Sunday, July 25, 2010

The appoinment of the Abads in government and the role of delicadeza


The first thing that came to my mind when I learned about the appointments of the Abads in government positions is the saying: Those whom the gods wish to destroy, they first make mad. This is an ancient wisdom that the Romans learned from the Greeks. Some say that this is wrongly attributed to Euripides, who is the last of the famous tragedians of classical Athens.


I grant, however, that this statement does not apply exactly to the Abads, the now famous family in the Philippine political landscape. It applies to all of us if we allow ourselves to be deluded by the logic behind the appointments of the Abads in government.


The Abads hail from Batanes. Budget Secretary Florencio “Butch” Abad is a former 4-term representative of Batanes, former agrarian reform secretary, former education secretary, a member of the Hyatt 10, general campaign manager of the Liberal Party in the May 2010 elections, holder of degrees in business management and law from Ateneo de Manila University, a lawyer, and holder of a master’s degree in public administration from Harvard University’s Kennedy School of Government as a fellow of the Edward Mason Program in Public Policy and Management.


Henedina Razon Abad, wife of Mr. Abad, is starting a second term as representative of Batanes. She earned a degree in economics at Maryknoll (now Miriam) College, took up credits for a master’s degree in applied anthropology and sociology at Ateneo de Manila University, and completed a master’s degree in public administration from Harvard University’s Kennedy School of Government.


Julia, daughter of the Abads, served as P-Noy’s chief of staff when he was senator, and now serves as chief of the Presidential Management Staff (PMS). She earned her bachelor’s degree in Communications at Ateneo de Manila University, completed her masters in public policy as a Fulbright scholar at Harvard, served as program officer of the Asia Pacific Philanthropy Consortium and as a consultant of the Gearing up Internet Literacy and Access for Students, worked as a writer for Ayala Foundation and as an executive assistant of then Social Welfare Secretary Corazon Soliman, and is a former “citizen participation intern” of the Washington-based National Democratic Institute.


Julia’s brother, Luis, is Finance Secretary Cesar Purisima’s chief of staff. He earned a bachelor’s degree in economics with summa cum laude from Ateneo de Manila University (2007), former president of Ateneo Sanggunian and the Union of Catholic Student Councils, and awarded as one of the Ten Outstanding Students of the Philippines


There is no doubt that the Abads have a high level of competence to perform their public functions. No one could question the integrity of the Abads. They are descendants of a family that opposed the Marcos dictatorship. And they have consistently fought the evils that made a mockery of governance in this country.

The Need for Delicadeza



Leonor Briones defines delicadeza as “behavior anchored on generally accepted moral standards”. For Ducky Paredes, the “closest translations” are “daintiness” or “tactfulness” -- words that are easily found in dictionaries. In the Philippines, Paredes says, delicadeza also means “sensibilidad” or “knowing what the right thing is and abiding by what is prudent, especially if, by choosing to be imprudent, one favors oneself”. He adds: “There is also a sense in our understanding of the word that the antonym of “delicadeza” is “kawalanghiyaan.”


Conrad de Quiros writes that the “essence of public service is to show delicadeza, fineness, a sense of propriety to not even want to get into public service if it will compromise your president”. He thinks that the “Tagalog puts it best: Mahiya-hiya ka naman”.


Delicadeza has something to do with the term discretion, which means the ability to make a responsible individual decision, choice or judgment by carefully considering all circumstances and possible consequences. Delicadeza, therefore, simply means exercising discretion. Such, exercise of discretion, needless to say, must be done carefully – a concept that I learned from a Spanish citizen working in the Philippines when I asked him for the closest equivalent in English of the Spanish concept.
But why should there be utmost care when one exercises discretion as a public official?


Republic Act No. 6713 or the “Code of Conduct and Ethical Standards for Public Officials and Employees” that is authored by former Senate President Jovito R. Salonga, chairman emeritus of the Liberal Party of which Butch Abad serves as a vice president, provides, among others, that public officials should “uphold public interest over personal interest,” and “shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage”.


