Sunday, June 17, 2012

Unbridled freedom

BACKBENCHER
Rod P. Kapunan
6/16-17/2012



Mahathir Mohammad who served as Malaysia's prime minister for 22 years stands as a maverick leader to the Western-oriented ideology called liberal democracy. He incurred the ire of the West for bluntly telling the world that their version of freedom has become their very instrument to retard democracy that often destroys the indigenous democratic values of the people. In short, Mahathir is telling us that too much freedom is incompatible to progress, just as no amount of progress is possible without it.

That was the gist of the speech he delivered on the occasion of his conferment as honorary professor by the country's premier and oldest university, the University of Santo Tomas. As usual, the controversial straight-to-the-point critic of freewheeling democracy hits the nail on the head of many who continue to look at the Western democratic model as their panacea to solving the problems of corruption and economic backwardness in their society. Mahathir said that real democracy is not all about freedom. Half of that imposes the innate responsibilities that go hand-in-hand in the exercise of freedom.

It is from this standpoint that Mahathir concludes that unbridled freedom often leads to anarchy with those who are wily enough to anticipate the outcome, taking advantage of the situation to commit graft and to abuse to the hilt their power, thus destroying the essence of democracy which they are supposed to institutionalize. It is in this context that Mahathir rejects the American brand of liberal democracy and calls it a failure for accordingly within that system is a built-in mechanism that tends to weaken, erode, and even destroy the native system of an orderly society.

Such values that antedate the Western system are often discredited as hindrance to the advancement of modern freedom that is seldom understood. Traditional moral values that for have long served as foundations for harmony and order in their societies are recklessly substituted by novel freedom which is an artificial creation of modernity. Worse, those clamoring for unrestrained freedom often invoke it as sort of indivisible right, unmindful that freedom has never been an absolute proposition. Put differently, the boundary of one's freedom ends where the boundary of one's responsibility begins. To cross beyond that penumbral political demarcation is to violate on the rights of others.

The problem however is that the liberal democratic orientation of freedom, which is often equated as synonymous to democracy, is in our tendency to value freedom instead of protecting our rights. Such is the case because we have sanctified freedom as immutable. We never even bother to look back that in our unrestrained exercise of freedom, we have only managed to push our country to the precipice of chaos. Despite our overtly gratuitous accommodation of too much freedom, coupled by an idiotic interpretation of democracy, we continue to slide backward when supposedly it was the West that advanced to us these formulas that could propel us to progress and prosperity.

We refuse to correlate the economic success of Malaysia and many of our more economically successful neighbors in Asia to their adoption of a responsible system of democracy —that the greater part of freedom is responsibility. For that, we in effect vandalized the Western system imposed on us. This is apparent by the absence of civic consciousness among our people. In fact, civic consciousness as a form of responsibility is nobler because its aim is to achieve a higher level of progress.

Freedom, for whatever one would say of it, is always selfish and individualistic. As Mahathir rightly noted, our observance of absolute freedom is to propagate anarchy in our society. It is on this score why the theoreticians of Western liberal democracy purposely obviate the truth – that to achieve the higher goals of collective progress and prosperity would equally demand from our people their collective sacrifice and discipline. Rather, any attempt to adopt that system is instantly denounced as authoritarianism, and any leader who might set the tone to impose discipline is branded as a dictator. The West continues to proscribe this approach despite the fact that untrammeled freedom has led to the moral decadence in our society.

Mahathir and many other leaders like President Marcos have their reservations about the ideology that has netted nothing positive to our people. Many suspect that the imposition by the West of the liberal democratic system is a subtle form of subversion because countries adopting it sooner found themselves economically at the bottom of the pit, mired in graft and corruption, deep in debt, and often traumatized by violent civil disorder. The net result is the institutionalization of a very weak central government that is pliant to foreign dictation and exploitation, yet made grateful for the assistance and protection extended to it.

Thus, as the West continues to orchestrate that brand of licentious freedom, our people descend to the bareness of instinctively acting like dogs. As the cycle of failure continues, it is the West that takes out from us the advantage of anarchy, while leaving to us the disadvantage of having to engage in what we might say "political cannibalism" at its worst.

