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The JVA on Broadcast City

 IBC-13 has been losing P80 million yearly and, on top of that, it has also had humongous labor problems.

by Ducky Paredes

Among the businesses that the government took over through the Presidential Commission on Good Government (PCGG) was the Intercontinental Broadcasting Corporation (IBC-13).

IBC-13 began in 1961 as Inter-Island Broadcasting Corporation thru the tri-media conglomerate of RMN-IBC-Philippine Herald owned by Andres Soriano. In 1975, Inter-Island 13 was renamed Intercontinental Broadcasting Corporation (IBC) and moved to the Benedicto Group of Companies. IBC moved to its present site in Capitol Hills, Q.C. in 1977. Ten years later, it was taken over by the PCGG.

So far, this has been more of a headache to the government than anything else. It sometimes seems that companies and property that the PCGG recovered from the Cronies were millstones that government now has to carry. We punished the Cronies by took from them what would have been their problem investments.

When the PCGG first took over, costs increased and incomes dropped. A constant change of management only helped to bring down the station. Efforts to sell IBC-13 all failed.

IBC-13 has been losing P80 million yearly and, on top of that, it has also had humongous labor problems. Of course, interested serious possible investors are not too interested in throwing in good money after bad. Who would want to invest in a business that has to first resurrect and fully equip with state-of-the-art facilities before it can even begin to give a reasonable return. One would be better off starting from scratch than putting money into something that is already losing millions monthly.

The miserable financial state of the broadcast station made sure that no serious investor would come in.

That was until March 24, 2010, when IBC and developer Primestate Ventures signed the Joint Venture Agreement (JVA) after more than a year of negotiations, and necessary approvals by various government agencies.

Joint Venture is one of the more widely recognized modes for otherwise idle government holding to become more profitable and contribute to the coffers of the government. Unlike privatization, a JVA does not involve sale of government properties; instead, assets are placed in the JVA as equity or investment.

The IBC-Primestate Ventures JVA complied with the NEDA-GPPB Guidelines pursuant to EO No. 423 or the Guidelines and Procedures for Entering into Joint Venture (JV) Agreements Between Government and Private Entities.

 Since the JVA does not involve any government guarantee, subsidies and undertakings, the IBC Board had the power to approve and enter into the said agreement. Further, the JVA went through a rigorous process before it was endorsed by all government agencies concerned prior to its approval.

IBC workers lauded the JVA saying it will improve the network’s standing in the media industry with the upgrading of its programming and technical capabilities and address the obligations to suppliers and outstanding benefits due them.

The JVA is a welcome development to IBC since the QC RTC in early 2010 rejected IBC’s petition to approve a corporate rehabilitation plan. Thus, the JVA was the only way for IBC to get out of the financial hole it found itself its sequestration.

Under the terms of the JVA, IBC contributes 3.6 hectares of the 4.1-hectare Broadcast City property to the JV. In exchange, IBC has a guaranteed P728 million, to be paid as follows: a) P278 million to be paid in cash to IBC employees both active and retired. The amount will be placed in an escrow account with the Bank of Philippine Islands (BPI) covered by post-dated checks; P450 million to be paid through the construction and delivery of a new six-story corporate building, two live studios and a commercial building for IBC situated in the remaining 5,000 square meter corner property in Broadcast City.

It is expected that in the next five years, IBC 13 will be transformed from a broadcast station with outdated and dilapidated structures and antiquated facilities, into a modern and competitive broadcasting entity that could rival the giant networks.

The joint venture agreement was signed recently in the presence of the IBC Employees Union and IBC Supervisors and Directors. Through their respective directors and officers, the two unions also signed with IBC-13 a memorandum of agreement, which allocated the full P278-million cash component of IBC-13’s expected revenues for the settlement of arrears in employee benefits.

Under the joint venture, IBC-13 stands to receive guaranteed revenues of P728 million, or roughly P20,000 per square meter.  This return is superior considering the P10,000 per square meter appraisal of both the Bureau of Internal Revenue and the Quezon City government, and the P11,000 per square meter and P8,000 per square meter appraisals by IBC-13 independent appraisers.    

The investment of IBC-13 in the joint venture is fully secured by a performance bond, and is more than compensated by the delivery of a new corporate building for IBC-13, complete with live studios and network facilities sufficient to accommodate even the requirements of RPN-9, which also operates in Broadcast City, a commercial building which it can generate additional income, and the P278 million cash component which will be used to pay for the company’s outstanding obligations to its employees.

IBC-13 employees will be extended additional benefits in the form of special rates of discounts and additional income opportunities in the form of referral incentives for sales of the condominium units that will be put up by Primestate.

A self-contained residential hub of medium-rise condominium buildings will be constructed inside the Broadcast City complex where IBC 13 will have substantial share in the revenues that will be generated.

The JV does not involve government funds and instead relies on the goodwill of the developer to advance monies to settle management’s outstanding obligations to its employees.

IBC has been looking for partners since 2008 to help it modernize its programming and technical capabilities and address its burgeoning obligations to its employees and creditors amounting to some P650 million.

Twenty-four years after sequestration, IBC is set to regain lost ground and reclaim its place in the broadcast industry as a government station, unless in its new configuration, new investors may find it now a more interesting buy.

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hvp 01.24512

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Natalisod ang Prosekusyon!

Deretsahan

 

ni Horacio Paredes

Baket ba parang hindi marunong makiramdam si House lead prosecutor at Iloilo Rep. Neil Tupas na pinagbibigyan na nga sila ng presiding officer, dakdak pa rin siya nang dakdak.

Nagpaliwanag siya; tinanggap ng Senado. Dapat sana tumigil na siya. Merong hiningi ang Korte; hindi nila natupad habang ang katunggali ay kumpleto ang sinumite.

