By Erica Mae P. Sinaking
Political analysts say the acquittals of high-profile officials in large-scale corruption cases last week raise a familiar risk that recently filed corruption complaints, including over billion-dollar flood control anomalies, could meet the same fate.
“This is a ridiculous decision and it gives us an indication of what will happen to the flood control system if we don't change the system,” said David Michael M. San Juan, a professor at De La Salle University and convener of Professionals for a Progressive Economy. businessworld In Facebook Messenger chat.
“The current authorities will file cases against both big fish and small fish to show that they are doing something, but the pace will be slow,” he said.
The Sandiganbayan Special Third Division on Friday arrested Chief Presidential Legal Counsel Juan Ponce Enrile, his former chief of staff Jessica Lucila G. Reyes and businesswoman Janet Lim-Napoles as well as several others were acquitted of 15 counts of corruption over the alleged misappropriation of P172 million in the former senator's Priority Development Assistance Fund (PDAF) from 2007 to 2009.
In its 192-page ruling, the anti-corruption court said the prosecution had failed to prove guilt beyond reasonable doubt, and ruled that the evidence “did not stand the test of moral certainty.” The judges emphasized that “not every alleged irregular act of a public official is a violation of the Anti-Graft and Corrupt Practices Act.”
The court further held that in the absence of concrete and credible evidence that the accused public officials and employees had actually received cash as bribes or commissions, corruption violations could not be established.
Fifteen others, including officials from the Department of Budget and Management and the Technology Resource Centre, were also acquitted.
“After years of trials and public fatigue, all will be acquitted, although some will be ordered to return the money,” Mr. San Juan said.
In a statement last week, House deputy minority leader and party-list Representative Leila M. de Lima said the acquittal highlighted the difficulty of maintaining accountability amid judicial delays.
“When we filed the PDAF cases, we started fresh and stronger on the evidence, which was strong enough to deny bail to Enrile and Reyes,” he said. “The problem is the slow wheels of justice, with the accused relying on the public's short memory.”
“If this is what happens to the flood control project cases, good luck to us. If the courts apply a different kind of justice to privileged criminals, it is difficult to maintain confidence in our justice system,” said Ms. de Lima, who as justice secretary led the prosecution of Mr. Enrile and others in 2013.
Jaltan Garces Taguibao, a political science professor at the University of the Philippines-Diliman, said transparency should be consistently enforced in both high-profile and less reported cases. “Transparency is not only the public's burden, but also the government's burden,” he said in an e-mail response to questions. “Within what is permitted by law, the Philippine government must also demonstrate its integrity in promoting transparency, especially when it comes to matters relating to its offices and elected or appointed public officials who occupy positions of authority and trust.”
He said vigilance and rigor must be consistently applied in investigations “if we are all serious about truly holding accountability.”
The Philippines' flood control scandal involves allegations of ghost projects, inflated contracts and shoddy infrastructure involving billions of pesos worth of projects, implicating public officials and contractors in widespread corruption.
The Marcos administration has launched several investigations and vowed to reform the bureaucracy to restore public confidence in government institutions.
