The Empire Strikes Back

Update 2:13 pm In a comment on her blog, Ellen Tordesillas says the President’s husband arrives back home tomorrow.

Update 1:42 pm Atty. Gabriel Villaroel, lawyer of Abalos, says the ex-Chairman will file damage suits versus Jose de Venecia III; versus Romulo Neri; and also, a perjury suit versus Romulo Neri.

Update 12:57 Surrounded by his family, Benjamin Abalos, introduced by Benhur, speaks: (shrieks of support from loyalists):

Good Afternoon, specially to my townmates from Mandaluyong many barefoot and in slippers, here even with the bad weather. Thank you for coming to this press conference I called to let our countrymen know how I truly feel about issues and controversies involving my honor, my work, and the privacy and tranquility of my family. It’s been a week since I appeared at the Senate, despite counsel of lawyers and friends, expecting they’d be fair and statesmanlike. I was sorely mistaken, not treated fairly; limited to what they wanted to hear; in these few days of consultation of family and friends, I have come to the painful determination to separate my person from the office I hold. Ladies and gentlemen, I have resigned… (screams of outrage from audience) effectively immediately. However, let not my detractors feast on this… I am not admitting guilt and I am not giving up on my determination to clear my name. I am doing this to spare the Comelec. October 20 election will be detached from my problems…. And this proves I am not dangling so-called political debts… or that administration is out to protect me… Forty years ago I entered politics… and in support of the reasons I entered, that’s why I am resigning…. I am doing this to prevent a long drawn-out impeachment process… Thank you to colleagues in government for comfort all these years… Thank you to my family… I am all the more determined to continue my crusade to clear my name and reputation and dispel the lies… The fight isn’t over! (cheering) However long the darkness lasts, there will be a beautiful dawn, we shall meet again, heads raised high, in a new dawn. Thank you.

The Romans had a term for this sort of thing: falling on one’s sword. He spared himself the risk of an impeachment trial and conviction; and he avoided the opportunity to spill the beans on the President. Benhur’s lease on political life, too, has been given a reprieve, which in the end may have been the clincher. Charges will now be in the hands of the (ta-dah!) Ombudsman.

Update 12:49 TV reports a mass going on with 500 supporters at the residence of Chairman Abalos, and he will then make a statement. Abalos looks calm and collected, Benhur Abalos grimacing and frowning.

Update 10:57 am: News vans arrived and began setting up at the House of Representatives this morning, in expectation of a stormy session this afternoon. Congressmen have been trickling in to endorse the impeachment complaint versus Chairman Abalos. Word is, an informal head count by Abalos’s family indicates the proponents of impeachment have the numbers. The Speaker has gone on record releasing members of the House from their loyalty to the party line -turning impeachment into a “conscience vote.” The Chairman has announced he is holding a press conference at noon, and there is talk that rather than face an impeachment, he will resign. Others believe he will, instead, release a bombshell to try to derail the brewing impeachment.

***

This is, perhaps, the longest text message I’ve ever received, sent by a Palace loyalist. I assume it represents the emerging party line (which has taken them long enough to put together!) and therefore, this message bears close scrutiny concerning those the message absolves and defends and those it condemns:

Neri must be compelled to talk. He’s invoking Exec Priv bec he wants d public think he s protecting GMA. Neri started by telling media he will talk about d bribe offer n d proper forum bec he wants d senate 2 investigate him. at d senate he invoked Exec Priv. Neri s slowly poisoning d mind of d public so dey wud suspek pres s involved. He’s blackmailing admin. 2 protect JDV’s speakership. GMA tried 2 cancel NBN when she met ChinaPres n APEC but he threatened 2 cancel all other future investments f she does. D suspension of all d China supported Agri proj. worth USD 1.3B s just d start. Facts:China appointed ZTE 2 implement d NBN proj. ZTE contracted-Multimedia telephony (4merly owned by JDV3 & sold 2 Ricky Razon n 2003) 2 b their Manila counterpart. JDV3 tried 2 steal it thru Neri, a JDV puppet. Neri, issued a comfort letter 2 JDV3 so he can raise funds & pressure ZTE 2give him d contract instead of Multimedia. When he failed even w/ his father’s power pushing, he decided to go 2 media & opposition. In JDV3’s testimonies he said he went to see ZTE several times but never said he went 2 DOTC 2 push his offer. Abalos s d broker of ZTE n getting China 2 appoint ZTE. Abalos stands to earn P200M frm ZTE. JDV3 thought Abalos can convince ZTE 2 move him what razon got. Razon sought d help of FG 2 stop JDV3. MVP also tried 2get a share of d biz but Razon wont let him. N return, PLDT paid d UP prof P1M 2 make d study dat wil put d NBN-ZTE look bad. PLDT s funding all d bad PR on Razon & giving d opposition senators d bullets 2 kill d NBNZTE. NBN-ZTE s nothing but a fight of greedy pipol but could cause enormous economic loss 4 d country.

The message places the President as the heroine, and Enrique Razon as one of the aggrieved parties, and pits the Presidents versus the Speaker and the Philippines as the victim of Chinese dictation (as for the Chinese government itself, it’s issued diplomatically impeccable, vanilla statements: China closely monitors ZTE probe, though there is speculation the President might cancel her upcoming trip to China: Palace: No word yet on cancellation of Arroyo’s China visit).

I think this long text message suggests the emerging Palace view as to those who are allied on one side (its side), and how it’s lashing out at former allies it now considers on the other side.

Consider this part of the proceedings last Wednesday:

Abalos: I have here copy of letter, my counsel secured… Addressed to Mike Defensor stated it may interest to know that ZTE a reputable firm in China, responded to this undertaking and consequently, Chinese government designated it as NBN “frime” contractor.

Lacson: Mr de Venecia?

JDV3: This is 1st or 2nd time I’ve heard this in 3 days. Why is Abalos involved in NBN? To rebut him, I divested my shares in multimedia telephony, in 2003, bought by Anscor, Ricky Razon… I have documents that show in 2004 supply contract between my former company and ZTE with regards to vendor contract. I don’t need Abalos to lobby for me because I already know ZTE.

Note that JDV3 says he sold out to a group composed of the Sorianos and Ricky Razon (and note the connection to the text message I quoted in its entirety).

