Author Archives: Beatriz Paterno

A Role for the Courts in Limiting Philippine Political Dynasties

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In an earlier post I wrote about Philippine political dynasties, I argued for the adoption of an anti-dynasty law that would bring into effect Article II, Section 26 of the 1987 Philippine Constitution, which states that “[t]he State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.” Since the Philippines gained its independence, political dynasties have dominated national and local government—70% of the last Congress, for example, belonged to a political dynasty. Because these families have maintained an effective oligarchy over the country for decades, they can easily abuse their discretion and commit corrupt acts without consequence.

While the Framers of the 1987 Constitution recognized the danger these elite families posed to fair governance and their propensity to engage in corruption, the Supreme Court has found that the constitutional ban on dynasties is not a self-executing provision. In May 2014, for the first time in history, an anti-dynasty bill made it out of committee and was sponsored before the House plenary. In his final State of the Nation Address, President Noynoy Aquino urged Congress to finally pass an anti-dynasty law. Politicians in Congress, however, have since blocked efforts to pass such a law. By October 2015, the Senate President publicly announced that no anti-dynasty law would be approved before the May 2016 election. Despite my hope that the recent bill would result in a new law at last, this outcome is not surprising. Political dynasties have controlled the majority of Congress for decades, and numerous politicians seeking office in this year’s election would have been prohibited from running if the law had passed.

Now the results of the May election are in, it looks as though Congress will continue to be dominated by dynastic politicians. President-elect Rodrigo Duterte’s stance on political dynasties is currently unclear, although he himself belongs to a political dynasty. Given this, legislative action may simply be out of reach for the time being. One interesting question is whether the courts could intervene to bring the constitutional ban into effect. Doing so would be a radical departure from past practice, and would require rethinking certain core judicial doctrines, but might be nonetheless be legitimate under the circumstances. Continue reading →

What Does Rodrigo Duterte’s Victory Say About the Philippines’ Experience with Corruption?

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Last week, the Philippines elected the highly controversial Davao City Mayor Rodrigo Duterte as President of the Philippines. Duterte, who has built up a reputation as a political outsider who will challenge the traditional elite, had been the front-runner for several months, and on May 9th swept his competition with nearly twice as many votes as his closest competitors. In a previous post, I described Duterte’s zero-tolerance approach toward fighting corruption. Unlike his predecessor, President Noynoy Aquino, who himself ran on an anticorruption platform, Duterte has advocated for policies based in discipline and violence. He has threatened to bring back the death penalty for the crime of plunder or even to kill violators himself. (Indeed, Duterte has already admitted to killing criminals in the past). Duterte and his supporters acknowledge that his approach disregards due process and rule of law, which they argue is necessary because of how widespread corruption has become in Philippine government.

Since my last post, Duterte’s notoriety has only grown. In mid-April, Duterte became the subject of international scrutiny when footage from a campaign rally was released that showed him joking about the gang rape of Australian missionary. The real tragedy, Duterte said, was that he had not gotten to the beautiful woman first. His remarks drew criticism from his opponents and the Australian ambassador, and some expressed concern that Duterte’s brazen attitude would threaten relationships with foreign nations. A recent sketch by John Oliver detailed these horrifying remarks, as well as Duterte’s homophobic and bizarre comments while officiating at a mass wedding, when he publicly offered himself as a gift to all of the brides present.

Remarkably, and to the shock of most other countries, Duterte succeeded despite scandal and protest, and in a couple months he will assume office as the next President of the Philippines. What does his victory reveal about the Philippines’ experience with corruption? In the wake of what I view as an extremely troubling electoral result, here are some initial thoughts:

 

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Lasting Legacies: Marcos’ Denial Feeds into a Culture of Corruption

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In the past several months, Philippine Vice Presidential hopeful Senator Ferdinand “Bongbong” Marcos Jr. has faced a great deal of criticism for refusing to recognize and apologize for the acts of his father, Ferdinand Marcos, Sr., who, in addition to committing numerous human rights abuses against Philippine citizens during his 20-year reign as dictator, amassed an estimated $10 billion in ill-gotten wealth for himself and his cronies. Although some assets were seized after the People Power Revolution ended the Marcos regime, the Marcoses and their cronies held on to a great deal of ill-gotten wealth. (Indeed, when the new government was installed, it created an entire agency, the Presidential Commission on Good Government (PCGG), dedicated to recovering those assets.) In the eyes of many Filipinos, the Marcos name represents an era that saw billions stolen from the people, a fact illustrated by the PCGG’s recent decision to use a virtual exhibit of extravagant jewelry belonging to former first lady Imelda Marcos as an anticorruption campaign. Called the “Story of Extravagance,” it features a diamond tiara in platinum, a ruby tiara in silver, and numerous other jewels, along with descriptions of how the costs of each item could have been used to fund education, energy projects, and health initiatives.

