“(G)overnment has to be on talking terms with businesses and businessmen. Business should be treated as a partner, not an adversary.”

by Ducky Paredes

There is a lesson to be learned from the experience of Camp John Hay Development Co. (CJHDevco) in its dealings with government. CJHDevco leases the former American military base in Baguio City. 

The government has not been treating CJHDevco fairly.  For several years now, the tenant-partner has been asking for a one-stop action center (OSAC) to facilitate the processing of permits of both CJHDevco and its locators. John Hay Management Corporation (JHMC), in fact signed a Memorandum of Agreement (MOA) agreeing to this. Yet, what has been set up is really not working.

Primarily, for the lack of a working OSAC, CHJDevco has filed with the Philippine Dispute Resolution Center Inc. (PDRCI) a P14.44-billion damage claim for its losses.

Fearing that JHMC would use force to eject them, CJHDevco went to court to secure the legal remedy of a temporary restraining order (TRO).

Second, it sought the help of the Baguio City government to avoid “any untoward incident” and for “sobriety and restraint” to prevail over the use of brute force by a government agency and its subsidiary.

(Rumor had it that the JHMC was about to use force to take over the Camp John Hay Golf Club, The Manor Hotel, The Suites, the administrative offices and main water source plus other facilities and utilities that CJHDevco had been managing.)

A gist of what the problem is can be clearly gleaned from the tenant’s letter to Baguio City Mayor Mauricio Domogan:

“As you are aware, CJHDevco has filed for rescission of the July 2008 RMoA due to the BCDA’s failure to perform on its obligations to establish the One Stop Action Center (OSAC) through its implementing arm, JHMC, and issue permits within the 30-day guaranteed period, as envisioned in the RMoA and due to BCDA’s ‘non-compliance’ with CJHDevco’s demands.

“CJHDevco has filed a case with the Philippine Dispute Resolution Center, Inc., (PDRCI), for arbitration of its claims against BCDA for irreversible damages arising from breach of guaranty, as specified in our lease agreement,” he said. “In spite of the lack of permits and continued breaches by BCDA, CJHDevco has paid BCDA over P1.4 Billion in rentals and even offered to pay BCDA approximately P500 Million in a proposed settlement which BCDA never responded to and even rejected.”

Has CJHDevco been a bad tenant? The government seems to think so.

JHMC has been portraying its private partner as a trickster, which got what it wanted from the government under its thrice-revised RMoA with the BCDA and that the government ended up with the short end of the stick.

Who really ended up with the shorter end? CJHDevco, showing its good faith and genuine commitment to this project, paid over a billion pesos in cash and property to BCDA on a staggered basis despite government committing one violation after another in the original 1996 MoA as well as in the three subsequent RMoAs.

***

Fifteen years ago when the lease agreement was signed, CJHDevco demonstrated its good faith by paying P250 million in advance.

A year after the original lease agreement was signed, CJHDevco paid another P425 million despite the lack of any tangible development in the John Hay economic zone, because the Department of Environment and Natural Resources (DENR) had yet to issue an environmental clearance certificate (ECC) for the project.

Aggravating the delay was the failure to deliver 32 hectares of the leased area to CJHDevco. Incidentally, it was only a year later in January 1998 when the DENR issued an ECC for the Camp John Hay project.

Four years after the original lease agreement was signed, BCDA turned over the Voice of America site to CJHDevco in exchange for the 32 hectares it failed to deliver under the original MoA.

With this amendment to the original contract, the first restructured agreement or RMoA on July 14, 2000, CJHDevco paid P50 million and turned over P75 million worth of properties in a display of continued good faith.

But the restructured agreement needed another restructuring three years later. So, on July 18, 2003, the two parties signed a second RMoA in which CJHDevco again paid P50 million. Three months later, on October 16, 2003, CJHDevco paid another P50 million in accordance with the terms of the second RMoA.

So, from 1996 when the original agreement was signed, and up to 2003 when the second restructured deal was finalized, CJHDevco already delivered a total of P775 million — P250 million in 1996; 425 million in 1997;and P100 million in 2003), plus P75 million worth of properties, even though no substantial development had been made yet in the Camp John Hay economic zone that would allow CJHDevco to recover what it had invested so far in the project.

In 2003, after paying a total of P100 million in that year alone, even after the Supreme Court nullified the grant of tax and duty exemptions, and all other financial incentives and privileges in the Camp John Hay Special Economic Zone that it was supposed to enjoy as the BCDA’s private partner, CJHDevco suspended payment of lease rentals pending the resolution of the legal obstacle created by the high court’s ruling.

The third RMOA became necessary after a series of legal tussles between the two parties, which again showed how the BCDA had wantonly violated on a whim even if these had to do with directives emanating from official dispute “referees.”

Apparently exasperated by the delays in the project and the BCDA’s inaction, CJHDevco filed an arbitration suit with the PDRI in May 2005.

But the BCDA refused to submit to the arbitration proceedings and instead threatened to terminate the agreement with CJHDevco. This left CJHDevco with no choice but to file a petition before the Baguio RTC to compel BCDA to submit to arbitration.

The Baguio City RTC ordered BCDA to submit itself to arbitration pointing out that the original MOA had an arbitral clause that required arbitration proceedings in the event of disputes.

In March 2007, Congress restored the tax and financial incentives in the John Hay Special Economic Zone. This positive development and the subsequent series of negotiations between the BCDA and the CJHDevco led to the signing of the third RMOA.

