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Opinion

Lifestyles of the Rich and Famous

AS A MATTER OF FACT - Sara Soliven De Guzman - The Philippine Star

Remember the popular hit series Lifestyles of the Rich and Famous hosted by Robin Leach in the eighties? That was an amazing show. It brought us right at the doorsteps of the homes of the rich and famous around the world. It gave us a deluxe tour inside the mansions of billionaires and allowed us to bask in all that luxury and opulence until we find ourselves dreaming on high heavens.

Last week, as I was watching the news, I thought that Robin Leach was back with a new series of the Rich and Famous until I saw Ted Failon’s face and a helicopter flying over a huge estate. The cameraman was able to capture the vast property just like how Robin Leach and his crew would film it. Lo and behold! I realized it was not a TV series but a news document showing us the wealth of the most controversial person of the day PNP Chief Alan Purisima.

When the TV series ended, a wise crack in government adopted the word and so now we have the so-called “lifestyle check.” So, far since the implementation of the lifestyle check in 2003, I haven’t heard of anyone in public service incarcerated for becoming rich while working in government. We have many public officials who have taken advantage of public funds enriching themselves to no end at the expense of the citizens.

Section 4 of Republic Act No. 6713 (or the “Code of Conduct and Ethical Standards for Public Officials and Employees”) states that, “all public officials and employees and their families shall lead modest lives appropriate to their position and income” and that they shall not indulge in “extravagant or ostentatious display of wealth in any form.”

In relation to the above there have been many laws enacted and amended reinforcing the prevention of graft and corrupt practices in government. Section 3 (paragraphs b-k) of Republic Act 3019 – an Anti-graft and Corrupt Practices Act specifically lists all violations of government employees such as receiving gifts, present share, percentage or benefit; including that of their members of their family in accepting employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after his termination...

Section 2 of Republic Act 1379 (enacted in 1995), “An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefor” explicitly states that “whenever any public officer or employee during his incumbency, acquires an amount of property that is out of proportion to his salary as such public officer or employee or his other lawful income and the income from legitimately acquired property, said property shall be presumed prima facie to have been unlawfully acquired.”

In the process of lifestyle check of government officials, can we rely on banks to divulge their alleged ill-gotten wealth?  It has been the practice of officials to hide their wealth abroad and hide under pseudo accounts. Can the Anti-Money Laundering Act facilitate discovery of  ill- gotten wealth?  Republic Act 9160 seeks to facilitate the detection of “dirty” money and prevent the Philippine banking system from being used as safe haven for the proceeds of corruption. 

Another clear haven for ill-gotten wealth is in the procurement of government facilities and services. I was reviewing the implementing rules and regulations of RA 9184 (Government Procurement Reform Act of 2002 with certain amendments of its IRR effective 2007). The procedure seems to be in place. But why do the culprits seem to always get away? Or has it been considered a “best practice” in government and part of the standard operating procedure to make money out of government purchases?

Aren’t these laws or decrees enough to put a public servant in jail?  We have too many laws but government doesn’t have the teeth to grind these scumbags who are all over the town prancing away pretending to be innocent and angelic. 

When will Senate bill 1733 or the so-called Freedom of Information Bill be prioritized to reinforce prevention of graft and corruption?

I really don’t think that ‘lifestyle’ check will ever work. Even if the proposed mandatory lifestyle check will also cover 607 government executives under Salary Grade 30, including undersecretaries, presidential assistants, the solicitor-general, and associate justices of the Court of Appeals and the Sandiganbayan. We need the majority of our public officials to become the watch guards and the whistleblowers of their sectors. Only then can we stop these criminals from amassing the wealth coming from public funds. The problem is that we are too meek to speak up.

Cowardice in the face of war is tantamount to raising the white flag in surrender to the enemy! Although I know that in some sectors of government there are courageous public personnel/ officers who file cases to the Ombudsman against their bosses or co-personnel who have done wrong. God bless them for their bravery against all odds!

I’m not, however, sure what happens after a case of graft and corruption is filed at the Ombudsman’s Office? I’m not even sure if the Ombudsman’s Office is free from graft and corruption themselves. I really haven’t heard of erring high-ranking officials being axed by the Ombudsman, only those politically motivated ones.

I can’t wait to see the end of the ‘pork barrel’ and DAP saga. What will happen to those implicated in the crime? And to those who have not yet been implicated? If a ‘no bail’ crime such as illegal detention can be turned around to easily free the culprits, I wouldn’t be surprise if they suddenly change the rules of the court. That’s the uniqueness of our justice system! What a masterfully crafted circumvention of the law!

Now that lifestyle checks are in vogue again, I am pretty sure our public officials who know in their hearts of the crime they have committed are in paranoia once again. ‘Tis the season to be jolly! Ho! Ho! Ho!

But then again, in hindsight, what is there really to be afraid of. This lifestyle check phase will pass and before we know it every wrong is buried into oblivion. This makes lifestyle checks on government officials a pointless exercise in futility. What a waste of time then! Sanamagan!

 

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AN ACT DECLARING FORFEITURE

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OFFICIALS

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REPUBLIC ACT

ROBIN LEACH

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