A Missing Comma

PerryScope
by Perry Diaz

A political earthquake is about to occur in the judicial system of the Philippines. The core of the problem is the interpretation of Section 15 Article VII of the Philippine constitution. At issue is President Gloria Macapagal Arroyo’s plan to appoint the next Chief Justice of the Supreme Court during the period when “midnight appointments” are banned by the constitution. The presidential elections will be held on May 10, 2010 and Chief Justice Reynato Puno will be retiring on May 17, 2010.

Section 15 Article VII says: “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”

My interpretation of Section 15 is: A President or Acting President shall not make appointments two months immediately before the next presidential elections and up to the end of his term with the exception of “temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.” In essence, President Arroyo is only allowed to make “temporary appointments to executive positions” under certain conditions but cannot appoint the Chief Justice during the period when the ban on “midnight appointments” which will start on March 10, 2010 until the end of her term on June 30, 2010.

It is interesting to note that several legal luminaries and experts were of the opinion that Section 15 in Article VII of the Constitution does not apply to the appointment of the Chief Justice. They would be right if a comma — punctuation mark ( , ) — was inserted after “except temporary appointments” which would then read as follows: “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments, to executive positions when continued vacancies therein will prejudice public service or endanger public safety.” If Section 15 was written in this manner, then there would be no question that the ban does not apply to the appointment of the Chief Justice.

A few weeks ago, Congressman Matias Defensor Jr., member of the Judicial and Bar Council (JBC) and an ally of Gloria, opened a Pandora’s box when he asked the JBC to “hasten the nomination process for Chief Justice and allow Arroyo to appoint Puno’s successor before his retirement.” He argued that the “Chief Justice post should not be left vacant ‘even for a day’ especially in a crucial period such as presidential elections.”

If Mr. Defensor’s main worry was the “Chief Justice post should not be left vacant ‘even for a day’,” I have good news for him: Section 12 of the Judiciary Act of 1948 states that in case when the office of the Chief Justice is vacated, the most senior Associate Justice would take over until the next Chief Justice is appointed. That means that the Chief Justice post will not be left vacant ‘even for a second,’ and whoever takes over in acting capacity will remain in that post until a permanent Chief Justice is appointed by the next President.

As a matter of record, Section 12 of the Judiciary Act of 1948 has been invoked at least once before. In 1991, Chief Justice Marcelo Fernan resigned to run for a political office the following year. Associate Justice Andres Narvasa, the most senior member in the High Court, became acting Chief Justice until President Cory Aquino appointed the Chief Justice who happened to be Narvasa himself.

Since “vacancy” shouldn’t be an issue at all, why is it then that Gloria is bent on appointing the next Chief Justice during the ban on “midnight appointments”? And this is where the debate has gone from legal to political, from logical to comical, from sanity to absurdity. It’s going to be a circus.

Forget about what Section 15 Article VII of the constitution says. Forget about what Section 12 of the Judiciary Act of 1948 says. Forget about what civil society and the media say. Nothing stops Gloria from doing what she wants to do regardless of whether it’s constitutional or unconstitutional. What Gloria wants, Gloria gets… by hook or by crook. She has done it before, and most of the time she had it her way. So, why can’t she do it again? After all, what has she got to lose? Impeach her? Forget it.

Last January 18, 2010, the eight-member JBC decided to proceed with the process of putting together a “short list” of at least three nominees for Chief Justice. The top contenders are the five most senior associate justices: Antonio Carpio, Renato Corona, Conchita Carpio-Carpio Morales, Presbitero Velasco and Antonio Eduardo Nachura. However, the JBC did not yet decide on when to submit the “short list” to President Arroyo. But many legal experts are of the opinion that the JBC can only submit the “short list” when the post is vacated with the retirement of Chief Justice Puno.

What’s going to happen next would test the independence and integrity of the Supreme Court. The question is: Would the Supreme Court validate Gloria’s “midnight appointment” of the Chief Justice when it is crystal clear that Section 15 Article VI would only allow “temporary appointments to executive positions”? If the High Court validated Gloria’s “midnight appointment,” it would then establish a dangerous precedent.

