Centrist Democracy Political Institute - Items filtered by date: February 2017
A lawmaker on Monday claimed the ruling coalition has mustered enough votes to pass the death penalty bill in the House of Representatives.

Rep. Stephen Paduano of Abang Lingkod party-list made the statement ahead of the caucus of administration lawmakers in connection with the plenary debates on the death penalty measure.

“The ‘yes’ vote [for death penalty]in the House has now the [majority]number. I’m a member of the Visayan bloc. Last week we had a meeting. Out of 41 congressmen out of the Visayas bloc that’s headed by Congressman Benitez, only six of us will vote ‘no,’” Paduano told reporters.

He was referring to Rep. Alfredo Benitez of Negros Occidental.

“For the party-list coalition [of which I am also a member], more than half of the 40 of us will vote ‘yes,’” Paduano added.

The Super Majority bloc in the House of Representatives is composed of the ruling PDP-Laban, the Nationalist People’s Coalition, Nacionalista Party, National Unity Party, Liberal Party, Lakas-CMD and the party-list coalition.

Paduano, however, won’t vote for death penalty even if he belongs to the Super Majority.

“I believe everyone deserves a second chance. That is my faith and that is my religious belief. I believe congressmen should vote based on their conscience in this issue,” Paduano said.

Buhay party-list Rep. Jose Atienza, who opposes the bill, said the House should not be a stamp pad of the administration and should not blindly follow the orders of the President.

In a forum in Manila, he said the bill would only benefit the well-off as the justice system is stacked against the poor.

“As long as the criminal justice system is corrupt, we will not be able to fight effectively, criminality with death penalty,” he said.

Death for plunder, treason, drugs

The proposed death penalty bill will be amended to spare convicts of drug possession from execution, House Majority Leader Rodolfo Fariñas of Ilocos Norte said Monday.

Fariñas made the announcement after the caucus of administration lawmakers.

Crimes punishable by death penalty will include plunder, treason, and drug-related offenses except drug possession.

“Upon our agreement, we will introduce an amendatory bill. We removed [drug]possession,” Fariñas told reporters.

Under the Comprehensive Dangerous Drugs Act of 2002, a drug possession offense is punishable by life imprisonment to death when a person carries: 10 grams or more of opium; 10 grams or more of morphine; 10 grams or more of heroin; 10 grams or more of cocaine or cocaine hydrochloride; 50 grams or more of methamphetamine hydrochloride or “shabu”; 10 grams or more of marijuana resin or marijuana resin oil; 500 grams or more of marijuana; 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDA) or “ecstasy”, paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and their derivatives..

If a person carries illegal drugs less than the threshold, the punishment is reduced to life imprisonment.

The death penalty bill was abolished in 2006 during the presidency of Gloria Macapagal Arroyo. This meant that the harshest punishment for drug possession offenses, regardless of the amount of drugs in possession of, is lifetime imprisonment.

Explaining the limited scope of the bill, Fariñas said: “The compelling reasons are present in these crimes. We should send a message to our people that giving aid and comfort to the enemy (treason) is a heinous crime which would merit death penalty, depending on the circumstances.”

“We also maintained that plunder is covered [in the bill],” Fariñas added.

However, he did not specify the threshold on when drug possession would be upgraded to a drug trafficking offense.
Published in News
Tuesday, 21 February 2017 09:42

Legacy Islands on Water

IN Asia alone, there are 17 reclamation projects of note, such as: the coastlines of Mumbai, India; the coastlines of Mainland China, Hong Kong, North Korea and South Korea; the inland lowlands of the Yangtze Valley, China, including Shanghai and Wuhan; the coastline of Karachi, Pakistan; part of Hamad International Airport; the entire island of The Pearl-Qatar situated in West Bay (Doha) Qatar; Hailou Bay, Hainan Province, China as well as the west side of Haitian Island and Haikou City are all being extended; Cotai Strip in Macau; Nagoya Centrist Airport, Japan; Incheon International Airport, South Korea; Beirut Central District, Lebanon; and Europe, Africa and the Americas have their share of reclamation projects, too.

The Philippines has 7,641 islands and this number could still grow through land reclamation. What reclamation? The so-called enemy of environmentalists, right? But hold it and let’s see what kind of reclamation this is, considering we have lessons learned from the reclamation of Manila Bay in the past.

