Thursday, February 26, 2009

US report: RP judiciary corrupt, inefficient

By PIA LEE-BRAGO, Philstar

MANILA, Philippines - A US State Department report said corruption and inefficiency in the judicial system have undermined human rights in the Philippines and caused “widespread skepticism” of due process.

“The law provides for an independent judiciary; however, the judicial system suffered from corruption and inefficiency,” the State Department’s 2008 Country Report on Human Rights Practices in the Philippines released yesterday said.

“Personal ties and sometimes bribery resulted in impunity for some wealthy or influential offenders and contributed to widespread skepticism that the judicial process could ensure due process and equal justice,” the report said.

“Trials were delayed, and procedures were prolonged. Corruption was a problem throughout the criminal justice system,” the report said.

The report also said political killings and disappearances “dropped dramatically” in recent years “following increased domestic and international scrutiny.”

But the report said some members of the security forces continued to abuse detainees physically and psychologically and there were instances of torture.

Prisoners awaiting trial and those already convicted were often held under primitive conditions, the report said.

Leftwing and human rights activists were often subjected to harassment by local security forces. Problems such as violence against women, abuse of children, child prostitution, trafficking in persons, child labor, and ineffective enforcement of workers’ rights were common, the report also said.

The report also cited abuses by the New People’s Army, particularly its liquidation of government officials and perceived civilian enemies.

The rebel group’s recruitment of child soldiers was also noted in the report. The use of children for combat or auxiliary roles was also common in the Moro Islamic Liberation Front and in the terrorist group Abu Sayyaf.

The report also cited inroads in judicial reforms initiated by the Supreme Court.
It mentioned, for example, the dismissal in September of a Court of Appeals justice and the disciplining of four others for their roles in a bribery scandal. In October the high court denied the motions for reconsideration filed by these justices.

The report also said time limits for the resolution of cases appeared ineffective.
The law provides that cases should be resolved within set time limits once submitted for decision – 24 months for the Supreme Court, 12 months for the Court of Appeals and three months for the lower courts.

“However, these time limits were not mandatory and, in effect, there were no time limits for trials. Lengthy pretrial detention remained a problem. Anecdotal evidence suggested that, in practice, trials can take six years or more,” the US report said.

Cheating seen without automation budget

By Thea AlbertoINQUIRER.netMANILA, Philippines --

The president of the United Opposition (UNO) warned of massive cheating in the 2010 elections if the poll automation budget is not immediately approved by the House of Representatives.

Makati City Mayor Jejomar Binay said a manual or even a hybrid system will only benefit candidates identified with President Gloria Macapagal-Arroyo, who was accused of rigging the 2004 elections.

Retaining the manual system, or even a combination of manual and automated counting, will favor the administration candidate,” Binay said Thursday, as a proposed P11-billion supplemental budget for the Commission on Elections (Comelec) appeared to stall at the House, where it has been approved at the committee level but has yet to get the nod of the plenary.

Binay lamented that there has been "no serious effort to reform the election system" since the controversial "Hello Garci" tapes, purported wiretaps, made public in 2005, of phone conversations between Arroyo and then election commissioner Virgilio Garcillano, in which they allegedly discuss cheating.

"Unless we fully automate in 2010, we will be playing with practically the same rules that led to the fraud-ridden election of Mrs. Arroyo in 2004,” Binay, who has declared plans to seek the presidency in 2010, said.Binay said cheating would be massive because Arroyo would have to keep her allies in power. And although Garcillano has retired, "his network is still intact."

“There are bigger stakes for Mrs. Arroyo in 2010. She doesn’t want to go to jail. Mrs. Arroyo and her allies are afraid that justice will finally catch up with them should a genuine opposition candidate get elected,” he said.If Congress fails to pass the supplemental budget before going on recess in March, the Comelec might not be able to implement automated vote counting.

Poll automation bill ‘urgent’—Palace

By Joel GuintoINQUIRER.net

MANILA, Philippines – Malacañang reminded lawmakers that President Gloria Macapagal-Arroyo certified as urgent a bill appropriating P11.3 billion to the Commission on Elections (Comelec) to automate the 2010 polls.

