Justice and Rule of Law

A long, sad search for SALNs

WHAT follows is an account of PCIJ’s correspondences with the Office of the Secretary General and the Records Management Service of the House of Representatives, which as discussed in PCIJ’s story yesterday denied the release of the Statements of Assets, Liabilities, and Net Worth (SALN) and personal data sheet (PDS/CV) of the members of the 15th Congress.

The Office of the Secretary General is the repository agency of the SALNs of the members of the House of Representatives as provided in Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and the Civil Service Commission’s Resolution No. 060231.

Maguindanao Massacre, Year 2

Ampatuans tried to secure
amnesty for cache of guns

JUST A few weeks after the Nov. 23, 2009 Maguindanao Massacre, where 58 people including 32 journalists were executed in a remote barangay in Ampatuan town, officials of the Firearms and Explosives Division (FED) of the Philippine National Police (PNP) were surprised to receive a deluge of applications for gun amnesty from one particular province in Mindanao.

Every once in a while, the national government offers a gun amnesty to the general public. These amnesty offers are a general pardon of sorts, where people with loose or unlicensed firearms are allowed to have illegal guns licensed and registered in their names.

But this batch of applications raised a red flag among officials of the PNP-FED, the agency tasked with regulating gun ownership and use in the country.

A PCIJ Documentary

Maguindanao:
The Quest for Justice

MAGUINDANAO:The Quest for Justice is a documentary produced by the Philippine Center for Investigative Journalism on the second anniversary of the Maguindanao Massacre. After two years, the Ampatuans have allegedly ramped up efforts to reach a settlement with the families of the victims. The families of the victims continue to hold out against the proposed settlement, even as they try to survive from day to day. In the meantime, the Ampatuan clan continues to wield clout in the region with its vast resources and continuing political influence.

PNoy’s P37-M excess campaign
funds: Curious, puzzling details

WEEKS after the May 2010 elections, a question confounded Benigno Simeon ‘Noynoy’ C. Aquino III and his fund-raisers and allies in the Liberal Party: What to do with excess campaign donations that had then reached tens of millions of pesos?

In winner-takes-all fashion, not just votes but also funds had flooded the Aquino camp. This is even as a fund-raiser and a senior campaign staff would later say in separate interviews that Aquino had already served notice that he did not want to accept more donations. In Aquino’s mind, says the senior campaign staff, the last-minute bettors were not true believers but simply people angling to cut deals with the emerging election victor.

Access to info in JBC:
Close, open, close again

THE Judicial and Bar Council (JBC) was purposely created by the 1987 Constitution to depoliticize and to open up to the citizens the screening of nominees and appointments to the judiciary.

To achieve this, Associate Professor Dante B. Gatmaytan of the University of the Philippines College of Law says the JBC should have looked with favor at full transparency – in the conduct of its processes and in the handling of all its records – as both premise and armor of its grave mandate.

SC enclave of grey, old men from Luzon

Fickle presidents, opaque
JBC process, elitist court

MOSTLY old, mostly male, mostly born and bred in imperious Luzon and all schooled in imperial Manila. Two in every three were jurists and bureaucrats in their previous lives, and thus, also mostly creatures of habit and routine. In the last 20 years, while 15 of the 80 nominees were female, only three women were eventually appointed.

This seemingly impregnable enclave of the elite is actually the Philippine Supreme Court, the most majestic of all the country’s courts, the final arbiter of constitutional questions, and “the last bulwark of democracy” in the land.

The apocalypse of good governance?

4 Ombudsmen, 4 failed
crusades vs corruption

FOUR anti-graft czars and 22 years since its birth on Nov. 17, 1989, the Office of the Ombudsman of the Philippines has failed to strike fear in the hearts of crooks, or summon full respect from the people it is supposed to protect against crooks.

All four chiefs of the Office – the late Conrado M. Vasquez, who served from May 1988 to September 1995; Aniano A. Desierto, October 1995 to September 2002; Simeon V. Marcelo, October 2002 to November 2005; and the incumbent Ma. Merceditas N. Gutierrez, December 2005 to November 2012 – had launched their stints as the nation’s top graft-busters with firm, elaborate, hopeful reforms to fight corruption.

When the criticisms trickled in – invariably over low conviction rates, perceived partiality toward the presidents who appointed them, and sheer failure to cope with tremendous case loads and hail crooks to jail – all four trudged on. What they ended serving up, though, were not more and better results, but more excuses (Desierto and Gutierrez doing so more than the other two).

Ombudsman’s paltry harvest

Barangay captains top crooks
in jail; majority skirt slammer

WHO has been jailed for corruption in this country?

In its search for answers, the Philippine Threshold Program launched a study on “Time Served for Corruption” covering 118 cases from 2001 to 2008 of public officials who had been prosecuted by the Ombudsman, convicted by the Sandiganbayan, and sent to jail after the Supreme Court upheld their convictions.

Over three-fourths or 93 of the cases were in different stages of execution proceedings. The small balance of 25 individuals had been served court orders committing them to prison, but nearly half or 11 had been pardoned by then President Gloria Macapagal Arroyo.

In short, less than one in every 10 persons convicted of corruption since 2001 has actually been jailed.

Sidebar

Ombudsman goes
easy on generals

WHEN IT comes to hailing to jail alleged crooks in the military and police, the Ombudsman practically accords star-rank officers a mere slap on the wrist.

Only 19 generals of the Armed Forces have actually been prosecuted for alleged corruption in the 22-year history of the Office of the Ombudsman.

Of the 19, one and only one, Maj. Gen. Carlos F. Garcia, was convicted, after pleading guilty to a lesser offense of bribery, and after securing a plea-bargain agreement to evade prosecution for plunder.

Apart from the star-rank officers, however, a big majority or eight in every 10 respondents from the Armed Forces in the cases filed by the Ombudsman since 1988 have been men of lower rank, notably sergeants and lieutenants, and a spattering of colonels.

A PCIJ Documentary

Maguindanao Massacre:
One Year After

On November 23, 2009, 58 people were murdered by a local warlord from Maguindanao in the worst case of election violence in Philippine history. Police have charged members of members of the powerful and wealthy Ampatuan clan for the murder of the 58, who were in a convoy to the local election office to file the candidacy papers of a challenger to the incumbent political family.

Among the victims were 32 journalists, mostly from Central Mindanao. The incident marks the largest number of journalists killed in a single incident in the world, making the Philippines the most dangerous place for journalists in 2009. A year later, hope still flickers for the families of the victims, but the path to justice has been unbearably slow.

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