Looking bad

As if allegations of being the mentor to the pork barrel queen are not enough to make him look bad, news of Budget Secretary Florencio Abad’s total number of 11 family members in government can’t even budge him from his enviable position of the President’s closest and most trusted ally. Now, if you’re counting, that’s about four times the sound of bad resonated in one full sentence.

 

Janet Napoles, the alleged pork barrel queen, has accused Mr. Abad as the one who taught her how to divert funds from the pork barrel allocated to members of Congress. Benhur Luy, the other whistleblower, also implicated Mr. Abad although the latter’s name was erased from his list.

 

But no matter how loud the protestations are, President Aquino appears impervious and obdurate in his belief that there is no probable cause his most trusted cabinet secretary had committed a crime. Even if the whistleblowers Janet Napoles and Benhur Luy also pointed to Mr. Abad’s direct involvement in the 10-billion-peso pork barrel scandal, similar to the allegations that form the basis of the charges against Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr. The Philippine system of justice looks not just laughable but just as bad and as duplicitous as the moral standards that dictate the President’s convenient set of values.

Three's not a crowd. Senator Bong Revilla hugs Minority Leader Juan Ponce
Enrile and Senator Jinggoy Estrada, his co-respondents in the plunder case
filed by the government. SENATE PHOTO.

“There seems to be a selective justice. We are all aware there are many people involved and yet only three are charged,” according to the Integrated Bar of the Philippines, the official organization of all Philippine lawyers, as it questioned the government’s selective indictment of people linked to the pork barrel scam.

 

If we are to use the allegations of both Napoles and Luy to indict and eventually convict the three senators, shouldn’t Mr. Abad be judged on the same accusation? Why prosecute the three senators but show mercy to Mr. Abad? After all, the allegations have yet to be proved in court and it should be the same principle of presumption of innocence that must be applied to all, including Mr. Abad and all the President’s allies implicated in the scandal. Not presuming Mr. Abad’s innocence and pronouncing the guilt of the others accused because they happen to be outside the President’s circle.

 

Convict the three senators if you will, but don’t spare Mr. Abad because he is the President’s most trusted ally.

 

In shielding Mr. Abad from prosecution, President Aquino is showing he has no “delicadeza” and shame. The President is fiddling with the detrimental side of politics and favouritism. The same can be said about Mr. Abad’s proliferation of his kin in government.

 

According to news reports, there are 11 relatives of Mr. Abad currently holding positions in the government, which include his wife Henedina, currently a representative in Congress for the province of Batanes and vice chair of the powerful House Appropriations Committee; daughter Julia, head of the Presidential Management Staff; son Luis, chief of staff of Finance Secretary Cesar Purisima, as well as four nephews, one niece, and two first cousins occupying various government posts. By all appearances, this is nepotism on a grand scale. It is as if the Abad family now owns a large portion of the government, like it is their own plantation or fiefdom.  

Budget Secretary Florencio Abad and President Benigno Aquino III.

This type of nepotism in public service, however, is not really unusual. The alignment of politics in all levels of government in the Philippines, whether for elective or appointive officials, depends on kinship and family ties. Hence, why we will always have political dynasties that dominate the political landscape. The same favouritism or influence is also wielded by CEOs or top executives in the private sector in the appointments of their children in high positions in the corporate structure.

 

A social science research conducted in the United States, which was published in the Personality and Social Psychology Bulletin, revealed that rich people exhibit narcissistic tendencies and higher levels of entitlement among those of the higher income and social class. The study found a sense of entitlement for children of the rich that they could go through life without feeling guilty about having rich parents and being born with certain environmental advantages.

 

When the respondents were asked to depict themselves as circles, with size indicating relative importance, richer people chose larger circles for themselves and smaller ones for others. Another experiment found that they also looked in the mirror more frequently. The study suggested that wealth may breed narcissistic tendencies—and wealthy people justify their excess by convincing themselves that they are more deserving of it.

 

According to the study, the rich get jobs through family connections. After going to whatever elite university their parents attended, getting a job at whatever firm their parents worked at seems only natural. The culture of hiring in Wall Street, for example, confirms this observation that direct nepotism in the hiring process is prevalent in the hiring of children of rich people by giant financial firms.

