Looking for scapegoats

In his New Year message, Noynoy Aquino claims his government is winning the fight against corruption. While I do not doubt the strength of his conviction, I have very serious reservations about the reliability of that conviction, and whether it is rooted in fact or fiction.

Just take a look at one of the first statements issued by his newly-minted Customs chief, John Philip Sevilla. Customs is one of the acknowledged snake pits of corruption, so when Noynoy placed Sevilla there, it has to be inferred that the appointment was a vital part of his anti-corruption campaign.

Sevilla, on the other hand, like all newcomers to a job, must concededly be burning with idealism and enthusiasm. Hard not to wish anybody well with such attributes. But zealousness is one thing while capability is another.

One of the first statements Sevilla issued as new Customs chief is to blame the courts, saying the judiciary is partly to blame for the proliferation of rice smuggling. His reason? Many so-called rice smugglers run to the courts and are promptly granted injunctions against hold and seizure orders issued by Customs.

Sevilla may be right in that context. But that is not the right context for his statement. It is not only incomplete, it is sweeping and unfair. Injunctions are normal courses of action of the courts. It is not as if the courts are already favoring smugglers, as Sevilla contends, if the courts issue injunctions.

It is also sweeping because Sevilla did not identify which courts, or judges, he suspects of colluding with smugglers. To say the courts as a generic term is to include even those that have never dealt with rice smuggling cases and therefore unfair.

What is most troubling about the Sevilla statement is that, instead of concentrating on sweeping his own backyard first, which is presumably what his marching orders from Noynoy were, he has looked over the fence and started calling the neighborhood names.

This can be read in several ways. One is that Sevilla may be unwilling to do the job he has been tasked to do. Or he may be afraid to step on so many toes. Or he simply does not know what it takes to do the job, in which case he has indirectly belied Noynoy's own claim of winning the battle against corruption.

I am not saying that the courts are not what Sevilla claims them to be. Corruption knows no distinctions. If there is corruption in the Church, there is no reason why there should be no corruption someplace else, like the courts.

But it was wrong for Sevilla to say that just because an injunction is issued against Customs in favor of a petitioner who happens to be a smuggler that the court is always in cahoots with the smuggler and should now be partly to blame for the proliferation of smuggling.

While it is true that some judges can be bought, it is most unfair for Sevilla to just say so and not name names. The only way for this problem to be solved is for the specific problem to be identified so that a specific solution can be found. Name the judge so he cannot contaminate the system. That's how easy it is.

Or is it? The answer to that one depends on none other than Sevilla himself. He can make his job easy, or he can make it tough for his boss Noynoy. There are no ifs and buts about it. Just making unsubstantiated statements will not take anyone anywhere.

Besides, even granting that "all judges" can be bought, which is how I understand what Sevilla is saying, why are we even entering that territory at all? Why are we talking of the courts? Why have we reached this point?

Smuggling can be stopped right within the Customs itself. There is no need for anything to reach the courts if Sevilla is truly up to his job. As top dog, he should know who his targets are in the bureau and how they operate. Looking for scapegoats is the surest sign of failure and incompetence.