vonjobi: wow, congratulations! kelan ang trip? i hope i'll be around when you come. had a good time with diosa last...
Keith Bacongco: Knowing Nograles and his Big Boss...garapalan na lang talaga.
Vinia Datinguinoo Mukherjee: Congratulations, PCIJ! Mabuhay kayo!
Lead Philippines: But without credible mass media there, what is left to protect the people..?
vonjobi: it's juned sOniDo.

Latest Message 3 months, 4 weeks ago

hopeless_race : Lets not just focus sa mga malversation of funds, sa mga overpricing..ating pagtuunan ng atensyon ang diskarte ng mga politiko na umuutang ng bilyon bilyon sa gobyerno."Small time" ang ibang pamamaraan ng pangungurakot kumpara sa pag-utang sa gobyerno ng bilyon na tunay ngang masasabing "pinaka big-time" at wala pang sabit.
hopeless_race : Mukhang tikom ang bibig ng lahat pagdating sa diskarte ng mga politiko sa pagutang ng mga bilyon bilyon sa gobyerno na tinatakbuhan. Itong pamamaraan na ito ang tunay na kumakain ng malaking porsyento ng ating national budget batay na din sa sinasabi ng world bank.
hopeless_race : Pakisilip naman po ang mga utang ni Villar sa BSP, ang mga utang nila RAMON JACINTO, RONNIE ZAMORA, JOE DE VENECIA at madami pang ibang mga pulitiko. Iilan lamang yan sa mga nababanggit sa balita na may mga malalaking utang sa gobyerno.
hopeless_race : Nagmimistulang "small time" lamang ang malversation of funds kumpara sa laki ng kinakamal ng mga umuutang sa gobyerno. At ito ay malinaw na natatakbuhan dahil hindi nga naman pwede makulong ang may-ari ng kumpanya sa pagkaka-utang lamang. Tunay na mga tuso at magagaling sa batas itong mga politiko natin. Masasabi ko na malamang lahat ng mga politiko ganito ang diskarte...wala pang kulong.
hopeless_race : PCIJ pkitingnan naman po ang mga gaya ni Villar na my malaking utang sa Gobyerno pero tinatakbuhan. Magtatayo ng kumpanya at uutang ng bilyon bilyon sa gobyerno ng walang balak bayaran. Tunay ngang walang nakukulong sa utang...ito ang prinsipyo ginagamit ng mga politiko ntin kaya nakakapagtaka kung san napupunta ang daang bilyong pera ng gobyerno.
hopeless_race : Sana itreat naman po ng media ang hacienda luisita at mendiola massacre na parang MAGUINADANAO MASSACRE. Ipublicized ang mga katotohanan at ipakita sa tao ang karumaldumal na pinaggagawa sa mga farmers dun. Untouchable po ba sila cory at danding at hindi magawang batikusin ng media about these two massacres?
hopeless_race : Kapag napaguusapan ang mendiola at hacienda luisita massacre ay parang walang nangyari at parang hindi big deal. Anu po ba ang pinagkaiba ng dalawang nabanggit na massacre sa maguindanao massacre?
hopeless_race : Its sad that we pinoys are blind to the fact of what had happened in mendiola and hacienda luisita. Ang tanong..bakit ang media ay hindi manlang matackle ang ganitong usapin? Takot ba sila kay cory at danding?
hopeless_race : Wilkins" brand, for P1.4 billion.-1999 Sugarland Multi-Food Corp. for P2.9 billion 2001- Purefoods Corp P7 billion P60 billion Coca-Cola ... See More 2002- Cosmos Bottling Corp. from RFM Corp. for P14.1 billion October 2008- GSIS' shares in Meralco worth PHP30 Billion. December 2008- country's biggest oil refiner, Petron Corporation. international company shopping spree: Australian boutique brewer J. Boag and Son for A$96 million in 2000. $97 million for Thai Amarit Brewery Ltd $35.5 mi
hopeless_race : Gud am..glad to be back.
jr_lad : rip mr. alecks pabico. you'll be greatly missed!
sevens21 : Dati input mo lng name at SSS ID makukuha mo agad STATIC INFO...
sevens21 : tawag ka sa HOTLINE nila walang ANSWER grrr we need pa namn ng static info SSS Gising!!!
sevens21 : Gawa naman po kayo ng article about SSS. Pangit ng site nila dali ma blocked ng account
guest_899 : we must check the background of each potential candidates to avoid having another big mistake like GMA
guest_899 : congratulations to PCIJ, more power and God Bless !
jazzymuver : how did Arroyo swallow that kind of things!! how come that she just spend the money our countrymen for her own sake!!
guest_3664 : i would be glad if u can include the investigation of the manner public officials announce infra projects as per COA regulation. It is frustrating to see their faces on the tarpaulin instead of the prescribed information like name of project, date of implementation,amount of contract, source/s of fund, among other things. This is very rampant here in Marikina. Thanks and more power on your noble endeavors. We need people like you to have make our country great again.
jhanz_08 : im making research on R.A 9136...with rgards to the privatization of NPC..could someone out there can let me understand more bout this matter?why was monopoly dismantled?email me..jhanycem@yahoo.com...thanks much
erika marie : P.S.:) my paper is due next week and i do hope someone could provide me these reports coming from reliable resources thank you ulit.
erika marie : P.S.
guest_4275 : i am currently doing a study regarding political killings in the philippines. could someone out there please send me human rights reports under Aquino and Ramos administration. you could send it at my email: erikamariet@yahoo.com your response would surely be very much appreciated. thank you everyone. god bless.
guest_4275 : i am currently doing a study for my paper regarding political killings in the philippines. i noted that there are no human rights reports during the Aquino and Ramos administration. could someone out there please send me reports regarding these matter? i do hope these reports came from reliable resources you could send it in my email; erikamariet@yahoo.comyour response would surely be appreciated. thanks everyone. god bless.
jayson bourne : gusto ko po maging member ng PCIJ, panu po ba? may application po ba? sana mapadalhan nyo ako ng info sa email ko... www.jboxpenshoppe@yahoo.com
jayson bourne : cory is OK, but kris & Noynoy sensationalize masyado...
guest_9891 : LABAN pa rin!
meow : boycotts worked during marcos years. how about doing it now against the businesses of the con-ass congressmen?
meow : aside from 168, what other establishments can we boycott that belong to the arroyos and their cronies?
Jalenack : Your shoutbox is blank. Add a message!