The Philippine Reclamation Authority (then known as the Philippine Estate Authority per EO 380 as of 2004) is set to build what is known as Legacy Islands on Water. Conscious of the issues attached to reclamation, the PRA has adopted three strategies: 1) purposive reclamation; 2) protective reclamation and 3) capacity development.

Purposive reclamation refers to Legacy Island on Water, or LIoW, that is “liveable, resilient, safe, sustainable, green, generative, pro-people, future-proofed and innovative, and a smart community.” On LIoWs and related developments, “the integration or combination of economic zones, smart community infrastructure, mangroves, flora and fauna eco-systems, renewable energy facilities, coastal protection structures, green landscapes and blue water, socialized housing units, water collection systems, waste management methodologies, public access networks, and mixed-used development are critical.”

Protective reclamation refers to an integrated coastal defense development based on the model funded by the Kingdom of the Netherlands for the “Coastal Protection Strategy for the City of Tacloban and Municipality of Palo, Leyte.” The PRA will seek assistance from donor and multi-lateral agencies, foreign governments and partner organizations to finance and conduct other studies for storm surge and coastal flooding-prone areas identified in the study. Preliminary inspection and assessment of the cities of Butuan, Bislig and Surigao have been conducted.

Organizationally, PRA Learning Ecology has been established. Capacity development programs, at the professional and personal levels, have been identified. If PRA has a green army, reclamation won’t be a zero-sum game.

Imagine a Philippines with additional destinations, self-contained agricultural estates, dairy farms, logistic hubs, tree farm islands; renewal energy model islands that can harness energy for use in the island and as inputs to grid in the main islands, etc. The possibilities are limitless. What if the areas that are part of our territory where there were land bridges before are reclaimed? Think about the possibilities but yes, as in other forms of development, there are issues on reclamation. There are advantages and disadvantages of land reclamation and knowing these is a sure way of avoiding and working around the issues.

Land reclamation means “more land has been made available for development. More buildings and infrastructure can be built, and also for other reasons.” The ability to connect the islands by ports, bridges, rails and airstrips are made easier. It may not be a concrete jungle but eco-tourism zones and industrial estates or model smart cities can be the blueprints. They can be the gems of federalism because the legacy islands will become the magnets of growth.

The disadvantages are aplenty as documented from various experiences: “Much greenery has been removed in order for the land needed. Land reclamation can be damaging to corals and marine life. Corals are usually moved to another place when land is to be reclaimed. The corals might not be able to survive in that certain habitat, and thus die out. In some countries, where the project is large-scale, they do not even bother to re-plant the corals elsewhere, instead just reclaim the land on their habitat, causing them to die out immediately. Marine life, such as fishes, might not have enough food after the underwater plantations are destroyed due to reclamation of land. This applies to the food chain. The waters might also be polluted from the soil used to reclaim land, causing the fishes to die and blocking out sunlight, depriving the underwater plants of growth. Marine habitats are also destroyed, as mentioned earlier; therefore, the marine creatures would be forced to move to another new habitat.” Can we mitigate the disadvantages? Manila Bay was reclaimed in the 1970s-1980s. The second phase took place in the 1990s. We learned from such plans and with new technology can do better reclamation today.

As in mining, the rigid environmental impact assessments (EIAs) should be able to assess environmental issues with regard to land reclamation projects. If the project is an environmentally critical project or is in an environmentally critical area, EIA is mandatory. EIAs normally consider issues such as impacts on species and habitats, other human uses (e.g. fisheries, navigation, recreation, cable and pipeline laying), international and national marine protected areas, water quality and coastal processes (sediment transport, erosion, sedimentation, hydrodynamics). The results of an EIA may affect the design/shape of the land reclamation, the public consultations and the permit conditions.

Of essence in planning for LIoW is a citizens’ monitoring feedback mechanism that encourages the participation of citizens in governance. Social acceptability of high impact projects is critical and getting the communities involved in the process will determine success or failure of a project.

Building a nation is not easy. It has never been been easy. But taking the first step and building a common platform to move makes the bottlenecks bearable. It will be hard, but let’s find the common ground.
Published in Commentaries
Saturday, 18 February 2017 11:11

Hobbled

It is a rare moment where observing American politics is actually more interesting than observing political developments at home. Watching Donald Trump negotiate his young presidency is like watching an acrobat crossing the high wire. We are all waiting for him to fall.

Three weeks into his presidency, Trump absorbed two major political defeats. That alone is unprecedented.

