Better dead than a plunderer

“Come senators, congressmen, please heed the call

Don’t stand on the doorway, don’t block up the halls

For he who gets hurt will be he who has stalled

There’s a battle outside and it’s raging…

It will shake your windows and rattle your walls

For the times they are a –changing…”

-Bob Dylan

Yes, the times they are a changing. Barely a week ago, a senator who is one of the accused in the pork barrel scam made a mockery and insult to the privilege speech reserved only for men with honor and intellect. He even made a video presentation showing a self-serving tribute to him. The media blitz cum privilege speech was a flop and it boomeranged.

Earlier, another senator accused the Aquino government of selective persecution against the opposition without even presenting an iota of evidence to prove his accusation. He barked up at the wrong tree by blaming the administration why his political adversary was not included in the Napoles’ list of plunderers.

Both of them claimed of innocence and both cried political persecution. They made irrelevant arguments that did not in any way respond to the very specific charges lodged against them. In short, they want to exonerate themselves of the crime even before they are being tried by an appropriate court.

The privilege speech turned out to be a movie script. They congratulated each other amid tumultuous applause from the millions of morons and idiots who voted them into office. The august chamber of the Senate was cheapened into a showbiz stage with their theatrical display of cheap gimmicks and drama.

Now the tide has turned against them. The Sandiganbayan has issued warrants for their arrest. The smiles and braggadocio are gone. No one would be surprised anymore if they feign any kind of sickness even if they are strong as a bull and demand special treatment while inside the detention center. Already one claimed of migraine.

The Sandiganbayan has issued warrant of arrest to 39 respondents, eight of whom were former and incumbent lawmakers that include senators Juan Ponce Enrile, Jinggoy Estrada and Bong Revilla. The three senators are accused of plunder and graft and corruption for the pork barrel scam.

However, the special treatment accorded to these three senators does not augur well to the justice system in the country. It only goes to show that there is a compartmentalized justice in the system – one for the rich and influential and another for the poor and underprivileged. Justice is reserved only to the former.

We expect a long legal battle royale in the offing. The Constitution requires the Sandiganbayan judge to determine personally the existence of probable cause even though the Office of the Ombudsman has already done so. This double determination of probable cause enables the judiciary to check the abuses of prosecutors who might indiscriminately file criminal charges. The legal processes take time.

Already the counsels of the accused have raised every conceivable issue under the guise of exhausting all legal remedies to protect their client. Even petty and trivial issue is being raised before the Supreme Court with obvious intention to derail the proceedings and hopefully to fish for technicality that will result in acquittal.

If all else does not work, other statutes available in the books would be invoked to delay the trial until the present administration ends its term. Already a presidentiable who happened to be a political ally of the accused has already hinted of pardon even before they are convicted in court as if he is sure of winning the election.

Plunder, as defined under Republic Act No. 7080, provides that any public officer who amasses, accumulates or acquires ill-gotten wealth in the aggregate amount of not less than P50 million shall be guilty of the crime of plunder.  The crime is non-bailable and it is punishable by reclusion perpetua or death.

In the meantime that the case is being tried in court, the accused shall be detained and suspended from office. If he is convicted by final judgment, he loses all his retirement and gratuity benefits from the government. However, if he is acquitted, he is entitled to reinstatement and the accrued salaries and other benefits which he failed to receive during his suspension.

Plunder is the worst crime of all. It is worse than theft for it involves public funds. It is a betrayal of public trust. Those involved in the ‘mother of all scams’ are guilty of pocketing  public funds that otherwise should accrue to public health, education, housing and other essential social services for the benefit of the people.

If found guilty, they must be meted out the just punishment that they deserve under the law. No compassion, no special treatment even if they happen to be the highest officials of the land.

Under the circumstances, the most honorable thing to do is to put a single bullet into a revolver... which may spare the family from never-ending humiliation and ridicule. The catch word - Better dead than a plunderer.