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Sunday, September 8, 2013

A case for resistance

 
 
After the August 26th people march at Luneta, September looks like a spirited month for Filipinos to sustain and maintain their opposition to the pork barrel system.
 
It’s not just the congressional pork barrel, known otherwise by its euphemism, the Priority Development Assistance Fund (PDAF), that the people want to abolish, but also the presidential social fund or discretionary fund which is many times larger than the pork Congress allots to its members.  
Public protests against pork barrel intensify after the August 26th people march
in Luneta. Photo by AFP.
The president’s pork is reported to be more than 1.5 trillion pesos, and that easily makes the P25-billion congressional pork barrel a drop in the bucket. With that amount of money at the discretion of the president, there is a lot for a corrupt president and his cabinet of close allies and friends to be tempted to plunder.
 
What enhances the opportunity and motivation to steal from this enormous fund is the absence of review by the Commission on Audit (COA) and congressional oversight. Right now, the current administration dips into this fund whenever the government needs money to finance the President’s favourite programs like the conditional cash transfer fund (the 4Ps) and public-private partnership projects. Money for national emergencies due to unforeseen natural events such as typhoons and other calamities also comes from this fund, which the administration uses as a blanket justification for its discretionary spending.
 
Where does this president’s huge discretionary fund come from? It’s all easy money – royalties ($1 billion this year) from the Malampaya Deepwater Gas-to-Power project, a consortium between Shell, Chevron and the Philippine Department of Energy which was criticized as a sell-out by the Philippine government to foreign corporations; revenues from the Philippine Amusement and Gaming Corporation (PAGCOR) operation of casinos and slot VIP Clubs; the sale of sweepstakes and lotto tickets by the Philippine Charity Sweepstakes Office (PCSO); and, revenues from other income-generating public corporations which are too many to enumerate here.
 
The Aquino government faces a September offensive of protests from various sectors of Philippine society for its stand on pork barrel. Aquino has been ambivalent on whether to scrap PDAF although it is Congress which has the power to repeal the dreaded pork barrel legislation. But the President remains adamant to preserve his discretionary fund which he said is exclusively for the purpose of implementing the government’s social programs and its response to national emergencies and calamities.
 
First off, the Catholic Bishops Conference of the Philippines (CBCP) has called for prayer vigils across the country on September 7 which coincided with Pope Francis’ plea for a “Day of Atonement” as Catholics around the world celebrate the vigil of the birthday of the Blessed Virgin Mary. The Pope has asked all Catholics to offer prayers in atonement for their sins against world peace and in particular pray for the restoration of peace in Syria.
 
For its part, the CBCP also declared September 7 as a day of atonement for Filipino Catholics for sins against peace in our country. “According to our moral judgment, the present pork barrel practice in government is fertile ground for graft and corruption. Promoting the politics of patronage, it is contrary to the principles of stewardship, transparency and accountability. It is immoral to continue this practice,” the CBCP further said.
 
On September 11, Filipinos from different faiths will hold a prayer vigil at the Edsa Shrine under the initiative of a new movement called Edsa Tayo. There will be an inter-faith prayer, the lighting of the vigil candle and Freedom Flame, and some singing, all part of the continuing protest after the August 26th march to completely abolish pork barrel. According to the organizers, “Edsa Tayo will only be the kick-off a wider prayer vigil.”
 
Two days after Edsa Tayo, militant groups will also hold a mass action against the pork barrel system on September 13 at Rizal Park in Manila. Then on September 19, millions of overseas Filipino workers (OFWs) will temporarily suspend their remittances to the Philippine government, which organizers dubbed as “Zero Remittance Day,” in support of the growing nationwide movement to abolish the pork barrel system.
 
