The fix bears fruit

Yesterday, I had lunch with a Regional Trial Court Judge who was straight forward enough to share his observations regarding how corruption takes place in various branches of government, based on cases he has gone over. Through the lunch we talked about the Impeachment, Customs, BIR as well as the Judiciary.

As part of my limited input, I told the Judge how I had a particular distrust of fiscals from the city of Makati, because of the widespread complaints of corruption and unfair handling of cases that I’ve heard from several lawyers as well parties to cases. While I would not indict them all, the general impression about Makati fiscals is not wholesome.

Barely an hour after going our separate ways, I received a report that a Makati fiscal had been arrested after an entrapment was conducted by officers of the Criminal Investigation and Detection Group of the PNP and representatives of the popular TV show “Bitag” of Ben Tulfo and TV5.

The entrapment case is so telling about the justice system in the Philippines. Corruption is so bad and done with impunity that it is public knowledge. Lawyers, court officials and even media are well aware of the Makati problem but in spite of this, no serious effort has ever been done to clean up the reputation if not the reality of corruption among fiscals in Makati.

From what I’ve gathered, there are three layers or levels of corruption: the investigation, the review, and finally the office of the senior fiscal or the boss. Lawyers familiar with the Makati system are reportedly advised to influence both the investigating fiscal as well as the one conducting a review or risk being overturned at review. In the end fiscals and not judges decide upon a quarter if not half of the cases.

It is an absolute insult and embarrassment for the Judiciary and law enforcement when victims and complainants prefer to go to TV anchors and TV programs such as “Bitag” instead of officers of the court or the Department of Justice. In many if not all the cases handled by media, it is often the media that entertains and receives the complaints, they also do the initial investigation, undercover work, as well as case work because they are not confident about law enforcers doing the spade work and giving what is important, the priority required.

If members of media are being slaughtered, we should stop blaming it on politicians or an atmosphere of impunity. What we should all do is blame it on the government, particularly the Department of Justice, for its failure to address the injustice and the corruption all around.

Members of media are being killed because they are the only ones left, “the Last Man Standing” so to speak who actually believe that they can make a difference, the only ones trusted by many to be brave and insane enough to bring the fight to the corrupt. Unfortunately, only the PNP seems to be doing something about the matter. What’s the point of having all the intelligence funds if no real undercover work is being done by other intelligence units?

I’m sorry Mr. President, corruption in the Philippines, particularly in your government is still alive and kicking. It is not your fault but do not be misled that it has been neutralized.

Coming out of the annual filing of income tax returns, I chanced upon businessmen who attended the wake of broadcast veteran Lito Balquedra Jr. After the polite remembrance of LBJ, a couple of people lamented about how their tax liabilities were “fixed” by the very persons who initiated “reviews” against them. In one case, the “BIR investigator” volunteered to process the papers and payment for a businessman. The agreed assessment was P125,000 that was paid in cash. When the official BIR receipt came, the amount reflected was P25,000. The businessman did not ask questions.

According to the Judge I had lunch with, a very prevalent activity right now, has to do with subpoenas. In one case a company had changed address some five years ago and only learned of the subpoenas by coincidence through former neighbors. By the time the company managed to get to the BIR, they already had a case in court. Long story short, they had to cough up money to appease the BIR agent, pay the fiscal to withdraw the case from court, and pay the measly sum due to the government. In the end, the corrupt officials collected 1000 times more than the Philippines received!

I will state for the record that I continue to respect and honor the integrity of Commissioner Kim Henares, but for as long as BIR personnel are the investigator, the prosecutor and effectively the judge, so much power will produce corruption.

If we have a witness protection program, we have an even greater need for a “complainant-honest citizen protection and guarantee program.” If a corrupt official continues to serve it is a sign that no real change has taken place.

For as long as Kim Henares, as well as Ruffy Biazon of the Bureau of Customs don’t have the direct power or authority to fire or replace political appointees at the BIR and the BOC, they won’t hit their quotas and there will be corruption in the Republic of P-Noy. So help him, God.

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