Category: corruption

Sambayanan, maki-alam! ~ Mareng Winnie

So far November has been heartbreaking and enraging — sobrang saklap ang mga bahâ na sumalanta sa Cebu at Negros, Samar at Palawan — and sobrang nakakanerbiyos itong bracing for Typhoon Uwang that’s blowing in over Luzon this weekend that’s expected to be even worse than Typhoon Tino.

“We’re flooded to the max,” Gov. Pamela Baricuatro lamented, despite P26 billion allocated for flood control in the province. She called for probes to determine accountability for what many Cebu residents described as their first brush with torrential flooding.

Malacañang said yesterday that 343 flood control projects were recorded in Cebu between 2016 and 2022, and 168 more from 2022 to 2025. https://www.philstar.com/

That it had to come to this, full-scale over-the-top killer floods destroying lives and homes, sweeping off and literally piling-up parked vehicles… That it had to come to this, before we stopped blaming just climate change and super-typhoons for the megafloods and finally started seeing the harsh consequences not just of government’s corrupt and “pretend” flood-control schemes (all three branches complicit) but also of environmental degradation, defying all laws of nature, in the name of “development”.  What development?

This has to be the pits. And I wish it were true that things could only get better, now that we’re informed enough about who are to blame.  And yes, we wish that PBBM and the ICI and the DOJ and the Ombudsman would get their act together more speedily and effectively, we want, we need, to see heads roll already, the higher in the conspiracy, the better.

But we have to be patient, without letting go of the anger. “Due process” ang mantra ng accused, “innocent until proven guilty” daw, kayâ wala ni isang senador o congressman na umaamin, baka makalusot pa uli. I imagine that the authorities are moving as fast as they can, pero hindi madaling magkalap ng ebidensiya laban sa mga konektadong tiwali na marurunong at sanay dumiskarte para walang huli.

Lubay-lubayan din natin ang mga panawagan na pababain sa puwesto si PBBM. And then what?!? The VP takes over, and then what? Lalo lang magkakagulo. I haven’t heard her or anyone in the DDS camp offer an alternative lawful procedure that would speed up the process of holding accountable, and jailing, corrupt government officials. If anything, I imagine that a Duterte presidency would focus only on the Marcoses and their cohorts (sweet revenge) and exonerate the likes of Escudero and Villanueva and Estrada atbpang kaalyadong akusado. At least, with PBBM, if we push hard enough and angrily enough, maaaring pati si Romualdez ay mapilitan silang imbestigahan.

Which is why hindi ko gets ang Iglesia ni Cristo three-day rally Nov 16-18 sa Luneta to call daw “for transparency and accountability in government”. Three days? Maybe hoping to entice non-INCs na DDS and retired military coup-ists to join? Praying for an Edsa in Luneta baga? And then, what?  https://www.philstar.com/

Besides, Mercury goes retrograde from the 10th to the 29th of November. Not a good time to try anything different, rather, a good time to simply continue what we’ve been doing — pushing pa rin for accountability and heads to roll — while paying attention to the Senate and ICI hearings, the better to sustain the anger and the advocacy.

***

I was about to publish this yesterday when I heard Winnie Monsod live on Storycon | OneNewsPh saying basically the same, about keeping informed and keeping up the pressure on government, and more, with lessons from PNoy’s time, when asked for her reaction to the drop in GDP (economic growth) July – October.  https://www.youtube.com/

Regina Lay: On a scale of one to ten how angry are you?

Winnie Monsod:  Not angry. That’s what was expected. Considering what has all been going on with our government, how can you expect anything to happen. Our government infrastructure expenditures went down by 26.8 % — that’s a hell of a big decline over last year. Ang maganda rito … hindi naman maganda … but what is noteworthy is that [a similar] decline … happened 14 years ago, in 2011, during Noynoy Aquino’s term as president, in the beginning years…. What is notable is that after that government fixed its public works problem, with Babes Singson at the helm, the Aquino government went on to grow at a pace which has not been matched so far.

