Mike’s boys sharpen knives against Joe - Malaya 10.31.2006

Speaker is sacrificial lamb to woo senators

BY DENNIS GADIL

MALACAÑANG is poised to drop Speaker Jose de Venecia in exchange for the support of senators for a constituent assembly (con-ass) that would amend the Constitution and possibly provide blanket protection for President Arroyo even beyond 2010, a source said yesterday.

The source said the House members close to Jose Miguel "Mike" Arroyo are now rounding up the votes for Surigao del Sur Rep. Prospero Pichay as De Venecia’s replacement.

The source said the Palace has received word that anti-con-ass senators would reconsider their position if De Venecia is removed from the picture.

So far, Senators Miriam Defensor-Santiago, Edgardo Angara, Manuel "Lito" Lapid and Ramon "Bong" Revilla Jr. from the 23-man Senate are said to be supportive of a con-ass.

De Venecia earlier said the House leadership would shift to "Plan B" or a constituent assembly if the people’s initiative petition would be dismissed by the Supreme Court. The High Court last week voted 8-7 to junk the petition.

De Venecia’s game plan is for the House to convene itself into a constituent assembly even without the participation of the Senate. He is banking on the charter provision which says amendments may be introduced by a three-fourths vote of "all members of Congress."

"They are not comfortable with De Venecia at the forefront of the con-ass campaign because of his ambition to become prime minister," the source, who is close to President Arroyo, said.

The source said Senate leaders were angered by De Venecia’s move to strike out at the last minute Senate President Manuel Villar and Vice President Noli de Castro from the list of public officials who would become automatic members of the transition parliament.

Pichay is said to be Mr. Arroyo’s point man in the House, especially during the two impeachment attempts against President Arroyo.

Pichay is said to command the support of the Mindanao bloc and party-list congressmen. He has his own charter change draft which retains party-list lawmakers as members of the parliament, a provision missing in the De Venecia Cha-cha blueprint.

A close aide of De Venecia confirmed the alleged move to replace him to get the support of senators. This aide was the one who acknowledged that their camp suspected a collusion between Malacañang and the so-called The Firm in undermining the people’s initiative case before the Supreme Court.

The source has said that President Arroyo decided at the last minute to dump the people’s initiative drive of Union of Local Authorities of the Philippines (ULAP) and Sigaw ng Bayan for fear of being impeached by the transition parliament that would be controlled by De Venecia.

Under Malacañang’s favored scenario, the President would share power with the prime minister under a parliamentary form of government until 2010 and could opt to run as member of the Parliament after she steps down as president.

PALACE SCAPEGOAT

Senators urged Malacañang and its House allies to heed the advice of Defense Secretary Avelino Cruz to drop plans to tinker with Constitution.

"The administration should not make Nonong Cruz a collateral damage of its charter change defeat," Sen. Ralph Recto said.

"It will be a pity if they will make a scapegoat out of a sage. And what he’s been saying makes sense: that it’s time for the administration to call a tactical retreat on charter change; to change strategy because the last one was flawed; to cut losses so it can fight another day," he added.

Recto said allies of President Arroyo, instead of castigating Cruz, should heed his warning "that going the con-ass way is another ‘kamikaze’ charge that will be shot down by the Supreme Court if the Senate will not go along."

He said Malacañang needs the likes of Cruz "in manning the ramparts of a Palace where good judgment on charter change has gone AWOL" and that if he should be allowed to leave the government, it must be based on his performance as a defense secretary and not his defense of the Constitution.

WASTING TIME

Recto and minority leader Aquilino Pimentel Jr. said the Palace, De Venecia and his congressional allies should also realize that pushing for a constituent assembly without the participation of the Senate is just a waste of time.

They predicted that the Supreme Court, as the final arbiter, would again junk con-ass for being unconstitutional if the Senate would not go along with the House.

They said De Venecia should learn from the lesson of the Supreme Court’s junking of the people’s initiative petition last week that any unconstitutional means of amending the charter would be futile and a sheer waste of effort, time and money.

"De Venecia’s House tempts the fates by planning to start the process of amending the Constitution by its lonesome," Pimentel said.

"Amending the Constitution cannot be done by the House alone as Joe de Venecia wants to do.

To use a much-harassed word, it takes two to tango, meaning that changing the Constitution needs the action of both the House and the Senate," he added.

‘CUT YOUR LOSSES’

He said Malacañang should now abandon its plan to save face. "Iyon nga ang sinasabi ko sa kanila. Cut your losses na. Wala pa silang naipapanalong legal battle sa Supreme Court, if you will recall… Their record is unblemished with victory."

Pimentel said the only way De Venecia’s con-ass proposal will take off the ground is for the Speaker to agree that the Senate and House should separately approve all amendments to the Constitution.

But he said it is now too late to proceed with Charter change because it has been overtaken by preparations for the May 2007 elections.

"Anyway, Joe de Venecia wastes the time of the people by diverting their attention from the more urgent tasks of cleansing the government of crooks and misfits and the crafting of laws that will confront poverty and truly develop the nation," Pimentel said. – With JP Lopez

‘Fearing JDV plot, GMA dumped PI’ - Impeach provision scared Mike - Malaya 10.30.2006

BY DENNIS GADIL

FEARING a "coup" by Speaker Jose de Venecia, it was President Arroyo who dumped at the last-minute the people’s initiative to amend the 1987 Constitution by sending out word she would not be averse to a Supreme Court ruling against the petition of Sigaw ng Bayan and the Union of Local Authorities of the Philippines, a source said yesterday.

The source said the message was relayed through the Villaraza and Angangco law office which counts Defense Secretary Avelino Cruz and Supreme Court Associate Justice Antonio Carpio as founding members.

Carpio wrote the Oct. 25 ruling which found the people’s initiative campaign constitutionally infirm for being misleading and deceptive. The SC vote was 8-7.

The source said the turnaround of the President and Mike Arroyo was prompted by the inclusion of a provision in the proposed shift to a parliamentary system, which would allow the legislature, expected to be controlled by De Venecia, to impeach the President during the transition period to 2010.

De Venecia’s Cha-cha blueprint provides that senators who have up to 2010 will serve their remaining term until 2010.

The same provision applies to President Arroyo who will continue to serve as president until 2010 "unless impeached by the Parliament."

The source said Mr. Arroyo was the first to realize the threat posed by the impeachment provision.

"Iyan kasi ang nakalagay sa isinumite ng proponents ng PI sa Comelec at kasama sa referendum. Nagkalaglagan sila. Pumalag na ang Malacañang," said the source who is known to be close to the President although he does not hold any office.

The source said when the President failed to get a firm assurance from De Venecia and people’s initiative proponents that the "impeach clause" would not apply to her, the President discreetly ordered a pullout of support while continuing to publicly endorse the proposal.

This was when the First Gentleman went to work, the source said.

He said De Venecia suspects that the so-called The Firm used its influence to swing the votes against people’s initiative.

An aide close to De Venecia confirmed such suspicion yesterday.

CABINET WAR BREWING?

The source also said there is a brewing Cabinet war between the "De Venecia boys," namely Executive Secretary Eduardo Ermita, Justice Secretary Raul Gonzalez, National Security Adviser Norberto Gonzales and presidential political adviser Gabriel Claudio, on one side, and Cruz and presidential chief of staff Michael Defensor, on the other.

"Matindi ang pulitika ngayon. Ibang klase ang bakbakan. Sila-sila ang nag-aaway," the source said.

Cruz said over the weekend that three Cabinet members are out to remove him for his lukewarm support to the people’s initiative drive.

The source said Gonzalez got a mouthful from the President the other day when she called him up from China and told him to stop badmouthing Cruz.

Claudio expressed doubt that Cruz would be removed from the Cabinet.

"Regardless of differences of opinion, I doubt very much if anybody within the Cabinet would move for the ouster of a colleague because of what happened to people’s initiative. That judgment is completely up to the President. I don’t believe changes in the aftermath of the Supreme Court decision is warranted," he said.

Claudio said he was aware of Cruz’ position on the people’s initiative.

‘NOTHING WRONG’

He said Cruz never publicly campaigned against the people’s initiative, even if he had aired his sentiments against it during Cabinet discussions.

"In small circles within the Cabinet and with me, Secretary Cruz did speak about his disagreement with people’s initiative as a method for amending the Constitution. Nothing wrong with that, I guess. His advice and candidness, as long as they are confined within the Cabinet, are valued as always," he said.

"I am not aware of an instance where he publicly campaigned against the people’s initiative or tried to subvert its chances of success particularly in the Supreme Court. If he did, ibang usapan na yun," he added.

Claudio said the administration has not entirely given up on Cha-cha.

"The narrow defeat of people’s initiative in the Supreme Court does not diminish the urgency and righteousness of political reforms through Charter change. The final fate of charter change through people’s initiative or constituent assembly will probably be determined by the time Congress goes into Christmas recess," he said.

He said if the constitutional hurdles would not be overcome by then, the administration would go on a "formal, open and aggressive" preparation for the May 2007 elections. – With Jocelyn Montemayor

Ping: Erap nod not needed to run in opposition slate - Malaya 10.30.2006

POLL TEMPERATURE WARMING

SEN. Panfilo Lacson yesterday shot down claims of Rufus Rodriguez, spokesman of President Joseph Estrada, that inclusion in next year’s opposition senatorial slate requires Estrada’s nod.
"Hindi, hindi ganoon ang usapan. Hindi naman kailangang magmano ka kay former President Erap para ma-isama ka," Lacson said in a radio interview.
Lacson is eligible for re-election.

"Ang totoo niyan, ang incumbent ang nag-uusap-usap kung papaano magkakaroon ng coalition, kung sino ang puwedeng isama na siguradong mananalo at kaaya-ayang kasama sa Senado," he said.

