Citizen power needed

It takes the Sandiganbayan (SB), on the average, six and a half years to resolve a case from start to finish (see my column of May 24). That estimate was made in 2003, and apparently it has increased to maybe eight years. That’s the average. The pork barrel cases (at least the first batch), says Ombudsman Conchita Carpio Morales, are of national magnitude, involve complex issues, with a large number of accused (39 for the first batch), and have far-reaching consequences. She forgot to mention the large amounts involved. So naturally, we can expect a longer case-resolution period—way past P-Noy’s term, way past his successor’s term even. And the longer it lasts, we know, the greater the wriggling room for our porkers.

The good Ombudsman is aware of and has cited these as compelling reasons for the Supreme Court to create at least two special divisions of the SB to exclusively and continuously conduct the trial of the pork barrel cases. The idea is to resolve them with DISPATCH, like the plunder case filed against former president Joseph Estrada. That, one must tell the Reader, took six years—half a year shorter than the average case.

I thought, when I first heard of it, that Ombudsman Morales was asking for the creation of two special divisions (with three justices each) in addition to the existing five divisions. And I thought it was a terrific idea—six new justices who would concentrate on the pork barrel cases, and nothing else. But, alas, that was not what was meant. What she had in mind was the high court selecting six among the incumbent SB justices, which means that they would have these additional duties aside from their existing ones. The high court cannot go further than that.

Not such a good idea, after all, with the additional drawback of leaving the special-division justices vulnerable to innuendos that their decision might be for sale, with the administration a willing buyer. The special division created for the Estrada case was subjected to these innuendos (and sometimes

outright accusations): Teresita Leonardo de Castro was appointed to the high court three months after the decision came out, Diosdado Peralta joined her two years later (they are still there), and Francisco Villaruz Jr. was appointed presiding justice of the SB. See, said the rumor-mongers, how rich and obvious the rewards.

I hear the SB is against the Morales recommendation, but then the SB does not think anything is wrong with what it is doing, because it has always blocked moves to reform it. In any case, with the SB against it, it is history.

So, are the Filipino people doomed to a trial that will take ages, with the possibility that the accused may somehow wriggle out of their predicament? Not necessarily. But it is going to be a long shot. Because what will be required is the cooperation of Congress: the immediate enactment of a law that will increase the number of justices in the SB.

Can this happen? What’s going for it is that it’s been done before. The original SB started out with nine justices (three divisions) in 1978. The number was increased to 15 justices (five divisions) in 1995, so now’s about the time to increase it again.

What’s going against it is that it requires an act of Congress. And Congress is not known (there are exceptions) for acting in the country’s best interests. In its interests, maybe. Perhaps I am being too harsh. There are actually bills in the Senate that were approved on third reading. But as I mentioned in my May 24 column, the problem is that there are no equivalent bills in the House.  And unfortunately, the June 12 demonstrations against the pork barrel had not a single mention of this very much needed action. The concentration was on asking the President to get rid of all forms of pork barrel (I agree), and asking him to get rid of his officials who were mentioned in the Napoles-Luy affidavits (What! Do we really expect him, or anyone of sound mind, to fire their aides on the unverified say-so of two people who are not known for their truthfulness?). I have already said what I think about that move with respect to Butch Abad.

And yet, if we are to get rid of not only all forms of pork barrel but also of the men and women who have benefited from it and have made it, in some cases, the family business, wreaking havoc on the Philippine economy and polity in the process, we need to make sure that justice is dispensed without delay.

How much is the cost of adding six justices and their staff, etc.? I doubt very much that the bill would run to over P20 million. Compare that to the graft and corruption that will continue to flourish if examples are not made. Even if the bill were five times that, it would still be no contest.

As for those who feel so self-righteously that “selective justice” is being practiced because only three senators out of a “possible” 17 or 20 are being brought to the bar of justice, let me say that the objective is not only to bring them to court (anyone can do that) but also to win the case. Consider, for the three senators, what the Ombudsman has done: She has formed three 3-person teams of special prosecutors, one for each senator and whoever else is involved with him. They will work under the direction of the deputy special prosecutor (John Turalba) and the acting deputy special prosecutor (Manuel Soriano Jr.).

She really means to win. But can you imagine how stretched her resources will be if she takes on more than that? In other words, not only the SB but also the Office of the Ombudsman (no law required here) needs beefing up.

Let’s get our citizen power to support this. It may not be as sexy as yelling for a politician’s blood, but it certainly can be more effective.