Thursday, December 22, 2011

The Oligarchy, 2011 and 2012 drags

CONSUMERS DEMAND!
Herman Tiu Laurel
12/19-25/2011



I owe it to our weekly OpinYon readers to give a year-end assessment of the state of the national economy. For Juan de la Cruz, keeping track of the country’s financial, material and social conditions alone is a task made doubly difficult by the leadership in Malacañang that certain quarters say deliberately creates noisy political sideshows and circuses to divert attention from the true economic picture. This time, though, summing up and accurately describing the state of our economy is made a bit easier with the IMF (International Monetary Fund) assessment of our GDP (gross domestic product), which it says “is well below the official 5 to 6% target and the 4.5 to 5.5% forecast,” prompting it to cut its full-year outlook for 2011 to just “3.7% from (the previous) 4.7%.” The BS Aquino III administration actually had, in economist Ben Diokno’s words, only “aspirational” growth rates of 7 to 8%; whereas the reality for the people now is an “asphyxiational” growth rate that is choking our economy.

The IMF’s projection for Philippine GDP next year is 4.2%. Truth to tell, for an economy to just stand in place, at least 6% growth should be achieved; below that, it would be simply falling behind expectations--for example, in jobs generation, which is vital to a growing labor supply setting like the Philippines. The Aquino III administration cannot contend that the global financial and economic crisis since 2008 has hampered its efforts because all other countries in Asia are faced with the same conditions but with them doing much better. The IMF projects that Vietnam’s 2012 GDP will be 6.5%, with its 2011 growth rate estimated at 5.8%--almost double that of the Philippines. The consensus of all economic analysts about our country’s dismal performance has been the under-spending of the Aquino III government, courtesy of its Budget Secretary Butch Abad and its economic team, led by NEDA (National Economic Development Authority) chief Cayetano Paderanga. For lesser fiascos, other officials have been fired; but not in this administration.

As this column was intended to analyze, reflect and provide enlightenment and guidance to OpinYon readers on consumer welfare and protection issues, this focus necessarily brought us to the gamut of social, financial, as well as micro- and macro-economic issues. We have given the most space and effort to electricity, putting it on the people’s consciousness as the top economic issue. Today, almost everyone knows that the Philippines has “the highest power cost in Asia” and a national outcry has been raised to demand action from the highest authority of the land. But, in spite of such calls, coming even from normally taciturn conservative business and labor groups, Malacañang has chosen to stay meek and mute. Worse, Congress and the Senate are not only equally mute; but the Energy Committee chairs, Sen. Serge Osmeña and Rep. Dina Abad, are actively suppressing initiatives from the few legislators who have dared to raise questions. Oligarchs win, people suffer.

I cannot overemphasize the deleterious and devastating impact of the oligarchs’ control of our political institutions that determine the rest of the nation’s economic-social governance, which stack the odds against the people. As in electricity, our petroleum sector which was privatized and deregulated since FVR’s term--a common program of all the Yellow (Edsa I and II) administrations from Cory to Gloria and now, Aquino III--charges some of the highest rates in the world. A recent report on Philippine gasoline prices showed our unleaded gasoline to be 20% higher than the highest unleaded gasoline prices in the United States.

The major oil companies here are alliances of the local oligarchs with the global petroleum giants--from Shell, which has the Ayalas, to Petron, which has the Ashmore group with San Miguel Corp. lurking behind--all traditional oligarch family names intertwined with the political dynasties of the land.

But that’s not all: As we turn to every strategic sector of the economy, we see the oligarchs and their abuses. Our telecommunications charges, for instance, are high due to the highest interconnection fees in the world. Our MRT and LRT have been exploited by a few local families that conspired with the regime of FVR to set sky high profits for the “investors” while financing these with government “sovereign guarantees;” which led to a forced government buyback and instant profits in connivance with Goldman Sachs and other foreign finance mafia firms suing the Philippine government for payment (with the captive Arroyo government only too willing to cooperate by compelling the DBP and Land Bank to cough out $800 million to $1 billion).