Serge's power blocking

CONSUMERS' DEMAND!
Herman Tiu Laurel
6/11-17/2012



After five and a half months of the Corona impeachment dissipated the crescendo of anti-Epira voices from all over the country, Senator Serge Osmeña, as chair of the JCPC (Joint Congressional Power Commission) charged with investigating and finding solutions to the recent Mindanao Power Crisis, finally convenes the commission last week after a lengthy postponement from an April meeting Serge himself aborted.

The meeting should have been well publicized due to its primodial importance, but media apparently have not been informed and no announcement has appeared. It was only when we checked with one of the top NGOs and power consumer protection advocates that we found out Serge has called a meeting, but there was a big "BUT". TUCP's power sector expert Louie Corrale informed us that a JCPC meet had been called for June 7 but no anti-Epira Mindanao businessmen and regional leaders were invited; only Lopez representative and pro-Epira resource persons were invited. Anti-Epira NGOs and advocates have been victimized by Serge's power blocking again.

The same blocking maneuver has been done consistently in the Low House of Congress where Dina Abad, wife of budget chief Butch, holds the energy committee and sits on every motion from the few solons raising concerns over power issues affecting their constituencies. Lately, we have also received word that Cong. Cresencio Paes of the NATCCO party-list (a cooperative movement) is also opposing moves from Cong. Dina Abad in the energy committee that would abolish electric cooperatives and open them to the predatory mass takeover from the energy oligarchs which have taken over almost all power assets of the National Power Corporation over the past ten years. Abad has been sitting on calls for investigation of the Mindanao power crisis and demands of Mindanao legislators to stop the drive to privatize Agus-Pulangui (much like what Serge is doing in the Senate), as well as sitting on such motions such as Cong. Toby Tiangco's call for the investigation of the VAT on "systems loss" levied on consumers, and Rufus Rodriguez's demand to stop privatization of power barges 101 to 104.

Despite the power oligarchs' "serge-ant at arms" policing the legislature from doing anything positive to investigate, expose and dismantled the plundering power privatization and rate gouging of the power oligarchs, more and more Filipinos are standing up and fighting them. One of the champions of the anti-power oligarchs crusade is a pioneer in the power industry, Mr. Jojo Borja who owns the Iligan Light and Power Inc. (ILPI) providing electricity to 60,000 customers of Iligan City at the fair but still very profitable rate of P 5.75/kWh. He is incensed with what he has seen of the disastrously damaging impact of Epira and Meralco's mega-franchise that charges the killer rate and "highest power rate in Asia" which today stand at P11 to P12/kWh on five million Meralco customers. Last week Borja informed us that another major power industry leader form Mindanao is joining the crusade against Epira, none other than former Cepalco (Cagayan Electric Power and Light Co.) vice-president for engineering David Tauli whom Borja said was made to choose between his vice-president post and stopping his criticism of Sen. Serge Osmeña and his policies; Tauli chose to give up his position to wage the fight against Epira.

In an Internet posting way back in 2010 Eng. Tauli posted this: "Date: Tuesday, March 23, 2010, 1:13 AM… My concentration is on the short-term problem caused by acts of commission and omission by the NPC-PSALM that resulted in their inability to produce electricity from their existing power plants. … My previous postings have identified the causes and the solutions to the short-term problem. And let me remind everyone again that the causes are all man-made, and cannot be attributed to El Nino. What was not adequately covered in previous posts is the reason why the PSALM perpetrated these acts of economic sabotage…." Eng. Tauli is also the spokesperson of the Mindanao Coalition of Power Consumers, which is among the chorus of voices demanding a stop to the privatization of the Agus-Pulangui hydroelectric complex. Speaking of hydro-electric plants, power oligarchs are also salivating for several Luzon based hydro-electric and other power facilities. Among these are the Angat and Casecnan multi-purpose hydroelectric dam facilities, the 640-MW Unified Leyte geothermal, the 65-MW Malaya thermal plant and four power barges, i.e. 101, 102, 103, 104.