 

Nepotism to some extent is probably tolerable in privately-owned corporations since the owners would rather put their trust on their children and close relatives. However, it is generally frowned upon in the public service for it shows an appearance of unfairness when it comes to hiring or appointing relatives in government.

 

Who’s to blame if Mr. Abad has 11 relatives in government? Perhaps, he is more than qualified to be the Budget Secretary, a position that demands the President’s unflinching loyalty and trust. His wife cannot also be pigeon-holed in a group who succeeds in politics because of family connections because she was elected by her constituents. She succeeded Mr. Abad in Congress. Of course, marriage to Mr. Abad also helps her secure the powerful position of vice-chair of the House Appropriations Committee. Their children, Julia and Luis, both occupy high and significant positions in the government’s bureaucracy because of their familial links to Mr. Abad which are their strongest assets, notwithstanding their professional wherewithal to perform the rigorous demands of their jobs.

 

But having so many relatives in government can perpetuate a deeply unjust social order. We have seen in the past how the cronies of Ferdinand Marcos had strengthened a repressive political regime. Mere appearance of nepotism is bad. The Abad family makes it look worse than bad. If our system is one of aristocracy, then Mr. Abad could be excused for ensuring the appointment of his family members to King Benigno’s court.

 

Yet, President Aquino keeps harping on his “matuwid na daan” as his government’s mantra, that if there is no corrupt, none will be poor. That’s fine if the President will apply the same standard to members of his own cabinet. But it is not fine when he spares one or two in his cabinet on one hand, while he prosecutes three or more who happen to be his political enemies, on the other.  

Indignation rally. Protesters massed outside the Supreme Court while the
justices were deliberating on the legality of the Disbursement Acceleration
Program. Photo by Danny Pata.

Filipinos as a whole are tired and fed up with this government’s hypocritical and phony attitude to the prosecution of corrupt officials in government. Except for the impeachment of the former Supreme Court Chief Justice, and he was not even charged of corruption, President Aquino’s government does not have a track record of success in prosecuting corrupt officials. Former President Gloria Macapagal-Arroyo remains in detention for the crime of plunder even if not one single charge brought against her has been proved before the Sandiganbayan. The question this time is whether the government prosecution would be able to prove the guilt of the three senators? Sandiganbayan has already allowed them bail so it does not augur well for the prosecution at this early stage.

 

In my previous blog, Presumed guilty, I wrote about the current President’s distorted understanding of the presumption of innocence afforded all those accused of committing crimes. To him, only his allies and friends should enjoy the presumption of innocence unless proven guilty by a competent court. Those on the other side of the fence, his political enemies, are meant to be prosecuted and presumed guilty as charged. This is plain double standard in applying the law. That’s why the President is so relentless and persistent in sheltering Mr. Abad and others in the cabinet who have also been implicated in the pork barrel scandal. His hands are not clean and he doesn’t want the people to see them.

 

But the people will not be fooled this time, not even by the yellow media that promotes this government as immaculately clean and beyond refute. There is growing consciousness among the people that corruption and nepotism in government mirror the unjust and unfair concentration of power and wealth in the hands of a few elite families.

 

The more this President defends his own allies, the more he looks bad. And the more his vision of a straight path looks crooked. Plus ça change….

Presumed guilty

 

 

Without fully understanding the implications of what he says in public, President Benigno Aquino III is actually supplanting the time-honored principle of presumption of innocence with a presumption of guilt. Even worse is his arrogance to ensconce a double standard of morality in politics.

 

On one hand, President Aquino believes Senators Juan Ponce Enrile, Ramon Revilla and Jinggoy Estrada are guilty as charged of corruption, plunder and other crimes against the government. All of them are presumed guilty to the eyes of President Aquino, just like most everyone else is led to believe, even if the charges are still in the process of being filed before the Sandiganbayan.

