Saturday, April 30, 2011

Why Merci's resignation is void

Alan F. Paguia
Former Professor of Law
Ateneo Law School
University of Batangas
Pamantasan ng Lungsod ng Maynila
alanpaguia@yahoo.com
April 29, 2011

Merceditas Gutierrez, who claims to be Ombudsman, has tendered her resignation to President Noynoy Aquino.

Is her resignation valid?

No. It is, like her aborted impeachment, VOID ab initio.

  1. She cannot relinquish an office she no longer holds. Her term had expired in 2009.
  2. Her resignation, like her impeachment, is a cover-up for about thousands of ILLEGAL indictments and acquittals she had signed WITHOUT JURISDICTION after the automatic expiration of her inherited constitutional term. 

In other words, in spite of her dubious resignation, she still has to account for such acts of bad faith, not only to the sovereign Filipino people but also to the individual victims of her sham indictments and acquittals.

Those who were illegally indicted would do well to move to dismiss their cases. Those who were illegally acquitted should be re-investigated for possible indictment. The common ground for such courses of action would be lack of jurisdiction on the part of Gutierrez.

Friday, April 29, 2011

Political implosion imminent

DIE HARD III
Herman Tiu Laurel
4/29/2011



As I write this piece, I recall my recent radio chat with “Sorry Yellow Movement” lead convenor Linggoy Alcuaz. He sees the accelerating collapse of the current regime, citing as a major fissure in the political firmament the declared intention of the presidential uncle, Rep. Peping Cojuangco to actively join the PDP group identified with Binay. “Tito Joe,” as Peping is known in their family circle, was followed by “Tita Tingting,” who resigned from her post as head of a government safety academy connected with state security institutions.

Alcuaz adds that these tremors are just a precursor to more earthquakes ahead as the deadline nears for the one year-ban on appointments, where only one out of 10 of PeNoy’s losing partymates from the 2010 elections can ever hope to get appointed. Many of these un-appointed loyalists will then start to grumble as PeNoy is now a captive of the warring Balay and Samar groups, himself bereft of any redeeming accomplishment.

At the same time, I recall my discussions with leading pro-PeNoy figures from three major economic sections of society — the rice, dairy and coconut sectors. In all, the judgment is the same: The present government has been a massive letdown.

The rice sector’s problems are clearly reflected in the contradicting pronouncements of PeNoy’s Agriculture secretary and his National Food Authority chief, with the former declaring no need for rice imports but with the latter openly contradicting it.

In the dairy sector, the country’s premier organizer of farmer-dairy production networking and marketing says PeNoy’s government has absolutely no support for efforts to increase farm income through production substitution of the country’s yearly P100-billion dairy imports. While he admittedly supported PeNoy as he was taken in by the Yellow mania, when I reminded him that it was President Estrada who was his industry’s biggest supporter, he acknowledged his error.

The coconut industry, meanwhile, which directly and indirectly supports the livelihood of some 20 million Filipinos, initially had high hopes. Coming from the past administration’s kleptocracy, particularly in state coconut institutions such as Philcoa (which was headed by a tradpol), coconut farmers and entrepreneurs anticipated changes; but their hopes were short lived.

To everyone’s disappointment, a coconut NGO leader averred that another non-coconut man was appointed to Philcoa, resulting again in paralysis, where coconut exports slumped severely in the first quarter while coconut development programs continue to be at a standstill.

As the combined rice, dairy and coconut sectors constitute 70 percent of the country’s population, the multi-layered incompetence plus the breakdown of PeNoy’s political coalition, notwithstanding his regime’s administrative aimlessness in the critical economic sectors, all predicate disaster for the Filipino people.

Can we wait until 2016 to take another shot at changing the leadership that is obviously failing big even at this early stage? Can we sit idly by when the food price crisis starts impacting on the people by the third quarter, with the full force of a Fukushima-like tsunami and nuclear disaster, as we face PeNoy’s unceasing commitment to his masters at the US Embassy and the IMF-WB to increase VAT from 12 to 15 percent, to raise MRT/LRT fares, and to keep unchecked the murderously escalating fuel prices pushed by the global “oily-garchs?”

It probably won’t be like Oakwood in 2003 or the 2006 Marine standoff but there certainly will be a new variation that is more political than military. Such a move will be prompted by the pressing need to save the nation from the unprecedented crises that have emerged from a second of year of PeNoy’s massively failing governance and irreconcilable turf wars.

The genuine opposition must come together, prepared for this imminent implosion. By “genuine opposition,” we do not mean the GMA-led trapos who are engaged in a moro-moro with the sitting administration via a fake, acoustic war around the issues of Merci Gutierrez and this new, designed-to-fail Frank Chavez plunder case against Gloria Arroyo. (Why not revive the “Hello Garci” case when all the evidence is there?)

By genuine opposition, we mean the peasants, farmers, coconut planters, workers, as well as urban poor movements — the constituency that is bearing the brunt of PeNoy’s failures. By taking to the streets once more, much like in Edsa III of 2001, the nation can finally install a leadership that is both sincere in its passion for the people and armed with a competence born of experience, maturity and wisdom. Lest it be nipped in the bud, we shall not name names just yet. But believe me, it is growing and biding its time.

