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Corruption and Poverty

Tuesday, March 2, 2010

 Malaya (03.02.10)

 

“One can say that corruption in its more extreme manifestations is a symptom of poverty, both a result and a cause of poverty.”

by Ducky Paredes

    Ambassador Alistair MacDonald of the Delegation of the European Union in the Philippines, in speaking before the 2nd Bisyon 2020 Integrity and Human Rights Conference, said about the Ampatuan massacre: “I want to underline that for public opinion around the world, this was not a massacre in Maguindanao, nor was it a massacre in Mindanao. It was a barbaric act in the Philippines, and it is the international image of the Philippines that is tarnished by this despicable crime.

“That image can be restored only if timely action is taken to ensure that all responsible are brought to justice, and if convicted are punished with the full rigor of the law,” he added.

Of course, as with all cases that end up in our courts, time seems to stop as justice moves at a snail’s pace.

And even our justice system can be corrupted. And that – corruption – is the real problem. Businessmen finance political parties (illegally) to assure that they can collect on future favors; we bribe police to avoid traffic tickets and officials with kickbacks on contracts they approve. The Ampatuan massacre is a direct result of corruption.

 “For accountability and enforcement to be effective,” says the ambassador, “the public and the civil society should be informed and interested and reject corruption and fraud as something which is part of the normal lubricant of government business.”

 “One can say that corruption in its more extreme manifestations is a symptom of poverty, both a result and a cause of poverty. But my point remains that no country is free of this risk, and no-one is in a position to speak as if they were a lecturer or a preacher, smug in their freedom from sin. Greed is universal,” he added.

What the next President has to do is to raise the risks for the corruptor by sending more of them to jail. Maybe if he can do that, we c an move away from being the 11th in the listing of the world’s most corrupt countries. Then, maybe, that might also impact on our very high poverty levels.

On the other hand, if we elect a President who will not actively pursue a clean-up of the bureaucracy and continue with business as usual, things can only get worse for us all.

* * *

According to a survey done by Pulse Asia, nearly seven out of ten Filipinos are unaware of the party list system. For the awareness to be so low even as this is already the fifth time that we are electing congressmen under the Party-List system forces us to reconsider the worth of the party-list and whether we even need to continue with the party-list system.

The idea of having party-list congressmen was that of giving wider representation to groups that would have no representation if our congressmen all came from the usual congressional districts. Without the party-list who would represent “labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector” in the language of the Constitution?

Now, however, we have regular congressmen elected by legislative districts running as party-lists to give way to their relatives who want to also get into congress. This should tell us that the party-list system is not working. Others prefer to run under party-lists since it is an easier way of getting into congress. In fact, the system has been corrupted and the same persons who would otherwise be running as regular congressmen have invaded the ranks of the party-list. This means that the unrepresented sectors are still unrepresented since the same person who would otherwise be congressman is now a party-lister..

It is only in the National Capital Region where a majority (51%) of the voters is aware of the party-list system. In the last election, only nine party-list groups garnered support above the 2% threshold.

The Supreme Court changed that by ruling that all of the allocated seats for the party list had to be filled. This is from the SC’s decision:

“The percentage of votes garnered by each party-list candidate is arrived at by dividing the number of votes garnered by each party by 15,950,900, the total number of votes cast for party-list candidates [in the 2007 elections].

“There are two steps in the second round of seat allocation. First, the percentage is multiplied by the remaining available seats, 38, which is the difference between the 55 maximum seats reserved under the Party-List System and the 17 guaranteed seats of the two-percenters.

“The whole integer of the product of the percentage and of the remaining available seats corresponds to a party’s share in the remaining available seats. Second, we assign one party-list seat to each of the parties next in rank until all available seats are completely distributed. We distributed all of the remaining 38 seats in the second round of seat allocation. Finally, we apply the three-seat cap to determine the number of seats each qualified party-list candidate is entitled.”

What we have is an easy system for getting elected into congress with all of the benefits that congressmen have — even a pork barrel allocation even as the party-list congressmen have no district on which to spend the funds to build roads, bridges, hospitals which is the main reason why congressmen are allocated their funds.

Perhaps, if the party-lists are not allowed pork barrel allocations, the regular congressmen and many of the present party-listers would not be so interested in running as party-listers.

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hvp 03.01.10)

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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Queen’s Gambit

Tuesday, March 2, 2010

Deretsahan

 ni Horacio Paredes

“Puwede ho bang mai-share itong  aking pananaw  para ipahiwatig ang posibleng maging scenario sa  darating na eleksiyon.

“Mabilis pa sa alas cuatro na tinawagan ni Atty. R. Macalintal  si GMA sa Malacanang at sinabing ang SC ay binasura  na ang complaint para sa pagtakbo ni GMA bilaNG congresswoman sa  2nd distrcit ng Pampanga at sigurado na ang kanyang pagtakbo at pagkapanalo sa Mayo 10, 2010.

“Queen ’s  gambit accepted.  Matalino man raw si Atty. Macalintal pero hindi niya napaghandaan ang bunga  ng kanyang pinag-gagawa.   

“Ang  pangangampanya  ni  GMA   ay magsisimujla sa Marso 26, 2010 sa halalang pang-lokal at inaasahan ang kanyang panalo. Ang ibig sabihin ay sa ika-30 ng Hunyo 201 tapos na ang kanyang termino bilang pangulo ng ating bansa at nagsimula na ang kaniyang pagiging kongresista..

“Ito ang magandang twist of faith.  Ito ang resulta ng queen’s gambit accepted. Sakaling  walang ma-proclaim na panalong presidente at bise presidente pagkatapos ng halalan ng 10 Mayo 2010, puwede pa sanang na sabihin ni GMA na dahil  failure of election, siya pa rin ang uupong Pangulo hanggang hindi pa napoproklama ang bagong Pangulo.