 

On the other hand, people like the President’s Budget Secretary Florencio Abad, Agriculture Secretary Proceso Alcala, and Technical Educational and Skills Development Authority director general Joel Villanueva who were also named in the list of those involved in the pork barrel scandal are innocent to his eyes. To the President, his cabinet men are on a different plane and should be presumed innocent unless proven guilty by a court of law.

 

Members of the Kilusang Mayo Uno wear masks depicting President Benigno
Aquino, Local Government Secretary Mar Roxas, lawyer Lorna Kapunan, and
(on wheelchair) alleged pork barrel queen Janet Lim-Napoles during a rally in
Mendiola. The rallyists called for an end to the preferential treatment being
accorded Napoles. Photo by Alexis Corpuz.

Curiously, former President Gloria Macapagal-Arroyo continues to be detained even if none of the charges laid against her have not been proven by the state. Because President Aquino and the public in general are all convinced that Arroyo is guilty by any stretch of imagination.

 

This is the new normal under President Aquino’s administration. Allies and friends are presumed innocent while political enemies are presumed guilty.

 

However, the bastardization of the presumption of innocence under the Aquino presidency is not without its merits. After all, the reality is that no defendant would face trial unless it is believed there is probable cause that the defendant was guilty of a crime. They wouldn’t have prosecuted the accused if he or she weren’t guilty of something, which is the common supposition before the court. For instance, outside of the formal investigation process, there is widespread public knowledge, thanks to media scrutiny and vigilance, that those involved in the pork barrel scandal are factually guilty even though a trial has not been set for them to face the charges.

 

The only problem with this presumption of guilt is it could apply to all accused of corruption in government. Guilt is a very wide net that can catch everyone in the government, whether by suspicion or mere inference, and regardless of rank or pay grade. That said, even President Aquino is not immune from a presumption of guilt for he could be as culpable as any of his cabinet staff or his dreaded political enemies.



President Noynoy Aquino with one of his most trusted men in cabinet, Budget
 Secretary Florencio Abad. Could Aquino be talking about Abad's innocence?

But as an alternative to a presumption of innocence, a presumption of guilt is inquisitorial and contrary to the principles of a free society. Thus, the presumption of innocence is not just symbolic but essential to the criminal process.

 

What does the presumption of innocence mean?

 

The presumption of innocence is a vital part of our criminal law system. It means that the accused doesn’t have to prove he or she is innocent. Instead, the job falls on the prosecutor or the state to prove the accused guilty. In other words, unless the accused has been proved to have committed the crime, he or she is entitled to be acquitted or found “not guilty.”

 

The underlying purpose of this presumption is to protect the rights of individuals when the state accuses them of a crime. It is often said that it is better that the guilty go free than the innocent be convicted.

 

But the judicial system is not without controversy. Some see the system as being stacked in favour of the accused, rather than protecting their rights. And despite all of the protection in the system, miscarriages of justice still happen where innocent people are convicted. Those in positions of power are generally perceived as more likely than those outside this circle to exercise warped judgment, transforming the criminal justice system into an instrument to protect themselves and their exercise of power.

 

President Aquino’s exhortation, therefore, that his cabinet secretaries should be presumed innocent rather than guilty as he has characterized the actions of his political enemies, is clearly aimed in protecting and preserving the incorruptibility of his government. In short, he is ignoring the true purpose of the presumption of innocence while affirming that many of those accused or alleged to have been involved in the pork barrel scandal are presumed guilty just because they happen to be his political enemies.

 

Civil society, however, is under no obligation to refrain from criticism of government officials based on a blatant misunderstanding of presumption of innocence. This is particularly relevant in the current situation in which the public is being fed with too much conflicting information about government corruption.

 

There are many incompatible lists of individuals implicated in the scandal and inconsistent testimonies between the alleged mastermind or potential state witness and whistleblowers who could be motivated by personal or vested interests. The executive and legislative branches of government seem to be at a loss on how to proceed with their respective investigations.

 

Spokespersons for the President appear to offer differing statements on behalf of the administration. The Ombudsman has left for a trip abroad without filing the charges against the three aforementioned senators before the Sandiganbayan. Even half-brothers elected to the Senate are at odds with each other as to the possible fallout of the scandal on their own political careers prompting their father, a disgraced former president for acts of plunder, to intervene.