The controversy over Bongbong’s refusal to apologize for this and other unsavory aspects of his father’s regime (including systematic human rights abuses) began last August, when the younger Marcos first asked what he should have to say sorry for, while highlighting the economic progress made during his father’s time in power. Since then, Bongbong has continued to insist that he has no need to apologize, even as criticism of his stance intensified in February, when the country celebrated the 30th anniversary of the People Power Revolution. The controversy has been further inflamed by revelations in the Panama Papers that Bongbong’s sister, Governor Imee Marcos, and her three sons were among those linked with offshore accounts. The Marcoses have so far issued no statement on the matter. In fact, not even a week after these revelations, Bongbong reiterated his stance that he has no reason to apologize for his family.

Others on this blog have discussed whether younger generations must take responsibility for the corrupt actions of their parents (see here for Courtney’s discussion of Peru’s Keiko Fujimori). In the case of Bongbong Marcos, and of the younger generation of Marcoses generally, the interesting and troubling reality is that their political careers will likely survive their outright refusal to acknowledge the corrupt acts of Ferdinand Marcos, Sr. This frustrating truth speaks volumes about the culture of impunity that plagues Philippine politics, and has troubling implications for the broader anticorruption fight.

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Violence Is Not the Answer: The Case Against Rodrigo Duterte

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The life of Rodrigo Duterte, mayor of Davao City in the southern Philippines, reads more like that of a mob boss than a mayor. The National Bureau of Investigation (NBI) has investigated Duterte for his alleged links to a vigilante group called the Davao Death Squad (ties he later admitted), as well as threats made to kill village chiefs who did not support his government programs. He has expressed his support for extrajudicial killings as a means to fight corruption and crime. And in case you don’t think he’s serious, suspects have turned up dead after Duterte issued an ultimatum to all drug dealers to either leave his city within 48 hours or be killed. The man is rumored to have pushed a drug dealer out of a moving helicopter, and has openly stated that he would like to kill all criminals himself and throw them into Manila Bay. The most terrifying thing about him? He’s running for President, and he’s winning.

Duterte’s success can be explained by a number of factors, but one of the most troubling reasons for his popularity is that Filipinos have become so disillusioned by corruption in politics that they’ve become attracted to dangerous, zero tolerance policies. Duterte has stated that he would like to bring back the death penalty for the crime of plunder, and while he back-pedaled on his support for extrajudicial killings in the last presidential debate, Duterte still admits to having killed in the past, with a new ominous and unclear caveat: “It’s always bloody, but I never said extrajudicial.”

The popularity of these extreme policies reflects how frustrated citizens are with corruption in the Philippines. Corruption is incredibly widespread, and plagues the country’s politics, courts, and police forces at the local and national levels. Many voters view Duterte’s approach as necessary to combat this immense problem, which persists despite years of promises from many so-called anticorruption candidates.

While I understand this frustration with Philippine corruption, Duterte’s zero-tolerance approach is short-sighted, misguided, and incredibly dangerous. As voters prepare for the election next month, they should consider the troubling implications of Duterte’s violent approach to the fight against corruption.

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Can Religion Reform Cultures of Corruption? Lessons from the Philippine Catholic Church

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During his visit to the Philippines earlier this year, Pope Francis called on the Philippine government to put an end to corruption in the country, and challenged citizens “at all levels of society, to reject every form of corruption which diverts resources from the poor.” While the Pope’s admonishment may seem like mere rhetoric to some, his call to action may have more significant political implications in a country where nearly 83% of the population identifies as Catholic, and where the Church plays a major institutional role in the nation’s culture and government.