President Noynoy Aquino’s spokesperson Edwin Lacierda immediately downplayed the planned demonstrations. He questioned why the organizers of the September 11 prayer vigil decided to hold their rally on the birth anniversary of the former dictator Ferdinand Marcos. Lacierda likewise belittled the announcement of Migrante International that some 112 Filipino migrant workers’ organizations from all over the world have agreed not to send remittances as part of the protest. He doesn’t think OFWs would be able to hold their remittances because it’s their families who would eventually  suffer. 
Anti-pork barrel protests zoom in on President Noynoy Aquino for insisting
that he should keep his presidential pork. Photo by anti-pinoy.com
Lacierda and his boss, by extension, both miss the point of these September rallies. The Edsa Tayo organizers insist that they never thought of celebrating the birthday of the late dictator and that September 11 was just a convenient date.
 
But President Aquino and his spokesperson showed their brazen lack of appreciation of the OFWs’ decision to suspend their remittances. Overseas Filipino workers agreed not to remit on September 19 as a symbolic protest and a political exercise for Filipino immigrants to collectively demonstrate their outrage on issues that affect them. OFWs chose September 19 because it was on this day when the Philippine government implemented the Overseas Workers Welfare Assistance Omnibus Policies (OOP) that effectively made the $25 contributions to the Overseas Workers Welfare Fund mandatory per contract.
 
Describing the Overseas Omnibus Policies as “anti-migrant,” Migrante International said the Zero Remittance Day on September 19 will enable the voices of OFWs “to be heard in the call to abolish the pork barrel and re-channel funds for the people’s interest, including more efficient services and welfare assistance to overseas Filipino workers in distress.” Filipino migrant organizations from all over the world agreed not to send remittances to their families in the Philippines to express their outrage against the “widespread corruption, patronage politics and social injustice” in the Philippines.
 
The Zero Remittance Day by Filipino overseas workers is more than symbolic. It is beyond expression of their collective indignation. More than anything else, it is imagination in action, a call for resistance that could signal the beginning of more protests of civil disobedience against the current administration.
 
One Philippine newspaper wrote in its editorial that migrant workers have the right to be angry. These workers sacrifice their future so that the families they leave behind can afford a better life. With their income remittances, they have long been considered a lifeline to our troubled economy. But when the leaders they elect betray their trust, their hopes of returning to a better country are likewise crushed.
 
But not just migrant workers have the right to be angry. Every Filipino must be enraged with a government that doesn’t follow what it says. “Kung walang korap, walang mahirap,” the Aquino government proudly proclaims. Yet, its actions betray its words. Poverty is on the rise because this government is no match against corruption, more so with its complicity with the very venal act it condemns.
 
Our migrant workers are showing us the way to peaceful resistance. Their call for Zero Remittance Day is based on the belief that the pork barrel system is immoral, unjust and a dangerous policy. It is the kind of civil disobedience that is justified because it challenges a government that tolerates its own injustice to the people. Henry David Thoreau wrote of this form of civil disobedience as accomplishing a “peaceable revolution.”
 
While President Aquino and his administration may deem the migrant workers’ decision to suspend their remittances on September 19 as ineffective, perhaps absurd because it would affect their families even more as Lacierda claims, the harmlessness of such entirely symbolic protest may serve a higher purpose. It shows that collectively, Filipinos, short of a true revolution, are not without the means to redress their grievances. It also demonstrates other ways in the people’s arsenal of protests which they can unleash against a government that is not merely corrupt but also insensitive to their outrage.
 
There have been many historical instances of civil disobedience, such as those of Thoreau, Gandhi and Martin Luther King. Civil disobedience is a classic way of expressing defiance toward government and unwillingness to support its policies. Other forms of civil disobedience like boycotts, refusal to pay taxes, sit-ins like the Occupy movement, and general strikes will make it more difficult for a government to function. True, there could be public discomfort, but not for a long time, because the government will become more responsive and sensitive to the purposes of civil disobedience.
 
