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Opinion

Delicadeza

A LAW EACH DAY (KEEPS TROUBLE AWAY) - Jose C. Sison -

In the recent business forum of the Joint Alumni Clubs of the different U.S. universities, PNoy once more articulated his vision that “when he steps down as President in a little over four years, he will leave a government unshackled from corruption and dishonesty”. Certainly such statement lifts up the spirit of most Filipinos who have been sick and tired of these maladies plaguing our country for so many years. He should be warned however that this is easier said than done. Indeed such rosy statement only create the impression that it is just another public image building gimmick with more words than real action. He would be more credible if he and his people would talk less and just work quietly towards his goal. As they say, he should “walk his talk”.

Undoubtedly, attaining that vision in a little over four years seems to be quixotic especially because of the many obstacles blurring his vision and blocking his quest as shown by the lack of significant progress in campaign to eliminate or even lessen graft and corruption in the government. PNoy’s task really looks daunting but most Filipinos are hoping and praying that he succeeds, or that his crusade will not be a total failure. While he has only made a slight dent on ridding the government of this chronic plague, this is understandable because the hindrances look formidable or even insurmountable. Therefore, he should at least be aware and recognize these hindrances.

Most menacing among them is something that our current crop of public officials, from the highest to the lowest level seem to have lost, or completely forgotten, or have unfortunately discarded simply because they do not comprehend, or do not believe that “public office is a public trust”. This can be described by a single Spanish term that has been given a more noble meaning by our forefathers, called delicadeza. Gone are the days indeed when public officials still had that sense of delicadeza while holding office.

Literally, this Spanish word means “delicateness, fineness or tact, or showing regard for the feelings of others, or sensitive in action or operation”. But in our Filipino culture, it has been given a nobler meaning associated with holding a public office or position of authority and trust. It is actually a virtue possessed in the olden days by those in position of trust and authority which tells them that when mere impropriety or irregularity has been perceived in their actions while in office, it is more honorable to resign and relinquish their position than to hold on to it; or when doubts arise about their objectiveness and impartiality on certain matters they are called upon to decide, affirm or deny, they should inhibit themselves from doing so.

Before World War II, our parents used to tell us that most officials and employees of the government had the keen sense of delicadeza while performing their jobs. Any slightest hint or taint of irregularity or conduct unbecoming their position was enough to compel them to irrevocably resign. They never put conditions to their resignations with words like “only the President can tell me to resign because I serve at the pleasure of the President”. They knew very well that their boss was the people and not the President.

But after the war when we gained independence, this virtue gradually faded from the consciousness of our officials until it has been almost completely forgotten nowadays. Even the highest officials of our land have lost it or have chosen to ignore it. In 2001, when past president Erap Estrada was impeached, he could have averted EDSA II by voluntary stepping down when damning evidence about his “Jose Velarde” accounts were exposed. In 2004, past president Gloria Arroyo should have resigned after admitting her “hello Garci” telephone conversation regarding the rigging of the presidential elections that year.

To be sure, this on-going impeachment drama unfolding before us now should not have happened if CJ Corona only had the delicadeza not to accept his highly controversial and questionable appointment by former president Arroyo because of the Constitutional provision banning appointments within two months immediately before the presidential elections “except appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety” (Section 15, Article VII). Then he should have been more sensitive to the current public perception about his moral unfitness to hold the position in the midst of the apparently damning evidence on dollar deposits not reflected in his SALN. A strong sense of delicadeza should have forced him to resign or at least go on leave.

In fact even Ombudsman Conchita Carpio-Morales seemingly displayed lack of delicadeza when she willingly and readily testified in the Senate Impeachment Court on the alleged multi-million dollar deposits of Corona knowing full well that she was also vying and a more senior contender to the position of CJ at the time Corona was appointed. Delicadeza should have dictated her to at least express some reservations against testifying because her motives will be suspect especially when the data she obtained are still raw and unverified. Indeed even her performance as a Supreme Court (SC) Justice was not completely free of any impropriety and irregularity. In one case, (Citibank, N.A. vs Rosita Tan Paragas, G.R. No. 159302), the Citibank’s petition was already dismissed by the SC on September 24, 2003. Then its first and second motions for reconsideration were likewise denied with finality on January 14, 2004. But after 2 years, 6 months and 19 days or on February 6, 2008, the Court’s second division not only reinstated the petition of this corporate giant against a lowly employee, but also granted it. And Justice Carpio Morales penned that ruling. Obviously, there was some irregularity here. But after retiring, she was even appointed as our Ombudsman empowered “to investigate on its own, any act or omission of any public official when such act or omission appears to be…unjust, improper or inefficient” (Section 13, (1) Article XI).

Then there are PNoy’s own kabarkada, kaibigan and kabarilan. His DILG Usec Puno was found to be negligent in the performance of his duty in the Luneta hostage taking and was recommended to be sanctioned. Pagcor Chairman Naguiat was found to have enjoyed lavish amenities provided by a corporation having some business with the agency. While his Presidential Political Adviser Llamas was caught buying smuggled tapes after a previous incident when an M-16 rifle was found in his vehicle. These are certainly acts of improprieties enough to prompt them to resign for delicadeza. But they chose to cling on to their positions.

PNoy must recognize these few incidents showing lack of delicadeza in our public officials. He must do something about this if he wants to succeed.

Email us at [email protected]

BEFORE WORLD WAR

CITIBANK

DELICADEZA

ERAP ESTRADA

GLORIA ARROYO

JOINT ALUMNI CLUBS

JOSE VELARDE

JUSTICE CARPIO MORALES

PUBLIC

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