TOPIC: The RH Bill: The Sober Views
Guests: Joanne Ilaw, Legislative staff, Office of Sen. Antonio Trillanes IV, Jimmie Regalario, Chairman of Kilusang Makabansang Ekonomiya (KME) and Lt. Ashley "Ace" Acedillo, spokesperson of Magdalo
Sunday, November 20, 2011
Talk News TV with Herman Tiu Laurel
TOPIC: Fighting the Oily-gopoly
Guest: Dra. Amanda Cruz, President of Petroleum Dealers Association of the Philippines
Guest: Dra. Amanda Cruz, President of Petroleum Dealers Association of the Philippines
Behest loans and swindling
BACKBENCHER
Rod Kapunan
11/19-20/2011
The Senate would be wasting time figuring out whether the P600-million loan provided to former Trade Secretary Roberto Ongpin for his Delta Ventures Resources, Inc. was a “behest loan”. It would not even matter if it turns out to be one, for in the words of my relative columnist, Manong Emil Jurado, Congress has yet to enact a law that would define what constitutes a “behest loan” to make the officials of the Development Bank of the Philippines and Ongpin liable. What matters is that the loans were paid upon maturity, and earned P1.4 billion as a result.
It would have been different if the loan was not paid, or even if paid, only the principal was returned. That now would tally to what DBP chairman Jose “Pepo” Nunez, Jr. claims as lost business opportunities for the bank. Any bank, for that matter, would open its window to any borrower because earning interest it its business.
The media could be right in speculating that the alleged anomaly to accommodate Ongpin boils down to the possibility the Lopezes are still licking their wounds for the loss of their crown jewel corporation to Manuel Pangilinan of PLDT and to Ramon Ang of San Miguel Corp. Maybe they are blaming Ongpin for maneuvering the coalition reached by the country’s two behemoth corporations which saw them boarded out of the Meralco board. But the Lopezes could have prevented that if they had enough capital to muster in buying those shares of stocks to prevent that bigger group from wresting control of Meralco from them.
Hence, the counter revelation made by DBP’s former president Reynaldo David, while not exactly about behest loans, is telling of the continuing shortchanging of the government by debtor private corporations. This could not happen had the borrowers not enjoyed the pontifical blessings of the notoriously corrupt Arroyo government. It is an open secret that Mrs. Arroyo virtually made DBP and all government financial institutions her piggy bank to accommodate cronies willing to play the role of political jesters all for that ambition of wanting to remain in power.
The fallout in the raging word war between Ongpin and Senator Sergio Osmeña is the claim by David that the Lopez-family owed DBP P1.67 billion, but was written off in the bank’s ledger. Accordingly, P710 million was incurred by Maynilad Water Services, Inc., (which soured in 2003), P591 million by Bayan Telecommunications (which soured in 2001), P207 million incurred by Central CATV, Inc. (which soured in 2001), and P157 million by Benpres Holdings, Inc., and all that happened when Mrs. Arroyo was at the height of her glory after that infamous hijacking of the government.
To make sure the one-way ticket to the blues would appear legal, the minions of Mrs. Arroyo in Congress led by Speaker Jose De Venecia and in the Senate by Franklin Drilon (now a re-educated pro-Noynoy henchman) hastily crafted a law that would allow the disposition of those non performing assets at fire sale prices to anybody willing to resume their business operations. They crafted what they called Special Purpose Asset Vehicle (SPAV) Law of 2002.
But what the public did not know is that the new law would be used by delinquent borrowers as their special vehicle to get away with their loans because that would then allow government banks to write off their obligations. As one lawyer recalled, under the US Bankruptcy Reform Act, whether under Chapter 11 or Chapter 7, any corporation wanting to rid itself of its unpaid loans has to apply for bankruptcy, and when granted all its assets are to be disposed and distributed to its creditors according to procedure. After that, the bankrupt corporation is automatically dissolved and liquidated.
In our case, instead of those non-performing assets disposed as the SPAV Law proposed, it was used by private debtors to erase their obligations with an added premium of being allowed to operate their business without a consuelo de bobo promise to pay once profitability is regained, say even without interest.