In other words, it’s not all bad news. Even though it comes out of this corruption scandal, if it really takes root, yung anti-corruption measures…  It will be bad news if after all these scandals, wala ring nangyari. Ayan ang talagang bad news. But itong corruption scandal na ito, good news because at last we have found out, at least the Filipino people have found out, who are to blame. Now, whether that gets translated into justice for the Filipino people, I don’t know. If it does, you can expect very good things to happen to the Philippine economy. If it does not, we are doomed to continuous failure.

Amy Pamintuan: What’s a reasonable time frame….

Winnie: In 2011, ang problem yung government spending. By 2015, four years later, the Philippines was one of the top 10 investment destinations of international investors. By 2015 the Philippines’ corruption perception index had improved… the rule of law index had improved to an extent not seen afterwards. In other words, when Duterte came, and then when Marcos came, bumaba lahat ‘yan.  And remember … it was during Noynoy’s time yung Napoles [scandal], maraming na-jail, maraming kinasuhan. That improved international investor confidence in the Philippines so much…

So what do you make of that? I’m saying that if we handle this corruption scandal accordingly and really get people to jail instead of for cosmetic purposes, then we will do very well. Pag hindi ito nangyari…. In other words, it’s up to us. It’s up to us to make sure that what is happening now continues to a good end.

Regina: Are things going in the right direction vis a vis ICI?

Winnie:   I know what they’re going to do but up to now I still haven’t seen any transparency in their hearings. Meron na ba? … The people should be kept abreast of what is going on so that they will know how to react to it and how to, themselves, act. Because the people now have to be proactive. Sila ang tinatamaan, sila ang dapat may information as to what is going on so that they will know how to coordinate their actions… about rallies and whatever is is that’s going on. … We have to keep the public pressure on the government as heavy as possible so that the government will do what they have to do. … It is up to us, the people, to carry this forward to make sure that the government is forced to act the way we want them to act. Kailangang kailangan ang participation ng sambayanan.

Amy: What’s doable by way of institutional reforms?

Winnie: Who is ultimately responsible for what is happening? Is it not Congress, the Legislature, ang may problem dito? All right. We want institutional reforms in Congress. We already have our case before the Supreme Court asking the Supreme Court to do [something about] the political dynasty law. That’s one.

Number two. E sino bang nag-e-elect ng mga taong nasa Konggreso ngayon? Hindi ba ang sambayanan? In other words, they bear a lot of the responsibility here. Not just government. If we want good people in Congress, we have to elect them. Hindi ba? So you know, we have to make sure na ang tao realize that the people they elected to Congress were really bad eggs. And if they don’t realize that, then we are doomed to having that kind of quality of Congress in the future. So a lot depends on the Filipino people.

KEYWORDS: Keep abreast. Be proactive. Coordinate actions. Keep up the pressure on government. Demand transparency. Jail the guilty.

Let Supremes decide Villanueva dismissal

​In 2013 pork barrel-fixer Janet Lim Napoles named Joel Villanueva among her 100 congressmen-accomplices. In 2016 then-Ombudsman Conchita Carpio Morales ordered him, then a newly-elected senator, dismissed from public office. 

Karen Davila: In 2016 when you ordered his dismissal, the Senate refused. Should the Senate have followed…?

Conchita Carpio-Morales: They should have. Otherwise everyone wants to be a senator… because any infraction of the law that you commit, you will still remain a senator.

Davila: The Ombudsman ordered a senator’s dismissal, hindi sumunod ang Senado, as a body. They all cooperated as an institution. Anong nagging epekto  nito sa atin?

Carpio-Morales: We are the laughingstock of other countries because we don’t know how to  enforce our law, we don’t know how to implement the decisions that are spawned from legal  proceedings. https://www.facebook.com/

The interview happened October 5. Two days later, Oct 7, DOJ Sec Boying Remulla was appointed Ombudsman. He took his oath of office Oct 9. Two weeks later, Oct 23, he announced that he would write to Senate President Vicente Sotto III and ask him to enforce Villanueva’s dismissal from public office. But before he could do so, ex-Ombudsman Samuel Martires announced that he had reversed the order, clearing the senator of all charges back in July 2019. But why did he not make it public then?

Jarius Bondoc: Martires’ claim is queer. He never publicized his exculpation of Villanueva supposedly to “protect a person’s dignity.” Duh! Doesn’t absolution from a crime restore a person’s dignity? So why hide it? Baligtad na ba ang mundo?

