MCA can be a source of evil
June 22, 2006 | 12:00am
In a legal hermeneutics class of yore, my teacher, the late Atty. Lamberto Bajarias, had a discourse on the importance of an original document. What I could recall though was that he belabored the point that the original instrument should be the source of information of the first order regarding its content and meaning. Atty. Bajarias said that what ever other people would claim the document contained or meant was their interpretation of the paper and not necessarily what it was. In that characterization, he referred anyone to the original instrument or in its absence, a copy thereof, in his effort to know how it was written and probably how it could be interpreted.
Still in the process of orienting ourselves to the course, I had a difficult time understanding the legalese. The examples he gave did not, in my groping mind, differ much from the theory. But, we had to move on so we just hoped that at some further time, we would encounter a situation where his discussion would prove enlightening.
The opportune time is here. It presents itself to me in a concrete form from the announcement made by Her Excellency, President Gloria Macapagal Arroyo. According to the president, our country stands to receive a "grant" from the US government in the amount exceeding one billion pesos. This money denominated Millennium Challenge Account (MCA) is given to the Philippines because, in the words of Pres. Arroyo, we "governed well".
It should be interesting to find out how the original document of this grant is written. If Atty. Bajarias were around, he would ask, "Is there any clause, phrase or statement in the 'grant' saying that the Philippines was chosen because its administration 'governed well'?" If somewhere in the text we can read that America selected our country to be a recipient because we are "governed well" then there is good reason to ask the opposition to rethink its bellyaching. It should even stop castigating the administration and instead sing praise that a foreign government has recognized our good governance.
However, if the original document, the first source, does not mention, in its text, that the grant is in cognizance of Pres. Arroyo's governing our country well, then the interpretation by Malacañang of the basis of this American benevolence is the president's own. Sadly, it is misplaced, if not entirely misleading.
We must remember that the purpose of the fund is, again according to the president, to fight graft and corruption. To me, this is not dissimilar to Pres. Arroyo's "I'm sorry" television reportage last year. Her words acknowledging "lapse of judgment" were tantamount to mea culpa to the charge that she cheated in the 2004 elections as the accusation was inherent in the "Hello Garci" tapes. Saying that the US gave this fund to fight graft and corruption partakes of no other meaning than the president's admission against interest. She is saying that the enormity of corruption in this country is so irremediable that a foreign government is offering help.
There is also a subliminal message in this act of American liberality. Not that our former colonizers are miser but we know that there is always a motive in every thing America does, or as in this case, gives. This grant can be easily interpreted that this alleged assistance is made in the hope that the leadership of the recipient government (read that as Pres. Arroyo) shall feel ashamed of the plunder of meager Philippine resources. Basin ba ug makonsiyensiya.
Rather than be proud of being given money to fight the evils of corruption, Pres. Arroyo should have, in a most diplomatic manner, turned down the offer. Sure, we are in a dire financial strait but, national pride, is nothing money can ever buy. Fighting graft and corruption does not need much fund because the abundance of money precisely is the major attraction of graft. What we need is a demonstration of honesty by our leaders specially now that our pride is touched. Let's be honest even if others are not. How about it Madame President?
Still in the process of orienting ourselves to the course, I had a difficult time understanding the legalese. The examples he gave did not, in my groping mind, differ much from the theory. But, we had to move on so we just hoped that at some further time, we would encounter a situation where his discussion would prove enlightening.
The opportune time is here. It presents itself to me in a concrete form from the announcement made by Her Excellency, President Gloria Macapagal Arroyo. According to the president, our country stands to receive a "grant" from the US government in the amount exceeding one billion pesos. This money denominated Millennium Challenge Account (MCA) is given to the Philippines because, in the words of Pres. Arroyo, we "governed well".
It should be interesting to find out how the original document of this grant is written. If Atty. Bajarias were around, he would ask, "Is there any clause, phrase or statement in the 'grant' saying that the Philippines was chosen because its administration 'governed well'?" If somewhere in the text we can read that America selected our country to be a recipient because we are "governed well" then there is good reason to ask the opposition to rethink its bellyaching. It should even stop castigating the administration and instead sing praise that a foreign government has recognized our good governance.
However, if the original document, the first source, does not mention, in its text, that the grant is in cognizance of Pres. Arroyo's governing our country well, then the interpretation by Malacañang of the basis of this American benevolence is the president's own. Sadly, it is misplaced, if not entirely misleading.
We must remember that the purpose of the fund is, again according to the president, to fight graft and corruption. To me, this is not dissimilar to Pres. Arroyo's "I'm sorry" television reportage last year. Her words acknowledging "lapse of judgment" were tantamount to mea culpa to the charge that she cheated in the 2004 elections as the accusation was inherent in the "Hello Garci" tapes. Saying that the US gave this fund to fight graft and corruption partakes of no other meaning than the president's admission against interest. She is saying that the enormity of corruption in this country is so irremediable that a foreign government is offering help.
There is also a subliminal message in this act of American liberality. Not that our former colonizers are miser but we know that there is always a motive in every thing America does, or as in this case, gives. This grant can be easily interpreted that this alleged assistance is made in the hope that the leadership of the recipient government (read that as Pres. Arroyo) shall feel ashamed of the plunder of meager Philippine resources. Basin ba ug makonsiyensiya.
Rather than be proud of being given money to fight the evils of corruption, Pres. Arroyo should have, in a most diplomatic manner, turned down the offer. Sure, we are in a dire financial strait but, national pride, is nothing money can ever buy. Fighting graft and corruption does not need much fund because the abundance of money precisely is the major attraction of graft. What we need is a demonstration of honesty by our leaders specially now that our pride is touched. Let's be honest even if others are not. How about it Madame President?
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