Much later in the same hearing, this came out:

Pimentel: I understand you’ve incurred the ire of some business people, because of your stand of privatization of arrastre service?

Neri: There’s a monopoly, I favored allowing Harbor Center to compete, as our containter fees among highest costs in the world for containers…

Pimentel: Among those angry is Ricky Razon?

Neri: Well, met him at reception for Equitorial Guinea president, Speaker’s mother-in-law’s house, Forbes Park, it was there he accosted me, in effect telling me, in effect, you will allow Harbor Center to operate over my dead body.

Those familiar with the inner circle of the President know that Enrique Razon wields great influence. Some have gone as far -and this inference can be drawn from Neri’s testimony- that Razon, whose resume includes interest in container and port management, publishing and printing, etc (he got into publishing, it seems, when the Sorianos sold him the Manila Standard; he then further acquired Today to form The Manila Standard-Today) was influential enough to get Neri removed from the director-generaliship of NEDA because he wanted arrastre services liberalized (Razon has shown his infighting skills in this department in the past).

In other words, according to those claiming to be in the know, it was Neri’s decision on the ports issue that got him moved out of NEDA, and it had nothing to do with ZTE which, after all, Neri ended up signing off on.

One source went as far as saying that as far as JDV3’s testimony that Multimedia Telephony was sold by JDV3 and now owned by Razon, the Sorianos, Server, etc., is true; a source mentioned Nono Ibazeta, now president of Psalm, formerly our ambassador to Iraq as a “padrino” but of what, exactly, was never clear (But as for the connection between the two? Ibazeta was ambassador to Iraq; Razon was appointed by the President a member of the Public-Private Sector Task force on the Reconstruction and Development of Iraq: an investigative reporter would be licking their chops over such a lead) .

And there’s more: Arroyo okayed talks with ZTE on NBN before NEDA review. This compounds the issue.

But the combination of Neri disappointing those expecting him to tell all, and yet, the obvious lack of celebration on the part of the Palace and its partisans, brings up something blogger chizjarkace wrote:

Even after being urged by some senators that yesterday was the day Neri could do the country a great favor by not hiding under the executive privilege, he still insisted that he was only following Ermita’s order.

That was a clear sign of Neri’s loyalty to the administration, but is the administration loyal to him? I don’t think so. In fact Ermita just denied that he was the one who ordered Neri to invoke the privilege. If Neri wasn’t lying about it then Ermita is. Neri should take that as an indication that even how much he shield Malacañang, he is not assured to get the same protection. Who knows, if the controversy becomes even bigger, he might be the next fall guy for the couple in the palace.

As Justice Isagani Cruz opined,

Romulo Neri appears to be the most believable of the three witnesses, considering his clean living image and his magna cum laude academic credentials from UP and the MBA degree from the University of California. I am disappointed, however, that when asked about President Macapagal-Arroyo’s possible involvement in the scandal, he evaded the question and invoked her – not his – ”executive privilege” in obedience to Secretary Eduardo Ermita’s instruction. Some persons may be honest but not necessarily brave.

The Ignatian Perspective pens a spirited defense of Romulo Neri, and encourages him to withstand the tremendous pressures he’s undeniably being subjected to, by all sides. Ricky Carandang, in his blog, says those disappointed with Neri fail to see that what he has revealed, under oath, is damning enough (something also said in a recent Inquirer editorial by the way). As Carandang puts it,

I know many are disappointed at former NEDA Secretary Romulo Neri’s performance at Wednesday’s senate hearing on the ZTE Broadband deal, but I think he said a mouthful…

Despite being informed of the bribe offer, Arroyo eventually approved the ZTE broadband deal.

On its face, the fact that a cabinet level officer reported a bribery attempt in connection with the deal should have been enough cause for Arroyo to stay away from it. It should have also been grounds for Neri to refuse to nominate te ZTE deal. And yet, despite the bribe offer, that’s exactly what they did.

Not only is that improper, that’s illegal.

What should have happened is that Arroyo should have referred the matter to the Ombudsman and out of a sense of propriety, refused to entertain the ZTE proposal. Neri should have either refused to sign the April 20 letter or — if he were somehow being pressured to sign it — resigned.

Now, like some chess maneuver, Benjamin Abalos is being sacrificed as Malacanang circles the wagons around Arroyo.

But what we’ve learned is that Arroyo knew that Abalos was pushing the ZTE deal as early as October. She was also aware that a senior cabinet member was claiming that Abalos attempted to bribe him. In other words, she had knowledge of two illegal acts pertaining to the ZTE deal prior to approving it.

Many people were disappointed that Neri didn’t somehow implicate Arroyo in all this. They suspect, with good reason, that the subsequent conversations that Neri refused to talk about would indicate the extent of her involvement in ZTE. And they would be right. But what people don’t seem to realize is that already, Neri’s testimony has damned his president. And possibly himself as well.

Yesterday, a dramatic headline appeared in the Inquirer: Neri was ready to talk about ZTE. The revelations, which go beyond the usual two-source requirement but lists four sources, are quite astounding:

According to the four sources of the Inquirer, Neri was ready to answer the senators’ questions when Sen. Joker Arroyo intervened. (The sources all declined to speak on the record in deference to the gag rule governing executive sessions.)

Arroyo reportedly made a motion to allow Neri to avail himself of the legal counsel of his choice.

“I think he tried to help” was how a source explained Arroyo’s purported move.

On the phone last night, Arroyo denied that he had intervened….

After Arroyo’s motion, Budget Secretary Rolando “Nonoy” Andaya Jr. entered the members-only Senators’ Lounge, according to the Inquirer sources.

Andaya, who succeeded Neri in the budget department, came in supposedly to act as the latter’s lawyer.

A source said the senators had an argument about the presence of Andaya, who, some insisted, should not be acting as Neri’s lawyer because he was also a member of the Cabinet.

“It’s hard to predict what he (Neri) was going to say, but he was about to talk. I think it’s the presence of Nonoy that stopped him,” one source said…

…Inside the Senators’ Lounge, Neri began to experience chills, and by one observer’s account, it might have been partly because he was afraid.

