I wonder as to the
great silence emerging from the Senate regarding the transgressions of Senator
Sotto, to wit: (1) plagiarizing other people's copyrighted material, (2) using
outdated material in a misleading way and out of context, (3) denying there was
anything seriously wrong with what occurred, and (4) expressing absolutely zero
remorse for the transgressions.
The Senate appears
willing to let Senator Soto get away with it.
What do the laws say
with regard to what the Senate OUGHT to be doing?
The Constitution of
the Philippines:
- Rule X. The Committees.Sec. 13. (2) Committee on Ethics and Privileges. - Seven (7) members. All matters relating to the conduct, rights, privileges, safety, dignity, integrity and reputation of the Senate and its Members.
It seems to me that
the Senate is currently the laughing stock of the Philippines due to Senator
Sotto's abuses and refusal to accept responsibility for them. Perhaps the
Senate believes its integrity is enhanced by being the butt of so many jokes.
We are all just comedians around here, eh? Clowns abound.
In 1989,
two years after adoption of the Constitution, the Legislature promulgated and
approved Republic Act 6713 which is the basic code of conduct and ethical
standards for public officials. Here are some pertinent excerpts:
- REPUBLIC ACT NO. 6713. AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES
- SECTION 4. Norms of Conduct of Public Officials and Employees. — (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:
- (b) Professionalism. — Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill.. . .
- (c) Justness and sincerity. — Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. . . .
SECTION 11. Penalties. —
(a) Any public official or employee, regardless of whether or not 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 (6) months' salary or suspension not
exceeding one (1) 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 (5) years, or a
fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion
of the court of competent jurisdiction, disqualification to hold public office.
The mechanisms are in place to address Senator
Sotto's transgressions: (1) the Committee , which is both the investigative and
judicial body, and (2) the Law. The Law is clear. Professionalism, good morals,
good customs, public interest.
Senator
Sotto does not define the law or his innocence based on what his representative
counsel states. He is an interested party. The other interested party is the
Public.
Who
represents the Public on this matter?
Why
is the Senate silent?
It
is time to move this matter past Senator Sotto and his horrendous professional
behavior and ask why the Institution that is responsible for writing laws is
inclined not to enforce them? I'm not an attorney, but it seems to me that:
- Senator Sotto broke the law by failing to refrain from doing acts contrary to good morals and good customs.
- The Senate, by not fulfilling its obligations under the Constitution, is also breaking the law.
So
here we have a fundamental reason as to why there is a wide scale collapse of
respect for and obedience to laws across the beautiful Philippine landscape.
No
discipline. No insistence on right over wrong . . . at the highest level . . .
in one of the three co-equal branches of government.
But,
hey, you don't care, Senators, I don't care!
Watching
the clowns. It's more fun in the Philippines!
