Ellen Tordesillas

These blog articles were posted here with permission from Ms. Ellen Tordesillas. Pls. visit her website www.ellentordesillas.com
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A grand setup in the making

Let us beware. Let us not be lulled into another legal shortcut by Gloria Arroyo.
Things are jelling:
A top military official recommended that the declaration of martial law in Maguindanao be extended to cover the May, 2010 elections.
Major General Gaudencio Pangilinan, vice chief of staff for operations,
said the extension would be needed to allow government troops to hunt down more suspects in Maguindanao massacre ..

http://newsinfo.inquirer.net/breakingnews/nation/view/20091206-240492/AFP-official%E2%80%93Keep-Maguindanao-martial-law-till-polls

We should learn our lesson from what happened in January 2001 when we closed our eyes or even aided her in grabbing power from an elected, although incompetent, president.
Since then, she has made a mockery of the Constitution and perverted democratic institutions. And we allowed her. She got away with subverting the will of the people in the 2004 elections. She got away with multi-billion scandals. Why then would she stop?
Last Friday, she issued Proclamation 1959, another proof of her contempt for the law and condescending attitude towards the Filipino people. If she gets away with 1959, she would be encouraged to impose Martial Law in the whole country.
Proclamation 1959 declares a state of Martial Law and suspends the privilege of the writ of habeas corpus in the province of Maguindanao.
The Constitution provides only two grounds for the imposition of martial law: rebellion and invasion.
Rebellion is defined in the revised Penal Code as “rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof…”
Invasion is entrance of an armed force into a territory to conquer. Surely, there was no invasion by foreign forces.
Proclamation 1959 is supposedly to restore order in Maguindanao caused by the massacre perpetrated allegedly by the Ampatuan clan, political allies of Arroyo. In 2004, the Ampatuans helped Arroyo tamper with the results of the 2004 elections in her favor. In 2007, the Ampatuans also helped some of Arroyo’s candidates become senator.
In the Nov. 23 massacre, 58 persons were killed identified as members of family and supporters of the Mangudadatu clan, political rivals of the Ampatuans but also allies of Arroyo. Thirty-one of those killed were members of media. Others were innocent motorists who happen to be in the area when the abduction happened.
The charges filed against Mayor Andal Ampatuan, Jr., who was identified by witnesses as the one who directed the massacre, was murder by several counts. It was not rebellion or invasion.
As correctly pointed out by Rep. Didagen Dilanggalen (Maguindana0, 1st district), the Ampatuans are allies of the Arroyo government. They did not take up arms for the purpose of removing allegiance from the Arroyo government.
Proclamation 1959 provided an exception. It states that Martial Law is not operative in areas identified as territory of the Moro Islamic Liberation Front, which advocates secession.
The irony of the exception was not lost on a Muslim lawyer who quipped, “The Philippine Government declared martial law in Maguindanao to quell rebellion except in places where there are rebels.”
The Supreme Court took exception to “whereas” number five of Proclamation 1959 saying “that local judicial system and other government mechanisms in the province are not functioning.” Lawyer Midas Marquez, Supreme Court deputy court administrator and spokesperson said that the cases filed in the Cotabato trial court in connection with the Maguindanao massacre continued to develop over the past days. Search warrants out of the Kidapawan regional trial court also made the police raids on the Ampatuan houses possible. “This is far from a picture of a non-performing judicial system,” he said..
Justice Secretary Agnes Devanedara has come up with another tack: “brewing rebellion.”
What Constitution are Malacañang legal advisers using? The 1935 Constitution?
The 1935 Constitution, has included “imminent danger thereof” as basis for declaration of martial law in addition to invasion, insurrection and rebellion. But “imminent danger” has been removed and dies not appear in the 1987 Constitution.
The Philippine National Police yesterday reported another seizure of high powered guns and arrest of 47 persons led by the patriarch of the Ampatuan clan, Maguindanao Governor Andal Ampatuan Sr.
The PNP press release said, “Those arrested and undergoing investigation for involvement in armed resistance against the government as indicated by the massing of forces in several towns, mobilization of local government employees for a stand-off with government forces and stockpiling of weapons.”
So, the case is now “armed resistance”. What happened to the murder charges?
One discerning lawyer/blogger, SaxnViolins, said,” Stroke of evil genius na naman.The government has a less than weak case for rebellion against the Ampatuans.Is this a setup for an acquittal?”
There were talks the past few days of an ace still being held by the Ampatuans against Arroyo: the original copies of the 2004 Election Returns and Certificates of Canvass which would prove Arroyo’s biggest act of thievery. With the sweep of Maguindanao by the military and police, chances are the election documents are out of the hands of the Ampatuans.
There was also an observation by one of those in touch with the Ampatuans of their reluctance to use the 2004 election cheating as leverage.
Gloria Arroyo, the evil genius, is shooting several birds with one stone. Her allies, the Ampatuans get away with murder, the evidence of her crime is destroyed. Next: martial law in the whole Philippines.

CHR taps Peruvian Forensic Expert

The Commission on Human Rights is availing of the services of two international experts on investigation of human rights violations to help probe the Maguindanao massacre that killed 57 persons, the worst election-related violence in a highly volatile Philippine elections.

Human Rights Chairperson Leila de Lima said the commission has deputized Peruvian Jose Pablo Baraybar, a forensic anthropologist who helped convict former Peruvian President Alberto Fujimori for mass murders, to initially ” make crime scene on-site assessment and evaluation.”

She said, “If Dr.Baraybar recommends the exhumation of the bodies for further investigation, we will coordinate with relatives and proper authorities for that.”

De Lima said Baraybar will be assisted by British Chris Cobb-Smith, a seasoned inspector and investigator in trouble spots all around the world. “Smith’s expertise is relevant” to our investigation of the November 23 carnage,” she said.

De Lima will be meeting Baraybar and Smith in Cotabato today together with lawyer Harry Roque, chairperson of Center for International Law, which sponsored the trip of the two human rights experts to the Philippines. Center Law is a member of the Southeast Asia Media Defense Network, which is actively supporting the search for justice for the 32 journalists among the victims of the massacre.

De Lima said Baraybar, who will be working with Filipino forensic expert Rachel Fortun, has conducted workshops with CHR investigators in cooperation with CenterLaw early this year and she is impressed with him.

Baraybar is head of Peruvian Forensic Anthropology Team (EPAF) that helped secure the conviction of Fujimori for his role in two massacres in the early 1990s.

In a historic decision April this year, Fujimori was sentenced to 25 years in prison for ordering the killing of 25 Peruvians. Fifteen of the victims were shot at a barbecue in the Barrios Altos area of Lima. Another 10 were abducted in 1992 from La Cantuta University and later killed.

More than 69,000 Peruvians lost their lives during the country’s 20-year struggle between the two insurgent groups, Shining Path and the Tupac Amaru Revolutionary Army, and the government. About 15,000 people disappeared. The majority of the bodies have yet to be recovered and identified.

Baraybar has also participated in the investigation of mass murders in Rwanda, Bosnia, and Kosovo.

Smith is with Chiron Resources, a London-based firm which specializes on “hostile environment support”

Smith served for nineteen years in the Royal Artillery and as a Commando Battery commander, deployed to Kurdistan in support of the 1991 humanitarian mission. After leaving the British Army, he was recruited in 1996 by the Foreign & Commonwealth Office for secondment to UNSCOM as an Iraq Weapons Inspector and Operations Officer. He was appointed Chief Inspector conducting investigations into proscribed weapons programs and suspected concealment.

He has served as liaison officer to the Kosovo Liberation Army (KLA), mediating prisoner and body exchanges. During the NATO in the Balkans he advised and escorted journalists and camera crews covering events in Macedonia, Albania and Kosovo.

Smith has also conducted investigations into a number of high-profile human rights and humanitarian law violations, primarily in the Israeli Occupied Territories and those controlled by the Palestinian Authority. Foremost among these were the deaths in 2000 of a BBC driver/fixer Abed Takkoush and in May 2003 of director and cameraman James Miller in Rafah, Gaza.

Oct. 27, 2009
CHIZ DEHADONG KANDIDATO
Bukas (Oct. 28) na raw ang deklarasyon ni Sen. Francis “Chiz” Escudero para sa kanyang kandidatura para presidente.

Dapat matuloy na itong kanyang deklarasyon dahil sa kanyang kaka-postpone, akala tuloy ng marami hindi na siya matutuloy. Lalo pa ang kanyang original political team na kinabibilangan ni dating senador Serge Osmeña, advertising executive na si Yolly Ong, at political adviser na si Malou Tiquia ay umalis na sa kanya.

Ang asawa kasi ni Osmeña ay si Bettina Lopez. Siyempre kapag Lopez, Noynoy Aquino yun. Malaki ang utang na loob ng mga Lopez kay dating Pangulong Cory Aquino, na ibinalik sa kanila ang Meralco at ABS-CBN na kinumpiska ni Ferdinand Marcos nang siya ay nagdeklara ng martial law.

Ang sabi ng isa sa grupo ni Chiz, sabi raw ni Yolly, kaibigan raw yata niya sina Aquino o ang kanyang mga adviser. Nang mawala na ang mga kasamahan ni Malou, sumunod na rin siya.

Tinanong ko si Malou kung lilipat din siya sa kampo ni Noynoy katulad nina Serge Osmeña at Yolly Ong. Sabi niya, “I will be above the fray.” Ang pagka-intindi ko hindi siya sasali sa ibang kandidato.

Si Lito Banayo ang bagong campaign manager ngayon ni Chiz.

Ang pagka-alam ko ang isang dahilan kung bakit na-antala ang pagdeklara ni Chiz, maliban sa kalamidad, ay ang kanyang bise –presidente. Gusto kasi ng Nationalist People’s Coalition ay si Sen. Loren Legarda na miyembro din ng NPC. Siyempre kailangan kumbinsihin si Loren na bumaba sa pagkabise na ginawa naman niya noong Biyernes.

Kaya lang naman sobra naman ang arte.Hanggang ngayon hindi niya sinasabi kung kanino siyang magiging bise. Nandiyan yung nililigawan daw siya ng kampo ni Defense Secretary Gilbert Teodoro ng Lakas-Kampi. Kinukuha daw siya ni Sen. Manny Villar ng Nacionalista Party.

Ang dating ay mukha yatang nagpapa-presyo si Loren. Pangit ang dating. Kahit ba marami ang nag-aalok sa iyo. Pipili ka dapat base sa prinsipyo, kung sino ang kandidato sa pagka-presidente na angkop sa iyong prinsipyo dahil bise-presidente and iyong tinatakbuhan. Dapat ang tumatakbo para presidente ang may programa at susuportahan yan ng bise- presidente.

Kaya humanga ako sa Samahang Magdalo sa kanilang desisyun na si Escudero ang susuportahan kahit na sa ngayon ay dehado si Chiz. Alam naman ng lahat na sinusuyo sila din sila ng Liberal Party.

Sabi ni dating Air Force 1Lt Ashley Acedillo, ang kanilang batayan sa pagpili ay character, vision, at leadership at lamang si Chiz kina Noynoy, Villar at Erap.