At the end of the day, the interpretation of Section 15 Article VII could hinge on the absence of a punctuation mark, a missing comma.

(PerryDiaz@gmail.com)

Villar Unfit for President or Public Trust

FRANKLY SPEAKING
by Frank Wenceslao

My Pamusa colleagues and I were alarmed by Nene Pimentel’s and Alan Peter Cayetano’s reaction to the Senate committee of the whole finding Manny Villar to have engaged in improper and unethical conduct as though they give more weight to procedure than the evidence adduced from the investigation.

Being lawyers, such attitude keeps the Philippines locked on a slippery slope and pushed by cavalier regard for the rule of law to continue rapid deterioration until a disaster drives the country into chaos and ungovernable like Haiti.

The Senate found Villar the proponent of the C-5 extension and another major project, the eight-lane Daang Hari linking Cavite to Laguna through Las Piñas and Bacoor. Instead of a straight alignment as sound engineering requires, the road projects “snake” through Villar-owned or controlled corporations (VOCCs) to provide ingress and egress for their 23 subdivisions.

Villar evidently pressured Dept. of Public Works and Higways (DPWH) officials to discard previous feasibility study, engineering design and plans including their cost likely funded from official development assistance (ODA). It behooves every objective Filipino to ask therefore if the Senate broadened its inquiry to include the resources lost and new funds needed specially appropriated for the change of plans that are unlawful and immoral act Villar is criminally liable.

Moreover, the alignment of the C-5 segment of the Manila-Cavite Toll Expressway Project was changed by the Toll Regulatory Board to conform to the revised plans for two road projects, which meant additional costs that could’ve been better used for some other budgetary needs.

VOCCs’ properties that are traversed by the C-5 extension and Daang Hari road projects got zonal valuation higher than previously given to their location which again resulted from pressuring the concerned bureaucrats in order to jack up the ROW prices paid to VOCCs.

Will the justice system under GMA continue with Villar if he wins the presidency to govern worse than her administration? How could Villar address graft and corruption when like GMA he’d be among the first to be targeted for prosecution?

The Senate report only recommended the return and restitution by Villar to the Philippine Treasury of the money or pecuniary advantage “he has or his companies have illegally gained or obtained as a result of unlawful acts and improper and unethical conduct” instead of forwarding the evidence and recommending to the Ombudsman to file criminal action.

The losses are P4.28 billion for the C-5 extension project, P1.8 billion original project cost that was wasted and P141.1 million for overpriced ROW payments to VOCCs tantamount to technical malversation. The report was released before Congress took its holiday break last month to get the signature of senators. It needs the signature of the majority of senators or 12 for it to be reported out in the plenary as though not signing it will absolve Villar of criminal liability.

Clearly, Villar while Senate President and finance committee chairman during the time his unlawful actions were taken didn’t only violate the Constitution and the Code of Conduct of Ethical Standards for Public Officials and Employees (RA 6713) but, more so, Sec. 3(e) of the Anti-Graft and Corrupt Practices Act (RA 3019). The senators swept the latter under the rug which provides that in addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices and therefore criminally actionable, to wit:

“(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. x x x x x x x x.” (Underscoring mine).

Villar acted unlawfully using his government positions to pressure DPWH officials to do his bidding making them co-conspirators when they agreed that the C-5 extension be realigned contrary to sound engineering practice to “snake” through and provide ingress and egress to at least 23 subdivisions of VOCCs that yielded Villar “unwarranted benefits, advantage or preference,” to wit:

1. Income for ROWs at jacked-up prices and payment contrary to a policy of prorating annual appropriations according to the age of an account; hence, VOCCs shouldn’t have been paid ahead of others waiting for payment years before ROWs were expropriated from their properties.

2. Aside the higher prices at inflated zonal valuation paid for ROWs expropriated from their properties, VOCCs were given unwarranted benefits in the rise of market prices of the houses and lots, vacant properties still to be developed, their collateral values and VOCCs’ borrowing capacity with government-owned or controlled corporations (GOCCs) such as PAG-IBIG, National Home Mortgage Finance Corporation (NHMFC), SSS, GSIS and others. All of which is detrimental to home buyers since it’s the government that enabled VOCCs to earn additional profits earned without adding a centavo of equity.