First, a federal judge in Washington stayed the implementation of Trump’s travel ban. The ban, issued by executive order, suspends travel from seven nations. Petitioners against the executive order say this is a thinly veiled anti-Muslim ban.

Trump’s travel ban infuriates Muslims everywhere. Analysts say this exposes US citizens abroad to retaliatory action. The ban, while politically costly for Trump, does little to reduce security threats to the US homeland.

Second, Trump was forced to ask his national security adviser to resign after evidence he discussed US sanctions against Russia with the Russian ambassador – while Obama was still president. The US Department of Justice warned the White House weeks ago that the national security adviser could be vulnerable to blackmail. At any rate, there is a standing law against private citizens conducting diplomacy.

Depending on what Trump knew of the liaison and when he knew about it, the American president is now himself vulnerable to a top-level inquiry. In the worst possible case, he could end up the shortest-serving US president in history.

Interspersed with the two major political defeats are a long series of gaffes and embarrassments.

Trumps senior adviser Kellyanne Conway browbeat media for under-reporting on acts of terror. She kept referring to a “massacre” that never happened. The very next day, she went on national television endorsing the clothing line of Trump daughter Ivanka. That provoked an ethics complaint against her.

Trump himself is walking scandal. On the very first day of his presidency, he warred with the “dishonest media” for understating the size of the crowd that turned up for the presidential inaugural. All the evidence point to a smaller crowd as reported. He claimed there was massive electoral fraud causing him to lose the popular vote. That claim remains fact-free to this day.

His nominee for education secretary so divided the US Senate Vice President Mike Pence had to cast a tie-breaking vote to get her confirmed. That is unprecedented in American political history. The vice president presides over the US Senate in a largely ceremonial role.

During the campaign, Trump promised to repeal “Obamacare” (the Affordable Health Care Act) on his first day in office. It turns out, he had no alternative health care plan worked out. When the Republican congressmen were sent to their districts to conduct town hall meetings on the matter, angry citizens shouted down the legislators.

Trump’s forays into foreign policy leave everybody flabbergasted.

During the campaign, he told voters he would build a high wall across the long southern border and will make Mexico pay for it. When he visited the Mexican president, he could not find the gall to ask his counterpart to pay for the wall. There was no mention of the wall at all.

Shortly after wining the elections, Trump took a call from the president of Taiwan. Beijing, as a matter of course, vigorously protested. Trump declared the One-China policy, a main feature of US foreign policy for decades, needs review. A couple of weeks ago, Trump took a call from the Chinese president and affirmed the One-China policy.

Trump, during the campaign, declared Japan should be made to pay for her own security. When Prime Minister Shinzo Abe visited last week, Trump announced full support for Japan. He made no mention about the cost of doing so.

Earlier this week, meeting with Israeli Prime Minister Benyamin Netanyahu, Trump surprised everybody by appearing to drop the two-state solution to the Palestinian solution. The two-state solution (a state for Israel and another for Palestine) has been a main plank of US foreign policy for decades.

The stalemate dragged on for so many years because Israeli hardliners (like Netanyahu) reject the idea of recognizing full Palestinian statehood. Trump’s latest statement on the matter is nearly as jaw-dropping as his earlier proposal to move the US embassy to Jerusalem. Nothing would rile the Palestinians, and the entire Muslim world, more.

During the campaign, several dozen national security veterans signed an open letter warning about Trump’s lack of intellectual stability to be trusted with the nuclear codes. Trump’s fanatical base paid no heed to the warning.

Last week, a group of psychiatrists signed another open letter basically questioning Trump’s mental stability. The mental health professionals felt they would be remiss in their duties if they did not issue such a statement. The statement did not say what sane people could do about it.

When Rodrigo Duterte was elected last year, there were those who feared constant instability because of his blunt and gung-ho style of leadership. In contrast with Trump, Duterte is a lot more sedate. Our President shocks with his language but leaves policy-making relatively stable.

Trump, of course, wields a thousand times more power than our president. He could upset geopolitics and his policies could drive the American economy into a tailspin. What he does, the mess he creates, will impact on all nations.

Donald Trump has now become the main item of risk other governments must now factor into their calculations. We all hope the high office he now occupies will grow on him. There has, so far, been little indication of that – even as his job approval rating sinks by the day.
Published in Commentaries
Saturday, 18 February 2017 10:20

Talking about CHANGE

The specter of the new millennium insidiously hovering above us does not inspire much confidence. Every political nook and cranny are abuzz with talks about change in governance style, social and economic reforms and bureaucratic over-haul as de rigueur of the hour. Yet, we falter. We dilly-dally. We escape into the nitty-gritty of inconsequential pursuits, dabbling on the frivolous, on anything to occupy our pettiness, but the gravest of concerns for the country. Notwithstanding how we try to cocoon ourselves though and persist on a stubborn preference for the dull and ordinary, the factuality of the inevitable is right here in front of us. No escape. We must face what we have to face--else, we perish.