 “Ngunit, dahil sa kongreista na siya sa katanghalian ng Hunyo 30, 2010, wala na siya sa mga maaaring pansamantalang maaaring umupo. Pinili niyang maging  congresswoman kung kaya  wala na siyang karapatang maging hold-over president kung pumalpak ang Comelec at ang halalan.

“Puwede ho bang mapagaralan ng ating mga batikan na mga abugado ang legalidad na umopo si bise presidente Noli De Castro bilang caretaker presiident. 

“Magandang malaman ang sagot na puwede ito para hindi na makabalik si GMA as president.

 “Ang sinasabing may posibleng may malawakang brownout dahil sa El Nino ay posibleng maging sanhi ng failure of automated election.”– Fernando Anluagui, Faith sans frontiers

* * *

Maganda ang naisip mo, Fernando. Dahil rin wala tayong Senate President at Speaker na maaari sanang pansamantalang uupo, maaaring ang Kongreso o ang Korte Suprema ang mag-dedesisyon kung sino ang pansmanatalang uupo. Kung talagang minamalas tayo baka si GMA pa rin ang mapiling Speaker o kaya ang kanilang pauupuin pansamantala.

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hvp (03.01.10) 

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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Monday, March 1, 2010

“All  ballots counted by the 75,471 PICOS machines should  be manually counted in the traditional fashion before the public at the precinct level.”

Auditing the PCOS

by Ducky Paredes

From the moment I saw the email, I thought it was a hoax. “Who owns a house like this?” the e-mail asked. Then, lots of photos of a mansion supposedly in Salt Lake City (actually in Los Angeles, according to Snopes.com which is the place to go to check up on hoaxes). Then, the e-mail says that Manny Villar owns it.

Why did I know it was a hoax? Because Manny Villar is smarter than Mikey Arroyo. The dumbest thing one can do is to buy a house in America, specially one as ostentatious as the one in the e-mail. At any rate, what Villar’s daughter Camille says about this is what is important specially since a lot of savage texts about Noynoy look suspiciously like they could be coming from the Nacionalistas. Here is what Camille said:

“Sana po, tama na ‘yong paggagawa, pag-iimbento nila ng istorya na. Katulad noon, ‘yon talaga po ay walang katotohanan talaga inimbento po nila. Minsan-minsan nasu-surprise kami doon sa sinasabi nila, minsan gawa-gawa lang po talaga.”

Let’s hope that others are also hearing Camille and will have the good sense to know that the best way to win is that of doing so without destroying anyone.

* * *

What follows is an e-mail from Felicito C. Payumo, a three-term Congressman of Bataan and former SBMA Chairman/Administrator. He is Chairman of the University of Nueva Caceres:

Lately, there have been enough people who, previously, were giving the COMELEC the benefit of doubt in making the Automated Election System (AES) “systems ready” before the May elections but are now clamoring that it switches to a “completely manual mode.” It is not just the readiness of the system but the acceptability to the public of the machine count that is being questioned. But a fully-manual system means going back to the 45 days of nerve-wracking waiting game and making our country again a laughing stock while the rest of the world watches our slow motion count. And wouldn’t that put to complete waste the P7.2 Billion rental payment to Smartmatic?

Do we have no other option but to make a leap of faith in the untried and distrusted AES or revert to the fully- manual system of counting and canvassing of votes? Are they our only two ineluctable choices?

While the law requires a Random Manual Audit (RMA) of one precinct per congressional district, everyone agrees that that sample size is woefully inadequate. Suggestions have been made to increase it from ¼ of 1 percent of the population to 7.5 percent - the bigger the sample the less margin of error- but the COMELEC has been non-committal. Equally important is the transparency of the manual audit by the BEI auditors using the traditional manual counting witnessed by official watchers of political parties and accredited observers. The results of both the PICOS machine count and manual count should be posted in the precincts. Needless to say, in case of discrepancy, the “root cause of the discrepancy” should first be determined as required by law, but the count that is most transparent –i.e. manual count- should be the one transmitted electronically. Common sense dictates that there be no proclamation of candidates before the manual audit. The argument that waiting for the manual count will cause delay betrays the “rush to proclaim” intent. The manual count, as everyone knows, takes at most 12 hours.

100 Percent Manual Audit- But there is a third and preferred option -a 100 percent parallel manual audit - this, being our first nationwide automated elections. All  ballots counted by the 75,471 PICOS machines should  be manually counted in the traditional fashion before the public at the precinct level. I can almost hear the COMELEC officials cry “why  spend for the machines if we are to do 100 percent manual count anyway? It will mean extra cost and delay.” Even the technical experts among my friends think that a 100 percent manual audit is an overkill.

But they miss the point! Public acceptance of election results of the local contests is equally important as acceptance at the national level. A given sample size may be adequate to determine the accuracy of the count for national candidates but not at the local level. To illustrate, SWS or Pulse Asia, with a sample size of 1200 in their poll surveys, can give results with a + or – 3 percent margin of error for national candidates. But the same sample size - divided into 4 areas, namely, 400 for Metro-Manila, 400 for Luzon, 400 for Visayas and 400 for Mindanao – is too small to read the preferences for Governor, Congressman, and especially, Mayor with the same degree of accuracy. In like manner, a sample size for random manual audit good enough to determine the winners of national candidates, will certainly not be acceptable to determine the winners at the local level.  A candidate for Mayor, especially, who has no trust in the machines, will not accept his loss when only 1 or 5 precincts have been manually audited in his municipality.

Hence, a 100 percent manual audit of all machine counts is not an exercize in superfluity. It is imperative that there be public acceptance of the election results from national down to local level. Public acceptance is indispensable in a democracy.

