Unfair means to a fair end

Every administration, past and present, has vowed to annihilate the twin headed dragon of graft and corruption causing so many billions of pesos in losses to the government coffers every year. This is one crusade that really deserves the support of every Filipino who loves his country, both in the private and government sector.Not so much as to achieve complete success in one fell swoop but as to prove that it can be licked if done earnestly and resolutely; or as repeatedly said in so many campaigns, if carried out with an unwavering "political will". The recent moves of the Arroyo administration in opening this "front" among the many of its "on going wars" really stirred a flurry of excitement and renewed hope precisely because of the perceived political will being displayed by those in the thick of the fight.

Lest they forget however, this is not a real shooting war where no questions are asked before firing a shot or where they can shoot first and ask questions later.This crusade no doubt has a very laudable purpose but the means of carrying it out are still subject to limitations aimed at protecting the most basic and virtually sacred rights of individuals living in a democratic society.

The recent sacking of high-ranking BIR and Customs officials may have caught the admiration of citizens who are sick and tired of rhetorics in this campaign without any concrete results.But the manner it was done raises the hackles of so many libertarians dedicated to the rule of law and justice. Airing the results of a lifestyle check in media before proper charges are filed is simply not the kind of fair play that is the very essence of due process. Especially if the good name and honor of a person is at stake. Dismissing the officials concerned also through media before the charges are filed, is even worse. It smacks of high-handedness and despotism that has no place in a democracy which values the sporting chance of being heard first prior to being condemned in the bar of justice and public opinion. It is good that the BIR at least realized this mistake by recalling the dismissal of the two officials and sending them instead to the freezer.

Of course, fair trial is not incompatible to a free press, and the pervasive publicity may not per se constitute a denial of fair trial, since the rules say that decisions are made only based on the evidences presented in the proper body and not in media.But even if the officials charged are eventually cleared, the stigma of shame and disrepute caused by the undue publicity cannot be totally wiped out anymore.

There is also something wrong with the lifestyle check based on the disparity between the officials’ monthly salary and his properties. Rather than be considered as the source of culpability for unexplained wealth, the unreasonably low salaries of civil servants should be viewed with understanding as a circumstance that may force their families to engage in other legitimate undertakings to enjoy a decent lifestyle without sacrificing public service. Having more propeties compared to the extremely low income therefore does not conclusively or even presumptively establish that a civil servant has enriched himself in office. These indecently low salaries should rather prompt the government to raise their compensations to decent levels.Only when officials already paid with such "incorruptible" salaries are still found to be worth more than his income can it be presumed that he has enriched himself.

The unfairness and unreasonableness of this lifestyle check becomes more evident in the case of a career public servant who has served the government for over forty years starting as a clerk and rising from the ranks through sheer hard work until he became Assistant Commissioner of the BIR. A very unassuming man who certainly does not fit the mold of the high and the mighty, Atty. Percival T. Salazar entered public service not exactly poor, and gave the best years of his life at the expense of far more lucrative and prestigious opportunities. With the little dignity and comfort in life for the years of honest toil, he just wanted to quietly fade into the sunset in the waning years of his public life. His only misfortune is that of being overcome by events where the BIR’s reputation for corruption has sank to scandalous levels and where the excesses of the high and the mighty have aroused the ire of citizens to such extent that swift and spectacular accomplishments became imperative.

I am not worried about the outcome of his case.He can eventually vindicate himself.More worrisome is the use of unfair means in achieving desirable ends by over-enthusiastic functionaries in government eager to score points and create an impact against graft and corruption. With their moves, a career public servant’s image has been tarnished beyond repair whether he is found guilty or not.

A crusade, no matter how noble its purpose may be,will not succeed if carried out with perverse methods.

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