You must be a registered user to participate in this chat

Anti-corruption courts performing ‘below expectations’

Posted by: Avigail Olarte | January 12, 2007 at 8:12 am
Filed under: Governance

FOLLOWING the Office of the Ombudsman’s decision to file graft and extortion charges against former justice secretary Hernando Perez, Senate Minority Floor Leader Aquilino Pimentel Jr. said he hopes Ombudsman Merceditas Gutierrez “will really demonstrate her independence and fidelity to her constitutional duty” by acting on corruption complaints involving “other administration ‘big fish.’”

Pimentel was referring, for one, to former agriculture undersecretary Jocelyn “Joc-Joc” Bolante who has been implicated by the Senate in the fertilizer-fund scam. The Ombudsman has yet to file charges against Bolante, following a Senate investigation last year recommending that he be tried for plunder. In 2004, former solicitor general Frank Chavez filed plunder charges against Bolante, President Gloria Macapagal-Arroyo and other top government officials, for the diversion of P728 million in farm funds to Arroyo’s campaign last elections. The case is still pending.

“It seems the administration will make a sacrificial lamb out of former Secretary Perez to show before the nation that it is serious in running after corruption. It wants to create the impression that it is not tolerating corruption,” Pimentel told reporters yesterday.

Last year, the Philippines was third among countries in Southeast Asia with consistently high levels of perceived corruption, next to Burma and Indonesia. In a 2005 survey, the Hong Kong-based group Political and Economic Risk Consultancy ranked the country as the second most corrupt country in Asia.

MONEY INVOLVED IN CASES FILED AT THE SANDIGANBAYAN, 2001-2005
YEAR	AMOUNT
2001	4,687,194,311.80
2002	316,845,241.15
2003	1,311,343,896.58
2004	435,185,303.26
2005	417,062,753.04
TOTAL	7,167,631,505.83

The Center for People Empowerment in Governance (CenPEG), a non-government public policy think-tank, reported that the findings on the incidence of corruption have been dismissed by the Arroyo government as “mere perceptions.”

However, in the preliminary report of a research study conducted by CenPEG, in partnership with Tranparency International-Philippines, anti-graft agencies — the Ombudsman and Sandiganbayan — were found to be performing “below public expectations in the prompt and fair disposition of graft cases, and the prosecution and conviction of high-profile officials.”

Entitled “Is the Philippine Judicial System Effective in Fighting Corruption,” the study looked into the performance of the two agencies within Arroyo’s term, from 2001 to May 2006.

The study found that both institutions suffer a backlog of cases. In the Office of the Ombudsman alone, the report showed “a steady increase in the number of pending cases, giving the Ombudsman more workload every year.”

Read the preliminary report of CenPEG or see the summary.