Imbes na humingi ng paumanhin, kung anu-ano pa ang sinasabi ng batang kongresista na abugado naman ngunit parang hindi pa nakakatungtong sa hukoman dahil parang wala siyang naiintindihan hindi lamang sa court procedure kundi pati na rin sa pakikipag-ugnayan sa kapwa, lalo na sa mga taong malawak na ang karanasan sa pagiging abugado.

Ang Senate Presdient ay batikang abugado sa ating bansa. Kung gagawa ka ng listahan ng mga pinakamagagaling na abugado, tiyak na si Juan Ponce Enrile ay nasa unang sampu. Ganoon rin ang katunggali ni Tupas na si dating Justice Serafin Cuevas!

Bakit nga ba walang nahanap ang mga nasa mababang kapulongan na sikat na abugadong maaaring humarap sa mga batikang atorni ng katapat?

Nagpaliwanag si Senadora Miriam Santiago na nag-iingat silang mga senador dahil na rin sa nangayari sa impeachment ni Pangulong Joseph Estrada noong 2001 kung saan dahil sa tama naman na ginawa ng mga Senador na hindi sila pumayag na buksan ang isang sobre ay linayasan sila ng mga kongresista. Sunod nito’y minalas tayong lahat na. dahil sa EDSA Dos, ang bise presidenteng pandak ang tinalaga ng Korte Suprema sa Malakanyang.

Napag-usapan na nga at pumayag na ang Senate President na pagbigyan (na naman) ang depensa, ngunit imbes na sana’y nagpaslamat na lang siya, kung anu-ano pang walang kabulohan ang sinasabi ng parang walang alam na kongresista. Kinaylangan pang tabunan na lang siya ni Enrile ng paglalabas ng kanyang sama ng loob sa mga prosecutor na pinaharap ng Kongreso sa Impeachment Court na parang walang malay kung nasaan sila at kung ano ang dapat nlang ginawagawa!

Nakahalata na rin ang bata nang napansin niya na ginalit na pala niya ang Senate President.


Pumayag naman si Enrile na maging liberal sa pamamalakad ng korte, pero hinamon niya si Tupas kung ano ang irerekomenda nitong rule dahil ang sinusunod niya ay ang matagal na at subok na Rules of Evidence na ginagamit sa mga korte sa buong mundo.


May hamon rin ang Senate President sa mga kapwa niya senador:


“Bilang presiding officer po ninyo, gusto kong sabihin sa inyo ngayong hapon na ito na ako po ay walang kinikilala, kinikilingan dito sa kasong ito. Wala akong kinikilala na amo at pagsilbihin kundi ang taumbayan at ang ating bansa at hindi po ako magiging kasangkapan ng maski sinuman at ako po ay hindi gagawa ng pasya na hindi makatarungan. Hindi po ako papayag na gamitin itong hukuman na ito kung ako ang nagpe-preside na magkakaroon tayo ng hindi makatarungan, makatuwiran na sistema at tutol o paghuhusga dito sa kaso na ito.  


“Kung saka-sakali na hindi ninyo matanggap itong pamamalakad sa ating paglilitis nitong kasong ito, ako po ay open ako na ako at ibibigay ko itong aking upuan sa sinuman na gustong pumalit sa akin.”


Tama si Sen. Manny Villar, pangulo ng Nacionalista Party (NP) bloc sa Senado, na suportado at kuntento siya sa pamamalakad ni Enrile.

Lahat naman tayo ay kuntento at mas marami ang humahanga pa nga kay Enrile at, sa totoo lamang, marami ang nabwibwisit na sa mga parang walang kamuwang-muwang na mga Congressmen-Prosecutors.

Baka sa panig ng mga prosecutor at hindi sa Senado ang dapat na magkaroon ng pagbabago ng liderato.

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hvp (01.25.12)

 

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

Going Nowhere & the CJ’s ‘Cash Advance’

 “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.”

 

by Ducky Paredes

I came upon a presentation on traffic in Metro Manila from Benjamin de la Peña and Dinna Louise C. Dayao through their emails (bdelapena.online@gmail.com and dinnadayao@gmail.com).

They note that two huge road projects are being considered for Metro Manila — The MMDA’s P10 billion Skybridge  – 8.3 kilometers long utilizing the esteros from San Juan to Makati; and a P50 billion elevated EDSA — 22 kilometers long on top of the present EDSA.

They argue that “traffic congestion is just a symptom. The real problem we need to solve is ‘How do we make it easier to get around Metro Manila?’”

Acording to them, 8 out of 10 people in Metro Manila take public transportation.

They ask: “Will the new road benefit them? Or will it serve the needs of the few people who own and drive cars? Will it connect people to where they need to go?

“Makati is still the largest center of employment in Metro Manila. Yet newer hubs of employment—such as Bonifacio Global City, Eastwood, and the Mall of Asia—are also growing fast. Will the proposed road also serve the people going to these hubs?

“On the other hand, three out of every four people on the road are not on their way to work. They are going to schools, shops, hospitals, and other places. Will the new road serve their needs, too? How will the route of the proposed road affect the existing road network?

“Elevated highways will need off ramps and on ramps. If the connections of the new road to the existing network are not planned well, the ramps will generate traffic jams of their own. They may clog roads that work well now but will be flooded by new traffic trying to get to the ramps.”

They ask: “How will the new road fit into a long-term vision for Metro Manila? Will it put our megacity on the path to a more sustainable future? Will it encourage more dependence on fossil fuels? Or will it encourage more sustainable forms of transportation like walking and biking?”

They argue that new and more roads is not the solution. The problem, as they see it, is that Metro Manila grew “too fast, too soon.”