Paliwanag sa akin ng isang Magdalo na opisyal: “Bago namatay si Pangunong Cory, at si Mar Roxas pa ang kandidato ng LP, sinimulan na nila ang pagtimbang ng mga mga presidentiable. Nang namatay si Cory, hindi naman naalis o nag-iba ang mga katanginan nay un ng mga presidentiable. Nawala lang si Mar Roxas sa kumpetisyun. Pinalitan ni Noynoy. Kung leadership ang pagbabatayan, mas lamang nga si Mar kay Noynoy.”

Oct. 23, 2009
ARMM: Vote Reservoir
Last Wednesday morning, the last day of our three-day seminar-workshop in Cagayan de Oro on “Preparing for the 2010 Election” organized by the Philippine Press Institute and supported by The Coca-Cola Export Corporation, Carol Arguillas and Froilan Gallardo of Mindanews, were nowhere to be seen.

The day before, Carol made a presentation on “Elections and Peace in Mindanao” which disturbed many of us.

We were told that Carol and Froilan had to leave for Marawi City in Lanao del Sur early morning because of the incident of grenade explosion Tuesday afternoon that killed three and injured about 20 persons. We saw Carol and Froilan in the afternoon looking weary, from the interviews they did with the injured and other witnesses to the explosion.

The two shared with us what they have gathered on what obviously was an election-related violence:

A grenade exploded near the Comelec office at the City Hall of Marawi while a registration of voters was going on. Those who were lining up for registration came in two vehicles (Armak). They came from Linamon, Lanao Norte. Most of them were Christians but were given Maranao names to register.
Carol also said there was a 15 year old girl and another 14 year-old among the registrants.

They were reportedly promised P1,000 each and were given advance payment of P100. I imagine that the P1,000 is only for registration and when they would be voting on May 10, 2009, there would be another payment.

So it looks like a case of flying voters.

Mindanews quoted Fr. Chito Suganub, vicar general of St. Mary prelature and member of the Parish Pastoral Council for Responsible Voting (PPCRV) based in Marawi as saying, “this pre-election violence is a sign that 2010 poll will be violent here because (politicians) are serious to gain power.”

The governor of Lanao del Sur is Mamintal Adiong. It is being talked about that the position will be contested in 2010 by former Marawi mayor Omar Ali Solitario, a member of the Moro Islamic Liberation front.

Father Suganub said, “Since politicians can’t cheat in the counting because of the modernized system of voting, there are those who attempted to gather flying voters to defeat opponents. Or there are those who are sowing fear too through violence so that voters cannot vote.”

Carol said she was told twenty of the 56 who were in the queue had already registered when the grenade exploded.

She said that’s only for one day. The registration had been going on for months and there are still 10 days to go. She said it’s possible that that has been going on the past months and weeks. The Comelec apparently tolerates it and the PPCRV, the election watchdog, turns a blind eye to it. Last Tuesday’s flying voter operation would have gone on without a hitch if not for the explosion.

The Oct. 20 Marawi incident merited only a small item in Manila newspapers.What the people does not realize is that, the incident underscores one issue that has been side swept by the public’s enthusiasm for automated election: the integrity of the voters’ list.

Smartmatic’s Miquel Avila, presentation and demonstration coordinator, who was in the Cagayan de Oro seminar with Comelec spokesman James Jimenez, stressed that the election process – the voting, counting and canvassing- is what is going to be automated. What is not automated, he said, is the registration of voters.

Comelec keeps telling us the the list of voters are being purged. But what kind of purging is that when busloads of voters from another town is registering in other towns.

In her seminar presentation, Carol said before Zaldy Ampatuan became governor of the Autonomous Region of Muslim Mindanao, notoriously known as “reservoir of votes”, there were only 22 towns. Now, there are 33. People are not even sure how many people compose those new towns. Residents there are not even sure who belongs to those towns. Some people call them “ghost towns”.

What is being feared about is that, those ghost towns will have their precincts with their set of “ghost” registered voters. What would happen is that, the candidate who would not be winning in other parts of the country can go to the ARMM and buy the votes they need from the politicians who wield the power there.

Gloria Arroyo did that in 2004. In 2007, every was surprised when Miguel Zubiri topped the senatorial special elections in Maguindanao which gave him the 12th slot currently being contested by Koko Pimentel. It can happen again in 2010 election even with the automation.

No ‘failure of elections’ even if automated system fails–Comelec

Posted: 22 Oct 2009 07:26 AM PDT

by Luz Rimban
VERA Files

The Commission on Elections has ruled out the possibility of a failure of elections if the still untested automated system fails in the May 2010 elections.

Instead of declaring a failure of elections, however, Comelec will simply declare a “failure of the project” and revert to the manual system.

Comelec spokesperson James Jimenez assured journalists who attended the recently concluded Philippine Press Institute workshop on covering 2010 automated elections in Cagayan de Oro City that there won’t be a “failure of elections” scenario that some critics fear could lead to a political crisis.

“We will resort to a manual count,” Jimenez said in answer to questions that hackers could tap into the system and manipulate the vote count that could result in discrepancies in tallies

Sampal sa mukha ni Gloria

Sampal sa mukha ni Gloria Arroyo ang ginawa ni Prime Minister Shaikh Khalifa bin Salman Al Khalila ng Bahrain na sa ABS-CBN Foundation binigay ang kanilang P25 milyon na donasyon para sa biktima ng bagyong Ondoy.

Nagmukhang tanga ang pamahalaan ni Arroyo sa turnover ng donasyon noong Biyernes. Biruin nyo sinamahan ni Amable Aguiluz V, Aguiluz, ang special envoy ni Arroyo sa Gulf Cooperation Council, ang sugo ng Bahrain Prime Minister na si Ambassador Yousif Adel Sater sa pagturn-over ng donasyun kay Gina Lopez, managing director ng ABS-CBN Foundation.

Kung matino ang pamahalaan ni Arroyo, dapat sa Malacañang ang turn-over ng donasyun.

Mabuti nga nagkaroon ng United Nations Flash Appeal para sa Pilipinas. Doon na pinapadala ng mga ibang bansa ang kanilang donasyun para sa biktima ng “Ondoy” at “Pepeng”. Bago yun, sa Philippine National Red Cross binibigay ng ibang bansa katulad ng Estados Unidos, ang kanilang donasyun.

Umabot na ang cash na donasyun na natatanggap ng ABS-CBN Sagip Kapamilya sa P171.6 milyon. Donasyun naman ng mga damit, pagkain at iba pang mga gamit, umabot na sa P133.2 milyon.

Sa kailang report, umabot na sa 473,386 na pamilya ang kanilang nasilbihan.

Ito ay nagpapakita na matulungin ang Pilipino ang marami rin tayong kaibigan na malaki ang puso basta lang alam nila na pupunta sa talagang nangangailangan ang pera at hindi sa bulsa ng mga ganid.

May basehan naman ang pagdududa ng mga tao lalo na nahaharap tayo sa eleksyun. Hindi natin nakakalimutan ang sobra dalawang bilyun na perang para pambili ng abono ng mga magsasaka na ginamit ni Arroyo sa pandaraya at pamimili ng boto noong eleksyun ng 2004. Pati pa ang bilyun-bilyun na pera na Road Users tax na sana ay pamapaayos ng kalsada. At pera rin ng Philhealth.

Mahaba ang listahan ng pera ng taumbayan na kinurakot ni Arroyo at ng kanyang mga alagad.

Kaya maarami ang nababahala sa P12 bilyon na calamity fund na inaprubahan ng kongreso para ayusin ang mga nasira ng bagyong “Ondoy” at “Pepeng” hindi lamang ang mga kalsada at mga building kungdi ang kabuhayan ng mga biktima.

Sabi ni Press Secretary Cerge Remonde may binuo raw na cognressional oversight committee na magbabantay ng paggamit ng pera. Naloko na. Mga senador at mga congressman ang magbabantay ng pera para sa nasalanta ng bayo? Yari tayo dyan.

Sept. 21, 2009

ARROYO TRIES ANOTHER TACT TO STAY LONGER
I’m glad that Comelec Chairman Jose Melo accepts the possibility that automated elections may not take place in many parts of the country on election day.

Last Wednesday, a week after the Supreme Court upheld Comelec’s claim that they are fully capable of a nationwide automated elections despite questions raised by the Concerned Citizens Movement on the legality their having skipped the required testing of the contracted system, Melo said, “Aside from preparations for poll automation, Comelec is also preparing for manual elections sa mga liblib na lugar (in remote areas), provinces with no electricity, and would have issues in electronic transmission. We are ready for manual polls in at least 30 percent or 50 percent of the country as a last contingency measure in case the contingency plans for automation are difficult to implement.”

I don’t know if Melo’s admission of lack of electricity in many areas of the country has something to do with the warning of Energy Secretary Angelo Reyes of a power shortage next year, during election period.

Although they lost the battle in the High Court, CCM’s Harry Roque felt vindicated by Melo’s statement. “That is exactly what I said during the oral arguments. I argued that we can possibly automate only up to 70 per cent without experiencing a grand failure of elections.”

Roque said they have argued for partial automation which Melo now admits is a distinct possibility.

Roque now asks: if only 70 per cent of the May 2010 elections is automated, will that be taken into account in the payment of P7.2 billion to Smartmatic/Total Information System which won the contract to conduct the full, nationwide automated elections?

“If partial automation will be implemented, then the payment to Smartmatic should be reduced accordingly. The COMELEC should fix the amount and the terms of refund now, otherwise it will become very difficult to claim the refund if they do it after the election,” Roque said adding that
Smartmatic-TIM should be returning between P2.22 Billion and P3.7 Billiion.

Ferdinand Rafanan, head of the Comelec’s legal department, discounts that possibility but if it happens, he said, there would be “penalty under the service level” section of the agreement.

Despite the Supreme Court’s affirmation of faith in the Comelec, the fear of failure of elections lingers. I believe Comelec when it says that it is impossible for the 80,000 machines to break down on election day. But it doesn’t have to be all the 80,000 machines malfunctioning to create disorder and all sorts of protests.

Rafanan said it is Comelec that will declare failure of elections and the basis are either of the three: no election took place; election was suspended; and election was completed but no proclamation was done because there was no winner.

Rafanan said failure of election could be caused by terrorism, fraud, violence, force majeure or other or similar incidents.

The fear of failure of election, which comes from the Hello Garci scandal in the 2004 election, is compounded by the possible leadership vacuum that would be created in case no winner is declared by June 30, 2010, the last day of Arroyo in Malacañang.

The order of succession provided by Constitution in case of vacancy in the presidency is vice-president, senate president and speaker of the House of Representatives. All those three positions are vacant by June 30,2010 if there would be failure of elections and no winner is declared.

The Senate could not elect a new senate president due to lack of quorum because there would only be 12 members of the Senate, one of them, Sen. Antonio Trillanes IV, is even in detention and is not allowed to vote.

Senate President Juan Ponce Enrile has warned that the military and the police might end up taking temporary control of the country if there would be a total failure of elections in 2010 resulting in a power vacuum because at that point, “the only authority that you have are those with guns because they are the most organized people in the bureaucracy.”

That is why, I’m wary with the recommendation of Energy Secretary Angelo Reyes for Congress to give Arroyo emergency powers for power shortages which he foresees around election period in 2010.

Gloria Arroyo has not given up. After failing to change the Constitution that would have legitimized her plan to continue holding on to power beyond June 2010, she is now asking, through the person who installed her to the presidency without election in 2001, to be granted absolute power. The gall!

