Oust Gloria Arroyo: Bishop Move, Checkmate?

Gloria must go: CBCP head
Says Arroyo hopelessly corrupt

Malaya 10/29/2008 BY GERARD NAVAL

ARCHBISHOP Angel Lagdameo yesterday called on Filipinos to start preparing for a new government, citing the need for transformation amid rampant state corruption.

Reading a prepared statement at a press conference, the Jaro (Iloilo) bishop said there is a real need to have a new government as the current one has been severely stricken by the "social and moral cancer" that is corruption.

"In response to the global economic crisis and the pitiful state of our country, the time to rebuild our country economically, socially, politically is now. The time to start radical reforms is now. The time for moral regeneration is now. The time to conquer complacency, cynicism and apathy and to prove that we have matured from our political disappointments is now. The time to prepare a new government is now," he said.

Asked if his statement is tantamount to calling for a public uprising to force President Arroyo to step down, Lagdameo said it is up to the people to decide what course of action to take.

"Kailangan ang taong bayan ay magsama-sama kung paano sila mag-response together dun sa sulat namin na sinabi naming communal discernment and communal action," he said in an interview.

Lagdameo clarified he was making the statement as a bishop and not as president of the Catholic Bishops Conference of the Philippines.

During the press conference, he was flanked by four other prelates — Lingayen-Dagupan Archbishop Oscar Cruz, and Bishops Joel Baylon (Masbate) and Socrates Villegas (Balanga), and Bishop emeritus Jose Sorra.

Lagdameo said the presence of the four signifies their concurrence to his statement which he said was spurred by a letter sent to him by the Association of Major Religious Superiors in the Philippines.

The AMRSP letter said: "At this time when people are losing hope and are becoming cynical and apathetic, a prophetic word from you will be like a Pentecost event, a rekindling of hope and an inspiration and impetus to take active part on social transformation."

Lagdameo said corruption has been continuously growing despite repeated condemnation by the Catholic Church and calls for widespread reform.

"In the past few years up to today, we have watched how corruption has become endemic, massive, systemic and rampant in our politics. The faces and symptoms of corruption are overprized projects, multi-billion scams of various kinds, election manipulations, anomalous transactions, bribery of both high and low, unsolved murders of media practitioners. Corruption is a social and moral cancer," Lagdameo said.

He noted there have been at least three CBCP statements denouncing corruption.

Lagdameo said he believes Arroyo is a corrupt leader and has done little in preparing for a new government that could make a transition away from a corrupt one.

In his statement, Lagdameo said corruption is the reason the country could not get out of the quagmire it is in.

"Corruption impedes economic development, worsens income inequity and poverty, endangers public order and safety. Corruption results in bureaucratic inefficiency and demoralization," Lagdameo said.

The bishops said they are hopeful new leaders will emerge in the process of "liberating" the country from the claws of corruption.

"In spite of the seemingly hopeless and negative prognosis, our liberation may yet serendipitously happen. We are dreaming, praying and hoping that our country may yet have the liberators. Yes, liberators who will, in a courageous peaceful way, effectively and uncompromisingly reform our country," they said in the statement.

Cruz said corruption under the Arroyo administration is something that cannot be dealt with by the human justice system alone.

"Corruption in such an extensive degree in the Philippines is a crime that cries to heaven for vengeance. Corruption in this country has become endemic, systemic, from top to bottom in government. Perhaps they may be given the punishment they deserve by the human justice system, but that’s not enough. Someone else in the Higher Authority will punish them as they deserve," said Cruz, former CBCP president.

The known Arroyo critic said it was not too long ago when the President received the "distinction" of being the most corrupt president in the country’s history.

"Though our country is at the 11th place of the most corrupt from the bottom, we even have a gold medalist of corruption in our national leader. To say that the Malacañang occupant is a follower of corruption and not a leader in corruption is already asking too much. Perhaps, if this is said, it will take someone from the moon to believe that the head of corruption is down below and not above," Cruz said.

Press Secretary Jesus Dureza pooh-poohed the4 statements. He said: "The President prefers to focus on her work rather than waste time on criticism and statements of critics like the reported claim of Lingayen Archbishop Oscar Cruz that President Arroyo is corrupt."