When we see traffic congestion, we think that this is because there are too many cars in Metro Manila. The easy solution that presents itself  is: Build More Roads!

They argue: “Every flyover on EDSA was built to relieve traffic congestion. The flyovers helped, at first, but the congestion quickly returned.

“We built C-5 to decongest EDSA, and it did, at first. But soon C-5 also quickly filled up with traffic.”

What did we learn from this experience? Would you believe, as the study suggests that: “New roads encourage more people to use their cars. Traffic experts call this ‘induced demand.’ Adding more road capacity actually induces more people to drive, which, in turn, creates more congestion.”

What is actually happening is that not only are more cars on the road but more motorcycles, affordable to anyone with a monthly income, are also on Metro Manila’s roads.

I have to agrees with them that we need to ask tough questions now before spending mega-billions on building still another road. We need to see further into Metro Manila’s future before committing to another one man’s folly.

The city planners in the 1930s had great plans for Metro Manila. Sadly, these were brushed aside due to greed and ambition of others who had plans for themselves and lands they had bought cheap and which they sold as subdivisions.

They profited from our runaway population — at the country’s expense. Will Metro Manila end up as a megapolis of condominiums with thin ribbons of slowly moving parking lots packed with cars going nowhere?

* * *

If the congressmen-prosecutors did exactly as the Chief Justice did with their SALNs, does that justify Renato Corona’s perfidy?

Cebu RTC Judge Meinrado Paredes does not think so. He says: “I see no reason why judges and justices should be exempted.

“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.”

Republic Act 3019 (Anti-graft and Corrupt Practices Act) and Republic Act 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) say that the public has the right to know these assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under 18 years of age living in their households.

Paredes said a scrutiny of the SALN of government employees and officials helps prevent graft.

“The SC resolution on not making public the SALNs of judges and justices should be revoked. We cry for transparency. We (judiciary) should set an example,” he said.

* * *

Renato Corona’s SALN says that he borrowed P11 million from the company that was owned by his wife and her relatives — Basa-Guidote Enterprises, Inc. — which he paid back diligently over the years until it was extinguished. This could be his explanation of where he got the money to pay for all those expensive real estate purchases.

When one borrows from a corporation, there ought to be a resolution from the Board of Directors approving the loan. Is there? The company is no more. Its registration was revoked by the Securities and Exchange Commission (SEC) in 2003, the same year Corona got what he termed his “cash advance.”  The company ceased to operate legally by 2007. So, did he borrow from his wife? Is that his explanation for the “cash advance” he used to purchase so many pricey condos and lots?

No wonder that the wife’s relatives (owners of the company) now say that they never knew that they lent Renato anything.  They never did. He took the P11 million from the conjugal cookie jar! That’s why it was a “cash advance.” If it was truly a loan from an actual company, why not call it by its proper name — a loan?

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hvp 01.24.12

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

Is the Defense in Trouble?

 “What can we do if the partiality has already been exhibited to the detriment of our client? When will be the proper time for us to do it?”

 

by Ducky Paredes

Defense lawyer Ramon Esguerra, at this early stage, already says that it’s “Do or Die” when they seek the inhibition of Senator Franklin Drilon, a fellow member of President Benigno Aquino III in the Liberal Party.

“What can we do if the partiality has already been exhibited to the detriment of our client? When will be the proper time for us to do it?”

Is this a case of the “pot calling the kettle black”? After all, isn’t that precisely PNoy’s problem with the Chief Justice and the rest of the Gloria 12?

Drilon, a lawyer, seems to have done favors for the congressmen-prosecutors and their private counsels by eliciting from the witnesses what the prosecution seemed unable to do in the direct examination of their own witnesses.

Drilon asked and Enriqueta Esguerra-Vidal, clerk of court of the Supreme Court, whether she followed what the subpoena of the impeachment court ordered her to do; she replied that, yes, she brought with her Corona’s statements of assets, liabilities and net worth (SALNs) as directed by the impeachment court’s subpoena.

Drilon also simply asked Randy Rutaquio, Taguig City register of deeds, whether there was an “attorney in fact” for the Corona daughter in her purchase of property from her parents. It turned out to be the Chief Impeachee himself!

While this is expected of the defense, as Drilon himself says, isn’t the purpose of any trial to bring out the truth so that justice can triumph?

Under the impeachment rules, counsels cannot object to questions by senator-judges even if the queries do not necessarily follow the Rules of Court.

Drilon says: “I would expect them to do that, to avail of that remedy. But I would not heed their call for me to inhibit. I see no basis for that.”

“I don’t know what they mean about me rescuing the prosecution team,” he added. “If you read the transcript, you will know exactly what happened. All I asked was whether she (Vidal) complied with the subpoena. She was the one who admitted that she had brought the SALNs with her.”

In fact, even as the prosecution seemed like naifs unschooled in court procedure in contrast to the hoary legal veterans of the defense, so far they seem to have done well enough for themselves, so well, in fact that the defense lawyers have resolved to go all-out against the prosecution’s move to use evidence on their client’s alleged unexplained wealth to help convince senators, acting as judges, to find against their client in the impeachment court.

A memorandum objecting to the use of what Corona’s SALN reveals about his wealth will be filed this afternoon when the impeachment court resumes at the Senate.

* * *

We have two letters: “The CJ impeachment, win or loss on either side, is the victory of the common Filipino. This is our Democracy working.

“The officials and employees of the government, including the President of the Republic, are under the decision of the Supreme Court as the final arbiters while the Supreme Court, right or wrong, is always be correct. Does this mean that they are above all of us, the Filipino people, who are their Boss?

“We must wait and see, decide without too much technicalities lawyers are playing that sometimes are intentionally made to delay the proceedings.” — Jun Balo

* * *

Mali ka, Jun. Even our Constitution says: “Section 1. The Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them.”