The sources could not explain how Andaya got into the picture, but he was seen arriving at the Senate a few hours before the senators decided to take Neri to the executive session.

“Basta dumating na lang, umupo doon (He just arrived and sat there),” a source said.

The sources said Andaya told the senators not to press Neri to talk because the latter was sick.

“Then kinalabit na niya si Neri,” a source said…

…The executive session was over in less than 30 minutes.

The story led to angry replies: Joker denies he blocked Neri’s ZTE deal exposé. And to the Palace laying the basis for a possible non-appearance in the future: Palace exec: Neri sore at media for sowing ‘intrigues’. After all, I have nothing more to say on broadband deal–Neri.

(update: Jarius Bondoc has taken an unprecedented step for a columnist, revealing his source and what the source told him; originally, he was going to hold a press conference but instead, the information appeared in his column this morning; because the Star website’s links are wacky, I’m reprinting the column in full):

I understand why Neri couldn’t talk
GOTCHA By Jarius Bondoc
Monday, October 1, 2007

I called Romy Neri right after testifying Sept. 18 in that first Senate hearing on the ZTE scam. It was our tenth talk about the issue since Apr. 20, when The STAR ran my first of a series of articles. I pried why he didn’t show up, if he was under any threat of harm, and when he’ll reveal all he knows. From his replies it was clear he was charily weighing the consequences. There’s a time and place for everything, he mused, then asked if what he has narrated to me thus far would “incite another EDSA.” I said I didn’t know, but that I do wish the Senate inquiry would spark a wave of reforms, starting with clean elections. He shared the dream, but doubted if it would come true soon. Our talk eventually led to sacrificing for the sake of the nation. He said Joey de Venecia was brave to implicate big names, adding that if push comes to shove the young whistleblower fortunately has a rich dad to fall back on. “I’m not affluent,” Romy stated the obvious. Neither am I, I reminded him. Whereupon, he shot back: “Oh, but you’re a journalist, you’re supposed to be dedicated to the truth.”

Yes, in this calling our first instinct is to truth and justice, at all costs. So with Romy’s words in mind I must disclose what he has told me. I know I might get him and myself into deep trouble with powerful persons. But that is journalism. Too, in my hierarchy of values, God is first, country next, family and friends third, and myself bottom. Patriotic duty calls.

Romy bared many frightening things when he called me morning of Apr. 20. I had written that the government was rushing to award the ZTE contract the next day in Boao, China, and that the NEDA, which he headed then, had approved the overpriced telecoms supply in a huff. Before I could ask anything, Romy blurted three items in succession: “This deal was the handiwork of Ricky Razon and Comelec chief Benjamin Abalos … I warned President Arroyo about this, and also told Speaker Jose de Venecia Jr. … Abalos tried to bribe me P200 million.”

I was stunned, and asked him to start over again by answering some basic questions. Like, how the NEDA got involved in this, and why a build-operate-transfer project suddenly became a negotiated supply purchase. He said “NEDA had to make an evaluation any which way.” Too, the law “allows the President to waive ODA (overseas development assistance) rules in a bilateral or government-to-government agreement.” He stressed that NEDA had no capacity to determine any overpricing, then explained the three steps in any NEDA project review.

Three times Romy repeated he had warned Arroyo about the deal. He told her about the bribe offer, and she allegedly replied “then don’t accept it, but work on the approvals just the same.” He said Arroyo kept blaming Joey for the mess that was then brewing.

The culprits in this deal, he said, are “ZTE Corp., Razon, Abalos - and one more….” When I asked why his NEDA approved the ZTE proposal when he knew all along it was stinky, he said, “GMA was pushing it, and it’s our job to process.” With pain in his voice, Romy said he had almost resigned the day before.

“My life is in your hands,” Romy cautioned towards the end. He said Abalos had wiretapped one of his staff, and Razon had once threatened him at a cocktail party hosted by the Speaker.

Before he hung up, Romy said that my exposé had the potential to mar the administration’s chances in the May election. It was so explosive, he counseled, so I must be very careful. He also said he would fire off a Letter to the Editor to clarify his role, in view of the sensitive info he had just shared.

I expect Romy to get mad at me initially. He already did because of my column last Monday, which his friends said put him in peril for hinting at what he might testify to. I apologized to him Tuesday, explaining that I intended his potential tormentors to realize, for his safety, that some other persons and I know what he knows. Too, that I wanted corroboration of Joey’s testimony.

I also expect Romy to understand in the end. He was feverish and coughing when he testified Wednesday. The media have since praised him for boldly divulging Abalos’s bribe attempt, but also pilloried him for hedging on matters involving higher officials. Some even mocked him for downplaying his role at NEDA as presidential co-chair of major projects, making it look like he wasn’t worth a P200-million payoff to begin with.

But then news reports have it that Romy was ready to bare all during the executive session at 9 p.m., just that he was having chills. I pray I can help him with this. Before the hearing I offered Romy a prayer for fortitude. He said he was more courageous than us. I don’t doubt it.

My column today,Should thuggery trump secrecy? tackles this dramatic story of an “intervention” in the Senate’s executive session (I translated “kalabit” as “nudged,” which may or may not impart the proper imagery). It is a story that suggests those inclined to sympathize or at least show compassion towards Neri, may be on to something, and that the new official line he has nothing more to say, is to prevent his saying anything further. The man didn’t just fold because the pressure was intense; the pressure may have been applied persistently and in a manner that represents an institutional assault on the senate itself. This morning, at least one senator is of a similar view: Lacson: Andaya lawyered for Neri during call for exec meet.

And, bearing in mind what Ignatian Perspective and Ricky Carandang wrote, blogger Slap Happy ties it all together with the reports on the Senate’s Executive Session:

In fact, the mere notion that he cited Executive Privilege was to keep everybody in bated breath over what he has to say. It’s like his way of telling the Senators, “I have something, and boy oh boy will you love this, but wait, they might go after me after this so you have got to assure me safety.”

I think this safety clause should be made before he changes his mind, lest we suddenly read the papers tomorrow and find that he has flown out of the country.

All of this talk had stemmed from Neri’s appearance in an executive meeting of the Senators who were investigating the NBN Deal.