"We will continue to focus on our work for the poor and address a bigger issue which is addressing this global crisis. It is up to them to make (such statements). The priority of the President and the government now is to attend to the bigger issue which will be determinative of our future as a nation," he said.

Villegas said they are hoping their statement will continuously bother the public.

"We are not here to bring you peace. We are here to disturb you. I’m praying to God that after this meeting, may the Lord trouble you because the trouble that comes from the Lord is going to make you a better person and it’s going to make the country a better country," said the protégé of Cardinal Jaime Sin, archbishop of Manila.

Villegas said that with the current state of the government, there must be very drastic and dramatic actions from each and every one.

"If we have been only half less corrupt, we would have more money to feed our children, more money to put up schools, more money to bring medicines to hospitals. The problem is not population. The problem is corruption. Just cut the corruption in half and we would have enough money to take care of the poor," Villegas said. – With Jocelyn Montemayor

SWS survey: 3.3M households experience hunger

Ramdam na ramdam ang kagutoman sa ilalim ng rehimeng Arroyo. Gloria Arryo finds another alibi for her failures to improve the lives of the poor: blame the Wall Street financial crisis.

3.3M households experience hunger - latest SWS survey
10/20/2008

MANILA, Philippines - As many as 3.3 million households experienced hunger in the last three months, the BusinessWorld reported Monday quoting the Social Weather Stations' September survey results.

The BusinessWorld report said at 18.4% in September, the SWS’ measure is now six points above a 10-year hunger average of 12.3% and “the latest figure was also the highest in four quarters since September 2007’s record 21.5%."

Meanwhile, National Nutrition Council executive director Maria Bernardita T. Flores told BusinessWorld that higher commodity prices and typhoons had affected the ability of people to buy food.

"The people felt the impact of food and fuel price increases," she told the paper in a telephone interview. "Weather disturbances such as typhoon Frank [which hit in June] may have affected the supply of food in the market ... Weather affects the supply of food in the market and less supply leads to a higher price," she said.

The SWS’s face-to-face interviews was conducted from September 24 to 27 involving 1,500 household heads nationwide.

It asked: "Nitong nakaraang tatlong buwan, nang-yari po ba kahit minsan na ang inyong pamilya ay nakaranas ng gutom at wala kayong makain? Kung oo: nangyari po ba ’yan ng minsan lamang, mga ilang beses, madalas, o palagi? (In the past three months, was there an instance when your family experienced hunger or had nothing to eat? If yes, did it happen only once, a few times, often, or always?)"

The report said: “Total hunger went up two points from June’s 16.3%, due to moderate hunger rising to 15.2% from 12.1% previously. The moderate hunger result, which included those who did not state their frequency of hunger, is equivalent to some 2.7 million families and is six points above the ten-year average.

“Severe hunger, meanwhile, fell to 3.2% (about 580,000 families) from 4.2% (about 760,000 families) in June, a rate equal to the ten-year average."

The report added that Metro Manila had the highest proportion of families which experienced hunger, at 23% (560,000 families). Next was Luzon at 20% (1.6 million families). Luzon was also where hunger rose the furthest, by eight points, from June’s 12.3%. In Mindanao it was up slightly at 18.3% (750,000 families) but was down eight points in the Visayas to 11.7% (420,000 families).

Visit BusinessWorld online (http://www.bworldonline.com/BW102008/content.php?id=001) for the complete story. - GMANews.TV

Philippines flunks MCA's corruption-curbing test

Chances of fresh grant from USAID slim to none

Gloria's RP flunks MCA's corruption-curbing test

By Michaela P. del Callar

Daily Tribune 10/20/2008

The chances of the Philippines under the stewardship of President Arroyo in the matter of securing a fresh grant from a US government aid agency may be slim to none after a Washington-based think-tank gave the country a poor rating for failing to curb corruption in the government.

Mrs. Arroyo and her administration flunked the corruption curbing test, with the percentile ratings going lower and lower, and on its third year, the percentile rating went below the 50 mark.

In its Sept. 26, 2008 country assessment report, the Center for Global Development (CGD) said the Philippines has failed the control of corruption indicator this year since the Millennium Challenge Corp. (MCC), which provides financial assistance to developing countries, was established three years ago.

