The End of the Beginning

Believe in the power of one.

A Vision Far Fetched - Thinking Tools, Inc.

My laptop is one of the good ones (good price-performance I mean) in the market and it will break my heart if it fails. So I went to Thinking Tools, Main Office, Cebu City to have it checked. There, I experienced what every customer should not experience. I decided to write the owner, Wilson Tan, a missive. (see http://www.tti.com.ph/about_us.htm to find out about the company; then compare it to my experience; I encourage people to do this all the time - maybe then, the Philippines will start to become a better place).

 

11 November 2009                           

 

 

WILSON TAN

Thinking Tools, Inc.

Cebu Main Office

TTI Building, Junquera Ext.

Cor. R.R. Landon St.,

Cebu City

 

 

Dear Sir,

 

                I am a random customer of Thinking Tools, of which my previous purchase was a 1 Terabyte Buffalo Terrastation at your branch in Ayala mall - spot cash. Recently however, I have experienced a glitch on my laptop and so having established an equitable relationship at your branch at Ayala Mall, I decided to bring my laptop to your main office.

 

                During the last week of October, I went to your main shop to address my laptop’s (Acer Aspire 5920G) problem. I was assisted by Michael whose expertise identified a short-circuit on my keyboard. Convinced that it was only the keyboard that was causing my laptop not to boot, Michael and I then verbally agreed that he would order the unit and would then call or text me once he is able to make the order and inform me of the unit price. I also left him a tip to make a good impression. Neither a phone call nor a text message transpired.

 

                On Friday, 6 November 2009, I phoned Michael to inquire if we have made progress with the order. To my demise, no order was made. He also asked me to drop by at your shop and pay the unit’s cost, a punitive Php 1,050.00, before your store closes at 6pm, because he will be on leave for a week.

 

                On Saturday, 7 November 2009, at one in the afternoon, I again phoned Michael who then implied that I should be able to make my payment by 3pm. I was un-relaxed but I was able to reach your shop after 30 minutes and there decided to pay in full provided that once the unit arrives, it shall be delivered to my office. Unfortunately, I was told that your shop does not make deliveries and that I had to pick up the unit. Despite my dissatisfaction, I was still accommodating. I then made my payment at the cashier - who gave me 250 pesos worth of 5 peso coins for change - and asked when I could possibly get the unit. Her response was “Tawagi ra sir.” As I expressed my disappointment, she then told me that your shop will phone me on Monday, 9 November 2009. Again, no phone call transpired, up to now.

 

                I have never encountered a company that would mess about with people that will bring food on its table.

 

Furthermore, your shop’s practice constitutes an unfair or unconscionable sales act or practice which is not in consonance with RA 7394.

 

If it is your company’s vision to earn an excellent reputation from your customers, changes would then have to be made with the way your employees deal with your clients.

 

Best wishes,                                         

 

RICHARD TROY COLMENARES            

                Information Technology Specialist

Department of Trade and Industry 

Regional Office                                   

cc: Nelia Navarro

Provincial Director

Department of Trade and Industry - Cebu

Common Sense

Too many laws;
Too many provisions;
Why are we lost?
Why is there corruption?

 

We blame the 1987 Constitution
For the demise of our Nation
Forgetting we have toadies
In public position

 

Then we blame again the Constitution
Will we ever realize our situation?

 

It only takes the five basic senses
To see, smell, touch, taste, and hear
To realize that nothing is clear.

 

But there is even a sixth sense;
Perhaps our key to good government.

 

Perceive what’s in your surrounding
Then apply your sixth sense.
And agree that we deserve

The government we deserve.

 

DTI releases a list of basic necessities under automatic price control

ADVISORY TO ALL RETAILERS

 

 

Pursuant to Proclamation No. 1898, President Gloria Macapagal-Arroyo has declared the entire country yesterday, October 2, 2009 under a state of calamity. This is in view of the tremendous damage to lives and properties and massive displacement caused by typhoon “Ondoy” and in preparation for the impending hazards and devastations of typhoon “Peping”. With such a declaration, a price freeze* immediately takes effect for basic necessities as provided for under the Price Act or Republic Act 7581. The following commodities are declared as basic and are therefore, automatically frozen at  their prevailing price levels as of October 2, 2009 :

 

Canned fish

Processed milk – (condensed filled milk, evaporated filled milk and powdered filled milk)

Coffee

Detergent/Laundry Soap

Bread

Salt

 

With the validated reports of our price monitors, the prevailing prices indicated in

the attached sheet shall be observed by all supermarkets/groceries and wetmarkets

in the Province of Cebu.

 

Retailers are warned to observe the PRICE FREEZE in all brands of said

commodities to avoid sanctions: 

 

MAXIMUM OF 10 YEARS IMPRISONMENT AND FINE OF P 1M.

For complaints and inquiries, you may call or proceed to the nearest DTI Office in your area.

In Cebu our hotline numbers are : (032) 255-7082 local 19 for the  Cebu Provincial Office and

(032)  255-0036 for the Regional Office.

 

BE GUIDED ACCORDINGLY.

 

* Price freeze based on prevailing prices from DTI  before the declaration of State of Calamity

 

 

 

 

 

DEPARTMENT OF TRADE AND INDUSTRY REGION 7
PRICE CEILING OF BASIC NECESSITIES
EFFECTIVE OCTOBER 2, 2009
BASIC NECCESSITIES  CEBU (Wet markets) CEBU (Supermarkets)
1. CANNED SARDINES in tomato sauce, 155g    
             555                                                11.35 11.25
             Family                                       11.25 11.35
             Youngstown                                 11.75 11.05
2.  PROCESSED MILK    
     Condensed Filled    
             Alaska, 300 mL                           44.80 44.30
             Milkmaid, 305 mL                      50.40 49.90
     Evaporated Filled    
             Alaska, 370ml                              31.80 31.50
             Alpine, 370 ml                              42.80 42.40
             Angel, 410ml                                  34.15
      Powdered Filled    
              Alaska, 150g                                41.50 39.95
              Bear Brand, 150g                      49.25 49.50
              Nido Full Cream 150g                68.00 68.05
3. COFFEE (REFILL)    
              Blend 45, 25g 14.60 14.60
              Great Taste (Granules) 25g 16.60 16.60
              Nescafe, 50g                             35.00 34.95
4. DETERGENT/LAUNDRY SOAP/400-480g    
               Mr. Clean, 420g                        20.5 20.45
               Perla, 400g                               39.90 39.90
               Surf Bar Kalamansi, 420g       18.90 18.30
5. BREAD    
                  Loaf Bread, 400g   30.00
               Loaf Bread, 500g   35.00
               Pandesal, 20g   2.00
6. SALT (Iodized)    
               FIDEL, 250g 5.00 5.00
               Rock Salt, 1kg/FIDEL 1K 8.90 8.90

Silly


SILLY LITTLE BOY!

THE REAL SONA 2009

27 July 2009 is fast approaching, and we expect our President to stand before toadies as she narrates her “State of the Nation Address” with the following words:

 

We have built firewalls to protect ourselves from the global financial meltdown. We have made the tough choices. We have weathered the storm of the global downturn. Through our ingenuity we have prevailed.”  

               

Satisfied with the encouraging words of wisdom the toadies and asslickers then clap their hands together like those without discernment, the child envisioned by Kiko Pangilinan.

               

Lo and behold, the State of the Nation Address (SONA) 2009 …

 

                OCTOBER 2008

·         Can the Philippines escape the financial problems of the West? After all, with a 2007 GDP per capita of $1754 (and about the same in 2008 due to the weakening peso offsetting lower than originally predicted growth) we don’t have as far to fall as US/Europe.

·         Deputy Presidential Spokesman, Dr Anthony Golez, mentioned in the Bacolod Sun Star, Thursday 16 October, that Foreign Direct Investment ‘continue to post net flow.’

à by international standards, we do extremely badly in attracting FDIs.  The relevant statistic is to relate FDI to a country’s Gross Domestic Product (GDP).  Vietnam attracts FDIs equivalent to 3.8% of its GDP, China 3.0%, Philippines 1.7%.

Examples:

1.       We were connected to a Kuwaiti consortium which, awash with oil cash, was examining the possibility of developing Clark.  The consortium perceived that the required under-the-table payoffs would approach 50% of the total investment.  Moderate greed would have been tolerable, but this was immoderate and the consortium backed off.

2.       As it happened, another Kuwaiti consortium stepped in but the disappointed underbriber has not returned to our shores.  Our FDIs diminish.  We can attract the FDIs we need to engender growth, only if we eradicate corruption.  The corrupt, under our present conditions, can cause a serious recession.

 

                NOVEMBER 2008

·         ON EDUCATION

Rally in front of the Bacolod City Hall pushing for a P3,000 across-the-board salary increase may be the beginning of more serious teacher unrest.

NB:

1.       Our per capita investment in primary and secondary education is comfortably below what we would expect from the third world- let alone a developing country.  Our education budget of around P120 billion, is allocated with great skill amongst the 23 million Pinoys born between 1991 and 2001 (those who could be expected to be between Grade 1 and fourth year high school).  Allowing for dropouts and those in private sector education, we invest around P6,000 (US$125) per student per annum. It is amazing therefore, that we, too, can produce neurosurgeons and computer superstars as well as the United States and Singapore (each of which spends US$10,000 per student per year).

2.       Teachers are now paid less than call center operatives and approximately half the remuneration received by police officers (ten years ago teachers and cops received similar incomes, as indeed they still do in most countries.)

3.       We entrust the education of the nation’s school age children, around 20 million being registered in our public schools, to an army of around 450,000 largely unsung heroes.  Simple arithmetic confirms the anecdotal evidence of horrendously large class sizes.

·         ON JOBS

1.       According to Malacanang’s Press Secretary, Cerge Remonde, we are pointing our offspring in the wrong direction; that there are currently over one million job vacancies, but because our students have taken the wrong courses, these vacancies cannot be filled.

à Details please, Cerge. Please name the employers, with addresses and number and nature of vacancies. At a conservative average of P5, 000 per month, you are saying that P60 billion annually is being lost due to our poor education/training decisions. Are you saying that we are pushing our children to become poets when employers, Hanjin? Keppel? are seeking welders?

2.       Business process outsourcing (BPO) still has substantial potential job expansion in the Philippines. The critical factor, however, according to Jeffrey Purrit, president of Canadian BPO Telus International, is whether we have enough IT-trained and IT- certified people.

3.       Japan is experiencing an upswing in the number of unemployed. A recent addition was Finance Minister Shoichi Nakagawa who wasn’t at the top of his game at a recent meeting of the G-7 group of industrialized nations in Rome, Italy. Nakagawa attended a press conference in what appeared to be an inebriated state. While the cameras rolled, Nakagawa yawned and slurred inarticulate answers to questions. He blamed jet lag. But international ridicule and an outraged Japanese public did not agree. Resignation was the only option.

                               

·         ON CHA-CHA  (24 November 08)

Cha-Cha, catchy media shorthand for revising the Constitution, is frequently in the news. It is perhaps surprising, therefore, that the existing Constitution, ratified in 1987, still stands, unamended, over twenty years later.

Whenever Cha-Cha is mentioned, there are usually few specifics, though the populace has little difficulty in interpretation: usually the incumbent President would like to stay in office longer than one six-year term stated in the Constitution.

We encountered this in September 1997.  Suddenly, over 5 million Filipinos (none of whom known to us or any of our associates) became experts in Constitutional Law and signed a petition seeking unspecified modifications to the Charter.  The inference was drawn that President Ramos would have liked to extend his term of office beyond 30 June 1998.  This concept was met largely by indifference, the ‘clamor of the people’ mysteriously evaporated and Ramos had the delicadeza not to force the issue.

