Watching the President
August 6-12, 2010
Congress
Aquino not meddling in Lacson case–Palace
Presidential spokesperson Edwin Lacierda on Saturday denied allegations that President Benigno Aquino III was meddling in the affairs of the judiciary when he ordered the Department of Justice to review the case of fugitive Sen. Panfilo “Ping” Lacson. Aquino III made the remarks after former police Supt. Glenn Dumlao, one of the witnesses in the case, alleged that he was only forced by prosecutors to accuse Lacson of being the mastermind in the murder of publicist Salvador Dacer and his driver Emmanuel Corbito in November 2000.
Lacierda explained that President Aquino only wants clarity on the issue and he is not meddling with the affairs of the Judiciary (Report from Norman Bordadora of the Philippine Daily Inquirer, Aug 7).
It is difficult not to taint the interest of Aquino with the Lacson case as meddling with the judiciary if he would not make his motives clear. Nonetheless, if it is true that what he wants is mere clarity on the matter at hand, then maybe his say on the matter could be treated as a cue that the president wants speedy resolution on matters concerning public interest.
Aquino III’s capture of the Senate: The inside story
The choice of Senator Juan Ponce Enrile (PMP) as Senate President paved the way for the capture of the key and strategic Senate committees by the minority Liberal Party of President Aquino III.
Apparently, on July 24, Enrile had dinner with Aquino III and LP leaders, at the White House, the residence of LP leader Manuel Mar Roxas, in Cubao, Quezon City. Sen. Franklin Drilon (LP), Budget Secretary Florencio Abad, Enrile and his chief of staff, Gigi Reyes were among those present. Enrile offered the President four Senate committees: finance, ways and means, blue ribbon and justice. These are four of the most powerful and important Senate committees that will help a new president take control of the legislative agenda, and Enrile offered them as a gesture of cooperation with the new administration.
Confirming the prearranged deal involving the delivery of control of the key committees, Drilon issued a statement saying: “The President having been elected LP president, it is but natural since the party has the mandate to express preference that his party gets certain committee chairmanship which are critical to his platform of his government on the basis of which he was elected into office.” (Report from Amando Doronila of Philippine Daily Inquirer, Aug 10)
Let’s just hope the deal is good for the country – and not solely for Enrile and the President’s Liberal Party.
AFP-PNP
AFP modernization pressed
Former Sen. Rodolfo Biazon urged government officials to help the lower House in fast-tracking the approval of a legislation that will authorize President Aquino III to modernize the military. He also called officials of the Armed Forces of the Philippines (AFP) to identify real estate properties, which the military could dispose to raise funds to benefit soldiers.
Biazon said the bill will complement measures already existing when the AFP Modernization Act, a law authorizing the allocation of P50 billion for five years to fund the military's modernization. The former senator said when approved, the bill could identify the remaining funds left to be allocated for the implementation of the military modernization act, which was only able to allocate a total of P60 billion, P5 billion of which is yet to be funded since its passage. (Report from Rio Rose Ribaya of Manila Bulletin, August 11)
The facilities and equipments of the AFP are very outdated, to say the least, and the need to improve such is very obvious. However, funding for the defense sector has been an arena of debate ever since. Should the Aquino government really prioritize AFP modernization when the education, health and social welfare sectors of the country are barely surviving?
Cabinet and other appointments
Palace reminded on SC vacancy
Supreme Court Administrator and Spokesman Jose Midas Marquez said the Chief Executive has until August 17 to fill the lone vacancy in the 15-member tribunal left by the appointment of Chief Justice Renato C. Corona last May 17. Under the Constitution, the President has 90 days from the occurrence of the vacancy to fill up the position; the period will end on the 17th.
Last July 29, the Judicial and Bar Council (JBC) submitted its nominees namely Court of Appeals (CA) Associate Justices Japar B. Dimaampao, Noel G. Tijam and Hakim S. Abdulwahid; Elections Commissioner Rene V. Sarmiento; former University of the Philippines Law Dean Raul C. Pangalangan; and lawyer Maria Lourdes A. Sereno, executive director of the Asian Institute of Management Policy Center. (Report from EDMER F. PANESA of Manila Bulletin, Aug 11)
The Supreme Court, being the highest tribunal of the land, is a very crucial body in the overall performance of the government. And considering that it is the SC that handles the case of the Hacienda Luisita land dispute, will Aquino's appointee work in his administration's favor?This is a call for the new President to insulate the high court from politics.
Sans TRO, all GMA appointees must go
Presidential spokesman Edwin Lacierda and Solicitor General Jose Anselmo Cadiz said since the Supreme Court did not issue the temporary restraining order (TRO) that was sought by the government officials who questioned EO 2, then the midnight appointees should automatically vacate their offices. Cadiz explained that the heads of departments or offices need not even fire these midnight appointees through letters or memoranda because EO 2 should be self-executory. He added that the appointments were void from the beginning as stated in the EO and must be respected by the concerned political appointees.
Lacierda said the public should be reminded that the midnight appointees were being replaced because they were unlawful and made to accommodate political allies at the expense of the government.