CGD monitors and analyzes the Millennium Challenge Account (MCA).

The report where it was stated that the Philippines flunked the test was written by Amy Crone, CGD research and policy analyst, and Sheila Herrling, a senior policy analyst and manager of the MCA Monitor.

CGD stated that the Philippines fails the control of corruption indicator after passing it in each year since the inception of the MCC.

CDG said the Philippine corruption rating dropped sharply in the last two years falling from the 76th percentile two years ago, to the 57th percentile last year, to the 47th percentile this year.

This decline creates an awkward situation for the MCC for two reasons: First, the Philippines was declared eligible by the MCC Board just six months ago in a highly unusual out-of-cycle decision, CGD said.

The Philippines is currently an MCC Threshold Country, having been given in 2007 a grant of US$21 million to fund anti-corruption projects after the government demonstrated its commitment to enact reforms necessary to improve policy and performance. The funding will end Nov. 21, coinciding with the weakening of the Philippines' corruption-curbing score.

In March this year, the MCC announced that the Philippines was already qualified to apply for an MCC poverty-reduction grant, known as a compact.

As a compact-eligible country, the Philippines can apply for a large-scale grant for poverty reduction.

It will be recalled that Mrs. Arroyo crowed about this achievement in her fight against corruption, saying that the country is now eligible for a large scale grant from the US aid agency.

But MCA officials in the past have noted that being selected as an eligible country does not guarantee additional funding nor will submission by the Philippines of a proposal guarantee a successful conclusion of a compact agreement.

The Board raised concerns over the fragility of the Philippines' control of corruption score during the regular FY2008 selection round, which now appear to have been justified. This new score will raise questions about the Philippines' eligibility just as it initiates compact development, CDG said.

To receive MCA funding, the MCC asks eligible countries to develop investment proposals that will reduce poverty by spurring economic growth.

The US Embassy in Manila said the MCC will evaluate the Philippine investment proposals based on two main criteria. It said the MCC will identify the country's obstacles to growth and review its strategy for addressing these challenges and finally, verify if the proposals reflect the goals of the people of the Philippines.

In the CDG report, entitled Which Countries Make the FY2009 Corruption Cut? it was stated that Good governance is one of the foundational principles of the Millennium Challenge Corporation (MCC), so much so that it uses five of the World Bank Institute's (WBI) Global Governance Indicators each year to assess country performance and select countries eligible for funding. One of these indicators is the WBI's control of corruptionindicator which is the only hard hurdle in the selection process, meaning that a country must pass it in order to become eligible.

This year, the report stated, several notable changes in the control of corruption scores were noted in the Lower- Income Country (LIC) group, with the Philippines failing the corruption hurdle for the first time; Nicaragua also fails for the first time, scoring as the median country (a failing score); Timor-Leste continues a pattern of decline; Indonesia, a current Threshold program country, improves from the median in FY2008 to the 56th percentile; Rwanda, a Threshold program country, maintains its position after a significant leap last year to one of the top five countries with a score in the 97th percentile; Liberia, which is not currently MCA eligible, passes the corruption hurdle for the first time, and passes easily, landing in the 88th percentile.

Indonesia passed the control of corruption indicator for the first time, rising from the 50th percentile last year to the 56th percentile this year. Indonesia continues to demonstrate improvement in the governance indicators; this year is the third in which all of the Ruling Justly indicators scores are the same 7 or higher than the previous year. The score for control of corruption this year is particularly noteworthy, as Indonesia would have passed even if the median hurdle had not been lowered due to the removal of Cuba,8 Georgia, and Vanuatu.

Indonesia has another year left in its $55 million threshold program, a major component of which focuses on corruption.

The report stated that Philippines failed in the control of corruption indicator after passing it in each year since the inception of the MCC. Its score dropped sharply in the last two years.

It added that the drop created an awkward situation for the MCC.

This new score will raise questions about the Philippines' eligibility just as it initiates compact development. Second, it raises questions about the efficacy of MCC Threshold Programs in making a measurable impact on the control of corruption indicator.

In most local and global surveys on corruption in the Philippines under Mrs. Arroyo, the country has always figured high in the corruption surveys, with one survey in the country stating that Mrs. Arroyo is the most corrupt president ever.