3. VOCCs became the country’s biggest group of companies engaged in real estate development. In an interview by a reporter Mrs. Cynthia Villar unabashedly claimed the group starting virtually from scratch has built 200,000 housing units across all income classes.

The Villars have always prided in their rags-to-riches story. It’s thus logical to conclude their PhP43 billion ($940M) net worth as of 2008 is ill-gotten and beyond statistical probability that came from what the US Justice Department considers “a process or series of actions through which income of illegal origin is concealed, disguised, or made to appear legitimate (main objective); and to evade detection, prosecution, seizure, and taxation” practiced by the Mafia, international drug traffickers, terrorist financiers, and corrupt government officials.

The investigation of the Senate began in June 2009 based on the allegations of Senators Panfilo Lacson and Jamby Madrigal that Villar inserted “earmarks” of doubling the P200-million funding for the C-5 extension project in the 2008 national budget and pressuring DPWH officials to change its alignment to benefit VOCCs. The Senate concluded Villar violated Sections 12 and 14, Article VI of the Constitution by failing to notify the Senate of a “potential conflict of interest” when he proposed an amendment to the 2008 national budget by appropriating P400 million … for a project that would benefit his corporations and which amount may be used to pay the claims of his corporations for unpaid road right-of-way compensation” (Sec. 12) and for intervening in the project with the DPWH for his “pecuniary benefit.” (Sec. 14).

It’s as though the Senate wanted Villar’s culpability limited on ethical grounds and swept under the rug the crimes Villar probably committed inferred from the report. The truth of the matter is Joker Arroyo already leveled similar charges against Villar when they’re members of the House of Representatives from 1992-98 for violating the Constitution and RA 6713, which I’ve modified, paraphrased and updated in parts, as follows:

Charge I. Villar’s low cost housing development business has been totally dependent on GOCCs and government financial institutions (GFIs). VOCCs were given accommodations by GOCCs and GFIs while Villar’s a House member and had stint as Speaker from 1992-1998 for financing their housing projects.

Charge II. From 1992-98 Villar didn’t divest himself of his holdings or severed interest in VOCCs that eventually became a housing conglomerate, Vista Land & Lifescapes Inc. whose subsidiaries have been renamed: Brittany Corporation, Camella Homes, Crown Asia and Camella Communities.

When Villar was a House member, then senator he didn’t sever his interests either in VOCCs and their successors when they continued to be granted loans and financial accommodations by GOCCs and GFIs. Villar violated the Constitution and RA No. 6713 because the latter specifically requires, as follows:

“Divestment – A public official or employee should avoid conflicts of interest at all times. When a conflict of interest arises, he shall resign from his position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption.” (Underscoring mine).

Charge III. Villar during his tenure in the House and Senate to the present hasn’t divested interests in VOCCs. While Speaker, Villar arrogantly declared he’s in no hurry to divest because he’s under no obligation to do so – a continuing violation. He should’ve fired his lawyer then.

Charge IV. Villar controls Capitol Bank where Mrs. Villar is the CEO while a House member. Capitol received loans, financial accommodations and guarantees from the Bangko Sentral ng Pilipinas from 1992-98. The husband and wife were members of Congress in 2004 when Capitol had a bank run and obtained BSP loan. That’s constitutionally forbidden.

Paraphrasing Arroyo, the constitutional prohibition is simple. If a member of the House, namely: Villar or wife has controlling interest in a private firm or business entity, it can’t be extended a loan, guaranty or any financial accommodation for any business purpose by GOCCs or GFIs unless both have first divested of personal interest in the firm.

Surprisingly, the Senate report alluded only to Villar’s violation of the conflict-of-interest rule (RA 6713) by not divesting himself of his interests in VOCCs with contracts with the DPWH for ROW acquisition. The report found Villar had significant stockholdings in VOCCs that benefited from ROW payments on top of diverting said road projects to “snake” through their subdivisions to provide ingress and egress.