Moreover, the brouhaha about loans resurrected an old ghost, one that involves swindling. The Caucus of Development NGO Networks-Poverty Eradication and Alleviation Certificates (Code-NGO-PEACe Bond) deal was a pressurized transaction to consummate fast the swindling of the government by people in the government. The only reason why no investigation has been conducted which saw the original P10 billion loan balloon to P35 billion is of the fact that those who masterminded it were native kangaroos capable of jumping high to the other side of the fence. It is for this reason why many of them are still basking under the wings of this “anti-mahirap” administration, and that the biggest share of the loot was consigned to an NGO operated by members close to the Church and using as conduit Rizal Commercial Banking Corporation owned by one also identified with the hypocritical yellow horde.
Of course, the hustlers would argue that no behest loan was involved much that they did not borrow from the government. On the contrary, they would say, it was the government that borrowed unbelievably from Code-NGO and from its duplicate partner RCBC that, in turn, resold those shares to the eight banks now in hot water for not paying P4.86 billion representing the 20 percent final income tax. Despite the P1.34 billion commission-profit earned by Code-NGO, with the P400 million divided as commission to those who conceived the idea of stripping-to-the-bone the government of its funds, it insist of not paying anything.
There is little doubt the scheme was not given the blessings by the one at the helm. It was coordinated because their pivot men in the government were also acting as private brokers. It was symbiotic for while one has no money, it has the privilege not to pay the tax. On the other hand, the other has the money, but would only be willing to buy if assured of not paying the 20 percent final income tax. Moreover, the one that merely used its saliva, despite the huge commission of P1.34 billion, now insist in getting an added premium of not paying the 30 percent capital gains tax.
So, comparing all these anomalies that happened under that notoriously corrupt administration, it would seem the elite and their confederates in government always manage to get away with their crimes of raking in billions of pesos all for a song. Yet, these hustlers are the same bunch of hypocrites that at the slightest rustle of destabilization would be the first to shout on top of their shrill voices for us to defend their shabby brand of democracy and freedom.
(rodkap@yahoo.com.ph)
Rod Kapunan
11/19-20/2011
The Senate would be wasting time figuring out whether the P600-million loan provided to former Trade Secretary Roberto Ongpin for his Delta Ventures Resources, Inc. was a “behest loan”. It would not even matter if it turns out to be one, for in the words of my relative columnist, Manong Emil Jurado, Congress has yet to enact a law that would define what constitutes a “behest loan” to make the officials of the Development Bank of the Philippines and Ongpin liable. What matters is that the loans were paid upon maturity, and earned P1.4 billion as a result.
It would have been different if the loan was not paid, or even if paid, only the principal was returned. That now would tally to what DBP chairman Jose “Pepo” Nunez, Jr. claims as lost business opportunities for the bank. Any bank, for that matter, would open its window to any borrower because earning interest it its business.
The media could be right in speculating that the alleged anomaly to accommodate Ongpin boils down to the possibility the Lopezes are still licking their wounds for the loss of their crown jewel corporation to Manuel Pangilinan of PLDT and to Ramon Ang of San Miguel Corp. Maybe they are blaming Ongpin for maneuvering the coalition reached by the country’s two behemoth corporations which saw them boarded out of the Meralco board. But the Lopezes could have prevented that if they had enough capital to muster in buying those shares of stocks to prevent that bigger group from wresting control of Meralco from them.
Hence, the counter revelation made by DBP’s former president Reynaldo David, while not exactly about behest loans, is telling of the continuing shortchanging of the government by debtor private corporations. This could not happen had the borrowers not enjoyed the pontifical blessings of the notoriously corrupt Arroyo government. It is an open secret that Mrs. Arroyo virtually made DBP and all government financial institutions her piggy bank to accommodate cronies willing to play the role of political jesters all for that ambition of wanting to remain in power.
The fallout in the raging word war between Ongpin and Senator Sergio Osmeña is the claim by David that the Lopez-family owed DBP P1.67 billion, but was written off in the bank’s ledger. Accordingly, P710 million was incurred by Maynilad Water Services, Inc., (which soured in 2003), P591 million by Bayan Telecommunications (which soured in 2001), P207 million incurred by Central CATV, Inc. (which soured in 2001), and P157 million by Benpres Holdings, Inc., and all that happened when Mrs. Arroyo was at the height of her glory after that infamous hijacking of the government.
