Friday, September 28, 2007

Where’s that ‘internal probe’ on ZTE bribes?

GOTCHA By Jarius Bondoc, The Philippine Star, Friday, September 28, 2007

Constancia de Guzman, Presidential Anti-Graft Commission chief, and I were guests at Tina Monzon Palma’s Talkback on ANC Monday night. Noting that I had exposed the ZTE scam since March, Tina asked what the office that probes sleazy presidential appointees has done. De Guzman said they promptly investigated. I refuted her, recalling that they had fired on June 18 the examiner who wrote me for documentary proof. I reminded de Guzman that it wasn’t Vida Bocar who breached their confidentiality rule, but me. (I published Bocar’s e-mail to stress that since someone finally was looking into the stink, the DOTC had better start producing the hidden ZTE contract. Two days later, the DOTC would claim the papers were “stolen” hours after the signing in Boao, China, on Apr. 21.)

De Guzman insisted that Bocar had defied internal rules in writing me about a probe of Sec. Larry Mendoza and Assistant Sec. Elmer Soñeja. I rebutted that they didn’t accord her due process. It was as if they meant to stop her from doing her job.

De Guzman then said that her PAGC had to stop its inquiry because the superior Ombudsman already has acquired jurisdiction over the case. Again I refuted her. Rep. Carlos Padilla had filed graft charges against Mendoza, Soñeja et al only on Aug. 29, hours before denouncing the ZTE scam in Congress. The Ombudsman has yet to state if it accepts the case. Besides, there was a two-and-a-half-month gap from Bocar’s sacking to Padilla’s filing. Nothing happened during that time. If the PAGC indeed investigated, no one from the PAGC came to me to say I had gotten one of their staff into trouble but that they were pressing on just the same.

At this point, De Guzman said they did continue to probe, but that they didn’t talk to me anymore because my sources started giving them info. Really? Who? Not one of my two-dozen or so unidentified sources for this exposé ever told me s/he entrusted documents to the PAGC. And if the office did get such papers, did it turn these over to the Ombudsman? Prove it.

I point out this sad episode in the ZTE story in light of new claim that Malacañang discreetly had conducted an internal probe. And that the probe supposedly yielded unsubstantiated stories of bribery.

Malacañang announced the “internal probe” on Tuesday, timed to appear on Wednesday’s newspapers and coincide with the resumption of the Senate inquiry. There was no word on who exactly did the examining, assuming there really was one. Malacañang can claim secrecy about that. But what it couldn’t explain is why not one of the key players in the ZTE broadband plan was queried about it. The internal probe thus looks like a farce.

Sen. Pia Cayetano unraveled this when, in Wednesday’s hearing covered by national TV, she asked the following persons if any Malacañang inquirer ever approached them:

Mendoza, who signed the ZTE contract; Asst. Sec. Lorenzo Formoso, who witnessed the signing and is tasked to implement it; Ramon Sales, ex-chief of the Commission on Information and Communications Technology that endorsed the ZTE deal;

Comelec boss Benjamin Abalos, who is accused of brokering the deal; former economic secretary Romulo Neri, who swore that Abalos attempted bribing him with P200 million; businessman Joey de Venecia, who testified that Abalos offered him $10 million to withdraw his superior bid;

Iloilo Vice Gov. Rolex Suplico, who questioned the legality of the ZTE deal before the Supreme Court; and me, as the scam exposer.

The only person missing in the list is First Gentleman Mike Arroyo, whom de Venecia accused of forcing him to back off the bidding. But it’s unlikely that any internal investigator would ask him, considering that he is away in Europe and, before that, was convalescing from near-fatal heart surgery.

And so, like the PAGC that claims to have examined the ZTE scam, Malacañang must be asked: where’s the report?

Meanwhile, secrecy still surrounds the $330-million (P16-billion) deal. Subpoenaed to submit Annexes A to K of the 39-page supply contract, ZTE lawyers gave one set to the Senate Blue-Ribbon Committee. When the committee staff began to photocopy the papers for distribution to senators, the lawyers stopped them, invoking privacy of proprietary information.

The annexes contain the bill of materials and unit costs — the bases to determine if there’s overpricing or not. But ZTE refuses to reveal details, for study by telecoms experts. Could it be that the Chinese firm is afraid of discovery of its scam?

On the other hand, it may be a ruse — to put the public in suspense of nothing. After which, a surprise waits. For all we know, those annexes have been “cured” — after five months of shameless hiding from public, including the “theft” story. It’s no different from Formoso’s unreliable figures at an Ateneo-Makati roundtable on June 20.

