Dead Men Tell No Tales Or Do They?

Atty. Gerard Oliver Wang

The flood control corruption issues hit our country like a juggernaut. Social media blew up, criticizing the big-ticket contractors, government officials and as a whole our governmental institutions especially the primary state agency behind most of these national substandard and practically nonexistent flood control projects, the Department of Public Works and Highways (DPWH).

Due to the public uproar, a seemingly reluctant Legislature conducted inquiry upon inquiry. One whistleblower was a DPWH Undersecretary Maria Catalina “Cathy” Cabral, one of the most senior career officials ever to serve in the agency. She seemed to be at the middle of a conspiracy that could have linked contractors, DPWH officials and even some congressmen and senators behind billions of pesos of kickbacks for these faulty flood control projects.

During the investigations, DPWH Undersecretary Roberto Bernardo accused Cabral of being an integral part of the budgetary process in these flood control projects, working with their former boss, DPWH Secretary Manuel Bonoan who is still out of the country. 

When put on the witness stand, Cabral spoke of “allocable” and “unallocable” budget items behind these flood projects. The investigation panel was on the verge of a break through, a witness that could finally tie down high-ranking officials and finally substantiate criminal charges that could possibly stick; charges that could satisfy the ever-stringent evidentiary threshold upheld by the Office of the Ombudsman and the National Prosecution Service.

But all hopes for such breakthrough ended on December 19 when Cabral was found unconscious on Kennon Road in Tuba, Benguet. It seemed that she fell into a ravine. Was it a suicide? Or was it something more gruesome, like something out of a crime drama? The authorities are still investigating the incident. Cabral’s driver and husband gave out public statements that people would seem scripted, even forced.

But before we proceed to the crux of this article, lets us all express some respect to the family and the death of USec Cabral who, before being a public servant, was also a wife and mother. 

There is a saying that “dead men tell no tales.” But is this really the case in the current flow of events? Did Cabral’s death silence any issue? It may have prevented the investigation panel in coming up with certain conclusions based on her testimonies, but such should not hinder any further inquiry. If indeed people of ill-intent were behind her death, suspicions of her testimony and the connections potentially made between the illegal kickbacks and high-ranking political figures were just even more intensified.

The Filipino people are not as uneducated and naïve as most of our politicians think they are. Many still believe that even the younger generations can still be bought; either by election money or by news which main function is to “glaze” or prop up politicians than to inform. Social media, albeit chockful of fake news and vloggers-turned-political analysts, has been a huge help in informing the public, everyone from the businessman, tricycle driver, fish vendor, and most importantly the youth are in open discussion on flood control and corruption issues.

Now, what is the government to do? One thing is really simple; practice due diligence. If there are resource persons or witness that could possibly be vital to putting corrupt politicians and conspirators behind bars, adopt measure to ensure their full safety. As lawyers it is our duty to not only prepare our witnesses before trial but also check on their well-being, if they are safe and able to push through with their direct testimonies and be able to not crumble before the cross-examination of the opposing counsel. That is due diligence; the concept if which witnesses could be offered security or at least protection. The Witness Protection Program already exists, although this is highly debated by even the most experienced legal luminaries, as whether those of avail to be a state witness should surrender allegedly stolen public fund before consideration in the program; maybe another topic for another article.

And then here is also another possibility behind the untimely demise of USec Cabral; she may have even faked her death. It has been done before in which the Accused in a case even fooled the Supreme Court that she died but she really had just undergone plastic surgery and hid under false identities to avoid criminal liability. For more details, read the case of De Guzman vs. People, GR. No.154579, October 8, 2008. This is not the opinion of the writer but mainly a developing speculation to this incident. We should also respect the family of the deceased and their decision to not subject the cadaver to further investigation.

All in all, the government, though the Legislature should adopt at a minimum, basic security measures to protect state and potential state witnesses not only in the inquiry for flood control projects but for all investigations in the future. This protection should be against even self-inflicted harm and travel of these witnesses should also be closely monitored. Or else, our government and its high-ranking officials could be likened to the Italian mafia, deaths of witnesses, “snitches”, would be more common and could even be perceived as almost even convenient, especially for those who would be facing criminal raps for plunder, graft and corrupt practice under Republic Acts 7080 and 3019, respectively. 

Just when the long arms of the law were about to catch up to the crooks, the hall of the investigation panel fall silent, by either fear of death or by death itself. It is high time for the truth to be revealed as trust in our institutions is definitely very low and the general public is not silent not comfortable about this. The mysterious death of a high-ranking government official may cause some suspicion and miscontent among the masses, but how much more can our people take? And what if more deaths occur, more disappearances? Would the halls of Congress continue to fall to silence? It would be high time for a few good men and women to take charge and continue the stories left by those already departed. So that the tales of these dead men and women would live on.