In the beginning I didn’t think it was worth blogging about just because it seemed open-and-shut : the prez is immune from suit until he steps down from office AND there’s no chance that the House of Reps would impeach him meanwhile.
But this sum-up from Michael Henry LI. Yusingco, lawyer and research fellow at the Ateneo Policy Center, cited in Business World‘s “Analysts: Marcos may have violated law with Duran Duran birthday bash”, changed my mind.
Yusingco … said Section 7 of the Code of Conduct and Ethical Standards for Public Officials [RA 6713] provides that public officials and employees “shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.”
Presidential Decree No. 46, a decree signed by no less than Mr. Marcos’s father and namesake, states that it is punishable for any public official or employee, whether of the national or local governments, to receive directly or indirectly, and for private persons to give, or offer to give, any gift, present or other valuable thing on any occasion. “Even if presidential immunity takes precedence in this case, that argument must still be made,” Mr. Yusingco said in an e-mail. “At this point, the wrong that needs to be corrected goes beyond what is provided by law.”
“It’s all about doing the right thing in the context of our problems with patronage politics, graft and corruption, and bureaucratic inefficiencies.” [bold mine]
https://www.bworldonline.com/editors-picks/2024/09/17/622180/analysts
It’s definitely an “ATTENTION: PBBM & Friends” moment — just in case they truly didn’t know that the law prohibits private citizens from giving costly gifts to the President AND prohibits the President from accepting such gifts, simply, plainly, because such gifts are a kind of bribery, a way of currying favor with him for some future high position or huge contract or mining concession or tax exemption or land reclamation or flood control project — sky’s the limit on corrupt deals upholding the personal-private rather than the public interest.
Of course it is quite possible that PBBM and his billionaire friends KNEW that gifting the prez with Duran Duran Live! — believed to have cost around a million US dollars — is against the law but went ahead anyway either because (1) they were naive enough to think that they could keep it under wraps or (2) they were feeling invincible, beyond the reach of the law, as the OG Marcos and his cronies were?
Which might explain why the invite to “PBBM @67” kindly asked guests to “keep the vibes cozy and private” …. “skip the photos and videos” … “if possible, leave your phone in the car” … “or check it in at the reception desk” … “make this night extra special and intimate.” https://www.facebook.com/
News of Duran Duran LIVE! leaked out anyway, thanks, it is rumored, to sis Imee who gate-crashed, snapped a photo of the band performing, and sent it to a DDS vlogger based in China who posted about it on Facebook, claiming that the band was flown in using public funds and urging the public to go and join the fun.
The very next day the Palace denied the use of public money: the band was a gift of “old friends” … “at no cost to the government”. Besides, it was a welcome surprise at the end of a hard day’s work (distributing a total of P3.19 billion in government aid to the provinces).
Pundits had a field day dissing the Palace response.
One said the Palace shouldn’t have dignified the Duran Duran buzz with an official statement. Really? As though there was no alleged wrong-doing that had to be denied or justified?
One said that the prez should not have indulged Duran Duran & friends with his presence, he should have snubbed the event. But what if he was truly surprised? What was he to do then — walk out of the event? Leave, and disappoint, family and friends to party without him, the celebrant? Medyo unthinkable that BBM, or anyone, is capable of that.
The best responses yet — because law-abiding na, doable pa — came from Ronald Llamas and Winnie Monsod. Puwede kasing naganap ang Duran Duran Live! event without controversy, or puwedeng na-damage control agad nang maayos.
Akbayan activist Llamas is all over the place these days, apparently the favorite political pundit of today’s crop of eager beaver podcasters. Sorry I can’t find the video, possibly with Christian Esguerra or Richard Heydarian or Politiskoop or Storycon (if not all of the above), where he pointed out that the ONLY ones who are allowed to gift PBBM with expensive gifts are members of his immediate family.
According to RA 6713 Section 3d, that means only the spouse and children below age 18 (RA6713 Sec3d). So if it had been the First Lady pala who had spent for Duran Duran or who would spend for the next surprise, no problem. Good to know.
Say naman ni Prof. Winnie Monsod on Cielo Magno‘s “Usapang Korupsyon”:
Who would be stupid enough to give a gift [of that magnitude], unless they expect something in return. If not now, maybe later. … If I were the president and I was surprised by that gift, obviously I could not possibly say, Go away, Duran Duran… I would have to repay that person who gave me the gift, whatever he spent to give me Duran Duran. Obviously. https://www.facebook.com/cielomagno/videos/1067077645425752
Oo nga. And I imagine that it’s not too late. Huwag lang sana sa confidential funds kukunin ang Php55 million or so. Good luck to us.