A nation dumbed down?

DIE HARD III

Herman Tiu Laurel

6/17/2011

Over the past week, a systematic campaign of misinformation was waged with only a few, if any, noticing it.  This involved the Energy Regulatory Commission (ERC)’s decision on the Manila Electric Co. (Meralco) petition for its Performance Based Regulation (PBR) rate from this year up to 2014.  Reports in almost all newspapers claim the ERC denied the increase and even reduced the rate with a lowered PBR, when the truth is, it’s just a collusion between the two that engaged in a gigantic sleight-of-hand to hoodwink the millions of Meralco consumers and the public.

 

During the first week of June, the ERC announced its denial of Meralco’s 2011 PBR application of P1.70/kWh, setting it at P1.58/kWh which it boasts to be lower than the 2010 PBR of P1.65/kWh.  It looks very nice at first until one takes a comprehensive look at the original Return-on-Rate Base (RoRB) formula, where 12 percent is already the maximum allowable profit, and the rate then was only P0.70/kWh.  Given this, plus the fact that the PBR rate now stands at 15.8 percent, the new rate has in fact more than doubled.

 

But that’s only half the story: Senior consumer advocate Genaro “Naro” Lualhati (who was among those who won our first Meralco refund of P30 billion) has investigated the cost computations of Meralco for its capital expenditures (capex) and found these to be bloated by 37 times.  His findings are corroborated by Jojo Borja, who has produced documents showing the massive overpricing and transfer pricing of Meralco’s power generation equipments, which have been presented before ERC hearings but are not reflected in the final determination of PBR rates.

 

Naro Lualhati’s own computation shows that the proper Meralco rate for this period should only be at a maximum of P0.90/kWh.  Meralco has thus been putting out its song-and-dance about how it needs to tighten its belt due to the ERC’s supposed “reduction,” with mainstream media pandering this distorted story to dumb down the public, when the truth is, it’s just continuing with what many see as its power plunder of the people.

 

On another matter, the Stradcom deal that’s bedeviling the BSA III administration and inflicting its damage on public coffers and the transport regulatory system, we have here a perfect example of the idiocy of subcontracting such essential government functions to greedy private corporations.

 

The computerization of the Land Transportation Office (LTO) records is no rocket science and does not require a complicated system.  Why then is government shelling out P140 million a month for this?  It’s been going on for several years now that the two factions of this firm are fighting over the earnings that have reached staggering billions, thus getting BSA III embroiled in its dirty quagmire.

 

Despite Teddy Locsin and Conrado de Quiros’ avowals about BSA III’s personal “honesty,” he is increasingly being seen as drenched in the corruption all around him, not to mention the corruption of his kin that even stoops to collecting illegal toll fees on public roads.

 

What the public isn’t being told is that this subcontracting of LTO’s computerization should never have happened--in the same way that other similar projects, such as the one entered into by the GSIS, which has since experienced endless glitches, shouldn’t have happened.

 

Information systems of government are crucial to national security and, as in the Stradcom case, private subcontractors only take liberties with the information they gather.

 

The basic outrage in all this, however, lies in the huge amounts paid to the private subcontractors that further deplete the national coffers and the public’s purse.  I’m sure that when the public learns about Stradcom getting twice as more than the LTO from our payments, the outrage will be even more.  It is no surprise, too, that political strings were pulled for the awarding of this contract, such as that of a religious denomination linked to a faction of Stradcom that sells its block votes every time.  Why do we allow this to happen?

 

Now comes this harebrained idea from a Gloria Arroyo special economic adviser whose advice led to the spike in Philippine hunger from 2003 to the present.  Even though Albay Governor Joey Salceda has earned political brownie points grandstanding on the Spratlys issue by calling for a boycott of China-made products, a credible economist this one-time gofer of the securities section of an international bank (the same job that Nick Leeson had when he collapsed Barings Bank) he can never be.

 

For one, even as Salceda cites RP’s trade deficit of $1 billion with China in 2010, he forgets that, since trade seesaws, it was a surplus of $750 million in 2005.  In addition, with the increasing mineral demand of China , this balance will tilt in favor of the Philippines again.

 

Imagine the massive upward inflationary push when Chinese products--from DVD players to garlic--stop flowing.  Now, if the Philippines were to subsidize its agro-industrial entrepreneurs again, we just might have a fighting chance.  But with Salceda’s allegiance to globalization, coupled with a boycott, our economy is sure to be doomed.