To make sure the one-way ticket to the blues would appear legal, the minions of Mrs. Arroyo in Congress led by Speaker Jose De Venecia and in the Senate by Franklin Drilon (now a re-educated pro-Noynoy henchman) hastily crafted a law that would allow the disposition of those non performing assets at fire sale prices to anybody willing to resume their business operations. They crafted what they called Special Purpose Asset Vehicle (SPAV) Law of 2002.
But what the public did not know is that the new law would be used by delinquent borrowers as their special vehicle to get away with their loans because that would then allow government banks to write off their obligations. As one lawyer recalled, under the US Bankruptcy Reform Act, whether under Chapter 11 or Chapter 7, any corporation wanting to rid itself of its unpaid loans has to apply for bankruptcy, and when granted all its assets are to be disposed and distributed to its creditors according to procedure. After that, the bankrupt corporation is automatically dissolved and liquidated.
In our case, instead of those non-performing assets disposed as the SPAV Law proposed, it was used by private debtors to erase their obligations with an added premium of being allowed to operate their business without a consuelo de bobo promise to pay once profitability is regained, say even without interest.
Moreover, the brouhaha about loans resurrected an old ghost, one that involves swindling. The Caucus of Development NGO Networks-Poverty Eradication and Alleviation Certificates (Code-NGO-PEACe Bond) deal was a pressurized transaction to consummate fast the swindling of the government by people in the government. The only reason why no investigation has been conducted which saw the original P10 billion loan balloon to P35 billion is of the fact that those who masterminded it were native kangaroos capable of jumping high to the other side of the fence. It is for this reason why many of them are still basking under the wings of this “anti-mahirap” administration, and that the biggest share of the loot was consigned to an NGO operated by members close to the Church and using as conduit Rizal Commercial Banking Corporation owned by one also identified with the hypocritical yellow horde.
Of course, the hustlers would argue that no behest loan was involved much that they did not borrow from the government. On the contrary, they would say, it was the government that borrowed unbelievably from Code-NGO and from its duplicate partner RCBC that, in turn, resold those shares to the eight banks now in hot water for not paying P4.86 billion representing the 20 percent final income tax. Despite the P1.34 billion commission-profit earned by Code-NGO, with the P400 million divided as commission to those who conceived the idea of stripping-to-the-bone the government of its funds, it insist of not paying anything.
There is little doubt the scheme was not given the blessings by the one at the helm. It was coordinated because their pivot men in the government were also acting as private brokers. It was symbiotic for while one has no money, it has the privilege not to pay the tax. On the other hand, the other has the money, but would only be willing to buy if assured of not paying the 20 percent final income tax. Moreover, the one that merely used its saliva, despite the huge commission of P1.34 billion, now insist in getting an added premium of not paying the 30 percent capital gains tax.
So, comparing all these anomalies that happened under that notoriously corrupt administration, it would seem the elite and their confederates in government always manage to get away with their crimes of raking in billions of pesos all for a song. Yet, these hustlers are the same bunch of hypocrites that at the slightest rustle of destabilization would be the first to shout on top of their shrill voices for us to defend their shabby brand of democracy and freedom.
(rodkap@yahoo.com.ph)
Do unto others...
YESTERDAY, TODAY & TOMORROW
Linggoy Alcuaz
11/13-20/2011
OpinYon Lite
Marcos’s Martial Law was officially in force thirty-nine. He declared, proclaimed and started its implementation from Wednesday to Saturday, September 21 to 24, 1972.
Then, he officially lifted it in the first quarter of 1981 in anticipation of the Pope’s first visit to the Philippines since before Martial Law.
However, Marcos’ Administration, as well as his residual Martial Law and the 1973 Constitution’s Transitory Provisions, would last another five years (Longer than the 1935 Constitutions’ amended four year Presidential term).
A Pope came twice during the twenty years of the Marcos Administration, once before Martial Law, and a second time after the formal lifting of Martial Law in 1981.
Divided and Impotent
To us, Activists, Critics and Oppositionists, the Dark Ages of Martial Law were the first part, from 1972 – 1978.
The Leftist Activists had fled to the mountains or were in hiding.
The Moderate Activists were still lost and just in the process of reinventing themselves.
Most Mass Media Critics were out of a job, as well as a medium or venue for their criticisms or critique.