The country has also been adjudged as the most corrupt country in Southeast Asia.

How the Charter was violated 36 times in the MOA AD

The Supreme Court ruling should be included in the latest impeachment complaint against de facto President Gloria Arroyo.

How the Charter was violated 36 times in the MOA AD

BY AMADO P. MACASAET

THE Supreme Court vote was a tenuous 8-7 against the MOA AD. If one looked at the 36 violations of the Constitution seen by Associate Justice Antonio T. Carpio, one would have expected a unanimous ruling.

The seven dissenters led by Associate Justice Dante Tinga never saw it Carpio’s way. Yet the presumption is they did their job of opposing the majority ruling in defense of the Constitution, which as everyone knows is also in defense of President Arroyo’s propensity to violate the Fundamental Law.

The Supreme Court is almost always split over an issue. But when it becomes obvious that a ruling leaves the independence of the magistrates in doubt, democracy dies a bit. This was most clearly manifested in the 9-6 ruling in favor of the grant of executive privilege to the President.

The Court practically put on ice the controversial ZTE-broadband deal with that ruling. The Court prevented the President’s men, notably Romulo Neri, from telling the Senate the truth of what he knew.

In a separate concurring opinion on the MOA AD case, Carpio listed the 36 violations of the Constitution. If the Court had ruled in favor of the MOA-AD, the Constitution might not be worth the value of the paper it is written on.

The 36 violations of the Charter, listed by Carpio in his separate concurring opinion, are:

• Article 1 on the National Territory. During the oral arguments, Atty. Sedfrey Candelaria, principal counsel of the GRP panel, stated that this provision would have to be amended to conform to the MOA-AD.

• Section 3, Article II on the role of the Armed Forces of the Philippines as "protector of the people and the state." Under the MOA AD, the AFP’s role is only to defend the BJE (Bangsamoro Judicial Entity) against external aggression.

• Article III on the Bill of Rights. The MOA AD does not state that the Bill of Rights will apply to the BJE. The MOA AD refers only to the "internationally recognized human rights instruments" such as the United Nations Universal Declaration on Human Rights, International Humanitarian Law, and the United Nations Declaration on the Rights of Indigenous Peoples. No reference is made to the Bill of Rights or even to the Constitution.

• Section 1, Article VI on the Legislative Department. Legislative power shall no longer be vested solely in the Congress of the Philippines. Under the MOA-AD, the BJE shall "build, develop and maintain its own institutions" like a legislature whose laws are not subordinate to laws passed by Congress.

• Section 1, Article VII on executive power. Executive power shall no longer be vested exclusively in the President of the Philippines. The BJE shall have its own Chief Executive who will not be under the supervision of the President.

• Section 16, Article VII on the President’s power to appoint certain officials, including military officers from the rank of colonel or naval captain, with the consent of the Commission on Appointments. All public officials in the BJE, including military officers of any rank in the BJE internal security force, will be appointed in accordance with the BJE’s own basic law or constitution.

• Section 17, Article VII on the President’s control over all executive departments. The President will not control executive bureaus or offices in the BJE, like foreign trade missions of the BJE.

• Section 18, Article VII on the President as "Commander-in-Chief of all armed forces of the Philippines." Under the MOA-AD, the President will not be the Commander-in-Chief of the BJE’s internal security force. The BJE’s internal security force will not be part of the AFP chain of command.

• Section 21, Article VII on the ratification of treaties and international agreements by the Senate. This will not apply to the BJE which, under the MOA-AD, has the power to enter into economic and trade treaties with other countries.

• Section 1, Article VIII on judicial power being vested in one Supreme Court. Since the BJE will have "its own x x x judicial system," the BJE will also have its own Supreme Court.

• Section 2, Article VIII on the power of Congress to define and apportion the jurisdiction of lower courts. Under the MOA-AD, Congress cannot prescribe the jurisdiction of BJE courts.

• Section 5(2), Article VIII on the power of the Supreme Court to review decisions of lower courts and to promulgate rules of pleadings and practice in all courts. Under the MOA-AD, the BJE will have its own judicial system. Decisions of BJE courts are not reviewable by the Supreme Court.