Under this third restructured agreement, CJHDevco acknowledged its rental obligations, but in exchange, the BCDA guaranteed to establish, through the JHMC, the OSAC. Given the lengthy red tape that investors have had to go through in setting up their businesses, the establishment of a fully functioning OSAC was deemed not only necessary but also indispensable to the success of the John Hay project.

While the BCDA has already set up the OSAC as an office, is this OSAC functioning as envisioned and is this action center fulfilling the government’s part of the deal?  Has it been able to process permits and all other applications within 30 days from the completion of all requirements submitted by the John Hay locators as provided under the 3rd RMOA? It has not. All that this OSAC does is accept applications, which it then passes on to other government agencies. Period.

Last year, BCDA demanded immediate payment of over P500 million in current rentals and arrears plus interest fees.

CJHDevco president and chief executive officer Ferdinand Santos wrote back demanding immediate operation of the OSAC as agreed upon in the third RMOA.

“Failure to comply with the foregoing demands will be considered by us as a confirmation of BCDA’s fundamental breach of the RMOA, which will entitle CJHDevco to avail itself of the rights and remedies under contract and under the law, without further notice or demand.”

* * *

In a paper written by Peter Wallace praising the Daang Matuwid of the President, Wallace points out: “The president needs to woo business, needs to listen to them, needs to make the changes they call for.”  We need good governance; but the government also needs business to do its part. For this to happen, not only the President but also government has to be on talking terms with businesses and businessmen. Business should be treated as a partner, not an adversary.

# # # #

hvp 02.05.12

Deretsahan

ni Horacio Paredes

Noong impeachment ni Erap. talagang binabantayan ng tao ang mga nangyayari kahit na gaano katagal abutin ang araw-araw na bista, dahil na kahit ano pa ang nagawa ni Erap tanggap pa rin siya ng mamamayan dahil wala naman siyang ninakaw (at kahit na sa katagalan ng pagiging Pangulo ni Gloria ay wala silang nakitang kahit na maliit na kontratang pinagkitaan ng Pangulong Estrada); ngunit ang impeachment ni Corona ay nakakatamad nanag panuorin.

Ano pa ba ang dapat pang ipalabas? Hindi pa ba tama na at napakita nang hindi siya karapat-dapt na maging kahit Hukom lamang ng Korte Suprema at lalong-lalo nang hindi siya nararapat na Chief Justice? Wala tayong Chief Justice na walang kahit na kaunti man lamang na delikadesa. Marami nga sa kanila na tinigil ang pakikihalubili sa madla dahil sa panganib na meron silang madinig tungkol sa mga kasong hinaharap ng Korte o kaya’y magkamali silang magkomentaryo sa pulitika o kaya sa mga kasong dinidinig ng Korte.

Si Corona lamang ang Chief Justice na hindi nahiya noong siya’y tinalaga ni Gloria na Chief Justice sa panahoing pinagbabawal ito ng Saligang Batas; ngunit, tinanggap pa rin niya. Hindi siya mahiya na ipakita na binabalewala niya ang Saligang Batas. Hindi lamang iyon, ang mga tinalaga ni Gloria sa Korte ay nagdesiyon na hindi kasama ang Korte sa pinagbabawal na pagtatalaga ng bagong puwesto sa panahong pinagbabawal ng Saligang Batas. (Dapat rin yatang ma-impeach rin silang lahat!)

Mali ang mga nagsasabing kinakailangang mapatunayan ang mga inirereklamo laban kay Corona “beyond reasonable doubt.” Kapag napakitang hindi siya nararapat sa kaniyang puwesto, kahit na iyon lamang ang naipakita at hindi na meron siyang nagawang maari magpakulong sa kaniya, dapat tama na iyon at sipain na siya bilang Chief Justice.

Kahit na ang pagigng napakatakaw niya sa pagkokolekta ng mga bahay, condo at iba’t-iba pang pag-aari lamang ay dapat sapat nang gamitin sa pagtanaggal sa kanya. (Ang dating Chief Justice na si Reynato Puno ay nag-iisa lamang ang bahay. Luma na ito at ito’y binili nilang mag-asawa bago pa siya natalaga sa Korte Suprema.) Ang mga naging Chief Justice natin ay halos na ang lahat ay matindi ang  delikadesa, hindi mga garapal sa pag-iipon ng kayamana o kapangyarihan. Si Corona pa lamang ang kauna-unahang Chief Justice na hindi dapat naitalaga sa kanyang puwesto.

Ganito rin ang sinulat ng World Bank sa kanilang report tungkol sa perang binigay nila sa atin para na-ayos ang ating hudikatura. Ayon sa WB, sobra sa $200,000 ang ginamit sa panahon ni Corona para sa mga bagay na walang kaugnayan sa pagpapabuti ng ating hudikatura at kanilang ipinababalik sa kanila ang pondong winaldas. Kailangang mag-bayad tayo sa WB sa mga hindi matarong na pag-gamit ng kanilang kwarta ni Corona. Walang naging ganito nangyari sa panahon ng ibang mga Chief Justice (Davide, Panganiban at Puno).

Hindi kaya maliwanag na na hindi dapat na ginawang Chief Justice ang ganitong klaseng tao. Kaya nga, sa aking pananaw, kapag tumagal pa ang impeachment na ito ng ilan pang linggo, pakonti ng pakonti ang manonood pa sa TV sa ganitong klaseng palabas na wala namang nangyaayari kundi pasiklaban na lamang ng mga abugado kahit na para sa mamamayan ay matagal na nilang nahatulan si Corona na hindi na karapat-dapat pang magpatuloy bilang CJ.