Queerer is Villanueva’s silence all these years. His graft buster image was tarnished 17 years ago in 2008 when as Citizen’s Battle Against Corruption party rep he was linked to P10-million sleaze. https://www.philstar.com/

Queer, and lame. It was more likely because, after 17 years, parang nakalimutan na ng madlang pipol ang kaso, so why even remind us. News of such a dismissal would certainly have scandalized, and triggered debates anew. The question now is: valid ba ang Martires dismissal of the Carpio-Morales dismissal? Former solicitor general Florin Hilbay doesn’t think so:

The order of former ombudsman Carpio-Morales dismissing Senator Villanueva for the PDAF scam was a public act. Former ombudsman Martires had no authority to reverse that decision in secret, thereby depriving the public or any interested party from questioning his decision before the Supreme Court. Therefore, Ombudsman Remulla can treat the secret memo as having had no effect and can proceed with his intention to request the Senate to enforce the original order of dismissal. https://www.facebook.com/AttyHilbay/

Pero huwag nang ibalik sa Senado. Ayon kay Senator Ping Lacson:

“The jurisdiction of the Senate committee on ethics does not cover offenses allegedly committed by the members of the Senate before being elected as senators,” Lacson explained in a Viber message on Tuesday. https://newsinfo.inquirer.net/

Derecho na dapat sa Supreme Court ang appeal. Here’s hoping the Supremes don’t fail us yet again. But if they do — puro mga DDS nga pala ang nakaupong mahistrado, except for one, okay, maybe two — huwag tayo magugulat. Matinik ang mag-amang Villanueva; they knew exactly how to play Digong 2016-18, which led to that dismissal. This time, I wouldn’t put it past them to make it a DDS issue vs BBM. I hear Mocha is already on defend-Joel mode. Who’s next, that meowing Rep?

Guilty Until Proven Innocent

I Dare Say, Now More Than Ever In Our History, Politicians Are Suspects!
People have lost trust in government and government officials.
Honestly, who can blame them?
So here’s a thought: WHAT IF we all just resign and allow a Snap Election.
From The President, Vice President, Senate, and Congress. With One Important Addition – No Incumbent From The Above Can Run For 1 Election Cycle.

Senator Alan Peter Cayetano‘s call for a snap election, while unconstitutional and politically fraught, is quite noteworthy in that he “honestly” concedes that they all deserve our distrust — an indirect implicit tacit admission of Guilt.

Of course walang nag-second the motion sa mga pinaparinggan niyang opisyales. Because why nga naman should they resign, lalo na yung mga newly-elected, and what about the truly innocent (if when where) any?

As for the guilty, why nga naman would they admit Guilt, when the Law says “innocent until proven guilty”, and experts as they apparently are at corruption, they were are uber careful not to leave behind any signatures or footprints, literal or digital, that would tie them to the crime in any way. No receipts signed, no photos/video showing them personally in the act of receiving bags and bags of cash, because, you know, they have trusted staff for that, who know exactly what to do, as does everyone positioned and greased along the bureaucratic hierarchy of corruption, all the way up to the “proponent” | sponsor | “funder” ng project who-must-not-be-named, who secretly gets anywhere from 20 to 40 percent of those funds, who is are the Most Guilty for not caring about the substandard and the ghost, which means not caring about the well-being of the people they’re supposed to be serving, whose taxes and loans they steal from in the millions, billions, trillions of pesos. Cunning and unscrupulous and greedy, yes. But innocent? In what world?

Believe it or not, the legal maxim “innocent until proven guilty” is based on the long-impugned premise that humans are inherently good, therefore one accused of wrongdoing is more likely innocent and less likely guilty, and so it is the burden of the accuser to prove the guilt of the accused. Pero hindi ba kabaligtaran iyan ng Catholic premise of “original sin” na ating kinagisnan kinlakhan pinaniniwalaan, the basic premise being that humans are inherently evil, as demonstrated by Adam and Eve when they ate of the “forbidden fruit”, which is why mayroong Baptism, Confession, and Communion, even Extreme Unction, ang simbahan as cleansing sacraments?

