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Thursday, April 25, 2024

Conflict of interest

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"Government service nowadays can present many ‘opportunities.’"

 

 

The Senate Blue Ribbon Committee appears to be on course to conduct another hearing on the accusations of Senator Ping Lacson of plunder and conflict of interest against Health Secretary Francisco Duque.

It used to be that public service, the term used when one decides a career in government, was associated with sacrifice. When one works for the government, this usually meant low pay. The only reward was the knowledge that one has devoted his or her life contributing to the public good.

Times have changed. Government service nowadays can present many opportunities whether one is seeking an appointive or elective office. Today, many well-to-do people run for public office to protect and even enhance their businesses. Many appointed positions also bring enhanced social status and business opportunities. Many government appointive positions are in fact much sought after because of the many perks that go with the job.

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To guard against enterprising individuals who put their personal welfare ahead of the common good, a law was passed to safeguard public interest. This is R.A. 6713 which became law on Feb. 20, 1989. The Code of Conduct and Ethical Standards for Public Officials and Employees is suggested reading for anyone wishing to join government service.

One of the principal provisions of this law is that any individual joining the government service who has business interests must first divest themselves from any private businesses to avoid any conflict of interest while serving the government. Unfortunately, the law does not go far enough.

We often hear of the word delicadeza when talking of conflict of interest and all of us understand the meaning of the word. A public official, like Caesar’s wife, must always be beyond reproach and must at all times avoid the appearance of benefiting personally as a result of his or her government position.

Unfortunately, not having any delicadeza is a not a violation of the law as Senator Dick Gordon pointed out in one of his interviews.

The case of Secretary Duque reminds me of the case of President Donald Trump of the United States. The established practice in that country has always been for sitting Presidents to divest themselves of any business interest while in office or put all their assets on blind trust. President Trump has done neither of the two yet, he has not been subjected to the kind of criticisms that Secretary Duque is receiving. He only transferred the management of his company to his two sons. In Secretary Francisco Duque’s case, it would appear that he complied with the minimum requirement of R.A. 671B in that when he was appointed to a government position, he divested his shares from a family business that is now the subject of Senator Lacson’s accusations. But Secretary Duque as the Secretary of Health also Chairs Philhealth, the government health insurance agency now renting a building owned by his family. To a lot of people, this would appear to be an open a shot case of conflict of interest.

In a TV interview, however, Secretary Duque defended himself by saying that he has already divested himself from any interest on the building and that it was PhilHealth itself that sent a letter to the Duque family that it was interested to lease the family building in Dagupan City. Whether this is enough of a defense is another matter.

To be fair to the good Secretary, he has said that he has nothing to hide and is willing to defend himself in any kind of investigation. So, if the Senate Blue Ribbon Committee will go through with the hearing, this will at least afford Secretary Duque the opportunity to defend himself in a public forum. We do not know if anything will come out of this hearing or whether the Senate will just be wasting its time. Congressional hearings are notorious of ending up without any concrete action. It is also no secret to many that there are a lot of people working in government who are making a killing because of their positions. Why not go after them as well?

It is important however, that Secretary Duque be given the opportunity to be heard. Even if the hearing will not result in any new law being passed or a case being filed, the people will at least be able to judge for themselves if anyone is guilty or not and to a lot of people, that may be more important.

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It is sad, what is happening in the United States. Two mass killings happening within hours took the lives of 31 innocent people and wounded dozens of others. The US seems to be incapable or unwilling to take steps to stop this phenomenon that is happening with fearful regularity in that country. To others, the solution is simple. Make it harder for people to possess firearms. To the US, however, it is not that simple due to culture in history. This is why it will happen again soon.

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