why enrile, estrada cannot escape public accountability
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Why Enrile, Estrada Cannot Escape Public AccountabilityTRANSCRIPT
1/11/14 Why Enrile, Estrada cannot escape public accountability
www.rappler.com/move-ph/ispeak/47744-enrile-estrada-public-accountability 1/8
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Why Enrile, Estrada cannot escape public accountability
by Joy AceronPosted on 01/11/2014 7:35 PM | Updated 01/11/2014 9:08 PM
Senators Juan Ponce Enrile and Jinggoy Estrada have already submitted theircounter-affidavits on the multi-billion pork barrel scam before the Office of the
Ombudsman.
They both denied the allegation. They both said there is no evidence pointing theanomaly directly to them. They both put the blame on the implementing agencies and
the Commission on Audit (COA).
Estrada and Enrile are both pointing to the provision in the General AppropriationsAct (GAA) that mandates the implementing agencies "to ensure that the non-
government organizations and people's organizations that they deal with arelegitimate."
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Their counter-affidavits have laid down the legal premise that shields them from being made accountable for any
irregularities involving the use of their Priority Development Assistance Fund (PDAF).
They did not deny that there were irregularities in the use of their PDAF. They were simply saying: "It is not our fault."
However such an attempt to escape public accountability is of weak foundation if we look at the institutional context of
our political system. Broadly defined, accountability in Philippine governance means that the people responsible aremade to answer and accept the consequences and sanctions that arise from their action or inaction in the exercise of the
power entrusted to them by the law and the people.
Power of Congress
How are the legislators made accountable for the use of their PDAF, given the context of our political system?
First, the Congress is ultimately responsible for law-making, including the law that covers the use of their PDAF, the
GAA.
If the provisions in the GAA have loopholes (in this case, the unclear accountability of the legislators in the use of theirPDAF), as lawmakers, they should have corrected it. Whatever the loopholes and flaws are in the law, especially since
the GAA is passed every year, the legislators are also accountable for them.
Secondly, Congress exercises oversight over the executive. Regardless if it is not provided clearly in the GAA, they are
supposed to oversee the implementation of the GAA.
The accountability of the senators who made the statement, in particular, lies in their admission that there was a problemin the implementation of the policy, yet they did not raise it prior to the Napoles scam. Instead of correcting the policy
and its implementation as part of their oversight responsibility, they used and abused the policy to facilitate the release of
their PDAF, thus paving the way for corruption to take place.
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The flaws of pork
Third, given that these were funds entrusted to them lump-sum, they already partook of an executive function andtherefore must be made to account for flaws in the allocation and use of these funds.
This was the fundamental flaw of the pork system. It blurred the boundaries between the executive and the legislature,
disrupting the check-and-balance relationship between the two branches, leading to the breakdown of accountability.
But more importantly, in the Napoles scam, we see how the different political players used and abused this perversion in
the pork system to perpetuate or protect their political interests.
In this case, the senators legislated a provision in the law (the GAA) that governed how they would use the funds they
allocated to themselves. And as expected, such a provision had a loophole that would shield them from any
responsibility in cases like the Napoles scam.
Public office as public trust
Lastly and ultimately, the senators' accountability for their PDAF lies in the Constitutional principle that "public office is a
public trust."
Given that many Filipinos continue to live below the poverty line – hardly making ends meet and in dire need of servicesfrom the government – every centavo in the public coffers counts.
These senators disregard this condition of the Filipino people by not putting upon themselves the responsibility to ensure
that the resources entrusted to them are used properly. They violate the public trust.
Worse, proudly defending such disposition with regard to the use of public funds – arguing instead that it is not their
responsibility to check on how the resources they entrusted to themselves are used – means these politicians are not
thinking of the interest of the Filipino people at all.
Senators Enrile and Estrada, you are placed in positions of power precisely to take care of our country's resources and
to use them for ends that benefit those in need. If you are not responsible for making sure our resources are used for the
common good, what are you in power for?
You are accountable for the use of your PDAF and consequently, the corruption involving it. No amount of
technicalities can shield you from being made to account for it. Not this time. – Rappler.com
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Related topics you can follow:
COA•GAA•coa•jinggoy estrada•pdaf•pork barrel•juan ponce enrile
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1/11/14 Why Enrile, Estrada cannot escape public accountability
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Almir Bagabaldo 19 minutes ago
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1 Comment
Kahit ano pang gamitin nilang panghugas ng kamay, kahit muriatic acid pa ito, hinding-hindi mawawala ang katotohanangmay responsibilidad at may pananagutan sila. E kahit ata sa mukha pa nila gamitin yan, e sa kapal naman nito, kahitkonting init ay hindi nila mararamdaman. At tatakbo pa sa 2016? Aba. Aba. Aba. (sana lang hindi ako magkadeath-wreathsa kumento kong ito)
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