# # # #

hvp (02.03.12)

“But can any Tom Dick and Harry (or you and I) get the same generous deal from Megaworld?”

by Ducky Paredes

I am a Rotarian (District 3800, RC Pasig) and the first tenet of the Four-Way Test of Rotary is this: “Is it the Truth?” In reality, this is one of the first thing one learns even at home. Mothers who would catch one lying or dressing up the truth used to wash one’s mouth with laundry soap.

The problem with the truth is that if one can keep things from the public, as the justices of the Supreme Court could with their Statements of Assets, Liabilities and Net Worth (SALNs) unlike other in government service whose SALNs are seen by just about anyone, sometimes truth does not become too important. In fact, one could live a private fairy tale life in his own SALN, if no one would ever see it.

Because his SALNs were never seen by anyone, Renato Corona never gave a whit about what he submitted. His SALNs were secret, never to b revealed to anyone by order of the Supreme Court itself; thus, whatever he submitted as his SALNs never really mattered, did it?

Was Chief Justice Renato Corona truthful in what he wrote in his statements of assets, liabilities and net worth (SALN) that eventually found its way to the Senate impeachment court? At the time that he made out these documents, it did not matter what he wrote in them since no one — not the COA, the BIR, the other justices or anyone else — could even access them. So, the answer has to be: Of course not. There was no reason to tell the truth. His secrets were safe in the vaults of the Supreme Court Clerk!

Take the case of the 300 square meter Bellagio penthouse unit that he admitted buying from Megaworld Corporation in 2008 for P14.5 million.

It appears that Corona declared this asset not the next year, or in 2009, but in 2010. That means he that his 2009 SALN was a total lie. That’s one strike against the Chief Justice.  But, again, he was lying only to himself since the SALNs of SC Justices were not for public consumption. Under the SC’s own resolution, these were secret documents which could never be seen by anyone at all!

Corona also declared the value of the Bellagio penthouse in his 2010 SALN at only P6.8 million, or P7.7 million less than the actual purchase price of P14.5 million. Where he got that figure, only he knows. It seems to me to have been plucked out of thin air.  Heck, who cared what he put in there, anyway! That’s strike two against Corona.

Corona said not too long ago that he was still paying a monthly amortization for the Bellagio property. He gave this statement to show that he did not have the cash to make an outright full payment for the property, and that he was not a crook who had oodles of cash to buy properties left and right. But a Megaworld witness said last Tuesday that Corona paid the whole amount for the Bellagio property in a year’s time, and that’s why he was given another P5 million discount. Therefore, it was already fully paid by the end of 2009. So why did Corona claim that he was still paying for it today? That’s strike three against our Chief Justice Corona.

From where I sit, we have a Chief Justice who’s been too miserly with the truth regarding his recently acquired properties. Still, is it possible that he really believed his own lies about these assets? After all, didn’t he say that if anyone could find all those assets that he denied having that they could have them all? Why would he say that if he knew then what we all now know?

But then, it’s not only Corona who may be taking liberties with the truth.

The same Megaworld  Corp. witness who took the stand last January 31 claimed that the Bellagio unit was damaged by a typhoon, and that’s one reason they slashed P5 million from the original P24 million price. And because Corona paid the full amount in less than a year, he was given another P5 million discount off the original price, for a total of P10 million in discounts.

Megaworld did not tell the impeachment court just how extensive was the damage to Corona’s penthouse. We can only imagine that strong winds shattered the windows to smithereens and heavy rains flooded the entire unit, leaving it waterlogged for sometime. The claimed P5 million discount represented the repair costs that Megaworld would have spent, so why not just pass it on to the buyer. Thus, that discount of P5 million was not a discount for Corona at all, since he would assume the burden of doing  the repairs himself, to the tune of no less than P5 million, to get it back to its original, that is, habitable state.

Is this an admission that Megaworld makes lousy buildings and penthouses that can easily be damaged by a little wind and rain? So, now, Megaworld admist that it is n incompetent builder?  

Also, why is Megaworld so generous that it is willing to part with its pricey properties for a song? Current market rates for properties in Makati are in the range of P80,000-P100,000 per square meter. Thus, the Bellagio unit can be sold today for around P30-20 million. Maybe Corona has enough business savvy and foresight that he can make a neat profit from the property if he decides to sell it.

But can any Tom Dick and Harry (or you and I) get the same generous deal from Megaworld? I’d really like to know, because many people would be queuing up at Megaworld offices if they offer a 300 square meter penthouse for only P14.5 million today. I myself would beg, steal or borrow so I can lay my hands on similar Megaworld property as Corona’s, except would I want to live in the same neighborhood?

Is it possible that Megaworld is not telling us the whole story. “Is it the truth?”  If they can give a 40 percent discount to the Chief Justice, for sure they could offer the same terms to you and me, if only we had that much money.

The disclosure that property developers can offer up to a 40 percent discount could be the exception rather than the rule. A big property developer like SMDC that offers teeny-weeny condo units of as little as 15 square meters—enough for one or two persons to live in without bumping into each other at every opportunity—can probably offer a 40 percent discount on a pre-selling basis, but not after the project has been completed.

But a 15 or 20 sqm ordinary studio and Corona’s 300 sqm unit on the 38th floor with an expansive view of the Makati skyline are as different as being rich and being poor. Two different things altogether.

