Fighting graft and corruption effectively

This yearend column features a think piece by a well-known judicial personality, former prosecutor, trial judge and justice of the Sandiganbayan, Justice Manuel R. Pamaran. One remembers him as the “Hanging Judge” of the Manila Regional Trial Court, the title earned from his fast and thorough resolution of cases and conviction of criminals. From his desk at Pamaran Ramos & Partners he writes on issues of the day, one of which is this piece, “Fighting Graft and Corruption Effectively.” His commentary recommends a review of the existing penal laws that delay the resolution of cases against public officials charged with graft and corruption. Here it is:

“Anyone who loves his country, especially those who have served their country with distinction and honor, deeply laments the portrayal of the country as one of the most corrupt in Asia. As a result of corruption we have lost the confidence of world financial institutions. The remedial measures adopted by government to minimize graft and corruption are strongly lacking and ineffective. Apparently, those measures of investigations and seminars only resulted in convictions of minor government officials, while the cases of the so called “big fish” are unacted upon for years or the charges against them are dropped during the unguarded moment of the public.

“As a former prosecutor, trial judge and presiding justice of the Sandiganbayan, I had ample opportunities to observe public officials who betrayed their office and undermined the faith of the people in the government. My long experience gave me the knowledge to propose effective solutions in the fight against graft and corruption.

“Let us first focus our attention to the existing penal laws and the respective penalties on graft and corruption or any government-related cases. Such laws must be amended by treating any case of graft and corruption as a crime against public order like rebellion, subversion or sedition wherein the penalty must always be a straight one, no minimum and maximum periods. Likewise, the convicts should be disqualified from the benefits of the probation law and there should be no plea bargaining.

“The penalties must also be amended to make them stricter. In malversation, Rule 217, Revised Penal Code, if the amount malversed exceeds P100,000, the penalty should be reclusion perpetua.

Also, under Republic Act No. 3019 the Anti-Graft Law as amended, the commission of any graft or corrupt practice as defined therein like in malversation cases, the law should be based upon the amount involved or damages sustained and where the amount involved is P100,000 or more, the penalty should be the single penalty of reclusion perpetua. As stated in the book, Corruption and The Destiny of Asia by a Malaysian Fulbright Visiting Professor (USA) Syed Hussein who studied sociology of corruption in Asia for the last 30 years, the “absence of severe punitive measures does not awaken the necessary loyalty and devotion capable of inhibiting corruption.”

“Now, we go to preliminary investigation and trial. Under the present rules the periods to terminate these proceeding and to render the corresponding resolutions or decision are too long thus, giving the culprits the opportunity still to hold office, enjoy their ill-gotten wealth and adapt ways and means to favor them to the disadvantage of the prosecution and the public dealing with them. The government is perceived as lenient and not serious in its campaign against corruption. The proceedings should be shortened and their periods reduced to one-half, like for example the resolution on preliminary investigation must be made to a non-extendable 30-day period and the decision of the court within a non-extendable 45-day period after submission of the case for resolution or decision. “As Pierre Corneille (1606-84), a French poet once said: ‘Justice advances with such languid steps that crime often escapes from its slowness. Its tardy and doubtful course causes many tears to be shed.’

“ Moreover, where corruption cases involve a sum of money or property to be recovered like in plunder, the warrant of arrest should be accompanied by a writ of preliminary attachment of the money or property involved at the instance of the public prosecutor to prevent the concealment or disposition thereof, thus making confiscation, or forfeiture or payment of fine and civil liability empty proceedings because the culprits enjoyed the same during the pendency of the action.

“Also, the prosecutors and judges should be sanctioned for failure to comply with said proposed time frame. They should be penalized by withholding their salary, benefits or privileges and promotion.

“One more thing. In order to comply with the early termination of preliminary investigation and trial within the said limited period there should be no issuance of temporary restraining order or injunction that will interrupt the proceedings.

“In these trying times, it is strongly believed that if these proposals will be given utmost priority right now, especially those which can be done by circulars coming from the Department of Justice, the Supreme Court or Chief Executive, the menace of graft and corruption which holds the country in its insidious grip will certainly be contained. All other preventive measures without these proposals are exercises in futility and citizens will not be eager like now, to come out in the open to denounce corruption while the culprits enjoy their ill-gotten wealth in joyous abandon to the betrayal of excellence in governance, thus making the quest for a clean, effective and honest government an impossible dream.”

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