It also serves as the first block in confidence building for the AES. Should the results show a high congruence between the machine and manual counts, then the AES, subject only to normal safeguards will encounter less public resistance in the 2013 and subsequent elections. The funds spent for the machines, therefore, will not have been wasted, and automation, still “a consummation devoutly to be wished”, will be attained.

With respect to the extra cost of doing the manual audit, the same BEIs attending to the voters in their precincts can be used as auditors for other precincts. At 3 BEI-auditors per precinct, the 75,000 clustered precincts will need a total of 225,000 auditors. Paying P1000 per auditor will total only P225 million. It is a small amount to be paid for public acceptance of the election outcome.

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hvp 02.28.10)

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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Lito Atienza’s ‘House of Angels’

Friday, February 26, 2010

  “One couple’s unwanted baby can be the most wanted one in another family.” 

by Ducky Paredes

What surprised attendees  at a fund-raiser held in a hotel in Manila for the campaign of Former Mayor Lito Atienza who is returning as Manila Mayor on a campaign to bring life back to the city (Buhayin Muli ang Maynila) were young performers — ballet dancers, singers and modern dancers, many of whom showed great talent. They were abandoned children who had been taken in by the former mayor’s private initiative which he calls “House of Angels,” Lito’s personal effort at saving crisis babies.

Atienza is a devout Catholic and strictly follows Church doctrine on the sanctity of life: “There are no unwanted children,” he says, “only selfish adults.” Crisis babies are those their own parents regard as inconveniences that they are better of not having

His “House of Angels” began  on his last term as vice mayor. Attending an El Shaddai prayer-rally, he told Mike Velarde about his idea of setting up a crisis center that would take in children who would otherwise be abandoned or, worse, aborted. This was then still just an idea and Lito was even in doubt about its viability, when Velarde announced at the Luneta before the El Shaddai’s horde of thousands that the vice mayor would take in any babies. The very next day, a woman was at the Atienza apartment where the Atienzas had their own six children living in a two-room residence.

Now, there is a two-story House of Angels in Sta. Ana, Manila, that takes in unwanted babies. Some 300 babies have gone through the House of Angels which is not an adoption house or an orphanage, just a place that will temporarily save babies from worse fates. From there, they will move to other institutions or will be adopted by parents looking for children to love. Based on the performers at the fund-raiser, many of these children are potential world-beaters.

Lito says: “Life comes only from God. Life is not man-made.  Who knows, that child may become a Jose Rizal, a Manny Pacquiao, a Charise Pempenco, an Ariel Pineda, Nobody but God knows the future of every child.

“One couple’s unwanted baby can be the most wanted one in another family.”

* * *

One thing that distinguishes Atienza from most politicos is that he is consistent in what he believes. For instance, he is against the Reproductive Health Bill and sticks to the language and spirit of Catholic Doctrine. Thus, he argues that our large population is no the problem.

Look at China, he says, it has the highest population and is among the world’s leading economies.

In politics, he has also always been faithful to the Constitution. Thus, he was against the unconstitutional ouster of President Erap in 2001 just as he disagreed with segments of his Liberal Party, which he then headed, who wanted to unconstitutionally depose President Gloria Arroyo in 2004.

Because of his stand against the moves to unconstitutionally remove Gloria, Lito was removed as Chairman of the Liberal Party which was ordered by the Courts to unite the factions of the party. Instead the LPs, under Franklin Drilon, who was invited into the party by Lito who also made him Chairman, unceremoniously removed Atienza from the LP.

Will his removal work for the LP in Manila or will it work against it in the May election. My reading is that the LP could lose Manila and most of Metro Manila precisely because, for the first time in a long while the LP has national candidates; yet,  this time around, Mr. Liberal Party  in Manila (Lito Atienza) is not backing the candidacies of Noynoy Aquino and Mar Roxas, the official LP candidates. For a long time, during the dark days when Martial Law ruled, Atienza was the only LP in national office.

The leadership of the Liberal Party has changed – perhaps, not for the better.

* * *

What was different about Manila in the years when Lito Atienza was mayor is that he had a plan for the city that consisted of urban renewal and the rebirth of Manila as the wondrous city that made the Philippines, the pearl of the orient. Manila was a beautiful city before it became the most bombed-out major city in World War II. Sadly, while the rest of the world’s cities have grown as human habitats, Manila wallowed in the sewers olf politics, greed and incompetence.

During his time as Mayor, Lito  Atienza worked on his dream of a Manila resplendent again: “My vision is to catch up with the great cities of Asia in urban development, but a development that is more people-oriented and more attuned to the quality of life we all dream of. It’s not a  development that only wants to see an impressive collection of skyscrapers. More than that, Buhayin ang Maynila, the battle cry of our administration, expresses our goal of improving community life and services and the environment, developing the  facilities in the public areas, preserving the city’s links to its glorious past, and ultimately reviving Manila’s soul and spirit and traditions.”

He started with what was called “Bay Walk” that gave Roxas Boulevard a life of its own but which was immediately shut down by the next administration and condemned to oblivion.

Atienza was a different Mayor because he had a philosophy and searched for the soul of the city in order to grow it and nurture it. He is a rarity in politicians who seek the nuances and the secret life force of the city and country they live in. Most politicos only want to control and exploit.

Seeing the former mayor campaigning in his signature flower print Hawaiian shirts, Manilans can look forward to again having someone in City Hall who knows what living in Manila means and how it can improve for the better.

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hvp 02.25.10

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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Bananas and Rice

Thursday, February 25, 2010

 Malaya (02.25.10)

 

“If we will not rely on proven science, are we now into voodoo?“

 

Bananas and Rice

 

by Ducky Paredes

 

Government agencies ought to help and protect industries that give employment and bring in funds for the country.  They ought not to cooperate with outsiders who are out to destroy the Philippines.

