Selective accountability

One of the key battlegrounds in the impeachment trial of Vice President Duterte is the expected move of the prosecution team to open her bank accounts.

Sen. Francis Escudero, who has refiled a bill requiring all government officials (except those holding honorary posts) to waive bank secrecy rights, must be aware of this aspect of the impeachment case.

By law, bank secrecy can be lifted during an impeachment trial. It doomed Renato Corona, who was ousted as chief justice after being convicted by the impeachment court wherein Juan Ponce Enrile was the presiding officer. Corona was convicted after admitting to the court that he did not declare his $2.4-million foreign currency deposits in his statement of assets, liabilities and net worth.

Even if questioned bank accounts are emptied and closed, the bank is expected to keep a record of all the transactions, and to present this to the impeachment court.

By opening the VP’s bank accounts, those supporting her impeachment think they might be able to connect the dots between “Mary Grace Piattos” (plus Chel Diokno’s namesake) and the Office of the Vice President as well as the office of the education secretary under Sara Duterte.

Several members of VP Sara’s family, led by patriarch Rodrigo Duterte, have strongly denied the existence of secret bank accounts supposedly containing billions, raised since the 2016 presidential race by former senator Antonio Trillanes.

On the other hand, there is suspicion that keeping the bank deposits secret is among the reasons why the VP’s allies in the Senate are moving to dismiss the impeachment case without going to trial.

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Senators, and not just those allied with Duterte, have said that when the impeachment court convenes on July 29, the chamber could vote on the motion filed by the defense to dismiss the Articles of Impeachment even before the trial.

The Constitution provides no such way out for an impeached official. It mandates that upon receipt of the Articles of Impeachment, the Senate trial must start “forthwith.”

Or else the impeached official can resign, to avoid possible conviction and permanent prohibition from public office. This is what Merceditas Gutierrez did when she was impeached as ombudsman.

Having redefined “forthwith,” the Senate led by Escudero probably thinks it can also tinker with the mandate to try an impeachment complaint before it can either be dismissed or result in conviction and ouster of the impeached official.

If this happens in the case of Duterte and the dismissal is one day declared by the Supreme Court as unconstitutional, who will punish the senators who vote to dismiss?

It would be ironic if Escudero, who is invoking public accountability in his bill lifting bank secrecy rights of public officials, would be seen blocking efforts to look into the bank accounts of VP Sara.

Escudero’s actions on the impeachment case (combined with promises of desired committee chairmanships) appear to have clinched his reelection as Senate president by what has been described as a “super majority” in the chamber.

But he will always be remembered for redefining the constitutional provisions on public accountability. (And for never disclosing who was his “family member” whose driver was flagged for using a Toyota Land Cruiser bearing his “7” protocol plate that illegally entered the EDSA Busway in April 2024. Escudero said at the time that “forthwith the protocol plates involved in the incident will be surrendered to the LTO.” So yes, Juan and Juana, Senator Chiz does know what “forthwith” means.)

This will be in addition to the notoriety of the 19th Congress for mangling the national expenditure program and passing the most corrupt national budget ever, in aid of lawmakers’ election campaigns. Some congressmen have lamented that they have borne the brunt of public condemnation over the mutilated NEP while the Senate has been largely spared.

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Selective support for accountability is not unique in the national leadership. Malacañang, for example, is still sitting on the ghost employee case that forced the resignation of two members of the Monetary Board, V. Bruce Tolentino and Anita Linda Aquino.

MB members, being the highest policy-making body of the central bank, should be beyond reproach, especially because they are the highest paid employees in government.

Lesser mortals in government service have been sentenced to years in prison for keeping ghost employees in the public payroll.

The higher the position, the greater the responsibilities and therefore public accountability.

In our country, the situation is the opposite. Pick P100 from someone’s pocket, or steal P10,000 in public funds and you land in prison. Steal P124.5 million and you land in the Senate; accept P4 billion in kickbacks and you become city mayor.

Malacañang should not give its enemies reason to accuse the administration and its allies of selective accountability, which erodes credibility and can strengthen one’s opponents.