Since anti-corruption was the main theme of the Aquino-Roxas campaign, then we should expect a lot of investigations and prosecutions in the incoming administration. Indeed, the culture of corruption is endemic in Philippine society today. From the lowly “typists” in our government offices to the mighty “signers” who are authorized to issue permits and licenses, there is, more often than not, an expectation that a below the table payment needs to be paid to facilitate the release of government documents.
Verily, corruption is not a problem peculiar to the Philippines. Yet it is quite obvious that the problem is managed better in more advanced democracies. Is it because the citizens of these countries are simply better people? Or is it because their laws are strictly implemented so much so that there is real fear in breaking them? I refuse to believe that the answer to the first question is in the affirmative. Indubitable proof is that most overseas working Filipinos are known to be law abiding residents and citizens in other countries. More important then is the answer to the second question raised.
To be sure it will take years, perhaps generations, to eradicate (or more accurately, mitigate) the problem. But we have to start somewhere in the journey and the incoming Aquino administration represents a new beginning which can take significant strides to combat this social menace.
The presumptive appointment of CHR Chair Leila de Lima as DoJ Secretary seems to be a step in the right direction. Her tenacious, no-nonsense reputation is the call of the times. But I dare say that even this wonder woman of a lawyer will not be able to do the job alone. P-Noy will not only need to set up a leadership of superhero lawyers to combat crime and corruption, but also a cadre of young idealistic legal assistants who will form some sort of like a justice league of the Philippines. And the citizenry will need to be engaged to do its part as well.
Perhaps it would be helpful to briefly explain to our readers (particularly the non-lawyers) the key players in the fight against corruption and their main functions.
By way of background, the 1987 Constitution has devoted an entire article (Article XI) on the Accountability of Public Officers. Section 1 thereof sets the right tone in proclaiming that: “Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice and lead modest lives.”
At the forefront in the fight against graft and corruption is the Office of the Ombudsman. This Constitutional body is clothed with wide and far reaching authority including: 1) Investigate any act or omission of any public official that appears to be illegal, unjust, improper or inefficient; 2) Direct any public official to perform and expedite any act or duty required by law, or to stop, prevent and correct any abuse or impropriety in the performance of duties; 3) Direct the officer concerned to take appropriate action against a public official at fault, and recommend his removal, suspension, demotion, fine, censure or prosecution; 4) Obtain copies of contracts or transactions involving the disbursement of public funds and report any irregularity to the Commission on Audit; and 5) Request any government agency for assistance and information necessary in the discharge of its responsibilities and to examine pertinent records and documents.
Reading through this list reminds me of the memorable line in Spiderman: “With great power comes great responsibility.”
If the Ombudsman decides to file a case against an erring public official, then the same will be heard by the special anti-graft court known as the Sandiganbayan. The latter also handles all prosecutions initiated under RA 3019 or the Anti-Graft and Corrupt Practices Act.
There is of course the Department of Justice (DoJ) which acts as the principal law agency of the government. The DoJ’s main function is the investigation and prosecution of crimes which it performs through its constituent units, primarily the Office of the Chief State Prosecutor and the various provincial and city prosecution offices. Also under the DoJ are the National Bureau of Investigation, Bureau of Immigration, Office of the Government Corporate Counsel, Public Attorney’s Office, Land Registration Authority and several agencies dealing with our correctional system. An independent office yet attached to the DoJ is the Office of the Solicitor General. The OSG shall represent the Government of the Philippines, its officials, agencies and instrumentalities in any litigation, proceeding or investigation.
If the DoJ finds probable cause against an individual accused of committing a crime, then an information will be filed against that person with our regular courts.
One of the first Executive Orders of President GMA in 2001 was the creation of the Presidential Anti Graft Commission which was tasked to investigate and hear administrative complaints against erring Presidential appointees. There is obviously an overlap between the functions of this commission with that of the Ombudsman and the DOJ. But given the gravity of the problem, you could possibly raise the “more the merrier” argument (although the counter argument is the saying “too many cooks may spoil the broth”). I tried to review the decisions of the PAGC during its nine year tenure but unfortunately the portion of its website on that topic was “under construction.”
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Today is a special day in two ways: First, it is the death anniversary of St. Josemaria Escriva de Balaguer, founder of Opus Dei. His main teachings revolve around the theme that we should view our daily work and everyday tasks as a form of prayer. From a secular perspective, perhaps this is a frame of mind that all of us citizens should adopt in the collective mission of nation-building. Today is also special because it marks the first year anniversary of this column. Thank you for all the kind emails and texts. “Parang kailan lang…”
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“Great” holiness consists in carrying out the “little” duties of each moment.” — St. Josemaria Escriva
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E-mail:deanbautista@yahoo.com