Christmas is done. The season for politicking begins in full stride.
The politicking, in fact, came early. The week before the holidays came into full bloom, the administration moved brazenly against two influential provincial governors.
The twin moves were odd to say the least. Both governors happen to head up vote-rich provinces. Both faced rivals from the Liberal Party (LP). Both are closely identified with the Binay-led UNA coalition that fielded a strong senatorial slate to face the LP in the forthcoming midterm elections.
Cebu Governor Gwen Garcia received a 6-month suspension order a week before Christmas. When that suspension order was issued, the courts were already on holiday, removing the beleaguered governor’s chance for winning judicial relief. Consequently, Governor Gwen had to spend Christmas at her office to prevent consummation of what she describes as a “Liberal Party coup.”
The standoff at Cebu continues. Leaders of the UNA went on a pilgrimage to her place of resistance to bring her cheer and wish her strength. Vice-President Binay reportedly encouraged her to persist in fighting off the suspension order. It appears she is hell-bent on doing exactly that.
A few days before Garcia’s suspension was handed down, Pangasinan Governor Amado Espino was publicly pilloried right at the main offices of the DILG, bastion of LP chief and agency boss Mar Roxas. Espino faces an LP candidate, a Roxas protégé, for leadership of his vote-rich province.
What happened at the DILG was bizarre, to say the least. Two minor politicians claiming to have delivered to the governor money from illegal gambling denounced Espino as a “jueteng lord.”
Fine. However, other than the self-serving claims of the so-called whistleblowers, there is nothing else to back up whatever is charged the governor. All the lawyers I discussed with say there is no case against Espino that might withstand the scrutiny of a proper court proceeding.
This is a classic case of failed staff work, a horrifying instance of trial by publicity.
When the two supposed whistleblowers, minor politicians with an axe to grind against their governor, decided they wanted to go public with their claims, the DILG called for a press conference and put them on deck. There was no prior inquiry done, no documentation of the charges and, as has become usual this days, no due effort to inform the accused so that he may be able to air his side and prepare for his defense.
Due process requires the accused to confront his accuser. It requires a quiet case buildup, presuming innocence on the part of the accused. It requires competent legal representation of the accused in all proceedings relating to charges made against him.
None of these regular courtesies were performed by Roxas and the DILG, even as the accused in this case is a sitting provincial chief executive. Instead, “whistleblowers” of unknown credibility were dragged before the media to say their piece. Espino was tarred and feathered in the public eye without any chance to defend himself.
The way this thing went, the DILG so imperiously set aside all procedures relating to due process. The agency laid out a kangaroo court, entertaining unsupported denunciations, convicting the accused in the public eye without opportunity to speak in his defense.
Unsupported as the denunciations were, the DILG happily (albeit inappropriately) joined the chorus, publicly accusing the governor of plunder. Whatever the facts of this case, this is not how things are done in a community that is in principle ruled by law.
In happier times, before being overrun by barbarians with no respect for reputations and due process, the proper thing the DILG ought to have done was to carefully build up a case, gather evidence, and then ask for a DOJ panel of prosecutors to check if there is a case worthy of filing. At every step, the accused may present evidence in his defense.
If the due process safeguards are waylaid, then persecution substitutes for prosecution. There is a whale of a difference between the two.
There is undue eagerness on the part of the DILG in the case involving the two governors, producing a large amount of unfairness.
In the case of Garcia, the complainant passed away last year and the subject of the complaint, for well over 400 days, was not kept appraised of the status of the complaint against her. She was surprised by a heavily punitive suspension order that basically cancels what remains of her term of office and installs her chief rival in power. That rival happens to be a sister of a Cabinet member.
In the case of Espino, he was denied the simple courtesy of being informed of accusations made against him. The man was as surprised as everyone else when the DILG conducted that burlesque of a press conference smearing the former legislator and now provincial executive.
Should Garcia win a TRO against the suspension order, she will be able to complete her term scarred by the nightmare of the past week. The case against her will end up moot.
Unless the DILG puts in a lot more work over the next few weeks, they will not have enough to build a case and somehow abruptly terminate Gov. Espino’s current term. He was jarred but not devastated by what happened.
In the end, it seems both “projects” were propaganda-driven, intending to intimidate other local officials who are less than cooperative. In the end, too, this will have to be called electioneering.