Confess heinous crime, then be state witness

It’s easy to get away with heinous crime in the Philippines. Just confess to it and make some amends – and become an instant state witness, immune from suit.

That’s what Ruby Tuason did in the P10-billion pork barrel plunder. She weighed down on just two of 37 co-accused lawmakers, bureaucrats, and fixers, then returned P40 million of the loot. Presto! The Ombudsman last Friday granted her immunity as a protected witness.

Next in line is purported main fixer and 20-percenter Janet Lim Napoles. Unable to refute whistleblowers and smoking-gun documents at the Senate, she detailed in writing the involvement of 16 more senators and 188 congressmen. Unstated is how much she is to refund. But Justice Sec. Leila de Lima, who has yet to name the lawmakers, already is considering her as state witness too.

This is a happy precedent for guns for hire, kidnappers, rapists, arsonists, narco-traffickers, and terrorists. Admit fully to their atrocities, turn in a cohort or two, recompense their victims some, then go scot-free. No need to stay a single day in jail for the non-bailable offenses. It’s a novel way for the government to save on prison space and meals. Also, to lighten court dockets, police workloads, and prosecuting time.

It’s unclear how the Ombudsman verified Tuason’s true share from the scam. She says she had used it to buy a mansion in posh Dasmariñas Village, Makati. Having sold the property, she is surrendering the proceeds: P40 million. Houses in Dasma usually fetch four times more. Will the Ombudsman check if Tuason used the differential to pay capital gains tax?

The grant of immunity to Tuason comes ahead of those for ten whistleblowing ex-employees of Napoles, who had applied in October. Ahead too of three mid-rank impleaded bureaucrats who had offered to turn state witness in January. The time lag cannot be because they’re not returning any amount. “Money is a minor consideration,” the Ombudsman says in comparison to Tuason’s limited revelations.

In filing the plunder raps in October, De Lima submitted to the Ombudsman “truckloads of documentary proof” against Tuason, Napoles, and the 36 others. It now seems the evidence is not so solid after all, given that de Lima endorsed Tuason’s turning state witness and is mulling the same for Napoles.

 Tuason no longer will be indicted for plunder with the 37 others before the anti-graft court. The Ombudsman has the power to grant immunity to one who can produce documents against the co-accused. In which case, the two cohorts whom Tuason is pinning down can also offer to do the same to two more each, then those newly pinned down can also produce documents against others, and so on until only one of the 38 is left. It’s like the children’s game Red Rover or the Filipino version Habulan Statue, in which one side grows in number by capturing opponents, until only one is left to be “it.” In this plunder rap, the “it” could be the uncle of one of Napoles’ staff, an emigrant to Australia whose name was used without consent as president of a bogus NGO. He’s the only one who’d be unable to produce any damning papers.

 The pork scam is separate from the P900-million theft of the Malampaya Fund for disaster victims, in which Tuason also is implicated (with Napoles). How a supposed repeat offender can become state witness is purely the Ombudsman’s discretion. Tuason likely will be dropped from the Malampaya charge sheet. For, what good is immunity if not total – to keep the state witness talking? Besides, Tuason has implicated in the Malampaya scam her own brother, incidentally now dead.

 There are other ways to make criminals talk – sans immunity grants. One is to implead relatives who partook of the crime and the proceeds. His wife and three sons had helped General Carlos Garcia hide the P302 million he stole as Armed Forces comptroller. He took blame for everything, to get them off the hook. Neither the Dept. of Justice nor the Ombudsman has indicted Napoles’ son and daughter who allegedly headed fake NGOs in the pork and Malampaya scams.

 Another way is to make white-collar criminals taste jail time. Neither Tuason nor Napoles has spent one second in a real jail. Tuason never was put behind bars since returning from hiding in America. Napoles is detained in VIP quarters and in hospital, not for the pork or Malampaya plunders but illegal detention of a whistleblowing nephew.

 In other lands, criminals are allowed to plea-bargain for lighter offenses, but still made to spend jail time. There is ample punishment, opportunity for rehabilitation, and deterrent effect on future offenders. General Garcia tried to strike such a deal, just that the Ombudsman had freed him while still secretly negotiating, thus ruining it. This time, it would seem, the Ombudsman never copped a plea with Tuason.

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Congratulations to theater artist Cecile Guidote Alvarez. The long running show she directs and hosts, “Radyo Balintataw,” was adjudged best in culture and arts, and awarded the Kapisanan ng mga Brodkaster sa Pilipinas (KBP) Gold Dove. Cited was the episode of “Bonifacio – the Zarzuela,” performed by Phil-Stagers under Vince Tañada.

Twenty-two-year-long “Radyo Balintataw” features drama, poetry, music, and storytelling every weeknight, 11:30 p.m., on DZRH (666-AM). Interviews on sociopolitical issues and the environment air Sundays, 6 p.m. The show previously has been awarded the KBP Golden Dove for best drama and best documentary, and the Catholic Mass Media Award. CNN People Count also has featured it, with an intro by Jane Fonda; global webcasts too. Founder of the Philippine Educational Theater Association (PETA), Guidote-Alvarez was the youngest ever Magsaysay Outstanding Asian Awardee, for public service through arts.

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Catch Sapol radio show, Saturdays, 8-10 a.m., DWIZ, (882-AM).

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