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Sept. 10, 2009
PAINIT NA ANG ELECTION FEVER
Mukhang tuloy na tuloy na ang eleksyon sa 2010. Noong Martes, nagdesisyon ang Supreme Court sa na ituloy and election automation kahit hindi pa nagkaroon ng testing sa dalawang syudad at probinsya sa Luzon, Visayas at Mindanao ayun sa batas.

Sa botong 3 (No) – 11 (Yes) at 1(hindi bomoto), sinabi ng mataas na hukuman na “waived” o hindi na naga-apply ang batas na yan.

Ay ewan. Magdasal na lang tayo na hindi magkakalat ang Comelec at Smartmatic-TIM sa 2010 eleksyun at ang kagustuhan ng taumbayan ay lalabas.

Busy na ang lahat na partido sa preparasyun para sa 2010 na eleksyun. Walong buwan na lang. Si Noynoy Aquino, nagpahayag na kahapon na siya ay tatakbo bilang presidente. Sinabi niya na inalok niya kay Sen. Mar Roxas ang pagka-bise presidente. Wala pa raw desisyun si Mar.

Sa aming pag-uusap sa ibang miyembro ng Liberal Party, Noynoy-Mar daw ang tiket nila. Sa susunod na mga araw na nila ipahayag yun para siyempre mas palagi sila sa diyaryo.

Si dating pangulong Joseph Estrada ay may ipapahayag daw sa mga araw mula Sept. 23 hanggang Sept. 30. Sabi ni dating ambassador Ernesto Maceda na siyang spokesman ngayon ng United Opposition ay nagpa-feng shui daw sila at sinabi na yung daw ang magandang mga petsa para kay Estrada.

Marami kasi ang nagtatanong kay Estrada kung siya rin ay aatras para kay Noynoy dahil itinaas niya ang kamay ni Noynoy noon sa kanilang pagbisita sa Payatas. Sabi ni bisita, bakit naman daw aatras si Estrada ay mataas siya sa survey. Photo-op lang daw ang pagtataas ng kamay ni Noynoy ni Estrada.

Ewan, ano ba yan. Hindi pala siya seryoso sa kanyang ginagawa.

Dapat siguro mapagisip-isip ni Estrada na mas makakabuti sa bayan kung gagamitin niya ang suporta niya galing sa masa para suportahan ang isang mas batang kandidato kaysa ipagpipilit na naman niya ang kanyang sarili. Hindi lang naman siya ang nag-iisang taong pwede mamuno ng bayan. Mas hahanga-an ko siya kung tutulong na lang siya sa isang oposisyun na kandidato para masiguradong matatalo ang kandidato ni Arroyo.

Napabilis yata ang pangyayari sa pulitika dahil sa ginawa nina Mar Roxas at Noynoy Aquino. Si Sen. Chiz Escudero na sana ay mag-aanunsyo ng kanyang plano para 2010 sa kanyang 40th na kaarawan sa Oct. 10 ay balitang magpapahayag na sa susunod na mga araw. Magkakaroon daw ng miting ang Nationalist People’s Coalition para mamili kung sino kina Chiz at Sen. Loren Legarda ang kanilang magiging standard bearer itong buwan.

Sa kampo naman ng administrasyon, sa Sept. 15 daw magpapahayag si Bise Presidente Noli de Castro ng kanyang plano. Siya ba ay tatakbo bilang kandidato ng administrasyon? Kung ayaw kasi ni De Castro nandiyan si Defense Secretary Gilbert Teodoro na .02 per cent ang nakukuha na rating sa mga gusto sa kanya magiging pangulo na naghihintay ng basbas ni Gloria Arroyo.

Sa Nacionalista party naman, hindi na sila kailangan mamili dahil desidido na sila kay Sen. Manny Villar na nangunguna ngayon sa survey.

Umiinit na ang election fever. Sana ito ay magiging daan para maayos natin ang ating bansa.

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FBI asked to investigate Mikey Arroyo

After Vera Files released the story on the property of the Arroyo brothers, Mikey and Dato, congressman sons of Gloria and Mike Arroyo, I received a lot of letters giving additional information on the family’s alleged hidden wealth.

By the way, I am a trustee of Vera Files, a group of journalists that undertakes a deeper look at current issues. I am one of the four writers of the articles “Arroyo sons acquire U.S. homes, businesses after election to Congress” and “Following the Mikey trail: 2004, 2007 declarations show no campaign contributions”.

One of the letters I got came from an American who is in the finance business. He asked that his identity be withheld. I’ll call him “Jay”.

Jay said, “I’ve been frustrated with this story, because I know Mikey will be protected by his fellow crooks in the House, the crooked Ombudsman, and of course, his crooked mother. When I read about the Reconveyance of Deed on your blog, I realized that Mikey had broken multiple US laws and our justice system will investigate unless pressured not to by the State Department or the White House.”

Jay submitted to the FBI Tips Line and to the Federal National Mortgage Association commonly known as Fannie Mae “a report of likely: mortgage fraud, mail and wire fraud, money laundering, and kleptocracy by a foreign government official.”

He requested that his report be forwarded to the Financial Crimes Enforcement Network (FinCEN, US Department of Treasury).

Here’s part of his letter:

“There is a breaking news story in the Philippines regarding the sons of Philippines President Gloria Macapagal Arroyo. They have obviously broken several Filipino laws (unexplained wealth, perjury, filing false Statements of Assets and Liabilities, tax evasion,and plunder.) They won’t be prosecuted there because of the corrupt justice system. What caught my attention, is that at least one of them is violating multiple US laws with a clever money laundering scheme.

“Juan Miguel “Mikey” Arroyo is the son of Gloria Macapagal Arroyo, President of the Philippines. After his mother took power, he ran for a seat in the Filipino House of Representatives. His salary is less than $12,000 US Dollars per year. In 2006 he acquired a $1.32 million property at 1655 Beach Park Blvd. in Foster City CA. There was a $900,000 mortgage on the property through IndyMac Bank, which was taken over last year by the FDIC when it failed. To qualify for a “stated income” or “liar loan”, he would’ve fraudently claimed an income of at least $275,000 to be able to pay the mortgage, and probably provided fraudulent documents as proof of income. (His salary does not even cover the $14,000 in property taxes due each year) They also would have falsely claimed to be Permanent Residents or US Citizens on the mortgage.

“A mortgage broker told me that most likely they just lied and said they were US Citizens so as not to produce a Green Card. Remember, he is a foreign legislator and spends most of the year in the Philippines. He also would’ve claimed this as a primary residence when it was really a vacation home. Those IndyBank loan documents should be subpoenaed and reviewed to prove the fraud. He later transferred title to his wife under her maiden name of (Maria)Angela Arroyo Montenegro as way of hiding assets as a lawmaker in the Philippines.”

Jay submitted as background the VERA Files Aug. 31 story on the houses of Mikey and Dato Arroyo in San Francisco.

Jay further said in his letter, “As a foreign government official, Mr. Arroyo could not walk into my office and open a seven-figure brokerage account. I would have to comply with Enhanced-Due Diligence procedures and verify the source of his wealth to comply with section 312 of the Patriot Act. He devised a clever scheme to launder $1.39 million dollars.

“On April 15, 2008, the deed was reconveyed to Angela Arroyo Montenegro. This means they paid off $900,000 in mortgages in two years. Surely they know US banks file Suspicious Activity Reports (SARs) and Currency Transaction Reports (CTRs). As far as I know, there is no such reporting for repaying a mortgage early. How does someone who earns $12,000 a year pay off $900,000 in mortgages in two years? His family is notoriously corrupt and it is rumored he receives large cash payoffs from the illegal numbers game “jueteng” from his home province of Pampanga. (Jueteng payoffs led to the impeachment and ouster of former Philippines President Joseph “Erap” Estrada”. Mikey’s mother was Vice President and assumed the role of President after Estrada’s ouster.)

“The house is currently for sale. This means that upon the sale of the property, a Title Company check would be issued for $1.3 million in the name of Angela Montenegro. She could walk into almost any US bank and deposit into account and no questions would be asked because it is clearly the proceeds from a real estate sale and 99% of people would not know she is the daughter-in-law of the President of the Philippines. The money has successfully been laundered at that point.

“Per the earlier story referenced at www.verafiles.org , his brother Diosado “Dato” Ignacio Arroyo (also a congressman in the Philippines.) paid $570,000 cash for a luxury condominium at 177 California St., Unit 503 San Francisco. Gramercy Place . He claims his father-in-law paid for it, but that should be investigated as well.

“Violations of Section 312 of the US Patriot Act and the US National Strategy to Internationalize Efforts against Kleptocracy.”

Jay provided links to Inquirer and PCIJ websites in supporting his allegation that, “President Gloria Macapagal Arroyo and her husband Jose Miguel “Mike” Arroyo are notorious kleptocrats. For background, google any of the following terms: Jose Pidal, NBN/ZTE Scam, IMPSA bribe, Hello Garci, Joc Joc Bolante, Northrail, NAIA Terminal 3/PIATCO, Jun Lozada, Diosado Macapagal Boulevard,.etc. Even the World Bank issued a report naming Mike Arroyo in shaking down a foreign businessman.”

Jay told the FBI and Fannie Mae, “I don’t have evidence of them breaking US laws, but it is clear that at least Juan Miguel “Mikey” Arroyo should be investigated for mortgage fraud, wire and mail fraud, money laundering, and kleptocracy.”

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Sept. 5, 2009
Noynoy:enabler or suppressor of the new politics
by Nicanor Perlas

In the past few days, I have been bombarded with text messages from friends as well as interviews with the media on what I think of the Mar-Noynoy announcements. Will I, like Senator Mar Roxas, also renounce my intention to run as a presidential candidate in the 2010 national elections and support the presidential candidacy of Senator Noynoy Aquino?

The short answer is “No”. I will not renounce my intention to run as a presidential candidate. And “Yes”, I will encourage Noynoy to resign from the Liberal Party, run as an independent presidential candidate, and join the on-going conversation and unification efforts among non-traditional political parties and movements.

Noynoy can stifle the growth of new politics. Or he can enable the new politics that is emerging all throughout the country. Allow me to elaborate.

Introductory Remarks

My comments to follow will only make sense if people understand that 2010 is not an ordinary election. It will be the venue for an epochal battle between traditional politics and the new politics. What is branded often as “opposition” is not really opposition in the true sense.

The current opposition is also part of traditional politics, albeit a different version of traditional politics. What I mean by traditional and new politics will become clear in the paragraphs to follow.

Noynoy Can Weaken New Politics

There are eight reasons why Noynoy can weaken new politics if he misunderstands the meaning of the “signs of the time”, succumbs to the “destiny” that others want to impose on him, and makes a wrong decision.

Reinforce short-lived, non-strategic unification

We successfully united against and toppled the Marcos dictatorship in 1986. But in a few years, the luster and the euphoria of People Power 1 dissipated. In 2001, we again united against and ousted the corrupt administration of Joseph Estrada. But this time, the unity of People Power II disappeared in only a few months and inaugurated the worst political regime in the past 50 years.

