Doing our part

To achieve reforms and effect changes in our government, it may really be necessary and proper to dig up and probe into the myriad of wrongdoings and anomalies apparently perpetrated and tolerated by the past administration. Hence there is nothing wrong if Executive Orders are issued by the Executive department and Resolutions are adopted by Congress of the present regime undoing the past acts and decisions and conducting inquiries on the various deals and practices of the past regime. This is also true with respect to the creation of a “Truth Commission” primarily to look into the alleged corruptions during the Arroyo administration and the possible culpability of the past President in some of them.

Admittedly, there were apparent and blatant attempts on the part of the past administration to keep the citizenry in the dark about its inner workings, actions, deals and transactions. These attempts are indeed enough to arouse suspicion that it has done something wrong. But this administration must still avoid the dangerous tendency of at once presuming that the past regime has really committed the alleged anomalies and wrongdoings presently being exposed; that anything done by the Arroyo administration, or anybody connected with it must be corrected or purged.

At this juncture, as the present Executive and Legislative Departments try to implement the necessary reforms in the government through their on-going probes and other moves, people are starting to gradually form a belief on the principle of presumption of guilt until proven innocent which is directly contrary to the basic democratic principle of presumption of innocence until proven guilty.

Definitely, P-Noy and his team in both departments have no intention to disregard this basic democratic principle or to lead the people to such erroneous belief. But whether they like it or not, that is the growing public perception. And there are two simple reasons for such perception: first, some of their moves appear to be hasty and sweeping as to raise factual questions and provoke legal controversies; and second, there is too much press coverage on those actions and exposes supposedly in the name of transparency.

Thus, one Administrative Order issued on the first day in office has to be recalled and/ or clarified while the first two Executive Orders (EO 1 on the Truth Commission and EO 2 on Midnight Appointments) are now being questioned before the Supreme Court (SC) on Constitutional grounds. I am sure that P-Noy’s boys simply want to show the people some immediate actions on the promised reforms. And they may eventually be upheld by the SC on EO 1 creating the Truth Commission. Nevertheless being “slow but sure” may have averted this wrong public perception and the legal hassles they are now encountering. It will also inspire more confidence in P-Noy’s administration.

Even more dangerous and alarming is the practice of the immediately airing and publicizing the alleged anomalies and irregularities unearthed and discovered by the newly appointed officials who took over the helm of the various government department and agencies. So too with the unlimited media coverage given to Congressional inquiries in aid of legislation on alleged corrupt and scandalous acts committed by officials of the past administration. Needless to say, this practice is quite unfair to those implicated in the said anomalies. Public opinion as to their guilt inevitably takes shape even before they are tried in the proper forum. Such practice results in trial by publicity and looks more like a witch hunt which is certainly not the kind of “reform” the people expect from P-Noy.

Instead of going to the press right away and baring the alleged irregularities upon their discovery, the newly appointed officials should quietly refer the matter to the proper State prosecutor or the Ombudsman for evaluation of the evidence unearthed and determination of the existence of probable cause to charge and hold the implicated persons for trial before the court of competent jurisdiction. Only after a discreet and low key preliminary investigation and filing of charges in court, should the case be given ample publicity. The present practice of even calling a press conference to divulge the alleged anomalies right after their discovery not only taints the right to “due process” but also enables the persons implicated to prepare their defense by discrediting or disparaging the evidence dug up.

The same is true with respect to the Congressional inquiries in aid of legislation. Its press coverage should be minimized or even discontinued. The ongoing inquiries are no different from the Congressional investigations during the past administration which are characterized by too much fanfare, grandstanding and bluster only to end up with no specific legislation passed or actions taken by the corresponding offices where the findings landed.

So far it seems that the promised changes and reforms in government are not yet seen and felt. Of course it is still too early in the day to say that the promised reforms will not materialize. There is indeed plenty of time for P-Noy and his team. I am pointing out all these observations not to criticize or downgrade P-Noy’s administration but only to comply with my pledge during his inauguration to do my part in realizing the dream of a new and better Philippines. As an ordinary citizen and a friend, pointing out these defects is the best and only way for me to do my part and comply with my pledge.

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