A cast of colorful characters. Top, left to right: Joey
de Venecia, Benjamin Abalos, Sr., and Jun Lozada. Bottom, left to right:
Mike Arroyo, Gloria Macapagal Arroyo, and Catholic nuns escorting Lozada.
ow
can anyone forget the 2007 NBN-ZTE scandal. Where an ill-advised,
grossly overpriced broadband network with limited capability was almost
rammed down the throats of hapless Filipinos by the Arroyo
administration. A foolhardy endeavor that would have cost Filipino
taxpayers US$329 million. For weeks, Filipinos everywhere were glued to
their television sets as the saga unfolded through hearings in the
Philippine Senate.
Who can forget
whistleblower Jun Lozada's Senate testimony replete with moments of
melodrama and anguish. Or Joey de Venecia's re-enactment of then First
Gentleman Mike Arroyo ordering him to "back off." And who can forget the
former NEDA Secretary Romulo Neri referring to then President Gloria
Arroyo as "evil." Last but not least, how can anyone ever forget the
cordon of Catholic Sisters who surrounded Lozada wherever he went, to
protect him from those wanting to do him harm. It was high drama with
larger-than-life characters woven into a garish tapestry Pinoys called
the NBN-ZTE scandal/telenovela.
And in light of
China's current aggressive stance towards the Philippines, the country
dodged a big and deadly bullet by scuttling the NBN-ZTE deal. No
Filipino in his right mind today would want a government-wide broadband
network installed and maintained by the Chinese. It would have given
them access to all secure communications between Philippine government
agencies. It seems that selling the country to the Chinese was the
hallmark of the Arroyo administration, whose critics claim, had no qualms
about doing so, as long as there was something in it for her. First
there was the very secret Joint Maritime Seismic Undertaking (JMSU) in
2005, then the NBN-ZTE deal in 2007.
Nine years after the
scandal broke, despite evidence to the contrary, the Sandiganbayan just
recently chose to acquit Abalos, of graft charges because the
prosecution failed to prove their case "beyond reasonable doubt." Abalos
was accused of offering Neri a PhP200-million bribe if he signed-off on
the project.
So now we have a clear
picture of how Philippine jurisprudence actually works. It takes years
for a case to wind its way through the country's legal system. But
instead of using that time to build an air-tight case, it is alleged
that government prosecutors instead use the time to work out deals, then
water-down their prosecution so that the government either loses the
case, or it gets thrown out by the courts.
Everything appears to
be on the up-and-up, with strict adherence to the rules of law. But
anyone, who bothers to look more closely will immediately see that a
sham legal proceeding has taken place.
So if this is how
Filipino thieves and scammers operate, what does President-elect Rodrigo
Duterte plan on doing about it? Will he simply accept it as the way
things are done in the Philippines? Or will he put his foot down—as he
promised the voters time and again during the campaign—and stop this
travesty of justice.
He and the Department
of Justice have the authority to re-open the case or file an appeal. The
NBN-ZTE deal is unique because the allegations of corruption reach all
the way to the very top, implicating a former president and her
husband.
If anything, this case
should be seen as a litmus test for the new Duterte Administration. Will
he limit himself to being the dreaded "punisher" of petty criminals and
small-time crooks? Or will he have the "guts" to go after the high and
the mighty—the ones who do the most damage yet remain untouchable and
above the law?
Published 5/16/2016 |