Could there be any connection between President Aquino and the alleged pork barrel
queen, Janet Napoles, here in a photo taken in 2012?

It’s a political circus which the pork barrel scandal has created, muddling the fundamental issue of corruption in government, which appears lost in the crucial examination because the personalities and characters involved have become more important rather than their own sins and omissions.

 

In the end, either President Aquino should presume all are innocent before trial or all are presumed guilty. Not where others have more legal rights and therefore presumed innocent. The better approach it seems is to take heed of President Aquino’s presumption of guilt for those implicated in the scandal, but it should include his own men if he wants to appear fair and just.

 

Let’s throw the presumption of innocence off the bus and declare everyone guilty, and let them prove their innocence. It makes more sense to reverse the burden of proof and let it fall on the accused, especially for those in the public service. Every time that public trust is breached, people are deceived.

 

Indulging a presumption of innocence before a finding of guilt is too much of an accommodation to give. Besides, this demand for a presumption of innocence outside of criminal court is both cunning and deceitful when the President of the country uses it to excuse the culpability of his own cabinet.

 

It is no doubt cold comfort for President Aquino to subscribe to a generous interpretation of the presumption of innocence that applies only to his allies and friends. This interpretation would not comport with the supposed persistence of a foundational legal principle, especially when stretched outside its province.

 

Furthermore, this is like expecting a lot or dreaming about the impossible from a failed system where corruption is widespread and so pervasive. No wonder that the Philippines consistently belongs in the exclusive list of “failed states,” in the dishonourable company of other countries who have miserably and ineffectually failed to solve corruption in government.

Swindlers’ list

 

 

Everybody knows a swindler, a dishonest person who cheats by very clever means in order to obtain money, fame or other advantages through pretense or deception.

 

The swindler is a bilk, bilker, cheat, cheater, defrauder, dodger, fakir, finagler, fraudster, hoaxer, phony, plotter, rascal, rogue, scammer, scamster, schemer, skinner, tricker, and a wheeler-dealer.

 

Janet Napoles, the pork barrel queen, is any of the above even if she’s not been convicted by a court of law, and this is not depriving her of the presumption of innocence. Her hands are all over the place, either that she is the mastermind or simply the marionette of a higher brain trust. The pork barrel mess she has created points to her culpability, and whether she brings down with her the entire government or some high-ranking politicians is an ending that needs to be scripted.

 

That’s why we begin with a list, a list of swindlers. Not just one list, but two or more or even several more. This is how to create a feeling of suspense and make the public wonder how the story will reach a climactic twist to the denouement to all this mess.

Copy of the signed Napoles' List.

Janet Napoles has her own list of politicians and government officials involved in the P10-billion defrauding of the people’s money. Benhur Luy, former assistant to Mrs. Napoles and whistleblower has a list, too. But they are different lists, in that they contain different names. Then there’s another Napoles’ list in the hands of former Senator Panfilo Lacson, albeit with an unsigned affidavit and was given to him by Mrs. Napoles’ husband, a former colleague of Mr. Lacson in the military. President Benigno Aquino III, the tireless graft and corruption crusader, has seen three lists according to him. Because he wasn’t aware of the legal ramifications of the lists, again according to him, he referred them to Leila de Lima, his Secretary of Justice and legal staff to sort out.

 

But Secretary de Lima seems embattled with a Hamlet-like dilemma. To show or not to show the true and genuine Napoles’ list. Meantime, Mr. Lacson has surrendered to the Senate his copy of the unsigned affidavit from Mrs. Napoles containing the list of all those involved in the pork barrel mess. All those mentioned in the list were up in arms, denying involvement and declaring their innocence. See how the entire drama is unfolding, great script but boring because the people already know what is going to happen in the end.

 

Secretary de Lima insists that the Napoles’ list is still a work in progress. Meaning, the list is still being sanitized which the secretary vehemently denies. Speculations are rife that there are people who shouldn’t be on the list, the ones (Aquino’s partymates and supporters in Congress) who are friendly with the President, and those within his inner sanctum (like his trusted Budget Secretary Florencio Abad) who are implicated and could bring down the government and make the President’s graft and corruption agenda look a total sham.