In an article from Inquirer.net, Neri was supposed to start talking had not someone intervened and allowed him to have legal representation for the meeting, and then Budget Secretary Rolando Andaya appeared and said that he was appearing on Neri’s behalf.

This was when they noticed Neri getting the chills or feeling sick or something. The guy must be really scared with the information he holds.

Pretty much like what i have written earlier, this has become more of like a soap opera where the plot thickens and characters with significant issues suddenly appear.

If the rumors are true, and what he indeed knows will blow up in the executive office faces, i think it is our moral duty to protect and impose upon Neri the moral ascendancy to speak up and correct what he sees is wrong.

Since these hearings will resume, yesterday’s Inquirer editorial imparts some advise on how such hearings can be better handled:

The Senate must review its procedures. The lowest point was Richard Gordon acting like a petulant child, insisting on adding a full hour to the proceedings because he craved television time, when even his usually fractious colleagues had decided to go into executive session. Gordon wouldn’t even give the chairmen of the committees, Sen. Alan Cayetano in particular, the basic respect due a chairman. We have seen many moments of political degeneracy in our recent Senates, but Gordon’s was among the most galling debasements of the Senate. Miriam Defensor-Santiago’s slur on an entire civilization came quite close in disgracefulness.

The Senate has no apologies to make for seizing on the ZTE-NBN issue and following the money, as investigators of Watergate were once advised. They are doing their job – but so badly as to be incompetent. They must learn to ask proper questions, which requires teamwork, and they must show they know as much as – if not more than – wily executive officials trying to prevent their finding out the truth.

But it goes beyond that: the Senate must not shrink from a confrontation with the Executive, not only on the basis for invoking executive privilege, but on its possible intrusion into the executive session.

And if it’s true that ‘GMA allies ready to sacrifice Abalos’, is a premature feeding frenzy worth it? Once you pick Abalos’ political carcass clean to the bone, then what? Or sustain the pressure, and investigate all the way to the top? Update 12:12 pm: however, the Speaker has gone on record releasing his partymates from party loyalty or discipline on this issue, making their choices on whether to sign on to impeachment or not, a “conscience vote.” Since party discipline is the ultimate line of defense, this suggests the Speaker’s implicitly favoring impeachment. The Speaker’s expected to endorse the impeachment complaint to the Committee on Justice this afternoon or tomorrow, which means it could then gather steam, with congressmen trickling in to sign on.

On another note, in Inquirer Current John Nery clarifies some misreported details; this made me review my liveblogging account and whew, at least he wasn’t referring to my (terse) account:

Estrada: you said, Mystery Man was Atty. Arroyo. When did you first see him?

JDV3: earlier this year, Wack-Wack, it was Atty. Arroyo with Abalos, Jimmy Paz, Quirino de la Torre, Ruben Reyes and Leo San Miguel.

Estrada: What were exact words Atty. Arroyo told you?

“Back off,” says JDV3.

Estrada: “Back off” were exact words? In presence of Abalos, etc? I have a waiter friend there, can you demonstrate how it was done?

JDV3: May I use seatmate as model? (giggle) shoves finger in face of Suplico and yells, “Back off!!”

And also, here, my account seems OK, too:

Santiago: I am not interested in that project. For record China invented civilization in the East, but they also invented corruption that’s why these Chinese like inviting people to golf, etc. As officials we know we’re being invited not for our good looks… On record, let me put it on record: I resent being made party to this squabble! You’re just fighting over kickbacks! You’re wasting Senate time! (Santiago leaves Senate)

11:13 Cayetano: Noted.

Speaking of these liveblogging efforts, please refer to Achieving Happiness who also covered the hearing. And Rasheed Abou-Alsamh points out something we should bear in mind:

It is not that often that people in developing countries get to see non-elected government officials squirm on live television while they are relentlessly grilled by elected representatives of the people. And it is a scene that I have never seen happen in an Arab country.

You know, anything can be liveblogged, check out Jalajala Rizal liveblogging a fiesta.

Meanwhile, Carmen Pedrosa continues to find every which way to keep justifying her recent trip to Burma and thus, her role in coddling the junta.

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Manuel L. Quezon III.

414 thoughts on “The Empire Strikes Back

  1. Nash Whether you like it or not, the Philippines is still a COUNTRY OF LAWS not unless we become a Kamote Republic. There’s still such a thing as “innocent until proven guilty.” Of course we have our own way of developing opinions on a wide array of subject matters. If we don’t abide by the very rules that governs the country (whether it’s a working system of otherwise) then we might as well become a country of Anarchy – to each his/her own.

    If you could say the same to Abalos being the Chairman of the COMELEC, I guess we can say the same for the Senators. What LEGISLATION have they already passed and done? (since it’s their primary job by the way) I challenge all the Congressmen/women and Senators to make public all their EXPENDITURES on monthly basis. I don’t think they would allow that now, won’t they? In the game of the Senate and it’s inquiries, they are not CLEAN themselves.

  2. Shaman of Malilipot In that regard, it’s hearsay. But then again, whether that is true or not, Neri would not divulge that for whatever reason he might have (fear for life or what).

    Again, there are a lot of talks. Would be base ourselves on hearsays, talks, and speculations?

  3. Guys, I still don’t see how Gloria will fall because of this. All she has to do is control her cronies and make sure they do nothing to Neri of JDV3. Hello Garci was much more obvious.

  4. how about some football analogy?

    What the administration has been doing is called a “Cover 2” defensive scheme in american football developed by Tony Dungy and elevated to perfection by Monte Kiffin of the Tampa Bay Buccaneers.

    basically, the object of the “Cover 2” is to allow the offense to gain ground but to never allow it to have the “big play” that would result in a touchdown. Basically, shut down big passing plays. It either preys on the mistakes of the offense or hopes that the long drive kills the momentum of the offense.

    The anti-GMA movement is gaining ground yet up to now, they are yet to hit paydirt. Some got really disappointed with the Neri testimony which they hoped would deliver the touchdown. This disappointment is already translating to doubts whether all these would result in ousting GMA before 2010. Some people, probably including Neri himself, already thinks rocking the boat now would be more catastrophic.

    Yes, the opposition has gotten some first downs. However, they are not yet even in the “red zone”. If there is something the Arroyo administration is known for, it is killing the opposition’s drive at the red zone (the Hyatt resignations and the Marine stand-off).

