United Coconut Planters Bank

The joke is on us!

The Supreme Court ruling favoring former Marcos crony Eduardo “Danding” Cojuangco, Jr. demonstrates that kleptocracy is alive and well in the country.

As economist Cielito Habito will tell you, coconut farmers not rice farmers constitute the poorest of the poor in the Philippines. They also account for a larger bulk of the farming sector (whether you account for this on the basis of land area cultivated or number of individuals engaged in it). Improving their lot in life therefore should be on top of any poverty alleviation agenda.

Under Martial Law between 1972 and 1982, coconut farmers were burdened with a levy that was meant to be used for upgrading common facilities and infrastructure that would ultimately benefit the sector. The man in charge of what essentially could be regarded a monopoly was businessman Danding Cojuangco, an estranged cousin of the jailed opposition leader’s Benigno Aquino, Jr’s wife (mother of the current president who incidentally reconciled with his uncle prior to his election).

What did Mr Cojuangco do with the immense powers and resources entrusted to him? Well, he claims to have “borrowed” the funds from the United Coconut Planters Bank, an entity bought using the coco levy funds, to purchase a 20% stake in San Miguel Corporation, one of the biggest conglomerates in the country. So rather than going to the poorest of the poor, the funds were allocated to benefit the corporate and financial ambitions of the man whose responsibility it was to look out for their welfare.

Did he violate his duties not just as a public official in charge of the stewardship of their funds but as a corporate officer of the bank from where he had sourced his “loan”? The Supreme Court in a split decision seems to believe that he didn’t. This is despite the financial regulations that we have regarding banks lending a substantial amount of their funds to directors, officers, stakeholders and related interests.

Under normal circumstances, such an inequitable and imprudent decision by a public and corporate official would not have been condoned. Such a blatant disregard for the interests of those whose toil produced the resources would have only been possible under a dictatorship. It is that action that the Supreme Court has legitimized with its ruling.

Although the decision is still subject to a possible motion for reconsideration, if it were to stand, it would probably be one of the biggest transfers of wealth from the poorest and lowliest members of society to one of the wealthiest. It would be proof positive that kleptocracy is alive and well in a nation that has produced two among the top ten most corrupt leaders in modern history.

As Senior Associate Justice Conchita Carpio-Morales (who administered the oath of office to the current president) states in her dissenting opinion,

The argument that Cojuangco was not a subordinate or close associate of the Marcoses is the biggest joke to hit the century.

If that is so, then the joke is well and truly on us!