Truth-telling by Heidi Mendoza

Saturday, 05 February 2011 11:16

Written by Tony La Viña

Last February 1, the House Justice Committee conducted a hearing on the controversial plea bargaining agreement between the government and General Garcia. It was a hearing attended by Ombudsman Merceditas Gutierrez, the prosecutors, General Carlos Garcia and state witness Heidi Mendoza. But the otherwise soporific proceedings became remarkable in that it was all but overshadowed by the testimony of Heidi Mendoza. If the House Justice Committee were a court of law, Mendoza, the star witness in the plunder case against former AFP Comptroller General Carlos Garcia, would have been considered a credible witness. In criminal law, a witness who testifies in a categorical, straightforward, spontaneous and frank manner and remains consistent is a credible witness. Furthermore, failure to show “any improper motive on the part of the witness to falsely testify against the accused” is a hallmark of a credible witness. This is what she was during the House hearing and later in the week in the Senate Hearing. Heidi’s testimony bears the earmarks of truth.

Mendoza candidly and confidently disclosed the web of corruption and attempts at cover-up involving the top-brass of the AFP, Commission on Audit (COA) and a private bank. While her testimony, aided by a power point presentation, might be full of banking and auditing jargon which the uninitiated would be hard put to understand, she drove home her point very clearly to the listeners – that there is sufficient evidence to convict the accused, contrary to the assertion of the Ombudsman and the prosecutors.

During the hearings, Mendoza narrated how her boss at COA, Commissioner Emmanuel Galman, to go it slow and warned that they (her team) were being watched by the Palace in 2004. And yet, she remained unfazed and continued with her work. Mendoza said she walked into the Armed Forces of the Philippines (AFP) storage room for records and found it to be with “no systematic filing. I spent half a day looking for checks signed.” According to her, she was made to review 4 funds under the AFP: the detention fund; United Nations (UN) fund; Balikatan fund, and the AFP modernization fund. Ironically, when she submitted her report the COA was no longer interested and told her instead to submit the same to the Ombudsman. Then COA chair Guillermo Carague told her to just return all the documents she recovered. A Commissioner also tried to discourage her when she was told that there was no voucher signed by the General and so on and so forth, and almost all of the officials advised her not to accept this assignment.

In her audit of AFP transactions, Mendoza and her team unearth purported irregular and anomalous transactions involving the P200 million in the UN funds for the AFP peacekeeping missions, including the missing P50 million and in which the accused was involved. While the government prosecutors insist that the case against the accused is weak, prompting them to enter into the controversial plea bargaining agreement, there are those of the contrary opinion, including former Ombudsman Marcelo who argues that the evidence of guilt is strong, citing the two letters written by Clarita Garcia to US authorities admitting to the bribes and commissions received by her husband in AFP contracts. He likewise stressed that the plea bargain itself was already an admission of guilt.

While the weight of the evidence and the plausibility of the arguments for and against the plea bargaining agreement are for the courts to decide, one thing is certain. The sincerity and self-sacrifice of the star witness has not been put into question. As she narrated during the hearing, she took the witness stand when the trial for plunder began notwithstanding the risks she was taking. At that time, only a few were aware of what was going on, so there was very little public support. During the trial, when a Sandiganbayan justice asked her whether she was taking the case personally, Mendoza answered in the affirmative and reasoned that “I would like to fulfill my civic responsibility as an auditor and I have to confront my cases.” Mendoza is what you call a disinterested witness and thus far, not a whit of ill motive has been attributed to her. In one private moment, she said that what she is going thru is not worth the risk to her family, especially to her children. How can anyone question the compelling force of a mother’s instinct? And she kept on repeating that because of the case, her family is not only suffering but she has lost her employment and many more. Surely, she has risked them all – a promising career, security of her family, peace of mind if only, according to her, to prove that not everyone in the government is corrupt. Perhaps this is the reason why the people, including no less than the President, citizen organizations, the church and ordinary Filipinos are now expressing their support for Mendoza and her cause.
The cumulative pressure brought about by a crescendo of voices demanding the scrapping of the plea bargain may be a major reason why during the resumption of the investigation in the Senate Blue Ribbon Committee last Thursday, February 3, Ombudsman Merceditas Gutierrez finally expressed her willingness to file a manifestation before Sandiganbayan to withdraw former military comptroller Carlos Garcia's plea bargain.

The mess in the AFP is slowly being brought to light. The long-standing rumors of rampant and scandalous anomalies in the military have long remained rumors. But with the testimonies of Heidi Mendoza, Lt. Col. Rabusa and another witness who promises to come out soon, these rumors may yet be confirmed and proven in court. And more importantly, the culprits brought to justice. We need no military mutinies or coups to expose corruption in the military. What we need are a vigilant citizenry willing to come out bravely in the open and voice out their disgust and indignation to venalities in government despite the risk and discomfort that it entails. Most of us many not be called to become the “Mendozas,” “Lozadas” or “Rabusas;” this role is only for the few brave souls who are chosen by destiny. For most of us, we all are called to give our small share by supporting them in whatever way we can. This is our civic duty, our act of patriotism. Thank God by the show of support that the people are now extending Heidi Mendoza and the other whistleblowers, this might just as well be happening. Heidi and her ilk show that all is not lost for the Filipino people.

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