Why? We united against something (an “enemy”) instead of for something. With the “enemy” gone, our unity shattered. And we went our separate ways. Yes, we restored democracy. That is important. But we had no common vision of what we wanted to do with that democracy after Marcos or after Estrada. We just wanted to get Marcos and Estrada out of the way. That was the point of unity. And, by its very nature, unity against something cannot last after the common objective of rejecting something is achieved. The very specter of an Estrada presidency in 2010 is a powerful reminder of what uniting against something can ultimately lead to: more of the
same, and the resurgence of the old, of traditional politics.

From this perspective, asking all non-traditional and even opposition forces from traditional politics to unite behind Noynoy is repeating the same historical mistake. We are again being asked to unite against the abuses of the Arroyo administration and remove it in 2010. But it is not clear what we will be installing after the Arroyo regime is gone. We are being rushed to unify without a clear idea of what vision and strategic agenda we will pursue together and what process we will undertake to arrive at that common vision and agenda.

We are driven by our hunger to “win” in 2010. But we must have a different notion of winnability. For we may “win” the battle but lose the war, as has already happened twice. Instead of a new lease on life, we will plunge deeper into political oppression and chaos, led by our naïve notion of unity against something instead of for something.

Suppress the emergence of a peoples agenda and selection process

A powerful antidote against this one-sided form of unification is to engage the country in a participatory process of setting up a people’s vision and strategic agenda. We hear this longing is from all over the country, not only as an answer to the corruption and decadence of the Arroyo administration. It is the peoples attempt to correct the historical shortcomings of People Power I and II.

Before the recent call for Senator Noynoy Aquino to take up the challenge to run for president in 2010, many concerned citizens were saying: “Bago sino, ano”? Before we decide on “who”, we must first answer “what” is our vision and agenda? Only after we determine our vision and strategic agenda do we then look for the leaders who will best embody our vision and agenda for a better Philippines.

This is a step in the right direction. But now the rush to have a bandwagon with Noynoy in front weakens this process. Instead of “ano” or “what”, “sino” takes prominence. Even some proponents of peoples’ primaries (to flesh out a peoples agenda and a more participatory selection process) are blinded by the glare of a Noynoy presidency. Some have rallied behind Noynoy, betraying their own principles and aspirations.

Strengthen personality- based politics

The old traditional politics is a politics of personality. And the politics of personality is a part of the larger traditional politics of “winnability”. The old politics believes that one of the key ingredients of winnability, is to have a personality with name recall and national exposure. That is why traditional politics is filled with candidates who have lots of money to spend on advertising in TV, radio, and newspapers. That is why, until recently, traditional politics was littered with show biz and media personalities.

In contrast, the new politics selects qualified and proven leadership willing to advance the vision and strategic agenda co-created together with the people. In this consideration, winnability is not the primary consideration in the beginning. Instead, once the proper platform is crafted and qualified leadership found that would advance that visionary platform, then proponents of the new politics organize to make sure that their candidates win. If the candidate does not have a strong national name recall, the new politics will find ways and means to ensure that their candidate gets the necessary national exposure, among others, to win in the national elections.

Asking people to rush behind Noynoy is asking Filipinos to enshrine the old politics of personality at the expense of the new politics of participation, vision and strategic agenda and a qualified proven leadership willing to advance that common vision. With Noynoy, are we asking the personality cult of traditional politics to rear its ugly head again? Send mixed signals regarding political dynasties We rail against political dynasties. We celebrate victories of candidates who triumph against political dynasties. What are we doing now with our clamor for Noynoy Aquino? Are we not advancing traditional politics of dynasties?

True, Noynoy does not come from a corrupt political dynasty. Nor is there any technical, legal violation of the anti-dynasty provisions of the Constitution. But are we not close to violating the spirit of that constitutional provision when we get excited about Noynoy simply because he carries the name of martial law hero, Ninoy Aquino, and the late former president of the Philippines, Corazon Aquino? Does Noynoy have the necessary track record, leadership qualities, vision, strategic agenda to renew this nation?

Break the Link Between Inner and Societal Change

The new politics requires inner change as the foundation for political and societal change. New politics rests on the hard work of enabling new mindsets and habits to emerge. Only with inner change will it be possible to co-create with others new ways of viewing and doing politics, governance, policies, platforms, processes, winnability, volunteerism, and other important matters.

Traditional politics does not expect inner change. In fact, it wants old mindsets and habits to prevail. Otherwise traditional politics will not be able to function. The appearance of a political leader who can win enough votes is all that is necessary for success as far as traditional politics is concerned.

The unthinking acceptance of a Noynoy “bandwagon” destroys the important link between inner change and political/societal change. We can all remain who we are. There is no need for us to change to create a new country. Noynoy will do it all for us. We will be spared from all the hard inner and outer work necessary to renew the country. This is an illusion, one destined to break into pieces in the hard rock of political reality.

Remove the Necessity of a Cultural Revolution

Change of hearts, will, and minds are the foundations of authentic democracy and the new politics. People run institutions. If people are corrupt, institutions will be corrupt. If citizens remain the same, they will continue to vote and empower corrupt traditional politicians and, in the process, victimize themselves. To change the inner disposition of the voting public, a cultural revolution is essential. Widespread consultations and
education are necessary. Citizens need access to information of all kinds, especially detailed background information on the track record, capabilities, integrity, and agenda of candidates for political office. They need to be able to have the chance to work through difficult questions of distinguishing between old and new approaches to winnability, assessing proposed platforms, and other areas of discernment and reflection.

A Noynoy bandwagon marginalizes the importance of an educated citizenry and a cultural revolution in the mainstreaming of the new politics. A Noynoy bandwagon, in effect, sends the message that Noynoy is good enough because he is the son of two well-known and well-respected parents. There is no need to examine his background and his qualifications for the Office of the President.

The unquestioning wholesale acceptance of Noynoy on the basis on nothing else except his biological relationship with Ninoy and Cory Aquino is tantamount to strengthening traditional politics. It cheapens the notion that new politics can only arise because a new and very different generation of citizens are prepared for it and demand it. The old politics views the national education of the citizenry as unnecessary for wining the 2010 elections. A Noynoy bandwagon that is not based on a simultaneous cultural revolution will prevent the inauguration of a new, principled, honest and service-oriented politics. It will be a recipe for disillusionment in and after 2010.

Favor winnability over character, track record, and vision

What is driving the old politics of unity against something not for something, top-down agenda setting, personalities, political dynasties, neglect of inner change, and dismissal of a necessity of a cultural revolution? The answer is as simple as it is profoundly pervasive. The driving force is the imperative to win at all costs.

Traditional notions of winnability is the political virus that infects political parties, personalities, media, Church leaders, businessmen, and many others, including, yes, even advocates of the new politics. It is a virus so deep in all of us that we cannot even recognize it when we are totally under its control.

Traditional politics is littered with the spoils of political marriage built on the manipulative foundations of “winnability”. Even reform parties and change movements cannot resist the lure and siren call of winnability. By going for a coalition with traditional parties to
increase their chances of winnability, reform political movements and parties endanger and ultimately sacrifice their principles. By putting a strong emphasis on traditional notions of winnability above character, tract record, integrity, and strategic agenda, change movements unwittingly infect their followers with the trapo winnability virus and undermine their pursuit of change.

I have written two long articles on traditional notions of winnability versus the new politics approach to winnability. I will not repeat the arguments here. I encourage friends and readers to take a look at these articles in www.nicanorperlas.com.

Misinterpret the Meaning of the Ninoy/Cory Heritage

Connected with all the above dangers is the deeper question of how we should understand the national events following the death of former President Corazon Aquino. We are dealing with a spiritual legacy. We are dealing with a longing for a form of governance that is honest and clean. We are dealing with a search for a new politics where politicians are statesmen and women who, when they time for service is finished, are ready to let go of political power. At this point, we will not discuss whether honesty and integrity are sufficient to transform the institutions of government, not to speak of the institutions of society.

A spiritual legacy is not the same as a hereditary legacy. History is full of examples of how successor generations squandered the gains of the previous generations. The outpouring in Cory’s funeral meant the expression of longing for honesty, decency, and democracy. It does not mean that this automatically transfers to a son or a daughter by means of heredity.

What it does mean is that the nation is longing for a leader that had the traits of Cory PLUS the capacity to transform institutions and systems. The “PLUS” comes from the historical experience that good will and honesty are not enough to change a country. Therefore additional societal capacities are needed to supplement moral qualities. And these spiritual/moral and societal capacities cannot be transferred by simply having the same bloodline. These capacities are gained instead by means of hard work and a life-long experience of transforming challenges into initiatives that benefit the country as a whole.

Noynoy Can Enable the New Politics

Noynoy can do one thing that will dramatically reduce the dangers enumerated above. Noynoy can refuse the temptation of accepting his “destiny” of being the presidential candidate of the Liberal Party and, by wishful thinking, the candidate of all opposition to the current administration in an epochal battle of good and evil in 2010.

For one thing, the Liberal Party of Noynoy is NOT the only opposition party. Second, the Liberal Party, with its mixed track record, cannot re-brand itself, even with Noynoy’s blessing, as a non-traditional party. Thus the Liberal Party is a part of the spectrum of traditional parties even if there are individuals within the party who are non-traditional. The party as a whole is not the bearer of new politics. Will Noynoy survive the intramurals within the Liberal Party and present a vision and strategic agenda that transcends the Liberal Party?

And third, will Noynoy be able to unify the dozens of non-traditional movements and parties when, by a wrong decision, Noynoy will destroy the very foundation upon which these movements and parties of new politics are built?

Prominent members of the Liberal Party share some of these thoughts. Senator Francis Pangilinan recently begged to differ that the Liberal Party is the opposition party. He said that the opposition is more than the Liberal Party, more than other traditional parties opposed to Arroyo, and includes non-traditional parties and movements.

In addition, Senator Franklin Drilon, said that Noynoy “is not prepared for it” (the presidency). And Noynoy himself is not clear
whether he himself is qualified or not. He is also not clear on how he would go about systemically changing the landscape of traditional politics and transforming Philippine society. Can his lack of clarity be the beacon for the new Philippines around which all kinds of forces arrayed against the Arroyo regime will unite?

There is one thing, though, that Noynoy can do to help enhance the longing and hunger of the majority of Filipinos for a new kind of politics. He can announce that he will resign from the Liberal Party and participate in a unification process with non-traditional political and social movements for new politics. He can lend his newly minted national stature to advance the cause of the new politics, both in terms of substance and process.

Concretely, this would mean that Noynoy will announce that he is willing to be part of an open process of determining who would be the best new politics candidate for president in the national 2010 elections. It is open in the sense that, at the end of the day, Noynoy himself may or may not be that presidential candidate. Yet he would still be able to bring energy to the pursuit of the new politics by supporting whoever will emerge as the presidential candidate of a unified movement for a new politics.

This is the real challenge facing Noynoy Aquino. Will he be an enhancer of the new politics? Or will he be the instrument for marginalizing the new politics?

Overcoming the Deadly Virus of Traditional Notions of Winnability

While Noynoy Aquino undergoes a spiritual retreat to finalize his decision, we should all reflect on the ultimate meaning on the current events surrounding Noynoy. It is difficult to discern what wants to come from the future. And it would even be more difficult to discern if we are infected with the virus of traditional notions of winnability.