In recent years, the question of Charter Change has been raised several times, again without any changes being made.

 OBSERVATIONS

The Constitution was drafted at a time when the country’s future was in doubt, and when the President of the United States, Ronald Reagan was, apparently, lukewarm towards President Aquino in their first telephone conversation. [Unlike President elect-Obama who had a cordial, nocturnal chat with President Arroyo last week].

The Constitution was also drafted at a time of great idealism- when out of the ashes of Marcosian depredations- the possibility that a corrupt-free, egalitarian society would emerge.

It is hardly surprising, therefore, that the Constitution appears to be both idealistic and somewhat defensive.

 Example:

Art IV Sec 5 of the 1987 Constitution states: “Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.” In fact, many natural-born Filipinos, intensely patriotic in the best sense of the word, have also acquired American citizenship and, hence, an American passport.  It is difficult to see why this is inimical to the national interest.

We recall that the 2001-2004 Bacolod Mayoralty of Oca Verdeflor was impacted by this issue. The application form asked Mayoral candidates to specify their nationality to which Verdeflor truthfully answered ‘natural-born Filipino.’  But his opponents suggested that  he was not answering the  question, that he held an American passport and was therefore ineligible for the office of the Mayor.

Since then, the Dual Nationality Law has been passed.  But we don’t recall the Constitutionality of this law was ever fully debated.

Does this mean that the Constitution is becoming slowly eroded?

Drafting the Constitution

Drafters of any national Constitution, by definition, are cementing the sovereignty of their country.

When that sovereignty is fragile, either from within or without, then the tendency is for the Constitution to be somewhat defensive.

Even in America.  When the Bill of Rights, passed by the U.S. Congress in Sept 1789, as the first ten amendments to the American Constitution, the second amendment said (and still does)   “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”

There are many sections to the Philippine Constitution which seems cosmetic, which do not lead anywhere. Most of the paragraphs in the 1987 Constitution which do not appear in the 1935 Constitution are in this category.

e.g. Art II Sec 27

 “The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.”

Or Art XII Sec 1

”The goals of the national economy are a more equitable distribution of opportunities, income and wealth.”

Progress

Most would agree that as far as progress since 1986 is concerned, results have been disappointing.

The Constitution makes many observations about the harmful effects of graft and corruption.  Many believe that as far as corruption is concerned, things are worse now than during the much-maligned Marcos era.

Could it be that a Filipino, encumbered by alliances, family connections, friendships, patronage, indeed the whole process of exchanging favors through intricate networks is perhaps at a disadvantage in the equitable stewardship of a major governmental responsibility?

Is the Constitution, by specifying that all significant positions be held by ‘natural born Filipinos’ actually engendering the graft and corruption that its drafters earnestly wished to eradicate?

There is, of course, a vast difference between sovereignty-the supreme power or authority- as determined by the Constitution, and management- the day-to-day stewardship of various functions.

So it is possible for Philippine sovereignty to remain inviolable but for there to be meritocracy of Filipinos and non-Filipinos to ensure that the Constitutional visions are achieved.

International Examples

France, a country of immense national pride, does not have any “natural-born Frenchmen” in its Constitution.  After the overthrow of the French Monarchy towards the end of the 18th century, the first leader to emerge was Napoleon Bonaparte, a natural-born Corsican. And now we have as President of France, a natural-born Hungarian, Nicolas Sarkozy.

The United States of America does require its President to be born in the United States but this requirement does not extend to other vital offices.  Two recent Secretaries of State, Henry Kissinger and Madeleine Albright were born in Germany and Czechoslovakia(the Slovakia part) respectively.  Arnold Schwarzenegger, Governor of California was born in Austria and, judging by his accent, still belongs there.

The United Kingdom does not have any such problems because it never bothered to write a Constitution in the first place.  A long, continuous history without  any successful attempts on its sovereignty for the past 900 years or so has created a sense of continuity in which, legislative, judicial and executive authority has ebbed and flowed between various offices of State, its Monarchy and its Houses of Parliament (Commons and Lords).

Quo Vadis- Philippines

The 2010 elections are vital to our future.  Obama won the US Presidential election on a theme of ‘Change’.

Will the same happen here?

Possibly.

But we need to be vigilant.  Some say that Press Secretary Jesus Dureza was sending us a coded warning last week.

The Villar resignation as Senate President can be interpreted in many different ways, including that he wants to put distance between himself and Malacanang prior to a Presidential run.

Indonesia, G-20 member, is making rapid progress.  We can do the same.

                                                But do we have the will?

·         On Sugar

o   RECENT data from the regional chapter of the Confederation of Sugar Producers’ Association Inc. (CONFED) suggests that sugar production may drop by 15-20 percent compared with last year.

o   If this regional trend is repeated nationally, then this suggests that last year’s bumper production of 2.4 Metric Tonnes(2.4m MT) may be followed by an output of around 2.0 million MT this year.

o   Consequences

§  Amount of Sugar we Consume

·         difficult to quantify

·         But in 1997, it was estimated that the national sugar consumption was approximately 1.75m MT. The population then was 70 million, suggesting a per capita consumption of 25 kgs. We believe that per capita consumption has neither increased nor decreased markedly since 1997. Since the population is now 90 million, then we estimate that national consumption is around 2.25m MT.

o   International Aspects

Our burgeoning population is making food self-sufficiency problematic. We are already the world’s largest importer of rice.

 

We now have 90 million souls living on 300,000 sq km (30 million hectares) of land, including uninhabited and uninhabitable land. Our population density, therefore, is 300 people per sq km; more than double that of Thailand (140 per sq km). Thailand has an annual sugar production of around 5.5 million MT.

 

Thailand has a reasonably well-developed secondary sugar industry. For example, the international conglomerate, Kraft Foods, manufacturers in Thailand the popular powdered drink, Tang. Produced in a wide variety of flavors, all of which contain 97% sugar, it is an effective way of gaining much added value with little effort.

Despite the buoyant secondary sugar-fuelled industry in Thailand, there remains a surplus of sugar there, some of which is smuggled here.

 

When the world market price is only around US$0.12 per pound (P700 per 50 kg bag) compared with an internal Philippine price of around P1,000 per sack; when we have a tariff of 38 percent; when Philippine domestic demand usually exceeds domestic supply, then it is difficult for some to resist the temptation to smuggle sugar into our archipelagic country with its many remote beaches and some allegedly bribable officials.

 

The question of disparity between our own price and the world market price needs examination. The disparity varies, but the current level where the world market price is 30 percent less than our domestic price is not untypical.

 

Pricing difficulties can occur, particularly with the sometimes extremely high retail prices. In November 2007, for example, the world market price was around P12 per kg but the retail price in the Philippines was P40. This difference meant that Pinoys were paying more for sugar in supermarkets than Americans earning an average, 20 times as much.

 

It should not be beyond the capability of our government to ensure fair play to the 90 million consumers as well as those in the industry.

·         Asean

In 1995, the Association of South East Asian Nations (ASEAN) reached a general agreement that by 2007, there would be no tariffs on any goods between member states. Some years later, the Philippines negotiated to extend its tariff on sugar until 2010. Now there are observations by Senator Mar Roxas and others that the Philippines should renegotiate to extend its 38 percent sugar tariff to beyond 2010.

 

If the Asean is to be more than a talking shop (and there are mutterings from some member states that it is close to being just that - a talking shop), then there comes a time when all members have to accept the implementation of free trade. This time is maybe now.

 

At a marketing conference at the University of St La Salle, Bacolod on October 8-9, Lito Coscoluella, head of the Sugar Regulatory Authority (SRA) addressed the issue of cheap sugar imports from 2010. The main theme of his presentation was that improved competitiveness is the way forward.

Is this a subtle signal that the government accepts the current Asean agreement that the tariff will be the 0-5 percent range from 2010?

DECEMEBER 2008

·         PDEA claimed that the DOJ dismissal of the Alabang Boys’ charges was because `P50 million changed hands.’

·         GASOLINE

Since fuel prices are necessarily closely related to world oil prices, it is understandable that vehicle owners pay fairly similar prices, subject to caveat of government taxation. A substantial caveat. Europeans have traditionally paid more fuel tax than Americans. The American Dream is predicated on many factors, of which the mobility associated with cheap fuel is an important one. So when oil prices peaked at $147 per barrel earlier this year with a consequential fuel cost of $4 per gallon, Americans were horrified. But $4 per gallon is equivalent to only P48 per liter. We peaked at P61.82 per liter. It is typical for us to have to pay 25% more for our fuel than Americans.

·         SUGAR

Retail sugar prices in most parts of the world are, unsurprisingly, related to the world sugar market price, currently about $0.12 per lb (P12 per kg).  But not here.  Our retail sugar price which is higher than most countries is now P30.75 per kg, 2.5 times the world market price. Clearly, our sugar industry is important to Philippine economy, although it contributes comfortably less than 1% of our GDP. But, bearing in mind the importance of sugar’s calorific value to population’s diet, we wonder whether, it is appropriate for our sugar to be so expensive.

·         Electricity

Electricity is another essential which consumes up to 20-25% of wage earners’ incomes. The electricity metric is that an employee earning P6,000 per month has to work for about 10 minutes to pay for a kilowatt hour of electricity. His American counterpart can pay for 30 KWH in the same time.  So the degree of difficulty ration is 30:1 against the Pinoy. If he has the misfortune to live in Iloilo, the ratio climbs to an unconscionable 70:1.

·         CORRUPTION
                Transparency International recently released its 2008 corruption perception index. 180 countries were surveyed. The Philippines was ranked 141st.
                We are in bad company. Yemen, Cameroon and Charter member of George W. Bush’s Axis of Evil, Iran share the same slot as ourselves. Below us, but not by much are failed states (Zimbabwe) and war-zones(Afghanistan, Iraq, Somalia). Indonesia, which we never regarded as squeaky clean is 15 countries higher than us at 126th. Until this year, we were regarded, rightly, to be cleaner than our archipelagic neighbour. But Indonesia’s President SBY is making a difference.

The link between corruption and poverty is as strong as the link between smoking and lung cancer. NO poor country is even approaching cleanliness: there is no such thing as a poor but well-managed country.

                Corruption reduces Foreign Direct Investment which in turn reduces job creation, thereby making it more difficult for the poor to become less poor.
                In 2000 the United Nations passed a resolution to eradicate poverty by 2015- this was one of the US eight millennium goals. This September, President Aroyo spoke at the UN’s General Assembly to confirm that we would achieve the poverty eradication goal on time. We also recall that in 2004 the President stated  that we would eradicate corruption by 2007.

 How do we react on this depressing data on our corruption level compared to other countries? Should we be in denial, as our government officials seem to be. Should we engaged in banal sophistries: ‘perception is not the same as reality’ that we hear from some of our elected representatives or our unelected mandarins? We don’t think so. Transparency International’s methodology has been consistent for many years. There is no obvious bias for or against any country. The relative rankings of various countries is compatible with our own experiences and anecdotal evidence- both within and outside the Philippines. Of particular relevance is the perception which we find is held by the majority of the Pinoys, that corruption is become worse year by year. More blatant, less subtle.