Lacson said that last month he saw Estrada at his detention rest house in Tanay, Rizal and the latter never told him of such an arrangement.

"Na-create na perception iyan because of Rodriguez, pero hindi ganoon ang sitwasyon," he said.

Estrada was unseated in 2001 but still wields considerable influence among the masses. His wife, Sen. Luisa Ejercito, won in the 2001 while his son, Sen. "Jinggoy" Estrada won in 2004.

Lacson said it would be awkward if the next Senate would be like "a family reunion."

"Hindi naman sa tinatawaran natin ang kanilang kakayanan, pero kakatwa ang sitwasyon.

Baka magkahiwalay pa ng aisles, magkapatid na hindi pa magkasama sa aisle (partido), pero iyan ang demokrasya," he said.

A sister and brother team could shape up if Pia Cayetano’s brother Taguig-Pateros Rep. Alan Peter wins. – Dennis Gadil

‘Magnificent 8 earns place in history’ - Malaya 10.26.2006

BY DENNIS GADIL

THE opposition to People’s Initiative yesterday hailed the Supreme Court for upholding the rule of law by junking the Palace-backed people’s initiative petition.

"The admirable and impressive sense of independence shown by these justices in the face of the brazen-face pressures applied by powerful self-serving politicians not only restores the people’s faith on the rule of law but also reinforces public confidence on our democratic system and its institutions," Sen. Franklin Drilon said.

"This decision will certainly increase the people’s trust in the Supreme Court as the final arbiter of sensitive issues that divide the people," he added.

Sen. Rodolfo Biazon said the ruling would dampen attempts to provide a resolution to political controversies through unconstitutional means such as military adventurism.

Sen. Edgardo Angara said the SC has shown once again that it can rise to the occasion and prove itself an independent and objective institution.

"Their decision has put to rest a huge political uncertainty," he said.

Sen. Richard Gordon said the High Court did the right thing.

"Although the people have been given by the Constitution the power to directly propose amendments to the Constitution, the dubious way by which the present people’s initiative was orchestrated, largely through the barangay assemblies, is indeed very disturbing," Gordon said.

Sen. Joker Arroyo said the Supreme Court again demonstrated that in times of grave constitutional issues, it will respond with dispatch and judicial statesmanship, independence, integrity and erudition.

Sen. Mar Roxas said the defeat of a flawed and questionable people’s initiative is also a victory for the system of checks and balance.

"It clears the way for the government to shift its attention to the people’s business and for all sectors to unite behind a more focused social reform agenda," he said.

Sen. Panfilo Lacson said the Supreme Court has earned the respect of the people.

"I salute the eight justices who, despite all odds and overwhelming outside pressure, voted against the petition, particularly those appointed by Mrs. Arroyo, namely Justices Antonio Carpio, Adolfo Azcuna, Alicia Martinez, and Romeo Callejo Sr., for listening to the true voice of the people," Lacson said.

He said the decision only proved that the tainted and fraudulent manner of collecting signatures for the so-called people’s initiative would never bear good fruit."

"Nevertheless, the waste of government time and taxpayers’ money in pushing the false people’s initiative remains a distasteful and condemnable act," Lacson said.

Minority leader Aquilino Pimentel Jr. said the Supreme Court has again demonstrated the highest sense of judicial responsibility.

"The Supreme Court has clinched the victory of the people over the blatantly evil President Gloria Macapagal-Arroyo, ULAP and Sigaw ng Bayan assault on the rule of law and constitutional order," he said.

OPPOSITION VINDICATED

Makati Mayor Jejomar Binay, president of the United Opposition, said the SC ruling vindicated their stand on the controversial issue that polarized the nation.

"We of course welcome the decision. The Supreme Court has shown judicial wisdom in coming up with the decision. They have decided on the basis of the legal issues that were presented and the factual reasons were also taken into consideration, primarily that the signature campaign was defective," he said.

Binay, however, warned that the decision does not mean total victory for the opposition as the next battleground would be the House where charter change proponents led by Speaker Jose de Venecia have been floating the idea of a constituent assembly if the people’s initiative is junked.

House minority leader Francis Escudero hailed the justices for resisting pressures and deciding based on the law and the best interest of the Filipinos.

Escudero, secretary general of the United Opposition, said the ruling "has renewed and strengthened my faith in the judiciary and our judicial system."

Deputy minority leader, Rep. Alan Peter Cayetano (NP, Taguig-Pateros) said the SC "only proved that it is the last bastion of democracy."

‘ACT OF HEROISM’

Akbayan party-list Rep. Risa Hontiveros called the eight justices who voted against the initiative as the "Magnificent 8." "They saved Philippine democracy, an act of heroism for which they will forever be remembered," she said.

Rep. Roilo Golez (Ind., Parañaque) said that once again, "albeit by the slimmest of margin, the SC chose the path of righteousness, justice, rule of law by junking the fake people’s initiative petition."

"Chief Justice Artemio Panganiban and his magnificent colleagues have secured their place in history. They now belong to the pantheon of the country’s demigods of democracy," he said.

Golez said it is time for Cha-cha proponents to throw in the towel. "The brains and exponents and spokespersons of the fake people’s initiative should apologize to nation, or reap the people’s wrath," he said.

One Voice, the civil society group which strongly opposed the petition, said the decision show the tribunal can resist political pressure.

"Not only the Chief Justice but also the other justices who voted against the petition have shown that the rule of law is superior to political pressure in this country," said One Voice legal counsel Carlos Medina.

NO MORE HINDRANCE

Comelec Chairman Benjamin Abalos said he hopes that with the SC decision, the poll body as well as the public can now focus on the May 2007 elections.

"At least, I hope this will put an end to talks on Cha-cha (charter change) issue. Derecho na punta ngayon sa local elections," he said.

He, however, acknowledged that the issue on charter change will always be "in the air."

"Pero at least ngayon patay na ang isyu ng PI so ang Comelec focused na talaga sa elections," he said.

"Wala na talaga makakapigil pa sa elections. With or without Cha-cha tuloy ang elections," he said.

Archbishop Oscar Cruz said the decision was a big win for truth and justice and prevented a big "socio-political" problem from escalating.

"Mabuhay ang Supreme Court," the prelate said in a text message. – With JP Lopez, Ashzel Hachero and Gerard Anthony Naval

Yap outlines priorities at DA - Malaya 10.26.2006

REAPPOINTED Agriculture Secretary Arthur Yap yesterday said he wants to be remembered as the man who provided infrastructure and processing facilities that reduced agricultural losses and increased the income of farmers.

He said that while there may have been increases in agricultural production over the years, these have not been felt by farmers due to losses suffered through lack of infrastructure and post-harvest facilities.

"I’m not a farmer but my contribution to Philippine agriculture will be the hard support for infrastructure that will increase yield and lessen wastage," Yap told reporters after he formally accepted the Department of Agriculture (DA) portfolio from outgoing Secretary Domingo Panganiban on Wednesday.

Yap said the DA’s focus would be in strategic placement of processing, transportation and storage facilities because "farmers already know" about the aspects of production and yield.

"It’s infrastructure and processing that we have to concentrate on. It’s not a question of yield," he said.

Yap said the measure of a successful agriculture secretary is not in increased productivity alone but on how he makes the different stakeholders benefit from the DA’s programs and how he is able to stabilize the prices of agricultural goods.

He said there is a need to tie up production with markets nationwide. "If you have these chains all over the Philippines, the private sector will invest," he said.

Yap said there should also be coordination with local government units. He said he "will put more money in LGUs that are investing in agriculture."

Yap’s return to the DA was criticized, particularly by farmers’ groups which questioned both his capability and integrity. But he found an ally in opposition Sen. Juan Ponce Enrile who described him as someone who will bring back "delicadeza" to the Cabinet.
Yap served as agriculture secretary from July 2004 up to June 30 2005, when he resigned after the Bureau of Internal Revenue (BIR) accused him and his father of tax evasion over the purchase of a lot in Pasig.

The BIR later dropped the charges, paving the way for his appointment as presidential adviser on job creation in December 2005.

Enrile, a senior member of the bicameral Commission on Appointments (CA), vowed to back Yap when his appointment comes before the body. The senator said Yap’s sense of propriety showed in his response to the tax evasion charge.

"That act shows that Secretary Yap possesses a sense of ‘delicadeza’, which is rarely found in public officials nowadays," Enrile said. "At the very least, Yap deserves a chance to prove his worth once again as head of the Department of Agriculture."

Enrile said he especially liked Yap’s announcement that he will put a stop to the practice of massive public spending on fertilizer subsidies and farm inputs, which have been widely criticized as a source of corruption in the last elections.

At the same time, he challenged Yap to "demolish cartels and monopolies in the agricultural sector which only serve vested interest groups to the detriment of the farmers and the consuming public."

The farmers’ group Kilusang Magbubukid ng Pilipinas (KMP) accused Yap of being President Arroyo’s replacement for former Agriculture Undersecretary Jocelyn Bolante who was found guilty by a Senate inquiry of masterminding the diversion of P728 million in fertilizer funds to Arroyo’s 2004 campaign kitty.

Yap, who was once Arroyo’s student at the Ateneo de Manila University, asked the KMP to a dialogue the other day but the group said they would need to make sure first that the dialogue would not be used by Yap to make himself look good ("pagpapapogi") and that the talking points should be left to their group to decide to ensure that the issues are clarified. - Reinir Padua and Dennis Gadil

OFWs unhurt but traumatized by riot in Kazakhstan workplace - Malaya 10.25.2006

SOME 500 Filipino workers who were caught in a riot that claimed 40 lives and left scores injured in a Bechtel-run oil drilling facility in Tengiz, Kazakhstan last Oct. 20 have been "moved to a safer location in the compound," the Department of Foreign Affairs said yesterday.