The Noynoy event provides us with one of the most potent challenge to discern what real new politics really means in theory and practice. We can only hope that Noynoy becomes an enabler of the new politics. And I hope that all those truly seeking a better country, are able to truly discern the profound conceptual and behavioral requirements of the new politics, one that we are all hoping to begin today and realize in 2010 and beyond. Our future as a nation

Aug. 28, 2009
Senator Edward Kennedy and the Phil. Democracy

The passing away of President Cory three weeks ago and last Friday’s 26th death anniversary of her husband, Senator Benigno Aquino Jr., brought back to mind the events of February 1986 when the world stood in awe as Filipinos linked arms, armed only with prayers and faith, to restore democracy in the country.

Yesterday, we were yet reminded of that glorious February with the news of the death of Sen. Edward M. Kennedy, the last surviving son of America’s political royalty.

Precious L. Javier, widow of the late Evelio Javier, the former Antique governor whose murder helped spark the outrage that led to the 1986 People Power, sent me the U.S. Congressional record of February 19, 1986 when American senators passed a resolution expressing their deep concern over the massive fraud that attended the Feb. 7, 1986 snap presidential elections.

Precious said that the American senator’s son, Ted Kennedy, Jr. and his cousin William Smith, were in Antique during the 1986 snap elections.

She said, “ Evelio had asked foreign correspondents to come to Antique as people were being terrorized by armed goons. Among the foreign correspondents who came were Ted Kennedy, Jr. of Boston Globe and Phil Bronstein of San Francisco Examiner. Evelio made the Kennedys stay at the Bishop’s House. I was told by highly reliable sources that Sister Lydia Labrador of Mensa Domini designated herself as chief security officer of the Kennedys (versus the goons) during their stay at the Bishop’s House.”

With the backdrop of the fraudulent 2004 elections very much in our minds as we become engrossed again with another presidential elections less than a year away, Kennedy’s speech reminds us that the malevolent forces had tried to destroy our democracy but failed. And in that fight, there was an American (a number of them actually), who stood up and took up our cause.

Excerpts from Kennedy’s speech:

“No one, except perhaps Mr. Marcos himself can dispute the fact that the presidential elections held in the Philippines were a complete and audacious fraud, a mockery of the democratic process which once again demonstrated Mr. Marcos contempt for justice and the rule of law.

“Cory Aquino won that election lock, stock, and barrel. It is time that the United States called a spade a spade. …The American people are outraged and dismayed by the rampant fraud and manipulation that pervaded the Presidential election in the Philippines on Feb. 7. The National assembly, a Marcos organ, has now declared President Marcos the winner of the election, but by all other accounts, the official tally was a fabrication designed to cheat the people of their right freely to choose their leader. The losers in this charade are many – including the opposition candidate Corazon Aquino,the Philippine people, and the future of democracy in the Philippines.

“I spoke with Cory Aquino this morning and we discussed the resolution before the Senate today. Despite the exercise in deceit she has just undergone, that champion of freedom has not forsaken hope for her country. She has vowed to continue to fight for democracy in her country,the cause for which her husband and, and my friend, Ninoy Aquino gave his life….

“The United States cannot assure fair elections in the Philippines, but we must not wink at an election that is so infected with violence, intimidation, and fraud as to make a mockery of the electoral process.

“The people of the Philippines want and deserve democracy in their country. None of us will ever forget the pictures of the Philippine people struggling to protect their ballots; their courage as they worked to make their elections fair and honest….”

Sen. Kennedy made special mention of Evelio Javier, whom he called, “Evi”:

“Evi was a courageous opposition leader in the Philippines whom I had met while he was earning a master’s degree at the John F. Kennedy School of Government at Harvard University. ….My son, Teddy Jr. , who was in the elections, visited Evi three days before he was killed. Evi knew his life was in danger, never going anywhere alone and never staying too long in one place. Evi even told my son that he did not expect to live out the week.

“His commitment to democracy in the Philippines never waivered as he courageously continued to campaign vigorously on behalf of the opposition Presidential candidate, Corazon Aquino throughout his province in Antique. That commitment cost him his life but Cory won in Antique.”

There was a part when Sen. Kennedy said, “And it is the responsibility of the United States to make it clear it cannot continue to support an illegitimate regime that attempts to legitimize itself by stealing the election.”

I just wished that he, or other democracy-loving American officials, said that again in 2004.

But this is not a perfect world. I’m content with the thought that there was once an American who took up the cause of democracy for Filipinos. That’s a lot to thank for.

Aug. 17, 2009
The Source Code

It’s good to be back in Cagayan de Oro after so many years.

The 5th Mindanao Media Summit, held last weekend at the Marco Resort Hotel, a 30-minute ride from downtown CDO, has for its theme, “Election 2010, Vote for Change, Vote for Peace.”

I’d like to thank James Jimenez, Comelec’s information officer, for giving me his power point presentation for media in the 2010 elections. I and the participants in the media summit found it very useful.

The Media Summit was made possible by the Asia Foundation, USAID, Embassy of Canada, 7107 Island Cruise, Center for Community Journalism and Development, VERA Files, Smart and Coca-Cola Export Corporation.

It’s a pity that Comelec Commissioner Rene Sarmiento was not able to make it although he sent his prepared speech. I had wanted to ask him about the “Source Code” which he mentioned in his written speech.

Sarmiento said they are aware of the public’s apprehension of the automated election system which will be implemented for the first time in the 2010 elections.

To address these fears and concern, one of the measures they have decided is to make the Source Code available for review “by any interested political party or groups.”

As defined by Sarmiento “The Source Code is the human readable instructions that defines what the computer equipment will do.”

The Center Law Philippines sent me an article by Pablo Manalastas, who teaches computer science at the University of the Philippines and Ateneo De Manila University, wonders how Comelec could guarantee the availability of the source code when its contract is with Smartmatic-Total Information Management which does not own the Source Code.

Manalastas said the Source Code is owned by Dominion, a corporation where Smartmatic holds ample shares.

He said, “ the license granted by Dominion, author of the computer software, to Smartmatic is only a binary license. It entitles Smartmatic to use the program, but does not entitle Smartmatic access to the source codes of the program. “

Under Republic Act No. 9369 or the Amended Automated Election System (AES) Law, Smartmatic is compelled to share the source codes to the political parties and watchdogs. Source codes are the printed commands of a program and a review of the same will ensure that the program in the machines do not contain malicious codes.

“With source code review conducted by people we trust, the computerized counting of votes, although carried out in secret by the PCOS computer, will be revealed to us, and so we can accept computerized counting as if it were public counting” said Manalastas.

However, Manalastas pointed out that Smartmatic does not have the authority to make the source code available for review by the public. The hardware and software/firmware are owned by Dominion Voting Systems of Canada, and are merely licensed to Smartmatic.

Under its license agreement with Dominion, said Manalastas, Smartmatic is not authorized to get the source code of the program. Corollarily, Smartmatic does not have the authority to display the source code for review by the public, and alter or modify the same.”

This is one of the issues raised by the Concerned Citizens Movement in its petition to the Supreme Court to stop the P7 billion Comelec-Smartmatic-TIM contract for an automated election in 2010. The High Court is expected to hand down its decision this week.

Related links:

http://pmana.multiply.com/journal/item/63/Election_2010_Public_Counting_Code_Review

http://pmana.multiply.com/journal/item/67/Election_2010_TEC_Certification_Code_Review_and_Available_Open_Aug_05_09

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Ex-envoy to US confirms military rule plan

Posted: 12 Aug 2009 08:53 PM PDT
By Albert Del Rosario
Philippine Daily Inquirer

At the bishops-businessmen’s conference a few weeks ago, the possibilities of a declaration of emergency rule or an imposition of martial law were among the topics discussed.

In that regard, I am prepared to sadly confirm that our incumbent national leadership would indeed be capable of placing our democracy at great risk in pursuit of its survival.

The past week, our nation found itself deeply mourning the immeasurable loss of our beloved former President Corazon Aquino, who was responsible not only for ousting a dictator but also for restoring our democratic institutions.

As we quietly paid tribute to our one and only charismatic leader at La Salle Green Hills, I was overwhelmingly reminded that each of us has a responsibility to contribute to the defense of our democracy.

Having served as the Philippine envoy to the United States in 2001-2006, I decided that I, too, should contemplate how I could make my own contribution under the present conditions. This humble contribution, intended to guard our democracy, has been fully earned by the Filipino people under President Cory Aquino’s leadership.

I believe our people are fully entitled to know this with certainty if we expect to advance the concept of a proactive citizenship and to encourage vigilance at all times in the protection of our democratic freedom.

The facts as related would also serve to provide a momentary view of that quaggy place to public officials who may in the future be asked to advance a Palace agenda that is contrary to the national interest.

It was in 2005 during the “Hello Garci” controversy that the then Speaker of the House, Jose de Venecia Jr., came to Washington. He indicated that the Palace had empowered him to ask if we could defend for them the suspension of the writ of habeas corpus.

[When the privilege of the writ is suspended, a person can be arrested and detained without charges.]

Taken aback

Taken aback, I could only ask why. The Speaker responded that it was to be used against certain members of the political opposition.

As I contemplated the circumstance, the question was repeated. I replied in essence that what our people needed was good governance, and not a weakening of our democracy. I added that given our being the first republic in Asia, the scheme could result in our becoming a failed state.

With apologies, I expressed as succinctly as I could that the plan was not defensible, and that we could not defend it.

Late that evening, I dutifully reported what had transpired to Foreign Secretary Alberto G. Romulo, who looked favorably on our having taken a clear and firm position.

Emergency rule

Several days after the Speaker’s return to Manila, I received a call from him. He said he was contacting me from the Palace to advise that there had been a change of plan and that the proposal to suspend the writ of habeas corpus was no longer an option.
It was obvious to us that while the specific proposal had come under consideration, there were officials in our government who strongly opposed it.

Some weeks later, the Speaker called me once more from the Palace. He wanted to know if I could source a safe phone. My response was that there was probably no such thing in Washington.

Forceful stand vs media

He then proceeded to ask if we could defend the declaration of emergency rule. To my reactive query on why we were intending to do this, he answered that the government was preparing to take a forceful stand against the intransigent media.

I replied, without hesitation, that such a position against the Fourth Estate would bring upon us the condemnation of the international community. That, I said, was also indefensible, and we could not defend it.

Subsequently, the Philippine press began to publish articles on hypothetical situations fostered by the Palace regarding threats to national security, at the same time providing emergency rule as a constitutional means to address the threats.

With this apparent propaganda, we knew with near certainty that emergency rule would be declared.

US gov’t alerted

The US state department was also alerted by the press reports. When asked by them what we thought, I aired my opinion that there was an increasing probability of emergency rule being declared, that it was not good for the Filipinos and for the Philippines, and that we should discuss strategies on how the plan could be averted.

A review of the weeks prior to and during the declaration of emergency rule will show that the US government sent a procession of government officials to Manila, including Ambassador John Negroponte, who was then director of national intelligence.

The American visitors were to ostensibly share their views with our government about the lack of wisdom of such a declaration.

Emergency rule was nevertheless declared by the Palace on Feb. 24, 2006.

To justify unjustifiable

Since we could not justify what was unjustifiable, the Philippine Embassy in Washington limited itself to reporting factual occurrences in Manila, while expressing hope that the declaration would be lifted at the earliest possible time.

This, I thought, was the best course of action to at least preserve our reputation for credible representation in the United States.