Perhaps, we could all ask Megaworld to announce to all of us anytime they have another fire sale on a penthouse. They could at least give other moneyed public officials and even non-government persons the same deal that the Chief Justice got. Can Megaworld let us know when they will be giving the same 40 percent discount that they gave Corona. That’s just being fair, isn’t it? At least, Megaworld ought to give the rest of us the same chance to get a first-class condo at a bargain basement price.

# # # #

hvp 02.02.12

“Why are they pushing the passage of an untested system when the existing one is working very well?”

by Ducky Paredes

Tobacco is both an enterprise that employs millions in the farms, factories, marketing firms and retail outlets that grow, produce and sell cigarettes and its various components and a health hazard. While the cigarette pack itself warns about the dangers of smoking, most governments continue to tolerate its manufacture and continue to earn billions from the tobacco industry.

(Warnings Samples: “Quitting smoking now greatly reduces serious risks to your health.” “Smoking can damage sperm and reduce fertility.” “Tobacco smoke can harm your children.” “Tobacco smoke causes fatal lung disease in nonsmokers.”)

One wonders why — if smoking is really that bad a habit — government — which has a duty to keep us healthy — continues to tolerate it? One doctor told a relative who had been smoking most of his life that stopping now may do him more harm than good. His wife concluded that the doctor was probably a smoker, too.

According to historians, tobacco was introduced to the Philippines in the late 16th century by Spanish missionaries with seeds from Cuba, and tobacco cultivation quickly became an important facet of the Spanish rule, eventually becoming the single largest income generator for the government. (We have historical pictures of Ilokana women with huge cigars made out of a whole tobacco leaf puffing away. I have grand aunts who actually rolled these giant cigars themselves and smoked them throughout the day. They lived longer than my present age.)

* * *

The Philippine Tobacco Institute (PTI), an association of cigarette manufacturers and importers, is up in arms against the government’s plan to restructure the existing excise tax system on cigarettes as well as alcohol products.

According to its projections, the government expect to collect an additional P60 billion in revenues if it follows a proposal from the Department of Finance (DOF) seeking to increase the tax rates on cigarettes by as much as 1,000 percent!!

“Even developed countries do not jack up taxes that high!” says PTI President Rodolfo Salanga.

The DOF’s proposal outlines radical increases in two years such that all cigarette brands would pay a tax of P30 per pack by the third year.  This means that a number of low-priced cigarette brands, which currently account for sixty percent of the cigarette business, that are now paying an excise tax of P2.72 per pack would be paying P30 after two years.  

According to studies by the World Bank and simple common sense, for every 10 percent increase in price, sales drop by eight percent. Going by the WB formula, in two years. cigarette sales would have dropped 80 percent!

Given that, “cigarette prices would have to increase exponentially.  We expect a huge drop in the volume of legitimate cigarettes immediately after implementation,” explains Salanga.

As a result, people involved in the tobacco industry will lose their source of livelihood, including some 2.7 million farmers. What this would to our struggle to survive as a country is that it will make paupers of Ilokano tobacco farmers who would be deprived of a cash crop. This will make them an additional burden to government instead of contributors to the economy.

Besides, making P30 on 20% of today’s volume would mean making less for the government than today when it is taking in P 2.72 on 100%!

Further, the PTI is dismayed by the arrogance exhibited by Palace spokesman Edwin Lacierda in saying that the government will maintain its “no compromise” policy on tax matters.

“I seem to remember that during the LEDAC meeting on the priority measures, the President asked DOF to explain their proposal, to both the Senate and the House.  In this connection, our members have written DOF Secretary Cesar Purisima several times to ask for a meeting to discuss DOF’s proposal, but the Secretary has not responded to our letters,” Salanga said.

The PTI asserts that this “rationalization” in taxes, as the government puts it, is mere euphemism for people losing jobs.

Salanga explains that the current excise tax structure already gives the government a stable and predictable source of revenue. In fact, the government was able to collect about P31.6 billion in excise taxes in 2010 from the tobacco industry alone. This figure is more than the government’s target of P25.8 billion.

“Why are they pushing the passage of an untested system when the existing one is working very well?” Salanga asks. 

“In fact, it’s the only tax category where the target was exceeded last year,” he adds.

 “It will also cause an upsurge in smuggling of cigarettes and the proliferation of fake cigarettes.  These unauthorized products are sold cheap, but do not pay taxes. Government will not be able to collect taxes from them,” Salanga says.

The Federation of Philippine Industries (FPI) puts the government’s annual losses from smuggling at between P127 billion to P175 billion.  An additional P30 billion more is lost to unnecessary tax incentives.

“There are measures in Congress which address smuggling and the rationalization of incentives, and they are in advanced stages already.  Why did Purisima not push these instead of asking for new taxes from an industry that is already contributing substantially to the national coffers?” Salanga asks.

* * *

A reader writes: “I’m not sure if you’d agree, but selling pirated DVDs is stealing the intellectual property of the artists that created those works and profiting from it.  While Rolando Llamas technically under Philippine laws did not commit an illegal act for buying pirated DVDs, he was in effect knowingly buying stolen property. Forcing him to resign would be too harsh for a misdemeanor like this, but he deserves a good kick in the pants for being such a silly twit!  Keep writing those great articles!” — Charlie Moraza

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hvp 02.01.12

Deretsahan

ni Horacio Paredes

Kinaailangan bang sa isang impeachment ay dapat na ang pagkakasala ng nakasakdal ay “beyond reasonable doubt” o maaari na ba ang pagka-wala ng tiwala sa taong humaharap sa impeachment? Sa mga kasong kriminal, dapat lamang na ang ginagamit ay “beyond reasonable doubt.” Makukulong kasi ang mahatulan ng pagkakasala.

