Gift giving

A top development aid official once told me that perhaps the Philippines should consider amending laws on bribery and spare the one offering the bribe from criminal prosecution.

The official, who is familiar with the extent of corruption in this country, said the out-of-the-box proposal would create an atmosphere of distrust between briber and potential “bribee” or recipient. It will make any public official or employee think twice before accepting a bribe, fearing that the briber could alert the anti-graft police, file a complaint or discuss it in public.

This is based on the fact that corruption is a two-way affair. The proposal works best when the affair is not consensual and a person is merely forced to dangle a bribe because bureaucrats are deliberately slowing down public service while waiting to collect grease money. In such cases, the briber feels like a victim of rape who is told to sit back and enjoy it.

Many people who deal with the government fall under this category: foreign investors who are barred by their countries’ laws from resorting to corruption to bag contracts overseas, owners of small and medium enterprises, and yes – those who do business in the Port of Manila where (according to the secretary of the Cabinet) a culture of extortion is entrenched.

Such bribers will happily file a complaint against the recipient if assured of freedom from criminal prosecution, if there is an efficient mechanism for reporting, if they fear no retaliation, and if they believe something will come out of pursuing a complaint – meaning there is a good chance that the crook will get appropriate punishment.

On the other hand, exempting a briber from criminal prosecution will not work if the briber is a willing victim, or doesn’t even regard himself as a victim.

This type of person believes that he stands to reap enormous profits from bribery, which he will regard as gift giving rather than a felony. Such individuals see acts that may be constituted as bribery or corruption as an investment, with no immediate quid pro quo expected. They may not even consider gifts they offer to public officials as a bribe but mere expressions of goodwill. They consider it a privilege to have their proffered “gifts” accepted by a government official.

Huge fortunes have been built on influence peddling and the right connections in this country. The return on investments in goodwill can be a thousand-fold or even a million-fold.

Aware of this Pinoy culture of generous gift-giving, our laws expressly prohibit public servants from accepting favors, gifts or similar perks from anyone who transacts business with their agency.

These provisions have been widely disregarded, as we have seen in the corruption scandals that did not go away with the collapse of the Marcos dictatorship.

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The head of daang matuwid himself has not been immune from accusations of accepting expensive gifts or from wanting more than a simple life that public servants are supposed to lead. Malacañang has not yet revealed where President Aquino got that controversial Porsche at the start of his term. The persistent buzz is that it was a gift from a prominent businessman who also likes fast cars. P-Noy reluctantly let go of the sports car.

Because of its focus on the straight path, the bar for proper conduct is set higher for officials of daang matuwid. People are wondering why Executive Secretary Paquito Ochoa stopped the deportation of a South Korean wanted in his country for a serious crime. With elections approaching, Malacañang, it seems, is prepared to risk the dismay of Seoul to win brownie points with the Iglesia ni Cristo, which did business with the wanted man.

Philippine National Police chief Alan Purisima is now being reminded that accepting large discounts or “donations” from private individuals even for his official use could earn him an indictment for graft. Purisima looks puzzled by the fuss, probably thinking that he is simply doing what everyone else has been and is doing, which is accepting gestures of appreciation from people satisfied with PNP services.

Transport Secretary Joseph Emilio Abaya and several officials of his department are under investigation for awarding a lucrative maintenance deal to a company with connections to his Liberal Party. Malacañang has ignored opposition criticism that the LP has turned the light railway services into a “milking cow” for the party.

This is in contrast to the undisguised glee of the Palace over the ongoing woes of Vice President Jejomar Binay, even if he is also a Cabinet member. Binay and his relatives are being skewered for favors allegedly received from those who had dealings with the Makati City government. The VP knows he is in the crosshairs because he is leading in surveys for the presidential race in 2016, with his presumptive rival from the administration far behind.

Elections always offer an opportunity for the public to see politicians airing each other’s dirty laundry. The public is still hoping to see someone actually go to jail. If we subjected other public officials including most of the senators, congressmen and local government executives to the same blistering scrutiny now directed at the Binays, we’ll likely unearth similar stories, or worse.

If ever one or all of the Binays would end up joining Sen. Juan Ponce Enrile, et al in detention for plunder, perhaps we’ll see the Senate also looking into the allegations of former Iloilo Rep. Augusto “Boboy” Syjuco Jr. against Senate President and LP stalwart Franklin Drilon. All in aid of legislation, of course.

We have laws governing ethics and proper conduct for public officials. We don’t even need new laws to spare bribers from criminal prosecution. If existing laws were properly enforced, there would be no need for bribes, gifts, discounts and other favors to grease the wheels of government.