“I think we have sent a lot of signals already. That is the strongest signal that the Palace can send on that issue,” deputy presidential spokesman Anthony Golez said, referring to the urgent certification.

“Members of Congress are aware of the deadline set by the Comelec. They are aware of that. Everybody is working hard to reach that point,” he said.

The Palace supports the poll body’s position that eradicating cheating “will entail full automation,” he said.

Comelec Chairman Jose Melo had raised concerns that a “hybrid” election in 2010, or a combination of manual and automated systems, could pave the way for a repeat of massive cheating that allegedly occurred in the last general election in 2004.

Arroyo was an alleged beneficiary of the poll fraud, which enabled her to win a fresh six-year term over popular movie actor Fernando Poe Jr., who died in 2005.

(Comments: Hay naku! I told you so...)

Tuesday, February 24, 2009

World Bank meets with senators, stands firm on findings

By Aurea Calica Updated February 25, 2009 12:00 AM

MANILA, Philippines - World Bank officials led by country director Bert Hofman told lawmakers yesterday that it was up to authorities to prosecute contractors the bank had banned for collusion in bidding for road projects.

Hofman said the lending institution welcomed a Senate inquiry into the case and was working closely with the government to improve procurement systems.

He presented bidding documents that formed the basis for the debarment of seven contractors as he stood firm on the Bank’s findings of collusion.

The World Bank brought up the issue of collusion in a Referral Report that it relayed inNovember 2007 to the Department of Finance and the Office of the Ombudsman. The WB had briefed the Ombudsman about the case as early as May 2006.

“It’s the discretion of the Philippine authorities to pursue or not to pursue anything that we referred to them in the Referral Report,” Hofman said in a press conference after briefing the senators about the report.

“It does not mean that since it is confidential, it cannot be used,” Hofman said, apparently referring to Ombudsman Merceditas Gutierrez’s explanation for not investigating the allegations contained in the report early enough. Gutierrez was present at the briefing.
Hofman welcomed Gutierrez’s assurance that her office would come up with its own findings by the first week of March.

“We’re looking forward to that,” Hofman said.

The bank had earlier blacklisted several Chinese and Filipino firms it said colluded in the bidding for a $33-million road rehabilitation project.

Hofman said the World Bank was mandated to make sure that its funds are used properly, stressing that its internal investigations and sanctions “ultimately protect the taxpayers’ money” of member countries.

(Comment: Hay naku, collusion with co-businessmen or c0-politicians is old story in the country. This is a real old bad habit of cabals with the intent of cheating and corrupting just to win government and non-government projects. Lumang tugtugin an ito! Harapin na lamang ng mga contractors na ito ang katotohanan na nabuking sila at napahiya! The World Bank officers who busted them are not STUPID that think like them. Blacklisting them is just right and they should accept the consequences. HIHIRIT PA KASI, eh! Hay naku talaga!!!! Just shut the f_ck up and fade away. Kung talagang nandaya kayo, aba'y saluhin n'yo ang consequences nito. Magpaka lalaki kayo. Nakakahiya na talaga).

Comelec worried over possible manual system in 2010 polls

By Sheila Crisostomo. Philstar

MANILA, Philippines - The Commission on Elections (Comelec) expressed apprehensions yesterday that elections might revert back to the manual system with the failure of Congress to pass the P11.3-billion supplemental budget for automated polls for 2010.

According to Comelec Chairman Jose Melo, there is a snowballing proposal in the House of Representatives to use a “hybrid” of manual and automated systems.

He said deliberations on this proposal could further delay the release of the budget. “It’s been three weeks since the House began deliberating on our supplemental budget. Everything was all right until a certain congressman raised questions regarding a provision in Republic Act 9369 about manual voting,” Melo said, referring to Parañaque Rep. Roilo Golez.

Golez had proposed to Comelec not to totally abandon the use of the manual system in the 2010 elections.

