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Opinion

Wiping out corruption or the opposition?

- The Philippine Star

While the majority of Filipinos all over the world want to see justice served in the pork barrel scam, there is also a large number of Filipinos who are aware that there are many more involved outside of the three accused senators. Overseas Filipino workers groups in particular are being vigilant, monitoring the progression from the time it first broke in July 2013 to the Senate hearings, the disclosure and emergence of several lists containing the names of individuals. They are convinced that Senators Juan Ponce Enrile, Jinggoy Estrada and Bong Revilla are not the only ones involved but many more particularly allies of the administration.

A large majority of Filipinos want to make sure that all those involved are made accountable. While they see it as a positive sign that charges have been filed by the Ombudsman, there is no doubt in people’s minds that there are many more individuals who took part in such a gargantuan scam that has obviously been going on for at least a decade.

Just how deeply this issue goes can be seen in the clamor from multi-sectoral groups for President Aquino to prosecute everyone – and that means from the ranks of both the opposition and the administration – involved in the pork barrel fund scam regardless of political color or affiliation. One concern is that while the Supreme Court has already ruled that the Priority Development Assistance Fund (a.k.a. pork barrel) is unconstitutional, there is strong perception that the practice of “political patronage through budgetary allocations” continues and that it has merely taken on a new face and a new name with new mechanisms to allow people to go around the pork prohibition.

What the administration needs to avoid is the perception that there is selectiveness in prosecuting and indicting individuals. “There seems to be selective justice. We are all aware that many people are involved and yet only three are charged,” said Integrated Bar of the Philippines president Vicente Joyas, in obvious reference to the other legislators included in the “lists” of star witness Benhur Luy and alleged pork scam queen Janet Lim Napoles.

Justice Secretary Leila de Lima has also come under fire for what people say has been “piecemeal” disclosure and the “by batch” (or “by botch” as some call it) filing of cases believed to be connected with the P10-bilion pork barrel scam allegedly pulled off by Janet Napoles. De Lima’s revelation that “a little more” lawmakers compared to the first and second batch of cases would be covered was also received with a bit of skepticism and comments about “overpromising and under-delivering.” If one could recall, the first batch of cases named 39 respondents, eight of whom are former and current legislators. In the second batch, 34 were covered with seven of them revealed to be former Congressmen.

And yet people are incredulous, their sentiments articulated by Manila Auxiliary Bishop Broderick Pabillo who asked, “Why is it they focus on the three senators in the opposition though we know there are also those in the administration who should be held accountable, too?”

In any case, many Filipinos see the filing of charges as a good development, since many were getting restless at what they perceived to be some kind of “foot dragging” as far as the progress of the case is concerned. On the other hand there are also many who are advocating caution, believing that “haste makes waste” and giving in to pressure (from where or whom people can only guess at) will result in weakening the case.

Some people have suggested the creation of two special courts or two special divisions from the Supreme Court to “exclusively try and conduct continuous trial” of the anticipated large number of pork barrel-related cases expected to be filed. However, there are also legal luminaries who are convinced it is not wise to create two special divisions precisely to avoid the perception of politics from coloring the treatment of the cases.

No less than Chief Justice Maria Lourdes Sereno has also weighed in on the issue, reminding everyone not to take shortcuts, to let the rule of law prevail and due process take its course. “While I understand your impatience and your desire to see action, the process is not that simple because we have chosen to submit ourselves to the rule of law. We must avoid shortcuts,” she said in the vernacular, reiterating that this is the only way to solve the deep-seated problems in our society and government. Those who agree with Chief Justice Sereno also point out that “mob mentality” will only set us back, remembering the impeachment trial of then president Joseph Estrada and that infamous walkout by Senator-Judges that resulted in the so-called Edsa Dos that gave Gloria Arroyo a nine-year term as president.

People complain about VIPs getting special treatment and comfortable accommodations in prison, but in the same token, just because the accused senators are VIPs doesn’t mean they should be tried in special “express” courts either. This could very well be interpreted as exacting retribution by shortcutting due process and the rule of law.

With only two years left for this administration, there is a strong possibility the trial of these cases will not be concluded by 2016. The key to this whole exercise is for people to see that Lady Justice remains blind and will not tip the scales to one side or another because of political color — “red” or “yellow.” What everybody wants to see is wiping out corruption – not wiping out the opposition.

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Email: [email protected]

BENHUR LUY

CHIEF JUSTICE MARIA LOURDES SERENO

CHIEF JUSTICE SERENO

DE LIMA

EDSA DOS

GLORIA ARROYO

INTEGRATED BAR OF THE PHILIPPINES

PEOPLE

SUPREME COURT

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