An opportunity to ‘level up’

By Emmanuel S. de Dios

FUTURE HISTORIANS will ponder the curious chain of events that provoked profound political changes in the Philippines under Aquino III. The puzzle for them is to understand how formal rules came to be taken seriously and suddenly made to “stick.” From public outrage over the uncovered Napoles mafia, to the Supreme Court’s proscription of congressional pork barrel, down to its latest decision against the President’s power to reallocate funds — the rules of political behavior and engagement are being fundamentally changed.

On the surface, the effect is as if one was simply “restoring” order in the relations among the branches of government as intended under the Constitution. After all, Congress is supposed to have the “power over the purse,” and the President’s job is simply to implement legislative priorities. Hence, legislators should not select projects to implement ex post, and the President should not independently appropriate and allocate monies without explicit congressional approval. All neat and bundled, right?

Except, of course, the Philippine government has never functioned that way. Legislative pork has always existed under different names in all post-Marcos administrations and instituted in its current form under Cory Aquino’s budget ministry (a well-intended innovation by my colleague Ben Diokno). What’s more, until this year, this practice was twice rubber-stamped by the Supreme Court. On the other hand, all presidents, even under the present Constitution, have always effectively picked and chosen budgetary priorities. Especially when a fiscal crisis required deficits to be controlled, the President always decided which budget items should continue to be funded and which were to be abandoned, effectively performing the function of the legislature. Or then again through a re-enactment of the budget (which can be contrived by not passing a new one), the President disposed over all the funds artificially “saved” from already completed projects and was free to define new priorities. The Disbursement Acceleration Program (DAP) was nothing new, from this viewpoint.

All in all, therefore, Philippine democracy has functioned up to now with an “imperial presidency.”

Which brings us to the point: if the Supreme Court is right about what the spirit and letter of the law say, why has practice deviated from it?

It is rooted in the fact that there are no long-lived organizations (read: political parties) capable of formulating national agendas and defining national priorities. In practice, only the President, controlling the large bureaucracy, can do that. It is then natural for the strategic function to devolve on him.

In the meantime, with their re-election based on local-level patronage, the focus of legislators’ attention is primarily parochial. Their function is reduced to that of fiscal brokers seeking to ensure their share of the national pie. This makes them uninterested in their responsibility for their theoretical “power over the purse” (except for the odd occasion it can be used to extort concessions from the executive). In current practice, for example, Congress hardly even knows how much “the purse” contains: laws are enacted without the funding needed to implement them; budgets are passed without legislative regard for expected tax revenues, or the debt burden, or the resulting size of the budget deficit — all those things are passed on to the executive. (Let him worry about it; I just need my convention center.) This, of course, is a flawed, imperfect order; yet it is order nonetheless — serviceable in the case of a good president, though a free ticket to abuse by a bad one.

Which brings us to the current pass. If, as expected, the Court reaffirms its decision on the DAP, then — together with the abolition of “pork” as we knew it — how shall Congress and the Executive henceforth relate to each other? On the one hand, the institutional dissonance will seem to have been resolved: government is then constrained to function more closely to what the Constitution envisions. On the other hand, one must ask whether political actors (not ideally, but as they exist) can fulfill the tasks assigned them by such formal rules.

Is Congress, for example, prepared to fully internalize all the cost and effort involved in the minutiae of budget preparation? Will it be nimble enough to adjust spending plans quickly, say within a year, in case of revenue shortfalls and delays in the implementation of spending? Or can the Executive and the bureaucracy improve their effectiveness enough to work according to the sluggish clock that Congress is inevitably bound to follow?

Now that lawmakers’ “pork” is gone and real political parties are nowhere on the horizon, what are the means to induce Congress to deliver budgets in a timely way? Shall we return (oh no!) to prolonged spells of reenacted budgets? If fiscal uncertainty is the result, what would be the effect on long-term growth and the people’s welfare?

Citoyens et citoyennes! We are in the midst of a revolution whose outcome is yet unknown — instigated ironically by a conservative and literalist Supreme Court. In a world of institutional dissonance, an insistence on strict formal rules can be disruptive. Indeed, seasoned union organizers know how a “work-to-rule” strategy can totally subvert production.

In a good scenario, all will turn out for the best. There may be a growth hiccup or two in the near term, but ultimately members of Congress will up their game and find common ground with some presidential vision and each puts his shoulder to the wheel. The exigencies of the situation may yet provide the needed spark for the formation of genuine program-based political parties.

The media and the growing middle class may yet become more focused on the quotidian business of politics and representation, progressing beyond their currently sporadic, scandal-driven interest. In short, the insistence on rules may yet provide a bridge to the country becoming a mature representative democracy. Who knows? The political class may yet “level up.”

As for the bad scenario… well, let’s not think about that right now. Let PNoy and Butch Abad worry about it.

the DAP affair

so.  at the end of a week that felt like we were watching a reality pulitikanovela, history unfolding baga, with enrile estrada revilla in comfy “jails” and no doubt going through major major physical and psychological stresses as they are forced to adjust to drastic changes in lifestyle, to put it kindly…

also the end of a week when not a squeak was heard from the prez and his budget sec in the palace, only from spokesmen lacierda and coloma who continued to defend DAP, twas all in good faith, and hinted of appealing the supreme court decision…  this while calls for abad’s resignation and the president’s impeachment issued from “noisy minorities” left right and center, and pnoy’s yellow army was is on overdrive, looking for someone else to blame, such as the supreme court, never mind that it was a unanimous decision, or gma pa rin, she started it, lol.

so, at the end of the week, it was not too surprising to wake up to a live tv feed from the palace, a budget presentation, no less, that the prez kicked off with a brisk announcement of abad’s attempted resignation and why he rejected it.

