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Restitution check

By: Juan Mercado May 06,2014 - 09:22 AM

Payback speaks louder than washing of hands by thieves,” an old axiom says. Exhibit One is a P40 million restitution check given by witness Ruby Tuason to Ombudsman Conchita Carpio-Morales. Justice Secretary Leila de Lima, who crafts the pork barrel scam raps, stood as witness. All are women in a crumbling macho world.

The Ombudsman granted immunity to the former social welfare undersecretary of President Joseph Estrada. She agreed to “testify from personal knowledge” on the theft. That included personally handing cash to Sen. Jose “Jinggoy” Estrada and Sen. Juan Ponce Enrile’s chief of staff Lucilla “Gigi” Reyes, among others.

To date, six senators, 24 congressmen, their chiefs-of-staff and assorted officials face charges of swapping pork slabs for cuts ranging from 19 up to 60 percent of the allocation. Enrile is rapped for blowing P332 million on bogus nongovernment organizations (NGOs) and Ramon “Bong” Revilla P413 million. Not one offered to return a single centavo.

Tuason is the exception – so far. She is deemed “essential in determining the truth,” said Asst. Ombdusman Asyrman Rafanan. “The P40 million was admitted by Tuason herself. And the reparation amount was ‘computed by her own statement of having received 5 percent [commission ].”

Senator Jinggoy scoffed at making amends. A “weak” witness, Tuason concocted the yarn. When she visited, it was to bring “merienda.” He will prove innocence “in court.” He laughed at paying reparation for the P191 million he allegedly blew. That total was jacked up to sweep him into non-bailable plunder raps.

The issue of atonement goes back to the 7th Commandment. “Thou shall not steal” is not a suggestion. It is mandatory. Under Mosaic Law, stolen property had to be restored—plus a fifth of the value.

The tax collector Zacchaeus defined redress. “‘Lord! Here and now I give half of my possessions to the poor. And if I cheated anybody out of anything, I will pay back four times the amount.’ And Jesus said to him, ‘Today salvation has come to this house.’”

This doctrine anchored Luis Antonio Cardinal Tagle’s appeal to pork barrel scam “mastermind” Janet Lim-Napoles: “Return what is not yours and tell the truth… about all those involved.”

Quis ipsos custodiet custodes. “Who will watch the watchmen.” Auditors are constitutional watchdogs. So, how did the pork scam metastasize without a whimper from resident auditors?

Ask former Commission on Audit (COA) chief Reynaldo Villar, arrested in Parañaque City last week in connection with P366 million in Philippine Charity Sweepstakes Office scandal.

Sandiganbayan issued a plunder arrest warrant for seven others.

His mug shot was taken and, in crime beat reporters’ jargon, he “played the piano”—had his fingerprints taken. He’s the first COA head to be charged since the agency was established in May 1899 by a US president’s executive order.

President Aquino in April 2011 picked finance undersecretary Maria Gracia Pulido Tan as COA chair. An auditor with 30 years national and international experience, Tan since then pinpointed 192 solons linked to the pork scam from 2007 to 2011. Over P1.35 billiion were funneled to 26 dubious NGOs. Tainted resident auditors have been suspended.

COA went after unliquidated P4 billion IOUS, by 100 officials to National Food Authority imports that “wear the badges to fraud.” She documents a shift from padlocked pork barrels to “funneling” via local government units. COA documented cases involving Dinalupihan and Pilar towns in Bataan province and some Nueva Ecija towns. Seven senators denied they had fingers in the new cookie jar.

A speculative scenario, meanwhile, is unfolding. In the event of Sandiganbayan arrest orders, special treatment should be accorded to Enrile, Sen. Antonio Trillanes said. He’d not oppose house arrest either.

“He’s a 90-year-old man, if you put him (in an ordinary jail) his medical needs may not be met.” It will be up to the Sandiganbayan… As to other senators facing criminal raps, Trillanes said it should be ensured their treatment takes into account they’ve been elected.

This mindset for five-star jail accomodations infuriates Sen. Miriam Santiago. Same jail for powerful and indigents. Why didn’t they legislate for better prisons? But one thing is clear:

Fear in crooks today is being instilled by women: Ombudsman Carpio Morales, COA’s Pulido Tan, Justice Secretary De Lima, Bureau of Internal Revenue’s Kim Henares—and before then Presidential Commission on Good Government’s Haydee Yorac to Corazon Aquino. Tiene cojones, is the irreverent josh. “They have balls.”

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