Abandoning thoughts of extra constitutional means

Abandoning thoughts of extra constitutional means | Daily Tribune

The massive corruption that has stirred a hornet’s nest is giving way to talk of extra-constitutional measures to address the problem. Discussions on a coup d’etat, a revolutionary government, a people power coupled with civil disobedience and the like may seem to be a knee-jerk reaction as the consequences will be far more telling.

These measures will indubitably impact on our way of life as a coup/revolutionary government under a military authority will have an entirely different way of governance, where most of the rights enjoyed by the people will be suspended. For how long? Only God knows.

Further, abuses tied to an authoritarian government will surely arise as the principle of maximum tolerance or its lesser degree will be totally set aside in the name of discipline and reforms.

Meanwhile, the economy will suffer. Investor confidence will be challenged, capital flight will ensue, and uncertainty will hover above our heads.

In business, the two most important ingredients for it to thrive are consistency and predictability. The fear of the unknown is real. What will happen next can paralyze economic activity. Both local and foreign investors will have to wait and see before they take another look at a nation under an undemocratic rule.

Those who may plan to invest in the country will shy away or repurpose their programs to nearby Vietnam, Malaysia, or Cambodia. One just needs to look at the impact on Thailand’s economy of the series of people’s protest rallies and demonstrations there. A coup/revolutionary government will result in longer and lasting consequences that will once again cripple our economy.

The magnitude of the corruption, as seen in the flood control mess and other DPWH vertical and horizontal projects, as well as those of the DoH, DA, DND, and other agencies, is starting to unravel. Political pundits estimate a whopping 30 to 40 percent of the national budget going straight to the pockets of government officials and their cohorts.

Such losses impact what could be additional funds for social services, a sufficient healthcare program, better infrastructure, and reduced direct or indirect taxes.

The ire, the disgust, the disenchantment, the disappointment of the citizenry in our government leaders and institutions is very real and unprecedented. People are demanding accountability and retribution.

The constitutional and legal processes to address the problems will definitely take a while, even if the government is seriously and honestly determined to get all those involved behind bars. But will the people be patient enough to see such measures through? Many have become so cynical about the government’s resolve that even the retired uniformed personnel have been urging their former comrades to withdraw their support from the government.

It seems that draconian measures are necessary to avoid any extra-constitutional attempts to address the problem. What are these measures?

For one, both houses of Congress should pass, no later than November, the Anti-Dynasty Law where no relative of up to the second degree of consanguinity, including in-laws, of an incumbent official may seek local or national office. Further, no relative of an elected official up to the second degree of consanguinity may be appointed to the executive branch from assistant division chief and up.

Two, the total budget of every legislator and their staff, including their monthly itemized expenses, shall be posted on a website and made available no later than a week after the close of each month.

Three, the SALN of all government officials shall be made available and posted on their website. The statements shall be updated and posted by the end of April of each year.

Four, Congress should expand the framework established by EO 2 in 2016 by enacting into law the Freedom of Information Act preferably no later than the end of 2025.

Moreover, a Special Court on corruption should be created with specific timelines for the disposition of each case, not to exceed six months. The prosecution office or the Ombudsman shall likewise terminate its investigations and file appropriate cases in no more than three months. To effectively carry out these measures, Congress shall appropriate the necessary funds to augment both the manpower and operational expenditures of the agencies concerned.

There are a number of laws needed to ensure honest and credible elections. A hybrid type of canvassing of election results should be effected immediately. The filing of certificates of candidacy should be a year before the elections and should include a biodata where a candidate’s work experience is disclosed. A written proposal of no more than 200 words indicating a candidate’s program to address various challenges the nation faces should be required.

Further, a one-page personal commitment form shall be filed by every candidate expressing his wholehearted adherence to the Code of Ethical Standards, or RA 6713, where transparency and the freedom of information shall always be observed and readily made available to the public.

Moreover, in instances where public investigations are conducted and considering that public office is a public trust, a candidate will voluntarily allow the opening of his bank accounts.

These measures will empower the public to obtain official information and will provide them ample time to fact-check, discuss and debate on whom to intelligently vote for.

Now, more than ever, is the moment that calls for a firm resolve for transparency, accountability, and renewal. Our trust has been compromised and to regain that trust, it is imperative that a high degree of standards for public office be instituted posthaste to win back the confidence of the public.

Both houses of Congress should come together and adopt draconian measures NOW, if only to convince the people that our leaders are not morally and ethically bankrupt or devoid of conscience; rather they are able to rise above the public perception, and still do what is expected of them.

Then, perhaps, any thoughts of resorting to extra-constitutional means to win back our country will be abandoned.