Centrist Democracy Political Institute - Items filtered by date: February 2019
Wednesday, 27 February 2019 14:41

Scoundrels and the ‘negatives’ list

THE Commission on Elections (Comelec) has come out with the final list of those running for the Senate; 63 names are vying for 12 slots. Pundits predict only the first 20 names extracted from polling syndicates (SWS, Pulse Asia) will have a statistical chance of winning a seat. This could be true as, historically, the dominant names have been those of incumbents running for another term. Added to the mix are popular actors, media personalities, athletes, entertainers and delusional “wannabes” with qualifications alien from those which the position demands.
 
This spectacle is repeated triennially when we surrender to these persistent suitors our precious collective political hymen on the one day we are seemingly in control; for a perverted guarantee of three years of rape and debauchery. The majority of voters will acquiesce to their entreaties, or sell their voters to the highest bidder. Every election cycle, we sell our souls. Many of these branded names we elect come from political dynasties whose concept of public service is primarily to serve their own. Many of them are crooks, corrupt traditional politicians who have perfected the art of kleptocracy, while sharing from time to time a pittance of their loot with their respective dispersed but pliable constituency. Many of these senators belong to the trash pile, the bottom feeders who during their incumbencies prove themselves to be adept at lining their pockets with the people’s treasure.
 
Today, assisted in part by pollsters, both legitimate and seedy, and for a fee, avail of Facebook apps to artificially bolster their numbers, they engineer stats projecting their popularity — the basic ingredient the unwary voters often rely on. Social media indeed is a two-edged sword; logistics and funds are still the primary engines. Predictions of so-called political cognoscenti therefore have narrowed down the list to just 15 to 20 names.
 
I disagree with this mechanics of exclusion. There ought to be a law against this. I say, its high time we really look into these names and decide if they are worthy to represent us in the highest echelon of political leadership; and conversely, if we deserve to be allowed the right and privilege to elevate these people to such positions this coming May elections and beyond, mindful of Thomas Jefferson’s admonition, “The government you elect is the government you deserve.”
 
Comelec, for whatever decency it still possesses, must attempt to lead this type of endeavor, “leveling the playing field” for all legitimate candidates. I am not suggesting that all the current branded names are on the flip side of the good, the decent and true. We have among them people with track records of excellent public service.
 
We are imperfect voters, prone to elevate dangerously flawed people to positions of power who lack the requisite modicum of perspicacity on what it takes to be true servants of the people. We are inconsistent and biased voters exposed to the values we grow up with and captives of our culture. We are therefore influenced by opinions of friends, colleagues and those within our milieu. We are susceptible to herd mentality with the tendency to conform to ours peers in a group where we comfortably belong; and therefore adopt “certain behavior on a largely emotional, rather than rational basis.”
 
 
 
Having said this, let me disturb you and take you out of your comfort zone. I start with a counsel from George Orwell (1984) who put it succinctly, “A people that elect corrupt politicians, impostors, thieves, and traitors are not victims, but accomplices.” I will not attempt to present my choices. They shall remain names “en pectore.”
 
I will instead proffer a “negatives list” culled out from social media — FB, Twitter, blogs and postings. Surfing through the internet, three glaring names emerge: all former senators — Estrada, Revilla and Enrile. These are members of a close fraternity with singular distinction. The three were “…implicated in the PDAF scheme supposedly masterminded by businesswoman Janet Lim Napoles, who was convicted of plunder in her case with Revilla. She is accused of funneling P10 billion of lawmakers’ funds into bogus nongovernment organizations.” (CNN Philippine staff.) As a disclaimer, these personalities have no personal ties with this columnist, nor have I exchanged recent pleasantries with them. I doubt they know me or read my columns.
 
Enrile was granted bail in 2015 on “special humanitarian and compelling circumstances.” The same is questionable as bail is not allowed on plunder cases. Enrile’s plunder trial for allegedly receiving P172.8 million in kickbacks from projects funded by his office’s pork barrel at the Sandiganbayan starts this month. He is further charged with 15 counts of graft. A painful twist here is that “…the crucial link to Enrile are two women: his former chief of staff Gigi Reyes and socialite Ruby Tuason. Tuason said she got kickbacks for Enrile from Janet Lim Napoles, and she coursed them through Reyes.” (Rappler, Feb 19, 2019.) Reyes has not been granted bail and is now languishing in jail. Socialite Tuason, a member of one of Manila’s elite families, returned P40 million of her share in the scam and saved her skin by ratting on her accomplices.
 
 
 
Jinggoy Estrada had an unresolved plunder case when he ran and won a Senate seat in 2004. He was let out of jail after posting a P1-million bail for his second plunder and graft charges in September 2017. When he filed his certificate of candidacy in October, last year, Estrada declared with arrogance he was confident his alleged involvement in the multibillion-peso pork barrel scam would not affect his chances to win a senatorial seat in the 2019 elections.
 
Meantime, Bong Revilla was acquitted by the Sandiganbayan on his plunder case but posted bail on 16 other graft cases. But his chief of staff Richard Cambe and Napoles were found guilty over the diversion of Revilla’s discretionary funds. The three were asked by prosecutors to pay government as the three accused were “solidarily and jointly liable to return to the national treasury the amount of P124,500,000,” as civil liability. This is currently being contested while the good ex-senator again filed his certificate of candidacy for his old seat.
 
Why mention only these three names and not the others? Admittedly, there are rascals among the remaining names. My premise is simple. Why should we return these three ex-senators to the same office they were booted out from and thrown in jail for transgressions arising out of their acts as senators? The argument that they have been proven innocent and therefore not guilty beyond reasonable doubt does not wash. They stand not before the courts of law now but before the judgment of the people — the ultimate arbiter. Their notoriety should not invest them the privilege of another try at public service. There are 60 other senatorial candidates from among whom, if we the voters discern enough, we could find better and suitable senators.
 
Or, vote them back to office and be complicit. And God help our country!