 Although Romulo Neri’s testimony at the Senate’s NBN hearing was less complete than many would like, his alleged instruction to Jun Lozada ‘moderate their greedhas become significant and risible addition to corruption lexicon. It is highly revealing. Neri was saying that 20% ‘greases money’ constituted moderate greed and was, therefore, acceptable. (In reality, of course, 0% is the only acceptable level.) In contrast in Pakistan, when the late Benazir Bhutto was President, her husband Asif Abdul Zardari was sneeringly referred to as Mr 10%. Now the widower Zardari is the President. Time will tell whether the Pakistan will become more or less corrupt.
                We mentioned blatancy. This takes many forms. One aspect is that when items in common use are being contracted and paid for through government agencies, the prices being paid sometimes seem higher than what the average walk-in punter has to pay. If there is hocus pocus, in a government contract, then presumably this requires the collusion of the supplier who prepares inflated invoices.

Last year, Bacolod City working with DSWD paid according to the Panay News, P664,000 for four Nuga Best orthopedic beds for the elderly. Since the full retail price for one bed is only P135,00, there is possibility of overpricing.

Over the years, we have had good experiences with local suppliers marketing computer equipment. In this regard, we give unsolicited praise to MF Computer Solution, Jegabytes, and IECC. Prices are negotiable, substantial discounts maybe obtained in this highly competitive market, and energetic, capable staff work well to ensure that the customer obtains maximum benefits from his computer installation. So we were somewhat disappointed to find that some computers supplied to schools last year appeared to be less cost-beneficial than our own configuration.

As we recall, there was some public finger-pointing between Dep Ed officials and Bacolod’s elected representative Rep Monico Puentevella. but we are not aware of the outcome.

 Possible overprice of small items is depressing. It makes one wonder what happens in major road-building projects, for example.

 

JAN 2009

·         From a personal realm, I state this; I am a mother who is bothered by an alleged conspiracy to let loose on the streets anew pushers of illegal drugs. What if they lurk on my street? We cannot overstate the reminders from our anti-drug agencies that illegal drugs wreck lives.’ àThe self-proclaimed anti-drug czar [sic]

o   Recall the war on drugs reached a peak in 2003. Senior Supt Vicente Pontreras and ably supported by Senior Inspectors Bonifer Gotas and Jonathan Lorilla and others were making life uncomfortable for drug pushers. Unfortunately, the troubling Salabas case occurred at the same time and the aforementioned officers are now fugitives.

o   Justice Secretary Raul Gonzalez seems perturbed by PDEA officials. They (PDEA) started this hullabaloo”does not constitute prima facie evidence of wrongdoing. Is the Justice Secretary expressing the view that the Alabang Boys’ case should never have entered the public domain? We hope not.

 

To be fair, the Justice Secretary may feel conflicted between the desire to protect the performance of his own Department and the wider- ranging issues that will be discussed in Cabinet.

·         Our unemployment data is obtained from the Labor Force Survey undertaken by the National Statistics Office. The results of this survey showed that there are 37.1 million persons in the labor force, of whom 34.5 million are currently employed. à 2.6 million unemployed

·         NSO and Labor Secretary Marianito Roque did not say, but erstwhile Budget Secretary Benjamin E. Diokno did, is that 6 million of the employed 34.5 million are “underemployed”. Semantics aside, it is clear that we are already in a soft labor market.

·         Old airports serving Bacolod and Iloilo have recently been closed. The site of Iloilo’s old airport at Mandurriao, consisting of 54 hectares, was auctioned. The astutely successful bidder, Megaworld Corp., obtained this strategically located commercial site for P1.09 billion (P2, 000 per sq. meter). Hundreds of jobs have been created from its development.

·         It is vital for local employment that something useful be done with the 37 ha site of the old Bacolod airport. Jointly owned by the government (20 ha) and Lucio Tan (17 ha), the time has come for the ‘greatest good for the greatest number’ criterion to be applied.

·         the number of call center jobs in Bacolod has grown from zero in 2005 to 5,000 to-day

·         Contributing to job creation woes is our endemic corruption. This causes our Foreign Direct Investments (FDIs) to remain stubbornly below 1% of GDP. We could expect FDIs to be treble this amount (3%) if we were a crocodile-free zone. The effects are cumulative. Over the years, therefore, millions of jobs have not been created due to our dysfunctional governance.

 

The World Bank put a moratorium on infrastructure projects early last year and we continue to fail to obtain Millennium Challenge Corporation (MCC) funding, due to the government’s inability to demonstrate leadership in good governance, particularly in combating corruption. Foreign Secretary Alberto Romulo’s anodyne silliness about ‘misperceptions’ will not impress current MCC Board Chairman US Secretary Condoleezza Rice who needs to see tangible improvements.

·         REMITTANCES (data by Central Bank)

o   Remittances are equivalent to approximately 10% of the nation’s Gross Domestic Product

o   Approximately 9 million individuals send money to our shores.

o   More than half the remittances come from America [$8.2 billion out of a total of $14.4 billion in 2007].

o   Who remits the most?

The centuries-old maritime tradition of ensuring that a sailor’s family is being provided for when the bread-winner is on the high seas is alive and well. The employers of 270,000 sea-based Filipinos facilitate the transfer of an average of $8,000 per seafarer annually. This is by far the largest per capita amount of any grouping of remitters. In contrast, 4.6 million American and European based remitters send an average of $2,500. The 3.4 million Middle East and Asian-based remitters send an average of $1,000.

o   Are the official statistics accurate?

No. The good news is that the total remittances are significantly higher than the data provided by the Bangko Sentral ng Pilipinas. Substantial finds enter the country without involving the banking system, thereby not attracting the attention of the Central Bank. In 2005, the World Bank hypothesized that an additional 50% of remittances arrived by informal means. We believe this may account for the apparently relatively low remittances coming from a large number of people based in Asia and the Middle East.

The not-so-good news is that informal remittances may be a declining proportion of the total, due to improved efficacy of the international banking system, in particular the rapid expansion of electronic funds transfer mechanism.

GROWTH

We have enjoyed double-digit growth in remittances for the past few years. The global downturn will have an adverse effect on growth rates by authoritative estimates suggest that the 2009 remittances will nevertheless be 6-8% higher, therefore $1 billion higher, than those for 2008. We hope so, but our calculations are not reassuring. The first aspect is that global trade is severely imperiled by the economic situation. Suddenly, there is an excess of sea-freight carrying capacity which has resulted in serious revenue losses. In 2007, a 40 foot container transported across the Pacific Ocean (Hong Kong to San Francisco) attracted freight charges of $2,500. Now, due to excess capacity, the freight charge is only $800. It is difficult to see how earnings by, and therefore remittances from, sea-based Filipinos can rise appreciably under these adverse circumstances.

Remittances from the United States which, as mentioned earlier, includes those people who may never return, are also problematic. At a personal level ‘handout fatigue’ may become widespread. The Philippine culture of entitlement is now irritating American-based cousins who have seen the value of their savings for pensions halved and their job security eroded.

                FEBRUARY 2009

·         FINANCIAL MELTDOWN

Obama inherits a trillion dollar problem associated with losses in the financial services industry

o   To those who cling to power through corruption and deceit and silencing dissent, know that you are on the wrong side of history; but we will extend a hand if you are willing to unclenched your fist.”Barack Obama

·         Arroyo gave a speech at the World Economic Forum, Davos, Switzerland. The speech has two main thrusts. Firstly, she stated that it was imperative that President Obama puts forward an economic stimulus package as soon as possible. Secondly, she said that the current grouping of the G-20, consisting of twenty key countries, responsible for much of the world’s economy, should be expanded to become the G-30.

o   President Obama, who was inaugurated only two weeks before President Arroyo’s Davos speech, has indeed, produced a stimulus package amounting to US$787 billion. à but not due to Arroyo’s Davos speech

o   US State Department does not consider President Arroyo as successful in reducing corruption in the Philippines.

o   President Arroyo’s suggestion of expanding the G-20 to become the G-30 has not been taken up.

o   President ‘SBY’ of Indonesia is awarded a place in this important group, presumably due to his early progress in reducing corruption in Indonesia

o   At the International Level

Gordon Brown is calling for a sweeping new global regulatory framework, an overhaul of the global financial institutions and a drive for a new, green, globalized economy. Obama not completely seeing eye-to-eye with Brown; perhaps due to the American Mid-West’s dependence on General Motors, Ford, Chrysler, and numerous satellite companies manufacturing automobile parts, which has already suffered greatly.

o   At the National Level

East and South East Asia’s economies are now largely independent of those from the United States and Europe. Not the reality. For example:

o   We are having setbacks. The downsizing of electronics companies Intel and Texas Instruments together with the departure of Federal Express produce job losses which cannot be overcome.

NB: Over the past few weeks, forecasts predicting remittances have become steadily more pessimistic. We agree. 2009 remittances will not exceed those for 2008.

·         President appointed herself a month or so ago as the anti-drug czar where there was widespread criticism.

o   Senator Francis Escudero made snide remarks about `micromanagement’.

o   Perhaps the most serious criticism of the Arroyo Presidency which is made now and which will appear in school history books in the decades to come, is the failure of the administration to control corruption (a 2004 electoral promise, sadly unfulfilled, was to `eliminate’ corruption by 2007).

o   What about the Alabang Boys case?

o   Without the theatrics of the House hearings, the fact-finding committee interviewed, without fuss, 37 people in 10 days, then submitted its report to Ms Arroyo on 12 March. As a result of this report, the czar ordered:

1.       Set aside the prosecutors’ resolution dropping the case vs Brodett, Joseph, Tecson.

2.       DOJ to charge Alabang Boys in court.

3.       PDEA to conduct an administrative investigation of its agents who allegedly manhandled Brodett during the buy-bust operation on 30 September 2008.

4.       Presidential Anti-Graft commission (PAGC) to file an administrative case against Chief State Prosecutor Zuno and State Prosecutor Kimpo for negligence.

5.       PAGC to file administrative charges against Prosecutor Resado for bribery.

In addition, Muntinlupa Rep Rufino Biazon criticized the NBI who had cleared justice officials and prosecutors of bribery.

·         SSS has assets of approximately P230 billion. There are 28 million members, so we are talking about an average of only P8, 000 per member to cover pensions, loans etc. Furthermore, SSS is sitting on a demographic time-bomb. At present, not many members are of pensionable age but this will not always be the case. We all get older.    

o   The President was seeking P330 billion for unspecified and off-budget projects. Romulo Neri, SSS President and CEO immediately offered P12.5 billion as SSS’s contribution.

o   ‘Not so fast. Our funds are subject to rules specified by Republic Act 8282!’ says Corazon dela Paz, Romulo Neri’s predecessor.

o   SSS can invest up to 30% of its reserve fund in infrastructure provided that projects are fully guaranteed by the government, and the loans have ‘favorable’ interest rates.

o   NBN Revisited

Huh! Well, the very same Romulo Neri, when Chairman of the National Economic Development Authority(NEDA), claimed that an investment of $329 million – the bid submitted by Zhong-Zhen Telecommunications and equipment(ZTE)- in the NBN project would produce an annual rate of return of 29.6%. WOW! That means guaranteed benefits over $90 million annually!

 

We recognize that Neri was doing his sums under a regime which was extremely favorably disposed towards the project, even though this would add another P15 billion to the country’s indebtedness of over P4trillion (doubled since 2001). We also realize that Neri is a good soldier who knows what results he should produce.

 

P15 billion is too much for the SSS budget, surely? Yes, but we recall, though, that $329 million (P15 billion) was the highest bid for the project. Then there was the bid of $242 million from Amsterdam Holdings, put forward by Joey de Venecia. He admitted that his bid was padded to accommodate moderate greed. Lest we forget. Joey’s was not the lowest bid. This was submitted by an American entity, Arescom, which offered to do the specified project for $145 million. This covered the cost of the project plus, presumably, reasonable profits for Arescom.  But no room for ‘commissions’. It is illegal under American law, though perhaps not Chinese or Korean laws, to be involved in hocus pocus anywhere in the world.