  5. shaman, baka may 200 ka – na halik galing sakin. ay ewan.

    as Manolo said, foker inang buhay ‘to. kelan kaya maghe heads up? at kelan kaya mago all-in ang mga manlalaro? anong mga baraha kaya ang mabu burn? at sino kaya ang tatanghaling foker flayer of the year?

  6. kara, i agree with some of your points (i always liked serge osmena, for example, because he was always extremely polite to witnesses, and boy, did he really do his homework).

    but i really disagree with those who insist on “what laws have they passed” and who view congress as being strictly in the business of passing laws.

    congress involves oversight. it is the political check and balance on the executive just as the executive has the option of viewing silly/illegal/useless/objectionable legislation. congress’ oversight is, arguably, of even greater importance than passing laws. for example, would it be possible to justify a congress that, in its lifetime (3 years) didn’t pass a single law? no, because of the budget. but more than 3 laws? absolutely. there is no point passing unescessary legislation. what if a congress spent its lifetime scrapping law after law (which would require laws)? even better.

    one personal obsession i’ve had is the lack of codifying things. we have laws dating to the philippine commission and no one, i think, can say with certainty if any inventory of laws has been undertaken.

    anyway the point is, investigations are always in order, regardless of whether a law is the result. the manner in which they’re conducted is another matter. i’ve said often enough, here, that senators tend to be small-minded and mentally lazy. but then, the house is much worse. which is why the only way i’d ever contemplate unicameralism is we abolished the house and retained the senate.

    as for reforms as to the manner senators are elected and campaign finance reform, these have been widely discussed in this blog.

    i’d be open to 6 senators each from luzon, visayas, (christian) mindanao, 4 overseas senators (asia, america, europe, middle east), 1 for indigenous peoples and 1 for muslims. or, electing senators strictly by party vote, either through bloc voting or proportional representation.

  7. The Cat gave the clue there.

    I didn’t realize it, but that is the best situation wherein you sacrifice the rook to save the queen. That is the black bishop is pinning white rook towards the white queen, if the rook moves the queen would be taken. The best option will then be to exchange the rook for a bishop.

  8. You know I’ve spent as much time looking at this blog as I am monitoring developments in my assigned markets. Actually, its kind of a “stress relief” activity for me.
    Karlah, i don’t believe you smoke but I’m pretty sure you drink too much Starbucks.
    BrianB, yes you nailed it. As long as she keeps Neri and JDV3 safe from the still unnamed but probably seething, foaming in the mouth, red in the face, and fist clenching machiavellians, she’ll probably sweep this under the rug again. If she does I’ll put her poster in my bedroom, and idol worship her – Donald Trump or even the Enron executives pale by comparison.

  9. brian, i don’t see a fall, either. first, because there’s a consensus, i really beleive, in terms of public opinion: everything must be constitutional. therefore, to eliminate cruella requires an impeachment and that brings up the noliboy bogey (fair or not). and 2010 is close enough so her political opponents are more interested in wounding but not eliminating cruella.

    but… it does make cruella a pretty lame duck because this whole thing has shaken her upper and middle class support. they’d be less inclined to tolerate an extension in office. too many sacred cows have sore udders at this point.

  10. devils, pagdating sa foker ng ina mo, i remember something i once told an elderly lady at a forum we attended last year. i said, you know, we have to be prepared for the possibility the real fight only begins in 2010, if cruella won’t go. the old lady pretended to hit me with her hand bag.

  11. Manolo,

    Under three years, right? You don’t think PGMA is much too smart to be given this much slack and Filipinos much too preoccupied watching local TV?

  12. GMA should give it a rest after 2010, she’ll be lucky if she won’t go to prison. All that is needed is a “Chavit Singson” type and all the Queen’s horses and men will not be able put it all back together again.
    Meantime, I’ll be on the lookout for candidates with a “stage 3” platform (not cancer, cvj’s)

  13. I can be self righteous because
    1. I’m not involved in comelec shenanigans
    2. I’m not involved in influence peddling.

    nash, i too am not involve with the above shenanigans, so i have the right too to be critical of our senators for not behaving the way they’re expected to behave w/ their respected position and instead of saying they lost their cool or acting like showbiz talk show hosts or some gossip reporters.

  14. MLQ3: It’s only the other days I was able to read and browse thru your blog. I got the idea from the Blog of a certain JOVE’s (from ABC5) Blog. So how are you and Justice Cruz doing?

    Being Senators, they should be good examples and not some arrogant prick who thinks he/she owns the witnesses they invite or subpoena.

    I think we all know that the LEGISLATIVE DEPARTMENT (Article VI of the Constitution) has two mandates: (1) TO ENACT and PASS LAWS; (2) TO EXERCISE OVERSIGHT FUNCTIONS vis a vis GOVERNMENT. Don’t get me wrong, I am for both mandates to be fulfilled by the different Congressmen/women and Senators. What I disagree on is the LACK OF RULES on how they conduct their “Rules of Procedure Governing Inquiries in Aid of Legislation.” Let me elucidate

    I do think that when the Senate conducts it’s INVESIGATIONS and INQURIES it can lead to two things: (a) Some issues that might need LEGISLATION or AMENDMENTS to present Legislation and (b) Check and Balance on certain Government Activities on how it performs its duties. The spirit of the Constitution puts empahsis on LEGISLATION (though implicitly also mandates oversight).

    Now, how many times was the GENERAL APPROPRIATIONS ACT bypassed? This alone would make us wonder. Why is there no information on how these SENATORS SPEND their PORK BARREL? (whether they get it or they don’t). You see more than doing their OVERSIGHT functions of which you put premium, it’s not their SOLE JOB, they have other mandates to do other than doing OVERSIGHT every single day of the Session Calendar.

    Why can they afford more time INFRONT OF THE CAMERA durind Senate Investigations yet they can’t convene their respective Committees that also perform LEGISLATIVE and OVERSIGHT POWERS? Tell me since I am sure you’re very familiar of these things. It only takes 2 Senators to have a Quorum in a Committee and yet some Committees haven’t convened yet.

