A SEASON OF SHAME

My esteemed colleagues, I stand before you today, deeply saddened by the state of our nation Five days ago, millions of Filipinos were shocked by the harshness and viciousness of the police team that assaulted the provincial capitol of Iloilo I share the sentiments of millions of our kababayans who are profoundly alarmed by the violence and brutality of our very own police force What was even more appalling was the absence of remorse and the brazen display of arrogance by the acting Secretary of Justice and the acting Secretary of Interior and Local Government when they praised and commended the assault team

Adding insult to injury, the acting Secretary of Justice even claimed that the assault was all a charade and not a raid If we buy his line, the January 17 afternoon "charade" was the most elaborate we have seen so far, with 200 battle-equipped policemen involved

However, we all know that it was not a charade The Iloilo Provincial Capitol assault was another example of the Arroyo administration's widely known callousness and complete disregard for human rights It was an assault on Filipino sensibilities as well

I am disgusted at the temerity of acting Secretary Gonzales to say that it was all a charade, a game But it was not a game to millions of Filipinos who watched the horrifying television footages of policemen smashing glass doors and destroying padlocked doors in an attempt to physically remove Governor Tupas from his office, and intimidate and harass members of his family and supporters who converged in the provincial capitol to support their beleaguered Governor

It was indeed a vivid image of this administration's propensity to abuse power The excessive show of force in broad daylight and documented by television cameras only showed that this administration has an utter disrespect for the rule of law and wanting in human empathy and decency God knows to what extent the incredible tandem of acting Secretary Gonzales and acting Secretary Puno would go to help their boss stay in power

Perhaps, the acting Justice Secretary was only trying to varnish his image and hide the sordid truth in a veneer of lies Because the truth is, he has always been involved in the political harassment of Governor Tupas Even if it is not in the mandate of the DOJ to conduct administrative investigations on elected local officials, Gonzales ordered Governor Tupas and board members, Domingo Oso and Cecilia Capadosa to file their "verified comment" on the administrative complaint filed against them by Virgilio Sindico and Heptie Correa Gonzales even created a special panel of prosecutors to conduct an investigation, the original members of which have inhibited He then handpicked the members of the panel

Have we ever heard of a Secretary of Justice conducting investigations on administrative cases against local officials? Is this not the mandate of the DILG, as asserted by Acting Secretary Puno in his testimony on October 4, 2006, before your Committee on Finance Citing Administrative Order 23?

Since the time Gov. Tupas and the two board members submitted their counter affidavits and evidence to refute the trumped-up charges against them, nothing has been heard about the case But on December 4, 2006, the Ombudsman suddenly issued orders for the dismissal of Governor Tupas with the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification to hold public office The DILG hastily ordered the dismissal of Governor Tupas and the two provincial board members, and declared the position of governor vacant

Acting Secretary Gonzales was the one who announced on air from January 14 to 15, that the dismissal order against Gov. Tupas was forthcoming Later on, acting Secretary Puno confirmed that the dismissal order against Gov. Tupas would be executed by the DILG and he was sending Undersecretary Andanar to Iloilo

What is puzzling in this case was the haste at which the Ombudsman's orders were executed by the DILG and the conspicuous involvement of the acting Justice Secretary What is even more revolting is the fact that although it is not his mandate to investigate anti-graft complaints, he assumed the investigation of these cases And even more repulsive is his vigorous denial of his involvement

Under Section 60 of the Local Government Code of 1991, an elective official may be removed from office only by order of the proper court The Ombudsman has no authority to remove elective public officials. That "power to remove erring elective local officials from service is lodged exclusively with the courts" (Pablico vs Villapando, G.R. No. 147870, July 31, 2002)

In the case of Lapid vs CA et al (G.R. No. 142261 \ dated June 29, 2000) \ the Supreme Court ruled that the penalty of suspension \ a lesser penalty \ is not immediately executory pending appeal In Ombudsman vs Pendatun Laja et al ( G.R. No. 169241 \ dated May 2, 2006) \ the Supreme Court ruled that an Ombudsman order dismissing the Provincial Treasurer \ an appointive employee \ from the service is not immediately executory pending an appeal Only the courts can rule with finality on dismissal orders

We cannot help but wonder why the Ombudsman is in a hurry to dismiss officials like Governor Tupas whose fault was to delegate the release of the total amount of P85,000 to the Provincial Board Members League of the Philippines, but is turning a blind eye on big cases such as the Fertilizer Fund scam which involved the amount of P728 million, as well as, other scams involving huge amounts and prominent public officials identified with the administration How many local government officials have pending cases of more serious concern which have gathered cobwebs at the Ombudsman?

It was clearly a politically-motivated act designed to remove all the impediments to the administration's political victory at the local level

My esteemed colleagues, since the start of the campaign period is just a few weeks away, are we now seeing a preview of what lies ahead? Are we going to witness a bloodier and dirtier electoral exercise in May?

