Partners in crime

Businesswoman Janet Lim-Napoles is now in detention, claustrophobic in a bungalow that would be deemed comfortable by millions of underprivileged Filipinos.

Napoles is being held without bail for serious illegal detention. If she is indicted in connection with the pork barrel scam, and she fails in her bid to turn state witness, she is likely to spend the rest of her life in prison.

Now the question is whether her alleged powerful partners in crime will suffer the same fate.

Since the amounts involved in the scam allegedly add up to at least P50 million each for certain lawmakers and other government officials, they should be indicted not just for simple corruption but plunder. Bail is normally not allowed for this offense, unless the evidence is weak – which it doesn’t seem to be in the case of the pork barrel scam, if we go by the documents put together by the Commission on Audit (COA) plus the stories of the witnesses against Napoles.

People ask how long the public indignation over the scam will last. Some politicians seem to be hoping that this will turn out to be a storm surge, powerful and destructive but brief, blowing over (they hope) before the gift-giving season of Christmas.

Recent history, however, shows that despite a reputation for short memories and a fleeting attention span, Pinoys are capable of protracted, tenacious indignation and interest in certain issues. This was evident in the outrage over the 1983 assassination of Ninoy Aquino, which culminated in the 1986 people power revolt. It was again seen in the events that led to the ouster of Joseph Estrada from the presidency in 2001. It was evident in the ZTE broadband and other corruption scandals that, combined with the death of Corazon Aquino, doomed Arroyo allies in the 2010 elections and swept Benigno Aquino III to power. Most recently, it was seen in the impeachment and ouster of Renato Corona as chief justice.

Certain events or issues serve as triggers for bringing to the fore simmering public resentment over the blatant abuse of power.

Advances in communication technology are also creating better informed and empowered citizens even at lower income levels. Filipinos are becoming increasingly aware of how much the government takes from their earnings and what they should expect in turn from those entrusted with public funds.

As events since the Aquino assassination have shown, public interest ebbs only after principal players are either kicked out of government or arrested and held without bail.

A common question these days is whether any senator or congressman will be arrested and held without bail for plunder in connection with the pork barrel scam. Will any lawmaker be convicted and sent to prison?

Lawmakers are not immune from criminal prosecution, and they are safe from arrest only within the premises of Congress. They can hole up in their offices. Considering the public mood these days, however, I’m not sure lawmakers will want to aggravate their tattered image by making their chambers look like certain hospitals that allow themselves to serve as a refuge for scoundrels.

*      *      *

Concerns are now being raised on the fallout of the pork barrel scandal on business confidence in the Philippines. Much of that confidence is anchored on the perception that President Aquino’s administration is sincere in its pursuit of the straight path or daang matuwid in governance.

If P-Noy does not want that confidence shaken, the best that he can do, considering the political environment, is to show impartiality. He cannot afford to look like he is protecting close friends and political allies.

The COA is supposed to be an independent constitutional body. But that independence is being questioned these days by opposition politicians who feel they have been singled out in the COA’s damning special audit on the pork barrel, which focused mainly on fund misuse during the Arroyo administration, from 2007 to 2009. What happened afterwards? The flawed system remains in place, with all the loopholes for pork barrel skimming. Did lawmakers and local government officials turn into saints starting in 2010?

Sen. Teofisto Guingona III, who is conducting the chamber’s inquiry into the scam, should dispel accusations that his committee’s probe is nothing but a demolition job on the opposition. The last thing he should want is for his probe to be dismissed as nothing more than politics as usual and a selective witch-hunt.

Guingona must compel state auditors to also talk about pork barrel utilization in the time of daang matuwid. State auditors have completed some of the reports and are opening the records for public scrutiny. The reports indicate that Napoles’ dubious non-government organizations (NGOs) are very much alive, with lawmakers and local government executives among those involved. Not all of them are from the opposition.

“Demolition job” is a convenient excuse of politicians who are accused of wrongdoing in this country, even when the accuser presents a clear paper trail. “Politically motivated” is another blanket description of accusations, including those backed by solid evidence of wrongdoing.

Obviously, political foes have greater motivation to dig up dirt on their rivals. As long as the crime imputed is real and supported by solid evidence rather than hearsay, ordinary folks should be grateful for these rivalries. Often, political feuds provide the only way for people to find out how public funds are being misused.

If you’re a crook, why do you need anyone to demolish you? Your political foes simply become the amplifiers of your misconduct.

Napoles could not have pulled off her elaborate and hugely profitable caper for several years without the blessings of the influential officials who are entrusted with billions in people’s money.

Once Napoles is prosecuted for this scam, people expect the same treatment for those accused of being her powerful partners in crime.

*      *      *

GRAFT AND CORRUPTION, the book: There’s a useful primer for laymen on the many aspects of corruption in this country, from the difference between graft and corruption to the laws covering these offenses. Presented in an easily understandable Q&A format, the book is written by Romeo Escareal, who served as associate justice of the Sandiganbayan from 1978 to 1996, and his daughter, accountant Rosanna Escareal-Velasco. The title is “Graft and Corruption: The Twin Scourges of Philippine Society.”