Sa impeachment naman, mawawalaan lamang siya ng puwesto.

Sa tama man o mali ang paghatol kung dapat bang magpatuloy ang isang taong mataas ang puwesto sa paglilingkod sa atin ay ang Senado na binuo bilang impeachment court. Sila ang maghahatol kay Renato Corona kung dapat ba itong magpatuloy bilang Chief Justice ng Pinas.

Ang gagawain ng Senado ay ang pagsusuri kung dapat pa bang pagkatiwalaan ang taong ito. Kung baga, para silang isang komite sa ating pinagtatabrahuan na dedesisyunan kung magpapatuloy pa ba ang isang manggagawa sa kanyang trabaho.

Kung ang isang empleyado mo’y napatunayang ang kaniyang kayamanan ay sobra-sobra sa kanyang kinikita at wala namang ibang maaaring paliwanang kundi siya na nga ang nagbebenta ng mga nawawalang gamit sa kanyang warehouse, hindi ba’t isisisante ito kahit na hindi napatunayan itong “beyond reasonable doubt.”

Kung maraming nawawala sa iyong bahay at maliwanag na walang ibang makakagawa nito kundi si Inday na kasaambahay o kaya’s si Armando na driver, hindi ba’t papalayasin mo na kung sino ang sa katunayan lamang ay pinaghihinalaan mo lamang ngunit wala namang iba pang makakagawa nito?

Sa aking pananaw, ganoon rin ang impeachment.

Sa atin ring batas, kapag ang isang nagtatrabaho sa gobiyerno’y nagpakita ng kayamanan na hindi naman niya maaring kinita o binili sa kanyang sinasahod, maaari na siyang sisantehin, kunin ang kanyang kayamanan at ikulong pa nga siya.

Kaya, baket naman na sa isang tiwaling CJ kailangan pa ba tayong maghanap ng prueba “beyond reasonalbe doubt”? Winalanghiya na nga ang bansa, papahirapan pa natin ang ating mga sarili?

* * *

Sumulat sa atin ang OFW mula Dubai: “Bago po ako mag start ng aking work ay palagi akong nagbabasa ng inyong malawakang colum sa ABANTE at sa aming opinion dito sa UAE ay talagang dapat alisin sa panunungkulan bilang punong mahistrado si Mr. Corona at sa dami ng mga lumalabas ng irregularities sa sa kanyang SALN at ITR sapat na ito para maicompare kung talagang may ill-gothen wealth nga siya? 

“Dapat lang sigurong kalaruhing mabuti beyond the reasonable doubt kung may nakaw na yaman ba siya o wala? Otherwise kung wala naman silang itinatago bakit sige ang kakaobject ni Cuevas? Kaya ang siste ay tatagal lang ng tatagal ang trials at baka mauwi pa sa walkout (huwag naman sanang mangyari) at tama po kayo na talagang makapal ang mukha ni Corona pati Supreme Court ay ginagamit na niya personal (gusto ko lang pong linawin na ang kalaban dito ay si Corona at hindi ang Supreme Court).

“Ung tatay po ni Gloria ay ayaw sa midnight appoinment kaya kanya  itong inalis? Pero itong anak ay pabor sa midnight appointment kaya kahit labag na sa batas ang pagtatalaga ng punong mahistrado 2 buwan bago ang eleksyon ay nag appoint parin si Gloria bilang protection niya kung sakaling masasampahan siya (Gloria) ng kaso.

“Sana magawang alisin lahat ni Pres. Aquino itong mga midnight appointee ng nakaraang administration. Kung si Corona ay hindi tapat sa kanyang sarili papaano pa kaya tayo magtitiwala na tapat din siya sa kanyang decision? Naway pagpalain po ang inyong colum na ito.” — ‘Sonny’ (Sonny Pangilinan), Dubai, UAE

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hvp (02.01.12)

 “With Corona’s statement of assets, liabilities and net worth (SALN) finally revealed for public scrutiny, it is crystal-clear that Corona has grossly misdeclared and undervalued his assets.”

by Ducky Paredes

Senator Jinggoy Estrada warned the Chief Justice before the very first day of the impeachment trial, “Prepare to be embarrassed.”

At this point in time, considering all of what has already been revealed, a man in the mold of the previous upright justices 12 of whom resigned, for instance, when a Justice’s son was made to pass the Bar Exams by changing his  grades, would have quit out of delicadeza or a sense of  shame.

Clearly, the present Chief Justice is not of that mold. If he were a finer person, would he have accepted an appointment to be Chief Justice during a period when the Constitution clearly prohibited such an appointment?

(What this says about the quality of our sitting justices who ruled that the Constitution did not  apply to this particular appointment is up to the reader top decide!)

Would he have shamelessly lied about his holdings?

At any rate, considering how the impeachment is going, it may be time to speculate on who the new CJ will be or where he will be coming from.

From inside the Court?

Senior Associate Justice Antonio Carpio is the most senior in the High Tribunal as of now, but will seniority be the top priority of PNoy when he makes a decision on this matter? Or, will the President think out of the box and seek innovative and fresh solutions to old problems?

Also, Corona may already have spoiled Carpio’s chances by claiming that Justice Carpio is part of PNoy’s plot to make the Court  jump through the hoops during the remaining years of the Aquino presidency.