THE Commission on Elections (Comelec) has come out with the final list of those running for the Senate; 63 names are vying for 12 slots. Pundits predict only the first 20 names extracted from polling syndicates (SWS, Pulse Asia) will have a statistical chance of winning a seat. This could be true as, historically, the dominant names have been those of incumbents running for another term. Added to the mix are popular actors, media personalities, athletes, entertainers and delusional “wannabes” with qualifications alien from those which the position demands.

This spectacle is repeated triennially when we surrender to these persistent suitors our precious collective political hymen on the one day we are seemingly in control; for a perverted guarantee of three years of rape and debauchery. The majority of voters will acquiesce to their entreaties, or sell their voters to the highest bidder. Every election cycle, we sell our souls. Many of these branded names we elect come from political dynasties whose concept of public service is primarily to serve their own. Many of them are crooks, corrupt traditional politicians who have perfected the art of kleptocracy, while sharing from time to time a pittance of their loot with their respective dispersed but pliable constituency. Many of these senators belong to the trash pile, the bottom feeders who during their incumbencies prove themselves to be adept at lining their pockets with the people’s treasure.

Today, assisted in part by pollsters, both legitimate and seedy, and for a fee, avail of Facebook apps to artificially bolster their numbers, they engineer stats projecting their popularity — the basic ingredient the unwary voters often rely on. Social media indeed is a two-edged sword; logistics and funds are still the primary engines. Predictions of so-called political cognoscenti therefore have narrowed down the list to just 15 to 20 names.

I disagree with this mechanics of exclusion. There ought to be a law against this. I say, its high time we really look into these names and decide if they are worthy to represent us in the highest echelon of political leadership; and conversely, if we deserve to be allowed the right and privilege to elevate these people to such positions this coming May elections and beyond, mindful of Thomas Jefferson’s admonition, “The government you elect is the government you deserve.”

Comelec, for whatever decency it still possesses, must attempt to lead this type of endeavor, “leveling the playing field” for all legitimate candidates. I am not suggesting that all the current branded names are on the flip side of the good, the decent and true. We have among them people with track records of excellent public service.

We are imperfect voters, prone to elevate dangerously flawed people to positions of power who lack the requisite modicum of perspicacity on what it takes to be true servants of the people. We are inconsistent and biased voters exposed to the values we grow up with and captives of our culture. We are therefore influenced by opinions of friends, colleagues and those within our milieu. We are susceptible to herd mentality with the tendency to conform to ours peers in a group where we comfortably belong; and therefore adopt “certain behavior on a largely emotional, rather than rational basis.”

Having said this, let me disturb you and take you out of your comfort zone. I start with a counsel from George Orwell (1984) who put it succinctly, “A people that elect corrupt politicians, impostors, thieves, and traitors are not victims, but accomplices.” I will not attempt to present my choices. They shall remain names “en pectore.”

I will instead proffer a “negatives list” culled out from social media — FB, Twitter, blogs and postings. Surfing through the internet, three glaring names emerge: all former senators — Estrada, Revilla and Enrile. These are members of a close fraternity with singular distinction. The three were “…implicated in the PDAF scheme supposedly masterminded by businesswoman Janet Lim Napoles, who was convicted of plunder in her case with Revilla. She is accused of funneling P10 billion of lawmakers’ funds into bogus nongovernment organizations.” (CNN Philippine staff.) As a disclaimer, these personalities have no personal ties with this columnist, nor have I exchanged recent pleasantries with them. I doubt they know me or read my columns.

Enrile was granted bail in 2015 on “special humanitarian and compelling circumstances.” The same is questionable as bail is not allowed on plunder cases. Enrile’s plunder trial for allegedly receiving P172.8 million in kickbacks from projects funded by his office’s pork barrel at the Sandiganbayan starts this month. He is further charged with 15 counts of graft. A painful twist here is that “…the crucial link to Enrile are two women: his former chief of staff Gigi Reyes and socialite Ruby Tuason. Tuason said she got kickbacks for Enrile from Janet Lim Napoles, and she coursed them through Reyes.” (Rappler, Feb 19, 2019.) Reyes has not been granted bail and is now languishing in jail. Socialite Tuason, a member of one of Manila’s elite families, returned P40 million of her share in the scam and saved her skin by ratting on her accomplices.

Jinggoy Estrada had an unresolved plunder case when he ran and won a Senate seat in 2004. He was let out of jail after posting a P1-million bail for his second plunder and graft charges in September 2017. When he filed his certificate of candidacy in October, last year, Estrada declared with arrogance he was confident his alleged involvement in the multibillion-peso pork barrel scam would not affect his chances to win a senatorial seat in the 2019 elections.

Meantime, Bong Revilla was acquitted by the Sandiganbayan on his plunder case but posted bail on 16 other graft cases. But his chief of staff Richard Cambe and Napoles were found guilty over the diversion of Revilla’s discretionary funds. The three were asked by prosecutors to pay government as the three accused were “solidarily and jointly liable to return to the national treasury the amount of P124,500,000,” as civil liability. This is currently being contested while the good ex-senator again filed his certificate of candidacy for his old seat.

Why mention only these three names and not the others? Admittedly, there are rascals among the remaining names. My premise is simple. Why should we return these three ex-senators to the same office they were booted out from and thrown in jail for transgressions arising out of their acts as senators? The argument that they have been proven innocent and therefore not guilty beyond reasonable doubt does not wash. They stand not before the courts of law now but before the judgment of the people — the ultimate arbiter. Their notoriety should not invest them the privilege of another try at public service. There are 60 other senatorial candidates from among whom, if we the voters discern enough, we could find better and suitable senators.

Or, vote them back to office and be complicit. And God help our country!

Published in LML Polettiques
Wednesday, 20 February 2019 11:00

Malthus and the global peril

I DEPART from conspiracy theories and speculate on a phenomenon whose impact is now being felt worldwide. The world population currently stands at 7.683 billion (www.worldmeters.info/world-population). The disturbing statistic is that it took 200K years since the appearance of homo sapiens to reach a billion at the turn of the 1800s; and a mere 200 years to reach 7 billion today. By 2050, at current growth rates, the United Nations predicts the world population could reach 9.6 billion. Demographic experts argue 10 billion is the earth’s maximum population carrying capacity; predicated too on another projection that earth can afford to feed only this much.

