The rule of law

October 17, 2007  --  Got something to say?
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Ousted President Estradas conviction for plunder last month was a landmark event in contemporary Philippine political history. It sends a loud and clear message not only across the Philippines but across the world that the law applies to all. Will it?

President Gloria Macapagal Arroyo, whose administration is currently embroiled in controversies arising out of several deals, says the conviction of Estrada is proof that the rule of law prevails in the Philippines.

While many Filipinos view the Sandiganbayans decision on Estrada as a triumph of justice, they are also watching if the same rule of law would apply to everybody, including President Arroyo and her administration. They do not want a double standard of justice, one for the perceived enemies of the government and another for those who are still in power or close to the powers that be.

Estrada, then the highest official of the land, was only arrested, tried and convicted after he was deposed by People Power 2. The people just got fed up with his attempts to cover up for his misdeeds during the Senate investigation about corruption in his administration.

Now the question is when will the high officials or former officials of the present administration who have been implicated in Senate hearings in graft and corruption cases be charged and arrested? Why are they still free? If the rule of law indeed prevails, when will the likes of Joc Joc Bolante and former Secretary Nani Perez and others be arrested and prosecuted? Will it require another people power in order for the rule of law to be applied to all, including those who are in power?
The Filipinos and the world are watching if the current Senate investigation of the highly overpriced $328 million NBN-ZTE contract and the bribery attempts that followed, would result in indictments of high officials. They are watching if those involved in the attempt to ram through the approval of the contract or who offered bribes will be brought to the bar of justice.

Malacanang hopes that with the cancellation of the contract, the Senate will stop its inquiry. But the Senate is in no mood to do so. There are fears that if the investigation continues, top officials of the government and maybe even President Arroyo herself would be held liable. If the Senate provides irrefutable evidence to prosecute the parties involved in this case, who will file the charges? Who will order their arrest? Who will prosecute the case?

The truth is that the rule of law, at least in the Philippines, is only applicable to those who are no longer in power. The law can only be applied, as in the Estrada case, if the people first throws them out of power.

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