Citing a report from Henri Ohayon, Bechtel official in Tengiz, DFA spokesperson Eduardo Malaya said work in the facility has already partially resumed as of yesterday.

"Work has resumed at the oil project, starting with the engineers, supervisors, et al. Manual field workers, including most Filipinos, will resume work tomorrow or the day after," Malaya said.

The OFWs in Tengiz, mostly employed as welders, electricians and pipefitters, were caught in a clash between Kazakh and Turkish workers who erupted into violence after someone reportedly cut into the line during mealtime at the canteen.

The DFA said none of the Filipino workers joined the riot and none were hurt.

Malaya also said Bechtel human resource officials had met with the OFWs to reassure them about their safety and security but Sen. Richard Gordon, who is currently in Geneva, Switzerland, sent a text message to Labor Secretary Arturo Brion to say that he had been contacted by "severely traumatized" OFWs who no longer feel safe in Tengiz.

Gordon said the OFWs who contacted him not only fear for their lives but are constantly harassed and intimidated by Kazakhs who took part in the riot. "Personal belongings are being taken from them by rogue bands of Kazakhs who have been threatening them. Some instances of violence and bullying have been reported. Panic and tempers are at flashpoint which could lead to severe consequences, not unlike the 20 October event which killed many Turks," Gordon said in his message which was forwarded to Senate reporters by his Manila office.

Gordon "strongly recommended" that the Labor Department ensure the safety of the OFWs by pulling out those who no longer feel safe in the remote outpost.

Senate majority leader Francis Pangilinan said the DFA should send someone to Tengiz to talk to the OFWs for an accurate assessment of the situation. – Czeriza Valencia and Dennis Gadil

Gordon: Abalos, Gloria’s election lawyer out to sabotage May polls - Malaya 10.24.2006

BY DENNIS GADIL

SEN. Richard Gordon yesterday accused Commission on Elections chairman Benjamin Abalos and President Arroyo’s election lawyer Romulo Macalintal of "sabotaging" the mid-term elections in May next year to pave the way for charter change.

"Talagang malinaw na may mga de-numerong galaw sila para ma-cancel talaga yang election at mapagbigyan yung mga humihingi ng Cha-cha (charter change) sa kahit na anumang paraan," Gordon said in a phone patch interview from Switzerland.

Macalintal earlier warned that mid-term elections might be scrapped if Congress would insist on the implementation of the automated elections law because of the lack of time for the bidding for a new set of counting machines.

"He (Macalintal) is the same lawyer who filed a petition before the Supreme Court so that the machines the Comelec purchased can be used but he lost. It is clear that they have a number of steps planned to have the election cancelled to give way for charter change in whatever way possible," Gordon said.

The machines, numbering around 2,000, were supposed to be used in the May 2004 polls under the contract between Comelec and Mega Pacific.

The Supreme Court voided the contract in January 2004, saying it was disadvantageous to the government, and asked the Ombudsman to go after officials involved in the contract.

Ombudsman Merceditas Gutierrez recently cleared Comelec officials and Mega Pacific executives of any criminal liability for the botched computerization.

Abalos earlier said the poll body has no more time to scout for a new supplier or to implement a partial automation.

‘DON’T PROCRASTINATE’

Gordon, chair of the committee on constitutional amendments, said Abalos should stop procrastinating.

"I think it is about time that the Comelec buckle down to work instead of listening to these people who are obviously trying to prepare the public or create social awareness na kunwari ay maka-cancel. Ipakita muna nila na kaya nilang gawin (poll automation)," he said.

He said there is a budget for poll automation unlike for the people’s initiative mode to amend the Constitution, which is being pushed by the Palace-backed Sigaw ng Bayan and Union of Local Authorities of the Philippines.

Gordon said Comelec Commissioner Florentino Tuazon has told him pilot testing of the poll automation in six provinces and six cities was doable.

"Kakayanin daw nila. They can handle it," he said.

Gordon said Mega Pacific is re-inventing itself under a new corporate name with the main objective of again snatching a contract with Comelec.

"I have not seen the documentation but from what I have gathered there is a new corporation, different in name but perhaps practically the same stockholders that have bid to supply (counting machines) for the Comelec," he said.

Gordon said the Constitution mandates an election every three years and that the Comelec is duty-bound to conduct the scheduled May 2007 polls.

The proposed automation bill has been approved by the Senate and House of Representatives.

The measure provides for selective automation in 2007 and a nationwide implementation in the 2010 presidential elections.

The bill also directs the Comelec to scout for a new supplier of counting machines.

Press Secretary Ignacio Bunye said the 2007 election would push through as scheduled.

He said the no-election scenario of Macalintal is his personal opinion.

"We don’t necessarily share his opinion dahil iyung sa atin, binabago natin kung ano iyung nasa batas at batay sa umiiral na batas, meron tayong nakatakdang election sa May 2007," he said. – With Jocelyn Montemayor

LP-NP alliance for May polls dims - Malaya 10.20.2006

PROSPECTS of an alliance between the Liberal Party (LP) of Sen. Franklin Drilon and Nacionalista Party (NP) of Senate President Manuel Villar for the 2007 polls have dimmed after LP leaders decided to freeze on-going negotiations.

"The party will have to focus first on consolidating our ranks before we venture into any arrangement with other (political) parties," a senior LP member said.

The source said any talks held between and among members of the LP and NP were done on "purely personal and political bases."

The LP sources said the party’s energy will be channeled instead on "escalating" its reconciliation efforts with members who were drawn to the LP faction of Manila Mayor Lito Atienza.

The sources said a special committee led by Tarlac Rep. Benigno "Noynoy" Aquino III has been created to reach out to the "prodigal" members.

Aquino confirmed the reconciliation move and said some members of the Atienza faction have indeed been "conciliatory in the past two weeks."

He also said no sanctions would be imposed on Cavite Gov. Ireneo Maliksi for defecting to the Atienza wing. Maliksi was provincial chairman for Cavite before his surprise defection.

The party was split last March after the group of Atienza and presidential chief of staff Mike Defensor staged a rump session and had themselves elected as new party leaders with Atienza as president.

The election of new set of officers by the Atienza group, however, was voided by the Commission on Elections (Comelec) this week. The poll body called for a supervised election on November 13.

The LP sources, however, refused to confirm if talks were indefinitely dropped on the intervention of Sen. Mar Roxas, who is reportedly being groomed by the party to be its standard-bearer in the 2010 presidential election. Villar, who heads the NP, is also said be interested in running for president.

Roxas, LP executive vice-chairman, has apparently expressed reservations on the proposed coalition, which was openly endorsed by Drilon last June.

The senator from Capiz earlier said he has yet to see the platform of NP and see if this jibes with the LP program of government.

Drilon said the proposal was the brain-child of Senate majority leader Francis "Kiko" Pangilinan.

NP stalwart Sen. Ralph Recto also told Senate reporters last June that the possible coalition between his party and the LP was aimed at boosting their senatorial, congressional and local line-ups in 2007.

The NP is likely to field Villar, Recto, Reps. Alan Peter Cayetano and Gilbert Remulla as senatorial bets while the LP will have Pangilinan and Aquino forming the "core senatorial ticket" if the coalition materializes. – Dennis Gadil

Gordon: Arrest warrants vs PCGG execs still ‘live’ - Malaya 10.19.2006

BY DENNIS GADIL

SEN. Richard Gordon yesterday said the arrest warrants issued against officials of the Presidential Commission on Good Government and executives of Philcomsat Holdings Corp. (PHC) can be enforced anytime if they snub Senate hearings.

"They have to remember that the warrants of arrest are still pending and could be served anytime by the Senate security," Gordon, chair of the committee on government corporations and public enterprises, said.

The Senate committee on government corporations and public enterprises resumes hearings on the PHC fund mess next month with an expanded mandate.

The Supreme Court on Tuesday effectively removed the immunity of PCGG officials from congressional inquiries.
Gordon said the "live" warrants would be used to "gently remind" the PCGG led by its chairman Camilo Sabio and PHC officials that they should attend the next round of hearings.

He said his panel would also expand its inquiry into possible anomalies committed by PCGG officials.

Gordon said 20 years after it was created, the PCGG has yet to report out its accomplishments.

"The Philcomsat will just be the entry point. We will find out if the PCGG has been doing its job. We will expand our investigation and look into the operations of the companies that the PCGG has taken over, where they have made money, where they lost money and where they made money for themselves," Gordon said.

He said the expansion would be in line with a pending measure seeking the abolition of the PCGG.

Sabio and Commissioners Ricardo Abcede, Narciso Nario, Nicasio Conti and Tereso Javier and PHC officers Benito Araneta, Philip Brodett, Manuel Andal, Julio Jalandoni and Luis Lokin Jr. were the targets of warrants of arrest issued by the Senate for snubbing its hearings.

Only the arrest warrant on Sabio was served by Senate security personnel last Sept. 12. Sabio was detained for almost two weeks at the Senate clinic after showing signs of heart problems. His lawyers filed a petition for habeas corpus before the high court.

The PCGG officials invoked Executive Order 1 for defying the summons of the Senate panel, citing a provision that says they could not be compelled to attend judicial and congressional probes.

The tribunal ruled this week that such immunity embodied in EO 1 has been superseded with the ratification of the 1987 Constitution.

Gordon said he would have wanted to immediately resume his panel’s investigation but they do not want to be perceived as over-eager to grill the officials.

He said the SC’s decision was a "severe slap" on the commission.

"I hope this would instill some humility and an expression of cooperation among the PCGG officials," he said. – Dennis Gadil

Ombudsman never called us: Salonga - Malaya 10.13.2006

‘Gutierrez acting as protector of corrupt officials, greedy execs’

TWO of the complainant-groups in the voided P1.3 billion Mega Pacific poll automation deal yesterday denied claims by Ombudsman Merceditas Gutierrez that they ignored summons to participate in a public hearing.