We need to find the answers to these questions It seems that there is an invisible hand that orchestrates these shameless acts We need to know where this series of disgraceful events would lead us We need to know how we can avert another disgusting event such as the Iloilo Capitol siege from happening again

Therefore, I call upon this chamber to authorize the appropriate committee to conduct an inquiry on the following issues: Does the Ombudsman have the power to dismiss and impose the penalty of dismissal and penalty of perpetual disqualification? Does the Ombudsman have the right to direct the DILG to implement its dismissal order knowing fully well that the local official has a period within which to file a motion for reconsideration or to file an appeal? Why did the PNP use the Regional Mobile Group when a crowd dispersal unit could have sufficed? Were the rules of engagement followed by the PNP team? Who directly ordered the assault?

Barely four months before the national and local elections, we are witnessing how Malacanang's political machinery is operating We are appalled by the dirty tricks it utilizes to bully its political foes

I call on you my esteemed colleagues to condemn in strongest possible terms the excessive force employed by the PNP team In this day and age, it is sad to note that the minds of the people who engineered that ignominious event are still set in prehistoric times It is a shame that on that day, the rule of the jungle prevailed, not the rule of the law

The graphic images of policemen aiming their M-16 rifles at helpless and unarmed civilians reminded us of the despicable acts committed against the civilian population during the martial law period Shades of martial law were evident in the attempt to drag the leftist groups into the issue Using the alleged presence of leftist groups on the capitol grounds to justify the siege is utterly contemptible

I am certain that the following questions hovered in the minds of our people: does the government still believe in democracy?

What was the picture we showed the world last week? Policemen with assault rifles going into a government building, destroying public properties, pushing and shoving and pointing their guns at unarmed civilians How can we claim to be peaceful and democracy-loving people when our law enforcers pushed, shoved and threatened at gun point unarmed and helpless civilians?

The policemen are supposed to be our protectors However, the disturbing images we saw on prime time TV --- the Iloilo capitol siege and the violent dispersal of demonstrators in Manila -- only led us to the conclusion that they are only protecting the interests of a few powerful people in government

Considering that the provincial capitol is not a lair for criminals, and the rules of engagement call for the deployment of a crowd dispersal unit that may use batons and truncheons, why did the PNP deploy the regional mobile group whose members are trained to kill and eliminate violent criminal elements? Clearly, there was the intention to intimidate, threaten and sow fear

Since it was a showcase of police brutality that provoke outrage and condemnation all over the country, those responsible must tender their resignation as soon as possible Specifically, we call for the resignation of acting Secretary Gonzales, acting Secretary Puno, Chief Superintendent Wilfredo Dulay and the members of the Regional Mobile Group

It is a shame that after the much-touted successful holding of the ASEAN Summit, and Malacanang's widely publicized commitment to democracy and promotion of peace and security in the ASEAN region, an ignominious event such as the Iloilo Provincial Capitol siege took place

Was it a manifestation of an inherent derision for the rule of law and disrespect for institutions by the President's men?

A month from now, we shall celebrate the 21st anniversary of the EDSA people power revolution But it is a shame that the ugly face of authoritarian rule is showing in all political spaces.

Enormously disappointed by the President's failure to keep her promise of instituting good governance

My esteemed colleagues, this is a season of shame

The spate of orders of dismissals of local government officials identified with the opposition --- Iloilo, Cavite, Nueva Ecija, Pasay, Makati --- a few months shy of the national and local elections, demonstrated a grave abuse of power Obviously, there is a deliberate attempt to silence dissenting voices in the local governments

The mysterious disappearances and deaths of activists and journalists, the violent dispersals of demonstrators, the closure of media establishments and even TV programs critical of the Arroyo administration, illustrated the latter's intolerance of its critics

We are bewildered by this administration's predilection to come up with unconstitutional policies and initiatives such as Proclamation 1017, EO 464 and the so-called Calibrated Preemptive Response (CPR) which have all been nullified and struck down by the Supreme Court

Indeed, the developments in the political arena are alarming and even frightening, for there is no reluctance on the part of Mrs. Arroyo and her allies to abuse the law

However, I would like to warn Malacanang and its minions not to test further the people's patience Our people are neither blind nor deaf Our people are politically mature and discerning They can see through your lies and deception

Therefore, I throw this challenge to the President: pray for wisdom so that you can see through the deception of the people who surround you -- and for you to get out of the quagmire of lies you have fallen into

I appeal to Mrs. Arroyo to set her sights on her place in our nation's history rather than on temporary political glory Take the high moral ground Secure an illustrious place in our nation's history by turning this season of shame into a season of honor

Today, I ask our people to be very vigilant Let us not throw caution to the wind Let us not wait for more blood to be spilled on the streets We must not be intimidated and bullied by an administration that is slowly losing its grip on reason

In these interesting times, what keeps my spirit buoyant is my faith in our people's amazing courage and uncommon valor to fight for the nation's highest interest

My esteemed colleagues, I believe in our people's innate capacity to turn a season of shame into a season of grace, a season of honor for our nation

Thank you very much Mabuhay ang Pilipinas!

Mabuhay ang Pilipino!