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PLUNDER
WATCH
Where Do We
Go From Here?
By the
Convenors, Plunder Watch
THE RECENT
Supreme Court decision upholding the constitutionality of the
Plunder Law gives the green light to the continuation of the trial
of Estrada for plunder and his continued detention albeit under
“hospital arrest.” Although the defense may still file a motion
for reconsideration, chances are almost nil that such MR will
prosper since there is the presumption of constitutionality of
a law unless proven otherwise and the SC justices voted with a
clear majority.
This latest twist in the long-drawn out fight to render just punishment
to deposed Pres. Estrada for his numerous crimes is, without a
doubt, a victory for the people.
It is the product of the vigilance of Plunder Watch, the militancy
of Bayan and many people’s organizations, and the support of numerous
sympathizers and allies. We also acknowledge the diligence and
hard work of the Prosecution, especially the private prosecutors.
Of course we recognize the good sense of the Supreme Court justices
who prevailed in this instance. It is said that apart from carefully
weighing the merits of Estrada’s motion, the justices took into
account as well the implications of their decision in the face
of continuing political crisis and instability.
Given the weight of evidence against ousted President Estrada,
can we now say with confidence that the logical outcome of this
trial will be his conviction and punishment? No, unfortunately
not. The road ahead promises to be a long, bumpy and tortuous
one before we even begin to see the end of it.
Why do we say this?
Firstly, the character of the Philippine judicial system is such
that the wheels of justice grind exceedingly slow. Especially
so when the stakes are high, the accused are big fish, and the
lawyers are big-time (ergo they can find or invent legal fine
print to prolong or accelerate the process as it suits their client).
Moreover, the justices trying highly controversial cases such
as this are subject to all kinds of inducements as well as pressures
to delay or derail the progress of the trial.
Second, the Estrada faction of the elite, although “down” should
certainly not be considered as “out”. Pwersa ng Masa Senators
Lacson, Angara, Honasan and Loi Estrada are in power although
in the Opposition. There are still a significant number of pro-Estrada
congressman, governors, and mayors down the line. Although each
of them is trying to find ways of entering into some kind of modus
vivendi with the current government, many remain Estrada loyalists.
They can easily be galvanized once the Erap camp makes a new bid
for dominance. Watch as 2004 election approaches. Let’s not
forget that the Estrada ill-gotten wealth estimated to be at least
4 billion pesos has not been recovered; the cronies have even
more stashed away. Moreover, there remains a sizeable number of
Estrada loyalists among the poor who are kept ignorant of his
crimes and who are manipulated to attend rallies and demonstrations
in his favor.
Third, President Gloria Macapagal-Arroyo no longer considers the
pursuit of justice against deposed Pres. Estrada a priority.
All signals from Malacañang point to a willingness to accommodate
the Estrada camp. Were it not for strong public opinion against
allowing Estrada to be placed under house arrest, or to go abroad
for medical treatment, or to be allowed to attend all sorts of
social functions, Estrada would be given even more special treatment
than he is already getting now. And without a peep from Malacañang.
Mrs. Arroyo, this early, is trying to woo the pro-Erap votes for
her reelection bid in 2004 while keeping their restiveness under
control through dole-outs, promises and being nice to their idol,
Estrada.
Fourth, everyday our people are confronted with the growing problem
of survival as the economic situation deteriorates. Add to this
is the scourge of militarization and political repression as different
sectors’ grievances and demands are left unheeded and instead
met with police and military actions. The Arroyo government blindly
follows the US-led drumbeat of “globalization” and “war versus
terrorism” oblivious to the immediate and long-term dangers to
both to the country and our people. Indeed many, more pressing
and certainly more life-threatening issues threaten to engulf
us. No wonder that the sense of urgency and the agitation for
justice vs Mr. Estrada even among our organized sectors is beginning
to dim.
Fifth, media interest and focus on the Estrada trial will be difficult
to sustain. The presentation of witnesses and other evidence
is moving at a snail‘s pace, is boring even for the lawyers and
lacking in the dramatic twists and turns of the impeachment trial.
The ban on live media coverage ensures that the court proceedings
will be inaccessible for most except the most assiduous such as
the reporters, members of Plunder Watch and the security escorts
of Estrada and co-accused. The Estrada camp and the GMA regime
are likely one in wanting to put the plunder trial in the backburner
of public attention.
In the face of these obstacles and countervailing forces, what
is the clarion call for Plunder Watch? Where do we go from here?
Allow us to throw several proposals for your consideration.
1.
We must be ready to dig in, prepare for an even
longer phase of a protracted fight, while keeping ever-vigilant
watch.
We must persist in keeping a close watch on the progress, or lack
of it, in the plunder and other cases of Estrada.
Let us keep our constituencies and the general public informed and
updated.
We need to sustain popular education efforts especially addressed
to the youth and the communities of the urban poor.
Plunder Watch should be ready to sound the alarm bells and mobilize
our people to resist all attempts to hide the truth and to deny
justice.
Networking and organizing efforts must continue and expand.
The link must be established between the campaign to bring Estrada
to justice and the more strategic quest for accountability, higher
standards of ethical behavior and a commitment to serve the people
among our public officials. We must bring to the public consciousness
an uncompromising attitude towards graft and corruption. Our people
must discard the political culture of forgetfulness and opportunism,
cynicism and resignation to institutionalized greed. There must
be a conscious effort to dig at the deeper roots of large-scale
and widespread corruption.
Our labors to have Estrada pay for his crimes must be woven in and
complemented by our other advocacy’s – human rights, socio-economic
relief and reform, democracy and national sovereignty. We shouldn’t
end up having to choose between sustaining the fight for justice
viz Estrada and other plunderers and pursuing our other equally
pressing campaigns, struggles and advocacies. One should be able
to potentiate the other.
