ANTI-INFLUENCE PEDDLING LAW PRESSED AT SENATE

Amid the on-going brouhaha over the ZTE Broadband deal, an anti-influence peddling law is being pushed at the Senate by opposition senator Francis "Chiz" Escudero.

Senate Bill (SB) No. 1242 seeks to penalize influence peddling or the mere act of representing oneself to another person having a transaction or request with the government.

The bill, according to Escudero, seeks to set up an effective deterrent to nip corruption at the bud and prior to any damage being inflicted upon government coffers as well as on our people with legitimate transactions or dealings with the government.

Escudero said at present, there is no law that categorically penalizes a public official's mere act of influencing another public official to perform an act that does not constitute a crime.

Existing laws seeking to prevent or abate graft and corruption in the government such as the Republic Act (RA) 3019 also known as the "Anti-Graft and Corrupt Practices Act" penalizes persons who receive a present, gift or any material or pecuniary advantage as well as those, who, without being legally authorized to do so, actually intervene, directly or indirectly in any business, transaction, application, request or contract with the government.

However, Escudero said there is a gap that needs to be filled in the said law as the Supreme Court qualified in the 2006 case of Boviera v. Zoleta, that the mere act of influencing a public official to perform an act which is not a violation of duly promulgated regulations is not punishable under Section 3 (a) RA 3019, if there is no consideration for the said use of influence

"Proof of consideration in influence peddling is difficult to prove as in the case of the ZTE broadband deal. Even the so-called whistle blower Joey de Venecia is having a difficult time confirming if money indeed exchanged hands in sealing the said deal, even if all fingers point to Commissioner Abalos, who has no business whatsoever in the affairs of the Department of Transportation and Communications."

Escudero said that prior to the receipt of any gift or present or the actual act of intervening, is the offer or representation made by a person that he can influence the public official or employee required by law to intervene or be able to assist and/or facilitate a transaction, contract or request with the government, which up to now remains unabated, as in the case of the ZTE broadband deal.

SBN 1242 seeks to penalize influence peddling or the mere act of representing oneself to another person having a transaction or request with the government. "We want to clip corruption at its inception even before any gift or present is given and even before there has actually been an intervention in connection with such request or transaction."

Under the bill's provision, any person who engages in influence peddling as defined by this act shall be punished by imprisonment of not more that six (6) years or a fine not exceeding One Hundred Thousand Pesos (100,000.00), or both, and disqualification to hold public office.