EDITORIAL - Stumbling block

The man who led the cleanup of the bureaucracy in Hong Kong sets three conditions for a successful campaign against corruption. One is political will. Another is an Ombudsman with sufficient resources. The third is an efficient, professional judiciary. Tony Kwok, head of Hong Kong’s Independent Commission Against Corruption, says that in the Philippines, the biggest stumbling block to the anti-graft campaign is the judiciary.

Kwok, who has been serving as chief adviser to the Office of the Ombudsman for the past two years, says the snail-paced administration of justice in this country is the biggest hindrance to the success of any campaign against corruption. He noted that corruption cases that take only a year or two for other countries to resolve drag on for many years in the Philippines.

Punishing the corrupt is supposed to serve as a deterrent to graft. That deterrence is absent in a country that has failed to punish anyone for looting national coffers during the Marcos years, and where the plunder case against deposed President Joseph Estrada does not appear closer to resolution four years after his arrest.

Kwok sounded the alarm only on the slow pace of the administration of justice. Equally alarming is corruption in the judiciary itself. Justice is negotiable in this country, and we’re not talking of out-of-court settlements between plaintiff and defendant. The judiciary has yet to purge itself of so-called hoodlums in robes and "fix-cals" or corrupt prosecutors. Temporary restraining orders can become indefinite if the price is right; decisions are sold to the highest bidder.

Kwok has joined other individuals and groups calling for a credible replacement for Simeon Marcelo, who is invoking health problems in leaving his post as Ombudsman by the end of the month. The Ombudsman is at the forefront of the battle against corruption, and Marcelo has done a credible job given the limited resources of his office. If the administration is serious in its campaign against corruption, it should appoint a replacement with a track record for integrity and independence — an individual who will not be influenced by those in power. This is where political will comes in, and where the public could be in for great disappointment.