The correct move

Even as I go back to the daily grind of work after that relaxing and enjoyable eight-day cruise from Shanghai to Singapore, my feeling is that I have not really left home and my office. The advances of modern technology particularly the use of cyber space for internet communications are indeed among the great wonders of this modern world. Ours has truly become a “small world” that was once upon a time a mere place in a fairy tale existing only in the imagination of the children of our generation

These modern advances in technology have indeed enabled me not only to send some articles for my column in the Philippine STAR despite travelling thousands of miles in the vast open seas between ports of call in several countries we visited. It has also allowed me to touch base with my family and friends. Hence I was saddened to hear about the death of a close friend and fellow Rotarian Dodie Carlos after a lingering illness. For all his good deeds and humanitarian services in this world, may his soul rest in peace.

Even away from our country, I was also able to keep track of the bad news that continue to plague our country especially the unceasing and dismaying exposes of corruptions committed by our high government officials. Most dismaying and very surprising among these exposes is the supposed anomalous transaction in the Department of Health (DOH) involving the purchase of certain vaccines worth P866 million for the immunization of children against pneumonia. In this transaction, no less than the DOH Secretary, Enrique H. Ona, and one of his assistants have been implicated or suspected to be involved.

This is quite surprising really because the DOH has never been reputed as a “money-making” office that is a rich and fertile ground for corruption. In fact, this is one of the rare government offices which is considered as the breeding ground of humble, self-effacing, honest, competent and dedicated public servants as exemplified by former DOH Secretary and former Senator Juan Flavier whose recent death was mourned by the entire nation.

Of course Ona can always invoke the constitutional presumption of innocence until proven guilty beyond reasonable doubt. But Department Secretaries like him who are considered the alter ego of a “personally honest” President like PNoy must act beyond any suspicion like Ceasar’s wife. In fact PNoy himself has some “questions” concerning the transaction which he wants Ona to answer. As the saying goes, “if there is smoke, there is fire”. And Ona’s questionable actions in this case have somehow provided that kind of “smoke” to PNoy himself.

News reports say that the transaction here has something to do with business competitions among big multinational companies. Coming to mind in this connection is the previous report about the DOH injection of vaccines to children which have anti-fertility effects in implementation of the RH law. Can this be the vaccine involved in this case?

Another dismaying bad news is PNoy’s latest comments on the seemingly endless Senate Blue Ribbon Committee investigation of Vice President Binay’s unexplained wealth allegedly amassed while he was Makati Mayor through overpricing of some projects and other corrupt acts. The bad news here is not actually about his description of the investigation as a piece meal gathering of evidence in “dribs and drabs”, but the very act of making any comment at all.

Obviously his comments are uncalled for and ill advised: first because whether he and his PR staff like it or not, the public perception is that those comments would undoubtedly affect and influence the investigation of the committee under a supposedly separate and independent branch of government. Indeed this is already a well founded public perception because of the previous actions of Congress and of this particular committee of the Senate such that it has been dubbed as the “Yellow Ribbon Committee; second because people already know that he and his family have apparently developed close ties with Binay, hence people cannot help but perceive that he is really helping Binay get out of this mess.

To be sure, it is really correct to say that the Senate Blue Ribbon Committee seems to be dragging its feet in this investigation and that it is nothing but pure politics especially considering that Binay is the leading presidential contender so he is the prime political target. It is really about time for the committee to expedite and end its investigation of this case. Enough testimonies have been gathered. If reiterated in court under oath in the same straightforward, detailed and convincing manner, they are admissible and strong evidence to prove the charges if not sufficiently rebutted not by mere denials but by stronger positive and more convincing evidence.

It is really about time to give Binay the chance to show the people that the evidence against him will not stand in court. Appropriate charges must now be filed before, or by the Ombudsman using the Senate Blue Ribbon Committee findings or its own findings after conducting the necessary investigation.

While it is true that under the Constitution, the Vice President can only be removed by impeachment in the same manner as the President (Section 3, Article VII), the proper non-political move at this stage is to file the necessary charges before the Sandiganbayan. This can be done because the Vice President is not immune from any suit. Only the President is granted the privilege of immunity from suit “to assure the exercise of presidential duties and functions free from any hindrance or distraction considering that the office of Chief Executive of the Government is a job that requires and demands not only all the office holder’s time but also his undivided attention (Soliven vs.Makasiar, Beltran vs. Makasiar, G.R. 8287, November 14, 1988).

So the more advisable move for PNoy is to ask his Department Secretary to expedite her probe of the alleged anomalous acts of Binay and forward the evidence to the Ombudsman for proper filing of the necessary charges before the Sandiganbayan if warranted by the evidence gathered.

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