To accept his resignation is to assign to him a wrong and I cannot accept the notion that doing right by our people is wrong. 

my problem with this, really, is that it is simplistic and disingenuous, as though the issue were not more complex.  even more irritating, the president is asking us to take his word for it — they did no wrong, DAP benefitted the country — this, while they get their act, i mean, the documentary evidence, together, i suppose.

pero ika nga ni propesor randy david:

The administration gains nothing from merely claiming that the PDAF and DAP had good intentions. As things stand, nothing less than a full accounting of these funds can persuade the public that these were not plundered. Of course, there is a risk in detailing how the DAP funds were allocated. It is almost certain that doing so will reveal how much of the vaunted “daang matuwid” has been paved in patronage. But I think that is still a small price to pay in exchange for achieving the Constitution. 

and true to the crisis-ridden telenovela format, the weekend brings a palace alert: the prez will be addressing the nation tomorrow monday at 6 pm. abangan!  hmm, suddenly it can’t wait till the SONA, that’s interesting.  crunch time?  should be either of two things: he will convince us that DAP was concocted in good faith, with documents galore to prove that it contributed significantly to economic growth, or he will say i-am-sorry and promise to rein in the “creative” urge to improvise and hasten processes without due diligence.

ika nga ni dean tony la vina:

the Aquino administration might have been blinded by their conviction that they were doing the right thing for the economy and the people, and because of that belief, disregarded the legal technicalities. Even now, one discerns this flawed thinking in the stubborn defense of DAP even after the Supreme Court decision, an attitude that could bode bad for other serious decisions with complex legal issues (the Bangsamoro Basic Law comes to mind) in the remaining years of this administration.

I respectfully urge a little humility to acknowledge mistakes when they happen, as it always does in governance, so corrections could be made. In fact, with the right legal staff work, DAP, which is conceptually an innovation that might have potential to solve the perennial problem of under spending by the departments, could have been crafted in a constitutional way and the same policy objectives could have been achieved without being tainted with illegality. But that, unfortunately, is water under the bridge. 

*

enrile, inquirer, surrender

watching the surrender of enrile on tv was kind of surreal, as in, really?  it’s happening?  now na?  wow!

for a while there, when jinggoy’s arrest was not quickly followed by enrile’s, i remarked on facebook that his lawyer estelito mendoza was probably trying out every legal gimmick, every trick in the book, to stop the sandiganbayan from ruling on probable cause.  i could imagine all the wheeling and dealing going on behind the scenes, favors being called even, all to no avail, it now would seem, except for a few days’ delay.  wow!

this is nothing like the arrests for “rebellion” in 1990 and 2001 that, in both cases, alleged enrile to be on power-grab mode; both times he was out in a matter of days.  this one is for plunder, some 172 million in alleged PDAF kickbacks 2007 to 2009, which he denies, of course, he will prove his innocence in court, and maybe he will, but meanwhile he is under arrest and detention.

in fairness, it was a relief that his surrender was without the showbiz dramatics that attended the last hurrahs of estrada jr. and revilla jr., two clowns who quite likely entertained the illusion that the millions who voted for them would gather in protest as erap’s masses did when he was arrested in 2001.  enrile, it would seem, had no such illusion, even if he was the original EDSA hero.  no presscon, no statement, hardly any photos or video of him, and no mugshots released.

nakakapagpaisip.  i’m sorry it’s happening now, when he’s old and ailing, but, again, wow, quite a big fish he is, and i have been backtracking: paano na nga nangyari ito?  let’s give credit where credit is due.  o nasabit lang ba kay napoles at sa inquirer scoop of benhur luy’s records?

but wait, speaking of the inquirer, suddenly i remember someone saying something about the broadsheet in connection with enrile’s case, and i google it, and, hey hey hey, straight from an official statement by gigi reyes, issued from the states in sept 2013.

The PDI evidently has an ax to grind against me. I say so because in a private dinner in Rockwell a few months back where I accompanied my former boss, Sen. Juan Ponce Enrile, PDI Editor-in-Chief Mrs. Letty Jimenez Magsanoc openly told us about her deep personal hurt over the Senator’s published “Memoirs” which recounted the beginnings of the PDI and what she called the “unfair” portrayal of Ms. Eugenia “Eggie” Apostol.

it was just a few months after the corona impeachment trial when enrile launched A Memoir (september 2012).  at totoo naman na grabe ang ginawang panlalait ni enrile kay eggie.  i thought she could have taken him to court for libel atbp. and oh what an alta siyudad media scandal that would have been, who might the rest of media have sided with kaya, ano?  magsanoc was smarter than that, of course.  maaaring the inquirer had inside info on the nbi’s or coa’s investigations of napoles, maaring they got wind of benhur luy’s records, and it would be interesting to know if benhur’s parents offered the inquirer the info out of the blue, or if it was the inquirer that initiated the contact by sending feelers.  how powerful can media get?

whatever, is that cackling i hear from the eggie side of makati?  enrile’s editor and publisher should have warned him about women scorned: hell hath no fury, and all that jazz.

death by hazing

it’s a tragic first for de la salle university/college of st. benilde, the death by hazing of HRM sophomore guillo cesar servando, 18, and it can be the last if the university would only be true to the student handbook that prohibits membership in fraternities, sororities, and “any unrecognized organization that subscribes or participates in any violent act”. The consequence for students found to have violated this contract is dismissal or expulsion. Also punishable are those found to have encouraged fellow students to join, and those who are proven to have been present in any initiation rites.

read HAZING: The deaths are not accidents by G.U.Stuart, MD, la salle hs ’61.