It only takes a while, and through proper processes, for us to exercise that resident power, but it is there as we used it in People Power!

* * *

We have another letter: “In the impeachment trial of the Chief Justice (CJ), the defense panel raised an objection particularly when the prosecution lawyers were trying to prove allegations against the CJ which are not contained in the Articles of Impeachment against him. According to the defense panel, Article 2 of the impeachment complaint mainly accuses the CJ of not filing his SALN which was disproved by Supreme Court Clerk of Court Enriqueta Vidal who personally brought and surrendered the CJ’s SALN to the Impeachment Court. The defense panel claimed that destroyed the second article altogether and now it seems, it claimed, that the prosecution has proceeded into some sort of fishing expedition and a publicity gimmick against the CJ in now proving that the supposed properties he owned and owns to be ill gotten.

“Recall that Republic Act (RA) No. 1379, or the law declaring forfeiture in favor of the State any property found to have been unlawfully acquired by any public officer or employee, is an effective strategy to combat corruption and promote ethical conduct in public service in the Philippines. Hence, in order to effectively implement RA 1379, several legislative measures were installed and one of them is RA 3019 or the Anti-Graft and Corrupt Practices Act which mandates the filing of a true detailed Statement of Assets, Liabilities and Networth (SALN). The SALN is a primary and effective tool to find evidence of illegal enrichment. Failure to comply therewith may be sufficient cause for removal or dismissal of a public officer or employee. Rules Implementing RA 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees, requires that the SALN shall contain, among other things, an information on the real property, its improvements, acquisition costs, assessed value, and current fair market value.

“Note that on the CJ’s SALNs, only the assessed values of his assets were indicated. The acquisition cost in the contract or the deed of sale are not indicated.

“The value used in the SALN is lower than the price stated in the contracts to sell or deeds of sale is a very common practice in law and is used by most public servants. The purpose, it seems, is to circumvent RA 1379. Hence, this (mal)practice should be stopped as it defeats the purpose of the SALN.” — Atty. Emmanuel LJ. Mapili, House of Representatives Electoral Tribunal

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hvp 01.23.12

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

Mga Sulat ng OFW

Deretsahan

 

 

ni Horacio Paredes

“Undeserving and non performing nga ba ang sinabi ng malakanang sa pagkatanggal kay Gatdula? Una sinabi na dahil sa extortion, mayroon bang matibay na nagsasangkot na indid ay ginawa ito ni Gatdula? Sabi ng Malakanang tinanggal si Gatdula dahil subordination, iba sa sinasabi mong (editorial) undeserving at nonperforming? Kung sa tingin ng malakanang na isa itong simpleng immigration case, bakit hindi inalam ng malakanang kung bakit nga ba narito ang nasabing Japones? Mayroon kaya siyang matibay na dahilan para ipagpalit niya ang karanyaan ng buhay sa Japan kung ikukumpara sa buhay hikahos  dito sa Pilipinas.

“Ito ang unang sinabi ng Malakanang sa press na magsilbing aral di lamang sa mga nakaraang administrasion at sa mga nasa gobyerno ang pagsibak kay Gatdula.

“Napakasakit sa isang dati na may takot sa lumikha at walang dungis na pangalan ay sibakin at ikumpara sa nakarang administrasyon na puno ng akusasyon ng gruft and corrupt practices, di ba? Sana ay tinanggal si Gatdula ng dahil sa subordination, at hindi dahil sa pulitika at graft and corrupt practices.

“At kung totoo ang paratang ng gobyerno, sana ay tulad ni Corona ay kasuhan si Gatdula upang mapatunayan ang pagkumpara niya sa nakaraang administrasyon. Give him a due process and not by taking it to the media at siraan sa harap ng bayan. Nakakahiya para kay Gatdula at tila papuri sa Malakanang ang inyong ibig sabihin. Sa ngalan ng fairness and justice, huwag naman sana ganito ang inyong editorial.” — Edgardo Arellano, OFW Kuwait

* * *

“Well, isa po akong OFW dito sa UAE at palagi akong nagbabasa ng Abante tuwing umaga, at para sa aking opinion ay TAMA po ang inyong obserbasyon na ginagago talaga ni Cuevas itong impeachment court ni Mr. Enrile. Dapat sana pabulaanan na lang nila na hindi totoo ung mga accusation ng prosecution at hindi ung kung ano2 pa ang mga pinagsasabi niya? Na para bang gusto niyang pabilibin ung publiko kaya sinisira niya ung credibility ng mga witness ng prosecution? at akoy naniniwala na ginagamit ni corona ang Supreme Court para sa kanyang laban.

“Papaano pa magkakaroon ng mabuting decision ang isang CJ kung ganitong wala ng tiwala sa kanya ang bayan? Dapat lang na mag bitiw na lang siya at kahit pa mapawalang sala siya wala na siyang credibility bilang Chief Justice at kaming mga OFW dito sa Dubai ay naguusap usap din na iisa ang aming boses. ALISIN SI CORONA… Tama ang mga ginagawa ni President Aquino sa kanyang tuwid na daan!” — S.E. Pangilinan

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hvp (01.23.12)

 

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

An Item from Rappler.Com

“The GOCC has not released her salary for her last month in office in 2010 because she refused to submit her SALN or show their joint SALN filing. Go to www.rappler.com for the whole story.”

by Ducky Paredes

In September 2003, Mr. and Mrs. bought a 1,200-sq- m lot on Maranaw Street in La Vista for P16 million.

Three months later, they purchased a 62.7-sq-m condominium unit in One Burgundy Plaza on Katipunan Avenue for P2.5 million.

A year later, they acquired a 48 sq.-m unit on the 31st-floor of The Columns in Ayala Avenue, for P3.5 million. But, in their tax declaration, the assessed market value was placed at P1.2 million.