By the way, scandals are now erupting around this involving Bobby Ongpin while BS Aquino III and MVP this time around are working out a sweetheart deal to re-privatize the MRT after taxpayers shell our P6 billion to refurbish it, with MVP subsequently allowed to raise fares by up to 70% by 2012.

Our regular column here has also dealt with other critical issues involving the scams of global oligarchy-captured institutions such as the WHO. We were among the very, very few Filipinos who understood the scam behind the H1N1 scare to compel our governments to buy billions of useless vaccines, which now have all gone to waste. We also wrote of the HPV vaccine hoax, which is still being pushed by pharmaceutical firms, beauty consultants (like Belo) and some government health officials, being completely unnecessary aside from being very harmful, as many cases of serious side effects in the US have shown.

Invariably, at the root of all these problems that bedevil consumers (who are also taxpayers and citizens) is the financial oligarchy that pulls the strings and moves its puppets (in the corridors of government and other multilateral or national public institutions, as well as mainstream media) to pull the wool over the public’s eyes while picking their pockets.

Our society and country must therefore head toward the elimination of the power of the oligarchy over our national polity, government and financial structures, in order to restore genuine people’s power (not of the Yellow kind that hides the oligarchs behind its glare). We still hope that our electoral system can bring the changes we need, by installing the correct political leaders who will uphold public interest over oligarchic greed.

Since we have two elections ahead where our actions can count, we need to treble our efforts to educate, elucidate and enlighten the nation and the people. That is what we in OpinYon have pledged to accomplish, along with my own little tri-media sphere that always blares the message: “Down with the Oligarchs! Up with the People!”

(Tune in to Sulo ng Pilipino/Radyo OpinYon, Monday to Friday, 5 to 6 p.m. on 1098AM; Talk News TV with HTL, Saturday, 8:15 to 9 p.m., with replay at 11 p.m., on GNN, Destiny Cable Channel 8; visit http://newkatipunero.blogspot.com for our articles plus TV and radio archives)

Monday, December 19, 2011

BS Aquino III is not president?

DIE HARD III
Herman Tiu Laurel
12/19/2011



Just as we said that Gloria Arroyo was not president when she was declared such in 2001 by Davide and again in 2004 by Congress (in an election where the Cojuangco-Aquino clan endorsed her wholeheartedly), so it is increasingly the case with the current Malacanang occupant.

When BS Aquino III became an accidental candidate in 2009 upon the death of his mother, Cory Aquino (an event played up to launch his campaign), the election that followed was soon hounded by suspicions on the PCOS (Precinct Count Optical Scan) machines of Smartmatic and the Commission on Election (Comelec)s removal of vital voting safeguards. Many became aware that the UV light ballot authentication, the digital signature of the Boards of Election Inspectors (BEI), and the voters receipt were all done away with. Even the highly irregular recall of 76,000 CF (Compact Flash) cards just a week before the polls raised a huge red flag.

Today, many of those suspected criminal acts are now confirmed, thanks to the findings of citizens election watchdogs, CenPEG (Center for People Empowerment in Governance) and AES (Automated Election System) Watch, after year-long investigations.

The following conclusions, which I abridge below, have been borne out of the painstaking efforts of information technology (IT) academics and experts alike:

On May 10, 2010, (Comelec) made available to the public the election results by precinct, town/city, district, province, and nation (via the Web site) http://electionresults.comelec.gov.ph/. A few months later this Web site was taken down. We believe that it is governments duty to make election data from this Web site publicly and freely available, because it is THE STORY of how the Smartmatic-Comelec partnership carried out the computerization of our elections, and whether the computerization exercise was successful or not (As such) we have decided to publish our mirror of this Web site, so that the data are available even if they are not anymore available (That) Web site is: http://curry.ateneo.net/~ambo/ph2010/electionresults/...