Recall that in last week’s hearing, Sen. Mar Roxas asked Formoso, as DOTC technical guy, how many barangays the national network aims to cover. For five minutes, Formoso hedged, claiming, he either doesn’t know, forgot, or will just submit next time the all-important number to justify the huge tag price. I had to pull out the hard copy of his June 20 PowerPoint report, in which he said the network would cover a combined 23,549 barangay and municipal offices. That’s only half of the 45,000 or so barangays, hardly national in scope. Still, since the paper allegedly was stolen (Sen. Panfilo Lacson has proof it wasn’t), that claim may be bloated.

Even then, the eleven contract annexes must be made public. This, if only to show that three generations of Filipinos cannot be made to pay P16 billion, plus interest over 20 years, for something they don’t know.

* * *

E-mail: jariusbondoc@workmail.com

Joey deV binabalikan ng mga na-expose

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Friday, September 28, 2007

HINDI na interesado si Joey de Venecia, anak ni Speaker Jose de Venecia, sa national broadband network. Ni hindi binasa ng DOTC ang offer ng kanyang Amsterdam Holdings Inc. nu’ng Dis. 2006. Kinilingan kasi ng DOTC si Comelec chief Ben Abalos na nagmanok umano sa ZTE Corp. Ngayong nailantad na ni Joey ang pambabraso pati ni presidential spouse Mike Arroyo, kuntento na siyang mababasura ang kontrata.

Pero binabaliktad ngayon ng mga in-expose ni Joey ang sitwasyon. Siya pa ngayon ang pinakakasuhan nang paglabag sa Anti-Graft and Corrupt Practices Act. Inuulit-ulit ng mga kalaban niya ulit ang Section 5:

“Prohibition on Certain Relatives. — It shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil degree of the President of the Philippines, the Vice President of the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene, directly or indirectly, in any business, transaction, contract or application with the Government.”

Aba’y kung ganyan ang probisyon ng batas, sabit talaga si Joey.

Pero may karugtong ‘yan, na hindi sinasabi ng mga kalaban niya:

“Provided, That this section shall not apply to any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the Government along the same line of business, nor to any transaction, contract or application already existing or pending at the time of such assumption of public office, nor to any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a profession.”

Pumasok sa telecoms si Joey nu’ng 1989, bago mag-Speaker ang tatay nu’ng 1992. At lumahok siya sa NBN sa ilalim ng Build-Operate-Transfer Law, kung saan walang pakialam ang ama sa proseso.

Thursday, September 27, 2007

ZTE deal pinakulo sa matinding sex

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Monday, August 27, 2007

AYON kay Comelec chief Benjamin Abalos, labis na ang kabu­lukang-asal nating mga Pilipino kaya nagbebenta’t na­mimili tayo ng boto. Maari nga.

Pero may bubulok pa ba sa asal ng Comelec official na aking ibibisto na nagpakana ng $330-milyong ZTE deal para sa kickback na $200 milyon? Ano kaya ang masasabi ni Chairman Abalos?

Ang Comelec official na ito ang nilapitan ng ZTE Corp. ng China para ilako sa gobyerno ang national broadband network. Mula Setyembre hanggang Disyembre 2007, maraming beses siya bumiyahe sa Shenzhen, headquarters ng telecoms company na 50% pag-aari ng mga heneral. Plinantsa nila ang pag-aalok ng suhol sa gobyerno.

Mahilig ang Comelec official sa bawal na pag-ibig. Pero para hindi halata, isinama niya noon ang misis sa mga biyahe hanggang Hong Kong, kung saan iniiwanan para mag-shopping. Tuloy naman siya sa Shenzhen. Doon, pinasasa­lubungan siya ng ZTE executives nang dalawang “chicks”: isa sa umaga, isa sa gabi. Kasama niya ito habang naggo-golf sila ng ZTE execs. Binibigyan din siya ng pulang tabletas, Chinese version ng Viagra. Naglala­miyerda siya sa gabi. Minsan, umangal ang guests sa Kempinski Hotel-Shenzhen dahil hanggang sa corridors ay maingay na naghaharutan ang opisyal at ang kalaguyo.

Nagkaroon ng mainitang miting ang opisyal at ZTE execs nu’ng Dis. 27 sa hotel business center sa tabi ng ZTE head­ quarters. Hinihingi niya ang paunang parte niya sa kickback mula sa kontrata. Sabi ng isang babaeng executive, e paano naman ang nai-abot na nilang $3 million.

Nu’ng panahong ‘yon, ang ikakasa nilang presyo ng broadband setup ay $262 milyon, kung saan ang kickback ay $130 milyon. Problema, may dalawang kakom­petensiya na mas maganda ang presyo. Imbis na babaan ito, tinawag ng Comelec official ang isang mas matinding taga-kurakot. Ginawa nilang $330 milyon ang presyo, para $200 milyon (P10 bilyon) ang kickback sa pagtulak ng broadband project. Hindi kailangan ng bayan ang setup, pero pababayaran nila ito sa atin para kumikbak sila.


