Davide to SC: Phl signatory to 2003 UN Convention vs Corruption

MANILA, Philippines –  Former Chief Justice Hilario Davide Jr. reminded the Supreme Court (SC) that the Philippines is a signatory to the 2003 United Nations Convention Against Corruption (UNCAC) that ensures the existence of the appropriate body to carry out its functions effectively to prevent corruption.

Davide lamented the dramatic irony that the SC had declared the Truth Commission as unconstitutional even as the Philippines celebrated International Corruption Day as one of the nations that adopted UNCAC.

Davide said the mandate of the UNCAC speaks of ensuring the existence of an anti-corruption body and granting its independence to allow it to carry out its functions effectively.

“Definitely one such body is the Philippine Truth Commission of 2010,” Davide pointed out.

“We ought to be proud and to know that our country is an original signatory to the Convention, having signed it in December 2003,” he said.

Davide said UNCAC came into effect in 2005. “The Philippines certified it in November 2006. These things occurred during the previous administration,” Davide told the United Nations Development Program Forum.

The UN adopted UNCAC based on the concerns and threats posed by corruption to the stability and security of many nations.

The UN noted corruption is undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law among member states.

UNCAC is an international treaty and the first of the UN’s global anti-corruption instruments representing an international consensus about what states should do in the areas of corruption prevention and establish frameworks of agreed rules and standards.

Former President Gloria Macapagal-Arroyo signed the Philippine accession to the UNCAC and transmitted its ratification to the Senate that ratified the treaty in 2006.

“No one can deny that corruption in the Philippines has reached a very alarming level. And its costs are staggering and shocking. It caused the loss of public funds to the pockets of greedy and dishonest public officials, seriously undermining the delivery of basic services to the people, impeded national growth, development, progress, prosperity and stability, government indebtedness and worse, it has hampered the people’s trust and confidence in the government, honest officials and institutions,” Davide stressed.

The former chief magistrate said the SC was apparently unaware of the UNCAC when it declared Executive Order No. 1 that created the Truth Commission as unconstitutional.

“Was the Supreme Court unaware of UNCAC and those pronouncements in EO No. 1 when it deliberated on cases questioning the constitutionality of EO No. 1,” he asked.

The Truth Commission, Davide said, aims to make such wrongdoers accountable and to bring them to justice. It is set up primarily to investigate and report on the pattern of abuses by previous government.

Davide is hopeful that the SC will “reexamine” its position that declared EO 1 as unconstitutional and grant the motion for reconsideration.

He stressed the High Court ruling is not an obstacle in seeking the truth about large-scale graft and corruption and to ensure that those responsible will be held accountable, because the government is presently pursuing the objectives of EO 1 and the mandate of the commission.

“I hope and pray that the Supreme Court will reexamine its position and grant the motion. In short, the war against graft and corruption has not been lost,” he said.

Davide said the decision of the SC against EO 1 is not an obstacle but “should even inspire truth seekers and warriors against graft and corruption to do more and more,” he said.   – With Jaime Laude, Sandy Araneta