Putting everything in order

The Senate Blue Ribbon Committee should already cease its inquiry into this Napoles imbroglio. Such inquiry is not in “aid of legislation” at all. The committee is only adding to the on-going confusion and further roiling the muddy waters now swirling around this multi-billion scam involving the misappropriation of the tax-payers’ money where this administration is undoubtedly involved in a larger scale. It will not also help in any way to conclusively resolve the cases and punish the guilty. The public may even conclude that such inquiry is really part of the sinister plot to cover up the traces leading to the doorsteps of Malacañang itself.

Besides, the Committee hearings are just providing a venue for our politicians to counter the burgeoning public opinion on their participation in this fraudulent scheme. It is just an arena for political grandstanding and for trial by publicity where those named in the scam will try to clear their names with bare denials and empty excuses. Indeed these hearings are just a waste of time which will further drain the public coffers already sapped and decimated by the very 10 billion pesos pork barrel scam it is trying to investigate.

Indeed, it is quite surprising and disgusting to learn that the Committee Chairman required the submission of the Napoles’ affidavit only to immediately release it to the press without even first scanning or reading its contents. It seems that the very Committee itself is now conducting the trial by publicity that unduly exposes a lot of people in government, past or present, to public contempt and ridicule based on the mere say so of the scam’s self-confessed manipulator. This is definitely contrary to the rule of law supposed to be still prevailing in this country.

Of course, it can always be argued that as the “Blue Ribbon” committee, it can conduct its own inquiry for purposes of disciplining the members of the Senate and other public officers who may be found liable in the perpetration of this scam on the Filipino people. But based on its past records of investigation however, nothing much has resulted on the many previous reports it has submitted. The best example here is the fertilizer fund scam which the Committee has also investigated in the past, where up to now the court case has not moved. Actually, the Office of the Ombudsman even recently dismissed the charges against former president Arroyo in connection with this fertilizer fund scam.

It has to be pointed out likewise that the Senate Blue Ribbon Committee belongs to political branch of our government. Thus, it very probable that in the conduct of its investigation politics will play a vital role. It will expectedly try to come out with a final report that is more damning to the political opponents of the present regime and favorable to its close allies. In fact, this committee has been recently identified and called the Senate “Yellow Ribbon Committee.”

And this is precisely the public impression also formed in connection with the investigation being conducted by the Department of Justice (DOJ) under the Executive Department, another political branch of our government. Right now people think that the list of the culpable government officials contained in the Napoles Affidavits and submitted by the DOJ to the Senate Blue Ribbon Committee has been thoroughly sanitized to exclude those close to this administration. Hence committee chairman Guingona did not even bother to go over it before releasing it to the press. As a result so many voices are now coming out expressing their views on the list and already condemning the 20 Senators and more than 100 members of the House of Representatives included therein.

Let us not however give too much importance to this affidavit and the list therein contained. First of all, this is a sworn statement of the self confessed though “less guilty” manipulator of the scam. With this kind of “shady” character, her credibility already suffers a lot. To be believable, a witness must not only state what is inherently believable; she must herself be believable. Secondly, the contents of her affidavits are merely hearsay and still inadmissible as evidence. It will be admissible only when reiterated during the trial of the case where she will be subjected to rigorous cross examinations by the parties concerned and required to back up her claims with solid and hard evidence. The public is therefore reminded not to swallow every word she says and every name she utters. And this reminder applies even if the Senate Blue Ribbon Committee persists in conducting the inquiry and calls her to testify.

Hence all these newspaper reports and hearings conducted in connection with this P10 billion pork barrel scam are useless and unnecessary. They are just a waste of time and the peoples’ money. They will not conclusively resolve the controversial issues and establish the guilt of the officials implicated. Only the courts, particularly the Sandiganbayan and ultimately the Supreme Court can conclusively resolve and write finis to this cases.

But of course, before the courts can act on these cases, the necessary complaint or Information must first be filed. Only the “Independent Office of the Ombudsman” can do so by conducting the needed preliminary investigation to establish probable cause for the filing of such cases. In fairness to all concerned, it should in the meantime control publication of matters covered by its investigation “when circumstances so warrant and with due prudence.”

For the nth time and for the orderly administration of justice therefore, appeal is hereby made to the Ombudsman to do its job. This is the most opportune time and the best way to prove to the Filipino people that your office is really “independent.”

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