    Is it because it always NICE to be on National TV rather than silenly working on other matters that might be of lessi importance but important for the streamlining of bureaucratic processes anyway?

    I am for an evenly REPRESENTED SEATS in the Senate. It might be by the Major Islands (Luzon, Visayas, Mindanao). It might be Regional (of the different regions. It might even be as you say OFW’s. But another question is that, who would RUN in this type of Senational Elections? It’s the sample people, the same Family names, the same Clans.

    I am made to think: HOW DO WE ELECT OUR ELECTED OFFICIALS? I am utterly frustrated by how the present Senators conduct themselves, by how they handle Investigations and Inquiries.

    Take for example, the CHEAPER MEDICINES ACT which would be very helpful. Where is it now? Will it even see the light of day given the fact that Pharmaceutical Lobby in both Houses is pretty BIG BUCKS BUSINESS.

  15. cvj, thanks. didn’t note that. though it would be quite naive to think that if bloodshed will occur it will be limited, and only the deserving will get it. – DevilsAdvc8

    Which is why i’m not looking forward to it.

  16. grd and nash

    Put yourselves in their shoes, imagine with one golf game, or night of wining and dining you get to hold Usd100M in your hands. Christ, you can live off the interest until you die! The true test of self righteousness is when you are in the situation but you still chose to be poor.

  17. hirap naman sa mga tao dito sala sa init sala sa lamig. magagaling mag second guess palagi. puro conspiracy theories. dati ang sabi walang delicadesa ang mga opisyal dahil walang nagreresign. ngayon naman nagresign si abalos, binatikos pa rin giving his action another spin naman. isn’t it admirable what he just did? nobody has done that for a long time in this country (somebody who’s involved in a highly publicized controversy). now, here’s the chance to file a case against him in court. a test case against gloria too.

    some commenters here are so disgusting. can’t accept it when other views are different from theirs and resorting to personal insults. such hypocrites.

  18. Ramrod Yes, I do drink Starbucks Coffee but only on weekends. If and when I smoke, I’d choose CIGARS, Cuban that is. At least a CIGAR could go a long way rather than contend myself with those thin “cigarrettes.”

  19. Karah,

    1) “Sec, may dalawang daan ka dito” “pasulong at paatras”, that is common sense. And what was the golf invitation of Abalos to Neri for? “Sec, may dalawang daan ka dito”, “yung dating daan at yung bagong daan”; your brand of common sense is really quite uncommon;
    2) Talking about projects and contracts, did you not hear what the NEDA approved? it was not the project, it was the COINTRACTS? Yung tanong lang ay kung ilang coins napunta sa mga “commissioners”.
    3) Have you heard about the right to information on matters of public concern? what are the exceptions? you think what happened the last hearing was a matter of national security? or the joker’s privilege?
    4) Oh, for one so concerned about the facts, why is your first reaction against the media and those who gained media mileage and not about ferreting out the facts? i am sure with your uncommon sense, you can contribute some questions that maybe of use to the senators. But such reaction sounds more like this government’s reactrion to allegations of corruption — that there is no corruption here — instead of let us investigate.

  20. I never believed abalos to be innocent…. to put it bluntly, he seems very guilty of bribery or the attempt thereto. He will have his time to present his case in court. JDV on the other hand raised this buzz to get attention on himself when he could have brought a cse aginst abalos on the very firstrnstance, which he did not!!! ( Why is that)… Your guess is as good as mine… Yet what the whole hullabaloo is all about, is that the senators in its inquiry and investigation in aid of legislation (daw)!! is so full of their grappling for media time and exposure. That it is glaringly apparent that they don’t know what to do!!! Accdg to Gordon… he asked what was the objective of the inquiry before it started, he never got a clear answer from the chair…Mar Roxas finally clarified on the second day that the inquiry was to investigate where the lapses in the procurement process are!!!! With what Mar roxas said, What did the questions of Jinngoy and Pimentel lead to? What was the salient points intended to be raised in the inquiry? where there any??? It only proves the mediocrity of the senators .

    On another point…. Senators or some of them are lawyers… They should know that it is basic that to be in a Committee investigating any issue, They should, at the very least, appear IMPARTIAL… sadly none of them were or were ever… Do our senators really know what they are doing?

  21. Beancurd (1) Your common sense as you claim borders on HEARSAY, SPECULATION, and TSISMIS (are you a guy who believes on such things? ewwww). Were you there? Could you corroborate who is TELLING THE TRUTH and WHO IS LYING? Huh? This is a crystal clear case of a Pinoy who loves TSISMIS 😀

    (2) NEDA BOARD does not ASSESS CONTRACTS. It’s in their mandate. Have you even read the Mandate of NEDA. I don’t know if you’re plain stubborn or naive. You better read some more. Don’t make your own LEGAL MANDATES like you have any idea what you’re talking about.

    (3) Ahhhhh. Now do you know the definition of EXECUTIVE SESSION? I think what I wrote was pretty clear regarding the RULES OF THE SENATE on EXECUTIVE SESSIONS. It’s not a matter of who’s PRIVILEGE it was. THE RULE is the RULE. Not unless you’ve a person who’s fond of breaking rules to suit your own end then I would understand why your reasoning is like that.

    4) Where there is SCOOP media follows. Is the SENATE the only venue to as you call “ferret out the truth?” Have you even heard of another Branch of Government called JUDICIARY or just now? The Senate can only do as much. It does not even have the power to PROSECUTE – it can recommend filing of cases, that’s all. If there are matters that BORDER on CRIMINAL ACTS (with CIVIL LIABILITIES), the proper venue is the COURTS not the LEGISLATIVE BRANCH of GOVERNMENT. Do I need to explain this further to you?

    It’s so easy to ALLEGE, to ACCUSE anybody especially in the Senate there’s some form of “immunity” accorded to certain individuals. You tell me, who DECIDES if there a CRIME COMMITTED, the Senate of the Courts?

  22. brian, devils:

    i think the baseball analogy you refer to is a “walk”; where the pitcher, knowing there are other players on base, throws successive balls to make a player that they perceive as a home run hitter not to get his turn at bat because he’s liable to drive the other players on base home. this is usually done if they also know that a weak batter will be on deck next. the good player gets to first base and the weak player is put to bat where the pitcher has a better chance to strike him out. 😀

    i suppose the analogy is pretty apt.