A number of researchers have begun work on the data in this Web site (discovering) many serious errors like: 1) 371 precinct election results with 10 voters or less, when the actual number of voters is 400 to 1000 for each of those precincts, 2) 8,939 precincts with no data at all, indicating a possible failure of transmission of data from the precinct to Comelec, 3) of the 67,162 precinct election results which contain data, 25,530 precinct election results have missing data in one elective position, or two or three or more (Such) missing data in one or more elective positions is a clear indicator of the presence of serious bugs which SysTest Labs already pointed out in its certification report to Comelec, which bugs the Technical Evaluation Committee and Comelec conveniently chose to ignore

(The researchers cannot) stand by while Comelec makes another serious mistake in re-using the Smartmatic technology. First, Smartmatic has to install a substantial number of bug fixes in their system before they can get it to work for our elections. Second, Smartmatic cannot do these bug fixes by its lonesome self, since it does not own the technology the copyright to the software is by Dominion Voting Systems of Canada, and Smartmatic is not allowed to make any changes in the source code, and must wait for Dominion to write the bug fixes in its own good time. Third, the PCOS hardware is not adequate to implement the security features required by RA 9369, like: 1) the requirement of digital signatures by the BEI and 2) the planned fingerprint/biometric reader to be installed on the PCOS

Kudos to experts Dr. Pablo Manalastas, Dr. Felix Muga and Dr. Philip Truscott of the Ateneo de Manilas computer science and mathematics departments for trawling data originally posted on the Comelec Web site, which had been inexplicably taken down.

Out of all the major findings, the most significant centers on the missing data in 25,520 precincts, which indicates that there were at least two different canvassing programs in use during the 2010 elections, one that was used in the 41,632 precincts that had a complete set of data and another that was used in the 25,530 precincts that had missing sets of data

So they ask: How come there was more than one program in play? The obvious answer is that the original program that was supposed to canvass votes and transmit the results from those 25,530 precincts was replaced by another program

As a result, The only way of discovering the actual results would be to open the ballot boxes in those 25,530 precincts and count or feed them into pre-tested PCOS counting machines. The results can then be compared to the results reported by the substituted software In the set up by Smartmatic, the consolidating computers apparently had no hand-shaking protocols that would have allowed them to distinguish between legitimate and illegitimate sources (which means) the canvassing computers could have added to, subtracted from, or otherwise altered election results and then transmitted bogus returns.

The late IT expert Manuel Alcuaz had repeatedly stressed in the many forums he spoke, including my TV show, that the cheating in elections is not at the precinct level, where local and party officials are focused on, but at the municipal canvassing level, where the totals are very conveniently and easily manipulated with spurious inputs. Knowing this, he was thus incensed as the precinct level computerization was a big rip-off. Since past Comelec officials (including its then legal chief) allegedly derived pecuniary benefits from Smartmatics PCOS machines, so are the present crop of Comelec commissioners and their supposed politician-clients perceptibly pushing for this patently fraudulent automated system for 2013 and 2016.

In the meantime, the political elite and its darling chief executive are creating political circuses left and right all to divert attention from the most crucial issues, including the question, Is PeNoy simply a Hocus-PCOSed president?

(Tune in to Sulo ng Pilipino/Radyo OpinYon, Monday to Friday, 5 to 6 p.m. on 1098AM; Talk News TV with HTL, Saturday, 8:15 to 9 p.m., with replay at 11 p.m., on GNN, Destiny Cable Channel 8; visit http://newkatipunero.blogspot.com for our articles plus TV and radio archives)

Friday, December 16, 2011

Impeach all: Merry Xmas!

DIE HARD III
Herman Tiu Laurel
12/16/2011



Except for the very sparse Christmas spirit in the air, I bet one wouldn’t even be able to tell the difference between this December season and months past. Everyone is pretty much aware of how life has progressively gotten harder each passing year. But, just when I was just about to give up on the holidays, an early and unexpected present seems to be coming our way, with the moro-moro war among the Yellow factions now getting so heated up that it’s becoming somewhat real.

Of course, the acrimony as of now involves only words, which don’t break bones. However, in the event that somebody gets pikon and starts throwing real punches, the ruffling of the feathers can lead to some blood being drawn or worse. Even if real issues, such as the widely believed power plunder conspiracy between Malacañang, the Energy Regulatory Commission (ERC), and the oligarchs, and other similar Big Business abuses, are set aside for a while, I am hoping that enough pandemonium will manage to drag in truly vital issues into the fray.