From 2000 to 2001, there was a carry over of 5,833 cases. By the end of 2005, the number of pending cases carried over to 2006 reached 11,132.

The Sandiganbayan, on the other hand, still has 3,909 cases pending.

DISTRIBUTION OF CASES FILED AT THE SANDIGANBAYAN, 2001-MAY 2006
DISPOSAL	FREQUENCY	PERCENT
Pending	3,909	53.4
Dismissed	1,494	20.4
Archived	1,413	19.3
Dismissed with trial	277	3.8
Withdrawn by the Office of the Special Prosecutor	54	0.7
Acquitted	51	0.7
Convicted	25	0.6
Transferred to other courts	36	0.5
Dismissed (respondent deceased)	28	0.4
Dropped from information	12	0.2
Acquitted (demurrer to evidence)	4	0.1
Pleaded guilty	1	0
TOTAL	7,324

CenPEG further said it is “quite troublesome” that for both agencies, more than half of the total number of cases in for criminal charges in 2005 were carried over to 2006, indicating “an increasing backlog in criminal cases.”

In fact, Sandiganbayan records show that only 27 “high-ranking” elective officials had been convicted in 27 years, from 1969 to May 2006. Of this, two were governors, the highest position that the Sandiganbayan ever charged and convicted. This was followed by mayors, which CenPEG said represented a small fraction compared to the total number of mayors in the country.

In fact from 2001 to May 2006, only 168 city or municipal mayors were charged; only five mayors had been convicted.

“The fact is, even the few ‘high-profile cases’ — or those involving top national officials — have been few, with most of the cases either dismissed, withdrawn or still pending,” CenPEG said.

The “high profile” cases listed by the Ombudsman include the plunder case against former President Joseph Estrada, who is now being tried before the Sandiganbayan, and the case against former First Lady Imelda Marcos. The Sandiganbayan convicted Mrs. Marcos on the charge that she had entered into an agreement disadvantageous to the government; the Supreme Court later reversed the decision.

“It should be noted that although cases filed with the Ombudsman and the Sandiganbayan did indicate the inclusion of high public officials, it is municipal and city mayors who comprised the bulk of the so-called “significant cases,” CenPEG said. But compared to the total number of cases, there were only a handful of cases involving mayors.

Majority of the cases involved private individuals and low-level officials in government agencies, government corporations, and local government units. The rest included governors and other provincial officials, department officials, and a few military and police officials.

Overall, Mindanao had the highest number of cases filed against governors and mayors, followed by Luzon and the Visayas.

Most of the cases filed before the Ombudsman and the Sandiganbayan involved violations of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, malversation, estafa, bribery, and plunder.

Culture of waste and corruption

“The greater the corruption is, the more the delivery of public services is wasted, “ CenPEG said, “The burden of proving that something is being done to curb graft and corruption falls on government including the Presidential Anti-Graft Commission as well as the investigation, prosecution, and adjudication bodies such as the Ombudsman and the Sandiganbayan.”

Calculating the money involved in all cases before the Sandiganbayan from 2001 to 2005, CenpEG revealed that over P7 billion could have been lost to graft. The biggest amount, P4 billion, involves the plunder case against Estrada. The second highest, P9.2 million, involves the pending malversation case against Mayor Gil Beltran of Tarlac and the third, P8.9 million, is connection with the case against Mayor Oscar Jaro of Imus, Cavite.

The late Haydee Yorac of the Presidential Commission on Good Government used to say that “the Philippines is the only country with so many laws and rules against corruption and the highest number of anti-graft institutions, but with so few convictions.”

In a study, the Supreme Court found that a case lodged at the Sandiganbayan takes almost seven years. Even former Ombudsman Simeon Marcelo himself said the Sandiganbayan suffers from “congestion problems” where cases cases involving high-ranking officials take more than 10 years to solve.

The High Court said the “backlog and inefficiency in the disposal of cases can be attributed to the fact that the anti-graft court has only 15 justices.” CenPEG said the Ombudsman is also partly to blame, as there have been reports criticizing the lawyers of Office of the Ombudsman for being “ill-prepared, uninformed, or unfamiliar with cases they handle.”

But University of the Philippines law professor Vicky Avena said there is another problem that could explain the dismal performance of the Sandiganbayan and the Ombudsman: “Because the judiciary’s power is passive, its mechanism does not commence until and unless there are those who discover corrupt activities and then become complainants who are willing to speak out. In fact, the judicial system will never truly succeed unless there is an official framework to protect and sustain the prosecution of wrongdoers till they are jailed and economically paralyzed.”

This entry was posted on Friday, January 12th, 2007 and is filed under Governance. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

No comments yet.