Of course, those who had resigned as Critics had gotten new but tame Media jobs.
The Formal Political Opposition was in disarray, divided and impotent.
Ninoy, et al
As a graduated, resigned and retired moderate activist leader, my anti-Marcos and anti-Martial Law activities were limited to giving sparse advise to my juniors, attending anniversary celebrations and lending my immediate family’s presence at masses and prayers for the incarcerated Senator and Liberal Party Secretary General Benigno “Ninoy" Aquino, Jr., as well as Senator, Civil Libertarian and Nationalist Jose W. Diokno.
At that time, it was not easy to secure a venue for religious activities in support of Ninoy or Diokno.
Neither of the Cojuangco parish in Forbes or the Aquino parish in Phil Am were the favorite venues.
The Dioknos had left Magallanes for New Manila, Quezon City.
Liberties Tightened
Either Fr. Nikko was not yet assigned to Magallanes Parish or Fr. Nikko was not yet a Critic and Oppositionist at that time.
At first, it was the relatively, out of the way, Holy Redeemer Parish, near Gregorio Araneta Ave., between Aurora/Santa Mesa Blvd. and E. Rodriguez Ave. in Quezon City, that gave us hospitality and sanctuary.
We had to look over our shoulders, at imagined government agents with cameras and recorders, when we used to join the Aquinos and Cojuangcos and Dioknos, to pray for Ninoy and Pepe Diokno who were incarcerated at the MSU Compound at the Philippine Army Headquarters in Ft. Bonifacio, Taguig.
We felt especially vulnerable when Ninoy and Diokno were taken surreptitiously to Fort Magsaysay, in Laur, Nueva Ecija, without informing their families.
Just as our two leaders were placed in isolation in “bartolinas,” we too, in the outside, felt our liberties tightened down, a few notches.
For us, who experienced and underwent those years of deprivation of liberty and security, it was a great relief for us, to see the, by then, convicted to death by musketry, Ninoy, allowed to leave for his Triple Heart By–Pass Operation in Texas.
FPJ, GMA & Erap
Let us fast forward almost two and a half decades to 2004.
Again, we were Activists, Critics and Oppositionists.
We were no longer Moderate or Radical Activists. We were FPJ – Erap Activists, Allies, Friends, Supporters and Volunteers.
We had been cheated by GMA not once, not twice, but, indeed, three times – in the May 2004 Elections, in the Counting, Canvassing and Proclamation, as well as in the FPJ/Loren Legarda Protests against GMA/Noli de Castro.
Take note that the switching of the genuine Election Returns with the fake Atty. Bello manufactured ERs at the Batasan National Board of Canvassers bodega by the PNP SAF, in January and February of 2005, happened after FPJ had already died.
I had become first, a supporter of FPJ in early 2003.
Then, I became a friend and supporter again of Erap in August 2005.
With our standard bearer dead and Erap in detention, I again felt very vulnerable like twenty five years earlier.
Others have made Lite out of Eraps incarceration at a Presidential Suite at the Veterans Memorial Hospital and at his Tanay Resort.
Over the Bakod
However, I witnessed the meaning of Erap’s “Deprivation of Liberty” on Valentine’s Day, February 14, 2006, at the gate of Erap’s so-called “Resort Arrest” in Tanay.
We had organized a Launching of Erap’s “Rebolusyon Kontra Gutom” along the road in front of his Tanay Resort.
As the time approached for the launching Erap walked to his gate. His gate opened.
Then assembled masses cheered. But Erap was not allowed to cross his own gate to the public road beyond by his guards.
Instead, he had to climb a ladder and peer “over the bakod” at the people and the ceremonies.
Having been a weekly visitor to Erap in Tanay from August 2004 to October 2007, I know that the most luxurious detention or incarceration cannot substitute for lack of Liberty and Freedom.
Every time we would leave, especially, at the saddest part of the day – dusk (Agaw-liwanag at dilim!) – we would all be sad, guests and host alike.
Bilog ang Mundo
And so, when Erap was allowed to go to Hong Kong for his knee operation in December of 2004, our heavy hearts shed some weight, we breathed sighs of relief and continued our struggle the following year with stouter hearts and heads held higher and straighter.
Again, let us fast forward to today and the current issue at hand – to allow or not to allow GMA and the former First Gentleman to go abroad for medical diagnosis and treatment.
