Time to let the courts decide

Republic Act 7080 otherwise known as the anti-plunder law clearly states that the crime of plunder is committed when public officials and individuals who take part in its commission acquire ill-gotten wealth – through kickbacks, misappropriation, malversation, misuse or conversion of public funds amounting to no less than P50 million. This law is the basis for the graft and plunder charges filed before the Sandiganbayan against several individuals including Senators Juan Ponce Enrile, Bong Revilla and Jinggoy Estrada – all accused of pocketing millions in pork barrel kickbacks through bogus NGOs and ghost projects.

As expected media has played a major role in following the progress of the case (at times resembling a mob in their rush to cover) mainly because of the magnitude of the scandal and the personalities involved. Estrada, Revilla and Enrile have refuted the allegations, saying they never took bribes from Janet Lim Napoles, tagged as the pork scam queen who allegedly perpetrated the Priority Development Assistance Fund scam.

Unlike his younger colleagues who have noticeably been more “emotional” about the plunder charges and their subsequent arrest, Enrile strikes many as cool and unruffled. Unfazed by the voluminous documents ostensibly proving the charges, Enrile lead counsel Estelito Mendoza belittled the evidence against his client as “underwhelming and inadequate,” even challenging Ombudsman Chit Carpio Morales to produce the “smoking gun” that would establish the guilt of his client beyond reasonable doubt.

There is no evidence showing Enrile received money from Napoles; whistleblower and former Napoles employee Benhur Luy admitted he has never met Enrile; and there was no personal transaction between Luy and the Senate minority leader, the JPE lawyers said. Besides, the files and printouts from Luy’s hard drive do not constitute evidence since it’s easy to manufacture lists and transactions using the computer, and their mere existence does not prove the contents are authentic, lawyers of the senior senator also point out. 

Like Estrada and Revilla, the 90-year-old Enrile strongly denies any involvement in the PDAF scam, saying he is fully aware of the law and declaring that justice will ultimately prevail in this country. But as expected, public opinion is very much against the accused – making it all the more important to leave everything to the courts. We have no choice but to trust our judiciary.

Last week I received an e-mail asking why media including me never seem to get tired writing about the ills and problems that trouble this country. But that’s precisely what needs to be done. Bring out all the issues – point out the negatives that are happening so that everyone will be aware of them with the hope that people who have the authority to address the issues will do something about them. With technology having advanced by leaps and bounds in the last decade, especially with the availability of cellphones, computers and smart gadgets that are more affordable and aimed at the midrange and lower target markets, access to information is now much easier – instant even – enabling Filipinos to become more aware of what’s happening – clearly making them more critical and watchful of government. In fact, I was pleasantly surprised to see that even household help are active on Facebook and Instagram.

According to FlatPlanet, an Australia-based outsourcing company, Filipinos are becoming more and more Internet savvy, with the number of users continuing to grow and expected to increase from 33 million two years ago to 41 million today. A report on Internet World Statistics released by Google also revealed that the Philippines is the second top Internet user in Southeast Asia, the sixth in Asia and the 17th in the world. FlatPlanet also cited another report from Internet analytics company comScore that the Philippines has the second highest Facebook penetration rate in the world at over 92 percent (next to Brazil), with 71 percent of the Internet audience between the ages of 15 and 34.

Internet and social media are making people more outspoken and aware, getting updated through newsfeeds on their email and social media accounts, discussing current issues in chat groups, starting online petitions and organizing events and activities including protests and rallies. Which is why now more than ever, people are even more cognizant of the need for integrity in the justice system, demanding to see the justices do their work with objectivity and no partiality to favor any one party.

In a well-attended lecture forum organized by the Supreme Court and the Philippine Judicial Academy in 2011 with Guam Chief Justice Robert Torres where I was invited to be a panelist/reactor, he noted the great impact of social media on the judiciary and how it enhances accessibility to court information. Torres also stressed the responsibility of the courts to reach out and interact with all aspects of the community to improve public perception of, and trust in, the justice system.

The most discussed topic today in social media continues to be the pork barrel fund scam, with Filipinos from all over the world closely monitoring the developments. Everyone is waiting for the names of individuals who will be included in the next batch of cases that Justice Secretary Leila de Lima promised to file. It’s clear people are not going to let this issue go away – making sure everyone involved will be made accountable.

There is no doubt Filipinos have been awakened – making the axiom attributed to Abraham Lincoln more true today:  “You can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time.”

*      *      *

Email: [email protected]