggle requires a little more imagination and innovation, and hard work and marching to the streets and shouting to the top of their tonsils is an easier force of habit than innovating and thinking new things?,” she asks.

 

Like Joe America, she describes the left as political dinosaurs which have become obsolescent and alienated from the rest of the people. In the same vein, Joe America would caution others not to be dragged by the left into their agenda because they are wolves in sheep’s clothing.

 

Joe America and those who are like him do not represent the type of public intellectuals we would like to read and listen to. On one hand, they would pretend to encourage a robust debate, yet in truth they try to muzzle the genuine truth from coming out.

 

The voice of dissent, if we want it to be free, should be allowed to flourish without the cumbersome Joe Americas and his converts telling us that right is wrong or wrong is right just because they say so.