Golez pointed out the use of manual conduct of the elections is mandated in RA 9369. Golez led lawmakers in proposing that the local elections – from councilors to congressmen – should be done manually while those for national elective positions should be automated. To automate next year’s polls, the lawmakers wanted to amend the provisions of RA 9369 before allocating a separate budget to be used by Comelec.

“We are a little bit disappointed. I don’t think there is still time to pass the new law because Congress will be on recess (next week). We are in a quandary … we might end up doing it manually if we don’t get the budget soon enough,” Melo stressed.

Melo expressed concerns that another scandal-ridden elections like what happened during the 2004 presidential polls could occur anew if the 2010 exercise is done manually.

“If we go manual all the way, it would allow another Garci and that is the great danger,” Melo said, referring to former elections official Virgilio “Garci” Garcillano who was widely believed to have been responsible for rigging the results in Mindanao during the 2004 presidential elections.
National Movement for Free Elections (Namfrel) and Parish Pastoral Council for Responsible Voting chairman Henrietta de Villa echoed similar concerns of manual elections next year.

“We are really disappointed. They (congressmen) should have raised it a long time ago when they were still deliberating on RA 9369,” De Villa said.

(Comment: Hay naku, DELIBERATE and INTENTIONAL neglect na naman ito ng mga congressmen - who are, by the way, majority loyal to the administration - not to pass this law of automating the election. Nakakahiya na! This is really shameful and a total embarassment on the part of our our corrupt lawmakers who will do their utmost to CHEAT and WIN the coming election in 2010. I am sure there will be another GARCI next year - 101%! We are the only alleged 'democracy' in this world manually counting the ballots because of the blatant neglect of these sonsofbitches in the government. These corrupt officials not only can cheat the upcoming election, but also save the budget for automation and POCKET the budget in various 'hidden' means. It's time to kick them out of the government. Let us remember that these assholes are mere government servants and not gods and untouchables. The people now should be the ones to throw them out of office by not electing them. They rigged elections and corrupt the money. So, let us kick them out in embarassing manners so that their families and children will not have the face to continue their bad names). Hay, di natuto ang Pilipino! If we want to continue suffering hardships and injustices for the next 10 years, go ahead and choose these assholes! But don't blame me for it - Melo is right and Golez is thinking very shortsightedly - I already told you so!

Monday, February 23, 2009

'Danny LIm' ad 1st salvo for Senate run

By Jocelyn UyPhilippine Daily Inquirer, MANILA, Philippines

—It isn't a call to arms, but a signal to the people that they want a "moral leader" in the halls of power, installed not by extralegal means but through the 2010 elections.

That was how a reformist bloc composed of civilian professionals and active and retired military officers Monday explained the full-page advertisement that appeared in the Philippine Daily Inquirer on Monday declaring they were united "under the leadership" of detained Army Brig. Gen. Danilo "Danny" Lim.

"We are telling the people that they should consider Danny Lim as an emerging new leader, which will not be attained through extralegal means," Ernesto Macahiya, president of one of the groups, the Guardians Nationalist of the Philippines (Ganap), said on the phone.

"We intend to nominate him for senator either with the opposition or to run as an independent," said Macahiya, who described himself as a "retired banker."

Lim, detained since 2006 for alleged involvement in plots to unseat President Gloria Macapagal-Arroyo, is "entertaining that suggestion," according to his lawyer, Vicente Verdadero.

In a statement sent through Verdadero, Lim said: "Not one to shirk away from challenges and responsibilities, I accept the mantle of leadership bestowed upon me."

Malacañang probe

Verdadero said the advertisement came as a surprise to Lim. "He was not aware that there was an initiative of this kind," he said.

The signatories in the ad included detained Sen. Antonio Trillanes IV, a former Navy officer.
The signatories in the ad – which cost P176,229 to put out – included active officers linked to the Oakwood Mutiny in July 2003, the Marine standoff in February 2006 and the Peninsula Manila hotel siege in November 2007, who are now held at Camp Aguinaldo and Camp Crame.

The ad has spurred an investigation by Malacañang.

