BEFORE it disappears into the mists of history, we must hail the Sandiganbayan’s decision earlier this year to dismiss the charges of the Ombudsman and current officers of the Development Bank of the Philippines (DBP) against businessman Roberto Ongpin and former DBP officials as a contribution to the cause of Philippine development.
We hold no brief for Ongpin, but we, like him, have been strengthened in our belief that our country’s judicial system is just after the Sandiganbayan found the accusations against him to be without basis. That system is nobody’s tool, especially in exacting revenge.
The facts of the case show that Ongpin was granted a P660-million loan by the DBP. He used the loan to buy the Philex Mining Corp. shares held by the DBP, which he subsequently sold. He repaid the loan ahead of maturity, with the stipulated interest. As a result, the DBP earned an amount said to be one of the highest it has ever gotten from a single transaction.
One does not need a doctorate in political science to see that the charges, for what they were worth, were erroneous. The charges held that: 1) the loan applicant is responsible for the approval of his application; and 2) showed a preference for red tape and bureaucratic inefficiency to take precedence in earning a positive income for the bank.
The first count is obviously wrong, for the reason that it is the approving authority that is responsible for the approval, not the applicant. On the second count, it is true that the DBP is governed by administrative rules, but these cannot be so important as to override any effort of the bank to earn a return for itself.
Under normal circumstances, the DBP officials who approved the loan would have been highly commended for doing a fantastic job. They were not. Instead, they were vilified. That DBP lawyer who committed suicide because of the case was believed by many to have been innocent. Ongpin can take care of himself, but what about these public officials who may not have the resources to pursue costly litigations?
Public officers, we are told, must be held accountable for their actions. But in this situation, this seems not to be the case. To quote the Sandiganbayan’s decision: “This case should have been dismissed at the preliminary investigation stage. Pressures of public opinion, however, dictate that, in order to avoid the brunt and pain of criticism, it would be most convenient to pass unto the Court the responsibility to dismiss these cases.” The Office of the Ombudsman apparently does not even have the character to bear the burden of its conclusions.
Where can abused citizens go for redress? Let the authorities answer that.
Stability is one of the important features that a country’s political economy should have to encourage businesspeople to put their money into it. The Sandiganbayan’s dismissal of the charges against Ongpin contributes to the attainment of that stability.
Image credits: Jimbo Albano