Philippines - a favorable market environment

Executive Order No. 62 issued on January 15, 1999, created the Philippine Center on Transnational Crime (PCTC). In one of their reports, it states that, “Drug crops from China, Burma, Thailand, Laos, Afghanistan, Pakistan, India are smuggled to foreign countries particularly to those with favorable market environment, weak criminal justice system, corrupt law enforcement, immigration and customs officials and politicians, and a weak border protection and immigration laws.”

That’s the Philippines! Our country is really a “favorable market environment” for crooks. Thanks to our justice system and law enforcement agencies. What makes it worse is that poverty and illiteracy make it a haven for criminals who take advantage of the situation.

The major headlines last week on Congressman Singson’s Case in Hong Kong, the AFP “Pabaon” Fund for the Chiefs and Senator Panfilo Lacson’s Acquittal – clearly show how this country and the people (that’s us) can be easily corrupted.

On the case of Ilocos Sur Rep. Ronald Singson, he had no choice but to tell the truth. If it had happened in this country, I’m pretty sure he would easily get off the hook.

His guilty plea to drug trafficking and his admission of being addicted to drugs have tainted the image of the legislative branch – but that’s life and we all should learn from his story.

In Hong Kong, penalty imposed on drug traffickers carries a maximum penalty of life imprisonment and a fine of HK$643 million (P6.23 billion). The maximum penalty for possession of dangerous drugs is a fine of HK$1 million (P5.64 million) and 7 years imprisonment.

The Hong Kong courts can be quite complicated. The adjournment of Singson’s case was due to nothing more than the Chinese New Year. This is to them like Holy Week to us – everything closes. Even as this happens, everyone already knows what the judge will do. He actually has very few options. When Singson pleaded guilty, the trial part of the case was finished. Right now he stands convicted by his own plea. What went on last week was the sentencing portion. It starts like the verdict portion – with lawyers arguing. But this time, they are arguing mitigation, not guilt or innocence. This means that Singson’s lawyers will try to come up with reasons for his sentence to be low. The prosecution then tries to rebut those reasons.

But truth be known, there are few mitigation circumstances recognized by Hong Kong law. In actuality, it doesn’t matter whether Singson’s drugs were for dealing or personal use. It’s the weight, and the fact that cocaine is classified as a dangerous drug, that sets the sentence.

So, everyone from the judge to the lawyers to Singson himself already knows what will happen when the games resume after the break. He will probably be given 2 years, then, transferred immediately to one of the twenty or so men’s prisons in Hong Kong. He will go from court directly to jail. He will have 28 days in which to appeal the sentence, but he will not be allowed out on bail while the appeal is pending.

Now that he is convicted, bail will be a thing of the past. If he files for leave (permission) to appeal, it will take about six months for the court to decide whether or not he has grounds. If they think he does, a few months later they will hear his appeal. But all this will be done while he is in jail. Chances are, he will not appeal. That is because they are told that if they appeal, and the judge will not agree with them and thinks they’re wasting the court’s time, he can actually increase his sentence instead of lowering it. That frightens most would-be bail seekers back in their cells.

Sounds complicated, but that’s how it is in Hong Kong. Abangan!

We are really victims of our own circumstances. When you get used to a high-profile life, you think you can easily get away with the law but reality bites especially when you commit a crime in another country where the law is supreme!

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This brings us to the current problem faced by the Armed Forces of the Philippines. In the wake of the accusations made against the top echelon officials of the organization, what happens then to the AFP command?

These revelations of huge cash gifts to incoming and retiring chiefs of the AFP have led to the opening of more “pandora boxes” filled with worms whose undeniable foul stench masked the erstwhile fresh air that we breathe.

It has not only brought pain and tears to those involved in the investigation but in a way has brought down the morale of the men and women in uniform. Where does AFP go from here? Will they just sing “Que sera, sera…whatever will be…will be…” or will the present leadership bring back to the fold the true character of his men, brave all storms that will come their way and rise above the many tribulations the organization is facing today?

As it is, everyone seems to be on a waiting mode. The challenge lies in the hands of AFP Chief of Staff, Lt. Gen. Ricardo S. David Jr. Now is the time for him to prove his worth not so much to the general public but more so to his men. He should take the lead in regaining what was lost – respect, integrity and honor for the AFP. He cannot afford to sit and wait until the coast is clear. He is faced with something that is more serious than a coup d’état or a mutiny. The integrity of the institution he represents is at stake. It is his duty to ensure that the Armed Forces of the Philippines no matter what state it is in must uphold the law and continue its mission of protecting the country and its people.

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Another drama unfolds this week as we await Senator Panfilo Lacson’s coming out from hiding. Susmariosep! I still do not understand why he continues to hide – not a good test of character. You know if you are innocent, you have no reason to hide. Regardless of the matter, will the Senate continue to give him the privilege of continuing his services? Let the people be the judge of how justice prevails in this land. His biggest mistake is that of showing cowardice!

We really need more good men and women to lead this country. Where have they gone? As Josiah Gilbert Holland wrote in his poem – “God, give us men! A time like this demands; Strong minds, great hearts, true faith and ready hands; Men whom the lust of office does not kill; Men whom the spoils of office cannot buy; Men who possess opinions and a will; Men who have honor; men who will not lie; Men who can stand before a demagogue; And damn his treacherous flatteries without winking.”