• Section 5(6), Article VII on the power of the Supreme Court to appoint all officials and employees to the Judiciary. This power will not apply to courts in the BJE.

• Section 6, Article VIII on the Supreme Court’s administrative supervision over all courts and their personnel. Under the MOA-AD, the Supreme Court will not exercise administrative supervision over BJE courts and their personnel.

• Section 9, Article VIII on the appointment by the President of all judges in the Judiciary from nominees recommended by the Judicial and Bar Council. This provision will not apply to courts in the BJE.

• Section 11, Article VIII on the power of the Supreme Court to discipline judges of all lower courts. This power will not apply to judges in the BJE.

• Section 1(1), Article IX-B on the power of the Civil Service Commission to administer the civil service. Under the MOA-AD, the BJE will have "its own x x x civil service." The Civil Service Commission will have no jurisdiction over the BJE’s Civil Service.

• Section 2(1), Article IX-C on the power of the Commission on Elections to enforce and administer all election laws. Under the MOA-AD, the BJE will have "its own x x x electoral system" The Commission on Elections will have no jurisdiction over the BJE’s electoral system.

• Section 2(1), Article IX-D on the power of the Commission on Audit to examine and audit all subdivisions, agencies, and instrumentalities of the Government. Under the MOA-AD, the BJE can "build, develop and maintain its own institutions" without limit. The BJE can create its own audit authority. The Commission on Audit will have no jurisdiction over the BJE or its subdivisions, agencies, or instrumentalities.

• Section1, Article X on the political subdivisions of the Philippines. A new political subdivision for the BJE will have to be created.

• Section 4, Article X on the power of the President to exercise general supervision over all local governments. Under the MOA-AD, this provision will not apply to the BJE.

• Section 5, Article X subjecting the taxing power of local governments to limitations prescribed by Congress. Under the MOA-AD, the BJE shall have "its own x x x legislation." The BJE’s taxing power will not be subject to limitations imposed by national law.

• Section 6, Article X on the "just share" of local government units in national taxes. Since the BJE is in reality independent from the national government, this provision will have to be revised to reflect the independent status of the BJE and its component cities, municipalities and barangays vis-à-vis other local government units.

• Section 10, Article X on the alteration of boundaries of local government units, which requires a plebiscite "in the political units affected." Under paragraph 2(d) on Territory of the MOA-AD, the plebiscite is only in the barangays and municipalities identified as expansion areas of the BJE. There will be no plebiscite "in the political units affected," which should include all the barangays within a city, and all municipalities within a province.

· Section 15, Article X on the creation of autonomous regions within the framework of the Constitution, national sovereignty and territorial integrity of the Philippines. This will have to be revised since under the MOA-AD the BJE has all the attributes of a state.

· Section 16, Article X on the President’s power to exercise general supervision over autonomous regions. This provision will not apply to the BJE, which is totally independent from the President’s supervision.

• Section 17, Article X which vests in the National Government residual powers, or those powers which are not granted by the Constitution or laws to autonomous regions. This will not apply to the BJE.

• Section 18, Article X which requires that personal, family and property laws of autonomous regions shall be consistent with the Constitution and national laws. This will not apply to the BJE which will have its own basic law or constitution.

• Section 20, Article X on the legislative powers of the autonomous regional assemblies whose laws are subject to the Constitution and national laws. This provision will not apply to the BJE.

• Section 21, Article X on the preservation of peace and order within autonomous regions by the local police as provided in national laws. Under the MOA-AD, the BJE shall have "its own x x x police" to preserve peace and order within the BJE.

• Section 2, Article XII on State ownership of all lands of the public domain and of all natural resources of the Philippines. Under paragraph 3 on Concepts and Principles of the MOA-AD, ancestral domain, which consists of ancestral lands and the natural resources in such lands, does not form part of the public domain. The ancestral domain of the Bangsamoro refers to land they or their ancestors continuously possessed since time immemorial, excluding the period that their possession was disrupted by conquest, war, civil disturbance, force majeure, other forms of usurpation or displacement by force, deceit or stealth, or as a consequence of government project, or any voluntary dealings by the government and private parties. Under paragraph 1 on Concepts and Principles of the MOA-AD, the Bangsamoro people are the Moros and all indigenous peoples of Mindanao, Sulu and Palawan. Thus, the ancestral domain of the Bangsamoro refers to the lands that all the peoples in Mindanao, Sulu and Palawan possessed before the arrival of the Spaniards in 1521. In short, the ancestral domain of the Bangsamoro refers to the entire Mindanao, Sulu and Palawan. This negates the Regalian doctrine in the 1935, 1973 and 1987 Constitutions.