 

A balanced view of the Spratlys issue comes from Sen. Antonio Trillanes IV who, over merienda with two ambassadors, opined that there are “hawks” as well as “doves” in the Chinese government and that one must deal with the controversies, while asserting the Philippines ’ rights vigorously, with this in mind.

 

I added that while there is psychological warfare underway (as Vietnam is rumored to be calling for its citizens to prepare for war), there are sufficient formal agreements on the negotiated settlement of issues and sharing of resources to ensure an amicable conclusion in the coming times.

 

As for Salceda’s boycott proposal, why is it that we never heard him support the “Buy Filipino” call we’ve issued the past two decades?

 

(Tune in to Radyo OpinYon, Monday to Friday, 5 to 6 p.m., and Sulo ng Pilipino, Monday, Wednesday, and Friday, 6 to 7 p.m. on 1098AM; Talk News TV with HTL, Tuesday, 8 to 9 p.m., with replay at 11 p.m., on GNN, Destiny Cable Channel 8, on “GSIS Union’s Victory vs. Winton’s Outrages”; visit http://newkatipunero.blogspot.com and http://hermantiulaurel.blogspot.com for our articles plus TV and radio archives)

Elitist corruption in our penology system

KIBITZER
Rod Kapunan
6/13-19/2011



Life in the new Bilibid Prison is a microcosm of the kind of society we have. It is a mirror in fact of who we are.

Focusing alone on the issue of corruption one could see for himself the harsh matrix of Philippine society.

Elitism, religion and corruption blends well that one could think of Philippine society compressed into one tiny territory where the corrupt, the rapists, the swindlers, the murderers, the psychotic maniacs, and the scum coagulate as one.

Not a Deterrent
The scandal that rocked the Bureau of Prisons where convicted prisoner Antonio Leviste was arrested by the elements of the NBI lounging at his luxurious condominium in Makati only serve to highlight the corrupt practice that have long been taking place inside the country’s premier penitentiary.

Leviste has proven it again that incarceration is no deterrent for the elite and the wealthy to enjoy good life.

Maybe corruption varies. But inside the prison walls corruption is merely suited to the new environment; that class distinction is by no means erased by one’s incarceration.

On the contrary, the wealthier they are, the more they are treated like kings with the lowly prison guards even bowing their heads to them.

Maybe Leviste was bold enough to exploit the unwritten privilege by maximizing that to one of a living-out prisoner to make an effrontery to our justice system.

A Fellow Batangueňo
Maybe it was also coincidence the Prisons Director was a fellow Batangueňo, but certainly Ernesto “Totoy” Diokno cannot claim he did not know of what was going inside his domain.

If such is his claim Diokno no business accepting a delicate job of making sure not one of those dregs are allowed to mingle with the law abiding citizens.

More than that, it was highly ludicrous for Diokno and all his predecessors to have no knowledge that luxurious cottages have sprouted right inside the compound.

Known a “kubol,” those cottages have all the amenities of a small condominium complete with electric fan, air conditioner, television set, stereo components, kitchen and a bathroom, something many of our people living outside of the prison wall do not enjoy.

They have their own privacy, are allowed a conjugal visit, including visit by their mistresses.

As the saying goes there is always a special place for those who could afford.

Why P-Noy Waited
Indeed, many wonder what due process President Aquino was talking about when he waited for Diokno to tender his voluntary resignation.

Aquino failed to realize that the resignation was only meant to prevent further embarrassment to his government, but did not absolve Diokno the liability for letting out Leviste from his prison cell, with or without his knowledge, while he sits there as director.

The trouble with P-Noy is he wanted to simplify things thinking that people are so stupid to believe they have been vindicated by the resignation tendered by a scalawag official.

At this point, this column would like to raise why convicts who have yet to complete the full term of their sentence, and are granted pardon by the President are automatically restored of their civil and political rights?

This is asked for often influential and wealthy convicts are able to manipulate their sentence by befriending and even bribing prison officials who expectedly would recommend to the Prisons Director the commutation of their sentence.

After that has been granted they would then work for the submission of their names of prisoners to be pardoned by the President allegedly for good behavior.

Discriminatory and Unjust
So, if the convict is to serve for life, after serving three to five years can have his sentence commuted from 8 to 12 years, and two or three years more another commutation say spending 7 to 8 years in jail, they will now be eligible for pardon, thus serving only from 8 to 12 years at most.

