Glimpses

Guilt, Innocence and Violence

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It is as things are meant to be, a composite of what man proposes and God disposes. It has been a sustained desire, albeit restrained, of Filipinos for meaningful change. That change with lots of drama is now ongoing indicates just how much change we want, and how many of us feel similarly —plus what plans and their timing are in store for us from God, life or evolution.

The filing of plunder and related charges by the NBI with the Ombudsman against 38 persons led by Janet Napoles, three serving senators and two former members of Congress is the first legal salvo triggered by the 10-billion-scam controversy. The Ombudsman would have to review the filed cases and come up with its own conclusion to bring these to the next stage, and or even reject them if it finds no strong legal merit. Should the Ombudsman file the cases with the Sandiganbayan, and the Sandiganbayan accepts these for trial, arrest warrants can be expected.

This drama is intensified as another event is gripping the nation’s attention—the Zamboanga drama provoked by an arrogant and despicable attempt to blackmail government by using force against innocent civilians. A Nur Misuari faction of MNLF rebels chose to stage a protest action with the use of armed force and hostage-taking, the kind of behavior that continues to define a warped perspective of Muslim and Christian relations, that takes advantage of historical conflict and stokes it, and that assumes the perpetrators, led by Nur Misuari, are the main, if not only, anointed group to lead the whole Muslim world of Mindanao.

Two dramas happening simultaneously, both natural consequences of long unresolved issues —corruption by government leaders and historical conflict between Muslims and Christians. These dramas will not end quickly and will tend to take on more forms. Like skeletons in a closet, when the door of the closet is opened, many skeletons will come tumbling down. We are seeing the first batch but much, much more can be anticipated. It could be a roller-coaster, so let’s fasten our seatbelts.

A senator said he had faced plunder charges before and survived. He says he is not afraid to face plunder charges again and will be proven innocent in the end. He should not be so flippant, and I believe he is not. The circumstances surrounding his case before and the circumstances of his case now are very different—except that he is now twice accused of plunder. That he was not convicted of plunder before did not prove his innocence although the prosecutors then did not prove his guilt.

The accused, under one principle of law, is considered innocent until proven guilty. The 38 who have been accused by the NBI before the Ombudsman cannot be considered guilty because it is still a few steps before a trial under the Sandignbayan. But the court of public opinion, aided by a sustained distrust of politicians, usually considers the accused as guilty before proven innocent. And proving innocence is not as easy as not being convicted, especially if one has a propensity for being accused of the same crime.

Another senator has appealed not to be judged before he is given a chance to present his side. Unfortunately, he will be judged. And in this context when he is not alone in the case, when there are 37 others who are accused, when there is a truckload of documentary evidence, where there are many whistle-blowers giving corroborating stories, when a whole people are hungry for blood, he will be judged guilty before he says a word.

All three senators now formally accused of plunder say they will fight to prove their innocence. Brave words, maybe braver spirits, but nobody expected them anyway to admit to wrongdoing. From accusation to trial to conviction or exoneration is a long process, from Sandiganbayan to a final Supreme Court decision can be like forever. They will all say they are innocent and are prepared to fight all the way.

History favors them; the experience of trying to get the Marcoses convicted shows just how difficult our legal process can be. But the Estrada experience may find all three senators plus two former members of the House of Representatives in detention without bail until a final judgment of the courts. That would be another first in Philippine history.

Beneath the surface of corruption charges being levied to senior public officials, elected and appointed, beneath the violence of Nur Misuari and his faction of Muslim rebels, are issues that have long plagued Philippine society and beg resolution. Patronage politics is an ancient scourge, especially in the world of monarchies and royalties.

Corruption is just as old and kickbacks from contracts that favour certain suppliers and contractors are allegations thrown at every administration since Filipinos took over government. And the Muslim rebellion may appear to be against Christians but one day will have to expect that Muslim leaders may have to answer for their own shortcomings, or wrongdoing, against their own people.

It may be time. For Filipinos who want real, substantial change, persistence and sacrifice will have to be their investment. For the traditional politicians, their sense of entitlement will be severely challenged, and the “no wang-wang” of P-Noy is just the beginning. This is not only about a Constitution and the spirit that provoked its creation. This is about evolution itself. Where will it take us? Will it all the more push the journey from darkness to light, from secrecy to transparency, from the rich and powerful exploiting the rest to leading the march for reform and transformation?

As the ugliness of corruption is vomited in a very public manner, the reaction will be intense and demanding. As more Muslims pray for peace and progress in Mindanao, the pattern of violence will find less adherents. If the game is left only to the older generations, the odds are little to none in favour of change. But new generations are born who are not defensive about past mistakes and believe that their purpose in life is to build their dreams.