While in college, I was fascinated by the hypothesis of an 18th century philosopher, Thomas Malthus, whose writings centered on world population and its capacity to consume the earth’s resources. “The power of population is so superior to the power of the Earth to produce subsistence for man, that premature death must in some shape or other visit the human race.” (Thomas Robert Malthus)

Malthus postulates that population grows geometrically while world food production only arithmetically — eventually, more mouths will need more of earth’s resources, so that population growth at some point will outstrip food supply. Other writers and philosophers waded into the debate on the carrying capacity of planet earth, where at the turn of the century many predicted worldwide famine and chaos would ensue. Malthus softened this position with his “Malthusian trap” theory stating that excess population would stop growing due to starvation brought about by shortage of food supply. He projected further that certain corrections will intervene in the form of natural preventive checks, either by government and totalitarian methods or “deus ex machina” forcing population and earth’s resources on an equilibrium or sustainable level. This is his “Malthusian catastrophe.” More benign proposals to correct this imbalance were later adopted by governments through population control; “…family planning, late marriages and celibacy.”

But 19th, 20th and 21st century technology advancement intervened, increasing food supply to go hand in hand with the growing population – again broadening the parameters for population growth and food resources, debunking Malthus’ original projections. But common sense dictates that eventually, something has got to give.

In an excellent article by author Jared Diamond “The Global Peril of Inequality” (National Geographic, December 2018), the effects of the Malthusian paradigm has been played out in a parallel venue — with a twist. His theme is that “Life on earth is at risk from climate change, nuclear attack, dwindling resources — and the chasm between the rich and poor.” These were unknown and could not have been predicted during the era of Malthus. The last two of the four risks are the subject of this article.

The conflict in population vis-à-vis use of resources has been translated into the world’s economic divide — the haves and the have-nots; the rich and the poor; the developed and developing countries. For millennia, the encroachment of the colonial countries on the share of the earth’s resources has been implacable. The victims were never totally aware of these striking disparities until exposed to the living standards partly contributed by the resources extracted from the victims themselves. Diamond blamed this on “globalization,” the result of the eventual interconnections worldwide. Diamond put this succinctly: “…Until recently those poor people elsewhere were no threat to rich countries. ‘They’ out there didn’t know much about our lifestyle — and even if they did and became angry, they couldn’t do anything about it.” No longer. They are now a threat not only to the “haves, the rich and the developed world,” but even to their own — from whence they came. They see the higher living standards of these countries and they want these for themselves, not accepting the fact that these developed countries have decades and generations to practice their exploitative methods. Diamond further posits “…people with spartan lifestyle want affluent ones. In most developing countries, increasing living standards is a top policy goal. But millions of people in those countries won’t wait to see whether their government can deliver higher living standards within their lifetime.” And these developing countries will not be able to deliver in the foreseeable future. Thus, notwithstanding each country’s internal dynamics, Diamond’s assertion will precipitate three general threats exacerbating the economic and social divide, fueled by globalization. Diamond summarizes these into three categories: health, terrorism and migration.

The spread of disease has been aggravated by “…travelers from poor countries where the diseases are endemic and public health measures are weak.” Airplanes accelerate in hours diffusion of infected food and passengers thousands of kilometers from the source.

Terrorism. “Global inequality itself isn’t the direct cause of terrorist acts. Religious fundamentalism and individual psychopathology play essential roles. Every country has its crazy, angry individuals driven to kill; poor countries have no monopoly on them. But in poor countries today, people are barraged with media visions of lifestyle that are available elsewhere in the world and unavailable to them. In anger and desperation, some become terrorists themselves; others tolerate or support terrorists.”

Migration. One of the greatest hoaxes propagated by developed countries is that adoption of good policies by governments led by honest and incorruptible political leaders eventually result in a similar improvement of quality of life for its people. This has been the guiding principles of the World Bank-IMF, the ADB and the multilaterals preaching the bible of good governance and good economic behavior. This is a cruel deception as the world’s resources are no longer available to emerging economies as they have been co-opted by the developed economies for decades. These countries can no longer enjoy the consumption rates that Americans, for example, take for granted.

Taking the average consumption of oil as a gauge for a quality of life, rich countries (the haves) with far less population have consumption up to 30 times as high as they are in poor countries (have-nots). This high figure is calculated as being enough for 10-fold the current world population — such a waste of resources!

This is where we revert to Malthus. The world’s resources are finite and technology can no longer mitigate the effects of a disastrous population bursting at the seams.

What is needed is a new global paradigm. Diamond proposes the equalization of consumption rates for all. US consumption is the most wasteful of all advanced economies. Western Europe, which has a similar life quality, has a consumption rate half that of America (per capita oil consumption) “ — and yet the average Western European’s well-being is higher than that of the average American by any meaningful criterion, such as financial security after retirement, health, infant mortality, life expectancy, and vacation time.”

To stave off the Malthusian disaster and the Global Peril, Diamond hints of the application by developed countries of their collective political will. America and the developed world need to lower consumption while maintaining a good quality of life and in effect improve the developing countries’ own. Studies also show that improvement in lifestyle stunts population growth.

This is what we must confront today. We only have one home — Planet Earth. We make it livable. Or we perish together.
Published in LML Polettiques
Wednesday, 13 February 2019 12:57

What if?

MY conspiracy series starting with the January 23 “A Russian Spy in the White House?” segueing into the local “Conspiracy theory,” provoked commentaries falling under another genre: What if? Some readers likewise are framing their thoughts on the rhetorical question with several twists: from the benign to the bane; from the probable to the possible; from wishful thinking to grudging hope; from pure conjecture to reality in transit. What if, the Deegong were really sick and loses his grip on power unable to perform his presidential duties?

Denizens in the fringes, deviants given voice through social media, incorrigible rumormongers and simply the peddlers of lies bound by a common loathing for the Deegong have declared that the President is dead! A doppelganger now sits on the throne! Despite evidence to the contrary, they will insist on spreading that which gives them some sort of social media legitimacy. But the reality is simple. President Duterte is alive and well and kicking ass. And if his health is a gauge, he will live to torment the unbelievers way past his term of office; way past the term of office of his designated successor, Sara! And with the help of God, he will live to be a 100. But this will be a curse upon him.