 The best thing to do may well be to appoint an outsider to the post of Chief Justice. This would demonstrate that the President is bold and decisive and truly wants to make the Supreme Court a more credible and impartial institution.

* * *

   With Corona’s statement of assets, liabilities and net worth (SALN) finally revealed for public scrutiny, it is crystal-clear that Corona has grossly misdeclared and undervalued his assets.

Corona’s earlier claim  that he owns only a total of five properties has been revealed as a lie, after several Registers of Deeds told the impeachment court that they have documents showing that Corona owns much more than just five.

Clearly, Corona is guilty of perjury and the senator-judges can remove him from office on this impeachment article alone.

A lying Chief Justice does not deserve to sit a minute longer in such a high office.

We’ve heard it often enough that the next in line would almost certainly be Senior Associate Justice Antonio Carpio, who was in fact one of the two main contenders for the position with the retirement of Reynato Puno in 2010 within the period where the appointment of a CJ was clearly forbidden by the Constitution..

  Corona himself has hinted that Carpio was one of the three individuals who wanted him out of the Supreme Court, the other two being PNoy and DOTC Secretary Mar Roxas.

But it seems to me that those who are saying that Carpio is a shoo-in as the next CJ and is P-Noy’s choice are merely spreading intrigue.

 Why? Because they seem to believe that PNoy does not have a clear set of criteria on who to choose as the highest magistrate, and will decide on the basis of seniority alone.

  And the other thing is that PNoy simply wants someone who would be willing to do his every bidding and can turn the “CoronArroyo Court” into an “Aquino Court”.

That also presumes that Carpio is someone without a mind of his own, and will occupy the highest judicial post at all costs.

The next CJ should be of unsullied integrity, have a firm grasp of the law and jurisprudence, and will truly uphold the Constitution and the rule of law.

And perhaps most important of all, he or she can exercise firm leadership in reforming the judiciary and restore its credibility in the eyes of the people.

In an interview with a television network last December, the President was asked who he wanted as replacement in the event that is impeached or convicted in the Senate or in the remote possibility that Corona he resigns as Ombudsman Merceditas Gutierrez did.

The President said: “We are not there yet but I did remind my legal advisers to give me already a list of people that we can consider for that position. There is no shortlist yet. We are concentrating on proving the issues, and resolving the consequences of the wrong decisions that we believe they (the Corona-led court) made.”

The President said quite clearly the last thing on his mind is appointing a “lapdog.” Here’s what he said: “I can assure everybody that the main criterion will not be that he should be a lapdog. One of the things that I learned from my dad is that power corrupts and absolute power corrupts absolutely. So I encourage our people to tell me what to do, tell me your opinions, good or bad. But after I have made my decision, we should speak with one voice. In the case of a co-equal branch, we want to strengthen the institution and provide a system of checks and balances. Getting a lapdog has never been part of a culture that exists in our family.”

According to PNoy, he is open to getting somebody from outside the Supreme Court. “At the end of the day, whoever I appoint, I will be able to look  our countrymen in the eye and tell them that he is the best.”

PNoy has stressed that there will be no let-up in the anti-corruption drive. Securing a conviction in the impeachment trial, he said, would “send a strong message to others that corruption will not be tolerated. Those who will not change or mend their ways should be charged and given the appropriate punishment.”

This is the daang matuwid in action, not just in words, and all right-thinking Filipinos should lend support to this endeavor.

* * *

We have letters on the Impeachment Trial: “There is no specific or precise degree of proof required in an impeachment case.

“In the impeachment trial of the Chief Justice, Senator-Judge Miriam Defensor-Santiago asked the prosecution and defense panels as to the quantum of evidence to be used.

“The defense panel argued that it must be proof beyond reasonable doubt because the penalty imposed on the impeached official, if convicted, is very severe, while the prosecution panel argued that it is treating the case as one that is similar to a civil case, so the preponderance of evidence should be enough to convict.

“Proof beyond reasonable doubt, however, appears too rigid a standard considering that conviction in impeachment trial process does not result in loss of life or liberty but only removal from office, whereas preponderance of evidence makes it too easy to remove an impeachable official, which risks instability for the country and poses unfairness to the individual.

“Substantial evidence, therefore, is the appropriate standard which is that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.” — Atty. Emmanuel LJ. Mapili

* * *

“Thank you for sharing our family’s side of the story on your column regarding the sale of the BGEI property and cash advances. I remember saying back in 2001 (10 years ago) that the only way our family were to get justice is if Corona gets impeached. How ironic that this is happening now. It has always been in God’s time and yes, God’s will.” — Ana Basa

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hvp 01.30.12

Deretsahan

ni Horacio Paredes

Sa lahat ng nabunyag na sa impeachment, kung ang Chief Justice ay kagaya ng mga naunang mga CJ at mga dating hukom ng Korte Suprema na matatawag natin na de kalidad, malamang na nagbitiw na dahil sa paglabas ng nakaka-alingasang baho niya.

Kung sabagay, kung iyong ibang naging mga hukom ng Korte na mas matitino ang tinalaga ng isang Pangulo habang panahon na labag sa ating Saligang Batas, malamang na hindi nila tinanggap ang appointment. Kinakailangang makapal ang mukha ng tatanggap ng pwesto kahit na maliwanang na labag sa batas ang ginagawa ng nagtatalaga sa iyo, hindi ba?

Kaya, hindi natin dapat na asahan na ang isang kagaya ni Renato Corona’y may katangiang delikadesa, hiya, o takot sa Maykapal. Imbes, maaari nating sabihin na siya’y tunay na makapal!