"We were not notified," former Senate president Jovito Salonga, chairman of Kilosbayan, said in a press conference at the Club Filipino in San Juan.

Maricor Akol, Augusto Lagman and Antonio Pastelero of the Information Technology Foundation of the Philippines (ITFP) said the claim of Gutierrez was full of "half-truths."

"They sent the subpoena to the wrong address. There is no doubt that there is malice," Pastelero said.

"We challenge the Ombudsman to prove that the summons was served and was stamped ‘Received’ by our office. We want to see if our people really signed the subpoena," Akol said.

Lagman said the claim summons were issued was intended to put the complainants on the defensive.

He said they were made to appear that they "ignored’ the public hearing and were resigned to whatever verdict that would come out."

"Now we have to explain why we were not able to participate. Di namin alam ang schedule nila for the hearings," he said.

Gutierrez on Tuesday said the investigative panel conducted 12 public hearings and invited the complainants, witnesses and interested parties.

"Marami pong nakinig sa civil society groups, NGOs at iba pa. Subalit hindi po dumalo, aktibong nakilahok at nagsumite ng ebidensiya ang complainants sa 12 araw ng pagdinig," she said.

Salonga accused Gutierrez of selling out the mandate of her office and condoning corruption.

"When she first joined the Ombudsman, she read the Constitution. Bad news is she forgot her duty as protector of the people. She is now acting as protector of the corrupt election officials and greedy businessmen who compose the 11-day-old Mega-Pacific Consortium," he said.

He dismissed the claim of the Ombudsman that its Oct. 2 resolution clearing all Comelec officials and private respondents of any criminal liability did not contradict the Supreme Court’s January 2004 ruling that voided the poll automation project.

"Every criminal case has civil liability. They are just looking for convenient loopholes," he said.

Salonga said the exoneration of Comelec officials was Gutierrez’s payment of gratitude to Malacañang.

"She was presidential legal counsel before she was Ombudsman. And she was a classmate of the First Gentleman. I will not go into details about how she did in the bar exams which they took together, out of mercy for Mercy (Gutierrez)," he said, drawing laughter.

Rep. Riza Hontiveros-Baraquel (PL- Akbayan) said more pressure should be applied to convince Gutierrez to resign as the anti-graft body has lost much of its credibility. "If she won’t resign, then she should be impeached" she said.

‘OFFICE ARREST’

Pastelero said the ITFP will ask the Supreme Court to place Gutierrez under "office arrest".

"We will ask the Supreme Court to throw into the garbage can the garbage resolution that the Office of the Ombudsman submitted to it. Then we will ask the High Court to confine Gutierrez in her office until she can come up with an acceptable resolution," he said.

The ITFP said the motion will be filed on Oct. 28.

The group also sought the deferment of the admission of the Oct. 2 resolution, saying this is to give way to their challenge on its validity.

In the 52-page resolution, the anti-graft body reversed its June 23, 2005 resolution that recommended the filing of impeachment complaints against Chairman Benjamin Abalos and Commissioners Resurreccion Borra, Mehol Sadain and Florentino Tuason on the grounds of graft and corruption and betrayal of public trust and held retired Commissioners Luzviminda Tancangco and Pablo Ralph Lantion liable for two counts of graft each.

Pastelero contradicted the claim of Gutierrez that the resolution did not conflict with the SC ruling.

He said the SC verdict was unequivocal when it said "Comelec and its officials concerned must bear full responsibility for the failed bidding and award, and held accountable for the electoral mess wrought by their grave abuse of discretion in the performance of their functions.’

The Ombudsman has claimed that the SC ruling dwelt only on the civil aspect while it was up to the anti-graft court to determine criminal liability.

Pastelero said that for this alleged violation of the SC directive, all officials of the Ombudsman involved in the public hearing should submit an explanation why they should not be cited for contempt of court.

UP Prof. Harry Roque and Makati City Mayor Jejomar Binay, chief counsel for the Black and White Movement, also a complainant, warned that the decision to clear Comelec officials would put the credibility of the midterm 2007 elections in question.

"If the Comelec people are still there, what’s the use of having another election? So many lawyers are beginning to doubt if justice is still existent in this government. Sinasabi nila, ‘Panahon na para mag-isip kung kailangan nang isoli ang ating lisensya," Roque said.

"The bigger concern now is what kind of election ang haharapin natin sa Mayo sa susunod na taon," he added.

OMBUDSMAN BUDGET DEFERRED

The United Opposition deferred the passage of the P974 million proposed budget of the Office of the Ombudsman for 2007 because of the Mega Pacific issue.

The House is expected to wrap up the deliberations and submit the proposed P1.126 trillion national budget for 2007 by midnight.

Escudero moved for the deferment after Rep. Bienvenido Abante (Lakas, Manila), who defended the Ombudsman’s proposed budget, failed to satisfy him on questions surrounding the controversial Oct. 2 resolution of the anti-graft court.

At the early part of the interpellations, Gutierrez, who was in the gallery, gave the assurance her office would speed up the investigation of former agriculture undersecretary Jocelyn Bolante, the alleged architect of the P728 million fertilizer fund scam who is facing visa violation charges in the US, and of the P2 million extortion case of former justice secretary Hernando Perez.

The Catholic Bishops Conference of the Philippines (CBCP) remains doubtful of the credibility of the election agency.

CBCP spokesman Msgr. Pedro Quitorio said the Church believes that there is no viable, one-shot solution that will enable Comelec to restore its sagging credibility "much more with a government agency (like Ombudsman) clearing another government agency (Comelec)".

He said the problem lies with the officials. "Kung madumi yung puno, madumi din yung sanga down the line. It has to be cleaned first," he said.

COMPUTERIZED POLLS BY ‘07

The Senate approved on final reading the proposed measure to computerize the elections beginning next year.

Sen. Richard Gordon, the main author, said poll automation would be pilot tested in 12 provinces and cities each in Luzon, Visayas and Mindanao in the 2007 mid-term elections.

Full implementation will be in 2010.

Gordon said the results of the elections would be transmitted electronically from the municipalities to the provinces and to the main headquarters of the Comelec for faster and a more "secure" canvass.

Print-outs of the results of the votes would be available for comparison in cases of election fraud allegations.

The bill was filed in 2005, with committee hearings that started on Oct. 17 last year. It was sponsored on March 20 this year and was the subject of "passionate" and late-night debates the past three days.

Gordon said Comelec has proposed an initial funding of P1.2 billion for the computerization, which would be spent for the purchase of the hardware and the development of the software.

Gordon said stronger measures for supervision and oversight will be in place to ensure transparency in choosing the technology and in bidding out the contract.

Under the measure, an oversight committee composed of three each from the Senate, the House of Representatives and the Comelec would review the implementation of the law every 12 months from the last election for refinement or adjustment. – Peter Tabingo, Gerard Naval, Wendell Vigilia and Dennis Gadil

DOH vows to stop PhilHealthcard use for polls - Malaya 10.11.2006

BY DENNIS GADIL

HEALTH Secretary Francisco Duque yesterday assured senators that no Philippine Health Insurance (PhilHealth) cards would be issued three months before the midterm elections next year.

But there’s a catch.

Duque wanted an assurance from the Senate finance committee chaired by Sen. Franklin Drilon that the proposed P16 billion budget of the Department of Health for 2007 would not be reduced.

The three-month moratorium could start in February.

Duque said about P3.5 billion of his department’s proposed outlay of P16 billion is earmarked for PhilHealth card distribution.

He told senators they expect to provide health coverage to four million new members next year and bring the membership roster to 20 million.

Duque said the coverage of bulk of PhilHealth members will start expiring in January.

Sen. Edgardo Angara, who was among those who proposed the moratorium, said the DOH could hold the release of the PhilHealth cards to prove that it would not be used for the 2007 elections.

Drilon said the DOH could start the freeze on issuance of new PhilHealth cards once the coverage of some of its members expires on January.

"Puwedeng i-continue ang processing pero huwag ire-release hanggang matapos ang election period," Drilon said.

During a hearing on Malacañang’s proposed P46.4 billion supplemental budget last Aug. 8, the Senate finance committee noted an unusual jump in the PhilHealth membership before and after the 2004 elections.

Sen. Joker Arroyo Jr. has said the PhilHealth membership rose from 9.9 million families between Dec. 30, 2003 and May 11, 2004 to a high of 15.3 million families by December of the election year.

Arroyo has said the six-million jump in the membership of PhilHealth in 2004 was proof the agency was used to boost the election chances of President Arroyo.

"Ibig sabihin nung big increase e dahil ginamit sa eleksyon," Arroyo said.

He said he expects the number to soar again with the 2007 elections approaching.

As of July 2006, PhilHealth membership stood at 12 million.

"The point is the members grew after the 2004 elections," Drilon said.

Appearing before the same panel on Aug. 13, Duque said PhilHealth cards were indeed distributed to gain "political points" for Arroyo during the 2004 elections.

"It was distributed before, during and after the elections," Duque, who was PhilHealth chief in 2004, told the committee on finance.

But Duque stressed PhilHealth cards were already being distributed as early as 2001.

Decision on nursing test retake deferred - 10.11.2006

THE final word on whether the passers of the nursing licensure examinations last June will have to retake Tests 3 and 5 due to the leakage of test questions to selected examinees was left hanging anew after Labor Secretary Arturo Brion said he will await the results of the National Bureau of Investigation’s probe first.

Brion, who was at the Senate yesterday for his confirmation hearing with the Commission on Appointments, told senators he is now "taking a fresh look" on the matter and the question of a retake is "currently under study."

"We’ll wait for the PRC (Professional Regulation Commission) decision. It’s the PRC’s call," he said.