Our answer is consistent with the past and straight and simple – “Do Unto Others as You Would Like Others Do Unto You!”
We have always believed that the only way to reform the Philippine Government and the Filipino People and Society is through a Genuine Revolutionary Government.
Cory had the chance once, twenty five years ago. She threw it away and lost it for us and future generations.
If we are not willing to do what is necessary then we have to live with our Constitution, Laws and Due Processes, as well as Customs and Traditions.
Among the latter are, “Bilog ang Mundo!,” “Live and Let Live!,” “Weather-weather Lang!”
Let The Law Take its Course
And so we say: “File the cases against GMA and Mike before the courts. Let the appropriate courts issue and serve the arrest warrants. If the cases are not bailable, let them be detained, ‘bahala na kung saan!’”
If the cases are bailable, let the courts set the bail. Let the courts issue the “Hold Departure Orders.”
If GMA and FG want to travel, for whatever reason, let them apply to the courts as Mikey and his wife, Maria Angela, did.
“Nauna pa sila mademanda! Nauna pa sila makabiyahe! Only in the Philippines talaga!”
But seriously, having observed the Erap phenomenon, I believe that Erap would not have maintained and sustained his popularity if he had not stayed in the Philippines and been charged, arrested and incarcerated.
And so I believed that GMA and FG and their family members should have been investigated, prosecuted and tried as just one of the components of “All-Out Justice!”
Instead, the incompetent Aquino Administration has been “Huffing and Puffing” at the Arroyos to no avail.
“Bokya! Nada! Palpak! Wala! Zero!"
Linggoy Alcuaz
11/13-20/2011
OpinYon Lite
Marcos’s Martial Law was officially in force thirty-nine. He declared, proclaimed and started its implementation from Wednesday to Saturday, September 21 to 24, 1972.
Then, he officially lifted it in the first quarter of 1981 in anticipation of the Pope’s first visit to the Philippines since before Martial Law.
However, Marcos’ Administration, as well as his residual Martial Law and the 1973 Constitution’s Transitory Provisions, would last another five years (Longer than the 1935 Constitutions’ amended four year Presidential term).
A Pope came twice during the twenty years of the Marcos Administration, once before Martial Law, and a second time after the formal lifting of Martial Law in 1981.
Divided and Impotent
To us, Activists, Critics and Oppositionists, the Dark Ages of Martial Law were the first part, from 1972 – 1978.
The Leftist Activists had fled to the mountains or were in hiding.
The Moderate Activists were still lost and just in the process of reinventing themselves.
Most Mass Media Critics were out of a job, as well as a medium or venue for their criticisms or critique.
Of course, those who had resigned as Critics had gotten new but tame Media jobs.
The Formal Political Opposition was in disarray, divided and impotent.
Ninoy, et al
As a graduated, resigned and retired moderate activist leader, my anti-Marcos and anti-Martial Law activities were limited to giving sparse advise to my juniors, attending anniversary celebrations and lending my immediate family’s presence at masses and prayers for the incarcerated Senator and Liberal Party Secretary General Benigno “Ninoy" Aquino, Jr., as well as Senator, Civil Libertarian and Nationalist Jose W. Diokno.
At that time, it was not easy to secure a venue for religious activities in support of Ninoy or Diokno.
Neither of the Cojuangco parish in Forbes or the Aquino parish in Phil Am were the favorite venues.
The Dioknos had left Magallanes for New Manila, Quezon City.
Liberties Tightened
Either Fr. Nikko was not yet assigned to Magallanes Parish or Fr. Nikko was not yet a Critic and Oppositionist at that time.
At first, it was the relatively, out of the way, Holy Redeemer Parish, near Gregorio Araneta Ave., between Aurora/Santa Mesa Blvd. and E. Rodriguez Ave. in Quezon City, that gave us hospitality and sanctuary.
We had to look over our shoulders, at imagined government agents with cameras and recorders, when we used to join the Aquinos and Cojuangcos and Dioknos, to pray for Ninoy and Pepe Diokno who were incarcerated at the MSU Compound at the Philippine Army Headquarters in Ft. Bonifacio, Taguig.
We felt especially vulnerable when Ninoy and Diokno were taken surreptitiously to Fort Magsaysay, in Laur, Nueva Ecija, without informing their families.