Rallies, prayer vigils, disobeying morally repugnant laws and policies, and other forms of public demonstrations must continue against the pork barrel system until the government engages the people in a moral dialogue toward an acceptable resolution. On the other hand, the government should not resort to heavy-handedness by using its coercive powers in silencing the people’s protest.

Monday, September 2, 2013

State witness or accomplice

 
 
Janet Napoles, the “pork-barrel queen,” has been the most hated Filipino woman in recent days, perhaps rivaling the public’s revulsion of former president Gloria Arroyo or even the first lady Imelda Marcos. For her notoriety, Napoles has been elevated to celebrity status and now the most popular butt of jokes in social media. Even her photo while being pushed around in a Louis Vuitton-designed wheelchair has been flashed on YouTube and other media along with the photograph of Lady Gaga’s similar wheelchair ride.
 
After several weeks of inept manhunt by the National Bureau of Investigation (NBI) to apprehend Napoles on allegations of being the principal in a P10-billion pork barrel scam, and the growing suspicion of her scripted surrender to President Noynoy Aquino, Napoles has become a comical sideshow to the people’s outrage against pork barrel.
Mugshots of Janet Napoles. Photo courtesy of the Philippine National Police (PNP).
It is a misdirected public indignation. In this respect, the social media is equally to blame in turning Napoles into a clown instead of seriously focusing on the larger issue of corruption in government. The social media is turning Napoles to a hapless and miserable caricature. Whether Napoles is the scam’s mastermind or just an accomplice should not be the only focus of this ongoing sideshow, but the information she could disclose which is important in the pursuit of truth. There are people in the high echelons of government who could be possibly implicated -- this pork barrel scam is merely the surface of an almost bottomless pit of government corruption.
 
Right now, no charges have been laid against Napoles, except for alleged illegal detention or kidnapping of Benhur Luy, the principal whistleblower of the pork barrel scam. The Department of Justice and the NBI have not completed their investigation while the Senate Blue Ribbon Committee plans to conduct a separate inquiry. The stunning surrender of Napoles to President Aquino also raises the speculation that the government is planning to use Napoles as a state witness in prosecuting some senators and members of the opposition in Congress for their involvement in the pork barrel scam. In exchange for turning as a state witness, Napoles obviously could ask for immunity from prosecution or bargain for a lighter penalty for the role she played in the scam.
 
The current administration’s plan to make Napoles a state witness could easily be seen as a ploy to divert the issue away from President Aquino’s allies who were named in the Commission on Audit report. This would turn the investigation of the misuse and abuse of the Priority Development Assistance Fund (PDAF) into a witch hunt that could target certain political enemies of the Aquino administration.
 
Whether Napoles can be turned into a state witness is debatable. Doubters argue that Napoles could be the most guilty, therefore, not qualified to become a state witness. But in the grand scheme of government theft, how can someone of Napoles’s stature as a mere commoner be the most guilty? Shouldn’t the usual suspects be those in power who have control of the purse and its disbursement? Or those who have the final authority to decide, which in this case happens to be our legislators and high-ranking members of the executive department?
 
Perhaps, it’s the entire system of government we have that is most guilty. But a government could only be as good or as bad as the people who run it.
 
Turning Napoles into a state witness will pervert the system of justice. Napoles will become a tool for the miscarriage of justice, especially if she is used to expose the corruption of some members of Congress on the pretext of cleaning the government. If not the scam’s principal which seems doubtful, at the very least, Napoles is an accomplice in the scam. Under the law, an accomplice has the same degree of culpability as the principal or primary offender, and faces the same criminal penalties.
 
Our most serious concern however, should be whether the investigation and the consequent trial of those culpably involved in the PDAF pork barrel scam would be tried under the full force of the law. There is no assurance that the testimony of Napoles could bring down the corrupt senators and congressmen who were allegedly involved in the PDAF scandal. And there is reason to be skeptical.
 
