A public trust

We are all grateful for the in memoriam presentations these past two days reliving the highlights of the public life of the inimitable Miriam Defensor Santiago. Millenials and Gen-X pinoys know her as the Hugot guru and Jedi Master of pickup lines, delivered deadpan. Personally, I am proud that my 16-year-old son got to know her in that other persona – Miriam the warrior, the conscience, the statesman.

Much has been written about the tough talking Senator straddling the trias politicas ( one of a handful who have served at the highest levels in the three departments of government. Top of mind in this category is Associate Justice Arturo

Brion, a former Assemblyman and Secretary of Labor). She performed extraordinarily in all three capacities – as CFI Judge, she was the first to rule against Martial Law during Martial Law; as Commissioner of Immigration and Deportation she was conferred the Ramon Magsaysay Award for Government Service. But it was as a Senator of the Republic that she left an indelible imprint in the consciousness of generations of Filipinos.

Miriam Defensor-Santiago became a brand. Her withering scrutiny on the Senate floor was a quality assurance that nothing or no one unclean or undeserving would get through – not on her watch. With all the legislation credited to her – and this is not insubstantial, her greatest contribution as a Senator may very well be the legislations that never were because of her.

Like other fiscalizers and reform crusaders that came before, she spoke for those who didn’t have the words and stood for those who had no strength. We loved her because we truly believed in her. And, each time, she rewarded our faith with a passion for service unlike any we have seen. As one of the millions who unfailingly entrusted his vote to the Senator from Iloilo and Quezon City, I am honored to say thank you Ma’m.

Manong’s list. This week we marked the 100th day of the death of my father, Senator Ernesto “Manong” M. Maceda. Next week, it is the Administration’s turn to reach the 100 day milestone. On this occasion, in the tradition of Manong who, together with his nose for sniffing out anomalies in government, had an eye for recognizing inspirational public servants, we present our honor roll (partial) of the Duterte Administration.

1. Chief Justice Ma. Lourdes P.A. Sereno. The Chief Justice, as if running out of glass ceilings to break, asserted the Judiciary’s independence in the face of the President’s 1st narco list expose (which included several judges). She could have remained silent or confronted the issue when it reached the courts. In her case, hands raised took on another meaning – not surrender but stop. When history looks back at this period of infancy of the Duterte Administration, I’m sure that her Dear Rody letter would figure as one of the defining moments of Checks and Balances and a prime example of righteous courage.

2. PNP Director General Ronald Dela Rosa. Hands down, the charismatic General Bato is the administration’s MVP. We find ourselves laughing, crying, even dancing with him. Arguably, the controversial methods of the crackdown on illegal drugs would be even more problematic were it not for his amiable mug.

3. Budget Secretary Benjamin Diokno. Sec. Ben is one of the elder statesmen of the Cabinet who serves as valium for anxious nerves. Even when acting as spin doctor, which a host of Cabinet Secretaries have been reduced to lately, he is convincing with his explanations e.g. on the peso devaluation (don’t blame “the mouth”, blame the strengthening of the dollar everywhere). His impartiality is evident even as counterpoint to fellow President’s men as when he publicly admitted the merit in the mining industry’s grievances.

4. DepEd Secretary Leonor Briones. The other heavyweight of the Cabinet, Sec. Liling would be on everyone’s list of top performers just by being herself. With her as DepEd chief, it appears that the voices of the usually recalcitrant public school teachers sector have been stayed; the doubts in the K-12 implementation have been largely dispelled. Sec. Liling also has no problem tackling the uncomfortable cause as when she pushes for an intensified sex education drive in schools.

5. Presidential Spokesman Ernesto Abella. The unassuming demeanor of this former Pastor – calm, dignified, gentlemanly – actually reminds us of another Davao personality, one Rodrigo Roa Duterte when not speaking of his American and European friends. The reassuring presence of Sec. Abella is a departure from previous position holders who seemed to mouth more of their own convictions than those of their principal.

Preventive suspension. On deck at the House is the proposal of Speaker Pantaleon Alvarez to amend the Anti-Graft law. The amendment would exempt a public official from preventive suspension by the Sandiganbayan for offenses committed while he was holding a different public office.

On its face, this House Bill 3605 would be subject of an interesting policy debate. A preventive suspension of an official while his case is pending trial is not itself a penalty. The ratio behind it is this: if the accused official is permitted to remain in office pending trial, his access to files and his exercise of authority over colleagues may tempt him to influence witnesses or tamper with records.

The intention is meritorious. In actual practice, however, the interminable criminal process often results in preventive suspensions being handed down when the accused are already holding different government positions. As a result, officials are suspended for up to three months, depriving constituencies of representation or resulting in abhorred gaps in the delivery of service.

The issue, therefore, is insulation of criminal process vs. right to be represented. There should be no fundamental disagreement, specially when we are reminded of the intent behind preventive suspension. Once you are transferred out of the old office, you can no longer influence the process. In theory.

In reality, you still wield influence. In fact, if elected member of Congress, you can even file a bill to make sure that you don’t get preventively suspended. Like House Bill 3605, conceived in the House caucus on the impending preventive suspension of Reps. Luis Villafuerte Jr. and Amado Espino Jr.