Just as our two leaders were placed in isolation in “bartolinas,” we too, in the outside, felt our liberties tightened down, a few notches.
For us, who experienced and underwent those years of deprivation of liberty and security, it was a great relief for us, to see the, by then, convicted to death by musketry, Ninoy, allowed to leave for his Triple Heart By–Pass Operation in Texas.
FPJ, GMA & Erap
Let us fast forward almost two and a half decades to 2004.
Again, we were Activists, Critics and Oppositionists.
We were no longer Moderate or Radical Activists. We were FPJ – Erap Activists, Allies, Friends, Supporters and Volunteers.
We had been cheated by GMA not once, not twice, but, indeed, three times – in the May 2004 Elections, in the Counting, Canvassing and Proclamation, as well as in the FPJ/Loren Legarda Protests against GMA/Noli de Castro.
Take note that the switching of the genuine Election Returns with the fake Atty. Bello manufactured ERs at the Batasan National Board of Canvassers bodega by the PNP SAF, in January and February of 2005, happened after FPJ had already died.
I had become first, a supporter of FPJ in early 2003.
Then, I became a friend and supporter again of Erap in August 2005.
With our standard bearer dead and Erap in detention, I again felt very vulnerable like twenty five years earlier.
Others have made Lite out of Eraps incarceration at a Presidential Suite at the Veterans Memorial Hospital and at his Tanay Resort.
Over the Bakod
However, I witnessed the meaning of Erap’s “Deprivation of Liberty” on Valentine’s Day, February 14, 2006, at the gate of Erap’s so-called “Resort Arrest” in Tanay.
We had organized a Launching of Erap’s “Rebolusyon Kontra Gutom” along the road in front of his Tanay Resort.
As the time approached for the launching Erap walked to his gate. His gate opened.
Then assembled masses cheered. But Erap was not allowed to cross his own gate to the public road beyond by his guards.
Instead, he had to climb a ladder and peer “over the bakod” at the people and the ceremonies.
Having been a weekly visitor to Erap in Tanay from August 2004 to October 2007, I know that the most luxurious detention or incarceration cannot substitute for lack of Liberty and Freedom.
Every time we would leave, especially, at the saddest part of the day – dusk (Agaw-liwanag at dilim!) – we would all be sad, guests and host alike.
Bilog ang Mundo
And so, when Erap was allowed to go to Hong Kong for his knee operation in December of 2004, our heavy hearts shed some weight, we breathed sighs of relief and continued our struggle the following year with stouter hearts and heads held higher and straighter.
Again, let us fast forward to today and the current issue at hand – to allow or not to allow GMA and the former First Gentleman to go abroad for medical diagnosis and treatment.
Our answer is consistent with the past and straight and simple – “Do Unto Others as You Would Like Others Do Unto You!”
We have always believed that the only way to reform the Philippine Government and the Filipino People and Society is through a Genuine Revolutionary Government.
Cory had the chance once, twenty five years ago. She threw it away and lost it for us and future generations.
If we are not willing to do what is necessary then we have to live with our Constitution, Laws and Due Processes, as well as Customs and Traditions.
Among the latter are, “Bilog ang Mundo!,” “Live and Let Live!,” “Weather-weather Lang!”
Let The Law Take its Course
And so we say: “File the cases against GMA and Mike before the courts. Let the appropriate courts issue and serve the arrest warrants. If the cases are not bailable, let them be detained, ‘bahala na kung saan!’”
If the cases are bailable, let the courts set the bail. Let the courts issue the “Hold Departure Orders.”
If GMA and FG want to travel, for whatever reason, let them apply to the courts as Mikey and his wife, Maria Angela, did.
“Nauna pa sila mademanda! Nauna pa sila makabiyahe! Only in the Philippines talaga!”
But seriously, having observed the Erap phenomenon, I believe that Erap would not have maintained and sustained his popularity if he had not stayed in the Philippines and been charged, arrested and incarcerated.
And so I believed that GMA and FG and their family members should have been investigated, prosecuted and tried as just one of the components of “All-Out Justice!”
Instead, the incompetent Aquino Administration has been “Huffing and Puffing” at the Arroyos to no avail.
“Bokya! Nada! Palpak! Wala! Zero!"
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