Malodorous Merceditas machination

DIE HARD III
Herman Tiu Laurel
10/4/2006



To most people Ombudsman Merceditas Guiterrez’s exoneration of Abalos from guilt in the voting machine mega-deal scandal felt like a ton of bricks crashing on them. Senator Aquilino Pimentel felt it like an intensity seven earthquake. Former Senator Salonga even wrote a commentary on Abalos’ inescapable guilt just before Merceditas’ exculpation of the Comelec chair who presided over the P 1.3-B loss to the government. The Supreme Court probably felt like getting a dose of Old Spice, i.e. a much needed slap on the face after the Ombudsman reversed its condemnation of the voting machines deal.

For Fem Domingo, former COA and presidential anti-graft chief from Cory’s time through Ramos and Estrada, Merceditas’ absolution for Abalos is “welcome news”. Although he says it in a somber tone that he finally explains, “This will convince more people that this government is hopeless already and may make them finally move to change it.” Indeed, Merceditas’ decision on Abalos’ case has been merciful in the way Fem has described it, the anti-corruption and anti-Gloria sentiment will get a tremendous boost that makes one wonder: Could Merceditas really be anti-Gloria?

The decision was, of course, made even before Merceditas could say anything about it; that is, Gloria obviously couldn’t afford having Abalos hang on the ropes too long being clobbered by the issue. Abalos could have hollered out loud the lurid details of Gloria’s “Hello Garci” exploits if Gloria hadn’t gotten a closure on the matter for him. Merceditas could have said no and pursued the principled course, that is to continue with the prosecution of Abalos and let a trial exonerate him if he were truly innocent; but as usual Gloria judges correctly the character of her appointees – no principles.

So many other public officials and private parties to litigation, particularly those fighting Gloria’s officials (like me in libel cases), get indictments on the flimsiest grounds but Abalos’ scandal involving P 1.3-B of the public’s funds with a bodega full of hack-able voting machines and a no-bid process as evidence is given a clean getaway. Merceditas even exculpated Borra who was previously found with probably cause to be impeached, but “black-mailable” information in his hands about the 2004 elections must have weighed in to overturn the Ombudsman’s earlier judgment.

I have personally been very active in the struggle to expose the Abalos cheating machines because, as even the Supreme Court says, these voting apparatuses are absolutely hack-able; i.e. easily tampered with. Of particular importance is its input/output device that was particularly prohibited but still appeared in Abalos’ machine, a guarantee that viruses and other tampering could be injected into it. As for the “sole supplier” and so-called unique features of such machines that justify the “no bid” process for the P 1.3-B deal, they can tell that to the Marines (who I’m sure won’t be listening).

What we are witnessing is the total mockery of the function of that office by its obviously obeisant occupant, Merceditras Guiterrez. The Ombudsman was designed to be a constitutional body to be independent of all other braches of government that it may be independent and free to investigate graft and corruption and eradicate society of these scourges. What we are seeing is two constitutional bodies conspiring with the executive branch to keep truth, justice and the public interest from being served and giving carte blanc to government venality.

These same exculpated Comelec bosses are to be entrusted the next electoral exercise? Merceditas Guiterrez so merciful to Abalos and so merciless to the public interest will continue to preside over corruption cases? Gloria Macapagal-Arroyo having infected the entire government with here gangrenous governance will continue to reign over this land impoverished by her cabal’s looting and plunder? Presidential anti-graft buster Fem Domingo is correct, we should welcome Merceditas’ malodorous acquittal of Abalos.

The country is in continuous turmoil even as Gloria’s spin masters try to avert the people’s attention from the daily crises and worsening corruption with economic gibberish. The military is in constant tension and more coup rumors are surfacing, partly encouraged by the Thai coup but clearly fueled by festering issues of corruption and nepotism in the military. Merceditas’ unpalatable decision adds fuel to the fire and maybe soon, to the longstanding yearning of Fem Domingo, the final revolt of the people can be sparked.

This column has been stressing the absolute insecurity of voting machines when powerful corporatocratic interests are involved. Gov. Robert L. Ehrlich Jr. of Maryland due to problems in the past election said on September 24 he lacked confidence in the state’s new $106 million electronic voting system and suggested a return to paper ballots. Two Diebold (voting machine manufacturer) technicians squealed to Robert F. Kennedy Jr. that one of their top executive secretly instructed them to install “patches” in 2004 election machines.

In a Sept. 16, 2006 Ryan Paul’s article reported “A group of Princeton computer scientists has published a study that examines flaws and vulnerabilities in Diebold’s AccuVote-TS voting machines.” Robert F. Kennedy, Jr. wrote a new article: “Will The Next Election Be Hacked?” concluding that “new evidence from an industry insider -- prove that electronic voting machines can't be trusted.” Corrupted men and machines cannot be relied upon, Merceditas Guiterrez just ensured that they will rule over our election exercises.

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