  23. karah, don’t forget we have a government by public opinion, as in all democracies. and that grandstanding may work sometimes, but can also boomerang, too, which is also the kind of cosmic check and balance society has on politicians.

    recall that every televised hearing is a committee hearing, sometimes even combined ones (zte is 3 committees conducting hearings jointly). i agree with you 100% that they’re disorganized, sloppy, and rude. all the real information was produced in the first 2 hours or so and the extra 9 hours were pointless.

    but then, the senate’s style is no different from the way many meetings are conducted here at home.

    also, i wouldn’t know which committees do and don’t meet, but again, perhaps some don’t need to, and so, they don’t.

    i agree re: transparency in spending and most especially, in the process of legislation, it’s difficult to track a bill as it makes its way through the legislative mill. ditto, the budget.

    personally i want non-stop coverage of all senate sessions (and the house too) so the citizen has the option to tune into the senate at any given moment to spot check on who’s there and what they’re doing. just as i beleive kids should be obligated, every so often, to visit congress and watch a session.

  24. cjv, and in what form would that help be? i’m sure it’s a patriotic act like “blogging” (anti-gloria and anti-elitist theme).

  25. mlq3,

    I like it that way also and to suggest that not just ordinary kids, but those belonging to the top of their class, rich and poor.

  26. Karah,

    Yes, the senators didn’t exactly do a good job.

    If they handled the Enron Case, it would still be alive today fleecing pensioners.

  27. MLQ3 I am not so sure whether this “Public Opinion Mechanism: in society does work. If yes, why then there are a lot of RECYCLED POLITICIANS? (across the board). This is true not only for the Senate but for the Lower House and the LGU’s as well. Maybe some Politicians suffer the consequences in one term but the next Elections, that Politician gets an Elected position again. I am sure you know what I’m talking about. I am made to think at times that it’s just a CYCLE – the Opposition now becomes the Administration later on then vice versa. All the same persons vying for the same positions over and over again.

    Yes, the questions become REPETITIVE and some Senators become BROKEN RECORDS. There seems to be a vaccum in the “Research Staff” of the Senators. I know there’s no such thing as a perfect Hearing but at least some DECENCY, ORGANIZATION, and WORKABLE SYSTEM would be much appreciated by the very Public that gives them their SALARY and their KICKBACKS (though without the consent of the Taxpayers, :D).

    Regarding Committees, there are 36 Standing Committees and 21 Ad Hoc/Oversight Committees. All in all there are 57 Committees with 24 Senators. I wonder, was there a time they thought of STREAMLINING the Committes like scrapping some and integrating them with the others? Or they don’t do it precisely because each COMMITTEE has it’s own BUDGET. And BUDGET means $$$$ whether the Committee functions or not.

    I don’t think a LEGISLATION that would open the books of the Senators and Congressman/women for that matter vis a vis their Expenditures would see the light of day. It would be met with a lot of opposition. There’s also no mechanism to easily locate BILLS and RESOLUTIONS.

    Your suggestion might be addressed if the Government utilizes its resources for Broadcast. I don’t understand why Government owned TV Networks are either USELESS or FINACIALLY BLEEDING. Maybe one channel could become a broadcast station for purely Sessions in the House and Senate, even some Landmark cases in the Supreme Court and some Cabinet Meetings (the latter I think is being done occasionally).

    Even in terms of attendance, there are a lot of Congressmen/women who are either tardy or absend most of the time. I am not sure with the Senate.

  28. Nash The only way to speed up the process is that after the Senate investigates, they can recommend to fast-track CRIMINAL LIABILITIES thru the OMBUDSMAN or thru the concerned PROSECUTOR’S OFFICE.

    They should STICK TO THE ISSUE then do their job. I would even support good cooperation between the Senate and the Ombudsman and cooperation between the Senate and the DOJ.

  29. Karah,

    I’m glad you drink Starbucks only on weekends, at least thats something about you in moderation. Please switch to cigarettes (filters) specifically manufactured by Philip Morris and Fortune Tobacco, they’re less harmful to your lungs, you don’t smell too bad, and you’ll be helping me in my job (paper used in softpacks). You can be a formidable opponent in a debate but I’m sure when you commit yourself to something you believe in, you go the extra mile just to see it through. Imagine this, a Philippines following the “Singapore” model. Not easy, extremely herculean – but not an impossibility. This takes us to stage 1.

    About Stage 1 socialist reforms (land reform and industrial policy). I don’t think this is something new, its a matter of semantics really. Take away the “taboo” word “socialist” stick with “Land Reform” and Industrial Policy. I believe there is a provision in the constitution for Land Reform – if I remember Meriam Santiago was once appointed to this position (please correct me if I’m wrong). If she was, I wonder why a genuine land reform was not implemented, she’s supposed to be our resident “dragon lady?” She could’ve started with Hacienda Luisita. Industrial Policy, cvj can you expound on this please? I don’t think we need a bloody revolution for this only “political will.”
    I believe we should have an “end in mind” then proceed to form or organization, then to personalities – putting names in the organizational chart, our “dream team” if you like.

  30. grd, yeah blogging is part of it, but the other part is reading and listening so i can learn more and keep myself informed on issues that matter.

  31. hey what does “your comment is awaiting moderation” mean?
    I only tried to explain stage 1

  32. karah, that’s a good idea about utilizing govt owned tv networks and maybe radio stations too to cover legislative, judiciary as well as the executive sessions/activities. it will surely help educate the electorates and help the people find out who are those public officials doing their jobs and those who are just sleeping.

  33. “find out who are those public officials doing their jobs and those who are just sleeping.”

    There was a study of sorts on attendance re the senate, I believe Jamby was one of those perenially absent.

  34. ramrod, I’m simply referring to the disgusting conduct of our senators during the investigation and not about those zte players. on the other hand, is there such a person out there specially public officials who will choose to be poor these days when faced with say USD100M?

    what does “your comment is awaiting moderation” mean?

    it means mlq3 has to approve your comment. maybe you included a link in your comment.

