Immorality and the law

A wife of a provincial governor along with her friend go missing. Three days later, her vehicle is found, abandoned, with a burned umbrella inside. The governor fears the worst, even sobs on TV. Then two days after the sighting of the vehicle, the wife surfaces with a lawyer and proceeds to ABS-CBN to tell her story. She apparently stumbled on some photos of her husband with a naked woman in very compromising situations. The photos make their way to the Internet, which the governor blames on the wife and the friend. Then an actual sex video of the governor and the same woman is also discovered, further infuriating the governor. The wife received an anonymous text warning her about how she should leave the home because she was in danger, prompting her to escape from her own husband.

When asked if the governor could be held accountable for his actions, DILG Secretary Roxas stated that while there is accountability for grave threats, the more contentious issue of immorality would be best sorted out on a personal level with the wife. Secretary Roxas also mentioned that this is the first time his office was asked to intervene in such a case. But is there a law that penalizes government officials and employees engaged in immorality?

First, we have to be clear as to what constitutes immorality. Based on the teachings of the Catholic Church, it is immoral for a married person to fraternize with another. There is a law that penalizes government officials and employees, whether elected or appointed, engaged in immorality. To quote Rule 3 Section 1 of the rules implementing Republic Act 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, "Every department, office and agency shall, as soon as practicable and in no case later than ninety (90) days from the effectivity of these rules, start conducting value development programs for its officials and employees in order to strengthen their commitment to public service and help promote the primacy of public interest over personal interest in the performance of their duties. Such programs and other parallel efforts on value development shall include, among other things, the following subjects: (a) Moral and ethical values." And according to the Revised Uniform Rules on Administrative Cases in the Civil Service (2011), disgraceful and immoral conduct is punishable by suspension of six months and one day to one year for the first offense and dismissal from the service for the second offense (Section 46, B-3). Obviously, there are laws and punishments for immoral conduct by government officials and employees. Committing adultery or concubinage definitely falls into immoral acts.

The Philippines has had a former president with several children aired from different women. A former senator is also famous for his multitude of offspring from several women. Elected barangay captains, councilors, vice mayors and mayors, generals in the police and military, congressmen and senators, and other government employees – wouldn't we need a separate Department for Immoral Conduct to handle all the cases of immorality in this country? Were any of these blatant displays ever penalized for these immoral acts, or did these issues even matter in their election as public officials? To ordinary Filipinos, a man with several women seems accepted if not idolized in Philippine culture. It's like a badge of honor. In the US, many politicians have resigned or were punished and ostracized because of such discoveries of sexual infidelity. In 2012, CIA Director David Petraeus resigned because of his affair with his biographer. Senator John Edwards admitted an affair with an actress, seriously derailing his bid for the presidency in 2008. And of course, President Bill Clinton's infamous tryst with Monica Lewinsky, leading to his impeachment due to perjury, for which he was acquitted. By first world standards, these are material fit for a TIME Magazine cover story. In the Philippines, a candidate for high office had his photos with his mistress splattered all over primetime television news right before Election Day. He won and continued to enjoy vast popularity. Has any politician or official ever been charged with immorality in this country? None that we know has prospered. Such cases are claimed to be "domestic problems between man and wife" and the ignorant public does’nt know any better.

In truth, the Code of Conduct and Ethical Standards for Public Officials and Employees is toothless at best. It is not enforced, especially on high ranking officials. The same code also stipulates that all government officials and employees and their families must live simple lives appropriate to their income. A list of those violating this rule would probably fill up all the pages of a newspaper. The enforcement of this code would certainly be another one of the miraculous steps forward under the Aquino administration. But will it move forward? Well, if the public had been long ignorant of the fact that there is such a law that governs the conduct of government people, wives are now certainly more keenly aware. It all now depends, still and always, on who will officially complain and pursue such a case with determination that shall prove if Filipinos are indeed ready to give themselves a better brand of government.

But, then again, is the country ready to lose more than half the population of its politicians and government officials after their illicit affairs are exposed? I say, ready since yesterday.