Will the privatization of these few remaining power generation facilities help bring down electricity rates? We know after eleven years of Epira that every privatization results in greater increases in power rates because the number of public-owned and operated power plants providing cheaper power are reduced. The remaining publicly owned and operated power plants are the only things left to counter-balance the profit and greed based independent Power Producers, and the appeal from many NGOs and leaders is to end the privatization at this point. Privatization of multi-purpose hydroelectric plants also increases charges of privatized irrigation, pushing up agricultural production costs resulting in higher food prices. The FDC (Freedom from Debt Coalition) on the eve of Serge's JCPC meet issued a press release entitled "Don't allow sale of Agus-Pulangui in Mindanao" and concluded "'EPIRA has systematically prevented the national government from developing and improving state-owned and managed utilities as, over the years, it was geared more into privatizing such assets. This resulted in most of our power utilities being under control of the oligarchic few,' said Agee Linan, FDC power campaigner."

Last week, the first week of June, Meralco announced that its generation charges would increase by up to P 0.54 centavos/kWh giving the reason that demand will be going down due to cooler climate compared to the high demand of hot May. This is the only commodity that when demand goes down the prices goes up, everything else from pork to banana-Q prices would go down if demand goes down. The reason for the gravity defying stunt of Philippine electricity prices is again Epira which provided a "auction" agency called the WESM (Wholesale Electricity Spot Market) to apportion a certain percentage (about 10% today) of electricity generation to the different IPPs to achieve a generation rate that will ensure all IPPs get their predetermined and guaranteed profit levels. Hence when demand goes down they look for the highest rates to compensate the reduction in profits of the IPPs based on a constant "demand rate". These IPPs are lucky SOBs of the Epira, protected by law while the same law penalizes, punishes and impoverishes the entire nation.

Meanwhile, the 'power' struggle continues raging: Last Friday, June 8, Filipino power consumer advocates led by Atty. Bono Adaza, advocates Butch Junia, power expert Jojo Borja and many volunteers, faced the Energy Regulatory Commission (ERC) in the hearing on 2013 Maximum Average Price (MAP) petition by the Manila Electric Co. (Meralco) for its distribution charge, which would again raise electricity rates in the coming years. The group is also bracing for a massive struggle to stop the Meralco-National Power Corp. (Napocor) P14-billion settlement predictably granted by the Rizal Regional Trial Court (RTC) and will pass-on cost to consumers through the ERC is they are not stopped. Anent the 2013 MAP deliberations are premature since the 2012 MAP hearings still have unresolved issues as raised by Mang Naro Lualhati (our octogenarian hero of the first P30-billion Meralco refund, along with Cefie Padua and others), as well as the 500-percent overpricing of transformers and other costs of Meralco approved by the ERC, as charged by Iligan Light and Power Inc. (ILPI) against the power distributor before the Court of Appeals. ERC just gave its provisional green light for Meralco to implement its 2012 MAP, why on earth is it now hearing the MAP petition for 2013 without first resolving any of the important prejudicial questions?

Lualhati issued this warning (through text): "Ka Mentong, ERC refuses to exclude the P46,015-billion asset base bloating. This means P48-billion overcharge in 2015. They will approve a charge of P2.50 to P3.50 per kWh, instead of P0.90 per kWh, in 2013 as they have done in 2012…" In the medium run these fears of Lualhati may become a reality although for now Meralco is making only small tentative moves of petitioning for a few centavos increase again on their already 100% overcharged ARR (Annual Revenue Requirement) base and MAP (Maximum Average Price), but we always expect the worse form them and the ERC if consumers are not guarded against their blocking moves.

(Tune in to 1098AM, dwAD, Sulo ng Pilipino/Radyo OpinYon, Monday-Wednesday-Friday [change of sched], 5 to 6 p.m.; watch Destiny Cable GNN's HTL edition of Talk News TV, Saturdays, 8:15 to 9 p.m., with replay at 11:15 p.m. on "Will Malampaya be sold off?"; visit http://newkatipunero.blogspot.com for our articles plus TV and radio archives)

Monday, June 11, 2012

Lawmakers, lawbreakers

DIE HARD III
Herman Tiu Laurel
6/11/2012



The recent Corona impeachment and conviction displayed the situation our title highlights today: Lawmakers as lawbreakers. In a sense, that is the rule instead of the exception because those who make the laws have the power — the same power that allows them to break the laws they make with impunity.

The same thing happened in 2001 with Estrada's impeachment and street mob ouster where the Philippine Establishment — from the oligarchs to the Church, to the "evil society," all backed up by the US — ran roughshod over the Rule of Law to install the leader they wanted.