 

At the time, US Ambassador Kristie Kenny wrote to Foreign Affairs Secretary Alberto Romulo bemoaning the lack of transparency in the bidding process. No doubt, as with the recent World Bank missives, no substantive reply was forthcoming.

 

Given that the American bid was not unrealistic, it seems that a reasonable NBN network could be installed for around P7 billion.

 

We also believe that the project can be implemented by Filipino entities. Significant job creation would be apparent both during and after project implementation.

 

Enormous benefits would be obtained-some quantifiable and some inherently qualitative in nature. For example, full implementation of NBN provides opportunities for much better learning materials to be delivered on- line to students at all educational levels.

 

One caveat, however. There must be no collusion, commissions or other corrupt practices. Our economic condition is too dire.

 

Unrealistic?

 

No. Funds will be disbursed directly to the contractor.

MARCH 2009

·         CHEd has recently withdrawn its proposal to have a five year college education program.

NB:

1.       The unfairness of a classroom teacher earning perhaps P150, 000 per year when the fees paid for the students in the classroom comfortably exceed P1, 000,000 should be addressed. We believe that a minimum of 30% of total tuition fees should be allocated to classroom teachers’ emoluments.  Some private schools have an excess of non-teaching faculty whose alleged supervisory role is of little or no value.

2.       Juan Miguel Luz, head of policy research, National Institute of Policy Studies and a former undersecretary, Department of Education draws attention to poor quality textbooks. He mentions the Book Publishing Industry Development Act, 1995, under which textbook development for public schools was a government monopoly under the Textbook Board Secretariat (now the Instructional Materials Council Secretariat or IMCS). Due to incompetence and/or corruption, IMCS is unable to exert control over the management of textbook content evaluation.

·         Beware the Ides of April

The Securities and Exchange Commission was created to bolster confidence in financial markets and root out fraud; Commission to make early discoveries of any financial malfeasance; SEC to make proposals seeking reforms when it becomes apparent that the existing apparatus is dysfunctional à pertains not only to RP but also US

 

What the Americans did:

1.       fired the SEC Chairman, Christopher Cox who had a three year stint (2005-2008) à replaced by Mary Schapiro

2.       She cancelled the rule requiring staff to obtain approval from the SEC Commissioners before investigating and resolving cases. This recognizes a feature of oversight organizations worldwide; that many of the foot soldiers operate with energy, drive and integrity which is not always shown by their `superiors’

3.       To find more effective ways of dealing with whistleblower information

NB: Schapiro has wasted no time filing charges against Allan Stanford for an allegedly fraudulent $8 billion investment scheme.

 

                                OMBUDSMAN

Some years ago, the European Union paid generous emoluments to Tony Kwok who had recently retired as Director of Hong Kong’s Independent Commission Against Corruption (ICAC). Kwok’s task was to help the Ombudsman set up a vigorous anti-corruption operation in the Philippines. This activity was mentioned by the President in her State of the Nation Address (SONA) in 2004.

 

Approximately year ago, British Ambassador Peter Beckingham wrote plaintively that he hoped Kwok’s work would not `wither on the vine.’

 

Apart from low-level cases, the Ombudsman is an efficient `black hole’ in which useful data alleging prima facie hocus pocus disappears, never to see the light of day again. Even low-level cases can get the `black hole’ treatment. Whatever happened to the investigations of allegations of Bacolod’s overpriced school computers?

 

CONFIDENCE IN THE FINANCIAL SERVICES INDUSTRY

Put your appeal in writing and we shall consider it’ is the lop-sided situation that the customer faces.

 

 We need a paradigm shift. Conflict resolution should take place on a level playing field, not an arena controlled by the financial institution.

 

In theory, Bangko Sentral ng Pilipinas could offer the level playing-field arena, but in common with other oversight entities in the Philippines, it is not up to the task.

We therefore suggest the need for a Financial Services Agency and hope that legislation will be enacted to ensure that customers of financial services institutions are treated fairly.

 

LEGACY GROUP

The recent Legacy Group disaster has unearthed horror stories. `Come back in 120 days’ time’ was the supercilious, disdainful response to those who wished to make legitimate withdrawals.

 

PDIC’s Jose Nograles counsels us to beware of institutions which offer high rates of interest to depositors. We agree. We trust, however, that those who have suffered at the hands of the Legacy Group received prompt and efficient payments from PDIC.

 

UNRELAXED

 Banks pretend not to realize just how unrelaxed depositors have become due to national and international debacles. Our experience is that local bank staff does a good job but their efforts are insufficiently supported by head office mandarins.

 

 A new bank, Sterling Bank, has in the past, spoken reassuringly about relying on organic growth as being the main platform of its development. But recent press releases talk about acquiring possibly toxic assets which the Royal Bank of Scotland is trying to sell in Asia. Customer inquiries on this matter to Sterling Bank’s head office are ignored.

 

What does Jose Nograles suggest depositors should do in order to protect their interests? And, incidentally, the interests of PDIC which does not have a bottomless pit of funds to pay out under its scheme if a major Philippine bank defaulted on its obligations.

 

POVERTY ERADICATION

 Much of the foregoing is indirectly related to the injustice and cruelty of poverty. The Legacy Group was an operation in which poor people entrusted their money to rich people who abused that trust.

 

The World Bank has recently released a book: `Moving Out of Poverty: Success from Bottom Up’ written by Deepa Narayan, Lant Pritchett and Sounya Kapoor. In this book, which is not confidential so we can act upon it, the World Bank calls on governments to ensure that local democracies serve their constituents and are free from corruption. `Well-functioning local democracies can help people move out of poverty. Government at the local level all too often turns into a zero-sum contest for spoils.

 

Corruption is pervasive, creating opportunities for some and barriers for others.

 

Let us ensure that in 2010, the tradpols go the way of the dinosaurs.

·         Extreme sensitivity about the Visiting Forces Agreement (VFA) with the United States

 

APRIL 2009

·         COPS IN HOT WATERS

·         Armed Forces and Police Savings and Loan Association Inc (AFPSLAI)

Salary checks pouring in and disappearing AFPSLAI comprises 25% of Legacy’s business à Mar Roxas onto Legacy Group.

·         Recall doubling cops’ salaries in 2003

o   cops discovers housewives selling 0.03 gram shabu sachets through buy bust à but, afraidto catch drug lords in Bacolod à Katrina Halili had more sense to evade the controversy (alleged supplier of Kho’s drugs)

·         Unemployment Benefits

A recent cabinet meeting decided to provide unemployment benefits to 200,000 laid off workers. Ralph Recto, Secretary of the National Economic Development Administration (NEDA) mentioned that the redundant workers would receive P5, 000 or P10, 000 per month for the following six months.

 

According to NEDA, SSS pays. SSS President Romulo Neri who, closely supervised by the incumbent SSS Directorate and management, has proved, after a shaky start when he mistakenly agreed to provide P12.5 billion to the Government for an alleged ‘stimulus package’, has proved to be an excellent OJT student. As such, he declines NEDA’s kind invitation to relieve SSS of the burden of administering P6-12 billion. His response is not unreasonable since providing unemployment benefits does not feature in Republic Act 8282 which determines the legitimate range of SSS activity.

 

In the light of this situation, we believe that Judy Ann Miranda, secretary- general of the Partido ng Manggagawa is rather harsh when she says `SSS stands for cruelty and cold-heartedness’

·         Extradition

The Department of Justice is currently seeking the extradition of former Senior Supt Michael Ray Aquino who is accused of involvement in the murder of ‘Bubby’ Dacer and his driver Emmanuel Corbito in November 2000. The extradition hearing is being held in the US District Court, Newark, New Jersey; Judge Esther Salas presiding.

·         Finance Secretary Margarito Teves attended the World Bank-International Monetary Fund Meeting in Washington DC. At the sidelines of this meeting, he met officials of the Millennium Challenge Corporation (MCC). His purpose was to convince the MCC to approve the country’s compact proposal by the end of this year.

·         Chi Tsao branded the Philippines as ‘a nation of servants.’

·         President’s Birthday (5 April) à ON UNITY

Unity, the recognition that we should join forces with each other to achieve common goals, was the theme of the President’s birthday wish (5 April).

 

The Reality

One of the Millennium goals set in 2000 was to reduce poverty by 50% by 2015. We are already two- thirds of the way through this 15 year period and unless we are able to bring about an extraordinary change in income distribution during the next six years, we shall fail, by a large margin, to achieve the poverty-related Millennium goal.

 

Much is made, absolutely correctly, about the relationship between corruption and disunity. All corruption is founded on ascendancy- that a person, at his own behest, can provide or withhold a benefit to another. This, of course, is repugnant and the fact that our society has become, during this decade, one of the most corrupt countries in the world (141st out of 172 countries surveyed by Transparency International) is reflected by our disunity.

The World Bank has recently spoken of corruption as `zero-sum’ – that the powerful gain by as much as the weak lose. If this interpretation of the World Bank view is correct, then we believe the Bank is mistaken.

In a corrupt society such as ours, the weak (which means nearly all of us) collectively lose more than the powerful gain. Hence, all corrupt societies are poor. The converse also applies, that all poor societies are corrupt.

We can, therefore, reduce our disunity by successfully fighting corruption. The Ombudsman, the Banko Sentral ng Pilipinas and Securities and Exchange Commission all have corruption prevention as an important part of their designated functions. As events in recent weeks have shown, all these entities have spectacularly failed to effectively address corruption within their spheres of responsibility.

What is particularly galling is that it often takes an external agency to explain the problems of corruption in the Philippines.  The World Bank’s Bert Hofman is owed a debt of gratitude by us all for diplomatically explaining aspects that should have been addressed long ago by the otiose Ombudsman (OO) and DPWH.

There needs to be a radical reallocation of funding for corruption prevention activities. The existence of the OO is enshrined in the Constitution but the inadequate apparatus for which OO is responsible is not. Therefore, to reduce its budget by P1billion would not have a significant impact on the effectiveness of its corruption prevention activities (since it is ineffective anyway).

 

Lest you think I am being too hard at the Ombudsman’s efforts, its ineffectiveness is not always due to its own inadequacy. Pelagio Apostol, who leads the Ombudsman’s work in the Visayas, had completed an analysis of the cost of illuminating some streets in Cebu. Allegations of overprice were being made. The irreverent ones even made the outrageous suggestion that P355, 000 is a tad high for a lamppost. Presumably, Mr Apostol’s work was underpinned by some brave, unsung heroes who provided important data.

But Mr Apostol’s good work seems to have come to a screeching halt and his definitive conclusions have been sidelined.

The issue of alleged overprice of the contract has not been properly addressed.

We are all dissatisfied.

Disunity prevails!

People are dissatisfied. Disunity prevails.

                MAY 2009

·         Ombudsman’s Department in Cebu assembled case against a number of local officials and regional DPWH executives on the alleged overpricing on 1,800 lampposts installed in Mandaue, Cebu and Lapu-Lapu cities for the 12th ASEAN Summit in January 2007. These lampposts cost P365 million of public funds. [approximately P200,000 per lamppost]

NB:

1.       The MCC is a US government organization established to work with developing countries to push good governance as a way of promoting sustainable growth. A compact is a multi-year agreement between MCC and a qualified country to fund specific programs aimed at reducing poverty and stimulating economic growth.