To continue our post-Lenten recap from the last column, here’s my take on the cultural front: The Revillame imbroglio is really a political campaign to clobber the entertainer for repeatedly snubbing the Yellow powers. If cultural reformation were the real goal, then they’d also have to demand for a review of Tito, Vic and Joey’s decades-long trashy fare. With the growing number of street children which the Commission on Human Rights isn’t doing anything about, this Jan-Jan child abuse charge by Etta Rosales, et al. is pure hypocrisy.

On the global front, a recent event encapsulates how pitiful some local opinion writers are for being hoodwinked by the West’s info manipulation: The resignation of Al Jazeera Beirut bureau chief, Ghassan Ben Jeddo, over his former network’s unprofessional coverage of Libya — where massacres that never took place were repeated over and over — and Bahrain — where massacres that did take place have been all but ignored. Need I say more?

(Tune in to 1098AM, Monday to Friday, 5 to 6 p.m., and Sulo ng Pilipino, Monday, Wednesday, and Friday, 6 to 7 p.m.; TNT with HTL, Tuesday, 8 to 9 p.m., with replay at 11 p.m., on GNN, Destiny Cable Channel 8, on “Edsa Tres Revisited;” visit http://newkatipunero.blogspot.com for our articles plus select radio and GNN shows)

Thursday, April 28, 2011

Rice price subsidy won't solve the problem

KIBITZER
Rod Kapunan
4/25-5/1/2011



Maybe the increase in the price of rice is something we could not avoid. But instead of finding the right solution to the problem, those in charge of preventing famine are looking for a scapegoat.

The scapegoat the National Food Authority has found is the steep increase in the prices of fuel products, like diesel. From an average price of P34 per liter in June 2010, the price now is at an average P47.10 per liter.

I am not saying the previous regime was better than the variety we now have. Their economic policies remain the same, and the only difference is the person in charge. Both dance to the cadence of the band leader for them to carry on the deception that the Filipino people are free and wholly responsible for what they are now – bedraggled, stupid and hungry.

If some came out with their formula of resolving the impasse of poverty, hunger and unemployment, they are palliative solutions because they are not really meant to help, but to boost their own political image as the chosen people of the languid Church we have.

In Connivance
Take the case of rice. When we joined the World Trade Organization, we promised to abide by its rules and resolution.

Unfortunately, one of those resolutions was for the scraping of all subsidies and the dismantling of all protectionism in agriculture to theoretically allow the free flow of cheap food to countries that could not otherwise feed their own people.

As Western economists would say, “why spend time and money in producing food that is costly and unsustainable, when others could produce them much cheaper for us?”

So, instead of encouraging our people to farm, we told them to leave the country and serve as slaves and even as mules abroad. With their meager earnings we tell them now to buy their own small house and lot, while the rich developers in connivance with the good-for-nothing government buy and develop abandoned farmlands to be converted into subdivisions, leisure parks, golf course, ecotourism parks, etc.

Back to Square One
As the hypocrites would often say, there is more money in that approach. The problem is the money earned is not in the hands of ordinary Filipinos who were not able to leave and escape the pangs of hunger here.

The money is mostly in the hands of the elite. So, it’s back to square one. The original problem of the farmers wanting to secure an incentive to produce the food we could eat has become a serious problem of losing both their lands to farm and their money to buy food.

One must bear it in mind that the NFA, headed by that image conscious former acolyte of Senator Lacson, Lito Banayo, cannot forever borrow from the government. The P129-billion debt which is expected to increase cannot be forever tolerated.

The NFA should be taught that it does not exist to serve the political ends of whoever is in charge, but as leverage to reduce the price of rice and other essential food items such as corn. Whether the subsidy is at P1 to P2 per kilo is beside the point just as it would not help solve the problem of food shortage.

One thing sure, for every sale of that imported commodity the government is losing heavily, while at the same time it serves as a disincentive to the remaining farmers. The reason is obvious: that the subsidy in price just to make them affordable is directly helping the farmers and traders exporting those rice at the price they are willing to sell.

Agricultural Subsidy
The hypocrites justified their decision to dismantle the subsidy by citing the comparative advantage theory of David Ricardo, which is to concentrate on what we could produce and sell at cheaper cost, which is to export our people as livestock! For that we removed the guarantee imposed by the then National Grains Authority to buy all the palay at subsidized price during bumper harvest as incentive to the farmers, and to sell the milled rice at floor price to make them affordable to the consumers.

That decision was thorough with the Department of Agriculture discontinuing the subsidy on fertilizers and hybrid rice seedlings.

Instead they revived the rice cartel to increase their price during periods of short supply through hoarding. They abrogated the authority of the NGA to buy, sell and distribute rice, and likewise ordered the National Irrigation Administration to discontinue the subsidy in the cost of irrigation by privatizing them.

Even the size of the farm lands were restructured such that the income of the average farmers today has fallen below the take home pay of the wage earners in commercial and industrial establishments resulting in many of them abandoning their farm lots.

In that one could see the whale of difference in the subsidy in the price from the subsidy in the production of rice. The WTO wants us to dismantle all forms of agricultural subsidy, but would not mind us subsidizing the high cost of imports, while allowing the West to maintain their subsidy in agriculture.

(rodkap@yahoo.com.ph)