IN CONCLUSION, probable cause exists that the Anti-Graft and Corrupt Practices Act and the Anti-Plunder Law (RA 7080) have been violated by Villar et al. Surely, Mr. and Mrs. Villar’s pecuniary benefits derived from abovementioned unlawful acts contributed to the growth of their PhP43 billion ($940M) net worth.

The Senate report somehow tried to mitigate Villar’s criminal acts by saying he hadn’t directly participated in overpricing his properties as though the Senate’s oversupply of lawyers wasn’t sufficient to conclude that ignorance isn’t an excuse in violating the law.
If there should be restitution, therefore, the Senate should vote to expel Villar forthwith; demand that the Ombudsman file the complaint for the violation of the anti-graft and anti-plunder laws and let the chips where they may; and seek a restraining order or preliminary injunction for the Court to temporarily sequester the Villars’ assets and prevent the transfer to other parties of potentially forfeitable property to the state.

Moreover, it should be unmistakably clear for Villar to withdraw his candidacy for the presidency because no way the Filipino people will consider him trustworthy to occupy the highest government position or any public office.

Norwalk, CA – 01/18/10

Honesty or Corruption?

January 19th, 2010 by Manuel Buencamino

“What are we in power for?”

A columnist from Business World railed at Sen. Noynoy Aquino for framing the election as a battle between good and evil.

“Obviously, Mr. Aquino and his well-heeled cohorts see themselves as representing the forces of good and want to stir us up to do battle against the evil represented by Mr. Manny Villar and his scruffy followers,” he ranted.

He missed the point. Evil is in the things men do, while Senator Aquino’s battle against evil pits honesty versus corruption, not personalities and social classes against one another.

Let’s see if we can tell the difference between honesty and corruption. (Quoted from the draft report of the Senate Committee of the Whole and former Rep. Joker Arroyo’s privilege speech.)

1. The draft report of the Senate Committee of the Whole stated that Senator Villar proposed the realignment of the C-5 road project so it would “pass through properties of his corporations, which in turn benefited from the use of such road, from the compensation for road right of way, and from the resultant economic development in and increased market value of the vicinity.”

Because of the road realignment and overpriced right-of-way compensation, Villar “made the Filipino suffer the total amount of P6.22 billion.”

Honesty or corruption?

2. “Low-cost housing is totally dependent on government agencies such as Pag-IBIG, National Home Mortgage Finance Corp. (NHMFC), Social Security System (SSS), Government Service Insurance System and other government financial institutions.

“Speaker Villar and the companies of which he is president or chairman, or where he has a controlling interest, are the biggest low-cost housing developers in the country.

“[Villar’s] companies were given financial accommodations by government banks or financial institutions, among them, Pag-IBIG and the NHMFC, during Speaker Villar’s term as representative from 1992 to 1998 to finance their business purposes.”

Honesty or corruption?

3. Villar passed measures “to make Pag-IBIG Fund contributions compulsory and to increase housing investments with the SSS.”

“Pag-IBIG is a main source of funding of Speaker Villar’s companies.”

Honesty or corruption?

4. Villar “incorporated in the landmark Comprehensive and Integrated Shelter Finance Act, Republic Act 7835, the recapitalization of the NHMFC, and the amendment to the Agri-Agra Law to include housing investment.”

It “mandates banks to extend to housing loans not utilized for agriculture and agrarian-reform credit. In other words, loanable funds for agriculture and agrarian credit are to be re-channeled to housing, Speaker Villar’s business.”

Honesty or corruption?

5. Villar co-authored House Bill 11005, which “increased the capital of the NHMFC” and is the main source of funding of Speaker Villar’s companies…. President Estrada admitted that the National Home Mortgage and Finance Corp. is at present bankrupt.… Increasing the capitalization of a bankrupt government financial institution benefited Representative Villar’s housing companies.”

Honesty or corruption?

6. “All lands covered by CARP [Comprehensive Agrarian Reform Program] cannot be used for residential, agricultural, industrial or other uses unless a clearance, conversion or exemption for a particular property is first issued by DAR [Department of Agrarian Reform].”