In 2005, they bought a 113-sq-m condominium unit on the 19th floor of the Bonifacio Ridge, which cost P9.1 million. But their tax declaration shows the market value at P2.3 million.

They made their latest acquisition in December 2009, right beside Bonifacio Ridge: a P14.5 million, 303.05-sq-m penthouse condominium on the 38th floor of Bellagio Tower 1 in The Fort, with 3 parking slots.

They swear that all of these have been bought on installment.

It must have been a tough grind, paying for all those acquisitions on a salary of only P70,000 a month!

In 2007, four years after they started their buying spree, she took on a job as chairman, president, CEO and COO of a GOCC. She stepped down in June 2010. During those three years, she received a total of about P5.7 million, including basic salary and allowances.

Her annual salary, as of 2009, was: P1.9 million, including allowances. Of this amount, basic salary was P939,972. In 2010, she earned about half of this (P972,148).

She never filed a single SALN while at the GOCC. All public officials are required by law to submit their assets statement.  She did not because she explained that she and her spouse filed joint SALNs.

The GOCC has not released her salary for her last month in office in 2010 because she refused to submit her SALN or show their joint SALN filing.

Go to www.rappler.com for the whole story.

* * *

We have a letter regarding the destruction of 182 of the already very few remaining trees in Baguio City. (One would think that, at least in in Baguio, which we call the “City of Pines,” the pine tree would be a protected species: “It was reported that the Department of Energy and Natural Resources (DENR) gave permission to SM City Baguio for the cutting of 43 planted Alnus trees, and balling of 97 growing Benguet pine trees and 42 pine saplings to give way to its planned seven-level open-air retail, dining and entertainment destination along Governor Pack Road covering 76,000-square-meter floor area, and the same was approved by Baguio City Mayor Mauricio Domogan.

“The DENR executives and Mayor Domogan should recall that the major cause of the tragedy that befell the people of Cagayan De Oro City and Iligan City is man-made which officials in the government, like them, are capable of preventing under stricter enforcement of environmental laws. For, environmental laws are enacted to ensure the preservation of ecological balance and protection of the environment.

“The Philippine Constitution requires that the government ‘protect and promote the health of the people and instill health consciousness among them.’ (Section 15, Article II).

 “Presidential Decree (PD) No. 953 requires the planting of trees in certain places and penalizing unauthorized cutting, destruction, damaging and injuring of certain trees, plants and vegetation.

“Mayor Domogan should instead crusade to leverage the power of environmental laws in protecting and nurturing the environment by enforcing PD 953 and going to the court to stop such ‘tree massacre’. In the case of Oposa vs. Secretary Factoran (224 SCRA 792 [1993]), the Supreme Court upheld the principle of ‘intergenerational equity’ or otherwise known as the ‘Oposa Doctrine”’ which is a trail-blazing doctrine affirming that the interests of the future generations could be protected in court.” — Atty. Emmanuel LJ. Mapili

* * *

Too bad that Reynato Puno is no longer Chief Justice. It was his Court that proclaimed the Writ of Kalikasan  on the basis of Article II, Section 16 on the Declaration of Principles and State Policies of the 1987 Constitution, which states that, “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature”.

The Writ of Kalikasan may be availed of individually and cumulatively and it may include the issuance of a Temporary Environmental Protection Order (TEPO) in cases when there is an extreme urgency and/or the applicant may suffer grave injustice or irreparable injury.

The very purpose of the Writ of Kalikasan is to protect the rights of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation that may involve an environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities of provinces.

So, Atty. Mapili, that’s what you should do. Invoke the Writ of Kaikasan against Henry Sy, SM and your mayor!

* * *

Another letter: “Lost integrity for the position occupied by supposedly the national repository of uprightness, fairness and wisdom.

“It is indeed a national shame of a chief justice to undervalue his SALNs. It is not so difficult to accept this kind of folly from a corrupt businessman, politician, celebrity, ordinary taxpayer but not from a judge or a justice of the Supreme Court much more from a Chief Justice of the Supreme Court.

“Corona has lost all his right to occupy the position of the Chief Justice. He has lost his right to stay in his office a single minute longer.” — Roger C. Limpoco

* * *

“The design of impeachment is to remove the impeachable officer from office, not to punish him. An impeachable act need not be criminal. That explains why the Constitution states that the officer removed shall nevertheless be subject to prosecution in an ordinary criminal case. ” — Justice Renato Corona in his 2003 separate opinion on Francisco v. House of Representatives

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hvp 01.22.12

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

Ang Paghahadlang Sa Impeachment

Deretsahan

 

ni Horacio Paredes

 

Sa impeachment trial noong Huwebes, paulit-ulit na tinanong ni Serafin Cuervas, ang  nangunguna sa mga abugado na dumedepensa kay  Chief Justice Corona, kay Atty. Randy Rutaquio, record custodian ng Registry of Deeds ng Taguig City, kung naroroon ba siya at nakita niya ng kanyang mga mata ang bawat hakbang ng pagrerehistro ng Transfer Certificate of Title sa mga lupain at condominium sa Taguig na nasa pangalan ng mga Corona.

Ang ganitong katanguhan ay walang saysay kundi pang-gagago lamang.

Itanong kaya kay Cuevas kung kailan siya napanganak at kung naroroon ba siya at nasaksihan ba niya ang pangyayari.

Dahil ba hindi nasaksihan o hindi siyang register of deeds mismo ang tumanggap ng titulo at nag-asses ng babayaran at naghanap ng lupain sa mapa, hindi na siya maaaring paniwalaan sa kanyang sinasabi bilang saksi? Hindi kaya na bilang namumuno sa upisina ng Register of Deeds na meron  namang sinusunod na proseso ay dapat nating pinaniniwalaan ang nakatala sa kanyang upisina bilang mga official record ng Taguig at ng bansang Pilipinas?