2. We must keep are eyes wide open, alert to all
kinds of dirty tricks, maneuvers, compromises and secret deals.
Of course, the Erap camp is the number one group to watch out for.
There is Estrada and his equally guilty cronies many of whom have
yet to be charged, much less arrested. Erap loyalists are now considered
the “honorable” Opposition (Sen. Lacson, Loi, Angara and Honasan).
They have also managed to wiggle themselves into the new government
(DND Sec. Angelo Reyes, Ronaldo and Dong Puno). Erap cronies like
Danding Cojuangco, Lucio Tan, Mike Velarde, etc have already reached
a modus vivendi with Mrs. Arroyo. There are the junior demagogues,
experts at mimicking and bastardizing the people’s actions/people
power, such as Atty. Boying Remulla, PMAP head Ronald Lumbao, and
leaders of the newly formed Union of the Masses for Justice and
Democracy (UMJP). And we must not forget Estrada’s handsomely
paid lawyers led by Attys. Saguisag, Cuevas, Flaminiano and Narvasa
and behind-the-scenes operator, Atty. Estelito Mendoza.
Second to watch out for is Pres. Arroyo and her coterie of advisers
who hold the view that Estrada’s crimes must be swept under the
rug while some kind of backroom compromises are reached with the
Estrada camp. In the final analysis, the lack of political will
on the part of Mrs. Arroyo and her administration will have a major
bearing on the outcome of this trial.
Lastly, we cannot slacken our watch over the Public Prosecution,
in whose hands now lies the success or failure of building up a
strong plunder case, and the Sandiganbayan Justices who have the
power to ensure a fair, speedy and judicious proceedings and who
eventually will render judgement.
3. We must deliberately and carefully expand our
scope of advocacy.
Estrada did not invent the crime of plunder and is certainly not
the first to engage in it. (Does the name Marcos ring a bell?)
But he may be the first whom we will be able to make into an example
that crime does not pay.
However the opportunities for the Estrada camp to still engage in
large-scale stealing has considerably diminished with his removal
from Malacañang. Plunder Watch can not be transfixed in
a time warp unmindful of the new Mandarins who are even now dipping
their hands into the public till.
In the first place, we cannot sanction or accept the wavering and
compromising stance of Mrs. Macapagal-Arroyo on the issue of bringing
Estrada to justice. Sisingilin at sisingilin natin siya, ngayon
at sa hinaharap.
Moreover, we must let the public know that we are open to and will
start investigating graft and corruption under the aegis of the
new regime. In this way, Plunder Watch can rise above charges of
the Estrada loyalists that it is a tool, wittingly or unwittingly,
of the Arroyo faction of the ruling elite. More importantly, we
deliver the message that Plunder Watch is about good governance
and continuing the fight for justice and meaningful reforms in this
country.
What about Sen. Panfilo Lacson and charges of amassing ill-gotten
wealth during the Estrada incumbency? It is our view that Plunder
Watch should take up this issue based on the evidence. More importantly,
we should put our influence to bear on the Kuratong Baleleng case
against Lacson. Not only is this a case of making money through
kidnapping and the use of guns-for-hire. This is about the cold-bloodied
murder of accused persons and their relatives to cover up for high-ranking
officers of the defunct PAOCTF under Lacson and then Vice-President
Estrada.
4. We must review the design and conduct of our campaigns
so as to maximize our impact while we conserve our strength for
the long haul.
We must aim to make our mass mobilizations and high-visibility actions
have maximum impact. We measure this not just in terms of media
coverage (since there are many uncontrollable factors in this regard)
but in terms of educating our own forces and the people we mobilize.
Lest we forget, our street mass actions are part of the meta-legal
tactics, which are crucial in providing a political environment
conducive to the legal battle in the courtroom.
How do we achieve this?
One, at the hearings we must ensure the presence of mass leaders,
personalities and contingents of our broad network on a revolving
basis. We must put in place a system for this, which will mobilize
those who can speak to the media in behalf of Plunder Watch as well
as provide a guided exposure for those who wish to observe the trial
first hand. This should be done in close coordination with the
private and public prosecutors. A system of reporting to the network
will be maintained.
Two, we should continue with high-visibility actions and press conferences
at key junctures or major developments in the legal battle. To
do this, we must maintain close working relations with the prosecutors,
pursue our education efforts and maintain a constant stream of information
updates and analyses through the Plunder Watch website, email, texting,
faxing and mailing out of our Plunder Watch Update. All these materials
can be reproduced and distributed electronically and in hard copies
and can be posted in school or factory bulletin boards, parish halls
and community meeting places.
Three, major mass actions which focus on this issue, in the midst
of so many other issues and ongoing campaigns, must be targeted.
These mobilizations need not be tied exclusively to the action in
the courtrooms. In fact, we exercise greater initiative and flexibility
if we set some of these mobilizations independent of the trial dates.
In this regard, we propose the week of January 16-20, 2002, the
first year anniversary of People Power 2 as an auspicious occasion
to high light the people’s principled demand for the conviction
and punishment of Estrada and cohorts.
5. We must raise the resources, financial and logistical,
to see us through this uphill fight.
Our advocacy cannot run on thin air. This we all know. To our
credit, we have been able to face off the hundreds of millions of
pesos the Estrada camp is throwing into their counter campaign with
true grit and a shoestring budget. But this cannot go on indefinitely.
We are sure we can draw on a wellspring of broad support. We must
neither be shy or ashamed to raise funds and material resources
through specific fundraising activities and alliance work.
For after all we do this not for any self-serving agenda or vested
interests but solely for the present and the future of this country.
For our children and generations after.
Maraming salamat po.
28 November 2001 |