Democratic deficits in all levels and corners are like giant worms consuming the country. Lack of transparency and accountability, prevalence of patronage politics, plunder by the oligarchy, trickle-down technocratic decision making, inadequate people participation, and worse, a political system that favors the moneyed and the influential few.

Almost every day, we witness a restive people joining protest rallies peppering the streets with big questions like why only small fries fry while those perceived to be corrupt are still scot-free. The grapevines are hot with talks about martial law making a comeback, with the dubious Marcos legacy close on its tail and the ‘Yellow’ forces funding and fanning dissent and unrest through its established loyal channels and followers.

A storm is brewing, not the kind triggered by a low pressure area with a tail end on cold front but a burn out citizenry impatient with results: the incarceration of “big fish” politicians, total dismantling of the drug menace, emancipation from abject poverty and deliverance from police ineptitude and corruptibility. But that’s about it, we just talk and talk about all these meaningless talks. And it’s about to blow up in our face.

Should we just live and let live? Should we persist in our apathy and indifference and live up to our name as the ‘sick man’ of Asia? Or are we just waiting to reach rock bottom and convince ourselves there would be no other way to go but up? If we are going nuts and bonkers of these social maladies besetting our country, we know we can’t go beyond our shores to look for the culprit.

Change or whatever it is we hold sacred to redeem us starts with us. George Bernard Shaw once said, “Progress is impossible without change, and those who cannot change their minds cannot change anything.”

Change is indeed a much-prostituted word. Most if not all administrations have used such slogan. NOW, what is to be done? First, everybody must understand that there is a problem with the current system and form of government. And this reality calls for a major overhaul in politics and bureaucracy. Second, that there is poverty, and this has to be addressed before any meaningful reforms can be effected in our institutions.

Change is coming? I doubt if all we do is talk about it.

Filipinos deserve a First World Philippines.
Published in Commentaries
Last of 2 Parts

IT will be so tragic if President Duterte gets Congress to reinstate the death penalty. The surge of heinous crimes in the country is not because of the lifting of capital punishment in 2006, but because of the incompetence of immediate past President Benigno Aquino 3rd, whose forces continue to plot against his government.

Senate Bill 42, introduced by former police chief Senator Panfilo Lacson, reveals its gross ignorance: “The alarming surge of heinous crimes in recent years has shown that reclusion perpetua (which replaced execution in a 2006 law) is not a deterrent to grave offenders.”

But what “recent years”’ is Lacson talking about? This logically are the past six years, from 2010 to 2015, when the Philippine National Police was under Aquino’s bosom buddy, Alan Purisima. And it was during these years that there was a near total breakdown of peace and order, with Duterte himself repeatedly saying that we practically had a narco state during these years.

Crime statistics prove this point, and debunk the very wrong claim that the lifting of the death penalty in 2006, the index crime rate even went down from 47.5 that year to 42 in 2007 and 41 in 2008. This completely debunks Senator Lacson’s thesis that the absence of capital punishment encouraged criminals to murder and rape more.

There was a surge in reports of index crimes in 2009, but this was mainly due to a change in the Philippine National Police’s reporting system which expanded what police precincts should report as crimes in their jurisdiction. The PNP also clamped down on many precinct commanders’ penchant to under-report crime incidences to make it appear that they were excellent law enforcers in their territory.

Rocketed up

As a result, the number of index crimes reported rocketed up from just 36,057 in 2008 to 301,703 in 2009 and 204,979 in 2010, probably as police precinct commanders thought it was safer to err on the side of more crimes, not less.

The reporting system, however, seemed to have normalized in the first years of the Aquino regime, registering 218, 160, and 135 index crimes per 100,000 people in 2010, 2011 and 2012, respectively.

However, the index crime rates surged in 2013 and 2014, to 466 and 493, respectively. Those huge numbers practically indicate a crime wave: from just 129,161 index crimes in 2012,the number more than doubled to 458,000 in 2013 and 492,000 in 2014.