Lorelei Fajardo, deputy presidential spokesperson, said a legal team was particularly checking if military officers on active duty were involved in the statement of support for Lim.
Not a threat

Fajardo said the Palace investigation would determine possible cases that could be filed against signatories who are still members of the armed forces.

Defense Secretary Gilbert Teodoro said he was not considering the supposed statement of support for Lim as a "threat to the unity of the Armed Forces behind the chain of command."
"We have proven the unity of the Armed Forces behind the chain of command," Teodoro told reporters.

"What's important to us is that no military personnel in active duty is supporting him," he said.
"(The ad) is a political statement coming from some groups that have the freedom to express their sentiments."

Gomez disowns ad

One of the supposed signatories, retired Maj. Gen. Johnny Gomez, Monday sent to Hermogenes Esperon, presidential management staff chief, a text message denying any hand in the advertisement.

"Be informed that I have not joined the group of Danny Lim nor am I one of those who officially declared that 'we are formally united under the leadership of B/Gen. Danilo 'Danny' Lim," a Malacañang statement quoted Gomez as saying.

In the paid advertisement, the signatories said they had agreed to unite under Lim's leadership for his "impeccable character."

"He has the essential leadership qualities to steer us towards our vision; he has consistently displayed uncommon valor and patriotism in the face of extremely difficult situations," according to the ad.

Fed up with 'trapos'

The ad was initiated by several reformist groups including the Guardians, Rebolusyonaryong Alyansang Makabayan (RAM), Bagong Katipunan, the Magdalo and the Samahang Magdalo group, Macahiya said.

"We all look up to him as the moral leader who was not corrupted by this regime," Capt. Ruben Guinolbay said, responding to written questions. He is currently detained at Camp Capinpin in Tanay, Rizal.

Lt. Col. Achilles Segumalian, a former battalion commander deployed in Mindanao, said what the country needed in the coming elections was an honest leader like Lim.

"We are supporting him because we're fed up with traditional politicians who only work for their personal desires," Scout Ranger Maj. Jason Aquino, another signatory, said.

Segumalian and Aquino, both detained at Camp Aguinaldo, spoke through lawyer Trixie Angeles.

Other retired officers who signified their support for Lim included Lt. Gen. Romeo Dominguez, former Northern Luzon commanding general.

Sen. Rodolfo Biazon, a former Armed Forces chief of staff, said he had heard as early as two weeks ago from young military officers that Lim was running for the Senate in 2010.

He said it was Lim's right to run for office if he wanted to.

"But he has to make a lot of noise to get attention,” Biazon said.

With reports from Christian V. Espiritu, Christine O. Avendano, and Leila B. Salaverria.

(Comment: I still prefer a civilian President than someone who comes from the military. This issue is very sensitive to Filipinos. Mr. Lim should run as my vice-president instead. Though I personally advocate for a strong military, I am not sold out to a military personality to run the government).

The Kind of Leader we need for 2010

By Harvey S. KehContributor

THE past weeks we have seen yet again another controversy involving the first family particularly first gentleman Mike Arroyo. According to an alleged report by the World Bank, the Arroyo has been at the receiving end of bribes given by contractors who aim to corner infrastructure projects run by the Department of Public Works and Highways (DPWH) and primarily funded by the World Bank. As a result of this report, the World Bank has decided to suspend and ban these contractors from taking part I any future biddings for their projects. This issue has since elicited various reactions from our political leaders. Our Congressmen and Senators have since began their own investigations regarding this matter with even one congressman saying that it should be the World Bank and not Arroyo who should be investigated. Up until now, Arroyo continuous to create all sorts of excuses just to be able to avoid being called and asked by Senators who are trying to get to the bottom of yet another corruption scandal that has been an all too often refrain in this present administration.

What is primarily lacking in our present government and leaders is transparency and accountability. Sadly, our President didn’t even help as she even took out a right to information clause in our National Budget which would’ve made it easier for ordinary Filipinos to ask where our money is going. We have also seen that prior corruption and political scandals have died a natural death not because they were resolved but simply because the attention of media has been shifted to other equally pressing and important matters. Up until today, we still haven’t heard Senator Manny Villar explain clearly about the budget insertions that he allegedly made that would favor his real estate company.

