THE Senate Blue Ribbon Committee has barely scratched the surface in its probe on the dreadful multibillion-peso anti-dengue drug scandal and, by all indications, it will uncover more scams involving former President Benigno S. Aquino III and other key officials in the health department.
The committee, however, is just tasked, in aid of legislation, to investigate wrongdoings of government officials and attached agencies, including government-owned and -controlled corporations, and suggest new laws and propose amendments to existing laws.
Or, as part of its oversight function, may recommend to proper authorities the prosecution of people involved in graft, plunder and other scams.
The primary task of determining criminal and civil liabilities are with the state’s Executive and Judicial branches, as well as the constitutional commissions.
Strangely, the four constitutional bodies tasked to strictly observe and enforce the Code of Ethical Standard for Public Officials and Employees (Republic Act 6713), which was approved on February 20, 1989, by then-President Corazon C. Aquino, have not shown even just a whimper of concern for the protection of the victims.
The four are the Office of the Ombudsman, the Commission on Audit (COA), the Civil Service Commission (CSC) and the Commission on Human Rights (CHR).
Specifically, the Ombudsman can investigate and prosecute on its own anti-graft and corrupt practices acts, plunder and other fraud committed by officials in the government, both elected and appointed; the COA is meant to protect and account public funds; the CSC is ordained to ensure that only qualified officials and employees are to serve the government with utmost ethical standard; and the CHR to protect the rights of children, among others.
Is it because these constitutional agencies are staffed with “yellowtards” and the people mostly involved belonged to this group?
The Code said: “Public officials and employees shall, at all times, be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence and loyalty, act with patriotism and justice, lead modest lives and uphold public interest over personal interest.”
Section 11, of the Code, also said:
“[a] Any public official or employee, regardless of whether he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act shall be punished with a fine not exceeding the equivalent of six months’ salary or suspension not exceeding one year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency.
“If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five years, or a fine not exceeding P5,000, or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office.
“[b] Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him.
“[c] Private individuals who participate in conspiracy as coprincipals, accomplices or accessories, with public officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the public officials or employees and shall be tried jointly with them.
“[d] The official or employee concerned may bring an action against any person who obtains or uses a report for any purpose prohibited by Section 8(d) of this Act. The court, in which such action is brought, may assess against such person a penalty in any amount not to exceed P25,000. If another sanction hereunder or under any other law is heavier, the latter shall apply.”
In the minds of many people now, is this: Who will now answer for the physical and psychological violence inflicted on the 830,000 grade schoolers, their parents and the 15,000 or more policemen who were injected with this high-risk experimental anti-dengue drug Dengvaxia? By the way, isn’t this a case also for the International Court of Justice in The Hague?
Undoubtedly, whatever is the result of the investigation of this shocking and despicable act of humanity will be on the conscience of those who committed it and for sure, it will hound them forever.
To reach the writer, e-mail cecilio.arillo@gmail.com.