PRC chair Maria Leonor Rosero, who was also at the Senate for the hearing on her agency’s 2007 budget, maintained that the PRC stand remains "no retake" as she blasted Brion and presidential adviser on overseas Filipinos Dante Ang for "intruding" on her prerogative to decide on whether a retake is justified or not.

Malacañang the other day left the decision on the retake to the Department of Labor and Employment and the PRC, while Ang was tasked to oversee the deployment of qualified Filipino nurses abroad.

Rosero accused Ang of doing a demolition job on the PRC due to his claim that the leakage has tainted the reputation of local nurses.

She also said she does not agree with the executive order issued by President Arroyo putting PRC under the "control and supervision of DOLE" and called it improper. She said she was not even consulted in the drafting of the EO.

Brion said the EO was not meant to "supplant the PRC" but added that he believes the order effectively gives him power to wield "control and supervision" over the PRC and also authorizes him to reverse PRC decisions on important matters like the retake.

Former Sen. Rene Saguisag, who came to oppose the confirmation of Brion, said the EO does not provide full control of DOLE over the PRC. "He’s reading too much on the EO. Nothing there says that it allows full DOLE control," Saguisag said. "He was all right until he joined the cabinet."

Saguisag stressed that a retake should be on a "purely on voluntary basis."

"Those who passed can take the board again and tell it to the world that they passed not only once but twice," Saguisag told the CA members.

Rosero also said no retake is needed and Filipino nurses are being accepted abroad despite the scandal. "There are 21 states in the US accepting nurses without the PRC license and they can take the NCLEX exams. There are many hospitals and associations accepting these recent passers of the examination," she said.

Rosero nevertheless said that if Malacañang orders a retake, they have no choice but to comply.

Catholic Bishops Conference of the Philippines (CBCP) spokesperson Msgr. Pedro Quitorio said they are hoping that whatever decision is issued on the matter will be "pro-nurses and pro-people" and not dictated by international pressure.

He said Malacañang should not make the majority of the passers suffer for the sins of a few. – Dennis Gadil with Gerard Naval

Promise to rid EDSA of colorum buses unkept - Malaya 10.10.2005

WITH barely three months left before the end of 2006, transportation officials have yet to remove a single "surplus" bus from EDSA as part of their promise to bring down the present number of buses plying the highway from the present 5,000 to a more manageable 1,000.

"We have not removed any bus. We’re still hearing violations," Maria Elena Bautista, chair of the Land Transportation Franchise and Regulatory Board (LTFRB), sheepishly told senators at the budget hearing of the Department of Transportation and Communications yesterday.

Bautista said once the cases are resolved and the resolutions issued, the LTFRB would start deciding on what franchises to cancel.

On March 26, 2006, Bautista and Anneli Lontoc, chief of the Land Transportation Office (LTO), boldly assured senators that they will reduce the number of buses plying EDSA to its ideal level of 1,000. They said 1,500 of the buses currently running along EDSA are "colorums," or without their own franchise.

They also gave themselves until the end of 2006 to get the job done.

In yesterday’s hearing, however, Bautista changed her tune and said they only committed to bring the number of buses down to 1,800 units and that only 539 buses are considered ‘colorums.’

Sen. Sergio Osmeña III, who was present when the commitment was made months ago, scoffed at the transportation officials for making promises they cannot keep just to have their budgets approved. He said he doubts the LTO and LTFRB can do what could not be done 11years ago.
"I bet you next year, you have not solved that," Osmeña said.

Sen. Franklin Drilon, Senate finance committee chair, said they are still holding Bautista and Lontoc to their commitment. "They were the ones who set the standards. They promised that 3,200 from the existing 5,000 would be removed. It’s the commitment of the agency," he said, adding that in case of failure, "bypassing their budgets remains an option." – Dennis Gadil

Neri: GMA wants 2006 deficit kept at P125B - Malaya 10.02.2006

PLANNING Secretary Romulo Neri has said that President Arroyo wants to maintain the P125-billion budget deficit target for 2006 despite having surpluses for the past four months.

Budget Secretary Rolando Andaya Jr. has repeatedly said that the budget deficit for this year could reach P100 billion and that government could even accelerate its target to balance the budget by 2008.

"I don’t think so. The President wants to maintain it," Neri told reporters in an ambush interview in Malacañang.

Neri said government actually needs to catch up in terms of spending and that the passage of the P46.4-billion supplemental budget would boost spending.

Neri and Andaya have reiterated that there is excess liquidity in the system.

Andaya has complained that government has the excess funds but it doesn’t have the spending authority from Congress.

At the Senate, on the other hand, finance committee chair Franklin Drilon said all Andaya has to do is certify fund availability and they are willing to help him unload some of those excess funds, especially in the direction of the Philippine National Police.

Drilon criticized President Arroyo over the low budget earmarked for the PNP in 2007 despite the agency’s role in keeping the republic strong. "The proposed 11.82 percent increase in the 2007 budget of the PNP, which is placed at P39.36 billion will be enough only to cover inflation and bring the appropriation to its former level three years ago. The increase is just to cover inflation, which is less than six percent a year," Drilon said. "And yet, we are increasing the manpower complement of the PNP by 6,000 policemen. This year, we have already increased it by 3,000. Next year, they will hire an additional 3,000."

The PNP budget in 2005 was P35.19 billion. This was supposed to be increased to P35.53 billion this year but Congress failed to pass the 2006 outlay. – Regina Bengco and Dennis Gadil

Not one of 91 RSBSgraft cases resolved - Malaya 10.07.2006

Ex-AFP chief says he is ‘high-profile’ scapegoat

BY VICTOR REYES

NINETY-ONE cases of graft have been filed against officials and employees of the AFP Retirement and Separation Benefits System, which is set to be abolished by yearend to avoid further losses, but not a single case has been resolved.

The filing of cases, the military said, is an indication that it is serious in ridding the investment fund of corruption.

"Based on document that we have now, 91 cases are filed and pending before the Sandiganbayan," said Lt. Col. Bartolome Bacarro, chief of the AFP public information office.

Bacarro gave reporters a list of some of the pending cases, which identified former RSBS president Jose Ramiscal as among respondents.

"This would just show that indeed there have been efforts to really determine the culpability and identify persons who are parties, who have had hands in these anomalies," he said.

Bacarro could not say how much money was involved in the cases.

"I don’t have it right now," he said.

Bacarro said Defense Secretary Avelino Cruz and AFP chief Gen. Hermogenes Esperon are "bent on going after those who have committed infractions in the operation of RSBS."

Told some of the cases have been pending before the anti-graft court for several years already, Bacarro said: "I am not privy to the merits of the case. It’s beyond us. We have submitted it already to the Sandiganbayan."

Asked if the number of cases filed is an indication of rampant corruption in the RSBS, Bacarro said: "I cannot say that. That is the internal dealing of the RSBS which I’m not privy to."

On whether the military will take efforts to speed up the resolution of these cases, Bacarro said: "There will be some efforts to expedite (the cases). This is entirely in the hands of the Sandiganbayan."

Jose Nano, RSBS executive vice president, denied that the RSBS is bankrupt.

Cruz, in announcing the RSBS’ abolition last Monday, described the investment fund as a "hopeless case" and as "bankrupt."

Nano, who assumed the post just five days ago, said the RSBS posted a P14 million profit last year.

In the past two years, RSBS recorded profits of around P120 million.

The RSBS has assets of P11.6 billion. It collects at least P700 million a year from contributions from the 120,000 active members of the military. Soldiers make monthly contributions of 5 percent of their base pay.

Of the P700 million collection, around P400 million goes to the retirement pay of retirees while the remaining P300 million goes to the operational expenses and salaries of RSBS officials and employees.

Nano said the RSBS has settled over the past five years the P5 billion borrowed from various banks by previous RSBS leaderships. The loans were used to acquire real estate properties. Since 2000, the RSBS had been under the leadership of Cesar Jaime. Jaime has tendered his resignation effective Oct. 15.

‘DON’T BLAME US ALL’

Nano met with the RSBS rank and file to inform them how they would be compensated by government upon the agency’s abolition. The employees will receive benefits due them under the law.

During the meeting, Gina Lee, head of the RSBS account management department, bewailed insinuations that all officers and employees of RSBS are corrupt as she expressed fear this would impact negatively on them when they apply for new jobs.

Lee said the rank and file should not be blamed for the corruption in the institution.

Lorna Lanoza, RSBS vice president for corporate planning, expressed frustration over how the RSBS is being blamed on them.

She said when they appeared as resource persons in Senate investigations during the Estrada administration, they made public the problems at the RSBS and proposed its rehabilitation.

Lanoza said they also brought up the problems before the Feliciano Commission that investigated the Oakwood mutiny. The Senate blue ribbon committee and the commission recommended the abolition of RSBS.

Former AFP chief Gen. (ret.) Lisandro Abadia, who is under investigation by the Ombudsman for the approval of an alleged anomalous P277 million loan, justified the decision of RSBS board of trustees to go into the real estate business in the early 90s.

CORPORATE DECISION

Abadia said the RSBS posted P1.5 billion in profit from 1991 to 1994 "because of the boom in the real estate."

He said the board of trustees, which he chaired as AFP chief during the Aquino administration, later decided to resort to borrowings to buy more lands.

When the financial crisis struck, the RSBS began incurring losses.

"I can’t blame the board of trustees at that time. It was a corporate decision," he said. "But something went wrong somehow."

"I am the high-profile scapegoat," he added.

Ramiscal, a retired general, and three others were accused of an alleged overpriced purchase of 148 parcels of land for P167.6 million.

In 2004, then AFP chief Gen. Narciso Abaya ordered the shutting down of five RSBS subsidiaries – RSBS Enterprise, Globan Fruits and Development Corp., Goodfit Manufacturing Corp., CEMX Inc., and RSBS Land – to avoid further losses.