Death penalty has got nothing to do with it. PHILIPPINE STATISTICS AUTHORITY

This can only be explained by the breakdown of peace and order in the country, as the PNP under Purisima and Aquino lost control of the police, which likely were demoralized by the incompetence of the two. Aquino and his sidekick, Interior Secretary Mar Roxas, who was officially in charge of the PNP, were also unconcerned about the surge in crime.

The illegal-drug problem had also proliferated, reflected in the data that homicides — committed often by drugged addicts — more than doubled, from 3,000 in 2012 to 6,500 in 2013, while incidences of physical injury zoomed from just 35,000 in 2012 to 223,000 in 2013.

The data is indisputable. The surge in heinous crimes was not because of the lifting of the death penalty in 2006, but because we had such an inutile President, incapable of addressing the country’s perennial crime problem.

This of course is not something unique to the Philippines. A comprehensive study in 2013 (“Relationship between police efficiency and crime rate: a worldwide approach,” European Journal of Law and Economics) evaluated the relationship between crime rates in a number of countries from 1998 to 2006.

Police efficiency

Its firm conclusion: It is police efficiency rather than such factors as population density, GDP per capita, or unemployment rate, that mainly determines crime rates in particular territories.

The well-known case here is of course New York City in the 1990s where Mayor Rudolph Giuliani’s get-tough approach to crime, as well as other major policy changes (including such simple moves as immediately erasing graffiti on walls and trains), very dramatically brought down the metropolis’ crime rate, with violent crime declining more than 56 percent.

Before Congress pushes to restore the death penalty, which would be a step backward in our march towards becoming a civilized society and would put us in the club of such countries as North Korea, Yemen, and Iraq, it should let Duterte do his work first in addressing the crime problem.

Capital punishment is also so against the poor who can’t afford lawyers: After the four rich brats sentenced to death for the rape of Maggie de la Riva in 1967 (three were executed, one died in prison from drug overdose), I am not aware of any rich Filipino meted the death penalty, and actually killed.

There just isn’t any proof that capital punishment deters crime. Why rush in restoring it? It will be so sad if the Senate passes a law not based on facts, but motivated by emotion or the calculation that this would appeal to voters. We’re aghast, and sick and tired of extra-judicial killings. Now you want judicial killings?

After all, we all agree that Duterte is so totally different from his wimpy and lazy predecessor, and he can lick crime in our unlucky country.
Published in Commentaries
SENATOR Alan Peter Cayetano, a key administration ally, on Thursday said he will seek an explanation from the Office of the Solicitor General (OSG) on why it had recommended the acquittal of pork barrel scam brains Janet Napoles in a case for illegal detention.

“On the Napoles case, like you, I’m also asking for an explanation… Like you, I also want the [Solicitor General] to answer. But I guarantee you that the President will not allow any corruption to happen during the administration. And he will not absolve those who were corrupt in past administrations,” Cayetano said at the sidelines of a Senate inquiry into the bribery scandal at the Bureau of Immigration.

Cayetano was reacting to a Philippine Center for Investigative Journalism report that the new lawyers at the OSG had filed with the Court of Appeals a manifestation recommending the acquittal of Napoles for the crime of serious illegal detention filed by her second cousin, pork barrel scam whistleblower Benhur Luy.

The manifestation cited evidence that Luy, a former aide of Napoles, was free to move even if he was staying in a retreat house.

Napoles is the alleged mastermind of the scheme in which lawmakers got kickbacks from the Priority Development Assistance Fund, also known as pork barrel, by funneling the money through bogus non-governmental organizations.

Cayetano blamed the previous administration for building a weak case against Napoles and letting some personalities go scot-free.

“Why is it that the cases filed during the Aquino administration were weak? We foresaw that at that time because the big cases like ‘Hello Garci’ (2004 election fraud) were neglected. Here with Napoles, many were excluded from the cases filed by the previous administration,” he said in a mix of Filipino and English.

President Rodrigo Duterte’s chief legal counsel however believes there is “very strong evidence” against Napoles in her pork barrel-related cases.

Chief Presidential Legal Counsel Salvador Panelo said this as he defended the OSG’s move, which he said would not affect the strength of pork barrel scam cases filed against Napoles.

“It will never be affected because these are two different cases,” Panelo told reporters.

He reiterated that it was Solicitor General Jose Calida’s duty as the top government lawyer to review cases.

“If upon review of the case, the OSG feels that it has no evidence to get a conviction [and]that there is [no]proof beyond reasonable doubt, then it is his duty under the Constitution and the law to state his position that there is no such case against the accused,” he said.