  35. grd,

    I agree with you on that, for one they should have come in prepared, (my post graduate classmates could’ve done a better job), two, they needed a lesson in effective persuasion, three, they should’ve reigned in their egos -Dick Gordon, I didn’t like the way he treated the committee chairman. I used to admire the guy even though I had the bad experience of going against his favored supplier in a bidding for X-ray for Subic (a long time ago), three, some of them lacked credibility to be involved in such a hearing ie Jingoy – he was also linked to the smuggling issues in customs in his father’s time. Basically, it defeated the purpose but then if the purpose was for the media to generate air time and sell newspapers – it served its purpose well.
    Frankly, if I was also offered Usd100M, my imagination would run wild with so many schemes of “how to get away scot free” with it not to mention as many rationalizations to make what I will be doing acceptable to my conscience.

  36. “if the purpose was for the media to generate air time and sell newspapers – it served its purpose well.” ramrod

    yeah, it seems that’s really the intention of our “good” senators to get media mileage out of this latest brouhaha. arrogance is the name of the game now in the senate. no wonder they’re being ridiculed and lambasted from all quarters.

    “Frankly, if I was also offered Usd100M, my imagination would run wild with so many schemes of “how to get away scot free” with it not to mention as many rationalizations to make what I will be doing acceptable to my conscience.”

    hahaha. you made my day. 🙂

  37. Justice in waiting said, “Let’s not be technical as to the amount or currency of the Bribe. The bribe itself is a crime in this case, be it any currency or in any amount.”

    Right! I told grd pretty much the same thing over in a previous thread, NOT TO DISMISS bribes just because they are “barya”. That’s how corruption snowballs big time!

  38. The Senate has been really unimpressive, to say it nicely.

    But why is the media just fueling the fires? Again? Rather than seperate fact from fiction, it seems the media is willing to run with every rumor, innuendo and wild accusation. In fact, sad to say, I’ve been seeing “reporters” and “anchormen” creating their own scenarios on tv and then treating their theses as valid “stories” which need to be fleshed out. Amazing.

    Instead of getting sifted, unadulterated info…we get distortions and conspiracy theories.

    The Senate and the media are dynamic bedfellows…but after all the fireworks, screaming and contortions, they don’t seem to create an offspring with legs. Mirrors, heat and lights…then zero. I’ve seen this movie several times now. I know the ending, too.

  39. Take two – the following should have been the more decent script:

    Abalos: Sec me 200 ka dito.
    Neri: What?!?! you trying to bribe me?? What do you think of me?? I only act based on merits!! (leaves off in a huff)
    ..later…
    Neri: Madam Pres, Abalos tried to bribe me over the NBN deal.
    GMA: What?!?! Abalos tried to bribe you?? Don’t do or say anything in the meantime, lets keep it discreet but I will check it out immediately. Stay put and await further instructions.(orders immediate investigation in a huff)
    ..later…(as deal is investigated discreetly in detail)…
    GMA: Whats this about you offering Neri a 200M bribe?
    Abalos: No, no Madam!..I was just talking about his golf score, for christsake!

  40. “You know I’ve spent as much time looking at this blog as I am monitoring developments in my assigned markets. Actually, its kind of a “stress relief” activity for me.”
    ———–

    Ramrod,

    For more than a year, its works the same way for me. despite my hectic sked contractor ( yes, karl, Im into construction and designs where I can use my matsci and eng background)I never fail to take a look at this blog especally when I am drafting a design in my PC doing my online studies. I even visit this site during my short break time in the project site. It is stress relieving kahit yung mga bangayan.

    I also feel its a way of connecting to the people back home. The same that I never miss going to Baryo Videoke Resto ( with Pinoy Band on the weekends) in Roosevelt Av every week end. I think it helps bring back my sanity after a crazy week. Just to be able to speak tagalog with people around you pagkatapos mong mabubulol bulol sa keenglis the whole weekdays is already good relief for me.

  41. One of the former bosses in the company of the company I worked for in Europe who was in charge of a big unit in the company, used to say loud and clear that “Everybody has a price.” (Sort of name your price or government officals can be bought, etc.)

    Well, it didn’t take long for him and his salesmen to commit an error, his unit was slapped by OECD with a hefty fine, forbidden to participate in any bids in the Asian country where the bribing of foreign officials took place, the boss and the regional sales manager (both Europeans) were personally made to pay hefty fines, were put on the OECD black list, they were then sacked by the company but it didn’t end there: the European country’s justice system slapped them furthermore with a suspended 12 and 18 month prison sentence respectively. The assets of the Asian country’s officials found in Europe who accepted the bribe were frozen and were declared persona non grata, i.e., they are barred from entering the EU for a number of years.

    ZTE officials, just because they are foreigners or belong to a foreign commerical entity must not be spared if investigations into the NBN deal are pursued.

  42. Pero dahil nga madalian ang pag post ko ng comment, I always cringe everytime i reread my comments pag nagrereply. Its always full of syntax, spelling,and gramatical erors even non sequitors. Nakaktuwa lang na wala masyadong pumansisn sa mag errors na yun kahit ang mga mahigpit kung kabangayan dito like CVJ and Manuel.

    Oh BTW, karah, ganyan lang talaga si Manuel Buencamino. He has his “style” of replying to comments pero Ok pa rin naman syang kabangayan dito.

    I encourage you to post more comments though. Just brace your self for the “gangbang” everytime your opinon differs from them. And more of topic In the end you will just enjoy it. Been there than that… di ba Bencard?

  43. Used to be easy for foreign companies to deal with Asian governments but not anymore – OECD has strengthened the rules and regulations against corruption.

    Corporate top officials are themselves liable for corruption charges and risk going to prison if or when bribery or corruption to land a contract with a foreign govt’s officials is proven.

    Since 1998, things have become tough for European companies dealing with Asian govts.

  44. Rego Well, I know how to play mind games with people if they play that game with me. 😀 I really don’t know these people. If they agree to my opinion, fine. If they don’t, fine.

    If people stick to the issue, I will stick to the issue. If people want some mudslinging, well I’ve got no problems with that.

    I’m just playing, nothing serious that might cause some of the people in here some chest spasms .

    Needless to say, it’s a Filipino attitude for some people to gang up on one person like bees. Very typical. I am not surprised at all. 😀

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