Now, Robert Klitgaard includes discretion in his famous formula on corruption: C = M + D – A or Corruption = Monopoly + Discretion – Accountability. On the matter of discretion, Klitgaard says that systems can promote integrity by clarifying discretion. I beg to differ a little bit about Klitgaard’s view of discretion


My humble opinion is that discretion, per se, does not contribute to a corrupt action. In fact, the highest possible level of exercise of discretion is needed to control corruption. Corruption occurs partly due to poor discretion. When one fails to make a responsible decision, that means one has poor discretion. In relation to RA 6713, there is poor discretion when one fails to discourage “wrong perceptions” as regards one’s appointment to a public position. In relation to the case of the Abads, there is poor discretion when they fail to discourage “wrong perceptions” about the possibility that they might abuse their power by accepting three senior positions in the executive branch, not to mention the position that the lawmaker Abad will gain in the House of Representatives.


Abuse of power or authority, whether as a fact or as a possibility, is something that people, who adhere to the rule of law, abhor. The various ways by which the exercise of power is checked or limited are reflected in procedures, guidelines, rules and regulations that are in place in the three co-equal branches of government – legislative, executive, and the judiciary. The reason is simple: a human being is by nature good but has the tendency to do evil; hence, every conceivable way of preventing a person from committing evil should be done.


Going back to the Abads, they have “capabilities, qualification and integrity,” says President Benigno Aquino. And they have not been involved in any wrongdoing, he added.


Presidential Spokesman Edwin Lacierda called the criticism against the Abads as “speculative.” He stressed: “They have not been tainted with any allegations of graft or corruption so it's all speculative.”


For her part, Representative Abad claims that they “have always advocated good governance, so people can look at how we perform”. She said: “in the end our performance would also speak for itself.”


The bottomline is this: human beings tend to commit evil. This potentiality should be prevented. This is the context why the historian and moralist John Emerich Edward Dalberg wrote a letter to Bishop Mandell Creighton in 1887: "Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."


I have not received an education from Harvard University and Ateneo de Manila University but I can see clearly what is wrong with the Abads holding power in government: they might abuse power, they might be corrupted by power, and they might commit mistakes.


Mr. Aquino said he is not violating any law. I think he is misinformed. RA 6713 provides that public officials, among others, should “uphold public interest over personal interest,” and “shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage”.


Butch Abad said they are not actually wielding much power in government. Besides, he said: “We didn’t ask to be appointed.” I disagree. I think this is where delicadeza should apply. It is not good to create the impression that one is wielding so much power. And it is not good to create the impression that an appointment in government, no matter how questionable, is okay as long as one did not ask for it.


The intention of the Abads to serve the government, I must say, is laudable. No, the intention is not just laudable. The intention is noble. Unfortunately, the road to hell is paved with good intentions (with apologies to Saint Bernard of Clairvaux).

Thursday, July 8, 2010

Being Critical of the Aquino Administration


I am not critical of the Aquino administration if by critical means being “inclined to judge severely and find fault”. I was critical of the administration of Gloria-Macapagal Arroyo. So much so that I stopped posting a blog after writing that she should step down as a result of the dark cloud of doubt that engulfed her election in 2004.

Personally, I like the new president for his simplicity and sincerity. I had the chance to listen and watch his interviews on television. It is hard not to admire a fresh face and a new voice in the country’s political landscape. An admiration that is in stark contrast to what one normally feels upon seeing the face or hearing the voice of the former president.


I am proud of our new president.


So much so that if he or his administration commits mistakes, I have to be critical of such mistakes so that there will be time for alternative courses of action. I will not be critical of the administration just for the sake of being critical. I shall endeavor to engage the administration in constructive criticism hoping that such rule of engagement will make whatever difference in my personal, social, community or national life.