Kinawawa tayong bansa ni Gloria Arroyo sa pagbabastos na ginawa niya sa atin, sa bansang ito at sa ating Saligang Batas sa pagtatalaga sa isang kagya ni Renato Corona sa isang puwestong dapat na binibigay sa mga taong mas mahalaga ang batas at ang tamang gawain kesa sa kanilang sariling kabutihan.

Marami na tayong dumaan na magagaling na Chief Justice. Halimbawa, noong nagsimula ang ating Korte Sjprema, ang mga humawak ng puwesto ng Chief Justice ay si Cayetano Arrelano. Siundan siya nina Victorino Mapa, Manuel Araulion, Ramon Avancena, Jose Abad Santos, Jose Yulo, Manuel Moran, Cesar Bengzon, Roberto Concepcion, Querube Makalintal, Fred RuizCastro, Enrique Fernando, Felix Macasiar, Ramon Aquino, Claudio Teehanke, Pedro Yap, Marcelo Fernan, Andres Narvasa, Hilario Davide, Jr., Artemio Panganiban, at Reynato Puno.

Wala sa  mga ito ang nagpayaman sa kanilang paglingkod bilang Chief Justice. Meron pa ngang mga nag-bitiw hindi dahil sa nahuli silang nagkamali o sa eskandalo kundi dahil lamang sa nagkaroon ng hindi magandang pangyayari sa Bar Exam na ang Korte ang nagpapalakad.

Noong 1930, nagbitiw ang isang Justice dahil nagkaroon ng gusot ang Bar Exam. Noong 1982, 12 sa 14 na Hukon ng SC ang nag-resignndahil nabunyag na inayos ang grado ng anak ng isang hukom na dapat sana’y bumagsak.

Ngunit, si Renato Corona, kahit ano pa ang mailabas tungkol sa kanya,  makaka-asa kaya tayo may delikadesa o hiya siya’t mapipilitan siyang bumitiw? Anong sey nyo?

* * *

Meron tayong sulat: “Ang tanong mo – bakit walang nakuhang batikanong abogado ang side ng prosecution?

“Hindi kaya dahil sa dami ng mga naibotong congressmen and women, sina Congressmen Tupas, Barzaga at mga kasama lang ang nakakaintindi sa impeachment process. Ang mga guwapo, guwapita at mga sikat na pinalabas na ibinoto ng mga tao ay  tahimik dahil wala silang alam. Para bang isang classroom na ang mga nag-aral ay nakataas ang kamay sa tanong ng titser samantalang ang mga walang kaalamanan ay nakatingin sa bintana, nakatungo o hindi makatingin ng diretso sa titser.

“GISING BAYAN KO! Hindi ito comedy o teleserya. Maraming ibubunyag ang impeachment process, malawak ang maaapektuhan, pero ang mabuting bunga, mas marami ang makikinabang.

“Tatagan mo PNOY. Nakikiisa kami sa iyo!” —  Raul Reyes

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hvp (01.30.12)

by Ducky Paredes

Deretsahan

ni Horacio Paredes

            Isa sa mga maipagmamalaki ng mga taga Pangasinan ay ang malaman at malinamnam na mga bangus na nananagana sa buong lalawigan, lalo na sa mga lungsod ng Dagupan at Bonoan.

            Subalit may mga pangyayari sa kapitolyo ng Dagupan na ang alingasaw ay maihahambing sa mga bilasang bangus.  At ang masansang na amoy na ang sanhi ay ang banggaan ni Mayor Benjie Lim at Vice Mayor Belen Fernandez ay nagkakaroon ng negatibong epekto sa mga mamamayan doon.  

              Una na, ang budget ng lungsod  para sa kasalukuyang taon ay nakabimbin, at ang pagtatalo ng dalawang pangunahing opisyal ay nakatuon dito.  Ayon kay Fernandez na tagapangulo ng Sangguniang Panlungsod (SP), hindi maaring aprobahan ng SP ang budget nang hindi ito dadaan sa masusing pagaaral at pagtalakay ng mga konsehal.  At para maging malawakan ang pag-unawa ng mga nakasaloob ng budget ng iba’t ibang departmento at sangay ng lokal na pamahalaan, kinakailangang sumama sa diskusyon ang mga pinuno ng mga opisinang ito.

            Eto ang problema, sabi ni Fernandez — lumalabas na ayaw payagan ni Mayor Lim ang mga hepe ng mga opisina na dumalo sa mga pagdinig sa SP.  Dahil dito, dagdag niya, ang hirap maintindihan ang ilang mga budget na kailangan ng paliwanag mula sa mga nagsusulong ng iba’t ibang mga proyekto.  Ang pakay lamang daw ng SP ay makatiyak na walang halong hokus-pokus o misteryo sa detalye o kabuuan ng hinihiling na budget.  “May mga bagay na nakasingit sa ilang mga budget kung saan kami’y maraming katanungan o hindi namin lubos na nauunawaan.  Nais lang naming makatiyak na walang magic na nagaganap dito,” wika ni Fernandez na tila may pasaring sa pangalang Magic na chain ng mga mall na ayon sa balita, ay pag-aari ni Mayor Lim.

            Ang masakit dito, ginagamit daw ni alkalde ang ganitong kawalan ng pagkakasundo bilang dahilan na hindi maisagawa ng kanyang pamahalaan ang kanyang mga proyekto para sa taongbayan.  Sa madaling salita, todo pasa siya sa SP ng pananagutan sa bagay na ang sanhi ay ang kanyang kautusan sa mga hepe ng mga ahensiya na huwag sumipot sa mga hearing tungkol sa budget nang wala siyang pahintulot.