Abadia supported a statement of Sen. Rodolfo Biazon, a former AFP chief, that the abolition of the RSBS might be illegal.

"RSBS was created by law. Senator Biazon is right, a law should abolish it…The decision (to abolish RSBS) came out so suddenly," he said.

The RSBS was created in 1973 by a presidential decree issued by President Ferdinand Marcos, who provided seed money of P200 million, with the vision of establishing a self-sufficient fund that would meet the retirement and pension needs of the soldiers.

Senators called for an investigation and audit of perks received by military officials who took turns in running the RSBS.

"Operating expense includes huge allowances. We will look into how much these allowances are. I understand, there are news reports about fantastic allowances of these officials," said Sen. Franklin Drilon, chairman of the Senate finance committee.

PRUDENCE

He said the RSBS contributions are "trust funds."

"Therefore, they (RSBS officials) must exercise the prudence of a good father of a family in handling these trust funds. That duty includes the duty to exercise prudence in the allowances
that they get," he said.

"Kung dambula ang mga allowances nila, may karapatang magalit ang pangkaraniwang sundalo," he added.

Cruz, during a hearing of his department’s proposed budget, said operating allowances eat up the budget of the RSBS to the tune of P300 million to P400 million a year.
He said the pension fund employs 200 personnel.

"Kinakain ng operating expenses yung assets namin. Hindi kumikita yung kumpanya. There will come a time na babagsak na yung assets below the contributions. Kaya kailangan ho isara na talaga ngayon, i-liquidate na yung assets," Cruz told senators.

He said from the "ashes" of RSBS, a new and efficient pension fund would be created. This would be run by professional managers and could yield 8 to 9 percent interest on soldiers’ money. The current interest is 6 percent.

RSBS AUDIT

Cruz said the RSBS is conducting its own "comprehensive audit" of the pension fund’s assets based on a grant from the World Bank through the Department of Finance.

He said the audit will include all the operations of RSBS up to June of this year.
The audit was in line with a recommendation of the Senate blue ribbon committee, which investigated the RSBS years back.

"This is not yet finished because I want it to be up to June 2006. So hopefully, in the next several weeks, we will have this completed study, that we will also submit to this committee," he said.

Cruz said RSBS has "little cash" and a net asset of P11.6 billion.
Drilon said liquidating the assets could take time.

"You will never know when you’ll able to realize cash out of these fixed assets if you’re going to convert it into cash," he said.

Cruz said the little cash is enough to cover the pension’s funds obligations to its contributors.
Drilon nevertheless said the fact that RSBS’ operating expenses are very high indicates that some RSBS officials are getting hefty allowances.

"They should jail all those who are responsible for this. It is totally unfair to our soldiers whose pensions are prejudiced by this crime committed by the management of RSBS," he said.

He added: "I feel strongly about that. These are ordinary soldiers. Ito po ay mga pangkaraniwang sundalo na nagbigay ng pondo sa RSBS at winaldas ng mga opisyales. Ito po ay hindi tama. Ito po ay kasalanan hindi lamang sa mga sundalo, pati na sa mga pamilya ng sundalo."

MILKING COW

Minority leader Aquilino Pimentel said some high ranking military officials have turned the RSBS into a "milking cow" through their "anomalous" transactions.

He said a Senate probe on the RSBS from 1998 to 2000 revealed that the pension fund was grossly mismanaged.

Pimentel said among the anomalies uncovered by the committee was the overpricing of real estate properties purchased by the RSBS, which he said contributed to the dissipation of its resources.

The Senate blue ribbon committee also recommended the prosecution of a number of RSBS officials and other individuals involved in the irregularities.

"The investigation by the blue ribbon committee showed that the RSBS became a milking cow of unscrupulous people who ran it," he said.

"It is time that it be disbanded. But care should be made that in disbanding it, the culprits, some of whom are now charged in court upon the prodding of the blue ribbon committee, do not go scot-free and its beneficiaries, especially the ordinary soldiers, should be properly compensated for the money they put into the RSBS," he said.

Cruz said RSBS has properties in Silang, Cavite; a 169-hectare lot in Morong, Bataan; four hectares in the Mall of Asia in Pasay; 180 hectares in Batangas; and, a building in Binondo, Manila.

5,000 RETIREES YEARLY

Biazon said AFP and Malacañang officials should assuage fears of soldiers that they would lose their contributions.

He said 5,000 AFP soldiers retire every year with P100,000 in benefits from RSBS.

He recalled that when he retired, he received P85,000.

Biazon also said soldiers are wary that AFP officials who were implicated in the alleged mismanagement of the pension fund would go scot-free after its abolition.

"Papano na ang mga may kasalanan doon (sa) pagkawala ng malaking pera sa RSBS? There are still pending cases before the Sandiganbayan of the previous members of the fund," he said.

Biazon also said the total worth of RSBS was estimated at P18 billion four years ago but this is now down to P11 billion.

Biazon said RSBS funds should have grown to P32 billion by now if only it was managed properly.

Rep. Gilbert Remulla (NP, Cavite) said the RSBS fund mess could spark military adventurism.
"Delikado iyan. This problem will definitely contribute to an already restive military," he said.

Rep. Roilo Golez (Ind., Parañaque), also a member of the opposition and former chair of the House committee on national defense, said the AFP and the defense department should make good in explaining how the RSBS went bankrupt.

Golez lamented that the RSBS funds, which he said came from soldier’s "blood and sweat," went missing.

OPPORTUNISTS

In a joint statement, majority congressmen said "political opportunists" might take advantage of the situation.

Representatives Antonio Cerilles (NPC, Zamboanga del Sur) and Rep. Monico Puentevella (Lakas, Bacolod City) dispelled talks that the issue could cause restiveness in the military.
Cerilles said some quarters "may try to harp on the RSBS fund mess knowing that soldiers are sensitive on this issue."

"We urge our soldiers not to listen to these nasty and baseless rumors. We remain confident on the professionalism of our soldiers as the bulk of our AFP did not join past coup attempts," he said. – With Dennis Gadil, Wendell Vigilia and Jocelyn Montemayor

Another fertilizer fund scam in the works? - Malaya 10.05.2006

BY DENNIS GADIL

THE Senate finance committee yesterday sought assurance from the Department of Agrarian Reform that a P1 billion bridge construction program in its budget for 2007 intended to benefit farmers would not go the way of the fertilizer fund scam during the 2004 elections.

"Ating titingnan na ito ay hindi magiging fertilizer fund scam muli dahil may halalan muli sa susunod na taon," Sen. Franklin Drilon, committee chair, said.

Drilon said he was convinced by assurances from DAR officials that no funds for the "Tulay ng Pangulo sa Magsasaka" would be diverted to other government agencies.

He said the bridge program aims to connect by bridges all of DAR’s agrarian reform communities (ARCs).

Drilon said the project is unprecedented. "This is the first time that DAR is involved in this bridge program, to our recollection," he said.

He said the bridge program, funded by P11 billion borrowed from the United Kingdom, runs until 2012.

Drilon added: "We want to make certain is that this P1 billion bridge program will not suffer the same fate as the P900 million fund that was transferred just before the election from DAR to DPWH (Department of Public Works and Highways)."

Drilon was referring to the agrarian reform fund which was released to the DPWH just before the 2004 elections.

Opposition groups have said that the funds were used to buy support of local government leaders through infrastructure projects.

In its probe on the P728 million fertilizer scam, the Senate committee on agriculture and food chaired by Sen. Ramon Magsaysay Jr. found that the funds were released to congressional districts and local government units.

Magsaysay’s panel also recommended that criminal charges be filed against officials of the agriculture department led by former undersecretary Jocelyn Bolante.

The Senate has issued arrest warrants against Bolante. He was arrested last July by US immigration agents after the US Embassy canceled his visa upon the request of Magsaysay.

CA confirms appointments of 31 diplomats - Malaya 10.05.2006

THE powerful Commission on Appointments (CA) yesterday gave its nod to the appointment of at least 31 diplomats led by new Philippine ambassador to United States Willy Gaa.

Gaa is a career diplomat and was the number two man in the Philippine Embassy in the US with the rank of consul general.

The bicameral panel, however, held in abeyance the confirmation of former Guimaras Gov. Imelda "Emily" Relucio-Lopez as ambassador to Italy, which is strongly opposed by Sen. Sergio Osmeña III.

Sen. Miriam Defensor-Santiago, CA committee on foreign affairs chairman, said the confirmation of Lopez was not taken up in yesterday’s plenary session because President Arroyo has extended the term of outgoing ambassador Philippe Lhuillier.

"There is no vacancy, so there can be no nomination for the post in Rome," Santiago said.
She said what is vacant is the post of ambassador to Argentina, which was initially given to Lhuillier.

Lhuillier reportedly already took his oath of office as envoy to Argentina but Santiago said the oath has been superseded by the term extension.

Lopez said she was informed a month ago of the extension. "We’re both happy with the arrangement. In his case, his children would be able to finish school while I could focus on the crisis in Guimaras and also attend to the family business," Lopez said.

She said she does not expect to be given a new posting but admitted she still hopes to get the Italian ambassador’s post in 2007.

Osmeña has been opposing her confirmation on the grounds of her questionable tax payments and questionable marriage to former Iloilo Rep. Albertito Lopez.

Senate sources said the extension of Lhuillier as envoy to Italy was Malacañang’s way of averting a head-on collision with Osmeña and the entire CA. Osmeña apparently agreed not to raise objections to AFP chief Hermogenes Esperon’s confirmation but maintained that he would not give an inch to Lopez.

Esperon got a double confirmation last week when the CA approved his promotion as three-star and four-star general on the same day.