I remember the twilight years of the Marcos regime, with the dictator afflicted with lupus erythematosus, an autoimmune disease, his detractors were divining his every move and any minute change in his complexion. And even his supporters believed he was dying. Eventually he died of other complications. But people by then had successfully passed judgement and booted him out. A sad spectacle of a leader possessed of a brilliant mind in a deteriorating body, dead in exile.

But the evil genius planned his exit. Marcos was beyond his legitimate term of office, but he had the Armed Forces and the PC-INP in his pockets. He had no rightful successor, but he had the triumvirate of disciples ready and prepared to take over government in case of his quick demise (Tolentino as his VP towards the end was a pathetic play to the American ruling elite). Headed by a headstrong and flamboyant wife, Imelda, his ever-loyal lapdog of a cousin and head of the Armed Forces, Gen. Fabian Ver, and the oligarch Danding Cojuangco, the son he never had — the three were to carry out the dictator’s wish, even beyond the grave.

We don’t have this set-up today. That the Deegong himself could be the author of this conspiracy is being debunked. At best, this is simply an unfolding series of serendipitous occurrences favoring the Deegong. DU30 “…is not in the mold of FM. If he is capable of deep diabolical thinking, it certainly does not show given his many inexcusable blunders.” PRRD may just wait for the opportunity for a rev-gov to present itself and grab it. And this could be happening now. Marcos created the conditions for the suspension of the writ of habeas corpus in the 1970s with the unwitting help of the communists in the Plaza Miranda bombing of the Liberal Party rally as a prelude to the declaration of Martial Law. “The bombings in Mindanao, the uncovered humongous anomalies of the Aquino administration, the public impatience with the incessant bickering and antics of politicians, the bloody elections can serve as the trigger to justify rev-gov.” This is John Rana’s take; he is an ally of DU30 and an FVR protegee. He is not suggesting PRRD is doing a Marcos, but the DDS are extremely delighted to read into this its rev-gov agenda — scaring the bejesus out of ordinary peace-loving citizens.

Now the ultimate What if — the Deegong suddenly dies? In 1957, President Magsaysay died in a plane crash. The transition to Vice President Garcia, a Nacionalista partymate was seamless. In 1948, President Manuel Roxas died of a heart attack in Clark Field, Pampanga. Vice President Elpidio Quirino, a Liberal partymate took over as President in a peaceful handover.

In the current context, God forbid if it happens, there exists a constitutional successor, Vice President Leni Robredo, leader of the opposition Liberal Party, bête noire of the DDS. Fortunately, no one in the cabinet has the alpha cred and political chutzpa to lead a coup. There are four dozen ex-military men installed by DU30 in his civilian government, occupying sensitive positions in all levels of government. But they don’t have the wherewithal. Chances are they may simply have to go through the motions proving themselves irrelevant and a nuisance.

The DU30 sycophants, visualizing this likelihood, have been agitating to replace Leni with the pliable Bongbong Marcos. She can’t just sit and declare her constitutional right to lead. She may have to be propped up by Gen. Benjamin Madrigal Jr of the AFP. The general has effective command of the troops and can enforce the chain of command. The other is Director General Oscar Albayalde of the Philippine National Police (PNP). But there are no indications in their past that they will not defend the Constitution.

Abu-Sayyaf and the Muslim extremists may create pockets of disturbance but the recently mainstreamed MILF/MNLF have now been granted their BARMM to protect. The NPA may be the main beneficiary of this disarray but their ranks have been decimated; it is now populated by an aging leadership. And the Catholic Church hierarchy, bereft of a politically astute Cardinal Sin, will continue to ask for prayers, preach against violence and will not take sides and alienate its flock lest it endangers its collection plates. The President’s rabble will for a time be agitating for a “civil war.” This will not happen. Like the oligarchy, they are too comfortable in their current status, and when the patron is gone, they will seek out other patrons.

And our politicians will predictably gravitate to the next brand, probably Leni’s Liberal Party; reprising DU30’s 2016 ascendancy where PDP-Laban grew from a handful to hundreds in just a few days. You can rely on the shameless trad-pols whose concept of public service is to serve first their family political dynasty.

Methinks the US will show their velvet glove as they twice did for the Cory regime: allowing Marcos the means to “cut cleanly” in 1986; and a display of their F-4 Phantom II jets over Metro Manila driving Honasan out with his tail between his legs in the 1989 coup attempt. America will support the constitutional path. And China wouldn’t really care. They have signed MOAs and gave promises of billions to the Philippines. They can do the same to a Robredo administration. Give promises.

But the person our people will look up to is the defense secretary, Delfin Lorenzana – a patriot, one close to America but not a certified “Amboy” though not strictly within the chain of command; he has the moral facade and credibility. He swore a duty to defend and protect the Constitution – not the Deegong, not the person – but the institutions.

This ‘what if’ depends so much on the Deegong exiting the scene due to natural causes. What if, DU30 dies under questionable circumstances?

Then all bets are off!
Published in LML Polettiques
Tuesday, 12 February 2019 13:14

Third telco unfairly scrutinized

THE country’s newest telco hasn’t even gotten off the ground yet but is already catching a lot of flak from opposition politicians and scaremongers. Don’t get me wrong. I’m all for giving everyone (the critics most especially) the democratic space to put in their two cents’ worth, however inane it may be. But when such opinion or point of view calls for applying the law or the rules selectively, then it should be unmasked for what it really is — a partisan political stunt.

Caught in the crosshairs of Duterte administration critics is the country’s third telco, Mislatel, and its consortium partners: Dennis Uy’s Udenna Corp. and Chelsea Logistics, and state-owned China Telecom.

Senate Minority Leader Franklin Drilon argued that Mislatel’s franchise was “ipso facto revoked” for failure to operate after it secured its license in the 1990s and for failure to seek congressional approval when majority interest were transferred to a certain Nicanor Escalante.

