THE recent report that Sen. Loren Legarda and her son, Batangas congressman Leandro Leviste, have left the country and fled abroad amid an ongoing Ombudsman investigation into plunder, graft and corruption, and conflict-of-interest allegations reminds us of previous “self-exile” of public officials claiming political persecution. Indeed, the Bureau of Immigration confirmed that the mother and son left for Hong Kong on Aug. 2, while the Ombudsman is investigating allegations of criminal collusion in the solar energy franchise linked to Congressman Leviste. The troubling question is how the powerful are able to leave the country at the drop of a hat when accountability begins to catch up with them.
In the 1970s, opposition leaders, such Sergio Osmena Jr. and Gerry Roxas, left before martial law was declared to avoid arrest, while Eugenio Lopez Sr. was forced to exile amid the Marcos administration's campaign against their family’s financial interests. In the 1980s, the shoe was on the other foot. President Ferdinand Marcos Sr. and his family went into exile in the aftermath of the People Power 1 uprising.
There were famous public officials who skipped court proceedings and sought shelter overseas, ostensibly citing political persecution. Remember former Comelec chairman Andres “Andy” Bautista, who was indicted in the United States for allegedly taking bribes from Florida-based Smartmatic and money laundering in relation to the 2016 Philippine elections. More recently, Ako Bicol party-list representative Zaldy Co left the country and settled in Europe while facing graft and malversation charges over allegedly anomalous flood-control projects amounting to billions. The government has been seeking his return through diplomatic and legal channels, but to no avail.
The tendency of top public officials to flee abroad when things heat up is a recurring travesty that has to be stopped within the bounds of the law. It has encouraged public officials to evade accountability and foster a culture of impunity. It also raises some uncomfortable questions — how were they able to leave the country unbeknownst to the media? Why did law enforcement authorities fail to anticipate their departure? And did anyone tip them off on the criminal charges to be filed against them and lock them up? The plot always thickens when it concerns powerful government officials.
As a result, ordinary Filipinos feel demoralized by what appears to be an unequal application of the law. When a poor person is merely suspected of committing a crime, he can immediately find himself at a police station, subjected to questioning and investigation. Without lawyers, money or connections, many suspects find themselves helpless against the machinery of government.
Now, Senator Legarda and her son have left the country while allegations about their possible involvement in crimes are being investigated. Whether they are true or not, the mother and son should have faced these charges here, instead of flying abroad. Congressman Leviste’s name has also surfaced in the alleged “honey trap” operation directed at Executive Secretary Ralph Recto and other Cabinet officials. These allegations remain disputed and must be investigated with due process. And the charges against Senator Legarda and her son must be proven beyond reasonable doubt. However, this might seem impossible if the mother-and-son tandem decides to stay abroad until the issue naturally dies down.
Instead of facing criminal allegations and preventing speculation to thrive, most public officials choose to leave the country. This leaves an unkind perception among many Filipinos that said public officials would avail of the “self-exile” strategy until a new and friendlier administration takes over.
In the long run, when we tolerate and normalize such “self-exile,” it erodes public trust in the rule of law and fairness in government prosecution. It opens accusations of elite connivance at the expense of equal administration of justice. And finally, it sets a bad precedent to future generations of public servants who may apply the same “self-exile” strategy to escape legal accountability.
Public office is a public trust, not a shield to escape accountability when facing criminal allegations. A public official must submit himself to the investigation and allow the evidence to speak for itself. If the law is strong enough to hold the poor accountable, it must be fair enough to pursue and prosecute the powerful. And the government can never excuse a public official to enjoy a pass when cornered by our laws and be entitled with special treatment than the rest of our countrymen. This is bound to destroy our democracy.