For instance, I do not think it was nice for the president not to acknowledge Chief Justice Corona of the Supreme Court during his Inaugural Speech given the fact that he acknowledged by name the Senate President and the Speaker of the House of Representatives. Without necessarily imputing intentions or motives to the president, I think that such omission was tantamount to a clear breach of decorum. If the president is unhappy that Corona did not resign his position as chief justice of the Supreme Court, then he must contest the possible “midnight” appointment of Corona using the force of reason and the rule of law. If the president simply missed to acknowledge Mr. Corona, then I think he should have conveyed an apology to Mr. Corona.


Not that I am happy that Corona was appointed as head of the high court. Personally, I think Corona should resign his position, citing national interest, national reconciliation, or plain delicadeza and common sense. I think people will think more highly of him if he voluntarily vacates his position. Hopefully, the new president will also think highly of him and then refuse to accept his resignation.


This is not to say also that I do not recognize the process that went through the appointment of Mr. Corona. The legal aspects of his appointment have been discussed quite thoroughly. As a citizen, however, I think that an appointment can be legal but not necessarily proper. 


Appointments to public positions require public trust. If the appointing officer, with whom such trust is entrusted, is under serious doubt, thereby making the process of appointment questionable, then it would have been better if the appointment was not made or the person who benefited from such appointment relinquishes the position in order to safeguard or restore whatever credibility is left on the high court. 


I am, therefore, arguing on meta-legal grounds. Indeed, there are more things on heaven and on earth than are dreamed of in our laws and jurisprudence.


Another instance is the rendition by popular Filipino artists of songs that were meant to kill the time, rather than inspire the people in attendance, so that the speech of the new president will be on the desired moment. Those insertions marred the solemnity of the occasion. Although I respect the right of the artists to express their creative powers, it should have been done during the party held at Quezon Memorial Circle, where the new president shared a festive moment with friends, supporters and admirers.


I have no illusion of grandeur. I do not feel that I am important. I am just a blogger. As an ordinary citizen, I shall write what I think and think what I write. But in a manner that will not violate the right of other people. My intention is simply to share what I think with the hope that other citizens will express their thoughts and feelings to make our country a better place to live in.


So help us God.

Sunday, July 4, 2010

The Bad and the Good News


-->
The Bad News

The bad news is that President Benigno Simeon C. Aquino probably became president mainly on the strength of the votes of the Iglesia ni Cristo. Aquino received 15,208,678 votes while former president Joseph Ejercito Estrada garnered 9,487,837 votes. The difference is 5,720,841 votes, still within the low estimate of the votes that the Iglesia could accordingly deliver in a national election. If his closest rival in the 2010 presidential elections, former Joseph Ejercito Estrada, received the political blessings of the Iglesia ni Cristo, then he could be the 15th president of the republic.

That his inaugural speech managed to stir emotions on many of the citizens, regardless of political persuasions, social backgrounds, and economic standing, can be attributed to the fact that he defined himself and his mode of governance as the exact opposite of that of his predecessor, former President Gloria Macapagal-Arroyo. Ms. Arroyo presided over nine years of despicable rule punctuated by some accomplishments and good intentions that made many people unsure to take part in efforts to unseat her from office. If the French revolution ended by beheading their king and crowning Napoleon, then EDSA Two ended by removing Estrada and installing Arroyo.

The rise of the son of martyred parents can be attributed to a number of important factors, such as his parent’s reputation, the love and respect that many people nurture for his mother, former President Corazon C. Aquino, his quaint image as someone unlike a traditional politician despite being a descendant of a political dynasty, the unusually awful appeal of the outgoing administration, the absence of an experienced and respected presidential candidate who could command loyalty, admiration and votes, and the contribution and efforts of the thousands of volunteers and supporters.

