|
The recent dismissal
by the Ombudsman of the 2004 Graft case filed by the slain journalist Marlene
Esperat against Jocjoc Bolante and Gang is instructive to interested "Graft
Busters."
This
involved yet another P423-million fertilizer scam back in 2003 in Mindanao, a
forerunner one may say, of the P723-million scandal we all know of.
The
Ombudsman simply dismissed the case for being "unsubstantiated." The
supposed constitutional watchdog of official graft (Ombudsman) said there was
bidding and therefore there could be no "overpricing" precisely because
of the existence of a bidding.
Moreover
it said, there was "no illegitimate use of funds" because the MOA (Memorandum
of Agreement) between the NFA (National Food Authority) and the DA (Department
of Agriculture) was legal and valid (sic) and the "payment of commissions"
could not be proven.
It
is typical of the defense of many graft criminals - almost as if a prototype to
elude conviction has been perfected in this country.
The
naked truth is that the bidding was rigged from the start by an unofficial cartel
of suppliers and thereby the "overpricing" was hidden by the layering
phrase like the "lowest bidder."
A
documented independent comparative quotation of similar supplies would have clearly
established that the dice was loaded.
Of
course, the crime can conceivably be consummated since there in fact exists an
"incestuous relationship" between NFA and DA, the former being an appendage
of the latter as a GOCC (Government Owned or Controlled Corporation) under the
wings of the DA.
In
fact, some directors in the NFA are top-rank DA officials themselves.
Expert
crooks, of course, leave no trace of how commissions are paid - the paper trail
made white as snow and the "money laundering" scheme being perfected
en route to our country becoming the "most corrupt nation in Asia."
But
the futility of some crusading efforts against graft can sometimes be assuaged
by successful anti-graft NGOs particularly the "Concerned Citizens of Abra
for Good Government" (CCAGG) once headed by Pura Sumangil, a teacher of the
Divine Word College in Abra.
It
was a volunteer group of about 100 - made of farmers, housewives, engineers, doctors,
priests, out of school youth, and the academe. The Catholic Church gave them a
room for its office.
Best
of all, CCAGG did its homework. According to the book "Pork and other Perks"
the group learned the law, studied processes, filed court cases and wrote angry
letters to newspapers and called up the radio stations in Abra.
Despite
threats of death and attempted intervention of local officials - they were able
to put many regional and local DPWH personnel to the bar of justice.
Denied
by DPWH, the so-called "program of work," they did their own documentation
"under rain and sun" and filed the court cases in Manila.
A
new Abra native lawyer who graduated from Ateneo, George Tugade, went home to
volunteer for CCAGG. He was shot dead. But the movement stayed on and filed and
won more victories.
CCAGG
relied or donations and did "dinner-dances" for fund-raising purpose
while refusing even softdrinks from contractors and government personnel.
The
CCAGG talked to the communities and inspired them to participate once they realized
the "projects were their own."
The
fabled story of its integrity and thoroughness of its work spread far and wide.
Soon,
NEDA supplied them with a list of all projects in Abra and the DBM (Department
of Budget and Management) disclosed to them all fund releases.
Pretty
soon. CCAGG became a member of the "Bids and Awards Committee" for all
projects in the Cordillera Region.
Jesuit
priest Guido Arguilles had likened the fight against corruption as having "theological
roots" as in the fight between good and evil.
CCAGG
is one proof positive that the 1986 EDSA message can still ring true: "That
an emancipated citizenry will work for good governance."
That
to us is the real "EDSA II."
Are
Boholanos ready for this? The good work of BACOSH (Bohol Coalition against Corruption)
is a good start.
But
perhaps we need more volunteers and immersion in the legal process and value formation.
| 