They are able to easily work this out, except when the person they killed is a national of a country that looks at the Philippines as its downtrodden colony.

In other words, our penal system, particularly in the commutation of sentence and in the granting of pardon, has become discriminatory and unjust.

It is not so much that they are able to easily get out of jail, but of the fact that right after being pardoned by the President, their civil and political rights are automatically restored that they could immediately vote and shamelessly run for public office.

Worse, these convicts now capitalize on their new and misplaced fame to dupe the voters they are highly qualified to run.

What is repulsive is many of those poor convicts who completed their sentence, say 8, 12, 17, or even 24 years, as those convicted for the Aquino-Galman murder, continue to suffer as they are prohibited from exercising their civil and political rights, like their right to vote and run for public office.

Rather, it should be the other way around; that even if they have been pardoned, their release from jail should not automatically restore to them their right to vote, to run or to be appointed to public office.

The Butt of a Joke
Even those who have been given their commutation of sentence and released without the benefit of a pardon should not be entitled to the full restoration of their civil and political rights until after they have completed the number of years for which their were originally sentenced by the court.

There is nothing wrong with pardoned convicts running public office, but why discriminate those who suffered most, that after completing their sentence they remained treated as outcast?

We have become the butt of a joke for we are the only country that routinely elects convicts.

But as one would quip, why vote for a repentant when there are many who have not done anything to transgress the law and are better qualified for the position?

• rodkap@yahoo.com.ph

The RH man hunt

CROSSINGS
Butch Junia
6/13-19/2011



Any violation of the Reproductive Health Act or commission of any of the acts prohibited therein shall be penalized with imprisonment ranging from one month to six months or a fine of P10,000 to P50,000, or both, depending on the discretion of the court.

That is clearly and ominously provided in Sec. 29 of HB 4244, “An act providing for a comprehensive policy on responsible parenthood, reproductive health, and population and development, and for other purposes”, or the RH Bill.

As far as I can recall, and I do not claim a long memory or deep knowledge of state policies, this is the only development policy I know that has penal and punitive provisions. Violation of this policy has been criminalized.

Significant Loss
Anyway, this particular column, my wrap-up on RH, should have come out in OpinYon last week when Congress was still in session and the sponsorship of the Lagman Report was on-going. Glitches and goofs, all mine, and an unplanned excursion, made me miss my deadline.

But as we go to press now, the House, too, missed its target to railroad RH on its first regular session, so that kind of make us even – the House and I.

Further, Sec. 29 says: “If the offender is a public official or employee, he or she shall suffer the accessory penalty of dismissal from government service and forfeiture of retirement benefits.”

In effect, more than the fines, the public official pays additionally by forfeiting even the contributory portion of his retirement benefits, a significant loss considering that the retirement package is mostly funded by the official’s personal contributions.

I do not know if government employees are aware of this, and I am not if sure they will still go with this bill once they know the prohibitions and the violations they could possibly be held for.

Undesirable, Irresponsible
Well, if we must look for an upside in this one, we can use this law to finally rid government ranks of undesirables who have so far dodged accountability under stringent anti-graft laws.

They may not get off as easily under the RH Bill dismissal and forfeiture provisions.

Here is the punitive measure I particularly like: “If the offender is a juridical person, the penalty shall be imposed upon the president or any responsible officer (of the company).”

We can see all of these companies appointing “responsible officers” for RH, to insulate their president from liability, but I wonder if jail time will be part of the job description when they seek out new hires. I bet this will be the most-avoided spot in the corporate ladder.

Golden Handcuff
On the other hand, the company CEOs and presidents can use this jail risk to leverage more and better stock options, additional perks, and even a ”golden handcuff”, in case they actually have to go to jail.

Would the increase in costs from all these perks not result in higher prices to consumers, another of the unintended effects of the RH bill?

In any case, the top honchos used to VIP treatment may not have to give up their perks, after all. They will have their pick in the kubols recently vacated and could run their company from their iPhones and iPads in jail.

For starters in this front, we can focus on the executives of the suppliers of so-called RH devices, who could very easily violate one or the other principle or objective of this proposed law, given its vagueness and many inherent contradictions.

Violations, Prohibitions
What are these violations and prohibitions?

As a matter of state policy, Sec. 24 mandates: “The government shall guarantee the right of any person to provide or receive non-fraudulent information about the availability of reproductive health care services, including family planning and prenatal care.”