 The Department of Health recommend on November 23, 2009 that Agriculture Secretary Arthur C. Yap issue an order banning aerial spraying. The Commission on Human Rights also advised President Gloria Arroyo to do the same thing.

Prior to this, there was a pseudo-investigation on the matter by a Dr. Allan Dionisio, who looked into aerial spraying. Many of his findings were outright lies. He reported persons who had died from aerial spraying who showed up at forums held by the local governments to discuss his “findings.”

Why would government functionaries stick out their necks to back an unscientific study that would have killed off a 40-year old industry that has succeeded in making a $800 million niche for itself in the fruits export market. It employs thousands of workers and has brought progress to rural areas in Davao and neighboring provinces.

Both agencies cited Principle 15 of the Rio declaration issued by the United Nations Conference and Development in Rio de Janeiro, Brazil in 1992.

Principle 15 reads: “In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are threats of serious irreversible damage, lack of scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”

It must be pointed out to government that this principle says that “lack of scientific certainty” is no reason for not doing anything drastic. If we will not rely on proven science, are we now into voodoo?

No wonder that experts in international law and those in the scientific community believe that the principle takes away the burden of proof from the person who makes the accusation.

In pushing for their call, both government agencies relied on the precautionary principle of Rio by claiming that the 2006 study on Camocaan, a village in Hagonoy, Davao del Sur, serves as a foundation for banning aerial spraying. But, wasn’t that the study where Quijano of the Pesticides Action Network claimed that several people were affected with illnesses due to aerial spraying which turned out to be lies?

Both the Quijano report and the data in the 2006 DOH study were questioned not just by local experts; even the World Health Organization (WHO), in its peer review, branded the study as inconclusive.

In the case of the Health department, it was not clear whether it was able to establish the “threats of serious irreparable damage” as specified in the principle considering that the very study that it commissioned was done to suit its campaign to ban aerial spraying..

Banning aerial spraying based on the precautionary principle without a strong foundation will not only result in an “irreversible damage” to an industry that has been providing livelihood to thousands of ordinary people, it is also a violation of due process.

Besides, all over the world, banana plantations use aerial spraying to control fungus in bananas, Why ban aerial  spraying in the Philippines, when it is not banned elsewhere in the world? A  ban would totally destroy an export industry that  been a total winner for this country over the last 40 years.

* * *

From someone I consider as our resident reader-rice expert comes this note:

“The NEDA rice issue must be addressed. NEDA  announced some 250,000 MT of rice  imports for the private sector on top of the 163,000 MT last week-approved  f0r the NFA. 

“In ten months of monitoring , NEDA has not publicly  disclosed its position if any, on rice importation;  1.8 MMT in 2007, 2.4 MMT in 2008, imperative all the more as 2.1MMT were conducted on G to G mode, and the recently concluded 2.3MMT , a combined tonnage of 6.5MMT, estimated  at $3.9 Billion or P182.0 Billion.

 “On the 17th, the NFA confirmed that ‘we have enough rice, imports not needed,” and the following day, this report: ‘During a visit to Davao City yesterday, President Gloria Macapagal-Arroyo told reporters that the country need not significantly hike its importation of rice and other staples amid the dry spell. “[The Agriculture department] said food supply will not be affected [by El Niño]. It is the income of the farmers that might be affected, so we have to look at that,’ she said.

“So, the NEDA announcement is surprising, coming  on the heels of our President’s  message. As the additional tonnage is duty-free, is the NEDA’s role confined to this privilege, and rice imports subject to a 40-percent tax is out of its responsibility? Is there a  looming  rice shortage? Under what conditions was the NEDA approval made and under what conditions were the rest decided? Is the tonnage in compliance with a Minimum Access Volume (MAV) for rice under an international trade agreement? NEDA must explain! We thirst for the truth!

“On the 22nd, it was comforting to hear three optimistic senior  officials, DA Undersecretary Joel S Rudinas,  DA National Rice Program Director Frisco M Malabanan, and NIA official Antonio S Nangel.

“Mr. Malabanan  said our rice farmers can produce 17.4M tons still up from 16.2 MMT in 2009. “The actual impact on the ground was not yet big”,  validated  by a February 16 report by Ms. Marites Bernardo of DA ACAC group that only 1.5% or 57,000 metric tons(palay) of the first semester estimate of 3.79  million tons was so far affected .Pantabangan Dam  has enough to sustain standing  crops, very significant as Central Luzon accounts for 20-percent of national requirements.

“Why did NEDA approve additional importation and make the announcement?   The NFA’s 2.3MMT importation will raise our year-end stocks to 100 days, which additional volume will make our farmers cry! The fact is, a disastrous 4.3 million ton drop in palay production will result in an acceptable 30-day buffer stock, even transgressing into  our October 2010-January 2011 harvests. Are our rice stocks in the warehouses bloated or overstated?” — Manuel Q  Bondad

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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 12.24.09)

 

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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Landgrabber Nga Kaya?

Thursday, February 25, 2010

Deretsahan                             

ni Horacio Paredes 

Madaling maintindihan ang kwentong ito. Mayroong mga magsasaka sa Norzagaray, Bulacan na matagal nang nagsasaka sa kanilang lupain. Ang ilan sa kanila’y mga anak ng mga Dumagat na nasa lupaing ito sa simula pa lamang ng bansa. Ilan rin ay nasa lupain mula pa noong panahon ng Commonwealth kung kailan mga Amreikano pa ang nagpapalakad ng Pinas.

Napatitulohan nila ang kanilang lupain noon na lamang Abril 27, 1964. Binigyan sila ng Register of Deeds ng Bulacan na titulo na Original Certificate of Title (OCT) No. P-858/ Free Patent No. 257917.