“Otherwise you will be creating injustice putting an innocent person behind bars,” Panelo added.

Malacañang on Thursday belied claims that Calida was lawyering for Napoles.

“He’s just simply trying to correct want he thinks, what he sees, what he perceives is something that needs to be rectified,” presidential spokesman Ernesto Abella said in a news conference.
Published in News
Long and Wrong Route

As the title goes, I once found myself riding a 5-hour ride going to Surigao City. I was all anxious and my partner was on the verge of despair. Where is this road leading us?! It was the longest ride of our lives.

We woke up early to catch the friendly morning sun rays as any traveler would. We started off from Barobo Surigao Del Norte and made several pit stops along the way, either to ask people where is the road leading to Surigao City or rest our bones for a while.

People would just nod every time we ask them if we are nearing Surigao City. They just say the same thing: “Just go straight”, and so we went straight ahead. We were already went as far as Tandag when an old lady selling ripe mangoes at the roadside told us that we went the longer route from Barobo to Surigao City. Had we went back to Surigao Del Norte via Butuan route, Surigao City might have been just a 3-hour ride.

But we persisted ,and it’s already too late to backtrack.

What we saw in Carrascal

The air is getting more saturated with dust, and we have to wipe it out from our helmets as it’s becoming more difficult to go uphill. We pulled over at the shady part of the road. At first I thought, where is this place and why is it all covered with red dusts?

My partner told me that we’re at the foot of a large open pit mining. We surveyed the area and of course took some pictures. We saw several makeshift shelters beneath the almost dead trees owned by former Lumad inhabitants who decided not to leave their land. Right in front of us was a stark and glaring irony of former inhabitants now illegal settlers, and foreign investors raping the life out of the mountains.

We asked the Lumad inhabitants what are they doing there and they said they have no choice. They have to scavenge for food and they have nowhere to go. Before, animals especially wild boars and deer are plenty and they never run out of food. Most of the people in their community already went away and searched for new places to put up their huts and re-build their lives. After several Lumad leaders who went against the mining industry were killed one by one, they lost all hopes of going back again, like what it used to be. We bade goodbye and went on.

We have seen the full view of the mining devastation from the top hill. The coffee-colored water oozed from the hills straight out to the coastal area. It’s like blood flowing from the valley wounds, and its cry can be heard by the harrowing sound of the wind. The coastal area surrounding the valleys are colored red and brown. It was more like a sea of blood at first glance.

We have to move forward as we want to reach the city proper before it gets dark. Upon reaching the town, we went to the first gasoline station and have the motor pumped to full. While filling, we asked the gasoline boy about the mining industry in their town. I particularly asked if there were improvements in the lives of the people, were their more jobs ever since the mining industry started?

At first he was hesitant to answer, thinking perhaps we are insiders or reporters or investigators making a case out of the mining industry in their place. But then he gave in and said that the lives of the people in their place didn’t particularly improved. Some benefited but many are still impoverished. He said that most of the workers hired by the mining companies are not from their area. Some are even foreigners, mostly Chinese. In addition, he said that the whole town is owned by the mining companies. As I looked around, yes that was obvious. Most of the signage in every building had the name of the largest mining firm. He said that the one getting rich in their town are the mining companies and the local government leaders who approve the mining contracts.

We rode away with a heavy heart and a painful truth embedded in our minds. It was not just about finding our way to Surigao City, but finding out the truth about the social and environmental injustices committed by these mining firms with the local government as their accomplices! Truly, some times we get lost only to find the truth.
Published in Commentaries
Thursday, 16 February 2017 10:24

House panel okays FOI bill

THE House Committee on Public Information has approved the proposed Freedom of Information (FOI) bill that will make government activities transparent.

The panel, led by Rep. Antonio Tinio of Alliance of Concerned Teachers party-list, consolidated 35 versions of the FOI measure that will cover all government agencies in the Executive, Legislative and Judicial branches as well as constitutional bodies.

“We are working for the swift enactment into law of the FOI bill, considering that this is one of the priorities of the Duterte administration. We hope that, with the support of the House leadership, we will soon be able to take up the FOI bill in plenary,” Tinio said in a statement.

Tinio said the FOI bill embodies two aspects of the “right to information” as mandated by the 1987 Constitution: full public disclosure and citizens’ access to information.

