By Atty. Howie Calleja
Philippine politics has, over the course of several decades, become synonymous with corruption. Each election cycle, new candidates will come bearing claims of aspirations to fight for the average Juan – with anti-corruption at the heart of their platform. With empty promises to stamp our corruption and weed out greedy officials, aspiring leaders go into their campaign beaming with the apparent hope that they are the ones who will ensure the taxpayers’ hard-earned pesos are not put to waste. And yet, year after year, their promises fall short. Whether they are protecting their fellow old money buddies, paying back favors from borrowed campaign funds, or just good old-fashioned power-plays by oligarchs, it seems that the higher up the office, the more favors owed and paid out – no matter who is in the office.
This past week, the President stated he does not have the authority to investigate members of the legislature that are allegedly receiving kickbacks from government projects, due to the Executive and Legislative branches of government being equal. All of a sudden, despite recently standing in front of the United Nations and boasting grand claims of success in the fight against corruption, he’s turned a blind eye. The names, given by the Commissioner of the Presidential Anti-Corruption Commission (PACC), seemed to have a lot more evidence than any of his past claims against adversaries that eventually were run out of their office and, for some, the country.
Who could forget that Senator de Lima was investigated by the Department of Justice, a government agency under the Executive branch, at his instance – and is still detained on false, trumped-up charges. Neither should we ignore the fact that it was the Office of the Solicitor General who went after Chief Justice Sereno for her SALN, after his constant claims that he would oust her, in a clear attempt to politicize the judiciary. And how many other government officials, from all branches, were named by the President on a baseless and unsubstantiated drug list, and eventually either run out of the country or issued death threats?
The executive agencies at his disposal have never shied away from public investigations based solely on his tirades before, which makes this all the more interesting. Why is it only now that he talks about the separation of power among the government branches? Is this the start of a newfound belief in the principle of innocent until proven guilty, or just blatant hypocrisy? One would lean towards the second view after realizing that, just a few months ago, the row over the Speakership position was settled by the very man who said he cannot meddle in the legislature. Apparently, his apparent lack of authority to investigate corruption within Congress does not bar him from interfering in the internal matters of the body and dictating who will sit on his right-hand side.
While the principle of separation of power is, indeed, one that is fundamental to the smooth operations of our government, it is borne out of a need to maintain accountability to the people. It does not avoid investigation, rather it is the essence of the separation that demands for oversight and transparency among the branches. It is through separate, individual powers that power can be decentralized and the organs of the government can function independently and effectively. And it is through a system of checks and balance, within the confines of the rule of law, that the responsibilities and powers of the various branches of the government are divided and closely safeguarded, with the purpose of avoiding abuse of power.
What then, does it say when the separation of power is a principle that is called upon selectively? It is the duality of man that has allowed the perversion of the principle of checks and balance to thrive – accountability only for adversaries, and a blind eye for allies – all done in the interest of maintaining power. Despite the past years of attempts to politicize the judiciary, and to consolidate influence over the legislature, the damage done to the branches of government has a shot at repair in 2022 and there is no time to waste. One man cannot run this country on a whim; our democracy was built to prevent the abuse of power in one branch, but no one could have predicted a leader who would bastardize the branches to fit his own vision. We must act now, and demand accountability from all branches of the government – lest we fall victim, once again, to the scam of the promise of change.