Not only in the Philippines

Last week, we tackled the problems that may arise in case the US Government defaulted on its debt.  That was thankfully averted. I thought that the down-to-the-wire law temporarily re-opening the US Government and raising the debt ceiling was interesting from a Philippine perspective in two respects. First, even if the “kicking the can down the road” measure was cobbled together at the last minute, the US Congress was able to insert “pork barrel” projects unrelated to the main purpose of the law such as a $2.2 billion allocation for the Ohio-Kentucky river project, $636 million for fire fighting equipment, $450 million for Colorado’s flood damaged roads and $200 million for veteran benefits.  Note that the leader of the Senate Republicans, Mitch McConnell, happens to hail from Kentucky. So the pork barrel phenomenon is not unique to the Philippines except that in our country, it has evolved from pushing for pet projects (which is not necessarily wrong) to pocketing from ghost projects.

Second, President Obama lashed out against the Republicans for “manufacturing a crisis,” saying that “disagreement should not mean dysfunction.” He challenged them to “act responsibly” and “regain the people’s trust.” (Does this sound at all familiar?)  Finally, he said that “if you don’t like it (i.e., the system), you should change it, but not break it.”  I am not sure if the latter comment is applicable to the Philippine setting as while many Filipinos do not like our current pork barrel system, they not only want to change it but break it altogether.    

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Fair compensation:  The recent disclosure about the 2012 bonuses supposed to have been paid to the directors, officers and employees of government owned and controlled corporations (GOCCs) such as the SSS, MWSS and PhilHealth elicited a critical frown from many. And rightly so. One of the major criticisms against the previous (and not so previous) administrations is the excesses committed by these corporations.  This was precisely why the Governance Commission on GOCCs (GCG) was created.  Since the Filipino people are the ultimate owners of these entities, then the level of accountability for its officials is similar to that of any government agency.  Perhaps this is an opportune time to mount a national discussion on how our government officials should be compensated. Having been in the private sector for over 20 years, let me provide my four centavo insights on this topic next week.

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No such animal:  We have written about this topic before but it would seem that many, particularly our colleagues in the print media, have not been properly informed.  One still reads about a “non-bailable crime” such as plunder, murder or qualified theft.  There is no such animal as a “non-bailable crime.”

The pertinent provision of our Bill of Rights provides that “all persons, except those charged with offenses punishable by reclusion perpetua when the evidence of guilt is strong shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.”

Hence the general rule is that everyone accused of any crime is entitled to bail. This is not only an acknowledgment that any imprisonment is a form of punishment but it also honors an accused’s right to be presumed innocent unless the contrary is proved.  It bears noting that the evidence required for conviction is not just substantial evidence (administrative cases) or a preponderance of evidence (civil cases) but the most stringent standard which is proof beyond a reasonable doubt (criminal cases).  

Thus, just because a person is accused of an offense punishable by reclusion perpetua (or capital offenses) does not mean that the person should automatically be denied bail. The State must also prove that the evidence of guilt is strong. In such instances, an accused can seek a bail hearing to determine the prima facie strength of the evidence. So the proper term in describing capital offenses is not “non-bailable” offenses but crimes when bail is not a matter of right.

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A tribute and a lament:  Not many of you would know Marites “Tess” de la Cruz. She was the one and only assistant in our 10-year-old MBA-Law program. She performed her tasks diligently and without any fanfare. Not only did she deal with the students’ rambunctious personalities with tremendous patience, she always managed to maintain a cheerful and pleasant outlook. Not only did she handle the many logistical requests of faculty members, she always did so with a sunny disposition and a ready smile. And while her work would pile up, I never heard her complain.  She did not have a mean bone in her body. She possessed an attitude of gratitude. She was as faithful as faithful could be.  

In their late 30s, Tess and her husband Bogs had two beautiful boys aged 12 and 9, but wanted to make a “last try” for a girl. They got their wish last October 5. Unfortunately, Tess — who has had a history of asthma — suffered an attack, just right after delivering their daughter. For some reason, she was deprived of oxygen for 15 minutes and lapsed into a coma. Family, friends and students stormed the heavens with prayers and pleas for a miracle. It was not to be. She expired last Thursday.  

Why this tragedy would befall a young family, I do not know. The timeless question “why do bad things happen to good people?” continues to beg an answer. Meanwhile, our faith teaches us to believe that things occur for a purpose and we need to place our trust, especially during these difficult moments, in such faith. Farewell, faithful Tess. Thank you for everything.  May you reap your eternal reward. Our prayers will be with you and the young family you leave behind.  

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“God has a purpose for your pain, a reason for your

struggles, and a reward for your faithfulness.”                     — Unknown