• Section 9. Article XII on the establishment of an independent economic and planning agency headed by the President. This agency is the National Economic and Development Authority. Under the MOA-AD, the BJE will have its own economic planning agency.

• Section 20, Article XII on the establishment of an independent monetary authority, now the Bangko Sentral ng Pilipinas. Under the MOA-AD, the BJE will have its own financial and banking authority.

• Section 4, Article XVI on the maintenance of "a regular force necessary for the security of the State." This provision means there shall only be one "Armed Forces of the Philippines" under the command and control of the President. This provision will not apply to the BJE since under the MOA-AD, the BJE shall have "its own x x x internal security force" which will not be under the command and control of the President.

• Section 5(6), Article XVI on the composition of the armed forces, whose officers and men must be recruited proportionately from all provinces and cities as far as practicable. This will not apply to the BJE’s internal security force whose personnel will come only from BJE areas.

• Section 6, Article XVI on the establishment of one police force which shall be national in scope under the administration and control of a national police commission. The BJE will have "its own x x x police" which is a regional police force not administered or controlled by the National Police Commission.

How the seven dissenting jurists interpreted the Constitution another way and failed to see these violations will be long remembered as one of the more malignant signs that have placed in doubt the independence of the Supreme Court.

The swing vote of Associate Justice Leonardo Quisumbing carried the day for the majority.

The concurrence of Quisumbing does not matter half as much as the fact that there are seven justices who supported the MOA AD. If the voting had gone the other way, the suspicion that the Court is losing its independence to the Executive Branch would have gained credibility.

The tenuous majority of one says a lot about the independence of the Court but the magistrates can always hide and protect themselves by claiming that dissension is part of due process.

As in all cases, rulings boil down to numbers. The majority wins. How long they can rule independently as in the 8-7 vote on the MOA AD is an omen. MALAYA

Senate uncovers COMELEC's P5-B unliquidated cash advances

Senate uncovers COMELEC's P5-B unliquidated cash advances

abs-cbnNEWS.com | 10/02/2008 10:20 PM

Tables were turned Thursday when officials of the Commission on Elections tasked to defend the agency's request for additional budget became the subject of senators' questioning after it was found out that the COMELEC had almost P5 billion in unliquidated cash advances since 1984.

This prompted finance sub-committee chairman Sen. Miriam Defensor-Santiago to question COMELEC Chairman Jose Melo about the unliquidated cash advances until 2007.

"What I heard is that even those officials guilty of unliquidated cash advances are still being given cash advance which should not be," the senator said.

Melo, however, defended himself and the current batch of COMELEC officials.

"That was before our time...we will refer this to [the] Ombudsman for prosecution," he said.

Santiago likewise grilled the COMELEC officials present for a Makati Regional Trial Court judge's ruling that gave "due course" to the petition of Mega-Pacific eSolutions, Inc., to delay the return of P1 billion in funds paid by the elections body for the automated counting machines that were never used for the national polls in 2004.

It was learned that the lower court's decision contravened a ruling by the Supreme Court that voided the contract between the COMELEC and Mega-Pacific.

"The Supreme Court had already ruled... that's anomalous," Santiago said.

The COMELEC, meanwhile, said it will file a motion before the Supreme Court for summary judgment that would order Mega-Pacific to refund the agency's money.

At the same time, the elections body proposed a P21-billion supplemental budget for the automation of the presidential elections in 2010.

Committee member Sen. Richard Gordon said this may be feasible since the House appropriations committee has agreed to it.

Santiago, however, said the proposal was overpriced.

"It's just too expensive for a developing country," she said, adding that some basic services may be put aside if the lawmakers agree to the COMELEC's budget request. With a report from Maricar Bautista, ABS-CBN News