EDITORIALS
>> Friday, October 7, 2016
Exempting
erring officials from preventive suspension
Should public officials accused of committing
crime or offences be exempted from preventive suspension?
This is now issue of
contention between the Office of the Ombudsman and the Lower House. Deputy
Ombudsman Gerard Mosquera has defended the stand of the Office of the Ombudsman
against the proposed bill of House Speaker Pantaleon Alvarez which seeks to
exempt public officials from preventive suspension.
“We disagree with
this premise. It is our position that the mere fact that a public officer no
longer occupies position where the offence or in relation to which the offence
committed, we believe the possibility of tampering of witnesses, influencing
the witnesses, tampering of the records still exists,” Mosquera said.
He said public
officials facing complaints may possibly influence the investigation if they
remain in their posts. But some House members are not convinced by this
argument.
“That is not so
anymore. That reason is not applicable to persons occupying another position,”
Albay Rep. Edcel Lagman argued.
More than 50
lawmakers are already supporting the said measures introduced by the house
leadership that aims to amend provisions of Republic Act No. 3019 or the
Anti-graft and Corrupt Practices Act
particularly
exemption of public officials from preventive suspension, given that the
complaints filed before the Office of the Ombudsman are in connection with
their former position in government.
The House Bill 3605
has now referred to the technical working group to further study said measures.
People of this
country, even government officials, are presumed innocent unless proven guilty
for committing crimes like graft and corruption. But then, “guilty” officials
who hold government posts, even if their crimes are unproved yet, could indeed
influence outcome of their crimes through reasons Mosquera cited like coercing
and influencing witnesses or tampering records.Is imposing preventive
suspension on them justified? It would be a welcome development if the House
technical working group could come up with a Solomonic decision on the matter
after thorough study.
Burying
former President Marcos
Standing on the belief that the burial of
former President Ferdinand E. Marcos will bring unity and healing to the
country, a manifestation was filed Sept. 27 in response to the call against
burial of Marcos at the Libingan ng mga Bayani (LNMB).
The manifestation was
filed by Hyacinth Rafael-Antonio, lawyer of the Marcos family, as directed by
Supreme Court Justice Alfredo Caguioa.
Caguiao asked the Marcos family to drop the
planned burial of FEM at LNMB during the second round of oral arguments on Sept.
7 saying, “if it is possible for the Marcos family to actually withdraw their
petition in the face of all the pain and anguish expressed during the last
hearing, as a sign of healing.”
In the filed
manifestation, lawyer Rafael-Antonio maintained that burial of Marcos at LNMB
is in accordance with, and implements the law “and because of this the family
does not wish to abandon this undertaking.”
The burial of Marcos at
LNMB has been politically dividing the country for 27 years now until President
Rodrigo R. Duterte backed the plan as a fulfillment of his campaign promise,
highlighting national unity and healing.
Rafael-Antonio said it
is not only the Marcos family that is awaiting the burial of Marcos at the
LNMB, citing the letter of Suzette P. Pido, daughter of the late Col. Ildefonso
A. Perez who was incarcerated together with Marcos in Capas, Tarlac during
World War II.
Despite being a war
veteran and a soldier, Perez made it a part of his last will and testament not
to be buried at LNMB until Marcos “was allowed to be similarly interred within
its hallowed grounds.”
In her letter, Pido
noted that her clan honors a “blood debt to Ferdinand Marcos” as her father
personally witnessed the heroism and generosity of the former President” during
World War 2
Pido recounted in her
letter the story told by her father when “he met a certain Lt. Ferdinand
Marcos.”
“When this Lt. Marcos
found out that my father’s brother, Sid was at death’s door, he unhesitatingly
gave my dad a bottle of intravenous fluid (IV) that had been smuggled into the
camp by his mother Josefa Marcos, for her son’s own use in case he, himself got
sick,” she wrote.
“While handing over
the IV bottle to a person he hardly knew, Lt. Marcos said ‘Your brother needs
this more than me,’” she added.
Pido’s uncle Sid
“recovered, prospered and lived to a ripe old age” and it is in this light that
she sets aside her own political beliefs despite being an anti-Marcos advocate
to fulfill her father’s dying wish.”
Despite the negative
reports about Martial Law, Pido said his father “wanted us, his family, to
recognize the fact that despite all that has been said about the man, for one
instance in his life, Ferdinand Marcos was truly a hero.”
Marcos loyalist
groups across the country had been actively conducting a signature campaign in
support of Marcos’ burial at LNMB with over 500,000 signatures collected since
Sept. 25.
A proposal of some
groups to end the impasse is for the Marcos family and loyalists and those against the burial of Marcos at
the LNMB to accept the
decision of the Supreme Court on the matter to start healing and make this
country move forward
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