 

Sanitizing the Napoles’ list will clear up any inference or allegation of involvement by the current administration in the pork barrel scandal. Thus, it is very important for President Aquino and his cabinet, following the “clean hands” doctrine in law, to show they cannot be accused of unfair conduct and that they have not done anything wrong. But in sanitizing the list, the administration could be accused of partiality by going only after those who are not friendly with the government and leaving friends and loyal supporters of the Aquino administration fully unscathed.

 

It is therefore a brilliant strategy to concoct more than one list. Without a doubt, whoever thought of the grand idea of circulating more than one list was a great thinker. Alternative lists will muddle the issue, thus benefiting those who swindled the government, protect the conspirators in the scandal, and keep justice in the dark. Debating and determining which list is genuine will take an inordinate amount of time and before the dust settles, a new election is held and the whole mess becomes either forgotten or is buried from the front pages of newspapers to some page nobody even bothers to read.

Copy of the unsigned Lacson's Napoles List

At the end of day, the public will simply throw its hands up and accept a government list naming the three most popular and dispensable among those involved. We already have their names a long time ago: Senators Juan Ponce Enrile, Ramon Revilla Jr. and Jinggoy Estrada. Indicting these three top senators will be a great achievement for President Aquino, a feather in his cap, not to mention the continuing detention of former President Gloria Macapagal-Arroyo and the impeachment of former Supreme Court Chief Justice Renato Corona. All things considered, it will be a testament to the persistence of the Aquino administration in prosecuting those responsible for graft and corruption in government. All accusations of non-transparency, unfairness and injustice will just be distant memories of how this government dispenses with justice when everything about the pork barrel dissipates in the air.

 

Remember too that Congress faces two very important issues which can spell trouble for President Aquino. He doesn’t have any more pork barrel to distribute to solidify support in Congress for the Bangsamoro Law and the Enforced Defence Cooperation Agreement (EDCA). PDAF has been abolished. But President Aquino could finagle the Swindlers’ List among members of Congress and let those who defy his wishes be included. In other words, the President could easily subvert the ends of justice to accomplish his aims, and this is not a healthy sign of democracy.

 

This is why the Philippines remains included in the list of countries (talking about another relevant list) considered “failed states” in the Failed States Index 2013 of Foreign Policy prepared by the United States think-tank Fund for Peace. One of the several attributes of a failed state is widespread corruption, a perpetual sordid state of affairs the Philippines has never figured out to resolve since time immemorial.

 

There are more pressing issues which the present government must address but the current controversy about which pork barrel list is genuine takes much of the administration’s time and attention. High on this list are issues such as bringing back to millions of workers the dignity of regular employment with its attendant living wage, union rights and benefits like maternity leave and health insurance, and putting an end to contractualization of labour which makes Filipino workers as “permanent contractuals” or non-regular employees.

 

Despite claims by the Aquino government of speedy relief and assistance to victims and survivors of last year’s Typhoon Haiyan, their situation is far from being close to recovery. The typhoon survivors continue to live in tents. They still suffer from hunger and there is no meaningful program by the government to help them reconstruct their livelihood.

 

Last May 9, public school teachers stormed Malacañang demanding an increase in their salaries. But the Aquino government released a statement that there will be no salary increase for government workers due to lack of funds. Apparently, because a lot of government money has been wasted for ghost, anomalous and corrupt projects through the Priority Development Assistance Fund, Presidential Social Fund and other lump sum allocations.

 

If only the Aquino government could be serious enough and pay attention to a list of priorities for improving the life of the masses, instead of dilly-dallying in releasing the true Napoles’ list of swindlers, then everyday life for the common folks will be less burdensome. But the government seems not interested in the greater good of the majority of the Filipino people. The Napoles’ list and its different versions have consumed the government to no end.

 

While the entire nation already knows how this messy scandal will unravel, the incumbent government of President Benigno Aquino III continues to exploit this controversy about a list to the fullest extent. As a result, the people will be no better off than they were before when this charade finally ends.