Saturday, November 17, 2012

Extension of misplaced values

BACKBENCHER
Rod P. Kapunan
11/17-18/2012



I am appalled by the furious reaction of the so-called academic community by their filing of a complaint against Senate Majority Leader Vicente Sotto III for allegedly plagiarizing his speech that centered on another controversial issue—the reproductive health bill. Specifically, the complaint came amid the letter sent by Kerry Kennedy, daughter of the late Senator Robert Kennedy, claiming that portions of Sotto's speech were lifted from her father's writings. Kerry said that Sotto had no claim for the use of those words simply because he used Tagalog instead of English. Such an argument has no merit, she said. She demanded an apology for the alleged unethical and unsanctioned theft of Kennedy's intellectual property.

Yes, plagiarism is unethical, but I do not agree it should be classified as an "intellectual theft." The words used by the author or writer whose idea was plagiarized were definitely not coined by him, but lifted from the dictionary used by people with English as their mother tongue. Maybe, it is on how the author or writer phrased the sentence, but surely what he wrote can never be made equivalent to a formula or to an invention to give him that exclusive right that he alone can use it by sealing in it a stamp of ownership.

Claim of ownership to a mere written idea, to my mind, is the most brazen form of intellectual imperialism. No author of a book, novel, article or pamphlet has a monopoly of ideas, written or otherwise. It is man's medium for intellectual growth, although in many finer points, what he has learned and what he is saying are not original to him. Thus, if we are to make an issue out of every sentence, phrase or paragraph one has copied is to impose a law that could seriously imperil intellectual growth.

Nonetheless, copying has also been rampant in other countries. They copy written articles which are a violation of the copyright law, formulas or inventions resulting in the violation of patents, or copy products called counterfeiting. In our case, the issue has grown out of proportion because the one accused is a senator, although it is more of an amor propio. This I say for what is in that Sotto copied for the hypocrites to sizzle? Yet, for want of any sensible issue, they zero in on plagiarism which has nothing to do with the RH bill. In fact, this column is also against the RH bill, and has to come to the defense of Sotto because the debate has now descended to the gutter level. The so-called intellectual community is raving like mad dogs when there is really nothing in it, except for their pricked ego.

Maybe they want to instill phobia in Sotto so for him to never again open his mouth on controversial issues. But people like Sylvia Claudio of the UP Center for Women's Studies, Antonio Contreras, former dean of the DLSU College of Liberal Arts, Red Tani of the Filipino Freethinkers, Inc., and Barry Gutierrez of Akbayan party-list should do more to elevate the debate to a more sensible level than accuse one of cheating. They must come out with their own ideas why they are for or against the RH bill; not as the Vatican would tell them or as some self-indulging moralists would propose. In like manner, the proponents should have a better argument other than parroting the USAID and the World Bank like saying we are now overpopulated.

Moreover, the issue is a dead one because countries that were once considered basket case economies like Japan, China, India, and Brazil are now the fastest growing economies in the world, and it was their burgeoning population that propelled their growth. The hypocrites wriggle like worms every time one is accused of plagiarism without them thinking that they are in fact highlighting their own stupidity that has deterred us to intellectually advance all for fear that anything we might say has already been patented or copyrighted by the imperialists.

Rather, our patriotic duty is to get hold of the technology and ideas as fast as we could because it is out gateway to progress. We cannot forever keep on producing manpower to do the work for them here and abroad, but for us to produce manpower that can come out with our own quality products we could sell. We cannot remain in constant fear of being accused of violating the intellectual property rights and shunned by the so-called international community.

We are not even sure that what they dangle as their patented property was also pirated from others. Many local businessmen suspect that the arrest of violators of the international copyright and patents has become a lucrative business because the reward given to law enforcers comes from the heavy penalty imposed. We are being fried in our own lard. Later on, this could hamper us from producing our own quality products which many industrialized countries did in their quest to industrialize.

Other countries that achieved a high level of industrial and technological development are still fighting to ward off the imperialist imposition of intellectual property rights. For one, Samsung is fighting attempts by Apple to ditch its Galaxy notebooks out of the market. In the World Health Organization, the battle continues to rage on how to delist from the international patent certain medicines because many countries have succeeded in producing them using or accidentally using the same formula to cure some illnesses that have plagued mankind.