“Speaker Villar’s companies are developing or have developed 5,950 hectares or almost 60,000,000 square meters of CARP land into residential subdivisions without the appropriate DAR issuances that would authorize such lands to be used for residential purposes.”

Honesty or corruption?

7. “Manuela Corp. applied for and was granted a loan of P1 billion by the SSS…. Another P2-billion loan would be syndicated with another government financial institution, the GSIS. Total syndicated loan from the two GFIs: P3 billion.

“Manuela Corp., a housing and realty corporation, is owned by the family of the wife of Speaker Villar. An indirect financial accommodation.”

Honesty or corruption?

8. “Speaker Villar controls the Capitol Bank. Mrs. Villar is the chief executive officer. The Capitol Bank received loans, financial accommodations and guarantees from the Bangko Sentral ng Pilipinas from 1992 to 1998 while he was a representative.”

Honesty or corruption?

9. Villar, while serving in the House and later in the Senate, did not divest himself of his interests nor did he sever his connections with his companies.

His companies obtained financial accommodations and special deals from government agencies and financial institutions.

Honesty or corruption?

10. The Business World columnist wrote, “By dint of hard and unrelenting work and without special deals from the government, he [Villar] raised himself up from a Tondo slum and built a multibillion-peso business enterprise.”

True or false?

God Interviews the Presidential Wannabes

Balitang Kutsero
by Perry Diaz

With 10 candidates running for President of the Philippines, God decided to interview all of them to decide whom to anoint. God asked each of the presidential wannabes the same question: “What would be your first act on Day One of your presidency?”

God: “Who wants to volunteer first?”

Noynoy Aquino: “Me! Me!”

God: “Since you’re the frontrunner, go ahead, Noynoy. Your mom talks highly of you. So, let’s hear what you have in mind.”

Noynoy: “Lord, my first act would be to confiscate all of Marcos’ ill-gotten wealth and use them to build millions of ‘Gawad Kalinga’ homes for the poor, provide jobs for the jobless, and feed the hungry. I’ll build a Bagong Pilipinas (new Philippines) in memory of my parents, Ninoy and Cory. Mabuhay ang Bagong Pilipinas!”

God: “Very good! I like your vision of a Bagong Pilipinas. I’m sure your mom and dad will not be disappointed with you. Who’s next?”

Manny Villar: “Bah! ‘Gawad Kalinga’ homes are cheap. There’s no profit in building those little homes. I’ve been building homes for more than 30 years, Lord. My first act will be to build roads — like the C-5 Road — all over the Philippines to link all the subdivisions that I’m going build and sell to the people. And then I’ll donate 10% of my profit to Gawad Kalinga so they can build those little homes for the poor.”

God: “That sounds like an excellent business plan. I’m sure that it would make you 100 times richer than you are today. Maybe you should donate 10% of your profits to the Church too. How about you, Gibo?”

Gibo Teodoro: “Lord, with all due respect to Manny, but his roads aren’t going to connect all the 7,000 islands in the country. So I’m going to build bridges and tunnels to connect all the islands.”

God: “Wow wow wee! That’s fantastic! And do you think that you’ll accomplish all that in six years? You may have to stay in power for at least another 30 years just to finish a fraction of your plan. It might be worth keeping you in power as long as you continue building bridges. Let me think about it.”

Gibo: “Actually, that’s my personal agenda, Lord. I have to stay in power until all the bridges and tunnels are completed. I’ll transform our beloved Pilipinas into an ‘Enchanted Kingdom’ in 20 years.”

God: “Enchanted kingdom? Twenty years? Hmmm… I heard that line before. Well… How about you, Dick?”

Dick Gordon: “Lord, that Global Balita editor didn’t call me ‘Flashy Dick’ for nothing! My plan is to fire all government employees and replace them with thousands of Red Cross volunteers. You see, I used volunteers to convert Subic Naval Base into an international free port. Look what it is today.”

God: “You’re indeed flashy, Dick. I like your idea of using volunteers. You’re pretty good at that. Keep up the good work. How about you, Bro. Eddie?”

Bro. Eddie Villanueva: “Lord, I believe that prayers can perform miracles. I’ll make it mandatory for all Filipinos to pray 10 times a day. Look at the Arabs! They only pray five times a day and they’re very wealthy. The Filipinos will become the wealthiest people on Earth!”