On the sixth day after emergency rule was declared, Assistant Secretary Chris Hill—the US official then tasked to negotiate with North Korea in ending its nuclear program and now the new US ambassador to Iraq—visited the Palace.

By the ninth day, emergency rule had been lifted.

(EDITOR’S NOTE: Albert del Rosario was conferred the Order of Sikatuna, with the rank of datu, by President Gloria Macapagal-Arroyo in 2004. He received the Edsa II Heroes Award in 2001.

He graduated from New York University with a degree in economics and has held positions in various companies including the Philippine Long Distance Telephone Co., Smart Communications, Metro Pacific Corp., Negros Navigation Co. and Fort Bonifacio Development Corp.

He has also been involved with the Philippine Cancer Society, Management Association of the Philippines and American Chamber of Commerce.)

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Aug. 13, 2009
Myanmar democracy icon Aung San Suu Kyi was Tuesday ordered to stay under house arrest for 18 months.

by Andre Marshall/Bangkok
TIME

Democracy icon Aung San Suu Kyi will spend another 18 months as a prisoner of Burma’s military junta, a Rangoon court decreed today. She was found guilty of violating the terms of her house arrest after an American man called John Yettaw swam to her lakeside house in Rangoon in May. Yettaw, who has been in poor health, was sentenced to seven years in prison with hard labor.

The Nobel Peace Prize laureate was initially jailed for three years with hard labor until a special order from junta chief General Than Shwe was read out in court commuting her sentence to 18 months under house arrest. The verdict has prompted further global outrage and renewed calls for stronger action against the dictatorship. Suu Kyi has already spent more than 13 of the past 20 years in jail or detention.

The verdict was delayed, apparently while Burma’s generals calculated the likely domestic and global response to its continued persecution of the world’s most famous political prisoner. The junta’s idea of lenience – an 18-month sentence – is long enough to keep Suu Kyi in custody during a 2010 election which will formalize the military’s grip on power, but shorter than the maximum sentence of five years in the notorious Insein Prison. “The generals are trying to manage the anger of both the international community and the people of Burma,” says Win Min, a Burma analyst at Payap University in Chiang Mai in neighboring Thailand.

The attempt will probably backfire. The verdict is likely to cripple the prospect of better relations with the U.S, which had tied an ongoing review of its pro-sanctions policy to Suu Kyi’s release. “The door remains open for the regime to respect the wishes of the Burmese people and international community,” the U.S. State Department said in a statement last week. Today’s decision has apparently slammed that door shut.

British Prime Minister Gordon Brown called the verdict “monstrous” and urged the United Nations Security Council to impose an international arms embargo on the regime. Malaysia’s Foreign Minister Anifah Aman expressed “grave concern” over the verdict and called for an urgent meeting of his counterparts in the Association of Southeast Asian Nations, a regional organization that is usually supportive of Burma. A global arms embargo is “the most effective way of showing this military dictatorship that it can no longer defy the international community,” says Zoya Phan of London-based advocacy group Burma Campaign.

Local outrage has been necessarily muted, what with 2,000 police and militiamen at the prison to prevent any protests. Since 2007, when monks led an abortive uprising, Burma’s opposition has been all but neutralized by a pitiless campaign of arrests and lengthy sentences. (Read about the 2007 crackdown in Burma.)

The outcome of the trial was unsurprising. “I’m afraid the verdict will be painfully obvious,” Suu Kyi was heard to say in court last month. But she isn’t going to prison. According to recent reports, she was stockpiling Winston Churchill’s biographies and other books in anticipation of jail time. “If you are going through hell,” Britain’s wartime leader famously said, “keep going.” Suu Kyi and her supporters can do little else. TIME

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It’s the process, stupid

Juana Change as Cecile Alvarez:

Carlo Caparas and Cecile Alvarez just don’t get it.

There is a process in the nomination for the National Artist Award. A series of eliminations is conducted until the best of the best are chosen for the prestigious award given every three years.

In a radio interview, Caparas, Gloria Arroyo’s choice as national artist for film and visual arts, said his name was in the original list. “As long as you are in the original list, you are now qualified to be a national artist.”

No, no, no. That is not right. In anything that requires an elimination process, whether it’s for a job or for a scholarship, or for an award, once you are eliminated in the preliminary rounds, you are out. That means you are not at par with those who have moved on to the final rounds.

Worse is the case of Alvarez, who was never in the list. Making the award more scandalous is the fact that Alvarez runs as executive director the National Commission on Culture and Arts, which together with the Cultural Center of the Philippines, does the screening of applicants.

It’s basic in any contest to disqualify any official of the agency that conducts the elimination. That’s fair play.

The brazenness of Arroyo’s choices must be because they know that they have no chance of getting the award in a fair competition. The next National Artist Award would be in 2012. There would be no more Arroyo, the bogus president who gives bogus awards.

In the protest assembly by the artists community at the CCP last Friday, singer Celeste Legazpi, daughter of National Artist Cesar Legazpi, read the following adaptation from the poem “Kung Tuyo Na Ang Luha Mo, Aking Bayan,” by National Artist for Literature Amado V. Hernandez:

Lumuha ka, aking Sining; buong lungkot mong iluha

ang kawawang kapalaran ng alagad mong kawawa;

Ang ordeng iginagawad dapat sa mga dakila,

ay order na lamang ngayon mula sa pangulong daya.

Sa tatlumpo’t pitong taon, tila bahay itong sira

Na noong nagdaang buwan ay tuluyan nang nagiba.

Lumuha ka, habang sila sa palasyo’y nagdiriwang

Sa libingan ng matuwid, baluktot ay may libangan

Katulad mo’y Inang Bayan na nagmukhang si Bakekang

Katulad mo’y si Juana Change, binaliw ng kahirapan.

Kung ang bumuhay kay Panday at ang pumatay kay Panday

ay kasabwat nina Pandak, baka mabuhay ang patay!

Iluha mo ang sambuntong kasawiang nagtalakop

Na sa kultura’y pahirap, sa buwitre’y pampalusog;

Ang lahat mong kalinisa’y kamal-kamal na nauubos,

Ang lahat mong katapata’y sabay-sabay na natapos;

Masdan mo ang iyong dila, dayong wika’y nakatanod

Masdan Mo ang iyong diwa, pagkabansa’y nasa laot!

Lumuha ka kung sa puso ay nagmaliw na ang layon

Kung ang araw sa langit mo’y The True, The Good, The Beautiful;

Kung ang alon sa dagat mo ay mayroong I am Ninoy

Kung ang bulkan sa dibdib mo’y umusok ng New Millennium;

Kung wala nang maglalamay pati ang Erap for the Poor,

Lumuha sa I am sorry pagkat tuta kang inulol!

May araw ding ang luha mo’y masasaid, matutuyo,

May araw ding ang mata mo’y tuluyan nang manlalabong

tulad ng katotohanang umiiyak na ng dugo,

samantalang ang sikmura’y aserong kumukulo.

Sisigaw kaming artista—sa liyab ng libong sulo;

ang bungang hinog sa pilit ay tansong tubog sa ginto!arlo

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Aug. 2, 2009
IN ARROYO’S INDECENT REGIME: LOYALTY OVER SUBSTANCE
Decency is one thing that we cannot say of the hustling among members of Arroyo’s men on who would be included in Arroyo’s official party in the meeting with US President Barack Obama last week.

The White House bilateral meetings was supposed to five plus one. That means Arroyo and five cabinet members. Members of the legislature are usually not included in cabinet meetings.

A reliable source said the original members of Arroyo’s party were Ambassador Willy Gaa, Foreign Secretary Alberto Romulo, Executive Secretary Eduardo Ermita, Defense Secretary Gilbert Teodoro, and Finance Secretary Gary Teves.

The American side would have the counterparts of those officials in the meeting.

The Philippines made a special request that Senator Miriam Santiago and House Speaker Prospero Nograles be included. The White House agreed.

But then Undersecretary Remedios “Mely” Poblador convinced Arroyo to have her included in the official party because she wanted to have a photo with Obama. The White House did not agree to another addition. Teves was removed from the list to accommodate Poblador.

Then Heherzon Alvarez, presidential adviser on climate change, also wanted to be included. They removed Teodoro.

The official lamely explained that climate change was in the agenda. I replied, “So is counter-terrorism.” The official just shrugged his shoulders.

Who is Poblador and what’s her influence on Arroyo that the latter had to drop her finance secretary to accommodate her?

Poblador’s official designation is undersecretary and she is assigned at the Office of the Presidential Adviser on Political Affairs. But she is known more in the political circles as Arroyo’s “bag woman”.

She does political operation of a different kind. Her name was mentioned by Undersecretary Many Gaite when he gave NBN/ZTE star witness Rodolfo “Jun” Lozada P500,000 shopping money in when he was sent to Hongkong to evade the senate investigation.

During meetings of the Catholic Bishop Conference of the Philippines, Poblador has been reported to be giving gifts to bishops. She is said to be a relative of Cardinal Gaudencio Rosales.

During the Senate investigation on the wiretapping of the conversation of Arroyo and then Comelec Commissioner Virgilio Garcillano, former military intelligence agent Vidal Doble revealed it was Poblador who convinced him to leave the San Carlos seminary where he sought refuge following his expose on the “Hello Garci” tapes where Arroyo and Garcillano were caught discussing about manipulating election results in her favor.

After leaving the San Carlos seminary, the military took custody of Doble and his family.

How about Alvarez? It seems that he is not the only one very influential with Arroyo because his wife, Cecile, who is chairperson of the National Commission on Culture and Arts, has been named National Artist.

That award is now the subject of protests by the arts and culture community.

A friend shared with me a conversation he had with former Rep. Prospero Pichay when Alvarez’s appointment as environment secretary was being deliberated by the Commission on Appointment.

Pichay told my friend of his conversation with Arroyo when he inquired why she is pushing for Alvarez’ confirmation despite protests from credible personalities in the environment community. Arroyo reportedly told Pichay, “Alvarez started the anti-Erap fight. He initiated the impeachment complaint against Erap at the time when nobody wanted to touch it.”

The official lamented that once again Arroyo showed that “she values loyalty over substance.”

******************************************************************

Since the archives of Philippine Star is unreliable, I’m posting here the July 30, 2009 column of former Foreign Secretary Roberto Romulo.

FILIPINO WORLD VIEW By Roberto R. Romulo

Primer on presidential visits

Much has been written lately about President Arroyo’s forthcoming visit to Washington D.C. where she will meet with President Obama. For better public understanding of this event, I will provide here a brief primer on presidential visits to a country, and the various permutations and protocols.

To start off, there are various grades and levels to a visit by a head of state or government to another country. A State Visit is the highest level accorded to a head of state. At this level, “guest status” is accorded him or her, as well as to a select number of accompanying officials (e.g. 1+13) specified by the host country. This means that the President and spouse plus the accompanying group are provided accommodations, transportation and some other amenities during the visit, as well as with a usually standardized official program.

Depending on the country, there are specified ceremonials. For example, in Washington, these would include a welcome ceremony on the White House Lawn, bilateral meetings with the US President and cabinet, and a black tie state dinner at the White House. In other countries, such as Spain, and other nations with monarchies, there is much more pomp and ceremony culminating in a white tie and tails state dinner.