But make no mistake: The same also prevails in the international stage where the US violates with impunity the multifarious laws the West has written for the world through the UN. For instance, despite the many anti-terror statutes written into international law, it is common knowledge that the US is leading the supply of arms to anti-Assad terrorist rebels in Syria today.

Last week, lawyers Homobono Adaza and Alan Paguia, together with yours truly, filed a petition for "Certiorari and Prohibition with a Prayer for a TRO (temporary restraining order), writ of preliminary injunction" against the Congress and the Senate, as represented by their respective leaders, and an urgent motion for "oral arguments" on what we allege are violations of the Constitution and the Rule of Law in the conduct of the entire Corona impeachment and conviction process. When a few friends say that the petition is laughed at by some, I contend that it is because they are ignorant of its purpose.

On the morning of our filing, former congressman Teddy "Boy" Locsin on his radio program took a pessimistic view of our action. However, according to those who tuned in to his evening TV "editorial" just about 12 hours later, he had changed his position and agreed that the issues must be raised before the Supreme Court (SC), even if just for the benefit of "posterity."

My personal experience in this has been the same as my opposition to Edsa II, where many old friends looked askance at me but four years later, after "Hello Garci," turned around to say I was right.

In fact, some of my political friends from the Estrada camp today (like Rez Cortez) even ask me, "On whose side are you, Corona's?" By answering that I am on the side of the Rule of Law, I hope that they've seen the very reason for my being an ally of Estrada.

When I was asked by another in the same group about the reactions to our petition from Senators Lacson, Drilon and Enrile, I merely cited the very proof that was presented before the Senate but which it had clearly disregarded — the testimony of Rep. Toby Tiangco showing how the House and its Speaker Sonny Belmonte ran roughshod over the Constitution and rules of verification to railroad the Articles of Impeachment; and why it was wrong for Senate President Juan Ponce Enrile to have accepted it. But I don't think these can be any worse than the non-action of the SC on a separate petition of ours last January — with colleague Rod Salandanan of Bataan and Raffy Tongco of Quezon City, represented by Paguia as counsel — questioning the severely infirmed and blatantly illegal Articles of Impeachment, plus five other petitions questioning the omissions and short cuts that had caused the grave injustice.

Enrile contradicts himself when he leads the conviction of his hapless victims then defends those victims by saying they committed no crime. If we are to go by the law, there should be a pursuit of all alleged guilty parties. But as Alan Paguia points out, the law and the matter of justice for the Filipino people in these cases of purported corruption and abuse of high government officials are merely made into chips in the horse trading of politics.

In the case of former Ombudsman Merceditas Gutierrez, for example, all corruption charges were immediately dropped in the wake of her resignation. You see: There should have been no compromise if she had been guilty; but, as all the politicians know, most of them are as guilty, if not more, than those they accuse.

I think Corona believes that those who have accused him are far worse than anything they can ever accuse him of, with his final act of exposition of all that he is a declaration of how much more honest he is. To this day, Corona's major accusers, particularly Lacson and Drilon, still refuse to execute waivers for their bank accounts and other financial records.

The latest news is that senators allied with JPE got the biggest pork — a product perhaps of that last JPE meeting with Legarda et al. to convict Corona?

The Anti-Money Laundering Act (AMLA) is a law inspired and lobbied for by the US, supposedly to track illegal and terrorist money. But guess what? The biggest illegal funds transacted globally involve the $500-billion annual drug money transfers that have the Philippines as one of the biggest sources. Even though we have no data on the Philippines yet, we can see how the West and the US banks break the global anti-money laundering regime, by reading "Western Banks, Immune, Enjoy Biggest Slice of Drug Money Profits" posted by The Agonist and "American Banks 'High' on Drug Money" about Martin Woods, an expert at "sniffing out dirty money passing through International Banking Systems."

So, the US as the originator of the global anti-money laundering rules, is in reality the world's chief violator. Thus, every law abiding citizen of the world today, without yet capturing power and supplanting the present plutocratic structure, can only expose the chicanery, fraud, hypocrisy and misanthropy; and hope the majority comprehensively imbibes the practice of the Rule of Law to lay the groundwork for a genuinely democratic culture and political structure.

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