Drilon was obviously referring to the provision in Mislatel’s legislative franchise (Republic Act 8627) requiring the latter to “commence operations within one (1) year from the approval of its permit by the National Telecommunications Commission,” and to “commence operations within three (3) years from the effectivity of this Act.”

Another provision in the legislative franchise of Mislatel, referred to by Drilon, states that “the grantee (i.e. Mislatel) shall not lease, transfer, grant the usufruct of, sell nor assign this franchise or the rights and privileges acquired thereunder to any person, firm, company, corporation or other commercial or legal entity, nor merge with any other corporation or entity, nor shall the controlling interest of the grantee be transferred, whether as a whole or in parts and whether simultaneously or contemporaneously, to any such person, firm, company, corporation or entity without the prior approval of the Congress of the Philippines…”

So, at first glance, Drilon appears to have raised a valid point. Except that these provisions in Mislatel’s legislative franchise are what we lawyers call “boilerplate clauses” or standardized language used in all telco legislative franchises. This means that all local telecoms companies have the same, if not similar, clauses in their respective legislative franchises.

Which begs several questions: Why is Mislatel being singled out? Why have the legislative franchises of other dormant (aka nonoperating) telcos not been revoked? And why have former buyout deals of telecoms duopoly Smart or Globe not been subjected to the same congressional scrutiny as Mislatel?

If we are to level the playing field and apply the law fairly and equally to all telco players, then all existing legislative franchises as well as buyout or joint venture deals, should be reviewed and re-examined, and must be subjected to the same eagled-eyed inquiry as Mislatel.

In the list of “Public Telecommunications Entities with National Coverage,” there are several telcos that do not even have a provisional authority (PA) or a Certificate Certificate of Public Convenience and Necessity (CPCN) that would allow them to operate, let alone operate continuously.

One of the oldest ones, even pre-dating Mislatel’s franchise, is a certain Major Telecoms Inc., which was granted a legislative franchise as far back as July 26, 1994 but does not at present have any PA or CPCN from the NTC. Another dormant telco is Unicorn Communications Corp., which obtained its legislative franchise on July 11, 1996, two years ahead of Mislatel.

There are several other dormant telcos in the NTC list like Message Systems Inc. (RA 8279, approved April 10, 1997), H. E. Baldo, Inc. (RA 9149, approved July 31, 2001), Schutzengel Telecom Inc. (RA 9857, approved Dec. 20, 2009) and several others granted legislative franchises from 2012 to 2016. Why haven’t their congressional franchises been declared “ipso facto” revoked for continued nonoperation?

I’m sure the public is also well-aware of the buyout deals in the telecoms industry. One of the more notable ones is the acquisition of the former third telco player — the Gokongwei-led Digitel (of the defunct Sun Cellular) — by Philippine Long Distance Telephone Co. (PLDT) in 2011 for P69.2 billion. That takeover removed the only viable competitor to telco giants Smart and Globe.

It was such a controversial transaction that not a few senators and congressmen raised a howl over the share-swap deal, demanding that the transfer of the controlling interest in Digitel to PLDT should be subject to congressional approval, citing a similar boilerplate clause in Digitel’s legislative franchise.

Of more recent vintage was the buyout by PLDT and Globe of telecoms unit of conglomerate San Miguel Corp. for P69.1 billion, so far the biggest telco deal in the country.

Under the deal, PLDT and Globe will acquire the entire share capital and assume the liabilities of firms with additional spectrum frequencies, such as Bow Arken Holdings Co. (parent company of New Century Telecoms Inc.) for P691 million, and Brightshare Holdings Inc. (parent of Eastern Telecommunications Philippines Inc. [Eastern]) for P206 million.

Meanwhile, the shares of Vega Telecom Inc. (holding company for publicly traded Liberty Telecoms Holdings Inc. which owns almost all the 700MHz frequency (694 MHz to 790 MHz), together with High Frequency Telecommunications Inc., Bell Telecommunication Philippines Inc. and Eastern, were sold to Smart and Globe for P52.85 billion.

To my knowledge, none of these buyout deals secured “prior” congressional approval, let alone been scrutinized or approved by Congress, as stipulated in their legislative franchises. Why didn’t Drilon and his Liberal Party allies invoke the same provisions and demand the same congressional authorization in the Digitel and SMC deals as it did with Mislatel? If the takeover transactions of PLDT and Globe sans congressional imprimatur wasn’t such a big deal then, why should it suddenly be an issue now in the case of Mislatel?

True, Congress may have ratified Mislatel’s franchise and ownership change. But why only Mislatel? Aber?
Published in News
Wednesday, 06 February 2019 11:44

What if DU30 is sicker than his politics?

PRESIDENT Rodrigo Duterte’s state of health has been a matter of routine concern for Filipinos since he came into office in July 2016, but it took a turn for the worst last week when rumors spread online that he had, in fact, died.

This gave Malacañang a chance to quote Mark Twain and say “rumors of his death were grossly exaggerated”: on Monday, one newspaper front page showed him having breakfast and reading a newspaper with his live-in partner Honeylet Avanceña; on Tuesday, his spokesman Salvador Panelo babbled about his “robust health.” A slight fever last Friday had prevented him from attending a scheduled peace and order summit in Leyte, said Panelo, otherwise he was in the very pink of health.

We have nothing as reliable as a medical bulletin to tell us about DU30’s actual health condition. Usually reliable Palace sources said he was not in Malacañang from Friday to Sunday; on the other hand, our Davao sources, who have access to DU30’s inner circle, said he was not in Davao either. His last public appearance was when he visited Jolo to condole with the families of the victims of the January 26 twin bombings of Our Lady of Mount Carmel Cathedral; reports said he had a dizzy spell after that visit, while clasping his breast with his right hand. He finally reappeared on Monday in Davao.

Asking for prayers
DU30 was reported to have asked for prayers. He had not done this before; he had on the other hand attacked the Church with profanities and invectives, and ridiculed Catholics for their hopeless church-going. Some of my friends quickly responded with genuine charity without suspecting DU30 might just be playing with them. They were happy to learn he had not succumbed to any fatal illness.