In an Official Visit, the visiting President and spouse are accorded “guest status.” This “guest status” is also extended to a smaller number of the President’s official party.

A Working Visit usually means no “guest status” other than security and transportation for the President and predetermined number of her official party. In ASEAN countries, however, “guest status” is always accorded to the visiting head of state.

In the case of the United States, my personal experience with two Filipino Presidents leads me to conclude that presidential visits are primarily meant for the President and other members of his/her cabinet, i.e. the executive branch of government. All meetings outside the White House are traditionally with counterpart members of the executive branch. However, selected members of the legislature accompany the President when he/she meets with members of the US Congress and the Filipino community.

The meeting with the President of the United States in the Oval Office includes the cabinet, such as the Secretary of Foreign Affairs, the Secretary of Trade and Industry, the Secretary of Defense, and the respective heads of the Senate and House of Representatives or their representatives. Recently, the Executive Secretary is also included. It is really the President’s personal selection which cabinet members are included. As a rule of thumb, that means a total of six including the President (1+5).

There has been much controversy about the limited number allowed in the Oval Office. Congressmen accompanying our President fervently believe that they have a “God-given” right to also meet the American President and, of course, to avail of a photo opportunity. Even members of the press accompanying our President have had a similar presumption. Because of the strictures of protocol and US practice and failure to accommodate these demands, I have incurred in the past the ire of our venerable legislators and pundits.

Turning now to the US visit this week of President Arroyo, I am informed that some 30 members of Congress are going to Washington “at their own expense” to accompany her. The problem with this is that it gives rise to a perception of extravagance and ostentatiousness from a developing country. This additional entourage really has no added value to the President’s delegation for a meeting in the White House. To be precise, they have no role to play. All they do is encumber our embassy staff in Washington with the burden of finding “things” for them to do so that they can justify their own travels to the press and their constituents. Dyahe!!!

Another source of controversy is the legislators’ belief, whether senator or representative, that they outrank a cabinet secretary. The protocol, first of all, is determined by the host country not our protocol people. Whether in Paris or Washington, the cabinet secretaries outrank the legislators, except the Senate President and Speaker. This misconception can generate a privilege speech or private encounter berating the chief of protocol or senior official in charge of coordinating the trip. Even after a detailed explanation, the “offended legislator” bears a grudge which could result in the non-confirmation of the protocol officer when he is slated for a higher foreign service position.

Missing Amorsolo painting of the Leyte landing

In 1947 when my father, General Carlos P. Romulo (then Permanent Representative to the United Nations), returned to the US from a Manila visit, he brought back with him three paintings by Fernando Amorsolo. Two were portraits of my mother and himself, and the third was a painting of the famous landing in Leyte of General Douglas MacArthur in October 1944 that commenced the liberation of the Philippines. The American general was accompanied by President Sergio Osmeña and others, including my father, who was then the aide de camp of General MacArthur. Through the years, those three paintings were always prominently placed in the homes we lived in, wherever my father was assigned. When he returned to Manila to assume the position of president of the University of the Philippines, the paintings were permanently placed in Kasiyahan, our Forbes Park residence.

Sometime in the early ‘80s, when former first lady Mrs. Imelda Marcos arranged to have a Filipiniana exhibit in the New York store of Bloomingdales, she borrowed the painting from my father. After several months, I vaguely remember that my father and stepmother Beth Day Romulo tried to locate it but to no avail. Almost three decades have now passed and my daughter Liana, who is in charge of CPR memorabilia, retrieved a photo of the Romulo family with the Leyte landing painting in Washington D.C. She has been trying to locate the painting by asking friends and DFA personnel in the United States if they have seen it.

Speaking for the Romulo family and myself, we would like to retrieve the painting because of its sentimental and historic value. It properly belongs with the other CPR memorabilia. The Romulo family would be most grateful to anyone who could give us information where we can find it in the United States or the Philippines.

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July 30, 2009
Following letter was sent to Obama through House Speaker Nancy Pelosi:

His Excellency President Barack Obama
Washington District of Columbia
United States of America

Dear Mr. President,

We shared the wonderful jubilation of the American people during your historic election triumph. When you assumed office early this year, we rejoiced at the audacious hope that you inspired, and on your promise of change for the common good.

We joined all freedom loving people of the world who exulted when you declared that “those who cling to power through corruption and deceit and the silencing of dissent…are on the wrong side of history.”

The Filipino people share the same morals, ideals and aspirations that define the envied way of life of the American people. Filipinos yearn for the same kind of leaders that the American people yearn for themselves; leaders who are imbued with the right values, lead principled lives, and govern withn the highest ethical standards. The ideals of justice, democracy and the upliftment of human rights animate the Filipino people’s dreams of a better world in much the same way that these ideals animate the dreams of the American people.

Upon your invitation, President Gloria Macapagal Arroyo will have the chance to meet with you on July 30, 2009. In your meeting with Ms Arroyo, it may serve you well to be mindful of Ms Arroyo’s legacy of corruption, extra-judicial killings, enforced disappearances, torture, bribery, election cheating, among others. We do not wish to belabor you with details of these high crimes which have surely been documented and reported by the U.S. State Department to your Office.

The Filipino people also yearn for change from the effrontery of hopelessness and the curse of decadence that Ms Arroyo represents. In your meeting with Ms Arroyo, we feel confident that you will make clear to her that a Government that does not comply with the Principles of Democracy and respect for Human Rights cannot have the approval and support of your administration. We implore you Mr. President to inspire hope and be an instrument of change for the common good of the long suffering Filipino people.

Signatories:

Teofisto Guingona Jr. former vice president; Jovito R. Salonga, former Senate president;
Franklin Drilon, former Senate president; Camilo D. Quiason, former SC Justice;

Former senators Wigberto Tañada, Sergio Osmeña III, Vicente T. Paterno, Agapito A. Aquino;

Josefina T. Lichauco, former cabinet secretary, Concerned Citizens Movement; Francisco I. Chavez, former Solicitor General; Corazon J. Soliman, former cabinet secretary; Juan Santos, former cabinet secretary;

Jejomar C. Binay, mayor, Makati City; Bro. Eddie C. Villanueva, national chairman, PJM; Sr. Mary John Mananza, OSB, co-chairperson, AMRSP; Harry L. Roque, Jr., UP Law, Concerned Citizens Movement; Jun I. Lozada, state witness, ZTE/NBN

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July 20

HINDI SOLUSYON ANG PAGSHORTCUT NG BATAS
Gusto ko talaga na magiging automated o computerized na ang eleksyon sa 2010 para mabawasan ang dayaan.

Sa bilangan kasi ang malakihang dayaan. Kaya kapag hindi manual (yung tao ang magbibilang), naniniwala ako na mababawasan ang dayaan.

Dapat masaya tayo na naayos kontrata ng Smartmatic-TIM at Comelec at tuloy-tuloy na ang computerized election. Kaya lang, mukhang maraming nakatagong mga hindi kanais-nais itong kontrata na ngayon lang lumalabas.Kapag kwestyunable ang kumpanya, medyo nakakatakot sa laki at napaka-importante ng kontratang ito.

Sabi ni Atty. Harry Roque ng Concerned Citizens Movement na ang pumirma sa kontrata sa Comelec at ang Smartmatic International Corporation na nakarehistro sa Pilipinas. Ang kumpanya na magpapatupd ng kontrata, katulad ng pagsupply ng mga computer at mga software ay ang Smartmatic na nakabase sa Netherlands. Meron din nakalagay Barbados.

Kapag meron aberya, sino ang ating hahabulin at saan tayo hahabol?

May inilabas ang VERA Files na report kahapon na ayun sa kontrata ng Smartmatic-TIM at Comelec, bago pa makapag-deliber ang kumpanya ng isang computer na gagamitin sa 2010 na eleksyun, bayad na sila ng 40 porsyento (P3 bilyon) ng P7.2 bilyon na kontrata.

Bago matapos itong buwan ng Hulyo, magbubukas na ng irrevocable letter of credit sa Land Bank ang Comelec para sa buong P7.2 bilyon at doon na magw-withdraw ang Smartmatic-TIM.

Ayun sa kontrata, sabi ng Vera Files, babayaran na ng Comelec and Smartmatic TIM Corp. ng P2.5 bilyon para sa counting machines na tinatawag nilang Precinct Count Optical Scan (PCOS) na idi-deliber pa lang sa Nobiembre 2009 ng 12,000 na units; sa Disyembre 2009, 30,000; sa Enero 2010 panibagong 30,000 at sa Pebrero 2010, ang pinkahuling delivery ng 12,200 units.

Kahapon nag-file sa Supreme Court ng motion sina Roque na ihinto muna ang pagbayad sa Smartmatic-TIM habang nire-resolba pa ang legalidad ng kanilang kontrata. Sabi ni Roque baka maparehas na naman yan sa nabulilyaso na P1.3 bilyon kontrata sa Mega Pacific.

Walang nangyari doon sa mga makinang nakuha ng Comelec sa Mega Pacific at nabubulok na lang sa mga bodega. Nalugi ng P1.3 bilyon ang taumbayan at walang nakakulong. Kampante pa rin si dating Comelec Chairman Benjamin Abalos at ang kanyang mga galamay.

Dahil sa gahol sa oras, marami ang sadyang hindi na nag-usisa ng detalya ng kontrata ng Smartmatic-TIM at Comelec. Medyo nakakabahala ito kasi kung may mga na-shortcut na batas, kapag may problema balang araw, hindi malalaman kung sino ang mananagot.

Dapat matuto na tayo na ang pag-shortcut sa batas ay hindi solusyon. Ang pinak-klarong ehemplo ay itong pekeng pagka-presidente ni Gloria Arroyo.

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July 19
Si Obama para sa Amerika; para kanino si Arroyo?

Ang daming haka-haka kung bakit inimbita si Gloria Arroyo sa White House sa Hulyo 30.

Sa akin, kung ano man yun, dapat palagi natin isipin na ang ating kapakanan ay ating responsibilidad. Hindi natin dapat i-asa kay Pangulong Barack Obama ng Amerika.

Kahit na mas desente naman tao si Obama kaysa kay George W. Bush, ang obligasyon pa rin niya ay sa mga Amerikano. Kung magkasalungat ang interest ng Pilipino at Amerikano, obligasyon ni Obama na ipaglaban ang interest ng Amerikano.

Huwag tayo mag-ilusyon na mahal tayo ni Obama.

May mga nagsasabi na kaya raw inimbita si Arroyo para bigyan daw ng lecture ni Obama si Arroyo na huwag magkamaling mag-deklara ng martial law.

Kungsabagay, kung magdeklara si Arroyo ng martial law o emergency rule, talagang magkakagulo ang Pilipinas at ang mga interes ng Amerikano dito ay malalagay sa alanganin.

Kung hindi malalagay sa alanganin ang interest ng Amerikano, wala silang paki-alam kung martial law, emergency rule, Con-Ass at kung labag sa Constitution.

Nangyari na ito noong 2001 nang linabag ni Arroyo ang Constitution at inagaw ang pagka-presidente kay Joseph Estrada. Nang una, nagwarning pa ang kanilang acting ambassador dito na kailangan ayon sa Constitution. Nang inagaw na ni Arroyo ang pagka-presidente na wala namang bakante, pumalakpak na rin ang Amerika. Lalo pa ng inanyayahan ni Arroyo ang mga Amerikanong sundalo mag-operasyon dito sa Pilipinas dahil may mga terorista daw dito.