Whether humans are born good or evil has been debated by philosophers for centuries. Aristotle argued that morality is learned, and that we’re born as “amoral creatures” while Sigmund Freud considered new-borns a moral blank slate. Anyone who has read “Lord of the Flies” will expect children to be fully-fledged sociopaths just waiting to be freed from their adult-imposed shackles to (spoiler alert) start a cult and brutally attempt to kill each other.

Maybe the two most famous opposing views on this debate are those of Thomas Hobbes and Jean-Jacques Rousseau. Hobbes describes humans as ‘nasty’ and ‘brutish’, needing society and rules to reign in their instincts in order to thrive; later Rousseau openly criticised him, arguing instead that man would be gentle and pure without the corruption of greed and inequality caused by the class system imposed by our society. https://www.bbcearth.com/

In this light, and given the incontrovertible Evidence : of miserable killer floods that we are all witness to, and victims of, the ruling elite of senators and congressmen so far named cannot blame us for judging them as Hobbes would, i.e., Guilty Until Proven Innocent,

Thanks to Senator Ping Lacson‘s investigations and Blue Ribbon Committee hearings, the systemic corruption in government ay pinatunayan ng isang Usec at dalawang engineer ng DPWH at ng mag-asawang contractor — corruption that goes all the way up to the proponent senators and congress reps, na halos mangalahati ang kabig na kickback o komisyon sa bawat proyekto, kung kaya’t kinakapos ang pondo, kung kaya’t mumurahin at kulang-kulang ang materyales na ginagamit, at di matibay o maayos ang disenyo, kaya’t lalo pang grumabe ang problema: konting ulan, lubog agad!

These are eye-opening consciousness-raising times when the Law is not held in high esteem, not when there are ways around it for the rich and powerful in Congress and everywhere else in government. These are mind-boggling times, an occasion to change mindset, from innocent-until-proven-guilty to Guilty Until Proven Innocent.

Let the burden be on the accused senators and congressmen — first come first served — to prove that they’re innocent, and if they cannot, likely because their SALNs and bank accounts and maybe new whistleblowers say otherwise, then ipagkukulong sila. No ifs or buts, no house or hospital arrests, No Mercy.

I’m not saying the buck stops with the Senate Prez and the Speaker, but I’m giving whistleblower PBBM the benefit of the doubt vis a vis flood-control corruption. Besides, he has immunity from suit while he is president. But here’s hoping he submits to the people’s clamor that some of the ICI hearings be livestreamed.

PROF. ANTONIO CONTRERAS: The ICI must avoid ,,, extremes: the opacity that breeds suspicion and the spectacle that breeds distortion. A hybrid model offers the best path forward. Under this approach, the committee would conduct closed-door technical sessions to examine sensitive documents, hear confidential testimonies, and cross-check data free from external pressure. These sessions would prioritize accuracy, witness protection, and legal integrity. Once the committee has verified facts and established findings, it should then hold public hearings focused on questioning top officials, presenting major evidence, and explaining conclusions in plain language. These open sessions would allow the public to witness justice in action without jeopardizing the investigation’s integrity. https://www.manilatimes.net/

Above all, we want to see heads roll.

JAKE MADERAZO: The scandal does not end with DPWH officials and contractors. The accusations leveled by  (Roberto) Bernardo, (Henry) Alcantara and (Brice) Hernandez against Senators Joel Villanueva, Jinggoy Estrada, Chiz Escudero, former House Appropriations Chair Zaldy Co and former House Speaker Martin Romualdez must be held to the same standard.

The Filipino people are tired of watching the powerful walk free after orchestrating grand heists against the nation. The law must be enforced without fear or favor. There can be no bail, no backdoor deals, no escapes through technicalities. Those implicated—whether DPWH officials, bagmen, contractors, or lawmakers—must be prosecuted to the fullest extent and  jailed during the trial without bail. https://opinion.inquirer.net/

Guilty until proven innocent! Whistleblowers welcome!

La vida loca – corruption style

Letter from Dumaguete. Siliman U. Econ Prof. O. Roncesvalles‘s musings on the grand corruption (breathtaking) that’s finally being exposed, the easy solutions (like prayer) that won’t work, the hard solutions that would take unusual political will (like an anti-dynasty law and vote-counting reform) but that we can aim for, toward systemic change, now that the youth are awake.