2.       Last December, MCC CEO John Danilovich stated that the MCC’s Board of Directors had deferred the approval of the Philippines’ compact proposal until it meets the MCC’s criteria on corruption

3.       Instead of being prickly and defensive about corruption, it is pleasing that Sec Teves recognizes that we still have to address the problem. This is the attitude from which progress may be made. The stakes are high. Sec Teves has said that the government has proposed to the MCC several development projects which are estimated to cost at least $700m [P34b].  The thrusts of these projects are to improve rural infrastructure and secondary national roads. The employment-generation and multiplier effect consequences of these projects are obvious and substantial.

·         AIG, AIA, Philamlife

o   AIGs Bankruptcy

American taxpayer has spent over $1 trillion ($180 billion to AIG alone) to bail out various financial institutions.

o   Ramifications on the Philippines

§  Philamlife is now ‘folded into’ AIA, the Hong Kong-based subsidiary of AIG. Also as a result of AIG’s demise as a private sector enterprise, was the decision to try to sell Philamlife.  This did not eventuate. à The bid from the Sys’ Generali and others did not meet AIG/AIA’s expectations. ‘We are not selling Philamlife at fire-sale prices’ said Mark Wilson, AIA’s CEO.

 

How much Philamlife is actually worth?

“I wouldn’t offer P1 billion let alone $1 billion (AIG’s original asking price for Philamlife in September 2008),” Winston Garcia.

·         On Corruption

According to Transparency International, the Philippines is ranked 141st in the corruption league table whereas Hong Kong (a Special Administrative Region of the People’s Republic of China) is 18th.  This means that there is deemed to be 122 countries around the planet which are dirtier than Hong Kong but cleaner than the Philippines. Why? à Partly. The ICAC’s powers have a substantial deterrent effect so that the culture of impunity that we have here does not prevail there.

·         TAXATION

The perennial problem for the Finance Department is to obtain sufficient revenue to meet expenditures. This problem is particularly acute in an election year when legislators, many of whom are seeking re-election, are reluctant to introduce tax legislation which increases voters’ tax burdens. This year is no exception.

The Finance Department has endorsed to Congress several bills. These include:-

(1)    The restructuring of excise taxes on alcohol and tobacco [predicted yield:P20b]

(2)    The rationalization of fiscal incentives[Predicted savings:P10b]

(3)    A simplified net income taxation scheme[Predicted yield:P12b]

These bills are not likely to be approved by Congress without modifications which will reduce yields.

In addition, we have lower collections due to the economic downturn and foregone revenues arising from tax relief laws. Economic conditions, particularly easing inflation (9.3% in 2008, 2.5%-4.5% in 2009, according to BSP), also challenge revenue acquisition.

BIR reports that only VAT collections are growing relative to 2008. Other collections from income and excise taxes are contracting. To summarize: In the first quarter 0f 2009, BIR collected P154.8b. This is P10.5b short of its target and P11.8b less than the first quarter of 2008.

·         OIL SMUGGLING

Value-added and excise taxes together with customs duties are levied on imported oil products. Since 1997, there has been a steady decline of the volume of oil imports on which taxes are paid. In 1997, the official imports were 303,000 barrels per day (bpd), declining to 264,900 bpd in 2008.

 

In reality, of course, the sum of official and unofficial oil imports is rising due to our growth [economist suggest that a 1% growth in GDP, under current conditions, means a 1.5% increase in oil consumption]. Hence the amount of unofficial oil imports is increasing dramatically.

 

According to Sally C Monteiro, executive director of the Philippine Institute of Petroleum (PIP), over the past three years, the government failed to collect P93.3b in revenues (P28.7b in 2006, P32b in 2007 and P32.6b in 2008) due to oil imports that were not officially accounted for.

 

In response to observations about oil smuggling, the Bureau of Customs complains that a lack of resources results in its inability to prevent smuggling and associated nefariousness such as non-filing of entry documents, and misdeclaring/undervaluing oil importation.

 

Little wonder, therefore, that we are a highly taxed nation, yet our infrastructure and implementation of the government programs is so inadequate.

·         FOREIGN DIRECT INVESTMENTS (FDI)

As soon as the President sallies forth beyond what Pagasa endearingly calls the ‘Philippine area of responsibility,’ Press Secretary Cerge Remonde uses all communication channels to claim that multi-billion dollar infrastructure projects are coming our way as a result of the President’s initiatives when meeting dignitaries of foreign lands - particularly the Middle East.

 

We wish these investments eventuate, but visits to foreign lands often result in mutual exchanges of honeyed words but no subsequent action.

 

In fact, FDI fell by 82% in February 2009 compared to the year before [$90m in 2008, $16m in 2009].

 

Although the BSP is, at least in public, optimistic regarding future investments, the lack of FDI is one of the critical factors affecting our growth.

·         POLITICAL PARTIES

Never has our political party environment been so fragmented. The Toadies relentlessly and boringly talk about a Kampi/Lickass merger being a ‘done deal.’ To this cynical bystander, a done deal is when the President and Joe de Venecia, hand-in-hand at EDSA, proclaim such as arrangement. A grateful nation rejoices. ‘Thank you, Ma’am. Thank you, Sir. The stability and security of our country is assured.’

 

Hardly. Politicians, normally nature’s pragmatists, seem not to have forgotten or forgiven the President’s shabby treatment of de Venecia last year.

 

From Christmas night 1997, when GMA, seemingly as a supplicant, visited J de V’s home, seeking to be his Vice-Presidential running mate, we have seen a continuous volley of slings and arrows of outrageous fortune, from the bizarre but generally unhappy events which do so much to engender chronic political instability. There must be many who believe that a helpful Constitutional change would be, as the Americans do, to elect the President and Vice-President as a package.

 

But if the existing political parties wither, new ones will form. We are seeing this. Manny Villar’s Nacionalista Party and Mar Roxas’ Liberal Party are but two examples. Other political groupings will coalesce around other Presidential candidates.

                JUNE 2009

·         Devanadera named Justice head and his inheritance

o   Possible Reasons

§  Cerge tried to keep it simple by saying it was only a matter of Anno Domini taking its toll on Raul.

§  Others wondered whether I was annoyed that PNP/NBI/DOJ, between them, couldn’t have kept Failon the hook for longer.

§  Lacson had some convoluted theory that Raul’s transfer was to do with the Dacer-Corbito case.

o   Drug related

§  See to it that there are no blockages in the Alabang Boys case

§  Eleuterio Salabas case in 2003. Verzosa claims that his men have been victimized by the creative affidavit of Cecille ‘Giant” Brillantes. A substantial number of senior police officers were forced to become fugitives (or be jailed) as a result of Brillantes’ brilliant affidavit.

o   PDIC

§  Punters are claiming that they’ve lost P14b due to Legacy Group shenanigans. Even if half the claims are bogus, that still means PDIC may need to pay up to P7b – which it doesn’t have.

§  So far, PDIC has been raising the bar in terms of what depositorshave to do in order to establish a valid claim.

NB:

1.       Note that we have increased the amount depositors are insured by PDIC from P250, 000 to P500, 000;

2.       Based on PDIC’s charter, deposit insurance claims must meet two basic requirements to be proven valid: the deposits should be recorded in the bank’s records and there should be evidence of cash flow.

But, falsifying documents was Legacy Group’s stock-in-trade. Legitimate depositors could unknowingly be pouring money into accounts which, despite appearances to the contrary, were never part of Legacy Group’s records.

·         Balikatan Mess hits the Fan

In December 2006 Judge Pozon had, despite overwhelming evidence to the contrary, found Smith guilty of raping Nicole. Then, in a piece of grotesque theater, at Pozon’s investigation, but contrary to the Visiting Forces Agreement, Smith was carted off to Makati jail. It required all of Romulo’s and Kenney’s diplomatic skills (transfer of Smith to US Embassy and Balikatan 2007 to take place, albeit in an abbreviated form) to establish any kind of normal RP/US relations.

 

Last month Lt. Gen Victor Ibrado, AFP Chief, expressed dismay saying that Gadian ‘blown out of proportion’ an alleged anomaly in the media.

 

15 May, Brawner explained that the P46 million did not come from the United States Government.

 

Then United States Defense Secretary Robert Gates comes and gives our counterpart Gilbert ‘Gibo’ Teodoro a hard time ‘You’re gonna get to the bottom of this.’

·         Lakas - Kampi - CMD Merger

launched on Thursday 28 May in the Manila Hotel was underwhelming. The heavy hitters J de V (resigned) and Lakas founder and Chairman Emeritus FVR (quarantined) were conspicuously absent. So was Senator Richard Gordon.

Uninspirational Address of GMA

                (a) the constitutionally mandated 2010 elections would take place.

                (b) Lakas-Kampi-CMD would be a powerful political party.

                (c) NGOs should not sleep with the NPA.

The next morning, 29 May, Joe de Venecia was interviewed by Anthony Taberna on ABS-CBN. Despite relentlessly discourteous telephonic interruptions from Gabriel Claudio, J de V managed to convey that he is forming a group which recognizes that the interrelated issues of poverty and corruption are at the top of the list of problems that must be solved.

·         Winston Garcia, GSIS president and general manager stated that P30B in unpaid premiums from various government agencies and units are hampering the GSIS operations as well as its ability to pay out benefits

o   This is an intolerable, untenable situation. But government employees, even in retirement, are steeped in a collegial tradition of not raising their voices, not rocking the boat, not making a fuss. So these people are cajoled, bullied, and exhorted to be patient, to be ‘team-player’- whatever that means in this context. They are cheated. And they are cheated with impunity. Where are the auditors? There comes a time when organizational sloth and administrative tardiness moves over the line into the murky world of estafa. Is there anything to stop abused employees from filing charges under Art 315 of the Revised Penal Code?

o   For example, Winston Garcia, states that arrears in employers’ remittances stretch as far back as 10-15 years; that 30% of the country’s 8,000 local government units are behind in their payments.

o   Quezon City has just paid P43M in payment arrears incurred from 1997 to 2007. According to City Hall, the amount represents P35M in employer’s share, P6M in employees’ share and P2M in employees’ compensation.

o   Another disagreeable feature is the desire of an organization to put the employee nearing retirement age in a supplicant position. The PNP seems particularly guilty of this. Many police officers have to spend much, if not all, of their last year of service ‘working on their papers.’ This means that they have to prove their PNP service. This information is readily available at Camp Crame. So why treat a long-serving police officer in this unnecessarily cavalier manner? Do administrators really have a primordial need to be on top?

·         Arroyo flies to Brazil to meet Lula

·         Arroyo flies to Russia

NB:

1.       Constitutionally, Putin had to step down from the Presidency but has stayed on as Prime Minister.

 

July 2009

·         ELECTRICITY

electricity which we bought for P5.40 per KWH as recently as March has increased by 33% in the intervening three months so that by June it cost P7.20 per KWH à parlor which paid P13, 500 for a month’s supply of electricity in March, now pays P18, 000 à Some businesses will close, employees will be laid off, and the economy will contract

·         FOOD SECURITY

Oxfam International predicts  global warming will reduce rice yields in the Philippines (world’s biggest rice importer)

The foreign news agency, Reuters, scooped the local media by clandestinely obtaining pertinent documents and publishing, last Monday, details of the government’s deal with the government of Vietnam earlier this year to buy 1.5 million metric tons of rice for $825 million. Pablito Villegas an agricultural economic consultant with the United Nations Food and Agriculture Organization believes that price paid is too high and hinted darkly ‘There is more to this than meet the eye.’