The most skeptical, however, wondered whether it’s not a DU30 “clone” or “double” that’s been photographed for the consumption of the Filipino public, especially after the Philippine Star on Tuesday carried on its front page a picture of a DU30 look-alike, together with a Kim Jong Un look-alike, feasting on fried chicken at a Jollibee outlet in Hong Kong. The North Korean strongman’s impersonator was identified as Howard, while DU30’s impersonator was identified as “Cresencio Extreme.”

But while DU30’s physical health seems to be holding out, not everything about his government is well. His handling of the twin bombings in Jolo and the bombing of the Zamboanga mosque is all shot; you have to suspend all disbelief to believe what DU30 and the Philippine National Police (PNP) are saying about the so-called “suicide bombing.” An unidentified Indonesian husband and wife were supposed to have been the suicide bombers; this means they carried the bombs that killed 20 others and wounded over a hundred, mostly churchgoers, and were probably blown to bits, beyond recognition.

DU30’s clairvoyance

How in Heaven’s name were the police able to identify them as Indonesians, after their bodies were pulverized, and without any policeman or witness having spoken to them when they were still alive, before the fatal explosions? And how was DU30 able to identify the “suicide bombers” even before the PNP began their half-baked investigation? This seems to suggest some amount of clairvoyance.


In my previous column, I mentioned that one full week after the bombings, the PNP crime laboratory had not been able to come out with a crime report, because they could not decide what explosive material was used by the “suicide bombers.” They also apparently had difficulty gathering DNA samples after the “crime scene” was prematurely and ill-advisedly washed of the blood and body parts of the victims. At this writing, the situation reportedly remains unchanged. There is still no crime lab report.

Indonesians at Crame
On Monday, PNP Chief Oscar Albayalde announced that five Abu Sayyaf members had surrendered to the police in connection with the cathedral bombing. But there has been no explanation of the delayed crime lab report. Nor has there been any intelligent follow-up on the alleged Indonesian suicide bombers. On Monday, a group of Indonesian government men, obviously intelligence personnel, were huddled at Camp Crame with PNP officers. They stayed there for hours. Their presence, however, was not mentioned in Albayalde’s press briefing that afternoon.

Why were they there in the first place? Highly informed PNP sources were inclined to believe the Indonesians were invited by Albayalde to lend a hand to DU30 and the PNP in selling the story to the public about the “Indonesian suicide bombers.” But Albayalde’s people apparently failed to convince the Indonesians to support their proposed script, so there was no mention of the Indonesians coming to Camp Crame that afternoon.

This suspicion may or may not be correct. If correct, DU30 will have to exert great effort to make sure Jakarta does not question his claim, without any concrete proof, that two Indonesian “suicide bombers” carried out the Jolo bombings.

The prospect from Jakarta
More than this, DU30 will have to make sure Indonesia, the biggest Muslim country in the world, does not protest DU30’s deafening silence and inaction on the bombing of the Zamboanga mosque, which killed two Islamic missionaries and wounded five others, one day after the Sulu cathedral was bombed.

Frustrated by DU30’s insouciance, in utter contrast to his ballistic reaction to the Jolo bombings, some moderate Filipino Muslims are asking that the Organization of Islamic Cooperation (O1C), the 57-nation “collective voice of the Muslim world,” demand an explanation for DU30’s lukewarm response. They seem inclined to believe that the Zamboanga attack could have been the work of the old Davao Death Squad, whose crimes were exposed in the 2017 Senate hearings by two self-confessed DDS members, Edgar Matobato and Arturo Lascañas. An OIC intervention could seriously disrupt DU30’s last three years in office.

This would be regrettable enough. But what if, despite the Malacañang quack doctor’s professional diagnosis, DU30’s medical condition proves to be no better than that of his politics? DU30’s reported call for a command conference of the military and the police, soon, can only be intended to examine his prospects.

* * *

Even before the official campaign period for the May 13 elections could begin, former presidential spokesman and senatorial candidate Harry Roque Jr. withdrew from the race for reasons of health. For those who never considered Harry a worthy pick, this was a signal service to the voters. Many are hoping most of the 62 remaining senatorial candidates could follow Harry’s lead and relieve them of the burden of rejecting the unfit.

Published in News
Wednesday, 06 February 2019 10:08

Conspiracy theory (Part 2)

Part 2

LAST week’s column stirred a hornet’s nest of stinging comments from my friends from both sides of the aisle — the Yellow horde and the DDS. The former regards this conspiracy as a veritable manifestation of the dying throes of a strongman feigning to be a strong leader of a weak state. Or as I gather from various blogs in social media “…a leader who equates the use of political will with that of a totalitarian wielding political bully power.” A culmination of the two years of policy bumbling, merely coping with the challenges of the presidency and outright mis-governance lathered with copious amounts of misogynic statements and attacks against the Catholic Church. This is a harsh judgment of DU30’s regime, but not entirely unexpected as the PNoy administration’s skeletons in the closet are now being exposed: the irregular Disbursement Acceleration Program (DAP) controversy, Dengvaxia deaths due to corruption, pork barrel scam (Napoles) and a host of anomalies, making PNoy and his minions vulnerable to possible jail terms — as his predecessors GMA and Erap went through. We Filipinos have the propensity to jail our presidents; or in a more depraved way, the incoming regime, if in opposition, will exact its pound of flesh. Thus, what GMA did to Erap, and what PNoy did to GMA and what DU30 will do to PNoy — are by far the trend. If the opposition wins after DU30, then he may also see the other side of a jail cell.

But there were positive remarks too on my conspiracy article. In fact, certain permutations to the conspiracy theory were added, suggesting a wide traction that seem to make the scenarios more believable. For instance, some proffered the idea that all these were tolerated upon his sufferance and mostly emanated from the mind of the political strategist — the Deegong himself — who may have foreseen and even planned this a long time ago. In summary, this is a foreplay to the long-awaited revolutionary government (revgov) that has particularly resonated with his true believers. Accordingly, the Deegong is wise enough to lull the Yellows into a state of confidence, lethargy even. And he will pounce at the time of his choosing.