“Full public disclosure provides that every Filipino, without the need of request, should be able to get information on government records and transactions. The approved FOI also reiterates the Constitution’s mandate to disclose the Statements of Assets, Liabilities, and Net Worth of certain officials,” Tinio said.

“The policy of full public disclosure is not fully fleshed out in our current laws. The FOI bill seeks to address that gap,” he added.

The FOI measure, however, still has a lengthy list of exceptions contained in two pages.

The general exceptions include information on national security; classified information (subject to mandatory declassification review after six years); exchanges during an executive session; trade secrets; invasion of personal privacy unless such information is specifically required by law; and privileged communications, among others.
Published in News
AFTER decades of struggle in the southernmost Philippine island group, there is a promising chance for peace in Muslim Mindanao. One essential component for enhancing the humanitarian and socio-economic situation of the conflict-affected population in Southern Philippines is open access to political decision-making for everybody. This is crucial in order to cope with the Bangsamoro aspiration for true self-determination but it requires a bottom-up empowerment of citizens involving themselves in membership-based political parties and movements.

So far, the governmental machinery in the Autonomous Region in Muslim Mindanao (ARMM) reflects traditional clan- and personality-based politics. The rulers of the ARMM which was created by Republic Act 6734 of 1989 do not deliver the kind of self-determination that the Bangsamoro people strived for so many years. In fact, the political structure of the ARMM reflects the overall presidential form of government in the Philippines. While the region’s executive branch is headed by the regional governor and vice governor, the Regional Legislative Assembly represents the legislative branch of the ARMM government. However, this distribution of power is not in accordance with all the agreements that had been contracted in the past Mindanao peace talks.

A key milestone in the peace talks between the government and the Moro Islamic Liberation Front (MILF) was the signing of the Framework Agreement on the Bangsamoro political region (FAB) at Malacañang Palace in October 2012. The FAB outlined the road map for replacing the ARMM by a new Bangsamoro political entity that establishes an electoral system suitable to a ministerial form of government. The Bangsamoro was supposed to be governed by a Basic Law (BBL) and maintain an asymmetric relationship with the central government.

However, it is evident that not much has changed since then. The challenges in passing the BBL in Congress still remain and a Bangsamoro parliament that consists of political party representatives cannot be established. Clans and personalities still play the major role in the politics of Muslim Mindanao as long as the foundations for a new style of politics are being undermined.

A parliamentary set-up could replace the system of patronage and poor governance. Political parties would take on greater significance to clan leaders and other influential personalities.

But this requires the formation of genuine political parties that the electorate can vote for at the regional level. Those political parties need to regard their members—the connecting link to the civil society—as the fundamental part and offer sufficient possibilities for intra-party discussions and formation of opinion. Otherwise, you create a situation that can be observed nationwide: a lack of credible political platforms that reflect a diversity of political ideologies but rather political parties as vehicles for political and business elites.

In order to develop a political identity, the members, who preferably originate from large portions of social groups, must have the capacities on how to organize their party as well as on how to cope with new issues and questions in view of current day-to-day developments and social change. This empowerment through political education needs to be done in order to avoid the domination of political parties by personalities.

Is this bottom-up empowerment of civil society and political parties in the poorest and least economically developed region in the country possible? The answer is yes.

For instance, the MILF has already formed the United Bangsamoro Justice Party (UBJP) and let its members and inner circle actively participate in existing political training activities. The Centrist Democratic Party (CDP) among with its youth wing Centrist Democratic Youth Association of the Philippines (CDYAP) is already active with a Bangsamoro chapter. Other marginalized civil society and indigenous people’s groups are also active in preparing their organizations for more active political involvement.

In the end, this development of a pluralistic political landscape concomitant with good governance would lead to a stronger and more unified Bangsamoro because of its inclusive approach: both genuine political parties and civil society organizations which are member-based and less personality-based can let people benefit from their programs through incorporating their ideas into politics.

But this news seems to be disregarded by the policymakers in Manila. Lessons from the past have shown that violations of the various peace arrangements have not been beneficial for the entire country. If this trend will just continue as before, social harmony in this part of Southern Philippines cannot be achieved.

The author is Project Manager of the Konrad-Adenauer-Stiftung (KAS) Philippines Office. He is responsible for the implementation of the European Union-funded project “Democratic Party Development Bangsamoro (DEPAdev)”. Prior to joining KAS, Hendrik Mollenhauer was a consultant at the United Nations Population Fund (UNFPA) Country Office Thailand in Bangkok. He holds a master’s degree in economic sociology, having studied at the University of Trier (Germany).

