He the man?

Here’s my bottom line in the controversy over two ineligible senior basketball players of De La Salle: We do not yet know the full story behind the scam, and we missed a golden opportunity to blow a scandal wide open.

Tragically, in both reports of the fact-finding committees of DLSU and the UAAP, there were no "findings of fact" as to who caused the falsification of the Philippine Educational Placement Test Certificate of Rating (PEPTEST Certificate) for Mark Lester Benitez and Timoteo Gatchalian III.

The DLSU Report did identify Mr. Raul "Awoo" Lacson, a contractual statistician of the basketball team, as having given the spurious PEP Certificates to both Mark Benitez and Timoteo Gatchalian. Also, Manny Salgado, assistant manager of the team, was mentioned as "possibly the other person with prior knowledge as to how the spurious document of Mark Benitez would be obtained." (Itals. ours) The UAAP Report followed the same tack, more or less, in a little more detail.

From an evidentiary point of view (not technical rules of evidence but simple sense and sensibility), having given the spurious documents or having had prior knowledge of the fabricated document of one player (Benitez) is not quite the same as having participated in, or caused, the falsification itself. Both Lacson and Salgado denied any personal knowledge about the Benitez PEPTEST Certificate.

Thus, both reports were essentially useless for purposes of fixing responsibility on the persons responsible for the falsification. One would think that that would have been the primary concern of DLSU. But its report seemed more bent on stressing the "finding" that: "No DLSU official was mentioned by all those interviewed."

Well, the UAAP Report, as we’ve noted previously, did mention several DLSU officials, including the Registrar, Mr. Edwin Santiago, who showed little alacrity in verifying the authenticity of the PEPTEST Certificates of the ineligible players. However, the DepEd made clear, and the UAAP agreed, that school registrars are responsible for authenticating documents submitted in the application process.

Another official mentioned was Bro. Robert "Bro. Bobby" Casingal FSC, Director of the Office of Sports Development. He was pointed to by Mark Benitez as having instructed him not to mention Frederick "Derek" Pumaren, University of the East consultant for the men’s basketball team, and Agustin "Jun" Tiongco, assistant coach of the UE basketball team, in any written statement in regard to the falsification.

Both reports confirmed the fabrication of the PEPTEST Certificates. Among the defects noted in the Benitez certificate were: the indication of a false and non-existent test venue; the signature of one DepEd official on the certificate was digitally scanned, not originally signed; and the document lacked a security logo. Defects in the Gatchalian certificate included the wrong Division code for the venue indicated, and discrepancies in the "raw scores, transmuted scores, and the certificate format."

The fake certificates were actually used by the ineligible players. They allegedly took, and must have passed, separate admission tests given by the University for incoming athletes after receipt of the fake PEPTEST Certificates. They were admitted to study in degree courses of the University, and became members of the senior basketball team.

The fabrication of the PEPTEST Certificates arguably constituted falsification of documents punishable under Articles 171 and 172 of the Revised Penal Code, depending on whether the forgery was perpetrated by a public official (such as, theoretically, a DepEd official) or a private individual.

Any public official or private person who cooperated with the culprits, conspired with them, or in any way benefited from the act would be criminally liable. The penalties for falsification range from 6 months and one day to 6 years (Art. 172, Revised Penal Code) to 6 years and one day to 12 years (Art. 171, Revised Penal Code). Evidently, these are not minor crimes.

The one-year suspension meted out by the UAAP Board, whether or not we agree with it, was a judgment call. However, we wonder why the Association’s fact-finding committee pussy-footed around on the critical issue of who caused the fabrication.

Since the ball has been dropped, further inquiry should be conducted by other independent bodies on the falsification of official documents. It is by no means clear that the instances of falsification of PEPTEST certificates were limited to the two DLSU basketball players. If other schools, including my alma mater, Ateneo de Manila University, committed any similar offenses, the book should likewise be thrown at them.

Was there – is there – a syndicate composed of DepEd insiders and private individuals trafficking in these Certificates for pecuniary gain? The value of these Certificates is manifest. They are a key to admission to college, to an athletic team, to stardom on the college leagues, and then to a lucrative career in professional ranks.

Awoo Lacson is named in both the DLSU and UAAP Reports as the person who gave the falsified certificates to Benitez and Gatchalian. Manny Salgado supposedly had prior knowledge of the false documents. But neither is specifically identified as having caused or participated in the falsifications themselves, or in the procurement of the spurious documents. Both have denied any culpability at all.

But even if they were guilty, a still disputable assumption, could they have acted alone? For example, what was the real role of Jun Tiongco in this entire sordid affair? Why did he find it necessary to deny that he had any friends or relatives in the DepEd? Benitez testified that Tiongco accompanied him to the DepEd, ostensibly to take a second PEPTEST. He never took that test, but was subsequently told that everything was taken care of. It turned out later that things had really been taken care of.

Perhaps another body, such as the National Bureau of Investigation, should take over and determine the facts. If violations of criminal statutes were committed in the fabrication of the PEPTEST Certificates, some people should do time.

If our young college men and women become steeped in a culture of complicity or silence, as well as a culture of cheating, the idea may take hold that in this country crime pays, as long as one does not get caught. God help us!