Bottomline in Corona’s Impeachment Trial

Much has been said about the use and abuse of government’s resources to prove that Philippine Supreme Court Chief Justice Renato Corona is no longer fit to continue holding his office, that Mr. Chief Justice Corona is an obstacle in carrying out anti-corruption initiatives in the country,  that the House of Representatives rushed the transmittal of an ill-prepared articles of impeachment, that the Senate Impeachment Court should discontinue the trial and drop the charges, that the case against Mr. Chief Justice Corona is an act of vengeance by President Aquino due to reasons that include Mr. Corona’s alleged bias regarding Supreme Court cases involving the Hacienda Luisita, former Gloria Macapagal-Arroyo, etc.

It boils down to this: Mr. Chief Justice Corona failed to include in his Statement of Assets, Liabilities and Net Worth (SALN) the peso equivalent of his dollar deposit and his share of the commingled funds deposited under his name.

Such act is a violation of Section 17, Article XI of the 1987 Constitution,which states that a “public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law”.

Such act is also a violation of Section 8 (A) of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Pubic Officials and Employees), which provides that “All public officials and employees … shall file under oath their Statement of Assets, Liabilities and Net Worth and a Disclosure of Business Interests and Financial Connections and those of their spouses and unmarried children under eighteen (18) years of age living in their households. The two documents shall contain the following: a) real property, its improvements, acquisition costs, assessed value and current fair market value; b) personal property and acquisition cost; c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like; d) liabilities, and e) all business interests and financial connections.”

In addition, such act is a violation of Section 7 of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) which provides that “Every public officer, within 30 days after assuming office … shall prepare and file … a true, detailed sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year.”

By his own admission, Mr. Chief Justice Corona has $2.4 million in deposits and P80.7 million in commingled funds. His defense that the dollar deposit is covered by Republic Act No. 6426 (Foreign Currency Deposit System) does not hold water. Section 4 of RA No. 6426 states that "All foreign currency deposits authorized under this Act ... are hereby declared and considered as of an absolutely confidential nature and, except upon the written permission of the depositor, in no instance shall foreign currency desposits be examined, inquired or looked into by any person, government official, bureau or office whether judicial or administrative or legislative, or any other entity whether public or private. Mr. Chief Justice Corona would not have violated this law if he included in his SALN the peso equivalent of his dollar deposit. His defense that the commingled fund is not his own asset does not also hold water. Mr. Chief Justice Corona would have not violated any law if he included in his SALN the total commingled fund and his share of that fund.

Section 11 of RA No. 6713 provides the following:

“(a) Any public official or employee …  committing any violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months' salary or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office… and

(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him.”

The laws are clear. The laws must be implemented. Dura lex sed lex (Law is harsh, but it's the law).

On Rappler's Comments to UST

As a concerned citizen of this Republic, I am bothered by the statements of Rappler on UST’s granting of a doctorate to Mr. Chief Justice, Renato Corona. I am not an admirer of Corona, but I defend his right to earn his doctorate with honors, especially that he completed it despite the demands of his work and family.


Issue 1: Why did UST bend its rules and waive its dissertation requirements for Corona?


UST did not bend its rules and waive its dissertation requirements. Corona delivered a “scholarly treatise” in a public lecture. This is equivalent to a dissertation. Note that other universities in Japan and Europe, the equivalent of a dissertation can be “essays” or an article “published in a refereed journal”. In some PhD programs around the world, dissertation, as Ms. Vitug probably understands it, is no longer required.


If Rappler doubts that Corona’s lecture is not equivalent to a dissertation, I challenge Rappler to do a comparative study of related dissertations among Philippine universities.


Issue 2: Why was he given top honors, summa cum laude, when he had overstayed?