Published in Commentaries
MANILA, Philippines - Plunder is back in the list of offenses punishable by death, Speaker Pantaleon Alvarez said yesterday.

The decision came after House leaders were apprised of possible irregularities in a casino contract between the government and a private group, during a hearing by the committee on good government.

“This contract is highly disadvantageous to the government. The amount involved is P234 million in taxpayers’ money. That is plunder. In view of that, we will retain plunder in the death penalty bill,” Alvarez said.

He was referring to the November 2014 contract entered into by the Philippine Amusement and Gaming Corp. (Pagcor) with Vanderwood Management Corp. for the opening of a casino at a hotel the latter is building at the old Army and Navy Club complex near Rizal Park in Manila. The city government, which owns the property, leased it to Oceanville Hotel and Spa Corp. for P300,000 a month.

Oceanville subleased it to Vanderwood, which in turn leased it to Pagcor for P13 million a month.

Alvarez directed the good government committee to recommend the filing of a plunder case with the Office of the Ombudsman against former Pagcor officials and private individuals involved in the deal, led by then chairman Cristino Naguiat Jr.

He said the anomalous deal has given him and his colleagues enough reason to keep the crime of plunder in the death penalty bill.

Last Wednesday, House members agreed in caucus to delist plunder from the measure. The crime involves the stealing or misuse of at least P50 million in public funds.

Alvarez said the total amount involved in the Pagcor-Vanderwood transaction was P3.2 billion, the amount of rent the state gaming agency had committed to pay Vanderwood for 15 years.

The Speaker said Pagcor already paid Vanderwood P234 million representing advance rentals for 12 months and security deposit for six months.

“You’ve already given them P234 million even if you’ve not occupied even a single square inch of space of the leased property. Is that not highly anomalous? What you are leasing in effect is just air. Meanwhile, Vanderwood already used your P234 million,” he told Naguiat and other former Pagcor officials.

He said if current Pagcor officers honor the Vanderwood contract, they too would be liable for plunder.

Alvarez asked Vanderwood representatives if the casino-hotel they were building was already finished.

Company president Manuel Sy and the firm’s lawyer Edgar Asuncion said the 6,500-square-meter space leased by Pagcor “is 90-percent complete.”

Naguiat claimed the transaction was aboveboard and was in fact cleared by the Office of the Government Corporate Counsel (OGCC).

Transportation Undersecretary Raoul Creencia, who was OGCC head in 2014, said though he gave his blessing to the deal, “it was Pagcor that ultimately made the decision.”

Majority Leader Rodolfo Fariñas told Creencia that he should have checked the contract the Manila city government entered into with Oceanville.

“Under the contract, the property would be transformed into a lodging, dining and entertainment facility. There is no provision for a casino here. The city government could intervene and seek the invalidation of the deal between Oceanville and Vanderwood,” he said.

He said there was nothing in the documents that indicated Sy and a certain Mario Leabres were authorized to sign for Vanderwood and Oceanville, respectively.

Answering questions from Fariñas, Asuncion said it was he who introduced Leabres to Sy, adding the three were his friends.

But when requested to locate Leabres, who snubbed yesterday’s hearing, Asuncion declined.

Pampanga Rep. Juan Pablo Bondoc, author of the resolution seeking an inquiry into the Pagcor-Vanderwood deal, said the Commission on Audit has asked incumbent Pagcor officials to recover the P234 million the agency advanced to Vanderwood.

Deferment pushed

Anti-death penalty lawmakers, meanwhile, are pushing for the deferment of plenary debates on the revival of the death penalty bill while the Senate is still deliberating on the fate of the country’s treaty with an international human rights group.

Reps. Edcel Lagman and Raul Daza are urging Alvarez to hold off debates on House Bill 4727 while senators are preparing to vote on whether to uphold Manila’s commitment to the International Covenant on Civil and Political Rights and the Second Optional Protocol.

“This is a bicameral legislature. No one acts solely without the consent of the other. We must suspend all proceedings in the House and avoid a clash. Otherwise, we will only be engaged in an exercise in futility,” Lagman of Albay pointed out.

Daza, who represents northern Samar, agrees. “I urge the House leadership to pause and rethink about the debates in the plenary, because all the time, energy and resources by the House on this bill will be laid to waste.”

Fourteen senators have signed a resolution expressing the sense that any treaty or international agreement should not be valid without Senate concurrence.
Published in News
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