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Opinion

More proactive and effective moves

A LAW EACH DAY (KEEPS TROUBLE AWAY) - Jose C. Sison - The Philippine Star
More proactive and effective moves

Corruption in the government is still rampant despite Duterte’s supposed all out war against it. In fact when he assumed office, one of the first plans of action he announced is that he will eliminate corruption in six months. It is now more than two years after he made that announcement but corruption in various government agencies appears to be increasing even more.

So Duterte has to focus his attention on this problem again. And this is a most welcome move indeed especially to those who have dealings with various government offices where corruption remains unabated. Noteworthy in this connection are the recent sacking and dismissals of some Cabinet members and other high ranking officials in the various departments and attached agencies who have brazenly and openly violated the Anti-Graft Law.

But Duterte should show more determination in his fight against this seemingly unstoppable menace plaguing our country. Right now his moves appear to be more for show to promote his public image and win more admirers rather than a real honest to goodness campaign against graft and corruption. To erase this public impression, he should stop announcing in media the names of the officials allegedly involved in corruption and asking them to resign or else they will be fired. It would be better if he talks to them privately and asks them to resign especially because they have not been found guilty of alleged corrupt acts. Or he should first file the necessary charges against them and suspend them indefinitely while the case is pending. This move is more in accordance with the rule of law.

Furthermore, he should realize that firing these officials suspected to be involved in corruption will not ultimately eliminate government corruption. As shown in the past, even if officials are fired, there is no guarantee that others subsequently appointed will no longer commit graft and corruption. Duterte should concentrate more in finding the inherent reasons behind the continuous existence of corruption in government.

He should realize and consider that too much red tape in the processing of papers or in transacting with any government office is the main reason why people dealing with almost all government offices are unnecessarily forced to shell out “grease money” to obtain the necessary papers they need or the official actions they are applying for in some of the government offices.

Then it would also be better if appointments in government will be based on merit, fitness and length of service untainted by any anomaly. Politics and closeness to the “powers that be” should not be used in appointing public officials. The primary consideration for their appointment should be their proven integrity and capability to perform the functions of the office to which they are appointed. In other words, individuals to be appointed to any government office should  only be those who consider public office as a public trust and who will serve the people with utmost responsibility, integrity, loyalty and efficiency, patriotism and justice, and who lead modest life (Article XI Section 1 of the Constitution).

Another questionable and disturbing action or non-action of the Duterte government concerns the expanding military presence of China in the West Philippine Sea particularly the Scarborough Shoals or the Benham Rise located between Zambales and Palawan. This area has already been declared to be part of the Philippine territory in a United Nations decision way back in 2016 through the International arbitral court pursuant to the United Nations Law of the Sea third Conference (UNCLOS-III). The UNCLOS III of which China is also a signatory, provides that said area, where China has even put up missiles, is within the exclusive economic zone of the Philippines. In other words said area is part of the “other territories over which the Philippines has sovereignty or jurisdiction” (Article I Section 1, Constitution). So in its relations with other countries more specifically China, the State or the government must pursue an independent foreign policy having as one of the paramount consideration, its territorial integrity (Section 7, Article II, Constitution).

Hence when it assumed office, the Duterte government should have tried to enforce the aforesaid decision by seeking the assistance of the United Nations which approved the UNCLOS III on which the International arbitral court decision declaring said area within the territory of the Philippines is based. But instead of doing so, the Duterte government not only ignored the decision but also allowed China to continue with its military expansion activities thereon. The initial excuse of the government was that we have “no match” to the military might of China if we tried to enforce said decision. Actually however such non-action is to maintain friendly relations with China and obtain more grants and financial assistance from said country. Lately it even blamed the past administration and the US for the ongoing military build-up in the area. Then last Monday, Malacanang merely expressed “serious concern” over the landing of long range bombers on one of the man made islands China has built in the area.

On the other hand, the Department of Foreign Affairs (DFA) could only say that they are already “taking the appropriate diplomatic action necessary to protect our claims and will continue to do so in the future, but “it is not our policy to publicize every action taken by the Philippine government whenever there are reported developments taking place in the West Philippine Sea and South China Sea.”

So as suggested by former Foreign Affairs Secretary Albert del Rosario who spearheaded the filing of the action challenging China’s vast territorial claims before the International Arbitral Court in The Hague, “Filipinos should now convince Duterte to be more proactive and assertive in defending what is ours.”

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Email: [email protected].

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CORRUPTION

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