Ginagago lamang ni Cuevas ang Impeachment Court ni Enrile.

* * *

Gaya ng mga senador, gusto kong alamin ang buong katotohanan tungkol sa kayamanan at kung anuman ang mga kapalakan ng Chief Justice (kung meron man). Kaya lamang, parang ang mga abugadong kinuha ni Corona upang patunayan ang kanniyang walang pagkakasala ay hindi naman interesadong magpaliwanag.

Sa mga akusasyong ginawa ng mga kongresista tungkol kay Corona, ang pinakamagandang depensa ay ang katotohanan.

Sa nakikita ko sa kasulukuyang mga pangyayaring nilalabas sa talebisyon, parang ang depensa nila any ang paghahadlang imbes na ang pagsulong ng pagdinig upang maliwanagan pung ano nga ba ang pangyayari. Para tuloy  na ang gusto lamang nilang mangyari ay ang gulohin ang kaso upang hindi matapos kagaya na rin noong nangyari sa impeachment ni Erap kung saan (dahil sa hindi natapos) ang Korte Suprema na lang ang nagpasya (labag sa batas) na ang Pandak na ang ating pangulo.

Sa kasalukuyang kaso, tiyak na hindi tanggap ng tao ang ganyan na naman. Unang-una, mula noong panahon ni Davide, bumaba na hanggang sa imburnal ang ating hudikatura kasama na rin (nangunguna pa nga yata) ang Korte Suprema. Kung ano ang mangayayari kung matapos ang kasong impeachment na walang paliwanag sa kayamanan ng Chief Justice, kung saan aabot ang pagkaka-poot ng mamamayan, huwag ninyo akong tanungin.

Sa nakikita ko kay Cuevas, napapatunayan niyang matindi pa rin siya at kayang-kaya niyang paikot-ikotan ag mg mas bata sa kaniyang mga abugado. Nagagago niya sila; ngunit, hindi niya natutulongan ang kanyang kliyente.

* * *

Sulat galing sa Pinoy sa Canada: “Hindi kami niniwalang gagawing tuta ni Pnoy ang Korte Suprema malaki ang tiwala ng mga pinoy sa kanyang sinseridad at matapat na layunin pagsilbihan ang  kanyang mga boss.

“Kung sakali, alin ang mabuti tuta ni Pnoy o ni GMA?

“Pnoy patnubayan ka ng Diyos.” — Remi Garcia, Canada.

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hvp (01.20.12)

 

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

Impeachment Weakens the SC?

“We should not fear truth and justice or adherence to the rule of law and the good sense to strictly follow our Constitution.”

by Ducky Paredes

The argument that going against a Chief Justice, bringing him down and booting him out will weaken the judiciary and, especially, the Supreme Court, holds no water. No argument that will maintain corruption and wrong practice strengthens institutions. What strengthens our institutions is an adherence to our constitution and a respect for others. An impeachment strengthens our institutions; doing nothing in the face of clear wrongdoing weakens them.

Did we weaken our democracy when we marched in the streets, resulting in the collapse of a regime and the whole government? Are those countries and the whole geographical areas where the sun of the Arab Spring has shone weaker? Was Russia weakened by the collapse of the powerful and fearsome Union of the Socialist Soviet Republics (CCCP in Russian)? Of course not!

Freedom and Truth do not weaken countries and institutions. Corruption, falsehoods and wrong practice does.

We should not fear truth and justice or adherence to the rule of law and the good sense to strictly follow our Constitution. It is when we allow short cuts and practices that violate the spirit of our Constitution (even if what is written has not been strictly violated) that we weaken it and when we allow the termites of lawlessness to gnaw at our foundations.

If this CJ is faultless and he survives the impeachment, he would have the humility to have even more respect for the majesty of the rule of law.

* * *

The Integrated Bar of the Philippines (IBP) Cebu City Chapter has issued a resolution calling on Chief Justice Renato Corona to take a leave of absence “to effectively dispel any doubt from his critics that he is using the Supreme Court as a veritable shield from his alleged acts of culpable violation of the Constitution, betrayal of public trust and graft and corruption.”

According to the Cebu IBP, it is by his doing so that the “Supreme Court as a venerable institution is saved from being dragged further into the present controversy.”

The group also urged the Senators to conduct the impeachment trial with utmost impartiality, setting aside partisan or political bias.

Further, the IBP chapter cites as its premises of it resolution:

“The Philippines is a democratic and republic state where separation of powers through the three branches of government is maintained and a system of checks and balances is necessary to ensure that ours remains to be a government of laws rather than of men;

“The 1987 Constitution is the highest law of the land which safeguards not only the basic rights of the Filipino people but also ensures public accountability and public trust as indispensable aspects of democracy.”

* * *

Now that the prosecutors have the Statement of Assets and Liabilities and Net Worth of Renato Corona from 2002 to 2010, the accountants among their fellow congressmen can go over these with a fine-tooth comb to se if there is anything amiss in the figures.

From these SALNs, we find Corona’s total net worth per year: 2002 – P14.96 million; 2003 – P7.359 million; 2004 – P7.359 million; 2005 – P8.359 million; 2006 – P9.559 million; 2007 – P11.059 million; 2008 – P12.559 million; 2009 – P14.559 million; and 2010 – P22.938 million.

As a virtual illiterate in making sense out of numbers, these figures don’t tell me anything even if the properties and incomes are listed. There are, however, enough congressmen who are successful businessmen and even some accountants. They probably can go over these SALNs and come to some conclusions.