The SC ordered Executive Secretary Paquito Ochoa Jr. to comment on the petitions of director Eddie Tamondong of the Subic Bay Metropolitan Authority and Assistant Secretary Jose Arturo de Castro of the Department of Justice questioning the constitutionality of the order. Tamondong and De Castro questioned the legality of EO 2, claiming it violated the security of tenure for government officials as mandated in the Constitution, and showed abuse of executive power. Tamondong took his oath of office last March 10 while De Castro took his oath on March 25. (Report from Aurea Calica of The Philippine Star, Aug 12)
Midnight appointments are not just a problem during periods of presidential transition. Any current investigation on this matter should also include midnight decisions, midnight agreements, etc. all of which were issued at a time when the whole country’s attention is on election and the system of transparency and accountability is nowhere to be found.
Noynoy mulls abolition of NFA, other GOCCs
A briefer prepared by the Department of Budget and Management (DBM) showed that budget allocations for GOCCs for next year were cut by as much as P35.8 billion, from P59.1 billion this year. According to the document, the administration is no longer keen in backing the programs of GOCCs such as the NFA, the Light Rail Transit Authority and the Metro Rail Transit Corp.
The NFA’s P8-billion rice subsidy for rice procurement was already removed and will be diverted to the rice subsidies for the poor program of the Department of Social Welfare and Development.
In this connection, Sen. Franklin Drilon (LP) wants Congress to pass a law to govern the salaries and benefits of officials and employees of GOCCs. He also wants a law requiring GOCC executives to turn over to the government bonuses they receive from private companies where they sit in the board of directors. He rejected claims that the rationale for the high salaries of GOCC executives was to make them competitive with those of the private sector and prevent brain drain (Report from Delon Porcalla of The Philippine Star, Aug 12).
With this move by the Aquino administration, the calls for the rationalization of the Government Owned and Controlled Corporations would seemingly be heeded. Symmetrically, the rechanneling of the funds from GOCCs which are perceived to be dysfunctional should be facilitated efficiently and with transparency.
Truth Commission
SC asked: Stop Truth Commission
In a 55-page petition,Representatives Edcel C. Lagman, Rodolfo B. Albano, Jr., Simeon A. Datumanong and Orlando B. Fua, Sr. (Lakas-Kampi) sought a stay order from the Supreme Court against Executive Order 1 that created the Truth Commission. They said the 1987 Constitution does not allow the President to create public offices; this right is vested in the legislative branch.
Also, they argued that the commission of graft and corruption was not limited to the Arroyo administration. The petitioners added the redundancy of the Truth Commission as another ground for its dissolution. The Office of the Ombudsman and the Department of Justice have similar functions, they said.
Petitioners also stated that the “truth commissions” in other parts of the world were formed exclusively to investigate human rights violations. The Philippine version of the Truth Commission was a blatant departure from such customary practice, they said. (Report from Ira Pedrasa of abs-cbnNEWS, Aug 12)
Although they may be interpreted as being tainted with politics to shield the former president from investigation and prosecution for her alleged wrongdoings, the legal questions raised with respect to the Truth Commission still beg immediate answers. However, the office of the President should take time reviewing the commission’s formation in the light of international norm that truth commissions are designed to probe into war crimes or crimes against humanity with the sole purpose of serving justice and addressing the traumatic experiences of victims of human rights violations or their surviving kin.
Issues
RP won’t be US lapdog over P20B aid – Palace
The Palace announced that the government’s acceptance of a P20 billion aid from the US government should not be misconstrued as an indication of subservience to the US government. The first foreign assisted program granted to the Aquino administration would be used for the government's social services and programs to improve revenue collection.
Spokesperson Lacierda reacted to the renewed insinuations of the country's subservience to American power because of the multi-billion-peso aid compact coursed through the Washington D.C.-based Millennium Challenge Corp. He clarified that the country's commitment to the MCC is to make sure we have an administration that is free from graft and corruption (Report from Cathy C. Yamsuan of the Philippine Daily Inquirer, Aug 8).
US aid, whether financial or military, has always strings attached and this became evident in past presidencies including Arroyo. The government is admittedly bankrupt and the country’s economic woes are serious. Aquino III as presidential contender had pledged to remain consistent with “special ties” with the US. All these make maintaining close ties with the US by the new President a foregone conclusion.
Hacienda seeks SC approval of farmers’ SDO accord
Lawyers of the Cojuangco-owned Hacienda Luisita Inc. (HLI) , formally asked the Supreme Court (SC) this week to approve the compromise agreement it had signed with the supposed representatives of the 5,000 farmworkers who are supposed to benefit from the government’s land reform program.
HLI is finalizing the full implementation of the Comprehensive Agrarian Reform Program (CARP) and is seeking the approval of the compromise agreement sought by HLI and farmers reportedly belonging to Alyansa ng mga Manggagawang Bukid ng Hacienda Luisita, (Ambala) United Luisita Workers Union (Ulwu) and Supervisory Group of Hacienda Luisita, Inc.
But groups whose members also belong to the same unions, claimed that those who signed as representatives of the farmers are not the legitimate officers of the unions.
Some of the signatories said that money, to the tune of P150 million and pledges of work for farmers who sign up were offered by the Cojuangcos. (Report from Benjamin B. Pulta and Aytch S. de la Cruz of The Daily Tribune, Aug 12)
With all the divisiveness and “compromise” attending the supposed deal, the legality of the land dispute may have to give way in favor of what is clearly a maneuver by the Cojuangco family, the most prominent member being President Benigno Aquino III. If not settled to the satisfaction of farm workers and tillers who struggled for rightful ownership, it would be a long shot this long-drawn agrarian issue would be closed. (With notes by Joanne Lara)