LA VIDA LOCA – corruption style
When it pours, it rains
By Orlando Roncesvalles

Where we are

Corruption cannot be helped. At times, we accept it (keeping our tongues in check and cheek). We tolerate low-level corruption, but grand corruption is something else. It is breathtaking, magnificent, munificent, gargantuan, and earthshaking. It invites performative art on TV, where we get to watch legislators make general denials, and we pretend belief. We give them their presumption of innocence, but they know that the jig is up. So, our youth go to protest marches. Some of us — parents and grandparents — join in. It feels like the 1980s.

It is not my intention to excuse a particular form of corruption. Still, under certain conditions, we can tolerate or even justify corruption. The justification is both practical and academic. If corruption is small enough, we live with it. Such corruption can also address market failures. Based on this theory, Adam Smith supposedly excused a corrupt customs official. Robert Barro and Sala-i-Martin raised the same argument in a 1995 book on economic growth. We entertain the thought that as an economy advances, petty corruption tends to go away. For example, adopting a de minimis rule for imports (giving an exemption from import tariffs for small-value shipments) has cut much of petty customs corruption.

We should then be clear about the corruption we will not abide by or endure — the kind that kills. “Bill” will now turn in his grave. It isn’t because corruption is the misuse of public power for private gain. It is more than that. It is grand theft. It is the kind that takes from the poor (the taxpayer, the masa, the hapless subscribers of Facebook, X, and TikTok) and gives to the rich or powerful. It is the kind driven by greed in the dark hearts of men.

If entrepreneurs were smart enough, they might provide “corruption insurance” in the same way that insurance companies write policies to cover floods and disasters. Instead, we find several explanations in the academic literature for why corruption persists (a topic I hope to revisit soon). These explanations generate solutions to the problem of grand corruption.

Easy solutions

Some facile solutions don’t work. They are: (1) prayers, (2) asking government officials to showcase their talents, (3) looking for introverts, and (4) moralizing or “shame and blame” tactics.

Prayer is useless. We pray to the good Lord to “lead us not into temptation.” The late senator Miriam D. Santiago said, “When the government employee is poor, and he works in a corrupt agency, he can resist everything except temptation.” I would amend her observation. Those now caught in the flood control scandals are not poor. Corruption would not exist in an honest government agency. And of course, prayers would not be needed. To her credit, I cannot imagine Santiago advocating only prayers to fix our corruption mess.

An aspect of temptation is the Mt. Everest syndrome. “Why did you climb the mountain?” You respond that it was just there, so unattainable. Oh, and this RollsRoyce comes with an umbrella. And there is no way to level Mt. Everest. We all secretly want to climb the heights of (social media) fame and fortune, and be envied by our neighbors. Perhaps, we ought also to require, as a condition for public service, a high score for being an introvert. Introverts don’t fall into a honey-pot corruption scheme. They wouldn’t know what to do with the money!

It also doesn’t pay to simply “name and shame” the culprits, even if we are disgusted by the faces of legislators who are as honest as the day is long. All right, that was a line from the movie Casablanca. The truly corrupt have armies of PR and legal people who deodorize their s***. The guilty can even include famous (and possibly infamous) anti-corruption crusaders. Likely, some journalists, celebrities, and “influencers” are also on the take. How long should we put up with this charade?

Hard solutions

Moving on, we should consider the best ideas that economists have offered and documented. Our legislators should study the successes in such countries as Singapore, China (including Hong Kong SAR), New Zealand, and Rwanda.

One guardrail worth considering is a “smell test.” If the corrupt scheme has grown too large, it cannot be hidden or denied. It stinks. Such a smell test works for the recently discovered flood control schemes. Almost any whistleblower system will deter such schemes. Some reformers believe that computers, ‘blockchains’, and transparent internet portals will make it practically impossible to hide massive corruption. They may well be right. Some well-intentioned citizens have also called for publishing the SALNs of public officials and giving more teeth to the AMLA.

One solution from institutional economics lies in the design of penalties. Corruption is typically a conspiracy. Breaking up the conspiracy requires penalties that are light on the “victims” and heavy on the “predator” parties. Economists call this remedy ‘asymmetric penalties.’