In the 2002 SALN, two lots were acquired — one donated and another purchased. In 2003, he lists a house and lot donated to him in 1970, land, a condominium unit acquired in 1997 and another piece of land bought in 2003. Corona did not list any acquisitions in his 2004, 2005, 2006, 2007, 2008 and 2009 SALNs.

In the 2010 SALN, he lists additional properties — a condominium unit in Makati acquired in 2003 for P726,000 (current market value: P1.2 million); a condominium unit in Taguig acquired in 2004 and another condominium unit acquired in 2010.

According to the SALNs, all properties were acquired on installment.

Still, one has to fault the impeachment complaint that singled out the Chief Justice for failing to “disclose to the public his statement of assets, liabilities, and net worth as required by the Constitution.”

After all, isn’t this true of  all our judges and justices and others in our judiciary who were only following a resolution of the Supreme Court that was never challenged by anyone?

Shouldn’t the cure for this have come from Congress, which should have passed legislation that would have overturned the SC resolution on this matter that is clearly contrary to the provisions of our Constitution?

In fact, one has to wonder, since even the 188 congressmen who signed on to the Corona impeachment have been keeping their own SALNs secret, how our congress will ever pass legislation mandating freedom of information (FOI) in our country.

* * *

“I didn’t think he was fit to be named to the judiciary and his judgment is not fit for a chief justice. Maybe as a member. He is a far cry from previous Chief Justices like Roberto Concepcion who were never seen and heard, they were just read.”  – Former Senator Rene Saguisag

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hvp 01.19.12

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

Mayor Recom’s Suspension

 “This would end the reconciliation process and Caloocan could finally settle with the GSIS! In March, 2011, Caloocan submitted the first batch of 305 3mployees for uploading by the GSIS membership department.”

by Ducky Paredes

Call it unfair; or, maybe Mayor Enrique “Recom” Echiverri’s own predictions came true. After all, in defeating actor and former mayor Rey Malonzo in the election, Recom must have called him every awful adjective he could think of. Malonzo turned out to be even worse. He left a can of worms for the new mayor.

Barely a year into Recom’s election as Mayor in 2004, a collection letter from the Government Service Insurance System (GSIS) informed the new mayor that this was already the “Third Notice on Past Due Compulsory Premiums.”  Ray Malonzo had not been remitting to the GSIS the premiums that the city had been deducting from its employees’ paychecks.

(Actually, this was not the only account that Malonzo had not serviced. Caloocan was also saddled with unpaid power bills from Meralco, unpaid telephone ills due Philippine Long Distance Telephone Co. (PLDT) and unpaid water bills, among others.)

After paying for arrearages in the last three months of Malonzo’s term — P4,072,880.51 for March 2004 on March 2, 2006; P4.097,119.50 for April 2004 on April 5, 2006; and P4,138,175.00 for May 2004 on April 25, 2006 — as per GSIS, Caloocan still owed the government’s insurance provider P126,506,221.82!

The actual unpaid principal was only P15,290,171,12 (just about four months of actual unremitted collections)! What was killing Caloocan was the running interest that was due from previous accumulated unsettled accounts during Malonzo’s term!

To do what was right by Caloocan, Mayor Recom decided that the only way was to negotiate with the GSIS! He submitted a Request for Condonation of penalties, interests and other surcharges and another request for the amortization of what was due the GSIS.

From 2006, Caloocan and the GSIS have been in talks. Both discovered that their records — Caloocan’s and the GSIS’ — did not match. In a meeting at the GSIS offices with EVP Felicidad Gutierrez, Recom agreed that before any Memorandum of Agreement (MOA) could be signed, a reconciliation of records had to be worked out.

For instance, several Caloocan employees who had retired, resigned and even expired were still in the GSIS list and the City was still being dunned their premiums. This was found to be 634 persons for whom Caloocan was still being charged.

Thus in November 2006, the City Treasurer submitted the updated service records of city employees in order that reconciliation with the GSIS records could be done!

* * *

A year later, in September 2007, GSIS informed Caloocan that the GSIS’ IBM computers broke down and all records submitted by Caloocan disappeared. (This was a big problem between the GSIS and IBM that we wrote about in previous columns. See http://www.duckyparedes.com/blogs/2009/05/27/gsis-vs-ibm-philippines/)

Another year later, in November 2010, Caloocan submitted to GSIS another list of 647 personnel no longer on city hall’s payroll who were still on GSIS’ collection list and for which the city was still being billed.

GSIS Senior Vice President Cecil Feleo informed Caloocan at that time that the GSIS system had also improved to the point that GSIS would provide the city a format under their new computer system, which would henceforth automatically compute the premium for each city employee.

So, finally, after all that, Caloocan could now update all of the service records or all employees from 1997 to 2010 and their records would automatically match those of the GSIS. This would end the reconciliation process and Caloocan could finally settle with the GSIS!

In March 2011, Caloocan submitted the first batch of 305 3mployees for uploading by the GSIS membership department.

* * *

On July 7, 2011, after Recom started on his second term as Caloocan Mayor, Vice Mayor Egay Erice filed a complaint before the Office of the Ombudsman seeking the preventive suspension of the mayor. The Ombudsman issued and order of suspension for the reason that “(t)o date, the respondents still failed and refused to remit the premium contributions of the employees of the Local Government of Caloocan City.”

That order was also implemented by the Department of Interior and Local Governments. 

The status of this, at the moment, is that the Executive Judge of Caloocan RTC # 128 has taken cognizance of Mayor Recom’s Prayer for Declaratory Relief, which has been raffled and is presently being heard at the regional trial court level. In the meantime, the order for preventive suspension will have to wait until the Regional Trial Court is done with its hearings.