Corona spent an equivalent of seven years to complete his PhD. Seven years is the maximum residency requirement. The UST Graduate School Student’s handbook provides that “As a general rule, a PhD degree program may be completed in five (5) years, i.e., enrolled for at least ten (10) semesters or summer terms. The maximum residency for the PhD program is seven (7) years…Students who overstayed beyond the maximum residency must take reactivation courses.” Granting that Corona overstayed, he could take reactivation courses.


The top honors given to Corona was based on his grades. If he is that good academically, then let him earn what he deserves.


Comments to Rappler


Code 1 of the Journalist's Code of Ethics as adopted by the National Union of Journalists of the Philippines states that “I shall scrupulously report and interpret the news, taking care not to suppress essential facts nor to distort the truth by omission or improper emphasis.” Why did Ms. Vitug failed to check the UST Student’s Handbook, which is available at the website of the University, to determine the veracity of the accusations contained in her write up?


Code 11 states that “When in doubt, decency should be my watchword”. Where is decency when Ms. Vitug’s write up was published by the Inquirer without getting the side of UST (see check Codes 1 and 4 of the Code of Ethics)? Why did she not interview the Dean and faculty members of the UST Graduate School to get their side of the story?


As a former journalist, I feel bad each time I watch reputations destroyed by practitioners of free press. Ms. Vitug is a recognized practitioner of free press, but I am disappointed that she committed conflict of interest and violated the Journalist's Code of Ethics in the pursuit of producing a “ripple” without “rap”, probably forgetting that what Rappler claims as the meaning of “rap” is similar to dissertātiō (Latin), meaning "discourse", which is the etymology for the word dissertation.

Sendong

The national and local governments should be accountable for what happened to the victims of Sendong. Dapat merong mananagot. That's one of the principles of good governance. And the barangay and city officials and P-Noy, being the chairman of the Climate Change Commission, are the primary duty bearers.


It is not enough to explain the disaster, like attribute it partly to the complacency of the ordinary citizens. It is not hard to see why complacency, poor city planning, proliferation of urban slums, destructive mining, and deforestation are factors that increase people's vulnerability to disasters. That is why in 2009, P-noy signed into law the Climate Change Act that mandates the national and local governments to formulate and implement Local Climate Change Action Plans. But where are the plans?


Governor Joey Salceda of Albay has shown the way to climate change adaptation and disaster risk reduction. P-noy should start watching the performance of his former classmate rather than that of Valerie Conception (no pun intended).

Right to Travel

The denial of Gloria’s right to travel, prior to the issuance of a warrant of arrest, violated the constitution. The executive department during the Gloria-Macapagal administration committed a grave mistake by arrogating unto itself powers, which are supposedly provided by the Administrative Code, but are contrary to the provisions of the Constitution. The Aquino administration is continuing such grave mistake.

I disagree with Fr. Joaquin Bernas on his opinion that the Supreme Court should be obeyed in as far as the TROs are concerned. But I agree with his position that there was no sufficient and reasonable basis, prior to the issuance of the warrant of arrest, to violate a constitutional right (right to travel). The curtailment of such right is based on a reading of the Administration Code, which could not supersede the constitutional provision.

The principle is simple, it was not right to violate Gloria's right to travel on the ground that she may be charged with an offense in court or that she may not return to face the charges. We can never eat the fruits of a poisonous tree without any negative consequence. We were mad when Gloria used the travel ban during her term. We should be mad when anyone uses this travel ban now.

On Hacienda Luisita

I must say that this statement of Conrado De Quiros (PDI, Nov. 28, 2011) is an ideal scenario:

"P-Noy’s family should never have waited for the Supreme Court to have decreed its unconditional redistribution in the name of the law. P-Noy’s family should never have waited for the Supreme Court to find a weapon to hurl at them in the name of conscience. They should have redistributed the land unconditionally long ago."

But the ideal scenario is to not wait for an agrarian unrest to happen before redistributing those lands. Those lands should have been redistributed to legitimate tillers upon securing ownership from the Spaniards.

I must also say, however, that both scenarios are tantamount to committing hindsight. Those scenarios are simply not possible given the temper of those times. What is possible today may not necessarily be possible yesterday.