Senators, notably Chiz Escudero and Loren Legarda cried foul, alleging an overprice of P13B but Agriculture Secretary Arthur C Yap who has much experience in  damage control is defending the deal.

·         EDUCATION

o   On TESDA controversy

o   ON ABADS PROPOSAL (Years Back)

DepEd Sec Florencio Abad (a Hyatt 10 attendee) proposed a ‘ladderized’ scheme whereby students who, after completing Grade 6 examinations, showing themselves to be not quite ready for high school, would attend a year’s program in an intermediate class which would, hopefully, prepare them more adequately for secondary level schooling. à President turned down Abad’s proposal à Abad resigns à replaced by Jesli Lapus who sells noodles at P220/kg

o   Antonio Go Criticisms

Antonio Go, over the past twelve years, involving nine DepEd Secretaries, been critiquing English textbooks and draws attention to lamentable errors. à Director Socorro Pilor, of the DepEd- Instructional Material Council Secretariat adroitly evades responsibility by mentioning that it is an Ateneo de Manila University editorial board that passed the final evaluation of the error-filled textbooks

o   Recommendations

1.       DepEd’s curriculum design is poor. It needs inputs from a wider constituency. Greater transparency would lead to much improved curricula.

2.       Too much rote learning is required. We need more emphasis on understanding rather than parrot-fashioned absorption and regurgitation of facts.

Syllabi need to be restructured to accommodate the importance of understanding compared to rote learning.

3.       The current structure, whereby DepEd is the monolithic custodian of all matters educational, is the cause of many shortfalls in the process where our children become ‘educated.’

Assessment of student performance should be re-assigned to an independent body which could be named the Philippine Examinations Executive.

NB: Most developed and developing countries invest 5-6% of their GDP in education. Our allocation is, sadly, less than 3%.

·         OVERSEAS TRIP OF GMA

o   MILES FOR PROGRESS

In re: 51 trips in 102 months as President is too many à not mentions President’s visit to Hong Kong on 28, June was a meeting with Tony Kwok, former head of Hong Kong’s Independent Commission Against Corruption

 

According to Malacanang, the next step in the fight against corruption is for the private sector to start institutionalizing ‘corporate integrity managers.’ à That all is well in the public sector; that the corruption prevention and detection mechanisms are in place; that information supplied by whistleblowers will be acted upon promptly, and that any corrupt official can expect swift and decisive retribution; that those buying noodles at P11, 000 LKg or not making prompt remittances to GSIS can expect to spend Christmas 2009 as non-paying guests of Muntinlupa.

Pellagio Apostol says that we have a duty to report corruption if we encounter it

·         In 2001, Dr Pat Tan of Negros Graftwatch reported to the Ombudsman about an apparent overprice of materials purchased. He implicated Lito Coscoluella.

·         In 2005 he, Pat Tan, died.  July 2009, the Ombudsman appears to be investigating the case.  Why now? Why not before?

·         The Balikatan 2007 case is more serious because it involves American taxpayers’ money. Gibo’s USec’s who have been given the responsibility of investigating the case should produce, with or without Gadian, a definitive report quickly. Gadian’s information, although useful, is probably not necessary.

·         If Balikatan means what I think it means, and if there were hocus pocus, then American soldiers will be aware of and can provide information on, the fact that their Filipino counterparts did not receive the materiel that the P46M was meant to be used for. à malfeasance within AFP must be revealed.

CONCLUSION

     Anodyne statements such as:-

                ‘Potential co-operation agreements with Russia’

                ‘Memorandum of understanding with Brazil’

‘Establishing a general framework for agriculture and fisheries cooperation.’      

                ‘…to come up with a program for agriculture investment.’

are not the stuff of leadership. The above statements are for mid-level civil servants writing about inconsequential meetings. Heads of State should only appear when these motherhood messages have been converted into formal agreements which have provable benefits. We are not there yet.

INVESTMENTS

     We are desperately short of foreign investments. Other countries, less corrupt than ours, are able to attract foreign funding which in turn generates more rapid growth.

     Some, if not all, the investment projects proposed at civilized meetings with other heads of the state disappear when the reality of undertaking investment projects in the Philippines becomes apparent to the foreign entity.

     The ad. boasted of many foreign investments as a result of GMA’s foreign trips. Not all these investments will eventuate.

 

·         US$190 million benefits for Filipino war veterans

Obama’s response was to submit a US$787B ‘stimulus package’ to Congress which passed it. The components of the stimulus package included many pet projects from Democratic Congressmen and Senators whose views had largely been ignored during the 8-Year Republican Bush administration.

Amongst these projects was one submitted by Daniel Inouye, a democrat Senator for the State of Hawaii. It was he who was aware of the injustice perpetrated on Filipino war veterans. It was he who proposed the US$190M project. Malacanang had no substantive involvement whatsoever.

 Credit – stealing, particularly when inappropriate, is unattractive and Malacanang should know better. Cerge Remonde who has compounded the offense by repeating this untruth should ‘back off.’

 

 

Eight Years

This is a proposed story/script for an upcoming film my classmates and I are going to produce in relation to Marriage Ceremonies

Eight Years

 

Just when I Thought it’s Over

It was eight years ago since my heart screamed the words I love you! I remember very clearly the courtships we have been through; from one rose grew a bunch; unsolicited phone calls were a regular; movie tickets piled up. Yes, we were so in love, and we were so young. But to-day, it is as if those days perished. What could be so damn important than our eighth anniversary? Has he lost his passion?

 

                As I entered the classroom I rushed to my best friend and wept. I confided to her that I was abandoned by Eric. There were only the two of us in that room and my voice echoed across as I aired my cursing words. I was determined to end the relationship. As I cooled down, Mary invited me for a snack. After we ate I went to the powder room to freshen up my smudged face.

 

When I went back to the classroom I was so scared because it was dark. I hurriedly rushed through the switch to put on the light and at a split of a second tripped. Suddenly a nice smelling guy caught me and I just screamed instead of saying thank you. Candle lights glistened and twinkled as I opened my eyes; I saw my classmates carrying candles and flowers. As I looked at the person who caught me, I felt anger rushing through my veins. I was going to say cursing words but he placed his finger on my lips. Then he put me up and kneeled before me to seek my permission to marry him.

 

The Rigmaroles

As Eric fell asleep, I recalled how sudden things seemed to be happening. The man who has slept beside me for eight years, not once attempting to solicit sexual favours, has finally decided to insure our relationship. I could not be more than happy to accompany him tomorrow at the civil registrar’s office to apply for a marriage license.

 

During breakfast we discussed the steps we should take in arranging our marriage. We phoned each of our parents to inform them of our plan. Eric’s parents seem to have rejected the idea.

 

Our next step was to proceed to the local civil registrar to apply for a marriage license. As we entered his office his eyes turned round. As he puts on his glasses he asked us how old we were. With all honesty we told him we were 24, but he doubted. Instead, he required us to present our birth certificates to prove our age and to return the following day. Being the tiger that he was, we took what he said as a complement. We were also fortunate enough to bring our birth certificates and so the registrar smiled and told us to obtain parental advice since we fell on the bracket of ages 21 to 25. I was so concerned since Eric’s parents were not in favour of the proposed marriage. Furthermore we had to go through marriage counselling. But suddenly the demon I painted of the registrar turned into an angel when he said that if however we do not obtain such advice or counselling certificates, the marriage license will still be issued, but shall be suspended for three months. Excited as we were, we took that option, and so the registrar gave us forms to accomplish. The registrar then told us that he will be posting our names at their bulletin for ten consecutive days to know if we have done something unlawful. With a smile we said thank you and left the office.

 

At the apartment I was so anxious for the marriage to take place the soonest time possible. I lit a stick of cigarette every five minutes until I ran out. In my mind was the impatience to wait for one hundred days. I could no longer hold on to what I was thinking and just as I approached Eric, he exclaimed what was at the back of my mind. I remember we laughed like little devils!

 

            The duress of our impulse to get married was so intense that we decided to fabricate the advice of Eric’s parents. For all we knew, we were in love, and nothing could ever stop us.

 

                The following day I was able to secure my parent’s advice and so we proceeded to the local civil registrar to present to him the advice and to let him know that we were ready for marriage counselling, so that he could recommend somebody to do so. I was so happy when the registrar approved our proposal and recommended to us John Malas as our marriage counsellor.

 

                The next day, Eric and I spent the whole day listening to a seminar on family planning, among others. As we held hands together and stared at each other with a smile, it was as if we were reading each other’s minds and talking through our brain waves independently saying we were ready. Then, a certificate was given to us certifying that we underwent such a seminar.

 

`The day after, we rushed the certificate to the local civil registrar who advised us on what steps to make after the ten-day posting. Everything went as we planned, and the agony of having to wait for one hundred consecutive days was reduced to ten.

 

Eleven days passed and our license was released. We then sought the Mayor, Mary’s father, to solemnize our marriage two days from now.  All excitement grew strong as we waited our wedding day, in a simple, yet dignified manner, well, not considering the fraud we have committed just to get this far.

 

I phoned two of my cousins to attend the wedding which we have set two days from now, of which both agreed to bear witness. 

 

The Wedding Day

            It is not as if I never dreamt of wearing that white gown to marry the love of my life. But I know I cannot afford the expenses incurred in a church wedding; neither can Eric. Nevertheless, I was so much happy to have stood beside the man and exchange vows with him that we will take each other as husband and wife, through thickness and thin, till death do as part.

 

                At last, the wedding has taken place! I was so excited to go home and make love with him, after eight years of holding up to our urges, this is it… Nothing can ever go wrong!

 

                Arghhh!!!!!!!!!!! I screamed to the top of my lungs when I went to the restroom and saw my Vicks inhaler.

 

Crim 1 Reviewer - Midterms

Article 4       Criminal Liability

 

1.      Committing a Felony even if the Wrong Produced is Not Intended by the Offender

2.      No Felony has been Committed, Not Criminally Liable for the Result

3.      Different Wrongful Acts

a.      Aberratio ictus (mistake of blow)

b.      Error in personae (mistake in identity)

c.       Praeter intentionem (where consequences exceeded the intention)

4.      Wrong Done must be Direct, Natural and Logical Consequence of Felonious Act

5.      Felony must be the Proximate Cause of the Resulting Injury

6.      Where Felony is Not a Proximate Cause when

a.      There is an active force that intervened between the felony committed and the resulting injury and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused; or

b.      The resulting injury is due to the intentional act of the victim.

7.      Impossible Crime à

 

Circumstances Affecting Criminal Liability:

Justifying

Exempting

The circumstance affects the act, not the actor

The circumstance affects the actor, not the act

The act complained of is considered to have been done within the bounds of law; hence, it is legitimate and lawful in the eyes of the law

The act complained of is actually wrongful, but the actor acted without voluntariness. He is a mere tool or instrument of the crime.

Since the act is considered lawful, there is no crime, and because there is no crime, there is no criminal

Since the act complained of is actually wrongful, there is a crime. But because the actor acted withour voluntariness, there is absence of dolo or culpa. There is no criminal.

Since ther is no crime or criminal, there is no criminal liability as well as civil liability

Since there is a crime committed but there is no criminal, there is civil liability for the wrong done. But there is no criminal liability. However, in paragraph 4 and 7 of Article 12, there is neither criminal nor civil liability.

 

Basis for an act to be criminal:

1.      Justifying (6)

2.      Exempting (7)

3.      Mitigating (10)

4.      Aggravating (21)

A.        Justifying Circumstances

            Act in accordance of the law.