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  • Mang Teban

    Even the old and adults dream like the youth because as Filipinos say “Libreng mangarap”.
    For the dream for a better tomorrow to happen in our country, the sequence of events must happen:
    1) The president, the Senate president and the House speaker must unilaterally declare to scrap the pork barrel or whatever name it is called, NOW.
    2) The 2014 budget must be revised thoroughly to indicate that appropriations are going to emanate from the departments/agencies/bureaus and not from individual lawmakers.
    3) The system of requesting for fund releases (SARO) must be modified to come from national and local governments ONLY and no longer from the offices of legislators.
    4) The COA must be given additional powers to make random audits on all government offices without the need of PRIOR notice to set AUDIT as an essential prerequisite to evaluate good governance.
    5) Congress must do its job to require the Executive Branch to submit periodic progress reports on infrastructure projects and inquire on certain expenditures that have exceeded expectations.

    6) Bidding rules and regulations must be published six (6) months at least before actual submission of bids. ALL INTERESTED CONTRACTORS must sign a waiver of their right to privacy on their company bank accounts so that AMLC would not have to get court approval to obtain information from banks. No more exemptions to conduct bidding. No more negotiated bidding and declaring failure of bidding. All projects and programs involving contractors must all undergo a bidding process.
    7) The Securities and Exchange Commission must set aside a department mainly to double check information filed by new corporations, especially NGOs, and approve an application for incorporation no fewer than ninety (90) days. This is to discourage “fly-by-night” organizations to proliferate that Janet Lim-Napoles was able to circumvent the law on SEC-registered companies. The SEC’s department of verifying authenticity of documents filed with incorporation papers must also include powers to require original stockholders to submit an attested Statement of Assets and Liabilities when the purpose of the organization is to transact with public offices and/or will obtain funds from government institutions.

    But, all of the above can really work for the betterment of our society, if item no. 1 shall commence. Without it, all the other items will fall through down the drain.

  • TGM_ERICK

    I doubt that those who would be exonerated later on by the ombudswoman would not be cleared in the people’s mind. Such is our custom. We believe at what we believe at the start because we are gullible to sensationalism. What is in vogue, we follow, we love trending, we love betting – all negative characteristics that make us wanting in giving good decisions.

  • farmerpo

    The despicable Zamboanga raid masquerading as a patriotic (albeit delusional) undertaking is for all intent and purposes, criminal and destabilizing. It is not a far fetched idea that it is an offshoot of the PDAF massacre. As Mareng Winnie asked, ‘who would gain by destabilizing Pnoy’s governance? The three senators hanging by their bols in the PDAF scandal are all stalwarts of UNA. Should Pnoy bite the dust, who emerges as President? Need we say more? Pnoy, I am sure has doubled, even tripled his security as he secured Napoles to make sure that the corruption is stemmed if not outright stopped in his watch. Learning from our GMA experience, we would not want a replay of a VP being President by succession. It should be by election. There seems to be a concerted move to oust Pnoy thru chaos rather than thru politics. ‘Rebels’ are getting more active, based on current history. NPAs are making sorties and now Zambo is aflame. We cannot let those corrupt officials have their way. Let us all be watchful and help out. It is our last chance to change for the better.

  • jus_sayinagain

    “It may be time. For Filipinos who want real, substantial change,
    persistence and sacrifice will have to be their investment. For the
    traditional politicians, their sense of entitlement will be severely
    challenged, and the “no wang-wang” of P-Noy is just the beginning.” You say.

    Are you blind? Disconnected or just really plain insensitive? Saan kayo kumukuha ng kapal ng mukha (to quote your president) Mr. Montelibano to tell the Filipino to sacrifice some more. From Marcos to Aquino and everybody in between, and then back to another Aquino, the Filipino HAS BEEN sacrificing. Isn’t that enough patience for you Mr. Montelibano.

    • jus_sayinagain

      cont…..

      Your sense of entitlement shows, it betrays you and your status. Sacrifice for the Filipino people is required ..while a (mere) “severe challenge” in the social status is for traditional politicians? Is that your idea of fairness or equality? Easy for you to say, you and your wife are Aquino propagandists.

      You have it mixed-up. It is the Filipino people who should be entitled (to basic services at the least) and the POLITICIANS SHOULD BE SACRIFICING.

  • http://jaoromero.com/ Jao Romero

    we can’t fix our country until we fix ourselves. corruption will not flourish if we will not tolerate it. the fact that it is thriving here means we tolerate it, and even encourage it.

    we only have ourselves to blame.

    ostracism is a powerful tool citizens can use. why do you think these politicians think the public’s coffer is their birthright? because we bow and scrape to them. even after they have been involved in irregularities, we still call them honorifics and shake their hands. civilized treatment should not be given to animals.

    ostracism should also be extended not only for the erring officials but for their entire family. as a point of principle, refuse to serve them if you have the opportunity to do so. call their spouses names, shame their children, throw eggs at their cars. make them feel that they are truly hated beyond doubt.

    spit on their drinks. urinate on their food, refuse to shake their hands. stop inviting them to be sponsors. make them social pariahs.

    • thomashook

      we can’t fix our country until we fix ourselves. – This is precisely Rizal’s point, according to my PI100 professor.

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