In his 2010 piece “’Good News’ in the Fight Against Corruption,” and more recently in a June 2014 working paper on systemic corruption, Professor Roberto Laver highlighted the role religion plays as a cultural force in society, which in turn may impact how societies respond to corruption in government. Religion can affect ethical behavior in obvious ways, but it can also affect how public power and authority are arranged within society. Professor Laver argued that religion, which is often overlooked as a resource for anticorruption efforts, should be used as an “entry point” for a “second generation of reforms” to battle entrenched cultures of corruption.

Assuming Professor Laver is correct that religious institutions are not playing a large enough role in anticorruption efforts worldwide, the Philippine Catholic Church may be an exception to that rule. The Church has been at the center of numerous political debates for decades, and, if the Pope’s speech earlier this year is any indication, it will continue to play a major role in issues involving development, poverty, and corruption. The Philippine example highlights the essential role an institution like the Catholic Church can play in addressing systemic corruption. And by the same token, it demonstrates the costs that come with entrusting that power to religious institutions and leaders.

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Conflicting Philippine Identities and the Fight Against Corruption

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In his book, From Third to First World, Lee Kuan Yew remarked that the Philippines has two societies, and that the “elite mestizos had the same detached attitude to the native peasants as the mestizos in their haciendas in Latin America had toward their peons.” While this analogy may be extreme, there’s hardly any denying that reforms and economic progress have done little to alleviate the socio-economic disparities entrenched in Philippine society. Even today, Philippine identity looks vastly different for the rich than it does for the poor—in terms of heritage, cultural attitudes, daily experiences, and values. In short, the class divisions that Singapore’s great leader alluded to still exist today, and contribute to a sense of alienation among the two so-called “societies” within Philippine culture.

How does this division play out when it comes to governance, and, for our purposes, anticorruption efforts? Alienation on both sides of the economic divide, and the inability of Filipinos of different classes to relate to one another, have had deleterious effects on progress in this field, and it is important that Philippine policymakers take into account the limits imposed by socioeconomic disparities when considering possible strategies to tackle corruption.

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Facebook Fever is Not Enough: The Role of Social Media in the Philippines

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The Philippines, long mired in corruption, appears to have made progress on this front in recent years. While the current administration’s anticorruption efforts may have contributed to this progress, some commentators have suggested that social media might actually be playing a bigger role in the decline of graft in the country. Indeed, there are some dramatic examples of social media playing a role in the fight against corruption. For instance, as details of a major scheme involving misappropriation of public money began to surface in 2013, social media platforms exploded with photos and videos pulled from the Instagram and Facebook account of Jeane Napoles, whose mother, Janet, had orchestrated the scheme. Filipinos were shocked and appalled by all that ill-gotten wealth could buy—private planes, expensive handbags, multi-million dollar apartments, and even a new car detailed with an Hermes leather exterior (yes, exterior). Even after these accounts were taken down, photos of the Napoles’ lavish lifestyle continued to circulate. These images made people far more aggressive in condemning the actions of those involved, and even inspired the Million People March, when protestors called for complete elimination of the fund used in the scheme. More recently, Facebook posts about sightings of the younger Napoles helped the media to discover that Jeane, who fled the country in 2013, had in fact returned. She has since been charged with tax evasion.

This is encouraging, and no doubt social media platforms can be useful in the fight against corruption. Nonetheless, I’m cautious about overstating the long-term impact that social media might have on corruption in the Philippines. After all, the Philippines has had an active free press for decades, and past administrations have frequently been challenged by civilian participation and condemnation of corrupt practices. Can we really rely on social media to effect lasting change? Continue reading →

Cells for Suites: Why Corruption in Prison Matters, and What To Do About It

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In the latest chapter of Philippine corruption drama, a police raid of a large prison complex revealed the lavish accommodations enjoyed by several drug lords. The luxury cells included jacuzzis, strip bars, and marble-tiled bathrooms. Police also uncovered methamphetamines, inflatable sex dolls, and a small concert stage, complete with strobe lights and a disco ball. The prisoners involved were found with over $40,000 each in their pockets, which they had kept on hand in order to pay off prison officials. It is incredible that such a blatant abuse of the system took place under the watch of government officials. As one anticorruption advocate noted, the scandal highlighted the frustrating truth that, due to widespread corruption in the prison system, even a conviction does not guarantee that justice has been done.