Their production is being opposed on the premise that it violates their patents, although it is apparent that Third World-produced medicines could be sold at a much cheaper price than those sold by international pharmaceutical corporations that have been acting as living gods in deciding between life and death.

rpkapunan@gmail.com

Friday, November 16, 2012

'A bit' of greed

DIE HARD III
Herman Tiu Laurel
11/16/2012



Iligan Light and Power Inc. (ILPI)'s majority block owner Jojo Borja, a crusader against electricity price gouging policies, pointed out how explicated the new Department of Energy (DoE) Secretary Carlos Jericho Petilla's energy sector policy direction really is.
Here's a quote from media: "He (Petilla) reiterated that even in his previous job as governor of Leyte, his proverbial appeal to its local government unit heads had been: 'There has to be a little bit of greed, but it's not in a level that will squeeze the people financially.'"
What is that level of "a bit" of greed? Is it the 12-percent Return-on-Rate Base (RoRB) prior to 2004 or the present Performance Based Regulation (PBR) rate of up to 17 percent concocted by the Energy Regulatory Commission (ERC), not to mention the 1,000-percent overprice of many components of that rate base? Or is it the 5 percent that distribution utilities (DUs) like ILPI used to make that was already enough for a decent profit?
Borja, a third generation electric power industrialist, says that under the present PBR set-up, they earn in three months what they used to earn in 12 months under the RoRB. They didn't really earn 12 percent as that was only a "cap."
Before the advent of the Electric Power Industry Reform Act (Epira) in June of 2001, regulators used to be much stricter in approving profit rates and DUs had to eke out much lower profits — but that's not bad considering the "captive market" they have.
So pray tell Mr. Petilla. What is your definition of "a bit of greed?"
Petilla argued that the "bit of greed" should be in the level that will not "squeeze the people financially" and at a level that is "sustainable." But what is that sustainable "level of greed?" Is it when Third World power rates (such as the Philippines') gain the reputation of being the "highest in Asia?" Is that sustainable?
To wit, here are some reactions to the present electric power price situation: Nora Halili, trustee of Philippine Exporters Confederation Inc., in a news report, said "Producers and manufacturers suffer… they are no longer competitive, so they go to (other) countries for an ocular inspection to determine if they can compete (from there)… The countries most favored as alternative locations were Vietnam and China, which… have lower power rates..."
Meanwhile, Marbel Bishop Dinualdo Gutierrez said, "It's not the fault of the people of Mindanao why the region is having a power crisis today… It's the government to blame because of its neglect and wrong policies that tend to favor businessmen and private investors rather than looking after the welfare of its people." That's clearly a critique of that "bit of greed" that is the rationale behind "privatization."
Last October, the Associated Labor Unions-TUCP VP Gerard Seno warned of a workers' unrest on rising electricity rates after hitting a record of P13.66 per kWh, "This… will hurt the already precarious income of workers… scares new investors from coming in… force existing businesses to close shop and transfer to other… Asian countries (whereby)… more Filipinos will be jobless."
TUCP Rep. Raymond Mendoza showed Manila Electric Co. (Meralco) residential rates hitting "an all-time high of P13.66 per kilowatt-hour (kWh) beginning August… the highest residential rate in the world surpassing… Denmark, Germany, Italy, Austria, Ireland, Japan, Belgium, and the Netherlands at 22 to 32 US cents per kWh.
Newspapers and columnists, like our friend Dick Pascual, were misled by Australian firm International Energy Consultants to report that ours is only the second highest by a distorted averaging of industrial and residential rates.
Mindanao leaders, meanwhile, had these to say: Davao del Norte Gov. Rodolfo del Rosario at the Mindanao power summit early this year reportedly "asked (Aquino III) … to review the Epira because privatization of power assets has resulted in cartels."
Rep. Daisy Fuentes in the same summit told reporters that she was dismayed by the Epira, admitting she was fooled by the "experts" or those proponents of privatization despite warnings of its "cross ownership" dangers, saying, "Yung sinabi nilang walang cross ownership, it's happening," adding that reasonable rates of electricity have not been attained.
Secretary Lualhati Antonino of the Mindanao Development Authority (MinDA) said that the Epira failed in its purpose of creating a "regime of competition" because in reality there are only a few private players in the industry.
Yet in the face of all these, Secretary Petilla argues that "the private sector has the money, but we always say also that if private sector comes in, the cost will increase?"
Already, he admits that "privatization" and its "little bit of greed" do add cost but doesn't explain that that very added cost has amounted to P1 trillion or $300 billion in Psalm (Power Sector Assets and Liabilities Management Corp.) debt that they want to charge power consumers over the next 25 years.
Mind you: That "little bit of greed," like Jun Lozada's "moderate greed," has been the undoing of this nation's welfare. More next week.

