The congressional hearings showed and detailed the acts of corruption of the DPWH district engineers in cooperation with and participation of contractors in full colors—with their names, pictures, amounts, and various modus operandi of executions. It is intentional, deceitful, brazen, and evil!
This is not the first time that public funds were corrupted and wasted. Corruption of public funds has been a persistent problem throughout Philippine history marked by large scale grand corruption. The issue persists today, with estimates suggesting a significant portion of the national budget is lost to corruption annually, impacting various levels of government and public funds. Let us not forget that these funds are taxpayers’ money and borrowings by the government for the operations of government to serve the needs of the people and fund infrastructure projects for the public good. Our history will also show that government has not been successful in prosecuting and securing convictions of the principals and their accomplices and accessories of the countless acts of corruption in the country. It is just part of government statistics.
In any large-scale acts of corruption, there is a design and plan. There are also two parties, the corruptor and the corruptee. It cannot be successfully executed single-handedly. And in all cases, both the corruptor and the corruptee benefit abundantly, and share the loot with their accomplices and accessories!
The filing of complaints against several DPWH officers and private contractors is the right move. Likewise, the creation of an Independent Commission for Infrastructure (ICI) and the appointment by PBBM of former SC Justice Andres B. Reyes as Chair and former DPWH Secretary Rogelio Singson and SGV country managing partner, Rosanna Fajardo as members shows that the political leadership is sensitive and mindful of the clamor of the public to unearth the real story and the culprits (principals, accomplices, and accessories) behind. Another remedial and protective measure recently secured is the authority granted by the Court of Appeals to AMLC to freeze the bank accounts and insurance policies of public works executives and flood infrastructure contractors allegedly involved in the anomalies.
Finding the evidence and assigning the right and competent prosecutors to handle the mounting number of cases is the key. The value and importance of evidence is best described in the following statement: “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of nature and the laws of God”. In other words, the destructions and identification of unfinished and ghost flood control projects are illustrations and proofs of anomalies and acts of corruption which cannot be altered anymore. But it is paramount that documents and other proofs to support the diversion and wastage of government funds are gathered, preserved, and secured.
As mentioned by Senator Panfilo Lacson, the ongoing investigations by the House and Senate are in aid of legislation. They must terminate at a certain period of time. Likewise, the ICI should also finish its task within the term of PBBM with ample time to terminate the criminal prosecutions and the courts to render judgments.
Preparation for prosecution of large-scale, nefarious, and Machiavellian-type of corruption cases requires adequate time, resources, and tireless effort and dedication of prosecutors and evidence finders. We need good men and women in the Prosecution Office to handle these corruption cases of the century. And we are not wanting in them. I recall the movie, “A Few Good Men” where the key message is that blind obedience to authority can lead to unethical and immoral actions, and it is crucial to uphold truth, justice, and accountability, even when it comes at a high personal or professional cost. This is a rare moment to show to the Filipino people and the world that there are decent, competent, and dedicated men and women in the government. We must remain hopeful because as Pope Francis always said, “HOPE DOES NOT DISAPPOINT!” And “HOPE IS AN ACT OF DISSENT,” says Gabriel Marcel; and it is a catalyst for social change and activism, as illustrated in Rebecca Solnit’s book Hope in the Dark.
Another protective remedy available to government is provided under RA 1379 which empowers the State to forfeit unlawfully acquired assets by a public officer or employee. Where there is showing that the assets of a public officer or employee are manifestly out of proportion to his salary as a public officer or employee, it is prima facie evidence that it has been illegally acquired and which the government can forfeit. In fact, retired SC Justice Adolf Azcuna in a recent interview said that the “excess of assets from illegally sourced earnings can be sequestered. This is not a presumption, it is evidence. The burden of proof is shifted on the public official or employee”. Early on, it was reported in PDI that Justice Azcuna also suggested to the Supreme Court to consider revisiting the writ of qui tam, a legal concept from old English law where a private person can sue on behalf of the government for violations—usually fraud—committed by companies and individuals and later get a share of the money received. This is a practical legal remedy that the government should consider and study to demonstrate immediate results.
Additionally, the government should consider the power to issue a Warrant of Distraint and Levy. It is a summary administrative remedy used by the BIR to collect delinquent taxes or pending deficiency taxes, involving seizure of taxpayer’s personal property (distraint) and /or the sale of real property (levy) to satisfy unpaid or secure payment tax liability. Moreover, the Ombudsman has the power to conduct net worth investigation, as it can investigate acts or omission of public officers, determine causes of fraud and corruption, and initiate action for recovery of ill-gotten wealth. Securing their ITRs and SALNs will provide the connection to their net worth and lead to the discovery of other vital and essential information. Given the magnitude of the amounts involved and the participation of various actors as principals, accomplices, or accessories, coordination and cooperation among government agencies concerned is a must.
The people are eagerly waiting and intently watching. Let us not wait for their patience to wane. THE PEOPLE ARE ANGRY! And it is a RIGHTEOUS ANGER!
Corrupting government funds intended for flood control is stealing people’s money intended to protect their lives and livelihood. It is not only unlawful, it is unethical and even immoral. When we steal government funds, we disrespect, disregard, and even destroy our democratic institutions. Public office is not only public trust, PUBLIC OFFICE IS STEWARDSHIP. And stewardship is about taking care of public funds entrusted to them for the service and welfare of the people and future generations.
Corruption is becoming the greatest shame of our nation. And there is no other choice. We cannot remain silent, timid, fence-sitters, and observers. We, the people must be involved and engaged because our Constitution states, among other state principles and policies, that “Sovereignty resides in the people and all government authority emanates from them”.*
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