Marso  7, 1987 nasunog ang opisina ng Register of Deeds ng Bulacan.

Ang mga magsasaka’y humingi ng reconstitution of title sa korte; ngunit, laking gulat nila nang tinutulan ito ng Bangko Sentral ng Pilipinas (BSP) dahil ang kanila raw lupain ay sakop ng titulo ng lupang pag-aari ng BSP sa hawak ng BSP na TCT T- 48694 P(M) na 485 ektaryang sakahan.

Papaano nangyari na binigyan sila ng titulo na ang ibig sabihin ay walang ibang nagangkin nito hanggang 1964 kung kailan sila binigyan ng titulo; tapos, nasunog lamang ang opisina ng Register of Deeds at iba na ang may-ari? Paanong napunta ang lupain nila sa BSP?

Ganito ang nangyari. Nagpautang ang BSP sa Capitol Development Bank na pag-aari nina Manuel at Cynthia Villar, ang Speaker of the House at isang congresswoman, malalaking mga tao.

Hindi nakabayad ang bangko nila sa BSP kung kaya niremate ang lupaing kanilang sinanla sa BSP na mayroong anim  na sunod-sunod na titulo mula TCT T-38651 P(M) hanggang T-38659 P(M). Galing naman ang anim na ito sa TCT T-1182 P(M).  At, ang orihinal naman na titulo ay OCT No. 287 ng Registry of Deeds ng Bulacan na na-petsahan ng  25 July 1944.  Ayon sa OCT na ito, ang titulo ay binigay sa ilalim ng kapangyarihan ng Sec.122 of Act 496 ng Land Registration Act ng United States of America.

Baket nabigyan ng OCT ang mga magsasaka noong 1964 kung kailan ay kumpleto pa ang lahat ng titulo sa Register of Deeds ng Bulacan (bago ito nasunog) mula pa noong panahon ng Kastila. Di kaya na ang ibig sabihin noon ay walang nakitang hadlang ang Register of Deeds sa hiling ng mga magsasaka para sa kanilang titulo, E, baket pagkatapos nasunog  ang mga titulo ng Register of Deeds ay biglang nagkaroon na ng hadlang ang titulo ng mga magsasaka?

Meron bang mga titulo na ginawa noong panahon ng hapon (1944) na alinsunod sa batas ng United States of America? Maari bang mangyari ang ganito?

Ang sagot naman ng mga Villar sa problema ng mga magsasaka ng Norsagaray ay ganito: Na dismiss na ang parehong kaso na iniharap sa Ombudsman kung kaya hindi na nila sasagutin kung anuman ang problema ng mga magsasaka. Ang masama nito ay kung walang magpapaliwanag, nagmumukhang  peke ang titulong pinaremate ni Manny Villar sa BSP. Totoo man o hindi, kapag nanalo siya sa pagka-pangulo, saan pa maaaring tumkabo ang mga magsasaka ng Norzagaray para makamit ang katarungsn? O, wala na ba silang pag-asa?

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hvp (02,25.10) 

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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Just the Facts

Wednesday, February 24, 2010

 “Will a Villar presidency only be a repeat of what we have been getting from Gloria and Mike and their close coterie of cronies?”

by Ducky Paredes

This is a plain and simple land-grabbing case, which tells us a lot about the people involved.

Involved, as victims are farmers who have occupied and cultivated their farms since the 1960’s.  Some of them were descendants of Dumagats who occupied the land since time immemorial, as well as farmer-settlers who had been there since the Commonwealth years.

They obtained title to their farms after a long wait for Original Certificate of Title (OCT) No. P-858/ Free Patent No. 257917 issued by the Register of Deeds of Bulacan on April 27, 1964..

On March 7, 1987 a fire hit the Registry of Deeds of Bulacan burning all copies of  the OCT’s in their vault.

The farmers – fire victims — represented by Gina S. Jarvina et al. and Valentino  Amador filed a petition for reconstitution of their title before the Regional Trial Court of Malolos, Bulacan Branch 16 after some time when they realized that they had to do so.

Imagine their surprise when the Bangko Sentral Ng Pilipinas (BSP)  filed an intervention claiming that the parcels of land covered by the free patent OCT of the farmers formed part of another Title TCT T- 48694 P(M) for  a 485-hectare agricultural land issued on July 30, 2003 in the name of the Bangko Sentral Ng Pilipinas.

What was going on? Why was  the BSP claiming their land?

Apparently, BSP obtained its  title to the land through an auction sale after an extra judicial foreclosure of a mortgage executed by Manila Brickworks Inc. to secure a loan obtained by Capitol Development Bank (now Optimum Development Bank) from the BSP .

It was Congresswoman Cynthia Villar of Capitol Bank who executed the mortgage in favor of BSP. Manila Brickworks and Capitol Bank had interlocking directors. Both were owned by the same people.

Manila Brickworks mortgaged nine consecutively numbered  titles  to the BSP: TCT T-38651 P(M) to T-38659 P(M).

The nine titles apparently came from TCT T-1182 P(M) of the Registry of Deeds Of Bulacan all also under the name of Manila Brickworks

And, TCT T- 1182 P(M) allegedly emanated from OCT No. 287 of the Registry of Deeds Bulacan allegedly dated 25 July 1944 pursuant to a sales patent.

OCT No 287 was supposedly issued in 1944 under sales patent , which derives its existence from Sec.122 of Act 496 of the Land Registration Act of the US Government.

Here is the timeline: Before the 1960’S, petitioner farmers are in open continuous and obvious occupation of  Norzagaray Land in question.  Many of the farmers had forefathers who had been cultivating the land since the Commonwealth period,

April 27, 1964 – Petitioner Farmers obtained a mother title from the Register of Deeds of Bulacan.