Just look at the history of cases of graft and corruption and other crimes brought by the government against our politicians. The Marcos family had been chased out of the country after the EDSA People Power Revolution in 1984, but several decades have already passed and yet Imelda Marcos still has to stand trial for her involvement in one of the greatest cases of plunder in Philippine history. Worse, some of the cases against Marcos have been dismissed. Where are the members of the Marcos family now? Imelda Marcos sits as representative of Ilocos Norte in Congress and her son Bongbong is a senator who may have ambitions of running for president in 2016. Daughter Imee is governor of Ilocos Norte and was once a member of Congress, too. Most likely, they have also collected their share of the pork barrel.
 
After almost four years since the mass killing, the cases against the Ampatuans and their co-accused in the Maguindanao massacre remain at a standstill. To date, the court is still hearing their petition for bail. Meanwhile, some witnesses have died or been killed or recanted their testimonies.  

Nearly four years after the Maguindanao massacre, the perpetrators of this
gruesome crime have not been found guilty by the courts.

Former president Joseph Estrada was impeached in the Senate and was ousted from the presidency in 2001 by EDSA People Power 2. Local newspapers reported as early as 1999 about a plot to embarrass Estrada by attributing to his administration all sorts of perceived faults and scams in order to cover up anomalies and scams committed by his predecessor, Fidel Ramos. Estrada was sentenced by the Sandiganbayan to life imprisonment for plunder but was later pardoned by his successor, President Gloria Macapagal-Arroyo. He ran for president again in the 2010 presidential election and finished runner-up to President Noynoy Aquino. During the recent local elections last June, Estrada ran and won as mayor of Manila.
 
Whatever is happening to the cases of corruption and plunder against former president Gloria Arroyo?
 
Last May 25, 2013, the Office of the Ombudsman dismissed the charges of bribery and corruption against Arroyo for lack of sufficient evidence. Recall that on November 18, 2011, Arroyo was arrested following the filing of criminal charges for electoral fraud. She was incarcerated at the Veterans Memorial Medical Center in Quezon City as a form of house arrest for health reasons. Arroyo, despite winning back her congressional seat in Pampanga in the last elections, continues to be under hospital arrest in connection with a plunder case involving alleged misuse of Philippine Charity Sweepstakes Office funds.
 
Arroyo’s detention is nearing two years already, yet she has not been tried for her crimes. Every citizen, whether she is the most hated or most evil person, is entitled to her day in court as guaranteed by the right to a speedy trial under the Constitution and the Speedy Trial Act of 1998, or Republic Act No. 8493.
 
The concept of reasonable time in which to have a trial seems to attract little value in the Philippine justice system. Although what is reasonable is left to the court to decide in the circumstances of individual cases, lengthy and unnecessary delays in trying the accused could violate his or her constitutional right. It is not just the infringement of a constitutional right which is important but delays may outweigh the strong societal interest in having serious charges, such as corruption and plunder, be tried on their merits.
 
The very slow wheels of justice in the Philippines will work to the advantage of Janet Napoles. Her lawyers could use every legal trick in the book to delay the trial of her case, if this ever reaches the courts. Certainly, those senators and congressmen who might be implicated in the scam can likewise employ the same tricks, in addition to parliamentary immunity. Thanks to pork barrel, they have the luxury of money and time to delay and delay their cases until the public has forgotten their rage.
 
The current pork barrel scandal, more than beyond exposing the corruption of Napoles and Congress, has also effectively disclosed the glaring contradiction between the current government’s pronouncements and what it actually does in practice. That the present government is not as spotless as it purports to be. For one thing, the Aquino administration justifies the morality of the pork barrel system by making it an important instrument for the government to carry out its mandate, despite programs which are not in the best interests of the people.
 
How can the people trust a government that doesn’t follow the words it says?
 
We should not vacillate in our protests against corruption in government. The current Aquino administration, being the staunchest defender of the pork barrel system, should not be spared of our collective outrage simply because the yellow media and the President’s spinmeisters have painted Noynoy Aquino as morally upright and incorruptible.