Justifiable àthere is admission of an act and so the burden of proof transfers to the accused and he must prove beyond reasonable doubt that he is not guilty of the act.

1.                   Self-defense (Article 11, No. 1)

“Anyone who acts in defense of his person or rights, provided that the following circumstances concur:

(Elements Circumstancial/Requisites):

First. Unlawful Aggression à towards the accused, not the victim; cause: victim; actual or physical assault

Second. Reasonable necessity of the means employed to prevent or repel it

Ex. Dan attacks Jocelyn using his hands, Jocelyn cuts off  his hands à not reasonable necessity

Third. Lack of sufficient provocation on the part of the person defending himself.”

 

Property

1. rights to be protected

2. because the state cannot be there when there is trouble

 

                        NB: aggressionßàreasonable ßà provocation

 

a.       Burden of Proof on the Accused

b.       Rationale

c.       Essential Requisites

1.Unlawful Aggression — Indispensable Requisite

Unlawful Aggression vs. Lawful Aggression

Paramour & wife of the husbandà implagrante directo (caught in the act) of adultery

                                   

·         Peril to One’s Life, Limb à eminent danger of being attacked; must be existing, actual, and eminent, not fictitious, otherwise no unlawful aggression

Eminent danger vs. actual dager

·         Unlawful Aggression Must Come from the Person Attacked

·         No Unlawful Aggression

·         Unlawful Aggression No Longer Exists

·         Agreement to Fight

·         Stand Ground When in the Right

·         Unlawful Aggression in Defense of Other Rights

·         Mere Threatening Attitude is Not Unlawful Aggression

·         Nature, Character, Location, and Extent of the Wound of the Accused

2. Reasonable Necessity of the Means Employed

·         Reasonable Necessity

·         Test of Reasonableness; Circumstances Considered

3.            Lack of Sufficient Provocation

NB: Belief is not sufficient.

2.Defense of Relatives (Article 11, No. 2)

“Anyone who acts in defense of his person or rights of his spouse, ascendants, descendants,, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceeding circumstance are present, and the further the requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein.”

NB: collateral relatives not included; up to the great grandparents or great grand children

Requisites:

·         Unlawful aggression on the part of the victim

·         Reasonable to repel the act

·         Sufficient provocation not coming from the defending party

3.Defense of Stranger (Article 11, No. 3) à friends, total strangers, distant relatives

4.Avoidance of Greater Evil or Injury (Article 11, No. 4)

5.Fulfillment of Duty or Exercise of a Right or Office  (Article 11, No. 5)

6.Obedience to an Order of a Superior (Article 11, No. 6)

 

B.         Exempting Circumstances

 

1.                   An Imbecile or an Insane Person Unless the Latter has Acted during Lucid Interval (Article 12, No. 1)

Somnambulism

2.                   A Person Under Nine Years (Article 12, No. 2)

3.                   A Person Over Nine and Under Fifteen Unless He Acted With Discernment (Article 12, No.3)

4.                   Accident (Article 12, No. 4)

5.                   Irresistible Force (Article 12, No. 5)

6.                   Uncontrollable Fear (Article 12, No. 6)

7.                   Prevented by Insuperable Cause (Article 12, No. 7)

 

Instigation and Entrapment

to be continued

ADR - Mid Terms Reviewer

The Settlement of Dispute in the Philippines

A Culture of Pakikisama

Overall à In the past Filipino’s would prefer to fight up to death than be litigious. Recently though, pragmatic means have been observed where the problem is identified and then problem solving techniques utilized.

·         Pre-Hispanic Occupation à non-litigious

Toedoro A. Agoncillo in his History of the Filipino People wrote that “Before the arrival of the Spaniards, conflicts arising between subjects of different barangays were resolved by arbitration in which a board composed of elders from neutral barangays acted as arbiter.”

·         Hispanic Colonization

People saw criminal or civil lawsuits as one of the worst calamities that could befall man. Cases that have been decided may be reopened if it violates some foreign laws. Even the Taft Commission (after Spanish occupation) in its studies considered the court system in the Spanish era to be that which promotes delay, expense, and the denial of justice.

NB: In the previous chapter Rizal calls the legal system a malady. Cases last an eternity. (with respect to delay)

·         American Occupation

Americans turned the moribound Spanish system and turned it into the system which we had before Spanish occupation.

·         Legal Miseducation

o   Dr. Howard Irving’s conclusion on the training of students in law schools.

“Legal education is calculated to promote close reasoning and argumentation of a partisan interest” à the client’s side is always viewed as being in opposition to the other party

o   Two Methods used in schools

§  Partisan Interest à“Sue the bastard!”

§  Contingency àteach student’s to win cases by chance

o   Instead of teaching students to solve cases the earliest time possible, what is being taught is how to get ahead of the other party.

·         Factors affecting the settlement of cases (in the Philippines)

o   Positive

§  Pakikisama, palabra de honor, kamag-anak, bayanihan, tulungan, bigayan, paki-usap

o   Negative

§  Bahala na, gantihan, pasiklaban, amor propio

·         Filipino Traits (HUKAD PS)

o   Awa, utang na loob, kompadre system, paggalang, delicadeza (F. Lando Jocano; Filipino value System, 1997), hiya, suki

·         Types of Arbitration (in the Philippines)

o   Barangay (Village) Justice

An appreciation of Japanese chotei (conciliation) where the Japs would prefer a compromise rather than litigate for litigation is a breach of public harmony and they are geared towards the restoration of harmony. China also applies the same principle.

 

Katarungang Pambarangay

Lupon = pangkat + others

Disputes are scrutinized by a lupon who shall render an award agreed upon by the conflicting parties at any stage in the process of making amicable settlement. Parties may accept the award or proceed with a lawsuit in court in which a certificate to file action will be issued by the Secretary of the Barangay.

o   Labor Arbitration

Mandatory under the Labor Code of the Philippines iff cases involve the interpretation or implementation of collective bargaining agreements and company personnel policies. Otherwise, it becomes voluntary arbitration wherein the voluntary arbiter has the power of the Regional Trial Court.

o   Construction Arbitration

The Construction Industry Arbitration Commission (CIAC; under DTI) gave birth to arbitration in the construction industry. As mandated by EO No. 1008 (Construction Industry Arbitration Law), CIAC has original and exclusive jurisdiction over disputes arising from construction contracts. (But it doesn’t imply that it has sole jurisdiction over said disputes arising from such breach of contracts).

 This form of arbitration is voluntary and may even include construction contracts entered by the government. The conflicting parties agree to undergo arbitration of which a Request to Arbitrate is to be sent to the Secretariat of the Commission. The decision rendered by the Arbitrator is final and hence un-appealable, unless there is grave abuse on the part of the Arbitrator.

o   Consumer Arbitration

RA No. 7394 (The Consumer Act of the Philippines) vests original and exclusive jurisdiction over consumer complaints. (But it doesn’t have sole jurisdiction over such complaints).

The parties agree to settle disputes where the Arbitrator must ascertain the facts of the complaint and observe strict rules of evidence in the courts. Decision is to be rendered within 15 days from the time the investigation halts. Decision rendered is final and executory  unless appealed within 15 days from the Department Secretary within fifteen days from the date of receipt of such orders on the grounds of: a) grave abuse of discretion; b) excess of jurisdiction or authority; c) insufficient evidence or serious errors in findings of facts. The Secretary of DTI will decide the appeal within 30 days from receipt of appeal and his decision becomes final unless after the lapse of 15 days unless there is a petition for certiorari.

o   Matrimonial Mediation

Disputes such as child custody, child support, spousal support, access or visitation rights, all the way up to the dissolution and division of conjugal partnership of gains and the absolute community property of property regime may be subject to court-reffered mediation (means mediation ordered by a court to be conducted in accordance with the Agreement of the Parties when as action is prematurely commenced in violation of such agreement) provided that he following disputes may not be compromised:

1.       The civil status of persons;

2.       The validity of marriage or legal separation;

3.       Any ground for legal separation;

4.       Future support;

5.       Future legitime; and

6.       Jurisdiction of courts.

As of 2003, new rules have been issued by the Supreme Court regarding matrimonial mediation. Pre-trial conference for absolute nullity of void and annulment of voidable marriages may be referred by the judge in a manner not prohibited by law. The mediator is to generate a report within one month and may be extended up to another month the most. If un-availed, pre-trial will proceed in courts. (A.M. No. 02-11-10-SC, Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, effective March 15, 2003).

 

NB: It is not arbitration because the subject may not be compromised.

o   Corporate Arbitration

The disputes arising from deadlock among the stockholders of a close corporation, as provided by the Corporation Code, empowers the Securities and Exhange Commission (SEC) to arbitrate and render judgment which may be adverse to the by-laws of the corporation. He may even appoint a provisional director of he deems it is beneficial to the stockholders and creditors.

 

NB: Note here the juridical personality of the close corporation; there is unanimous consent to submit to ADR

o   Partnership Arbitration

The Civil Code gives partners the leeway (by common consent) to settle disputes arising from profits and losses (only). However, this must not be entrusted to either of the parties but rather to a third person, the industrial arbiter, who upon subject to the agreement of the partners in the equity of their shares shall render a judgment.

 

NB: Note that there is a common fund.

o   Administrative Arbitration

Philippine law prescribes administrative procedures for arbitration and settlement of disputes such as interpretation and application of statutes, or contracts arising in different departments, bureaus, offices, agencies, and instrumentalities of the National Government, including government-owned and controlled corporations are covered by the arbitration powers of the Government Corporate Counsel. Without availing of such, an issue when brought to court will be deemed premature for non-exhaustion of administrative remedies.

NB: Note that Administrative bodies are those with quasi-judicial functions.

o   Environmental Mediation

Litigation is still crucial for environmental issues affect the public interest. However, private corporations, government watch-dog agencies, and environmental groups avail of such mode of ADR.

o   Executive Arbitration

In accordance with the Constitution where the state cannot be sued, a means to redress issues regarding the executive branch of the government is provided. In the case where of Joker Arroyo vs. Eugenio Lopez, the President exercised both Executive and Legislative power, complete with the power to arbitrate. Since Joker Arroyo was Executive Secretary (the alter ego of the President), he was in the position to arbitrate, in behalf of the President. The background to the case was that channel 2 and channel 4 had been padlocked and taken over by other companies in Martial Law, and only channel 2 was returned to ABS-CBN.

o   Foreign Arbitration

United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 gives reciprocal recognition and allows enforcement of international arbitration agreements between parties of different nationalities within a contracting state provided that they do not constitute fraud and infirmities.