Sec. 2 declares: “The State likewise guarantees universal access to medically safe, legal, affordable, effective and quality reproductive health care services, methods, devices, supplies and relevant information and education thereon even as it prioritizes the needs of women and children, among other underprivileged sectors.”

Sec. 10 provides: “Products and supplies for modern family planning methods shall be part of the National Drug Formulary and the same shall be included in the regular purchase of essential medicines and supplies of all national and local hospitals and other government health units.”

Not to be taken lightly
On the foregoing policies alone, how many hospital directors, staff and an infinite number of other public officials and medical professionals do we send to jail? When a government facility fails to provide a modern family planning device, will the hospital director go to jail for it?

The policies that can be violated are sweeping and broad, and a resolute complainant, with good legal advice, can find the peg to hang any target of choice.

The prohibited acts for public and private healthcare service providers are as follows:  1) “knowingly withhold information and restrict the dissemination thereof, or intentionally provide incorrect  information regarding programs and services on reproductive health, including the right to informed choice and access to a full range of legal, medically safe and effective family planning methods." 2) "Refuse to perform legal and medically safe reproductive health procedures on any person of legal age on the ground of lack of third party consent or authorization.” 3) "Refuse to extend health care services and information on account of the person’s marital status, gender, sexual orientation, age, religion, personal circumstances, or nature of work,” with an escape proviso for a conscientious objector.

I would advise those within the definition of healthcare providers, which is also in the proposed law, to read this bill very closely.

Jail time and a big fine should not be taken lightly.

Very Broad Scope
Under prohibited acts, any public official who, personally or through a subordinate, restricts the delivery of legal and medically safe reproductive health care services shall also be liable, again, a very sweeping prohibition, considering the very broad scope of health services it covers. Even the bill itself waffles on what modern family planning methods are.

As for employees being enjoined from discriminatory practices, there are safeguards against these in welfare and labor legislation, but since the penal provision gives this more teeth, we will be good with this one.

The most chilling prohibition is Sec. 28 (e), as follows: “Any person who maliciously engages in disinformation about the intent of the provisions of this Act”.

At another time, this would have gotten media hopping mad at this clear incursion on press freedom and the bare-knuckled attempt at prior restraint.  Apparently, this is not one of those times.

Disinformation
In any case, the proposed law should have a clear frame of reference for what constitutes disinformation.

As we all know, there is much diversity of opinion on many key aspects of reproductive health, as demonstrated in the recent floor debate between Rep. Anthony Golez, interpellator, and Rep. Janet Garin, sponsor, both medical professionals, on the beginning of life. On what school of thought will an official hang; by which opinion will he be sent to the gallows?

Worst yet, the proposal is a hodgepodge of so-called “intents”: economic, social, medical, political, etc. such that you cannot make any comment without touching on one or another putative intent.

In ancient Rome, the sovereigns perpetuated their reign by inventing lese majeste, which criminalized any commentary on the sovereign.

This self-perpetuating proviso of the RH Bill is in the same genre as lese majeste. And if the RH bill is already law, IF and not WHEN it passes, I will have trepidations writing as I now do.

A friend said this proviso, reminiscent of the lamented McCarthyist era, can lead to a witch hunt.

I said no, it will be a man hunt: A Lagman Hunt!

Punto Bonito
I doff my hat to fellow Cebuano Niňo Bonito Padilla, a media veteran whose 5-minute no-holds-barred editorial – Punto Bonito – is making waves on morning primetime radio.

It is no coincidence that Niňo dominates the airwaves that the late Louie Beltran used to rule at DZRH, for they are quite similar in more than just their portliness. Both hard-hitting and unforgiving, their weapon of choice is their acerbic wit, and woe unto him who happens to be at the receiving end of it. They are comfort to the afflicted, and affliction to the comfortable, in the classic sense of that adage.

High in Niňo’s peeves are what he grandly describes as “nitwit politicians and government idiots”, and he hastens to add that they seemingly grow in numbers, in direct proportion to the rise in public disaffection with government.

As he marked a milestone year last Monday, June 6, when this item was supposed to come out, he continues to arouse and stir social awareness with a twist in Punto Bonito, after the 7:30 newscast of radio icon Joe Taruc on RH – that’s DZRH, not the RH Bill.

• Email crsng_47@hotmail.com