God: “Sounds like a great idea. Rest assured that I’ll hear their prayers, my loyal follower. I just want to make sure that the people will pray to me and not to Allah, okay? Let’s move on. How about you, Nick?”

Nick Perlas: “Lord, since I’m an environmentalist, I’ll save all the forests. To achieve that would require that we stop using paper products. The Philippines will be the first ‘paperless society’on Earth. No more paper money. No more newspapers. No more toilet paper. The country is having water shortage too, so we need to conserve water as well. To achieve that, I’ll invent awaterless bidet that would only use air to do its work. I’ll also make it mandatory for every citizen over 18 years of age to have a computer at home so they can check my Facebookevery day.”

God: “Excellent! You are going to save the Earth from destruction. More power to you, Nick. I’m glad the Comelec accepted your Certificate of Candidacy. Nick, we need people like you. I salute you. Who’s next? John Carlos?”

John Carlos de los Reyes: “I don’t really know what to do if I get elected, Lord. I’m new in the political game and the youngest of the candidates. However, if I win, I will stop corruption and send all the corrupt officials to jail and.…”

God: “Enough! I’ve heard that line since Quezon’s time and that’s not going to happen in your lifetime, kiddo. Good try, though. You’re next, Jamby.”

Jamby Madrigal: “Thank you, Lord! I just want you to know that I’m the only woman running for president. If elected, I will fight for women’s rights! I will also…”

God: “I agree with you Jamby. But we’re running out of time. Next!”

Vetellano Acosta: “I’m the standard bearer of the Kilusang Bagong Lipunan, the late president Ferdinand Marcos’ political party. If elected, I’ll build a monument to Apo Ferdinand that would be higher than the Quezon Memorial. I will also…”

God: “Stop it! That’s not going to happen, pal. Not in my lifetime. Okay? Let’s see who’s the best…”

Erap Estrada: “Hold it! Hold it, Lord! How about me?”

God: “Oh, I’m sorry, Erap. I didn’t know you’re still in the race. Okay, Let’s hear what’s in your mind.”

Erap: “Don’t underestimate my ability, Lord. I’m the oldest in this group but I’m wiser than a turkey.”

God: “You mean to say, ‘wiser than an owl,’ right?”

Erap: “Same thing. My first act as President would be to file plunder charges against President Gloria Macapagal Arroyo. She grabbed the presidency from me in 2001 and cheated my best friend Fernando Poe Jr. in 2004. It’s payback time, Lord. An eye for an eye! And I promise you that if she’s convicted, I will never pardon her! Lintik lang ang walang ganti!”

God: “Aha! You know, you’re the only one who thought of punishing Gloria for all herkalokohan (shenanigans). Erap, you’re my man! I hereby anoint you as the country’s next President.”

(PerryDiaz@gmail.com)

Business Won’t Trust Villar

Editor’s Note: The humanitarian disaster caused by an earthquake with 7.0 intensity on the Richter scale that hit Haiti is of great concern to overseas Filipinos, according to Pamusa’s president Frank Wenceslao. Through emails to Pamusa, they advised of asking their parents, siblings, relatives and friends at home to vote for the presidential candidate who will help in coping with economic difficulties besetting poor Filipinos. It’s this concern which Wenceslao hopes to arouse in his column below for Filipinos to bear in mind that while Haiti’s disaster may not happen to our country, it is always better that Philippine national leaders are acceptable to the international community and will attract foreign assistance and investments to enable Filipinos recover from decades of deteriorating conditions caused by pervasive graft and corrupt practices of government officials from Marcos to GMA adminsitrations. Only by sustainable development and improved people’s quality of life that the Filipino people will be prepared for any humanitarian disaster as that has befallen Haiti.

FRANKLY SPEAKING

by Frank Wenceslao

NP bet Manuel Villar and Bagumbayan Party’s Richard Gordon reportedly ganged up on LP bet Benigno “Noynoy” Aquino III for lack of competence and experience to lead the nation demanding to know if the latter had anything to show that he could deliver his promised reforms.