March 7, 1987 – Fire guts Register of Deeds of Malolos, Bulacan.  

 April 1998 -  Cynthia Villar, representing  Capitol Bank obtained a loan from BSP by mortgaging lands, which cover the parcels of land under the name of Manila Brickworks. The mother title or OCT of the alleged TCT’s was alleged to be OCT  287 of the Registry of Deeds of Bulacan allegedly issued July 1944.

July 2003- After Capitol Bank’s failure to pay its loan, BSP took over the parcels of land  mortgages by the Villars.

2004 – Farmers filed for reconstitution of their title and found that the BSP now owned their land.

* * *

Those are the facts. Now, the questions:

1. When I borrowed from a bank to buy the small house where I now live, the bank  had me apply for reconstitution of the title because the Quezon City Register of Deeds had burned down several times over the years. My loan was not approved until the Court had ruled on the title of the property.

Did the BSP also check on the title proffered by the Villars before accepting it or did his  then being Speaker and her being congresswoman helped to obtain the P1.5 billion loan from the BSP, which gave the loan sin pesar (without thinking)?

2. If the various TCTs from which the current TCTs emanated are real, why were the farmers given their titles to the same piece of land by the Bulacan registry of deeds in 1964, when the Bulacan Registry of Deeds’ records were still complete (before the fire) and had all of the original titles even from the Commonwealth Period?

3. Are the Villar titles real or fake? If the Manila Brickworks titles are real, the existing title to the land issued in 1944 should have shown up and the farmers’ lands should not have been titled. But, apparently, in 1964,when the farmers were issued their titles, those Manila Brickworks titles were not in the Registry of Deed’s files — before the fire!

4. Besides, in July 1944, wasn’t this country under Japanese occupation and hence there would not be  any valid title issued under Sec.122 of Act 496 of the Land Registration Act of the US Government? Isn’t it clear that the OCT supposedly issued in 1944 has to be a fake. Therefore, any so-called alleged titles arising from the fake had to also be fake and null and void!

5. Did Cynthia Villar use fake titles to secure her company’s loan and BSP obtain title to the farmers’ lands using these fake titles?

6. Who will give justice to these farmers under a Villar presidency?

* * *

The Villar campaign says that the Ombudsman had already dismissed these same charges. Is that a defense for someone applying to take over from the worst ever President of this country? How many cases filed against the friends of Malacanang has the Ombudsman dismissed?

Clearly, among the things that a new President (who would opt for change and reform) must do is appoint an Ombudsman who would be free from the influence of Malacanang and who would go after crooks no matter their high positions in government. No Ombudsman under the present administration has been independent of Malacanang.

Will a Villar presidency only be a repeat of what we have been getting from Gloria and Mike and their close coterie of cronies?

* * *

“I would rather have a Philippines run like hell by Filipinos than a Philippines run like heaven by the Americans.” — Manuel L. Quezon

Sadly, MLQ’s words have become a millstone on the neck of Juan de la Cruz. Our leaders should realize that MLQ was not wishing this on us; he was being sarcastic. So, can we next try for a leader who would actually work for a Philippines run properly by Pinoys!

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hvp 02.23.10

 

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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El Nino Hits Political Spending, Too

Tuesday, February 23, 2010

 “(E)ven the administration party, the Lakas-Kampi CMD has yet to give financial support to its candidates. ”

 

by Ducky Paredes

Even as the El Nino weather phenomenon is drying up farmlands, waterways and reservoirs all over the country, another kind of drought is hitting candidates for political office, less than 3 months before elections.

Late last week, in a sortie in Nueva Ecija, which is considered the nation’s rice granary, former president Erap  revealed that financial contributions to his campaign for the presidency were coming in trickles, in effect, drying up his war chest. “It’s a little different then than now.  As you know, the economy is bad.”

That the economy is bad is not news.  It’s the same situation in most other countries.  What is actually different is that in 1998 when he first ran for president, contributors were falling all over each other, scrambling to donate to Erap’s campaign kitty.  The reason? Everyone was certain that he’d make mincemeat of his rivals (and he did, winning over Joe de Venecia and Raul Roco by the biggest margin in electoral history).  It got to a point that shortly before the elections, Erap cracked to his close friends that he would have to start  turning down offers and returning contributions in order to shorten the list of those he’d owe favors.

        These days, not only is Erap not the survey leader, but contributors have become wiser and wilier. In the 2004 presidential and the 2007 local elections, campaign donors waited for survey results a month before actual elections to check who the llamados were. That’s the only time they began pouring in money on their bets. Those on the borderline of winning were given token amounts.

       But what this year’s candidates are experiencing is worse than the situation in previous elections.  This time around, even political parties have been, in the words of one candidate for national office, “excruciatingly slow” to  provide funds  to those running under their banner. 

       For newly-established or registered parties, that is understandable, even expected.  What comes as a shock, however, is the report that even the administration party, the Lakas-Kampi CMD has yet to give financial support to its candidates. 

Save for its standard bearer Gilbert Teodoro who, we understand, has had to use his personal funds to cover the cost of advertising production and placements, and maintaining a campaign staff, the rest of the candidates have had to make do with “petty cash.” Local candidates have reportedly been banging on the doors of the party headquarters to ask when they can expect some substantial amount of help. The standard reply they get is, “Wala pa.” 

It does not come as a surprise, therefore, that the party’s candidate for vice president, Edu Manzano, has yet to hit the television screens with any commercial. We are told he has a couple of spots on radio but with limited frequency.  The party’s six candidates for senator do have TV commercial placements but they’re few and far between to make any appreciable impact.

More than trying to get the answers from the usual contributors, the administration party should perhaps ask its unofficial head, President Arroyo what her game plan is. All this uncertainty about financial support to her party gives credence to rumors about an Arroyo-Villar tie-up.