To fortify the DU30’s authorship of the conspiracy theory, they volunteered the information that long before his ally GMA was installed as speaker in the House of Representatives, the bureaucracy was being reconfigured with retired military men, seconded into the President’s coterie, occupying key positions –“…59 retired military generals, police directors, admirals and colonels (were to date) appointed to the Cabinet and other agencies, including government-owned corporations. Many of them are either from Mindanao or were assigned to Davao City where Mr. Duterte served as mayor for 22 years…” (Inquirer.net, Fe Zamora, Philip Tubeza). But more importantly, key officials, from the AFP chief of staff to area commanders, police generals and regional directors, which matter the most in a junta-led government, were personally hand-picked by DU30. He learned well from his lamented predecessor, President Marcos, whom he professed to admire greatly.

Which brings the conspiracy theory to the part played by the Marcoses. The family has staged a comeback with the help of DU30 but at the same time their impact has been greatly moderated; thus, they must remain the liege lords of the north in obeisance to the DU30 and the Duterte that may come after the Deegong, Sarah. With the Sandiganbayan’s decision finding the matriarch Imelda guilty on seven counts, and the pending P200-billion forfeiture case hanging like Damocles’ sword over them, the Marcoses understand where power lies. For all intents and purposes, only the Marcos name and a whiff of the legend lingers. Bongbong’s move against Leni is going nowhere and even if he wins the protest, it will come too late. And the most capable of the Marcoses after Ferdinand himself, Imee, may just wither in the vine in the Senate — if she makes it. And the brains, the political centurions and structures that were once formidable adjuncts to the family — Danding Cojuangco, Estelito Mendoza, Lucio Tan, Enrile and their ilk — may now be in an advanced state of dementia. And their North is no longer solid as there are now more claimants. There is no longer a “king of the north,” to paraphrase “The Game of Thrones.” Thus, the conspiracy theory with the suspected provenance of the Deegong has more credence. But how will this blow in the international scene? Not much, really.

Our closest ally America, while awaiting the impeachment of a clueless President who is likewise accused of being a stooge or spy of the Russians, is really of no consequence to the realities of the Philippines. We symbolically cut our umbilical cord with mother America when the Deegong did his song and dance number on his pivot to China, but our direct emotional ties with 2 million Filipinos in America are a permanent unbreakable bond. And our substitution for China’s embrace is proving to be awkwardly uncomfortable with the Chinese territorial claims and encroachment into our sovereignty unchecked, and with the Deegong postponing confrontation with the inevitable to the next regime.

Shamelessly we have telegraphed to our neighbors in Asia and to the world that despite our moral victory at the UN arbitral court, China can do whatever it wants. It will spread morsels and scraps our way and we will take them — under the guise of the ‘Build, Build, Build’ program. And we will be thankful. We are in effect already a province of China. So, the conspiracy theory, either way, does not matter to them.

And where will be the adherents of real reform? The believers in a federal-parliamentary government and the liberalization of our economy through constitutional revisions? We’ve been had!

And we are again faced with an election where the name brands, the political dynasts and the discredited politicians freed from their jail terms may again win. And they will once more ride herd over this country and continue sucking the marrows of our countrymen – because the stupid voters will put them in power. And we will celebrate this as the triumph of democracy.

Perhaps the conspiracy theory is just a theory. Perhaps it is a product of the minds of desperate Filipinos who have been waiting for the pagbabago to happen. Perhaps it is a longing for freedom-loving, honest and handworking constituents like many of us to repair to a reverie where we are momentarily made safe. Perhaps, this is just a projection of our fears and hopes. Or perhaps, this is in fact true, ongoing and may soon erupt. Perhaps…!

Published in LML Polettiques
Tuesday, 05 February 2019 15:30

Duterte being held hostage by Beijing?

MALACAÑANG betrayed its dread of displeasing China when, instead of protesting, it thanked Beijing for putting up an alleged Rescue Center on Kagitingan (Fiery Cross) reef, a Spratlys feature claimed by Manila.

As a friend and neighbor, China should have consulted the Philippines before such a major buildup on the disputed reef. Anyway, President Duterte is disposed to allow whatever the Chinese want to do in Philippine maritime areas. But Beijing did not consult or inform Manila beforehand.

This insolent act of occupation and unilateral buildup of a feature in a Manila-claimed area is part of a pattern that Beijing has been using to gradually strengthen its hold on various disputed areas in the West Philippine Sea.

In a craven show of spinelessness, Malacañang even thanked China for putting up the alleged rescue center whose obvious use is, aside from looking after its People’s Liberation Army personnel in the vicinity, to dramatize Chinese physical presence in contested areas.

A diplomatic protest or something as tame as a request for clarification is not likely to come out of the Department of Foreign Affairs, whose chief is busy twitting about local politics and defending the administration instead of focusing on foreign relations.

Even with the Chinese buildup confirmed, Manila need not deliver a speech in an almost empty UN General Assembly hall in New York.  A simple but firm diplomatic protest will put on record the objection and displeasure of the Philippine government.

The Kagitingan buildup issue raises again the disturbing question: What hold do China President Xi Jinping and his runners in Manila have on President Duterte?

Duterte appears to be held hostage to Xi’s two-year-old promise of massive development loans and investments worth an estimated $24 billion – but whose delivery is being delayed to keep Duterte on a leash.

Even to plain folk, as followup to the Kagitingan issue, the resolve of the Duterte administration to assert Philippine self-respect and sovereignty can be tested by reversing roles.

It may look childish, but let Duterte and his favorite senatorial bet Bong Go build an equivalent “Malasakit Center” on Panatag (Scarborough) shoal off Zambales, which is a traditional fishing ground of Filipinos but taken over by China. Can the President muster the courage to do that?

Senior Associate Justice Antonio Carpio, who was with the Philippine panel that won the 2016 arbitration case against Chinese expansion in the WPS, warned that Beijing was asserting sovereignty in building the rescue center in disregard of Philippine rights over Kagitingan.

Carpio said: “We should contest that because that’s under Philippine territory. And if a foreign country will say ‘we will use this as a rescue center’ – which they should not do without our approval because that’s ours – we should protest, otherwise we’ll be waiving our sovereign rights.”