After they read the news, Filipinos across America, Canada, Europe and the Middle East emailed Pamusa reiterating support for the Noynoy Aquino-Mar Roxas ticket on one fundamental issue. They believe Aquino and Roxas are neither tainted with corruption nor have unexplained wealth like Villar’s reported PhP43 billion ($940M) net worth.

Historical facts have proved Villar’s much hyped rags-to-riches story or Gordon’s executive experience as SBMA chairman and tourism secretary is no better than GMA’s doctorate in economics if the government doesn’t attract official development assistance (ODA) and domestic and foreign investment in a business environment of minimum graft and corruption in government.

Worse, businessmen are wary of political leaders with business interests like when Ferdinand Marcos granted Lucio Tan government favors to put up Asia Brewery and other businesses to compete with long existing local industries owned by political opponents.

Gordon, wealthy on his own, and Villar are unacceptable to the US and international community. It’s their indignation led to the organization of the UN Convention Against Corruption with international cooperation provisions (UNCAC-ICP) to recover over $23 trillion (T) of ODA poured by rich to poor nations since the end of WW II stolen by Third World’s dictators and discredited leaders.

Needless to say, Marcos became world-renown example of discredited national leaders whose family members and cronies robbed a poor country’s resources that otherwise could’ve mitigated poverty’s debilitating effects on its people.

Private foreign investors use ODA’s as a signal a country’s national leaders won’t be like their predecessors, thus the Philippines will be better off with an Aquino-Roxas administration. Voters should know that foreign embassies in Manila study Philippine history and would‘ve equated Roxas giving way to Aquino as duplicating the political sacrifice of Dr. Jose P. Laurel and Don Claro M. Recto in giving way to Ramon Magsaysay in the 1953 presidential election because the latter personified what the nation critically needed.

Since the election of Villar, Gordon or Joseph Estrada vis-à-vis Aquino won’t bring real advantage to the country, foreign diplomats would’ve communicated to their home offices the trio’s ambitions and traditional politics primarily drive their presidential aspirations.
For if the Villar, Gordon or Estrada were concerned like Laurel and Recto, they’d leave the field to Aquino and Gilbert Teodoro for the latter to defend Gloria Macapagal Arroyo’s record if the people wanted her government program to continue.

We all know that unless rich nations’ ODA is efficiently used while domestic and foreign investors are assured of a level playing field, policies and programs to improve the Filipinos’ quality of life are not worth the paper they are written on.

Villar should rather spend the billions of pesos for his campaign funds for low-cost housing projects nationwide to keep him in public consciousness and a better chance to win in 2016. For now, he can’t buy the presidency. The more money he spends the more people will wonder if it were earned honestly or his running for president is to recover the billions of pesos he’s spent and will yet spend.

Villar and Gordon has big credibility problem for their close association with GMA in the past. Their persistence in running gives credence that either has an unholy alliance with GMA to bring conditions for the failure of the presidential election.

Win or lose, Villar’s and Gordon’s unexplained wealth will be scrutinized under UNCAC-ICP. President Obama has a pending program to assist poor nations recover ill-gotten wealth from the proceeds of corruption as foreign aid since the US presently can’t afford budgetary outlays due to current economic crisis. This has become urgent when considering how important it’s to Haiti’s plight to recover the nation’s resources stolen by the Duvaliers’ and other Haitian leaders.

Neither Villar nor Gordon can explain they’ve acquired their wealth by very successful business performance because it’s been acquired while they’re in government service. The immediate conclusion is their wealth goes beyond the realm of statistical probability and will adversely impact Villar’s or Gordon’s credibility if elected President vis-a-vis the international community.

Our people should know that overseas Filipinos wish to stop bowing in shame when discussion turns to the Philippine government being the most corrupt in Asia. There’re reports GMA’s family entered into an agreement with Imelda Marcos for the Arroyos to hide ill-gotten wealth with the Marcoses’ transferred overseas before the UNCAC-ICP went into force in December 2005.