The Philippine example may be extreme, but the issue of prison corruption is an important one, and it receives far less attention from the anticorruption community than it should. To be sure, there have been a few studies about this topic, including the U4 Issue Report on Detention and Corrections, released in January 2015. But the U4 Report, while helpful in some ways, contains only broad, general assessments about the possible causes of corruption among prison officials. Moreover, the report considered the issue of prison corruption in isolation—it focused only on the effects of such corruption on the prison itself, without addressing the effects on the broader fight against corruption in society at large. While prosecutorial efforts and institutional reforms are crucial to anticorruption efforts, it is also extremely important that prison officials act in accordance with the law, and ensure that justice is, in fact, done. Continue reading →

It’s Time to Stop Branding Public Works in the Philippines

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In a post a few months ago, Matthew noted some challenges involved with education initiatives in the Philippines, where income disparities played a significant role in the success of an anti-vote-buying campaign. In particular, poor Filipinos perceived one campaign as condescending or insulting, and believed that the middle- and upper-class individuals behind those campaigns demonstrated a lack of respect in their approach to voter education. The issue goes much deeper than a single poorly-executed education campaign. Even popular anticorruption movements—such as the one that ousted President Joseph Estrada in 2001—were divided along class lines. Poorer Filipinos celebrated (and continue to regard) Estrada as a champion of the poor, while middle- and upper-class Filipinos demanded his resignation following allegations of plunder.

This tension between socioeconomic classes affects countless issues tied to Philippine corruption—from how Filipinos view their politicians, to how they define corruption at all. In his post, Matthew noted one such definitional problem–whether a politician helping constituents to pay for expenses associated with events like funerals or weddings can be classified as “vote buying”–but there are many other similar socioeconomic disparities in the perception of such interactions. It seems that members of different socioeconomic classes expect different things from their local, provincial, and national governments and politicians. To many of those facing extreme poverty, receiving a free birthday cake each year, or having government officials pay for a funeral, are not acts of impropriety, but rather are demonstrations of goodwill and a concern for wellbeing—values which they admire in political candidates.

But the conceptual problem is not simply borne of economic disparity. In many ways, politicians exacerbate these problems by “branding” public acts as their own personal contributions to society, rather than as official acts of their office. A simple drive around any Philippine province demonstrates the extent of this problem. Countless bridges, banners, buses, public housing units, food, disaster relief goods, and even announcements of recent public school graduates prominently feature the names and photographs of politicians. These purposeful efforts to put ones personal stamp on government works are insidious and must be eradicated from Philippine politics.

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The Philippines Must Break the Power of Political Dynasties

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Democratic systems are no strangers to political dynasties. In the United States, some well-known families have been in politics for generations—the Kennedys held an impressive 64-year streak in Congress until 2011 (and staged a comeback only two years later), and earlier this month George P. Bush won the race for Texas Land Commissioner, carrying on the political legacy of his father Jeb Bush, his uncle George W. Bush, and his grandfather George H.W. Bush. Although the idea of political royalty inheriting power seems to cut against equal opportunity, members of such families have been revered throughout history. But political dynasties present a much greater threat to democracy when they control a majority of power in the country. In the Philippines, one study estimated that political dynasties comprised up to 70% of the last Philippine Congress (compared to 6% of the last U.S. Congress). During the last election, one notorious political clan had 80 members running for office. Indeed, Philippine political clans have evolved into the most efficient (and at times, deadly) means of monopolizing power. Various members of the same family often cycle through the same congressional, gubernatorial, and mayoral seats in their home province, and it’s not unusual to see an electoral race pitting two members of the same family against each other. In many ways, the dynastic culture of politics has removed meaningful choice from the voters, and exacerbated the pervasiveness of corruption in government.

A possible solution is before the Philippine Congress right now—the Anti-Political Dynasty Bill. This bill would prohibit any spouse or first-degree relation (including parents, siblings, and children) of an incumbent elected official from seeking elected office. Although individuals may run once their relative’s term is up, they may not immediately succeed that relative in the same elected office. (The bill would have a enormous effect on the upcoming 2016 elections—Vice President Jejomar Binay, who has already announced his candidacy, and whose daughter’s term in the Senate runs until 2019, would be precluded from running for President.) At first blush, the bill may seem antidemocratic, as it (temporarily) suspends the rights of many individuals to seek elected office. Still, in the Philippines, where the concentration of political power has bred such a strong culture of corruption, certain rights may need to be sacrificed. It is a drastic problem in need of a drastic solution.

There are several reasons why Congress should pass this bill and limit the influence of political families: Continue reading →