The apparent lack of preparations on the part of the new president is discernable from the way Memorandum Circular No. 1 was drafted, issued, recalled, and then transmitted to the bureaucracy, as well as from the manner by which appointments to the cabinet and other key positions are done. MC No. 1 -- which declared all positions appointed by the president and occupied by officials who have no career executive service officer (CESO) eligibility as vacant as of June 30, 2010 -- was formulated without consulting the Civil Service Commission (CSC), the agency that takes charge of the human resources of the government. The appointments to cabinet and other key positions are still incomplete and the choice of cabinet members is, to a large extent, made on the basis of personal and political affiliations rather than competence.

The appointment of Dr. Ramon Paje as secretary of the Department of Environment and Natural Resources (DENR) is a case in point. To his credit, Dr. Paje has been with the DENR since 1990s as an assistant secretary, one of the youngest holders of that position in government around that time. Dr. Paje, however, has a level of performance that is similar to that of the president when he was still a member of the House of Representatives and the Senate of the Philippines – mediocre.

Stated differently, the appointments of president Aquino do not convey the message that he projected in his inaugural speech. And the bad news is, he is beginning to show signs that he is becoming what he promised not to be.

The Good News

President Aquino still has nearly six years to become what he said he will be. His insistence on the no wang-wang policy is admirable. His decision to keep the Director General of the Philippine National Police, Jesus A. Verzosa, is commendable. His mere presence in the current political landscape simply evokes pride, joy and optimism.

His appointment of Mr. Butch Abad as head of the Department of Budget and Management (DBM) is better compared to an earlier hint that Mr. Abad will get back the Department of Education (DepEd) portfolio. It has been suggested by some quarters that someone who at least has an earned doctorate should head the basic education department given the fact that many of the employees of that agency have postgraduate degrees. Thus, the appointment of the president of De La Salle University (DLSU) to the basic education portfolio, Brother Armin Luistro, is a curious case. Brother Luistro does not hold a doctorate but his being a former president of DLSU is a possible equivalent qualification. That Brother Luistro was among the few who called for the resignation of Arroyo at the height of the “Hello Garci” scandal in 2004 is another story. And so is the appointment of Mr. Abad’s daughter as head of the Presidential Management Staff.

The Philippines operates on the principle of delegated sovereignty. The citizens take care of themselves and their families and a few others are elected or appointed in government positions to ensure that the rights and liberties of the citizens are protected and upheld. Those who violate the citizens’ trust should be prosecuted and punished. President Aquino said something like that in his inaugural speech. There will be no reconciliation without justice, he said. And he has a good benchmark that he could use to measure his level of performance in this regard. Arroyo prosecuted Estrada, who was found guilty of plunder by a Special Division of the Sandiganbayan but managed to get a presidential pardon by what some people call political intervention.

Mr. Aquino espouses no clear political and economic ideology; hence, no expected clear economic and political agenda. His main message in his inaugural speech is good governance: one that is dedicated, transparent, effective, efficient, consultative, equitable, predictable, and subservient to the will of the people. This is his main tool to pursue reform, build infrastructure, provide employment, raise revenue collection, promote quality education, provide health services, establish safe communities, and strengthen the police and the military.

In other words, he wants to plug the holes and put in place what should have been there. This is firefighting all over again, although not in the same category as her mother did. But, may be, this is the first thing that should be done. Before one can think out of the box, sometimes one has to stay inside the box until one realizes that the box is no good at all.

Wednesday, May 19, 2010

Post-election Thesis


“In order to become the master, the politician poses as the servant.”
- Charles de Gaulle

It is probable that many Filipinos hope that there will be good changes that will happen now that we almost have a new incoming administration. My thesis is simple: such changes will not happen in six years. At best, what the incoming administration can do is restore the public’s trust to government and regain the confidence of the business sector.


If the incoming administration can demonstrate that it understands the problems of the country and offers the appropriate responses, then it is possible that this country will see improving conditions in 2016. I doubt that this will happen given the motherhood statements in the political platform of the Liberal Party.