The International Arbitration Rules of the Philippines Dispute Resolution Center, Inc. (PDRCI) contains the jurisdiction of the Arbitral Tribunal.

o   Banking Arbitration

Where disputes arise, arbitration is required of member banks to avail of hastened solutions. They submit themselves to arbitration under the rules of the Philippine Clearing House Corporation (PCHC). Once under arbitration, they may not seek relief from Regional Trial Courts.

o   Mining Arbitration

RA No. 7942 (The Mining Act of 1995) contains specific provisions governing the arbitration and settlement of mining disputes and claims between parties (Sections 77-79). Three arbitrators (2 members of the Philippine Bar; 1 licensed mining engineer or a professional related in the field as designated by the Department Secretary as recommended by the Mines and Geosciences Bureau Director) in the Regional Office of DENR . The dissatisfied party may appeal the decision of the triad panel to the Mines Adjudication Board of the within 15 days from the time decision was received by the party. If still aggrieved, the case may be elevated up to the Supreme Court within 30 days from the receipt of the Board’s order. Only questions of law can be raised at this level.

o   Maritime Arbitration

Maritime arbitration clauses were ruled as valid and binding by the Supreme Court in Cases of National Union Fire Insurance Company v. Solt-Nielsen. G.R. No. 87958, April 2. 1990 and Puromines, Inc. v. Court of Appeals, G.R. No. 91228, March 22, 1993.

o   Insurance Arbitration

The Insurance Commissioner may settle controversies between an insurance company and a policy holder relating to insurance matters. Vested in the commissioner is the power to adjudicate claims less than P 100,000.00, involving:

1.       Loss, damage or liability of an insurer under any policy or insurance contract;

2.       Liability of a reinsurer;

3.       Liability under a contract of suretyship;

4.       Liability of a mutual benefit of association to its members;

5.       Counterclaims against the insured;

6.       Cross-claims against the co-party; and

7.       Third-party claims by the insurer against another party.

The complainant may file with the proper court once there is denial of his claim.

o   Intellectual Property Arbitration

The procedure for arbitration may either be that of :

1.       RA No. 876 (Philippine Arbitration Law)

2.       UNCITRAL Arbitration Rules

3.       ICC Arbitration Rules

for disputes  to a technology transfer agreement, and shall either be in the Philippines or any neutral country.

o   Securities Arbitration

Disputes concerning securities and other banking concerns will be governed by Securities Disputes Arbitration Rules and the Banking Arbitration rules drawn up by the Philippine Dispute Resolution Center, Inc. (PDRCI).

The Mitigation of Litigation

A Cornucopia of Nonlitigative Processes

Other ADR Processes

1.      Med/Arb – it is a two-step process as the name implies, it is a combination of mediation and arbitration that gives the parties an opportunity to resolve the minor issues through  mediation first. If all issues are not settled during the mediation stage, the parties can proceed to tackle the remaining knotty issues. 

2.      Class Action Administration – method of resolving the claims of a huge class of claimants  with the least possible litigation expenditures and court cost through an administrative agency in charge of maintaining and tracking statistical days as well as overseeing restitution payments, appointed by the court or chosen by the parties design a set of claims procedures. 

3.      Voluntary Settlement Conference – just like mediation it is a non binding hearing; the neutral party is allowed to express his opinions and views about the case and will be obligated to formulate an advisory opinion to be submitted to the parties for review and approval.

4.      Mass Tort ADR Projects (Manville Personal Injury Settlement Trust and A.H Robbins bankruptcy for claims of asbestos sufferers and for claims related to the Dalkon shield, respectively). The respective trusts were put up to compensate legitimate claimants with mediation or arbitration built into the system to save money and preserve trust fund pay to claimants.

5.      Referee  or “Rent a Judge” – a practicing attorney or a retired judge usually acts as a referee who conducts a “trial”  that incorporates the formalities of a regular court trial, complete with a court reporter and the observance of the strict rules of evidence.

6.      Mock-Jury trial – a “mock jury contract” sets forth all the provisions government the dispute resolution process chosen by them, including how the mock jury proceedings will be conducted.

7.      Ombudsman – he is a  fact finder or  referee hired by businesses to deal with disputes inside the organization. The objective is to solve problems and disputes quickly and informally by hearing and investigating disputes between workers.

8.      Process Consultation – this is used if there is a long-standing relationship between the parties and they encounter problems in resolving the disputes. Process consultants act as counselors who focus on the process of negotiation, assisting the parties in enhancing or restoring communication lines

9.      Facilitation – is like conciliation. The neutral third party or the facilitator acts as a moderator in large meetings. He is not to air out his views

10.   Conciliation or convening – a dispute settlement procedure which uses a neutral third party to clarify issues in a dispute so that the parties concerned may themselves arrive at a mutually acceptable agreement.  The conciliator or convenor functions like a mediator without simultaneously meeting the parties.  In Japan, conciliation is more popular than arbitration. (Taken from the Dictionary of Arbitration and its Terms) 

11.  ADR Processes in US Government Agencies – has adopted the ADR practices of the private sector, for instance, in environmental issues. High cost and bad publicity has motivated private companies to go through ADR.

12.  International Commercial Arbitration – as manifestation of globalization and trade liberalization, contracting parties to international agreements now look at arbitration as a preferred procedure to settle international commercial disputes.

13.  Small Claims Courts – usually part of the municipal or country court system

14.   Neighborhood Dispute Centers – like the Katarungang Pambarangay

15.   Regulatory Negotiation – this involves matters concerning public issues (environmental pollution, employment safety standards, wages, product safety, garbages, social services, transportation, dumpsites, et al) where techniques in mediation are observed to settle disputes

 

Legal Negotiation

The Sport of Nonadversial Lawyers

To be continued…

 

Pointing Finger

At the expense of the medical services supposedly rendered by Cebu City Medical Center (CCMC) to non-residents, who indirectly pay taxes in Cebu, is the foolishness of the decrepit old man in his attack to Gwen, to expose the millions spent by the Governor to the Cebu International Convention Center (CICC). God must have endowed great common sense to the incumbent Mayor of Cebu! He speaks of Gwen being full of propaganda when he himself advocates black propaganda.

 

                Not so far from us is Bacolod City, where an on-going war between Congressman Monico and Mayor Bing exists. Lately there was an issue regarding scholarships by TESDA. What happened according to Mayor Bing was that Monico, who denies being the saboteur,  allegedly pressured Golez (Deputy Spokesperson of GMA; aspiring 2010 Congressman) when he was out of the country to convince Governor Zayco to withdraw the scholarships to be offered by TESDA via a raffle draw in Sara Geronimo’s concert. But a 19 year-old girl stood before the media holding a poster of Sara Geronimo’s concert, where a raffle is to be drawn to give scholarships to those who bought the tickets. Humiliated as they were, TESDA made a “U-turn” - to quote Honeyman’s words in a TV interview at Bacolod City. This is a victory better than People Power 2; a victory of the power of one! This is democracy!

 

                At the national level we have Winston Garcia pointing fingers at the crash of the DB2 system of IBM. DB2 has been known to exist for fifteen years, and I’m pretty sure IBM, through the American government, will condemn Garcia for his allegations. On the other hand he blames agencies for not paying out loan money which amounts to a P 30 Billion deficit. Uhuh! Can you explain to us Mister Garcia why you have a yacht and a condo unit at Hilton Hotel in Mactan?

 

                What is the moral lesson here? When you point a finger to another person, three fingers point back at you in return.

The End of the Beginning

It was the end of the beginning, and my life had to move on. In the past I met so many people to whom I have become attached with at different levels. Some became my enemies; a few remained to be my loyal friends; and others were perhaps things maybe better left unsaid.

                The next page of my life turned when I had graduated in College. It was hard to let go of a lot of people whom I considered my friends, at any rate. Uniquely I met some people who shared with me my anguish, which, had it not been for them, I may be twelve feet below the ground.

                Love, peace, companionship, to name a few, were the hidden treasures I seemed to have endlessly hunted in life’s treasure chest. Along the way, I had various traps which left me heartaches, headaches, and the likes. At some point, I reached many stages were I felt that suicide was the only way. I have to admit I had been weak in dealing with such problems; perhaps I was too immature to realize that all those were training me to become a goal oriented person that I am to-day.  

                Everything in the past seemed to have been random; no plans, no strategies; que sera sera, a song exclaims. But as I mature, I realized that things which I had experienced were cyclical. It felt like I stepped on the same shit over and over again. It was becoming monotonous. Everything I had experienced seemed to be contrary to the life most people would define as dynamic. But it doesn’t mean that my life was boring. In fact, I never felt boredom. I always had things to do which deflected me from the anticipated boredom. However, I had to live an extravagant life; I had to buy my friends; I had to make sure that before I make myself happy, I had to make others happy first.

                But my life changed when I left Iloilo. Initially, I felt that my attachment to various people had become a drug for me, and I felt I was deprived of it. Eventually I managed to contain myself. I found an on-the job-training to cover my lapses in Computer Hardware; at the same time, it became my pain reliever, for my attention was diverted. I became a technician at MF Computer Solution, where I met two very dear people, apart from the others who basically saw me as their superior, for I was a regular customer of that shop. At any rate I learned the basics of belonging to the working class. And though the feeling was not really rewarding since I was not earning any money at all, nevertheless, it was worth the knowledge and skills I learned, those I never learned in the four years of being a Computer Science student.

                Then in September of 2008 (up to the time of this writing), I found myself a job with the Department of Trade and Industry Regional Office where I work as a contractor under the OTOP project of GMA. As IT Specialist, I feel awkward being in this position because I do not empathize with GMA; at any rate, I am happy because I am able to practice my career. The feeling is also rewarding because I am earning a lot for my age, though my actual expenses seem to give me negative dividends. For short, I am not really earning, because my cost of living is beyond my salary. However, I am very lucky because I still have my parents supporting me and I cannot thank them enough. What makes me even love my job is the fact that I am in an organization where people believe in my capacity and it is only now that I realized I am an efficient worker having known myself to be anti-social in the past.

                The beginning of my career was hard; I was destined to experience petty and extreme instances. For instance, I broke my shoe during my first day. Thirteen days later the house I rented caught fire. Nine months later I had a terrible confrontation with my neighbour where it reached the point that I had to file a police blotter. Being new to town, I had to learn the local dialect. I had to understand certain customs and traditions.  The hardest part was to level myself to the working class. Sometimes, I am at denial when I think about how far I have gone; I only wish to be home. Nevertheless, I consider this experience a training of becoming a responsible individual, not only to myself, but to the society.

                Now I am law student, and I humbly thank my parents for supporting me up to this point at various levels. This is my dream and I have only just begun. There is so much that I would want to change in the society.

But what is ironical is that I am in a government agency - luckily to such where I see the diligence of some people, enough for me to say that the taxes being paid for by the people are worth it. But we can do better, and I have, time and time again, by suggesting various possibilities in eliminating corruption. Unfortunately, I am only good as my contract says I am and sometimes I am disappointed that my reports and observations go to a black hole. But this is the manifestation of bureaucracy which is very evident in my working place, and this is one factor which opens the doors for corrupt opportunities. With this, the downfall of the agency will come. I can only hope for a radical change; perhaps, eliminating the ascendancy theory in such agency.

At any rate, it doesn’t stop me from fulfilling my goal in eliminating corruption and having a society like that of the standards in UK. For instance, it makes me sad that people who are non residents of Cebu are denied medical services at CCMC, when in fact, they indirectly pay local taxes. I recall a friend of mine who has cancer in her thyroid gland – a form of cancer inherited from parents who were exposed to radioactive chemicals – where she had to go to the UK, and avail of the free medical services being a citizen of such country; but she is also a Filipino, and is this not a slap on the face of the Philippine government who are supposed to ensure the well being of its constituents? I can only say so much to open the minds of my fellow countrymen.

Being a believer of the power of one, a power which I have used in the past to effect change in my previous schools, I continue to use such, but this time, I aim higher. My focus is now geared towards the betterment of the society. In fact, I have started writing a letter to the DSWS with regards to the wandering mendicants (who are children) in Cebu City. No response, as expected, but sooner, if change does not come along, I will invoke the Anti Red Tape Act and nail down the under-performing public servants. And this is just the beginning of my indebted gratitude to the society who has subsidized my education while being at UP… Being one of the last to benefit on the P300.00 per unit tuition!

“Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning. “

- Sir Winston Churchill, Speech in November 1947, British politician (1874 - 1965)