Last week, we celebrated the first year anniversary of Jun Lozada’s expose on the NBN-ZTE deal but up until now its alleged main perpetuators are still enjoying their lives playing golf. Finally, we will already be going to the 2010 national elections and even up to now, there is still no closure in the 2004 Hello Garci elections controversy.

Given the kind of government that we have had the past 8 years, we have seen it to be a government that has continued to condone and perpetuate graft and corruption at all levels. Several democratic institutions such as the Commission on Elections (COMELEC) and the Office of the Ombudsman have also been compromised. Thus, while many of us are already starting to lose hope in our government and our political system, I believe that this kind of situation calls for us to be more vigilant to look for a leader that will first and foremost be God-fearing, ethical and morally-upright.

I have always believed in the saying that a great leader is a product of the need of his or her time. We have seen in the United States of America that they were able to elect a African-American President in Barack Obama simply because they wanted to see a drastic change in the way their country was being run.

As if on cue, one of Obama’s first Executive Orders was to ensure transparency and social accountability in his government by banning current lobbyists from serving in his government. Right now, I believe that our country needs a righteous leader more than a leader with a Doctorate in Public Administration. It seems that we have often looked at the competencies of the leaders we elect while failing to check whether or not they have a genuine heart to serve our countrymen. I am not saying that competencies and skills is not important but with the kind of situation that we are in right now, our next President should primarily have the strength of character and unceasing will to battle the growing corruption found in our government today. I have always believed that leadership skills can easily be learned but the character and principles of a leader whether good or bad cannot easily be changed.
Comments are welcome at harveykeh@gmail.com.

Harvey S. Keh is Director for Youth Leadership and Social Entrepreneurship at the Ateneo de Manila University-School of Government

23 Years After EDSA, Marcos cronies are back!

GOTCHA By Jarius Bondoc Updated February 23, 2009 12:00 AM

At first Malacañang declared there’d be no celebration this year of the People Power Revolt. But belatedly last Friday it suspended school today to mark the popular uprising’s 23rd anniversary. And hurriedly yesterday Gloria Macapagal Arroyo laid a commemorative wreath at Libingan ng mga Bayani. Yesterday’s ceremony and today’s special holiday are on the wrong venue and date. Past fetes have always been at the EDSA Memorial on Feb. 25, the day Ferdinand Marcos fell in 1986. The Arroyo admin seems averse to observing the EDSA Revolt. Any revelry would only point up the unpleasant truth. People Power brought down a dictator and his cronies; today Marcos’s confederates are back — as Arroyo cronies.

Juan Ponce Enrile had enforced Marcos’s martial law for 14 years, before a 1986 breakaway that sparked the civilian-backed military mutiny. As defense minister he muzzled the press and jailed dissenters. He also led the takeover of the coconut industry. Today Enrile is Senate President and one of Arroyo’s chief defenders against exposés of corruption and abuse.
Enrile and Eduardo Cojuangco Jr. were the only civilians among the “Rolex 12” plotters of military rule in 1972. They partnered to govern the coconut sector, from planting to harvesting, processing to trading. Using personal and public funds (coco levy) Cojuangco gained control of food and beverage giant San Miguel Corp. in 1984. Ever loyal, he and his family flew with Marcos to exile in Hawaii in 1986. Cojuangco returned years later and formed the Nationalist People’s Coalition. Today the party has two senators, 63 congressmen, and dozens of local officials, all aligned with the Arroyo admin. Cojuangco continues to nurture assets in the police-military establishment; the present defense chief is his nephew.