For starters, somebody could raise the issue of the oligarchs’ control of certain members of the Supreme Court (SC), whether appointed by PeNoy or Gloria. In fact, one of the appointees of the present dispensation, Justice Maria Lourdes Sereno, was the ponente of a decision favoring the ERC and the Manila Electric Co. (Meralco) on the crucial approval of a 2009 Performance Based Regulation rate-setting scheme that raised power rates and Meralco’s profits — based on, of all things, a flimsy technicality of a supposed failure of consumer advocates to attend an ERC hearing.

Sereno apparently glossed over the fact that there was an oppositor present in that hearing (Mr. Uriel Borja of Iligan Light and Power), who interposed his objection and was amply prepared to present the evidence of the alleged massive overpricing of Meralco of its power rate proposals, but whom the ERC, in its usual pro-Meralco manner, gagged on the technicality that he was not registered as an “intervenor.”

As a result, the public has been penalized. They are now charged almost double the P0.90 per kilowatt-hour cost, which was shown by another petitioner, Mang Naro Lualhati, to be the rightful rate.

Moreover, as we narrated in a previous column, the ERC again apparently conspired with Meralco to confuse power consumer advocacy groups about the exact schedule of a recent hearing, hoping that the latter would be declared in default. Even while the advocates persisted, waited, and had siesta in the hearing room until the new appointed time, the issue that Mang Naro was to raise in a subsequent hearing was resolved in favor of Meralco since the ERC sent the advice for the later date to an old address of Lualhati which he, of course, never got. If this is brought to the SC, I have no doubts that Lualhati’s petition would be thrown out again.

Further, who can forget that another widely perceived Meralco-leaning lawyer was appointed to the high court by PeNoy? According to the news recap sent by Ferdie Pasion of the history of this magistrate’s appointment, “Court of Appeals Associate Justice Bienvenido Reyes, who once served as finance manager of a security agency owned by President Aquino’s family, was appointed as the newest Supreme Court justice… Reyes served as vice president and finance manager from 1987 to 1990 of Best Security Agency Inc., a security agency set up by Benigno Aquino III and his uncle, construction magnate Antolin Oreta.” But that’s not all.

“Reyes was appointed Supreme Court justice despite having been reprimanded by the high court in 2008 for signing a decision favoring Manila Electric Co. even before Court of Appeals Presiding Justice Conrado Vasquez could decide which of the court’s two divisions should resolve the case.”

The report added: “The Meralco-GSIS case exposed serious ethical issues, prompting the Supreme Court to investigate accusations of bribery. Reyes then faced a Supreme Court panel that eventually reprimanded him for simple misconduct. Reyes’ appointment filled the vacancy created by the retirement of Justice Eduardo Nachura” (the former congressman who allegedly did dirty jobs for the Arroyo government as its Solicitor General).

It will be argued that such appointments passed through the Judicial Bar Council composed of politicians and leaders of the legal community. But ask any non-partisan and apolitical members of the community and they will tell you the extent of the horse trading that goes on in that body. That’s why political lackeys get appointed there in the first place. The ordinary folks and consumers will only get a better shake if we impeach all the justices of the present SC and fill the slots with a People’s Court.

That People’s Court can then also take the function of the Ombudsman and Sandiganbayan to prosecute both houses of Congress and the Executive branch, replacing them with a People’s Congress and a “participative-ly” elected Executive structure.

That People’s Democratic Government can then prosecute the dozen or so oligarchs who have been behind the sham democracy in the country and put them in prison with their darling Gloria Arroyo and all her henchmen; same with PeNoy and company for the murders at Hacienda Luisita, the continuing jueteng operations, and the plunder in Quezon City and all over government.

That would be a wonderful Xmas indeed and an even better and happier New Year!

(Tune in to Sulo ng Pilipino/Radyo OpinYon, Monday to Friday, 5 to 6 p.m. on 1098AM; Talk News TV with HTL, Saturday, 8:15 to 9 p.m., with replay at 11 p.m., on GNN, Destiny Cable Channel 8; visit http://newkatipunero.blogspot.com for our articles plus TV and radio archives)