Setting up a conspiracy is not cost-free. In the case of a flood control program, a senator or congressman seeking a kickback must negotiate with other parties, such as contractors, auditors, and engineers, to devise a systematic method of diverting taxpayer funds through the budget. The key player is the legislator who proposes (the “proponent”), under the guise of good intentions, “ghost” or overpriced projects. If undiscovered, this type of corruption feels like a perfect crime. However, it requires resources and coordination that are basically transaction costs.

A general solution is therefore to raise the transaction costs of corruption. One way of doing this is to introduce uncertainty or mistrust among the conspirators. A solution in China featured a twist on the bidding process for public works. There, disinterested and anonymous experts were asked to study and approve particular bids. The experts did not know beforehand which projects they would be judging. Johann Lambsdorff reported on this solution in his book, The Institutional Economics of Corruption and Reform.

Another approach is a direct application of asymmetric penalties. A controversial proposal to decriminalize bribe-giving was suggested in 2011 by Kaushik Basu, a former World Bank official and Chief Economic Adviser to the Indian government. Moral outrage greeted the proposal. The Chinese already had a version of the proposal in place since 1997; there, according to one observer, it was motivated by sympathy toward bribe-givers whom public officials “victimized.” The Basu proposal was to apply only to acts, such as the issuance of licenses, to which the bribe-giver was justly entitled. The bribe-taking official would be severely punished. Interestingly, the original proposal backfires if it results in zero bribes and also zero licenses!

Using the tools of game theory, Martin Dufwenberg and Giancarlo Spagnolo analyzed the Basu proposal and suggested scenarios in which it may be effective. The trick was to modify the proposal so that it achieves two objectives: reducing the cost of reporting an illegal bribe or transaction, and reducing the incentive for an official to participate in such transactions. The first objective is something we already have to some extent — incentives and amnesty for whistleblowers. The second objective is perhaps more challenging; it would be helpful if we also had an efficient legal system and a culture of honest and fair dealings among government officials — difficult but not impossible.

Old-fashioned street protests also work if enough of the citizenry have become sensitized. Studies by Erica Chenoweth at the Harvard Kennedy School suggest that nonviolent protests, involving only 3.5 percent of the affected population, are effective because such protests are often representative of underlying public sentiment. The recent demonstrations by the youth in Indonesia and Nepal serve as a warning to established politicians who think that corruption can persist.

It is evident today that the absence of a law implementing the constitutional ban on political dynasties encourages corruption. The 1987 Constitution was explicit: “The State shall… prohibit political dynasties as may be defined by law.” The underlying logic is straightforward: profits from corruption allow political families to maintain their grip on public office and thwart legislation that would define a ‘political dynasty,’ effectively undermining the constitutional mandate.

What we can do

We can enforce the constitutional ban against political dynasties through the necessary legislation. This is no longer a matter of wishful thinking. Many support such an initiative after waiting almost 40 years. We can demand that legislators resign if they fail to act accordingly.

We can, with political will, strengthen the existing anti-graft and anti-money laundering laws by affirming the protections and amnesties we offer to whistleblowers, and by penalizing the banks that allow their clients to use dummies or shell companies to move illicit funds. Note that under AMLA, casinos are considered banks and are required to implement anti-money laundering measures.

We can demand transparency in public office — no more secret SALNs, all budgets at every level of government should be “out there” for each citizen to scrutinize and debate, and no more secret meetings among councilors, provincial boards, and legislators when they deliberate on budgets. This “sunshine” approach is so elementary, but we are still in kindergarten. We can also enforce transparency through public ledgers, providing the public with easy access to the details of governmental revenues and expenditures, and to the SALNs of officials.

If our legislators and executive officials aren’t up to the task, we can vote them out of office. Can we, if corrupt candidates buy votes or can manipulate the votecounting process? Some quarters have suggested returning to manual and public counting at the precincts, while allowing for speedy and open-access canvassing of votes — the preferred practice in most advanced countries.

Prognosis and prescription

Our youth have awakened. No longer will they stand idly by. We can support them en masse and earn their respect. The corrupt old fogeys will wonder what hit them. Keep them guessing, and by all means, let them rot on the wrong side of history.

CORRUPTION BE GONE