Cojuangco regained SMC in 1998 and, with sidekick Ramon Ang, grew and diversified it into mining, utilities, and infrastructures. His recent foray into energy was most intriguing. In Oct. 2008, just weeks after Ang disavowed interest, SMC bought 27 percent of Meralco, RP’s largest electric utility. The block came from GSIS, the state employees’ pension fund run by Malacañang appointees. GSIS was already in talks with Metro Pacific to unload the shares for P26 billion cash, at least 50 percent more than its worth. Vivian Yuchengco reportedly got wind of it and, through close ties with golfing buddy First Gentleman Mike Arroyo, got GSIS to entertain SMC instead. GSIS relented, and SMC ended up buying the block for the same price, but at installment of three years.

Controversy didn’t end there. A nine-month-old firm called Global 5000 bought up another 10-percent block of Meralco held by other Palace-controlled agencies: SSS, Land Bank, and Development Bank of the Phils. Global 5000 is led by Cojuangco associates: former Marcos trade minister Roberto Ongpin, SMC board director Iñigo Zobel, and partner Joselito Campos (son of Marcos crony Jose Yao Campos). It is named after the long-range executive jet sent by Ang to pick up tummy-aching Mike Arroyo in Osaka, Japan, last Nov. Securities and Exchange Commission records show that Global 5000’s telephone is SMC’s trunk line. The outfit picked up the additional Meralco shares supposedly so Cojuangco can command a total of 37 percent. Market analysts say it is preparatory to wresting control from the Lopez family, which has 32 percent and whose ABS-CBN is a thorn on the Arroyo admin’s side. The separate purchase of the 27- and 10-percent blocks effectively skirted an SEC rule that any buyer of at least 35 percent of a listed firm must offer the same price to smaller shareholders. With Meralco shares trading below P60 in Oct. 2008, compliance would have cost SMC a heavy sum.

Ongpin’s role in the Meralco deal was a dead giveaway. Only weeks before he had paved the way for Cojuangco’s entry into petroleum. First, as agent of London-based Ashmore Group, he bought for $550 million Saudi Aramco’s 40-percent block in Petron, RP’s biggest oil refiner and distributor (42-percent market share). Government owned an equal 40-percent chunk through Phil. National Oil Co., but strangely relinquished the board to Ongpin’s group. Invoking right of first refusal, Ashmore then demanded that PNOC sell its block for the same price as Aramco’s. It was a distorted definition of the option. The proper procedure should have been for PNOC to publicly bid out its 40 percent. Fetching a higher tag than $550 million, it could have told Ashmore to match it, or else lose to the better bidder. As it happened, PNOC’s Malacañang gofers meekly accepted Ashmore’s price. At the time of sale the government even lost about P1.5 billion, due to a drop in the dollar value against the peso.

While all this was going on, Ashmore negotiated to sell to Cojuangco 50.1 percent of its Petron buildup. The final deal was for SMC to pay Ashmore in two years. But SMC gave up front $10 million “consideration”, by which Ashmore granted it seats in the Petron board. Business buzz is that the amount went to certain “coordinators”.

Cojuangco’s charge into Meralco and Petron followed an attempt to buy the state’s electric transmission lines. But the National Grid Corp. of the Phils., also close to Arroyo, had beat him to it. Arroyo’s party treasurer Ricky Razon and Endika Aboitiz, whom former economic secretary Romy Neri once described as “national oligarchs,” are part of NGCP. Critics have pointed out a breach of the law that bars electric distributors like Aboitiz from going into transmission. But regulators ignored them.

(Comment: Like I said, greedy Filipinos and their cohorts will hang to everything to survive or control anything and everything. Putting the welfare and benefits of the country and its people first would have given different twists for these things to happen. Perhaps many of these cronies and their cohorts would have landed in jail a long time ago should the succeeding leaders and the Filipinos as a whole (after Marcos) have done their part in prosecuting these cronies that had plundered the country. Nagpabaya tayo kaya nakawala ang mga ito. Ngayon, sila pa ang mayayaman at nagpapatakobo ng negosyo at gobyerno sa atin. This time, sa susunod ba eleksyon, matuto na tayo at pangalagaan ang boto. Maging responsableng mamamayan na nakikialam. Accountability and transparency should be on top of the agenda for the next leader of the country. Ipaimbistiga ang mga cronies at kapag guilty, ikalabuso!)