Making the first move

Assuming that P-Noy was duly elected in the 2010 first ever automated election, Filipinos who voted for him never imagined that his government will be as worse and as crooked as this one especially because he started his term with such a rosy slogan as leading us to the matuwid na daan. Of course every government we had since we became an independent democratic republic has been “run like hell”; but the high expectations P-Noy gave us when he assumed office definitely caused us to be so greatly disappointed and desperate at this time, despite, or because of the reality that he will still be in office for about two more years.

To be sure, we have ideal State policies and principles embodied in our fundamental laws that somehow ensure good governance. Obviously however, all of them are only good on paper and in theory. They are more honored in breach than in observance by our elected and appointed public officials. This is the stark reality and seemingly perennial problem that we have to cope with and endure unless we decisively take the necessary steps to solve and get rid of them.

Obviously our problems stem from the fact that almost all of our past and present officials have disregarded the very basic and simple idea of government in the Philippines embodied in Article XI Section 1 of our Constitution which says that “Public Office is a Public Trust.” This basic idea is clearly explained and elucidated in the 1920 case of Cornejo vs Gabriel, 41 Phil.188, as “that of a representative government, the officers being mere agents and not rulers of the people, one where no man or set of men has a proprietary or contractual right to an office, but where every officer accepts office pursuant to the provisions of law and holds the office as a trust for the people whom he represents.”

Certainly, when P-Noy assumed office, he has that basic idea in mind as he told us during his inaugural speech that “kayo ang boss ko.” But as it has turned out now, he did exactly the opposite of what he told us then. As early as 2011, he and his Budget Secretary have apparently betrayed public trust by using public funds in violation of the provisions of the Constitution itself. They created the now notorious fund for Disbursement Acceleration Program (DAP) amounting to almost P150 billion and “funneled” a substantial portion of said fund “into the pockets of politicians and unscrupulous individuals in a widespread and systemic corruption of the country’s budgetary process.”

As held by the Supreme Court in the various petitions filed before it, said DAP is in violation of the principles of separation of powers and checks and balances in the budgetary process and Section 25 (5) Article VI of the Constitution, particularly the transfer of savings outside the Executive Branch; the funding of government project not covered by the General Appropriations Act; the renaming of unreleased allotments and appropriations for agencies as “savings” and the use of unprogrammed funds without certification from the National Treasurer that the revenue collections exceeded the revenue targets. The DAP case according to the concurring opinion of Justice Arturo Brion “demonstrated lack of respect for public funds, institutions and the Constitution.”

The unanimous SC ruling on the DAP should have triggered resignations of the officials in the highest levels of the Executive who were responsible for its creation and implementation, as well as from the Legislative Branch who have benefitted from it. But up to now no such move has been taken by any of them despite public demands. Their tight hold to their positions is best described in our national language as “kapit tuko.” And such attitude is another clear disregard of the basic idea of government that “public office is a public trust.”

There are also so many men and women now in local and national office who believe that they have a contractual or proprietary right to the positions they are holding. Some of them would like to retain power for as long as they can either directly or indirectly through their party mates or through the members of their family.

Indeed P-Noy’s moves now are obviously aimed at favoring the members of his Liberal party and his possible successor in office. To be sure, the creation of DAP is actually one way of engaging in patronage and party politics as a means of retaining power. The selective prosecution of the opposition allegedly for plunder and violation of the Anti-Graft Law is also more of eliminating political opponents rather than really fighting and eliminating graft and corruption in government.

Another prevalent practice in the present administration and even the past ones is treating public office as a private and personal trust. In the present administration this is clearly demonstrated by the appointment of kabarkada, kabarilan at kaibigan (kkk) to various juicy government positions. These officials hold on to their positions at the pleasure of the President and will not also resign even if involved in anomalies.

 Of course we also have so many political dynasties in the local and national levels who consider public office as their personal property transferrable by succession to the members of their family. From the very start of their term they are already campaigning for the next election so that they can retain their positions by dispensing political patronage with the use of public funds like the DAP and the PDAF or sometimes with the use of ill gotten wealth. And if their term limits have expired, they field their sons and daughters or other family members to succeed them. Obviously, they also violate this basic idea that “public office is a public trust.”

Despite the kind of government and officials we have now, we should not lose hope and just grin and bear everything presently happening in our country. We have to make a move. And the first step we can take in this connection should be in the next election. We should start campaigning against all the officials and candidates who disregard, violate, ignore or tolerate this basic idea that public office is a public trust.

Of course the task ahead is long and arduous. But we should not be daunted by this thought. We should not be like “a flock of timid and industrious animals, of which the government is the shepherd” (Alexis de Tocqueville, Democracy in America). We should take the first step and keep faith that in the end we will succeed.

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