(Watch GNN's HTL show, GNN Channel 8, Saturdays, 8:15 p.m. to 9 p.m., 11:15 p.m. and Sunday 8 a.m., and over at www.gnntv-asia.com on "Bangsamoro Realities" with Gov. Al Tillah and Prof. Antonio Pangilinan as guests; tune in to 1098 AM radio Tuesday to Friday, 5 to 6 p.m., and visit http://newkatipunan.blogspot.com)

Monday, November 12, 2012

No to P6-MRT fare hike!

DIE HARD III
Herman Tiu Laurel
11/12/2012



A few months ago Department of Transportation and Communications (DoTC) Secretary Mar Roxas bequeathed a hard-line P10-MRT (Metro Rail Transit) fare hike stand for his successor Secretary Joseph Emilio Abaya to parlay with the public. Met with adamant resistance from commuters and taxpayers enlightened on the serial MRT scam the Aquino administration through DoTC secretary has taken one half-step back and "concedes" to introducing "improvements" first before raising rates by a reduced amount. They hope to erode public resistance with this: But the fact remains — the MRT and LRT (Light Rail Transit) fares today are at least P5 over the O&M (operation and maintenance) costs and there's already hundreds of millions for major improvements. Aquino should prosecute those responsible for the scams instead of paying them at eh expense of the people.

After the All Saints' Day holidays, DoTC Secretary Antonio Abaya made an obtuse statement to the effect that the MRT fare hike he announced earlier "…must be adjusted upwards only if the railway systems service improves." This was partially an announcement that the MRT fares would no longer be increased on Jan. 13 as earlier scheduled, a step backwards for the DoTC, and an admission of the resounding victory of the arguments put forward by the campaign of various commuter crusaders who have battled to oppose and stop the MRT fare hike. The Aquino government has been pushing the MRT fare hike since day one of its administration but never presented actual MRT figures on the cost of operations to the public without exposing the scam Aquino's oligarchs-backers wrote into the original contract.

The DoTC secretary may also be reacting to this writer's article last month entitled "Lower the MRT fares" where we reported the results of research and studies made by the RILES Network (of which I am co-convenor and spokesman) with a coalition of NGOs, including Agham (a group of scientists) which found that the MRT O&M (operation and maintenance) cost per passenger is only P 9.11/trip. Agham's Giovanni Tapang used the "farebox" method, dividing the total revenues by the entire cost of O&M and found that MRT commuters are actually paying more than enough to run and maintain the MRT. Abaya is quoted saying "actual cost of transporting passengers from end to end of the railway station costs P60… the government must subsidize P45 of the cost since only P15 is collected from the passengers as fares." There are several lies there.

Abaya is reported to say, "Under the present system, a commuter pays P12 to P15 since the government shoulders P40 of the actual cost of P55." Abaya is not being accurate as the Aquino government shoulders nothing; it is the taxpayer and commuters shouldering everything. The government does not include the people, and by the way it acts it certainly never considers the people. The State is defined as including the people, but not the government. This is something our system has to clarify still. The fact is, MRT commuters paying P12 to P15 are already P5 for that subsidy, the amount over the P9.11/ passenger O&M cost. The rest the taxpayers are shouldering to pay off the guaranteed profits of the serial con artists who have sold and resold the MRT profits four times over, con men the Aquino government is shielding and protecting.

The Palace is saying "P6-MRT 3 fare hike a 'good compromise'" — so the fare hike is not off the table at all. From the very beginning of the MRT fare hike controversy I wrote that the P10 fare hike was a ploy. I told my two youngest sons who take the MRT/LRT to their respective universities every day, "The government is really aiming for a P5-fare hike, starting at P10 and scaling down to half that they hope the public will eventually, easily swallow." So, let's not be fooled. There are still other sources to raise fund without any fare hike, like reversion of revenues from ancillary business such as advertising and real estate values to the MRT operations, and changing the overpricing maintenance contractors like Sumitomo to in-house maintenance that would be cheaper.

The RILES Network will start the petition signing campaign for a "Lower the MRT fare" crusade, and will appear again at different MRT stations to commuters to sign on and ensure justice for the millions of MRT/LRT passengers. There is no compromise, if we want genuine democracy, truth and justice must prevail completely and the only rule is "The greater good for the greater number of people."

(Watch GNN's HTL show, GNN Channel 8, Saturdays, 8:15 to 9 p.m., 11:15 p.m. and Sunday 8 a.m., and over www.gnntv-asia.com: "Bangsamoro Realities" with Gov. Al Tillah and Prof. Antoinio Pangilinan; tune to 1098AM radio Tuesday To Friday 5 to 6 p.m. http://newkatipunan.blogspot.com)