Kasabwat pa nga ni Arroyo ang mga Amerikano na ihiwalay ang ilang bahagi ng Mindanao sa Pilipinas sa naunsyaming MOA-AD (Memorandum of Agreement on Ancestral Domain), di ba? Mabuti lang umalma ang marami.

Sabi ng isang foreign affairs official, pinagbigyan na rin daw si Arroyo sa White House sa sobrang panikluhod ng ating embassy sa White House at sa State Department.

Pupunta kasi si Obama sa Singapore sa Nobiembre para sa miting ng mga lider ng Asia Pacific Economic Cooperation. Malamang dadaan siya sa China o Japan at isa pang Southeast Asian country. Dahil sa natanggap na niya si Arroyo sa White House, malamang hindi na siya pupunta sa Pilipinas.

Ang isipin natin, ano ba ang kailangan ng Amerika sa Pilipinas na siyang dahilan na pinagbibigyan ni Obama si Arroyo? Ang pangunahin na kailangan ng Amerika ang lugar sa Southeast Asia na kung saan libre sila mag-operate, magman-man laban sa international na terorista. Siyempre, ibigay ni Arroyo yan.

Kailangan din nila ang Pilipinas kung saan sila magman-man sa China. Siyempre bigay din ni Gloria yan.

Basta lang ba maka-pag palitrato, kasama ang kanyang pamilya at sobra isang daan ng mga tutang kongresista, ibibigay ni Arroyo ang buong Pilipinas.
July 10
Resulta ng Palaging Pagsisinungaling

Sunod na sunod ang bombahan nitong mga nakaraang araw. Noong Martes lang, dalawang lugar ang binomba: sa Jolo, Sulu at sa Iligan, Lanao del Norte.

Noong Linggo, sa Cotabato City sa litsunan sa tapat ng simbahan.

Maraming namatay at madadagdagan pa ang bilang habang sinusulat ito dahil marami sa mga nasugatan ay grabe ang kalagayan.

May mga tinutukoy na ang mga awtoridad kung sino ang may kagagawan. Sa Cotabato City, tinuturo nila ang Moro Islamic Liberation Front at sabi nila ito raw ay panggulo para maalis ang atensyon ng military sa kanilang pagtugis kay Kumander Ombra Kato. Siyempre, tinataggi ng MILF.

Sabi nila ang bomba raw sa Iligan ay may kuneksyon sa pasabog sa Cotabato City.

Abu Sayyaf naman ang suspetsa nila sa Jolo at panggulo din daw para maibsan ang puwersa na tumutugis sa mga bandido na hawak pa hanggang ngayon si Eugenio Vagni ang Italyano na nagtatrabaho sa International Red Cross.

Sabi ni Justice Undesecretary Ric Blancaflor , spokesman ng Anti-Terrorism Council, lumalabas na itong mga pambubomba ay bahagi lamang ng malaking plano para magsabog ng lagim. Kung ano ang gusto nilang makamtan, hindi pa natin alam, sabi niya. Ang klaro ito ay kagagawan ng mga terorista na walang habag sa mga inosenteng sibilyan.

Sa programang Strictly Politics sa ANC noong Martes ng gabi, sinabi naman ni dating Pangulong Estrada na naniniwala siyang Abu Sayyaf at MILF ang may kagagawan. Sabi niya ang lumalabas sa mga bombahan na ito ay napakahina ng pamahalaan ni Arroyo. “Kayang-kaya ng mga rebelde,” sabi ni Estrada.

Kasama sa kahinaan ni Arroyo ay ang pagka walang kredibilidad. Nakakalungkot nga na mas maraming pang naniniwala sa MILF at sa Abu Sayyaf kaysa kay Arroyo at sa kanyang mga opisyal.

Marami akong narinig na nagsasabing itong pagbubomba ay kagagawan ng mga tuhan l ni Arroyo na ayaw bumitaw sa kapangyarihan.

Sa pagdalas ng pambubomba, lumalakas ang paniwala ng marami na ito lahat ay pakana nina Arroyo para magkaroon ng rason na magdeklara ng martial law.

Kung totoo naman talaga na kagagawan ng Abu Sayyaf o MILF ay may kaugnayan sa mga terorista sa labas ng bansa, ang sitwasyon ng Malacañang ay parang boy who cried wolf.

Ito yung kwento ng batang nagbabantay ng karnero na mahilig manloko at sumisigaw ng “Wolf! Wolf!”. Kunwari may dumadating na lobo para atakihin ang mga karnero. Takbo naman ang mga tao para tulungan siya. Natutuwa siya na nakapanloko siya.

Isang araw, dumating nga ang lobo. Sumigaw siya ng tulong, hindi na naniwala ang mga tao. Ubos ang kanyang mga karnero.

Iyan ang resulta ng palaging pagsisinungaling.
July 5
Namimilipit si Remonde sa Pekeng Boobs ni GMA

Si dating Pangulong Cory Aquino ay nasa maselang lagay dahil sa kanyang sakit na colon kanser at pinagdadasal natin bigyan siya at ang kanyang pamilya ng lakas sa pagsubok na dumadaan sa kanilang buhay.

Ito naman si Gloria Arroyo ang pinag-uusapan ng mga tao ay ang kanyang problema sa kanyang pekeng boobs.

Siyempre, katulad ng dati, kung ano-anong kuwento ang ginawa ng Malacañang. Nang nabuking na, saka nalang umamin.

Ang drama ng Malacañang kung bakit pumasok sa Asian Hospital si Arroyo noong noong Miyerkules, pagdating niya galing sa kanyang biyahe sa Japan, Colombia (na sinikreto rin sa taumbayan hanggang nabuking), Brazil at Hongkong ay quarantine daw dahil sa AH1N1. Kahit na sinabi na ng Department of Health na hindi na kailangan ang quarantine. Ang ibang kasama nga niya sa biyahe hindi na nag-quarantine.

Unang lumabas ang report tungkol sa mammoplasty (ang paglagay ng silicon sa loob ng suso para lumaki) ni Arroyo sa Manila Bulletin noong Huwebes. Kaagad sinabi ni Executive Secretary Eduardo Ermita at Press Secretary Serge Remonde na hindi totoo ang balita tuingkol sa pagretoke ng boobs ni Arroyo.

Kahit na marami ng reports na lumabas pa, pinipilit pa rin ni Remonde na hindi totoo. Sa TV Patrol, namimilipit siya kung paano ibenta ang kanyang pekeng bersyon. Sabi niya ang mga nagpapa-implant lang daw ay ang mga seksing artista na makikita mo naman na hindi kapani-paniwala ang mga boobs. “We can’t say the same for the president.” (Hindi natin masasabi ‘yan sa Pangulo), sabi pa niya.

Aba, nang “Bandila” na, ang halos hatinggabing news program ng ABS-CBN, nag-iba na ang tuno ni Remonde. Inamin na na totoo raw na nagkaroon ng silicon implant si Arroyo noong mga taong 1980s. Medyo nagkaroon ng problema kaya pina-biopsy. At ang resulta daw ay “negative.” Ibig sabihin, hindi cancerous. May report din na may kinuhang cyst daw sa hita.

Ang mahalaga, sabi ni Remonde, ay lumabas sa check-up na maganda ang kalusugan ni Arroyo.

Kung ano-anong biro na ang lumabas tungkol sa boob job ni Arroyo. Sabi nga ng isa sa aking blog, ano na lang ang natirang hindi peke kay Arroyo? Sagot: “Ang kanyang kasakiman. Orig yun.”

Alam naman ng lahat na karamihan sa mga Pilipino ay galit kay Arroyo at iyun ay lumalabas sa mga komento tungkol sa kanyang boob job. Ito ang isa na talagang sumakit ang tiyan ko sa kakakatawa galing sa isang blogger na nangangalang Tongue-Twisted:

Dati, ang boobs ni Putot ganito |_|_|
Kaya nung 1980’s nagpagawa siya ng ganito (*)(*)
Pero nung isang araw, pumutok! (x)(x)
Kaya pinaayos niya dahil hindi na pantay (o)(O)
Naayos na kaya ganito na siya ngayon (oYo)

Sabotahe ng Kasakiman
Hindi pa malinaw ang lahat ngunit mukhang sinasabotahe ng kasakiman ng mga nasa kapangyarihan ang computerization of 2010 na eleksyon.

Nabahala ang marami noong Lunes ng sinabi ni Comelec Chair Jose Melo na umatras ang Total Information Management, ang Filipino na partner ng Smartmatic Corp, ang nanalo na kumpanya na taga Barbados sa $7.2 bilyon na kontrata para magiging computerized ang bilangan sa eleksyon simula sa 2010.

Iba-iba ang lumalabas na dahilan. Isa dyan ang pagpipilit ng TIM na sila ang may kontrol ng operasyon dahil sila ang mas may malaking share ayun sa ating Constitution na 60 per cent ang sa Pilipino at 40 ang sa mga banyaga.

Gusto raw kasi ng Smartmatic sila ang may kontrol dahil sa kanila ang technology. Sabi ng TIM, labag yan sa Constitution. Ang lalabas nun para lang silang dummy katulad ng maraming malakihan na joint ventures.

Sabi kasi ng TIM, gusto nila sila ang may kontrol dahil kung ano ang mangyari na bulilyaso, sila ang mapapahamak. Pilipino sila kaya kulungan ang bagsak nila.

Itong isyu ng TIM ay lumabas daw ng malaman nila na merong isang negosyante na malapit sa malacañang na pumasok sa eksena bilang “carried” partner.

Ang “carried” partner ay isang kumpanya o negosyante na gustong maki-ambon sa kita kahit na wala namang binigay na capital. Siyempre ang may lakas na loob lang na gagawa niyan ay ang malapit sa may kapangyarihan.

Itong negosyante daw ay taga-Cebu kung saan lumamang kuno si Arroyo kay Fernando Poe, Jr. noong 2004 ng sobra isang milyong boto. Maraming isyu na lumabas kalaunan sa mga boto sa maraming presinto sa Cebu na hindi kapani-paniwala. Sobrang taas ng voters’ turn out na para bang walang namatay o nag-abroad sa mga botante sa listahan.

Sinabi ng presidente ng TIM na si Jose Mari Antunez na nakita raw ng isang kasama niya sa kumpanya itong negosyante na taga Cebu at ang isang opisyal ng Smartmatic na nag-uusap sa isang hotel.

Pagtapos daw ng ilang araw tinawagan siya ng negosyanteng ito na kailgnan siyang makikipag-cooperate. Kung hindi magagalit sa kanya ang mga “may kapangyarihan.”

Siyempre maraming hakang-haka kung sino itong negosyante na taga Cebu na malapit sa kapangyarihan. Ewan, hindi ko rin alam.

Bago ko makalimutan, may isa pa palang kasama ang Smartmatic at TIM: ang 2GO, isang freight forwarding na kumpanya na pag-aari ng mga Aboitiz ng Cebu na kilalang malapit kay Arroyo.

Nang humarap ang mga taga- Comelec sa Senado, sinabi na ang 2Go daw ang magdadala ng mga computer sa lahat na 80,000 na presinto sa buong bansa.

Ayos na.