            Sa pakiwari ng mga taga Dagupan, tila ang nais mangyari ni Mayor ay pikit-mata na lamang aprobahan ng SP ang taunang budget at bahala na si Batman kung saan at paano ito gugugulin at kung may magic na pwedeng mangyari sa implementasyon nito.

              Ang labo ‘ata nuon.

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hvp (01.27.12)

“Apparently, as it turns out, it doesn’t take much to catch a cheat and a crook. Even amateur temporary prosecutors and temporary judges can do it by accident — or maybe God’s will?”

by Ducky Paredes

“I think” said Senate President Juan Ponce Enrile, presiding officer in the on-going impeachment trial of Chief Justice Renato Corona. “they  are having a hard time putting their questions across. There’s a reason for that.  They are not used to a trial court. Because if they are, there should be no problem. That’s my impression.”

Enrile, was talking about the prosecution made up of young congressmen most of whom obviously have not had enough trial experience.

Senator Jinggoy Estrada, recalling the hell that his father Erap had to go through during his own impeachment trial in 2001, warned Renato Corona who defiantly decided to go through with the impeachment rather than take the easier way out of resigning: “Prepare to be embarrassed.”

Apparently, as it turns out, it doesn’t take much to catch a cheat and a crook.

Even amateur temporary prosecutors and temporary judges can do it by accident — or maybe God’s will? 

What else could be the explanation for the discovery of someone smart and totally savvy who has been given such undeserved honor by his country, yet lives so greatly beyond his means, even as he fakes his Statements of Assets. Liabilities and Net Worth (SALN) by simply not listing everything.

The SALN is what the country relies on to assure that our public servants are honest; yet, for our judiciary, our Supreme Court has ruled that its judges, justices and prosecutors submit these only to their own clerks of court who are duty-bound not to reveal these to anyone. What was the reason behind this resolution? That their enemies may not have any opportunity to have information that may be used to embarrass them? Bull shit!

The President, the Vice President and all the cabinet members file their SALNs and these are shown to the public. In fact, yearly, the newspapers come out with their listing of who are the wealthiest among them. Same ting with the Senate and the House!

I suggest that the rules should be reversed. Anyone who could be embarrassed by revealing his SALN ought to be barred (Anyway, he ought to know better and keep away) from appointment to the government. It seems to me that the Fernan Court that passed that resolution during the Marcos years was simply dancing to the prevailing public service tune of those times. That succeeding courts allowed this to continue to apply to them only shows that, like the Fernan Court, they also did not believe in total transparency.

Sure, living a life in a culture of transparency is tough to do; but, when one opts for public service, this has to be the requirement. After all, the public service should not be used to build one’s personal fortune, should it?

I end this portion with a quote from RTC Branch 13 Judge Meinardo Paredes (who I do not know or whether we are related): “If judges and justices are honest in their declarations on the SALNs, why should we be afraid? The SALNs can only be used against us if we don’t disclose the truth. It’s as simple as that.”

It sure is “as simple as that.”

* * *

From Nesbreak, we have this tidbit which may explain why the buying spree of properties for the Coronas began when it did:

“1983 is the year the troubles of majority of the Basas—2 uncles and two aunts of Cristina—began. This was after the family matriarch, Rosario Guidote vda de Basa, died in December of that year.

“The battle for control of the family corporation, Basa-Guidote Enterprises, Inc., raged between 2 sides of the 5 Basa siblings.

“The majority, led by Jose Ma. Basa III, included his two sisters who are nuns, Sister Conception and Sister Flor, and Mario. The minority was composed of Cristina and her parents, Asuncion Basa and Vicente Roco, both of whom are now deceased.

“The 4 Basa siblings — Jose, Asuncion, Mario, and Sister Conception — have passed away without seeing a glimmer of any settlement. Sister Flor, the only surviving Basa sibling, is now 90 years old.

“The crown jewel of BGEI and the only property was a 1,000 sq-m lot in Manila with a commercial building that was leased to about 8 tenants.

“Cristina, various court documents show, claimed she was a stockholder, vice president and assistant corporate secretary of BGEI. She leased the building and collected rentals.

“The rest of the Basas disputed this, saying she was never authorized to take over these functions. They further claimed that Cristina did not account for any of the collections.

“The Basas sued her for estafa. Cristina sued her aunts and uncles for libel, including Sister Flor who, at the time, was in her early 80s.

“In March 2001, reportedly with the help of her husband, she sold the property to the city government of Manila for P34.7 million.

“At the time, the Manila City government, then under Mayor Jose ‘Lito’ Atienza, expropriated the land which they would use to relocate stallholders of the Sampaloc markets displaced by the MRT. (Renato Corona was working with President Arroyo at the time of the sale.)

“The Basas cried foul, saying they were not informed of the proposal to sell the land. The check for P34.7 million was reportedly paid to Cristina Corona ‘in trust for BGEI.’

“Till today, 9 years after the sale, the side of the Basa majority says that Cristina has not yet accounted for a single centavo of the multi-million peso revenue.”

It sure looks like a perfect fit, doesn’t it? Look at the timeline.

* * *

Readers who missed a column can access www.duckyparedes.com/blogs. This is updated daily. Your reactions are welcome at duckyparedes@yahoo.com

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hvp 01.2612