Embarrassing investigation?

Anyone who watched the recent congressional investigation on the alleged release of P6.8 billion worth of shabu must have cringed at how a couple of Congressmen interrogated their resource person, specifically deputy collector Lourdes Mangaoang, as if they were state prosecutors trying to convict the witness. In particular I found the tenor and questioning of Antipolo Congressman Acop and Ace Barbers bordering on bullying given that they are suppose to be legislators and not fiscals or state prosecutors.

Unless this has become the standard or conduct at the Congress yet again, the two not so gentle gentlemen might want to review their conduct or behavior because it was quite disturbing to listen to them berate a “guest,” interrogate her in the same manner seasoned lawyers try to discredit a witness and lead the witness to establish her lack of credibility or ill motive. If the Congressmen had reason to believe that the resource person had ill motives or no credibility, why did they even bother inviting her in the first place?

Why did things have to get so ugly that the guest was forced to make the offer to leave the proceedings? Congressman Ace Barbers should not have allowed the proceedings to turn into an interrogation or for congressmen to badger or bully the witness. A good investigator does not rely on intimidation or interrogation. It is their command of facts, figures, logic and the ability to filter or decipher fact from fiction. As far as his comments that a resource person or public servant cannot simply leave even if they are being bullied or badgered, isn’t that another form of bullying or intimidation given how Congressmen have time and again used their powers of contempt to cower government servants?

Fortunately the little boys’ league lost the match against one woman.

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About a month or two ago, DILG Secretary Eduardo Año issued an impressive DO or Department Order telling LGU officials to ban or prevent tricycles from operating or driving on national roads. Secretary Año forgot to include illegal or unlawful tricycle terminals occupying sidewalks just like the ones on the boundary of Pasig and Mandaluyong City near Pioneer Street. Pedestrians no longer have a place to walk on because their space has been taken over by TODAs. We all approved and praised Año for doing what his predecessors were all scared to do, but many were honestly skeptic about the order knowing Mayors and LGUs are scared of TODAs or Tricycle Operators and Drivers Associations who have alliances among many barangays and can muster enough votes to impact local elections.

True enough, Secretary Año’s orders amounted to nothing and the paper it was written on is probably now being used as compost. If Año’s orders on banning tricycles on national roads is for real and not lip service, then he should back his orders with “incentives” such as administrative discipline and make an example of officials where tricycles on national roads are a real nuisance. Unfortunately, Secretary Año may have to wait until after May 2019 because most of the local candidates would rather face Año’s ire and be an elected martyr than a compliant loser. Hopefully Secretary Año remains in office long enough to give it a second try!

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After a testy two weeks dealing with critics on the “war on 4x4’s” Secretary Art Tugade decided to deal with the problem personally and gave direct orders to the LTO to review all rules, regulations and hopefully even DO’s or department orders concerning modifications on vehicles. Last Tuesday Secretary Tugade told the LTO:

“If there is a need to amend the old Department Order implemented in 2010 so be it. But, let it be amended on the basis of relevant studies and evidence. 

Tulad nito how many accidents or deaths were caused by modifications by 4X4’s? Wala naman kayong mabigay na datos.  Isa pa, hindi nagbibigay ang original manufacturer ng certificate of road safety sa unit na gawa nila na na-modify na. Baka may issue din kung ang LTO and mag certify.

Maaaring pag-isipan na ang mag certify na safe o roadworthy ay yun mismong nag certify.

Let us open our doors to transparent dialogue. Let us not construe the law by the letter that killeth, but by the spirit that giveth life. Just remember- our top most priority is safety. Let us not forget that.”

(DOTr Secretary Arthur Tugade)

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As expected many motoring journalists, 4X4 enthusiasts and owners as well as business owners in tire and after market accessories industry welcomed Tugade’s wise directives and instantly cascaded and shared his orders on Facebook and Twitter. This was a very positive and productive move on the part of Secretary Tugade and it should encourage him to spend more time with his people at the LTO so that silly and irrational Department Orders are immediately filtered.

By the way, after I wrote my short rant against minions and consultants at the DOTr, one former Assec texted me to affirm that my suggestion to Secretary Tugade to liberate the LTO and establish the Department of Motor Vehicles was right on the money because it was what was needed. Another Assec texted me two days later to warn me that a former LTO official has actively opposed or worked against certain LTO ideas or actions because that former official had carried some form of grudge for being judged or branded as overly zealous or self-righteous. That warning reminded me of the same observation that one former Secretary of the DOTr had.

Secretary Tugade should really be careful, expand his circle of advisers, verify or cross check the whispers or advice even of those who act cleaner than clean and especially those “holier than thou,” because often hate and hurt or self-righteousness is just as bad as incompetence.