Who is Vice Mayor Egay Erice? He is a politician who ran for Mayor in 2004 and lost, for congressman n the 2nd District of Caloocan and lost. He was a virtual had-been who was given a chance to resurrect his political career when Recom invited him to run as Mayor Recom’s vice mayor in 2010.

Why has he turned against Recom? Obviously, he is preparing another run for mayor in 2013. If he can be sitting as mayor before the elections, he probably figures that he has a slim chance to make it and claim to have solved the GSIS problems of the city.

* * *

For me, Mayor Recom must be doing well. Caloocan is among the few places in this country where one can apply for and/or renew a business permit on-line. Considering that I had to start at the rear of the line where I live for the same thing that one can do on-line in Caloocan, I do sometimes wish that I were living in a place where dealing with the LGU on-line is an accepted practice.

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hvp 01.18.12

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

Mayor Recom ng Caloocan

Deretsahan

 

ni Horacio Paredes

 

Kung titignan lang natin ang pangyayari, parang tama na ang isang alkalde ay masususpinde dahil sa hindi naibabayad sa Government Service Insurance Systen (GSIS)  ang mga binabawas ng lungsod sa sahod ng mga empleyado para sa GSIS. Ngunit tama ba ang naging hatol ng Ombudsman kay Mayor Recom Echiveri ng Caloocan na “preventive suspension for six (6) months”?

Wala pang isang taon nang nahalal si Recom sa pagka-alkalde, nakatanggap na ang Caloocan ng “Third Notice on Past Due Compulsory Premiums” galing sa GSIS. Sino ang may kagagawan nito? Maliwanag na hindi si Recom.

(Hindi lamang ang hindi pagbayad sa GSIS ng kinaltas sa sahod ng mga empleyado, ang pagkukulang ng dating alkalde na si Rey Malonso ay merong kalaihan. Sa totoo lamang, hindi rin bayad ang Meralco, PLDT at MWSS para sa nagamit ng City Hall na Koryente, Telepono at Tubig!)

Kahit na hindi ito pagkukulang ni Recom, kanya pa ring inasikaso ang problema. Nakiusap siya sa GSIS. Nagbayad siya ng P4,072,880.51 noong Marso 2, 2006; P4,097.119.50 noong Abril 5, 2006; at P4,138,175.00 noong Abril 25, 2006. Ito ay para sa tatlong buwan ng 2004!

Noong Marso 31, 2006, ayon sa GSIS, ang utang ng Caloocan ay nasa P126,506,221.83 na binubuo ng P15,290,171,12 na prinsipal na kinaltas sa mga sahod at hindi pa nababayaran sa GSIS at interes (multa) na P111,216,050.70! Para namang umutang ang Calocan sa five-six sa laki ng interes sa mas maliit na halagang hindi pa nabayaran!

Naki-usap ang pamahalaan ng Caloocan sa GSIS na kung maaaring mabawasan o kaya’y patawarin na ang interes o multa dahil hindi naman ang lungsod ang may kagagawan kundi ang dati pang alkalde. Sa pag-uusap ng lungsod at GSIS, lumilitaw rin na hindi gaanong makatugma ang listahan ng mga empleyado ng Caloocan sa talaan ng lungsod at ng GSIS,

Noong Nobiyembre 2006, nagsumite ang Caloocan ng “service record” ng mga empleyado. Pagkalipas ng halos isang taon, noong Septiyembre 2007, pina-alam ng GSIS na nagka-problema ang kanilang computer at ang lahat ng mga sinumite sa GSIS ng pamahalaan ni Recom sa Caloocan ay nabura.

Tuloy ang pag-aayos ng GSIS at ng Caloocan ng kanilang mga talaan. Noong Nobiyembre 2010, pina-alam ni  Vice President Cecil Feleo ng GSIS na sa bagong sistema ay mas madaling malaman ng lungsod kung magkano ang babayran para sa bawat empleyado sapagkat automatic na itong ilalabas ng computer kada-buwan.

Unti-unting na-aayos ng lungsod at ng GSIS ang kanilang magkaparehing record hanggang sa nasimulan na ang pag-sumite ng Caloocan ng first batch na 305 na empleyado upang ipasok sa computer ng GSIS noong Marso 16, 2011.

Tapos na ang pag-aayos at nagsisimula nang nababayaran ang GSIS!

Ngunit, noong Hulyo, 2011, si Vice Mayor Egay Erice ay nag-file ng sumbong sa Ombudsman laban kay Mayor Recom Echiverri na hinihiling ang “preventive suspension” ng alkalde.

Nakauha ng TRO si Recom at ang Ombudsman naman ay pinipilit ang hatol nito na “preventive suspension.” Noong Enero 11, 212, ang pagdinig ng hinihilig ni Mayor Recom na “declaratory relief” galing sa DILG at sa RTC 128 ng Caloocan ay sinimulan ng dingin ng RTC.

Sa totoo, walang ginawang mali si Recom. Handa siyang bayaran ang mga utang ng lungsod na kagagawan ni Malonso. Kaya lamang, dapat na maayos at magtugma muna ang mga record ng GSIS at ng lungsod ng Caloocan.

Sa totoo lang, pagkatapos ni Malonso, maswerte ang Caloocan na meron silang alkalde na mas matino at mas nakaka-intindi ng dapat na gawain ng isang alkalde. College Graduate si Recom at nag-aral kahit hindi nakatapos ng abogasiya.

Ang kanyang dinatnan sa city hall, ay kanyang ini-ayos at pinaganda. Ayon pa nga sa website ng Caloocan (http://www.caloocancity.gov.ph/), maaring sa online magpa-renew ng business permit, Sayang at hindi ako sa Caloocan nakatira. Sa amin, ang hahaba ng pila sa pag-rerenew ngbusiness permit!

 

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hvp (01.17.12)

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