Aside from Gaa, the CA also confirmed the appointment of former journalist Noel Cabrera as envoy to Myanmar; Rosario Janolo as representative to the UN Environmental Programme (UNEP) and envoy to Congo, Burundi, Ethiopia, Rwanda, Seychelles, Eritrea, Somalia, Tanzania and Uganda; Antonio Villamor, ambassador to Saudi Arabia; and, Antonio Lagdameo as envoy to Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama. – Dennis Gadil

DND allays fears on RSBS dissolution - Malaya 10.05.2006

THE Department of Defense yesterday said the new pension fund that will replace the cash-strapped Retirement and Separation Benefits Systems [RSBS] will apply to new recruits while current RSBS members have nothing to be alarmed about since some P10 billion in pension funds for their retirement will continue to be funded through the General Appropriations Act.
Defense Secretary Avelino Cruz said current RSBS members would still be required to continue their monthly contributions.

Cruz announced last Monday the dissolution of RSBS by year-end due to its "irreversible collapse" and "bankruptcy."

He said RSBS members should not worry even as Senate committee on national defense chair Rodolfo Biazon warned Malacañang and the AFP to "carefully resolve and carefully explain" the RSBS dissolution to the soldiers if they do not want it to become another issue "that could produce instability" in the AFP ranks.

Biazon said RSBS was created under Presidential Decree 361 and can only be dissolved by legislative action. Cruz himself said a newly formed DND-AFP committee is crafting a bill for submission to Congress before the year ends for the creation of a new system.

By end 2005, Cruz said the RSBS had a total of P11.6 billion in assets, P9.6 billion of which are invested directly in real estate and realty-related equity investments. The rest are in cash or invested in stocks.

Defense undersecretary Cecilio Lorenzo, who chaired the financial study made on RSBS, said the system’s assets, like the Riviera Golf course and Riviera town and country club in Cavite, will be gradually sold.

Lorenzo said his committee recommended the closure of RSBS because it will not be able to achieve sustained self-sufficiency due to inherent flaws in the retirement law itself and in its benefits features, particularly the refund of contributions plus six percent interest upon the retirement of the member.

He said such an interest rate cannot be supported by "even the most prudent investment management."

Cruz said the RSBS income is "insufficient" to cover the six percent interest. He said RSBS and its subsidiaries only posted a P40 million profit last year, from P127 million in 2003 and P223 million in 2004.

The RSBS collects about P700 million yearly from contributions of those in the active service, with P400 million of it funding the retirement fee of retirees. It spends P210 million for its operations and P90 million for salaries of employes.

"Transferring the funds to professional trust fund managers in the DBP and the Land Bank will result in a better yield that will ensure the return of contribution of our soldiers plus six percent interest per annum upon their retirement," said Cruz. He said this will also insulate the funds from being eaten up by the operating cost of RSBS.

Cruz said the new scheme for new recruits would involve a counterpart contribution from the national government. "It will include strict guidelines on organization powers, functions and very critically, very strict investment criteria of where these funds will be invested," he said.

The RSBS was created by President Ferdinand Marcos in 1973 and provided a seed money of P200 million. The intention was to create a self-sustaining funding mechanism that would cater to pension and separation requirements of the soldiers.

The system, however, failed due to liquidity problems caused by mismanagement. A number of past RSBS officers are facing graft charges for entering into questionable deals during their tenure.Cruz said the deactivation of RSBS will not stop the prosecution of ex- RSBS officials, including former AFP chief Gen. Lisandro Abadia and former RSBS president Jose Ramiscal. – Victor Reyes and Dennis Gadil

‘Ombudsman decisiona case for Ripley’s’ - Malaya 10.04.2006

Gutierrez urged to resign for clearing Comelec in P1.3B computer scam

BY WENDELL VIGILIA AND DENNIS GADIL

THE United Opposition yesterday said President Arroyo should consider submitting the decision of Ombudsman Merceditas Gutierrez clearing officials implicated in the P1.3 billion Mega Pacific poll automation deal to Ripley’s Believe It or Not in the category of "how not to fight corruption."

Rep. Alan Peter Cayetano (NP, Taguig-Pateros), a deputy minority leader, said the Arroyo administration "has mastered the art of cover-up, making it appear that it is but a regular policy of the government."

"Nuong eleksyon, may dayaan pero wala naman daw nandaya. Sa fertilizer scam, may overpricing pero wala naman daw nag-overprice. Ngayon naman may kaso pero walang kriminal. This is the government’s best entry to Ripley’s Believe It or Not," he said.

Sen. Joker Arroyo said the "outrageous" ruling was either part of a cover-up or of a collusion.
"This has never happened in the past," he said. "What is sacrosanct about the Comelec? This was a compromise to save the souls of Comelec officials," he said.

Senate minority leader Aquilino Pimentel warned that the Ombudsman might have inflicted a "mortal wound" on itself.

Pimentel said it is outrageous and unthinkable that the Ombudsman would come up with a decision on a patently flawed transaction that exonerates the Comelec and Mega Pacific executives who were responsible for it.

In a 52-page resolution, the anti-graft body on Monday reversed its June 28, 2006 ruling that recommended the indictment of five Comelec officials and six incorporators of Mega Pacific eSolutions for graft and the filing of impeachment charges against Comelec Commissioner Resurreccion Borra.

The latest ruling is also in sharp contrast to the June 23, 2005 resolution of a panel of Ombudsman graft investigators that recommended the filing of impeachment complaints against Chairman Benjamin Abalos and Commissioners Borra, Mehol Sadain and Florentino Tuazon on the grounds of graft and corruption and betrayal of public trust and held retired Commissioners Luzviminda Tancangco and Pablo Ralph Lantion liable for two counts of graft each.

The panel of investigators headed by Overall Deputy Ombudsman Orlando Casimiro said it "cannot find an iota of evidence to show that the acts of BAC (bids and awards committee) in allowing MPC (Mega Pacific Consortium) to bid and its subsequent recommendation to award Phase II Contract to MPC constitute manifest of (sic) partiality, evident bad faith or gross inexcusable negligence."

Cayetano said Gutierrez, a classmate of presidential spouse Jose Miguel Arroyo, should resign.

Cayetano said that by abetting and covering up graft and corruption, the Arroyo government is destroying democratic institutions.

Rep. Joel Villanueva of the party-list Citizens Battle Against Corruption said that by absolving election officials from the "computerization scam," the Ombudsman has made it appear that the SC erred in voiding the contract and in ordering the anti-graft body to undertake an investigation.

The Supreme Court in January 2004 voided the contract for the supply of 1,991 counting machines, citing irregularities in the composition of the consortium and violations of the bidding rules.

"Ang sitwasyon ngayon tuloy ay may krimen pero walang kriminal. Only in the Philippines," Villanueva said.

House minority leader Francis Escudero, UNO secretary general, said: "There seems to be inconsistency and conflict between the SC view, decision and opinion on the matter compared to Ombudsman. Only one of them can be correct and there’s no way that both decisions can stand side by side."

Senator Arroyo said that never in his long years of practice as a lawyer has he seen the Ombudsman effectively overturning the ruling of the Supreme Court.

The Senate blue ribbon committee chaired by Arroyo conducted a probe and found out that the bidding rules were rigged to favor one single bidder, Mega Pacific.

The committee also demanded the resignation of Comelec officials involved in what it said was an anomalous transaction.

OUTRAGEOUS, UNTHINKABLE

The committee said the contract was awarded to Mega Pacific "despite the fact that the
machines failed the technical test of the Department of Science and Technology."
Sen. Franklin Drilon said the Ombudsman ruling should be questioned before the Supreme Court.

"The Ombudsman doesn’t have the last say. It is the Supreme Court," Drilon said.

Pimentel, one of the complainants in the Supreme Court case along with Kilosbayan of former Senate president Jovito Salonga, said there is neither rhyme nor reason behind the ruling.
"This is ridiculous but also saddening. Perhaps this is the first time that a lower authority (the Ombudsman) has overturned the verdict of the highest court of the land," he said.

Pimentel said the Ombudsman’s recommendation runs counter to the reported findings and
recommendations by its Field Investigation Office (FIO).

The FIO’s recommendations, submitted to Gutierrez on Sept. 4, 2006, recommended that all the sitting Comelec commissioners at the time the voided poll computerization contract was signed be held criminally, administratively and civilly liable .

The FIO likewise recommended that officials of the Comelec bids and awards committee, namely Eduardo Mejos, Gideon de Guzman, Jose Balbuena, Lamberto Llamas and Bartolome Sinocruz Jr., be held for graft.

The FIO made this recommendation based on its findings that the bidding process was tainted with irregularity; Mega Pacific did not have the required three-year track record for the project; the automated counting machines turned over by Mega Pacific failed tests aspects and the Mega Pacific contract was grossly disadvantageous to government.

Pimentel said the legal battle is far from over because the complainants can file a motion for reconsideration with the Ombudsman. If the Ombudsman affirms its ruling, the case can be appealed to the Court of Appeals and it may reach the Supreme Court.

Salonga in a press statement deplored the Ombudsman’s decision

"The brazen somersault, led by recently appointed Deputy Ombudsman Orlando Casimiro on the Comelec Modernization Scam, is an unthinkable reversal of the oft-quoted, widely applauded decision penned by then Justice (Artemio) Panganiban in January 2004; a challenge to the unanimous findings of the Senate blue ribbon committee, headed by Senator Joker Arroyo, and approved by the whole Senate in the plenary session of December 12, 2005; and an inept, obscene attempt to cover up the truth, the facts and the evidence stated only a few days ago in the Ombudsman Field Investigation Report of highly respected Maria Elena Roxas, Graft Investigation and Prosecution Officer II."