Noynoy  Aquino’s camp  isn’t  exactly  wallowing in  campaign cash but the bid to try and match Manny Villar’s advertising juggernaut is reportedly taking a toll on his personal and the Liberal Party’s resources.

“If you don’t have billions to spend, you shouldn’t even be in the presidential race.” That statement has been, correctly or not, attributed to Senator Villar, the only one who has the right to say something like that.  Could be true.

* * *

We have letters: “Read your article, and we have a similar circumstance in the state of California. As you know this is election year where we will replace the “Terminator” in November. Meg Whitman, former CEO of eBay plans to spend her own money, in the tune of $150M, against traditional party rivals, supported by funds raised by others. This week, it appeared to have backfired, and several non-profit groups are banding together to raise equal amounts for rival politicians to even the playing field. The sole purpose of the funds is to match her buying power, etc. for rival gubernatorial candidates. Wouldn’t it be great if we had something like this back home ? — Joe Gamboa

* * *

Ha, ha! That won’t happen here; it can’t. We don’t have anyone who can match Villar’s billions!

* * *

Your are right with your column sir. Personal interest is included of Villar’s candidacy, If he wiil win, he will be the richest man in the Pinas. He will surpass Henry Sy, How pity the Pinoys esp. in the provinces, He will convert the farmland to subdivision. There will be shortage of rice, When he was senate pres. he used his influence. How much more if he becomes pres. – Kulokoy Peps

* * *

I keep hoping to see good in all the presidentiables; but it is getting harder to believe that some will still be a good president considering the black propaganda that some are spreading about their fellow presidentiables. Tsk, tsk.

Believe as the Buddhists that when one points a finger at another, four are pointing at yourself.

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hvp 02.22.10

 

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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Sa Ikalawang Distrito

Tuesday, February 23, 2010

Deretsahan

 

ni Horacio Paredes

 

Wala naman akong kinakampaniya ngunit di kayang dapat na ring magbigay daan si Congressman Pedro Pancho sa mas nakababatang naghahangad na maglilingkod  sa Pangalawang Distrito ng Bulacan. Nakatatlong termino na rin naman siya mula 1995 na kung tutuusin ay napakahaba at sobra sa sapat na panahon na para sana paasensuhin nang husto ang kalagayan ng kanyang distrito. Ngunit, wala naman siyang gaanong naipasa —  kahit sana isang batas man lang.  Madalas co-author lamang ng resolusyong  naglalaan ng pondo sa isang partikular na proyekto.

Mahina na rin ang kanyang katawan ni Kong at may problema pa sa kalusugan. Maaring nasa isip n’yo: ganunpaman, sino ang karapat-dapat hirangin.? Sabi ng mga taga-roon, huwag na si Pancho, iba naman.

             Isang pangalang madalas mabanggit ay si Ambrosio “Boy” Cruz na naka-tatlong termino na bilang alkalde ng Guiginto, Bulacan mula 1998 hanggang 2007. Sa kanyang pamamahala, umunlad umano ang kanyang bayan — mula 4th Class ito’y naging  1st Class Municipality. Habang nanunungkulang mayor, hinirang si Boy bilang Most Outstanding Local Executive sa Central Luzon at nagsilbi  siya bilang Vice President of the League of Municipalities of the Philippines. Itinaguyod din niya ang Sugod Bulacan Movement  na nagnanais paangatin ang mga Bulakenong may likas na galing. At tulad ng mga pinunong alam na ang kinabukasan ay nasa kamay ng mga kabataan, itinatag ni Boy ang Sugod Kabataan, upang arugain ang kanilang likas na talino, at isang Scholarship Program  kung saan maraming iskolar ng bayan ang nakinabang.

Alam ninyo, puedeng gawing telenovela ang talambuhay ni Boy. Siya’y  dating kargador sa Divisoria sa murang edad na pitong taon!  Habang ang ibang bata’y   nagsisipaglaro, kumakayod si Boy sa kalsada, pasan ang tiklis-tiklis na prutas at iba pang panindang matatagpuan sa pinakakilalang  bagsakan sa Maynila. Sampu silang anak kung kaya’t mga paslit pa lang, tumutulong na sila sa kanilang mga magulang..

Nang paglaki niya, siya’y naging kargador sa umaga at estudyante sa gabi, kumukuha ng accountancy. Nakitira sa kaibigan at pinilit mag-aral sa liwanag ng kandila dahil walang kuryente doon sa gabi. Sa tiyaga, siya’y pumasa ng Board Exams at nagsimula bilang Assistant Chief Accountant noong 1970. Sampung taon lang ang lumipas nang si Boy ay naging District Sales Manager ng Pilipinas Shell Petroleum.

Kasagsagan ng kanyang panunungkulan sa pribadong sektor, nguni’t nagpasiya siyang magsarili at kumuha ng prankisa ng isang gas station. Bumili ng lupa sa Guiginto, Bulacan at di yumaon ay lumawak ito mula lima hanggang tatlumpung ektarya kung saan siya nagtayo ng subdivision at resort. Sa kanyang tagumpay, kasangga ni Boy ang kanyang maybahay at tatlong anak. Di nagtagal, ay nagpasiya siyang maglingkod sa Guiginto.

             Sa madali’t-sabi, hindi siya bunga ng karangyaan dahil mistulang kayod kabayo ang kanyang dinanas upang maiangat ang sarili at kanyang pamilya. At di tulad ng ibang nalasing sa tagumpay at nagpasasa, pinasok ni Boy ang serbisyo publiko.

Kaya mabigat ang magiging laban sa pagka-Kongresista sa ikalawang distrito sa darating na halalan.  Doon natin makikita kung tumaas na ang antas ng mga botante sa pagpili ng mga nais maglingkod sa kanila, at kung sila’y namulat na sa tinatawag nating political maturity.