However, Imelda is obviously balking at GMA’s conditions such as a big slice of the Marcoses’ ill-gotten wealth and backing off their claims against Lucio Tan, Danding Cojuangco, Roberto Ongpin and other Marcos cronies paying GMA enormous protection money for PCGG officials to wear blinders. Thus, all bets are off when GMA’s “term of office” ends on June 30, 2010.
Villar will be confronted by the same problem GMA has. Villar’s $940 million net worth generated out of Vista Land & Lifescapes Inc. and subsidiaries while Speaker and Senate President is incredible and probably involved “process or series of actions through which income of illegal origin is concealed, disguised, or made to appear legitimate (main objective); and to evade detection, prosecution, seizure, and taxation.”

This is the US Justice Department’s weapon of choice against the Mafia, drug lords, terrorist financiers, and government corruption that Villar would face whether he wins the presidency or not.

Beting Dolor, San Francisco’s Philippine News columnist, pointed out that Philippine ad industry records show Villar has spent about P300 million ($6.50 million) a month prior to filing his certificate of candidacy. At this rate, Villar will spend from January to election day more than One Billion Pesos (over $20M) for ads alone without considering cash or logistics in kind farmed out to local NP candidates, campaign staff, election watchers and costs of transportation, board and lodging when they travel away from home.

The Anti-Graft League of the Philippines headed by retired AFP Gen. Guillermo Picache reported that when Villar was Senate President, he’s accused of earmarks in the Budget bill during the bicameral conference committee deliberations for the right-of-way of C-5 extension to be expropriated from his subdivisions. Yet, the fact C-5 runs through those subdivisions to raise land values including the houses and lots sold by Vista Land and subsidiaries should’ve been enough for Villar to donate the ROWs for free to the government as quid pro quo.

Villar got enmeshed in another road scandal involving Daang Hari, an eight-lane road from Laguna to Cavite passing through Muntinlupa, Las Piñas and Bacoor. It couldn’t have been just coincidence that Daang Hari passes through over 20 subdivisions and housing projects of Vista Land and subsidiaries. Daang Hari raised Villar’s corporate assets, personal net worth and borrowing capacity without putting up an additional centavo of equity, thanks to government funding.

(fcwenceslao1034@hotmail.com)

MANNY VILLAR TRUTH EXPOSED!!! (VIDEO)

On December 22, 2009, Ted Failon, host of the“Failon Ngayon” TV show, exposed Villar’s 23 subdivisions which were all connected by the C-5 Road extension — Daang Hari Road –linking Las Pinas and Cavite. Failon showed how Daang Hari Road — instead of a straight line — snaked around the 23 subdivisions from Las Pinas to Cavite by way of Muntinglupa, Alabang, and Laguna. Failon said that the C-5 Road extension — completed in 2004 –was funded by the national budget which was passed by Congress at the time Villar was Speaker of the House and then Senator who chaired the Finance Committee. — Perry Diaz

Noynoy gets flak, support for threatening Supreme Court

by Carmela Fonbuena
from abs-cbnNEWS.com

MANILA, Philippines – Liberal Party (LP) standard-bearer Senator Benigno “Noynoy” Aquino III astounded the political and legal community when he threatened on Thursday that—if elected president—he will not recognize a new chief justice appointed by President Arroyo.

He also warned associate justices of the Supreme Court that they would be risking their tenure if they recognize a midnight appointment. (Read: Noynoy won’t recognize GMA’s replacement for CJ Puno)

Lawyers—critics, allies, and observers—reached by abs-cbnNEWS.com/Newsbreak had mixed reactions to the presidential survey frontrunner’s strong statement. Some initially suggested that Aquino may have been misquoted.

Some cautioned Aquino saying he made a “dangerous” move against a co-equal branch of government. Others supported the call, but not the attitude, while others said it’s a necessary warning.

Call to other candidates

Former Environment Secretary Fulgencio Factoran and Bayan Muna party-list Rep. Neri Colmenares—who want to uphold the constitutional ban on midnight appointments—called on other presidential candidates to make the same stand.

“I think it behooves the other candidates for President to weigh in on this issue, so that the people will realize who are willing to play possum in this deadly game of political gotcha,” Factoran said …

Read the full story >> Noynoy gets flak, support for threatening…