IN the ongoing congressional investigations on ghost projects and substandard infrastructure supposedly funded by the Department of Public Works and Highways (DPWH), one question keeps coming up: Do we need state witnesses to pin down the guilty?
Frankly, I think this debate is unnecessary. Why the fuss over state witnesses when the evidence is already staring us in the face?
If a project was allocated funds, documented, and paid for-but never implemented on the ground- then it is not only a ghost project; it is a crime that leaves behind visible emptiness. The absence of a project where one was intended to be built serves as proof-no state witness is needed.
Likewise, if a road, bridge, or flood control structure was supposedly completed but has already crumbled, cracked, or eroded long before its expected lifespan, that’s evidence enough. Engineers can measure, test, and certify that the work was substandard. The documents, the site, and the results speak louder than any testimony.
So why should we give those involved an escape route by turning them into state witnesses? If we keep doing this, we only embolden more crooks in government and the private sector-because they know they can always talk their way out later. The picture, as they say, already speaks for itself.
Empowering citizens: Evidence in the palm of our hands
Speaking of pictures, I recall a proposal that I and former Senate President and now Chief Presidential Legal Adviser Juan Ponce Enrile have long advocated and frequently discussed in our radio/TV program Dito sa Bayan ni Juan.
We proposed that ordinary citizens be allowed to take photos of those dumping garbage into esteros, rivers, and other waterways-and that these photos be made admissible as evidence in court. Enforcement agencies can then use the images to immediately identify, fine, and apprehend violators.
To make this more effective, we also suggested that a portion of the fine collected go to the citizen who took the picture. This way, people are empowered to help clean their own communities while discouraging violators who know that ‘anyone with a cellphone camera’ could catch them in the act.
In a nation where almost everyone carries a smartphone, this is not only practical but powerful.
The real cause of flooding: Clogged waterways, not lack of funds
Alongside citizen enforcement, Senator Enrile and I have long advocated another urgent need: to clear our rivers and esteros of illegal obstructions-makeshift structures, informal settlements, and business establishments that block natural waterways.
Each rainy season, we pour billions into flood control projects that either fail or become corruption magnets. Yet, the simplest and most effective solution lies in clearing the waterways. Do a cadastral survey if necessary. Let’s recover our rivers.
On this, I’m glad I share common ground with San Miguel Corporation Chairman and CEO Ramon S. Ang, who recently emphasized that before we spend another peso on new flood control projects, the government must first unclog our drainage systems. Even the most advanced flood control infrastructure won’t work if garbage and illegal structures choke the flow of water.
In his view-and mine-the real solution is not more spending, but more political will.
Accountability without excuses
IF we are serious about curbing corruption in public works, let’s not complicate what’s simple. Ghost projects leave a void-a visible absence that proves wrongdoing. Substandard projects show their defects plainly and can be gauged in two ways: the parameters set in the contract and the quality of materials used.
In these cases, the paper trail exists: there’s the contractor, the proponent, and the approving authority. Identifying them does not require a confession-just diligent auditing.
Only in rare instances, when identifying the culprits would be impossible without material testimony, should the government even consider granting state witness protection. It should be the last resort.
And even then, natural law should apply first-restitution must come before immunity.
Natural law tells us that moral right and wrong are discernible through reason.
For example-a car was hit by another vehicle and sustained dents and scratches. The two parties-using natural law-can already agree on the amount that needs to be paid without waiting for a court decision.
With due respect to legalese people, there are unwritten laws that are part of human nature.
So if someone steals public funds through ghost or substandard projects, those assets must first be surrendered or forfeited before any talk of leniency-using natural law.
As we know, the assets of some personalities linked to flood control scams have already been frozen. If these are unexplained wealth-and flaunted at that-then the government should have no difficulty reclaiming them.
There is nothing worse than seeing the very people who enriched themselves from public funds walk free, immune, and still living lavishly.
Let the punishment fit the gravity of their acts-not only through the written law but also through natural justice. There is no point taking it easy on them when they have practically admitted to illegally pocketing the people’s money. They did not play by the rules, and yet we are being too careful to strictly adhere to written laws.
Leave the President out of it
Finally, I urge the public not to drag President Ferdinand Marcos Jr. into this controversy. He was the one who ordered a full and transparent probe into these irregularities. The people are waiting for justice-let us give it to them swiftly.
A touch of Filipino humor
Still, even in times like these, Filipinos manage to find humor. A friend of mine, Richard B. Flores, who constructs mausoleums in memorial parks, told me with a smile:
‘In cemeteries, there are ghost projects too.’
I was startled and asked what he meant.
He said, ‘Well, there are ghosts of the departed lurking.’
I laughed and replied, ‘Well, those are the better ghosts.’
It was a brief moment of levity- but it reminded me that amid all our frustrations, we must never lose our sense of humor, even as we demand truth and justice.