Prof. Jay Batongbacal, director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea, then said China’s move legitimizes the establishment of its military bases in the area.

“China is trying to mask its militarization of the area by highlighting possible civilian benefits/public goods provided by their artificial islands,” Batongbacal told CNN Philippines.

• What’s status of China’s $24-B pledge?

HAVING mastered the psychology of the former Davao City mayor, China President Xi Jinping knew more or less how to handle President Duterte when he came on a state visit in October 2016.

Among the items Xi prepared for the visitor was a lauriat of extravagant promises that included $9 billion in soft loans, a $3-billion credit line with the Bank of China, and $15 billion in foreign investments. Before the guests left, 27 memorandums of agreement were signed for projects in railways, ports, energy and mining worth $11.2 billion.

A recent status report in media have it, however, that most of the promised loans and investments are still promises, except for a priority railway project in Duterte’s base of Mindanao and an irrigation system in Bulacan.

Two years ago, we said in Postscript after that visit: “After attacking the United States to the delight of his hosts in Beijing and probing what China could offer the Philippines, President Duterte wrapped up his four-day state visit carrying home promises of investments ($15 billion) and soft loans ($9 billion).

“But Duterte failed to convince China to allow Filipinos back to their traditional fishing grounds at the Panatag (Scarborough) shoal off Zambales. He got instead another promise from Beijing to talk later about fisheries and such issues over disputed areas of the South China Sea.

“The question of who lost in the bargain is likely to haunt the aspiring power player from Davao now dreaming of forming a China-Russia-Philippines axis against ‘the rest of the world.’

“We were aghast, embarrassed even, that our President bad-mouthed its ally of long standing, the United States, while he was visiting China in search of goodwill and goodies. He did not have to announce his ‘separating’ from the US to please his hosts.

“The 2,330-word joint statement of Duterte and China President Xi Jinping avoided mentioning the arbitration ruling last July 12 in The Hague that struck down as illegal China’s extensive claim over much of the SCS, including several maritime areas of the Philippines.

“China has built what appear to be military facilities on Kagitingan (Fiery Cross), Panganiban (Mischief), Zamora (Subi), Kennan (Chigua), Mabini (Johnson South), Burgos (Gaven) and Calderon (Cuarteron) reefs, areas being claimed by the Philippines.”
Published in News
The Senate and the House of Representatives are on the clock facing an extremely tight deadline to resolve their differences over the proposed P3.7 trillion national budget. With the clock ticking until they go into recess for the election period it seems almost impossible for them to come to an agreement. I think that they should focus on getting it together and go through the amendments and insertions systematically finding the best happy medium for everyone.

Of course that is easier said than done and with so many politicians with their hands in the proverbial honey jar it’s no wonder they can’t lock down a proposed budget for the president’s approval. It’s sad that not much has changed despite the current administration’s promise to “clean house”. With pork barrel now even higher than years passed it seems that not only have things not changed they have only gotten worse.

Honestly, most of the time it seems that our politicians are more focused on protecting their revenue streams and protecting themselves than they are on making the changes necessary to benefit the country. If they fought tooth and nail for the people the way they did for their budget allocations imagine how much better off the Philippines would be?

What a pipe dream. Promises are great but results would be much better. President Duterte was elected on the premise of his honest and aggressive political platform. He said he was going to rid the country of the notorious drug problem (hasn’t happened), that he was going to rid the government of political dynasties and corruption (also hasn’t happened), and that he was going to invest in the country by building necessary infrastructure and investing in an aggressive “Build, Build, Build” agenda. Sadly that doesn’t look like it has happened (or is about to happen) either.

My daughter recently went back to Japan to celebrate her birthday and she can’t stop talking about how efficient they are there and how things just work so easily and seamlessly. She laments that we can’t have the same good things in the Philippines. Understandably in order for us to enjoy the same efficiency the Japanese do we need to be far more disciplined as a people but it has to start somewhere and improved infrastructure is as good a place as any for that first step.

Here’s hoping that the delayed projects will finally get clearance and take off. It isn’t for lack of investors or proposed partners. They are there, the government just needs to remove the maze of red tape and get things moving. After all this time we still have nothing to show for the new administration and it’s quite sad. Promises were made that lives were going to improve in the Philippines and so far all that seems to have happened is that prices have skyrocketed. No one’s life has improved yet.

I honestly believe that the government should place emphasis on addressing our public transportation. If there is any infrastructure project that needs to be fixed it’s that. Traffic has been getting worse and worse and the answer is not to limit cars or count garages it’s giving people better transportation options. I honestly believe that no one actually wants to drive in Manila with the traffic and lack of parking. They just do it because they don’t have any other choice.

If our railways and subways were anything like the ones abroad I think we would definitely be lessening the cars on the streets. In places like Japan and Singapore and even Hong Kong, public transportation is the every day way of life for so many. People take the buses and trains to work day in and day out and they can rely on them. This helps lessen the cars and traffic on the roads and the consumption of gas at the same time. It’s win/win for everyone.

This is what we need to invest in in the Philippines. Changes to our public transportation (ease, cost, efficiency, etc) could really make positive changes in our economy and for our people. Hopefully the government – as they close the book on their upcoming budget – takes this into consideration and take the steps needed to make it happen.

* * *

I hope the president signs the bills seeking to increase maternity leave. Other countries have recognized that a new mother needs more time with her newborn child and should be given the rights and protection to do so under the law. The new bill provides for 105 days of paid maternity leave to all working new mothers in the government and private sectors, regardless of marital status – this is important because single moms need that leave more than ever.

And the most important part of the bill is that this shall be granted to all female workers in every instance of pregnancy, miscarriage, or emergency termination of pregnancy. In cases of miscarriage or emergency termination – expectant mothers will get 60 days of paid leave benefits.

This is an important piece of legislation for all women and should be passed into law. Perhaps there are things outside of the president’s hands when it comes to making big changes for infrastructure or international relations, but if he wants to find ways to help Filipinos there are so many bills like this that can already help change lives for the better.


Published in News