SC decisions on public official's illegal travels

This isn’t just a matter of law or what’s legal. This is a matter of morality and ethics. Not everything legal is moral. To enjoy champagne and caviar in Paris or London while the poor were drowning in flood and in utter poverty is the "unkindest cut of all". Mahiya Naman Kayo.

When I was assigned to the Philippine Embassy in Kuala Lumpur, as senior Labor attaché, with diplomatic rank, I couldn’t even travel to nearby Singapore, Bangkok, Bali, or Jakarta, without clearance from Malacañang, through the office of the DOLE secretary. Whenever my wife would visit Singapore, I would remain in Johor, meeting with the Filipino communities of southern Malaysia, because I was faithful to my oath as a public official.

When I was assigned to our Kuwait Embassy also as Labor attaché, I couldn’t cross the border to Saudi Arabia or nearby Bahrain, Qatar, Dubai, Abu Dhabi, or Oman. Even when many Kuwaiti friends offered to let them hitch a ride via their luxury cars or yachts, I never violated my oath. There were simply too many beleaguered OFWs to care for and nurture. The same was true when I was assigned to Taiwan. I never flew to Japan, Korea, or Hong Kong.

But here in our country, there are elected and appointed officials too fixated on local and domestic travels. They need to re-examine their conscience. For the public officials who travelled abroad at the height of Typhoon Tino, may I offer unsolicited research materials for your lawyers to consider. If they can escape criminal liability, in the minds and hearts of Filipinos, you have already been convicted in the realm of ethics, sense of propriety, and proper behavior.

In the case of RLE v. Lyn BM, GR 166809, the Supreme Court upheld the finding of guilt of a regional director who was pronounced guilty by both the Civil Service Commission and the Court of Appeals for dishonesty and conduct prejudicial to the best interest of the service. He was dismissed from the service. He was assigned a government car and still collected monthly transportation allowance. The decision was unanimous. The ruling was penned by Justice Adolfo Azcuna.

In the case of DBP v. COA, GR 202733, the Supreme Court also affirmed the COA's ruling of disallowance involving two DBP officers who travelled to the USA, Japan, Hong Kong, and Vietnam, respectively, without the required clearance by the Office of the President. The SC held that good faith and the technical necessity of the travels didn’t justify the fact that the travels were unauthorized. They had to return huge amounts of money, without prejudice to administrative liability for travelling abroad unauthorized.

In the case of AMS v. Sandiganbayan, GR 235418, the Supreme Court 1st Division, speaking through Chief Justice Diosdado Peralta, acquitted the acting president of the government-owned and controlled corporation, the Philippine Aerospace Development Corp. under the DOTC. He travelled to Beijing despite the suspension of foreign travels and despite the fact that he wasn’t cleared for foreign trips by the Palace. The reason for the acquittal was that the prosecution failed to prove all the evidence of the crime.

AMS was earlier convicted beyond reasonable doubt by the Sandiganbayan on September 22, 2017 of violating Section 3, e of RA 3019 and was sentenced to an indeterminate imprisonment of six years and one month as minimum to 10 years as maximum. He was also imposed the accessory penalty of perpetual disqualification from holding public office. He was defended by a brilliant lawyer who obtained for him an acquittal before the Supreme Court.

Even then, the expenses must have been too much, and the toll on his mental health was beyond pecuniary estimation. Public officials, whether appointed on their merit or accommodated by political pull, are subjected to the same risks. Those elected either because they are competent, or because they bought votes, are likewise under the same strict rules.

If the Cebu and other officials who were caught travelling at the height of Typhoon Tino were in Japan, they would forthwith bow to the people and tender their irrevocable resignations. During the samurai days, they would even commit hara-kiri or kill themselves in front of the people whose trust they have betrayed. But this is the Philippines, all we can say is "Mahiya naman kayo." They are a complete contrast to the heroism of Jayboy Magdadaro. Talagang dapat silang mahiya.