"Ombudsman Merceditas Gutierrez, who had assured the media at the time she was appointed she would not be another puppet and that she would be ‘merciless,’ must not hide behind the pants of Casimiro, her own appointee. She must make a clear choice between Casimiro, on one side, and the Supreme Court, the Blue Ribbon committee, the whole Senate and Maria Elena Roxas, on the other. If she upholds what Casimiro has just done – with ‘grave abuse of discretion amounting to lack of jurisdiction’ – absolving all the Comelec officials, the Mega Pacific Consortium and e-Solutions, she should be prepared to argue her own case in the Supreme Court, in the Senate, before her dissatisfied subordinates in the Office of the Ombudsman, and finally, in the court of public opinion." Salonga said.

SC RULING STANDS

SC spokesman Ismael Khan Jr. said the SC’s ruling nullifying the computerization contract stands.

"The Court’s decision voiding the automation contract is for its finding of an irregularity, which is a matter separate from the culpability aspect. Kaya binigyan ang Ombudsman ng directive to determine probable cause," he said.

Khan said Kilosbayan and Pimentel may raise the matter before the SC "if they think there is grave abuse of discretion on the part of the Ombudsman."

Former Comelec chairman Christian Monsod said the poll body might feel vindicated by decision but it would not salvage its tainted credibility.

"I think it is an attack on the Supreme Court decision. How can all the accused come out with a clean bill of health? There is no administrative or criminal liability whatsoever?" he added.

Executive Secretary Eduardo Ermita said the Palace did not influence the Ombudsman’s decision.

"There’s no such thing. That’s an independent action by the Ombudsman," he said in a media briefing.

Justice Secretary Raul Gonzalez said Malacañang has no jurisdiction over the Ombudsman, which is an independent constitutional body.

Gonzalez said anybody can question the decision of the Ombudsman before the SC.He said the automated counting machines could not be used for the 2007 elections because the SC has already ruled against it. – With JP Lopez, Evangeline de Vera, Gerard Naval and Regina Bengco

The cat is out of the bag on Erap’s XXX video - Malaya 10.04.2006

MARIA Consoliza Laguardia, chair of the Movie and Television Review and Classification Board (MTRCB), yesterday told a Senate budget hearing that "politics" was behind the "triple X-rating" on the video-documentary on the life of President Joseph Estrada.

Laguardia said the review panel of the MTRCB found the biopic as "destabilizing, undermining faith and confidence to government, defamatory to government and constitutes contempt."

Laguardia said the film material also contained "defamatory" claims against personalities and those who have died.

"Cardinal (Jaime) Sin is already dead," she told the Senate committee on finance chaired by Sen. Franklin Drilon.

Laguardia said the "triple X" rating meant the video was unfit for public viewing.

Drilon said there was nothing new on the "four counts" of violations found by the MTRCB.

"It (undermining faith in the government) is done by the opposition everyday. I have seen the Erap movie and no one in his objective mind would make it triple X. You just made it more popular," Drilon said.

He added: "How did the Erap (Estrada) film get an triple X? Nag-burlesque ba si Erap dito?"
Drilon said "slighted" personalities featured in the film could always sue for libel.

"You imposed arbitrary standards in order to classify this as ‘triple X’," Drilon said.

Laguardia said the panel’s recommendation has been submitted to Malacañang.

Sen. Jinggoy Estrada has said the biopic in DVD form will be directly released to the masses despite the triple-X rating.

The neophyte senator said he and his family were not at all surprised by the action of the MTRCB.The documentary "Ang Mabuhay Para sa Masa," produced by Public Asia Inc., features Estrada’s childhood, school days, his movie career and his rise to the presidency. – Dennis Gadil

Clashes erupt over terror bill, budget at Senate - Malaya 10.04.2006

ANOTHER Senate drama unfolded yesterday afternoon after Sen. Juan Ponce Enrile and minority leader Aquilino Pimentel Jr. clashed verbally over the former’s motion to terminate floor debates and proceed to voting on his proposed anti-terrorism bill.

Enrile blamed his colleagues for delaying the measure’s passage through their "reservations."
Sen. Jamby Madrigal, with whom Enrile had also been at odds months ago, was among those who expressed reservations on the measure. She had not yet arrived when the heated exchange flared up.

Enrile’s motion to end debates was seconded by Sen. Richard Gordon but Pimentel stood up to shoot down the motion.

He said, while gesticulating to stress his point, that Enrile should not rush the measure’s passage as if he was trying to dominate the deliberations. "I would like to ask our colleague not to try dominate the proceedings. You’re supposed to be here as senator, no need to intimidate any of us because we’re peers and this is a civilized forum but we’re free to state our views," Pimentel said.

Enrile in turn warned Pimentel not to point his fingers at him.

Pimentel said the bill was not even on the priority agenda of the Senate for that day since it was listed as Number 3. He said the list of would-be interpellators for Enrile numbered four senators, excluding himself and including Madrigal who, he added, was the original oppositor to the motion to terminate floor debates on the bill.

"I’m not even mentioned there yet, therefore, I would like to say perhaps the motion to terminate the period of interpellation may not be proper at this point," Pimentel said.

Senate President Manuel Villar suspended the session to allow the two members to cool down.

But a still furious Enrile was overheard by Senate employes and members of the media dishing out expletives.

"Tarantado iyang si Pimentel. Pagsasampalin ko ang mga iyan. I know what I’m doing. I don’t care about the other people here," he was overheard as saying.

A television crew also overheard Enrile blurting out: "Pag ganitong mainit ulo ko, huwag kayo hahara-hara, mainit ang ulo ko."

In a huddle with senators trying to pacify the two, Enrile apparently told Pimentel: "If you can do that to me, I can do that to you also." Enrile was referring to Pimentel’s pet measures which he could also block when they reach the floor.

Prior to the heated exchange, Senators Panfilo Lacson and Joker Arroyo also briefly tangled over a motion of Lacson’s to suspend the session to allow the Senate finance committee to resume its budget hearings.

Lacson said the national budget is the most important piece of legislation and should be given utmost time and attention.Arroyo opposed the motion and stressed that while the national budget is very important, the Senate should not forsake its sessions. He said all committee hearings must cease once the session starts. – Dennis Gadil

Frustrated in anti-pork drive, Ping eyes Manila mayoralty - Malaya 10.03.2006

BY DENNIS GADIL

SEN. Panfilo Lacson is mulling a run for the mayoralty of Manila next year, saying there is a better chance that his anti-corruption advocacy would succeed if he would work on the ground.

He said his fight against pork barrel in the Senate is often drowned by the tyranny of numbers.

He said his advocacy has earned only few co-champions in the Senate, whose members are entitled to at least P200 million of countrywide development funds every year.

"You want to pursue an advocacy, you cannot because you are governed by numbers," he said.

"I feel very strongly against pork barrel. I feel legislators and other officials are stealing the money of taxpayers in using pork allocations," he said.

Pork barrel allocations are said to be source of kickbacks, with the legislators’ take ranging from 20 to 30 percent of the entire project cost.

The funds are tucked in the Malacañang-proposed national outlay passed by Congress each year.

Lacson never touched his pork barrel allocation since he was elected senator in 2001.

"I came from an executive position. I was CPNP (chief of the Philippine National Police) and I miss those days I could handle things hands on," he said.

Lacson nevertheless said he is not ruling out a run for re-election.

He said he is having talks with political parties with the objective of fielding a unified opposition ticket next year.

Lacson’s name has consistently cropped up in the list of leading candidates for mayor of Manila.

Mayor Lito Atienza is on his last term.

The list includes Sen. Alfredo Lim who is a former Manila mayor, Manila Rep. Joey Hizon, former Manila Rep. Mark Jimenez and Imelda Romualdez Marcos.

No reason to torture honest nurses: Recto - Malaya 10.02.2006

SEN. Ralph Recto yesterday said nursing students who took and passed the recent licensure examinations in the Visayas and Mindanao should be exempt from the retake order of Malacañang since the National Bureau of Investigation’s probe established that cheating was confined only to Manila and Baguio City.

"Why punish them when they were far from the scene of the crime so to speak? Proximity, or the lack of it, rules them out as participants in the cheating," said Recto, who is up for reelection next year. He also batted for the exemption of those who took the test in three Luzon cities - Legazpi, Tuguegarao and Lucena.

He said examinees from Visayas, Mindanao, Southern Tagalog, Bicol and Cagayan Valley passed the 500-question test "fair and square." "If there’s robbery in Manila , would you take the fingerprints of people in far away Zamboanga? I don’t think the leaked questions were transmitted through mental telepathy," he said.

The June 11and 12 tests were held in the cities of Cebu, Iloilo and Tacloban in the Visayas; and in Cagayan de Oro, Davao and Zamboanga in Mindanao. With Cebu as the center, which is good for at least two million votes, Visayas and Mindanao could easily give a national candidate some six million to 10 million votes.

President Arroyo last week ordered a retake after months of dilly-dallying on the issue. Last Friday, however, the Palace quickly put the presidential order on hold after being reminded by the Professional Regulation Commission (PRC) that a petition filed by the UST College of Nursing to stop the oath-taking of those who passed the test was still pending with the Court of Appeals.

The retake is set to be held after the December licensure tests and its cost will be shouldered by the government.

The Health Alliance for Democracy (HEAD) meanwhile accused President Arroyo of adding political color to the already murky situation by ordering a retake. "GMA’s intervention has confirmed fraud (in the exam) but (it is) very political. It was meant more to please and assure foreign recruiters than justice for examinees," said HEAD public information officer Philip Paraan.

Paraan also said PRC should remain independent and should not have been placed under the Department of Labor.

Labor Secretary Arturo Brion, in a separate interview, clarified that DOLE will not control the operations of PRC. "In the (executive order) the instruction there is for DOLE to provide general direction and coordination to PRC, meaning we will only provide guidance and monitor the operations for the Office of the President but not control them," Brion explained. – Dennis Gadil and Gerard Naval