Unwanted Trouble Awaits
The Unintended Consequences of Governance Reforms
The history of the current Fifth Republic in the Philippines has been marked by a series of governance reforms aimed at promoting accountability and good governance. However, these efforts have often led to unintended consequences, undermining their intended purposes. One such example is the process of impeachment, which was made easier under the current Constitution compared to previous ones. Despite this, it has become a tool that has lost its effectiveness due to various manipulations.
Impeachment and Its Limitations
Impeachment, once seen as a powerful mechanism for holding leaders accountable, has faced challenges that have diminished its impact. The introduction of the one-year rule to prevent harassment has allowed for the filing of defective or dubious complaints, which can be dismissed without addressing more serious issues. This has led to a situation where the very instrument meant to ensure accountability is now viewed as toothless.
Another innovation in governance is the use of quo warranto proceedings to remove officials who were previously only removable through impeachment. This has shifted the power of removal from Congress to the Supreme Court, as seen in the case of the removal of a sitting chief justice. The same type of proceeding was considered for the case of ABS-CBN, but it became moot when Congress acted in favor of the company.
The Ombudsman's Role in Transparency
Recent developments involving the Ombudsman, Jesus Crispin Remulla, highlight the ongoing debate around transparency and accountability. Remulla attempted to provoke a "justiciable controversy" by seeking to dismiss Senator Joel Villanueva based on an order from a former Ombudsman, Conchita Carpio Morales. This move was controversial because the Ombudsman's law does not allow for the dismissal of legislators.
The actions of previous Ombudsman Samuel Martires also raised concerns. Critics argue that he used his position to shield rather than prosecute officials, making it difficult to access their statements of assets, liabilities, and net worth (SALNs). This issue became particularly relevant during the period when former President Rodrigo Duterte faced scrutiny over his bank accounts and the lack of a signed waiver.
Executive Order and Transparency
In response to the criticism, President Duterte issued Executive Order No. 2, encouraging officials to make their SALNs available and instituting Freedom of Information as a policy. However, by 2022, the president could routinely reject FOI requests for his SALN, leading to a backlash from investigative media.
The recent revocation of the policy by the current Ombudsman, which had made it difficult to obtain copies of SALNs, marks a shift in approach. While the Ombudsman can only encourage other offices to adopt similar transparency measures, the change has sparked discussions about the balance between privacy and accountability.
Concerns About Privacy and Public Service
Executive Secretary Lucas Bersamin highlighted concerns about the potential risks of indiscriminate access to SALNs. He emphasized that Cabinet secretaries are the alter egos of the president and deserve a level of privacy and security. He pointed out that revealing personal details could put them at risk, especially if someone discovers their location or family information.
Bersamin also mentioned that transparency requirements might deter private sector individuals from entering public service, making it less appealing for those who value their privacy. However, despite these concerns, several senators and the Speaker have released their SALNs, suggesting a possible trend toward greater transparency.
The Vice President's Confusion
The Vice President's comments about the situation being "for show" and "for a motive" reflect the confusion surrounding the new rules. She noted that SALNs can be accessed even before the new policies, pointing out that her own SALN was obtained in 2019. This highlights the inconsistency in the application of transparency measures, as the previous Ombudsman had effectively blocked access to SALNs since 2020.
The ongoing discussions about transparency and accountability continue to shape the landscape of governance in the Philippines. As the country navigates these complexities, the challenge remains to strike a balance between ensuring accountability and protecting the privacy of public officials.