Brouhaha over Gloria

The arrest of Representative Gloria Macapagal-Arroyo, former president of the Republic of the Philippines, is a case of a blatant display of intimidation by at least one instrumentality of the State – the executive branch of the government. A reading of the incidents leading to the arrest points to the fact that the Department of Justice was bent on preventing Arroyo from leaving the country. The department ignored the temporary restraining order (TRO) issued by the Supreme Court, which allowed the former president to seek medical attention abroad. To buttress its position, the department partnered with the Commission on Elections in determining the culpability of Arroyo to the charge of electoral sabotage, a non-bailable offense that carries a maximum penalty of life imprisonment. Although there is no clear evidence to pin the department and the commission for collusion, the bottomline is that the commission filed the charge of electoral sabotage on the same day that the Supreme Court was to decide on the right to travel of Mrs. Arroyo. Before the day ended, the court issued the warrant of arrest for the embattled Arroyo.

A fundamental question that demands to be answered is whether the executive branch is justified in ignoring the issuance of the Supreme Court. The standard response to this question is in the negative. The Supreme Court must be obeyed. However, since the court neither declared how it interprets a law nor decided over a competing legal claim, the court may not be followed. Temporary restraining orders issued by courts are not absolute. They are at the very least temporary and at the very most a mere suspension of judgment. Justices of the courts are not paid to stop the wheels of justice from spinning, which is what TROs are all about. Justices are paid to hear the parties in conflict and to decide on the cases brought before their attention. TROs are unconstitutional.

The Pasay Regional Trial court is perhaps within the bounds of its power to issue the warrant of arrest against Mrs. Arroyo. However, it could not have acted if the Commission on Elections did not file the case.

The hospital arrest of Mrs. Arroyo is a testament of how government could abuse its authority. Mrs. Arroyo should be jailed, just like any other persons issued with a warrant of arrest. By putting her instead on hospital arrest, the government is being selective, in addition to being coercive, and abusive.

Poverty

POVERTY is the opposite of human development, which the Human Development Report (HDR) 2011 defines as the “expansion of people’s freedoms and capabilities to lead lives that they value and have reason to value”. It limits human freedom, as Amartya Sen would say, and this can be attributed largely to “unequal access to capabilities”.

If one lives in a place where the natural capital is depleted (practically nearly the entire Philippines), then one suffers (both the rich and the poor) from an environment that is not conducive for human survival, unless one migrates to a greener pasture. If one is born out of a poor family, then one has to suffer the consequences of being born in that predicament, unless any of the following happens: a child has the capability to finish school and becomes highly competent or learn a skill; a parent sacrifices to ensure that a child finishes school or learns a skill, and a member of the family, clan, community, society or the government provides support to the child.

There is always a sufficient reason why a poor person is born and suffers the consequences of such fate. A material cause can be the parents. A formal cause can be high fertility. The efficient cause can be the decision of the poor parents to beget a child despite their poverty. The final cause can be the limited vision of the poor parents in producing a child they could not nurture and educate. The instrumental cause can be the failure of the members of the community or society to become each other’s keeper.

Changing the Course of Mindanao's History

It is high time to acknowledge and correct the grave mistakes that were committed against the past, present and future generations of Mindanaoans. The Spaniards in the Philippines intruded into the commercial and political territories of the Muslim Royal families. This led to the Muslim raids against Christian communities. These raids, in turn, led to higher levels of violence committed against (and by) Muslims, Christians, and Cultural Communities under the Spanish, American, Japanese, and Filipino-led administrations.

To alter the course of Mindanao's history, we need to send development and education specialists to the Land of Promise, rather than soldiers. We need development funds, rather than arms. We need a sense of history, rather than a sense of arrogance. We need reason, more than passion. We need actions, more than words.We need all-out education, rather than all-out war. We must pursue all-out development, more than all-out justice.

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).

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.