Of ‘laggards’ and ‘idiots’ in government

Exactly one hundred years ago today, a great Filipino statesman and brilliant lawyer was born. Amid the continuing 2019 coronavirus disease (C-19) pandemic, the Filipino nation and the family of the late Senate president Jovito “Jovy” Salonga quietly observe today the occasion of his centennial birth anniversary.

While fondly remembered for his important contributions to the restoration of democracy in the Philippines, his birthplace in Pasig – once part of the province of Rizal and now a big city in Metro Manila – is among the areas under the general community quarantine (GCQ). Hence, if there are special commemorative activities for Salonga’s birth anniversary, a gathering of no more than ten people will be allowed since Metro Manila remain under GCQ rules.

Nonetheless, this should not diminish the stature of Salonga’s life-long history in the service of the Filipino nation. Described as a “nationalist,” Salonga was more associated for his political leadership of the Liberal Party (LP) that locked horns with then president Ferdinand Marcos before and after the latter’s martial law rule in the country. After the 1986 EDSA People Power Revolution, Salonga became the first chairman of the Presidential Commission on Good Government that run after and recovered ill-gotten wealth of the Marcoses and their cronies.

Elected the 14th president of the Senate, Salonga was later billed along with 11 other Senators as the “Magnificent 12” who rejected the extension of the Philippines-United States Military Bases Treaty in September 1991. Salonga along with five other candidates – including businessman-industrialist Eduardo “Danding” Cojuangco who passed away last week – run but lost to ex-Defense Secretary Fidel Ramos during the May 1992 presidential elections. Salonga died due to cardiac arrest on March 10, 2016.

Salonga left a legacy of landmark statutes, the passage of which he steered into laws of the land that still effectively protect the national interest and greater welfare of the Filipinos. He authored two of the toughest anti-graft laws in our country. These are, namely, the Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act 6713); and, the Anti-Plunder Law (RA 7080).

The two Salonga laws though apparently could not deter or scare off the corrupt and grafters in the government.

Under these two laws, any government official and employee can be charged for misfeasance, or specifically, the performance of a lawful action in an illegal or improper manner. This simply means those working in government offices cannot just claim he or she acted or did something lawfully. But it must be done in accordance with the law.

This is one of the hazards of working in government, even for those with the best intentions. Merely trying to cut through the perennial problems on the red tape in the bureaucracy is no reason to break the laws.

Interviewed by media last Friday, Ombudsman Samuel Martires echoed the public frustrations on the seemingly unanswered queries to certain government agencies involved in the anti-COVID measures. Martires in particular cited the runaround that were being given to the Office of the Ombudsman to its fact-finding team. They were checking on the complaints related to the procurement of C-19 test kits and the personal protective equipment (PPEs) for government health care workers as well as the reported delays in the distribution of financial assistance under the Bayanihan To Heal As One Act for the frontliners who died from C-19 infection.

Sounding exasperated, the Ombudsman approved the request of his field investigators to sign the subpoena to Secretaries Francisco Duque III and Wendel Avisado, of the Department of Health (DOH) and the Department of Budget and Management (DBM), respectively. Duque is the co-chairperson of the Inter-Agency Task Force on the Management of Emerging and Infectious Disease (IATF-MEID) while Avisado is one of its members.

Martires particularly got irritated by the buckpassing of officials at the Philippine Health Insurance (PhilHealth) and the Research Institute for Tropical Medicine (RITM). The RITM is under the DOH while Duque sits as the board chairman of the PhilHealth.

Initially, the DOH explained they cannot make the payout without the implementing rules and regulations (IRR) of this specific provision of the Bayanihan Act on the grant of financial assistance to the families of frontliners who died in the line of duty attending to C-19 patients. Of course, this reason is anchored on valid ground based on existing laws and rules of the Commission on Audit (COA) as well. After all, these government functionaries would be the ones accountable and held liable for malfeasance or wrongdoing if they proceed with the payment without the IRR.

Even before the Ombudsman blew his top, it was no less than President Rodrigo Duterte who reportedly got so angry after he first learned the delayed payout. The presidential outrage was palpable during the IATF meeting on June 5 in Davao City. President Duterte sternly reminded the IATF officials they must have teamwork because everyone of them has a “sword of Damocles” hanging over their heads.

“And if we have to move fast, I will sacrifice you even if you are not really a laggard or some idiot,” the President fumed.

Aired live by the government-owned TV station, we heard Duque blamed his subalterns at the DOH for the delayed delivery of financial aid to the 32 victims of C-19 infection who qualified under the Bayanihan Act. Bashed in the social media for passing the buck to his subordinates, the DOH Secretary issued a statement the next day to take full responsibility as the head of the agency.

“You cannot run your own errands,” the President acknowledged the difficult situation of Duque. At the same breath, however, he warns not to stretch too much the patience of the Filipinos.

As the head of the anti-graft body, the Ombudsman is ready to wield the “sword of Damocles” to the laggards and “idiots” in government.