Disallowing Public Prosecutors from Receiving LGU Allowance is a Hypocrisy

The worst form of corruption is hypocrisy, it is when policy makers and department leaders enforce policies which are self righteous that destroys the very morale of the men and women he/she leads.

During the 15th IBP National Convention held in Cebu City, our Justice Secretary announced that she will prohibit our public prosecutors from receiving allowances given by local government units. This may sound noble to the citizenry as the reason is anchored on her perception that the receipt of allowances by our prosecutors will affect their objectivity in handling cases, but this is malicious, for it assumes a fact not in evidence that our prosecutors are so morally weak that they cannot perform their quasi-judicial functions objectively and independently.

The Justice Secretary has made our prosecutors the center of the issue but let me then present the uncontestable facts. Is our Secretary aware that the Prosecutors Office in the country receives support from the local government units not only in the form of allowances to our prosecutors but also to numerous support? Aside from personnel from the LGUs detailed to the prosecutor’s office, fuel allowance and office supplies has been the case for decades since the inception of the prosecutors then called fiscals from the time the Americans established our present criminal justice system in 1902?

There is no need for me to defend the practicality and necessity of giving allowances to our prosecutors from the local government units but let me assure you that this has not in any way affect the probity and integrity of our prosecutors, but why are we focusing the issue of allowances to our Prosecutors? Why cannot we also aim our focus to our Secretary? Let me just ask a question, who provided for the airfare of our Secretary in attending the 15th National Convention? Let me add you, just like many cabinet members they often travel with staff as they never travel alone, they even have a personnel to carry their own bag, a contrast to what Pope Francis did when he visited Philippines as he carried his own bag.

Our Secretary could afford to say this to our Prosecutors but how about her? How many sets of honorarium she receives as ex officio member of GOCC (government owned and controlled corporations)? How about the constitutionally mandated office the Secretary of Justice is an ex officio member for it also provides allowances? How much is allocated for her in the department’s Billions of Pesos General Appropriations Act?

Our Secretary has no sense of esprit de corps, she does not know, maybe she knows but she just do not realize it, that our Cebu City Prosecutors have to travel kilometers from its office in the Palace of Justice to a rented building in city’s pier area?

If she believes that receiving allowances would affect a prosecutor’s independence then she should be the first to do it. Why cannot she also impose upon herself of not receiving allowances from her own office? She should also pay her own airfare for her travels here and abroad, buy her own fuel and all daily expenses for is this what our Public Prosecutors are doing?

Our Public Prosecutors are spending their very salaries to their everyday work related affairs. They spend for their fuel, their travelling fares, food, phone calls to their police witnesses, I bet our Secretary’s phone bills is paid by the Department of Justice?

Cabinet officials have the luxury of imposing stupid policies to its subordinates because these only apply to the latter but not on them. The adage that goes: “Do as say, not as I do” has been the favorite and psychological comfort of bad leaders.

Let me close this article with this question, How come our Secretary up to now has not recalled the very pro drug syndicate circular she issued that amended the automatic review of dismissed drug cases by our Regional State Prosecutors? Up to now, I could not fathom the wisdom of releasing from custody of respondents of drug cases under review?

In the same way, what is the wisdom of tinkering and sabotaging of a custom and tradition in our criminal justice system of making public prosecutors and the local government units partners in the dispensation of justice?

Let me offer an answer. this happens when one thinks and believes that all men are all corrupt except him/her, thus this results to the the highest form of corruption.

About the Author: Clarence Paul V. Oaminal is a lawyer and author of ‘The Textbook on The Comprehensive Dangerous Drugs Act of 2002’. He is the Vice-chairman and Undersecretary of the Dangerous Drugs Board and is the current adviser and presiding officer of Cebu City Anti-Drug Abuse Council. He also hosts the local advocacy program ‘Krimen ug Drugas’ in CCTN Channel 47.