Ganoon rin ang ating malalaman sa pagpili nila sa ikalawang Distrito ng Pampanga kung saan ang isang Presidente ay nagpapapili bilang kongresista kalaban ang isa lamang Juan de la Cruz na nag-ngangalang Adonis Simpao.

 

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hvp (02.22.10)

 

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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Choosing a CJ and Choosing a President

Monday, February 22, 2010

 “We urge other groups and individuals to make a stand on this matter to join their voices against this illegal appointment.  We reiterate, no one is above the law.”

by Ducky Paredes

According to Joel Obar, former dean of the law faculty of the Foundation University of Dumaguete City and a columnist of the newspaper Negros Chronicle, the appointment of Supreme Court Associate Justice Antonio Carpio as SC chief justice will compromise the highest court and “will endanger its integrity and shatter beyond repair the very foundation of the democratic institution.”

Obar notes that Carpio was one of those named in a report on the Supreme Court inquiry in 1989 into the election for president of the Integrated Bar of the Philippines (IBP) in which money and government resources were “extravagantly spent for solicitation and electioneering.”

According to Obar, Carpio was one of the supposed “conspirators who treated the sanctity of such elections with ignominy.”

 “From the records of the aforementioned case, it was clearly established as a fact that Antonio Carpio spent P20,000 in hotel accommodations in the Philippine Plaza hotel to billet the delegates.

“This has been adjudged by the Supreme Court as a conscious and deliberate act to influence the outcome of the election in clear contravention of the IBP laws.”

 Obar told the JBC that “Carpio should not be allowed to tarnish even by mere perception the last bastion of democracy in our country … “We should stand guard against the appointment of Mr. Antonio Carpio to the highest position of the Court lest we endanger its integrity and shatter beyond repair the very foundation of our democratic institution.”

The position of chief justice of the Supreme Court will be vacated on May 17 when incumbent Chief Justice Reynato Puno retires.  As the most senior associate justice of the Supreme Court, Carpio is among the six nominees to replace Puno.

The question that needs serious consideration is whether President Gloria Arroyo can appoint a chief justice on May 17 in view of a constitutional provision prohibiting midnight appointments near the end of the term of the President.

 Article VII of the Constitution states that “two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”

Various quarters have appealed to JBC not to entertain nominations to the position of chief justice until after the May 10 elections.  This would enable the next president to choose the chief justice.

Despite these objections, the JBC has continued entertaining nominations to the position, while President Arroyo’s allies claims she has the right to make the appointment despite the constitutional provision.

Among the most recent voices hear on this issue is that of the College Editors Guild of the Philippines (CEGP): “As young journalists and the so-called hope of the nation, we vow to stand unflinchingly against the SC appointment by Mrs. Arroyo and against her other plans to undermine justice and democracy. We urge other groups and individuals to make a stand on this matter to join their voices against this illegal appointment.

We reiterate, no one is above the law.

* * *

There is a suggested list coming from the PMAP (Human Resources Executives) and FINEX (Financial Executives) on the Roles and Attributes on which to judge the presidentiables.

This is the list of Roles (Katungkulan) and Attributes (Katangian) on which to judge them, according to these professionals:

Navigator. 
- Clear Vision. Ability to steer the country to its destination as a just and humane society;, properly addresses causes of poverty and other social problems; discern and prioritize among conflicting interests with the common good in mind; address and manage crises.

2. Mobilizer
- Effectively  leads the executive department; proactively builds alliances to achieve complex objectives; consensus builder; attracts and empowers the right people with the right skills and motivations for government service. Anticipates and diffuses roadblocks to change initiatives; uses appropriate and legitimate persuasion techniques to gain support from decision-makers.

 3. Servant leader
- Serves the people with a genuinely caring heart and is a good example to follow. Sacrifices personal, family or other vested interests for the common good. ; Displays humility and reaches out to all sectors. Good work ethic. Continuous  learner.

4. Inspirational leader
- As captivator, the President inspires unity, trust, and optimism among the people,. Builds trust in the presidency and in government. Understands ideals and aspirations of the ordinary Filipino. Conveys a simple but compelling picture of the country’s vision and goals. Effectively partners with media to inform and build support for programs and advocacies. Walks the talk.

5. Guardian of national wealth and resources
- Ensures that that the national wealth and resources are used properly. Strong political will. Champions the fight against graft and corruption, ensures a level playing field and promotes competence and professionalism.

Here are the attributes (Katangian):

1. Character: Outstanding character manifested in his personal vision and mission in life. Is honest, sincere, humble, passionate, spiritual. Is not corrupt and does not take advantage of his position or power.

2. Competence: Excellent manager and outstanding leader. User of technology, analytical, conceptual thinker, creative producer, articulate, intellectual heavyweight, with ability to see both the forest and the trees. Natural in alliance building, partnering and negotiations. Outstanding track record in either public or corporate governance.

3. Commitment: Passionately pursues the vision of a people that is truly free. God-loving, patriotic, disciplines, united and with a strong sense of community. Fully committed to defend the constitution and the democratic way of life, Relentless in eradication of poverty, defending the environment and educational reforms.

4. Compassion: Manifested sympathy and strong desire to reach out and help the disadvantaged, the poor, the handicapped, the elderly and the marginalized. Able to feel the suffering and the plight of the people with a firm resolve to alleviate suffering. A person for others.

5. Country Above Self: Puts the interest of the country ahead of personal, family and other vested interests. Exemplifies the national core values as embodied in the Constitution (truth, justice, freedom, love, equality and peace).

Compare the candidates and send me your evaluation for discussion in this column. At the same time, it might help you to make up your mind about who you should choose for our next  President.

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hvp 02.21.10

 

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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