Wednesday, September 26, 2007

ZTE probe needed for political reform

GOTCHA By Jarius Bondoc, The Philippine Star, Wednesday, September 26, 2007

Ah so. The reason Malacañang suspended the contentious ZTE deal Saturday is so that the Senate in turn would end its inquiry. Acting Justice Sec. Agnes Devanadera and Presidential Legal Counsel Sergio Apostol now admit so after three days.

It was calculated. The executive looked silly shelving something the Supreme Court already had restrained weeks ago. More so since Trade Sec. Peter Favila did the announcing, instead of Transport Sec. Larry Mendoza as contract signatory with China’s ZTE Corp. in April. But Palace strategists likely felt it was a lesser evil than having more awkward details springing from more hearings on the national broadband network project.

What has emerged so far from two hearings? In the first, whistle-blowing telecoms man Joey de Venecia testified to sleaze in highest places. Powerful men who should have nothing to do with the project — Comelec chief Ben Abalos and presidential spouse Mike Arroyo — allegedly bumped him off the bidding in favor of bribe-giving ZTE. Senators pried into Joey’s possible sour-grape motive, but he assured he was no long interested in the deal. They asked too if he was not lawbreaking by contracting with the government as the son of Speaker Jose de Venecia Jr., but he cited coverage by two of three exceptions based on advice by the law firm of one of the senators. Commentators and senators alike found Joey credible.

The second hearing was disastrous — for the administration. Only three Cabinet members were invited — Mendoza, Favila, and Finance Sec. Gary Teves — yet 15 others trooped to the Senate in a bully-like show of force. The most awaited former economic planning chief Romy Neri, whom Abalos reportedly had tried to bribe with P200 million, was a no-show. Under grilling Mendoza and his technical man Lorenzo Formoso could not justify the NBN’s need or cost. At one point, this pesky columnist had to refute Formoso. Sen. Mar Roxas was asking him how many of the 45,000 barangays would be “wired” as the basis of the $330-million price. For five minutes Formoso kept saying he either didn’t know such basic figures or would just submit them in future dates. Whereupon I showed the senators a hard copy of Formoso’s PowerPoint presentation of June 20 at an Ateneo-Makati forum, and it said 23,000 barangays — or only half the country. Worst of all, Mendoza, Teves and Formoso admitted having met on at least four occasions with ZTE execs and discussing the NBN in front of Abalos — in the latter’s Comelec office or Wack Wack golf turf. Yet they quickly and incredibly claimed too that the election bigwig was never part of the deal.

So now Malacañang factotums want the Senate to stop its hearings. They insist that the Supreme Court after all is already studying the legality of the contract.

But the Senate tri-committee probe has other aims. The Blue Ribbon is determining breaches of law, which may bolster or expand charges in the Ombudsman. The committee on national defense is eyeing potential breach of state security in an exclusive government telecom setup, supplied by a foreign firm that is half owned by generals. The committee on trade and commerce could craft remedial legislation to force government totally out of telecoms competition, or to give priority to public bidding over so-called negotiated executive agreements with foreign governments.

Most of the senators are members of the three committees, and also head other relevant committees. Participating in the hearings, they may spot other angles to explore. The committee on foreign affairs could review all 33 deals signed with China in January-April and see if those that require tied loans are needed to begin with. Most of all, the committee on electoral reform may craft laws to prevent election officers from participating in state contracts or vacationing too often as elections draw near, and to select only persons of tested integrity for the sensitive posts.

In short, the investigation of the ZTE scam could and should set off a wave of reforms — aside, of course, from criminal charges. After all, it’s turning out that if a fertilizer scam prefaced the 2004 election, then a ZTE scam accompanied the 2007 balloting.

* * *

Congratulations to Director General Avelino Razon on his long-awaited ascent to the highest position in the Philippine National Police.

* * *

E-mail: jariusbondoc@workmail.com

Tuesday, September 25, 2007

ZTE deal inquiry, saan ba patungo?

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Tuesday, September 25, 2007

NAKAKA-DALAWANG hearing pa lang sa Senado tungkol sa maruming ZTE deal, marami nang pagdududa ang lumulutang. Bulong-tanong ng mga tao: nagpapasik­laban lang ba ang mga senador na balak kumandidato pagka-Presidente sa 2010? Maaarok ba talaga kung sinu-sino ang kumita nang pailalim sa $330-milyong (P16-bilyong) kontrata? Saan nga ba mauuwi ang hearings na kino-cover ng radio-TV live nang 5-6 na oras?

Natural lang ang mga tanong na ‘yan. Dala na kasi ang madla sa ilang pulitiko na pumoporma lang dahil naka­tutok sa kanila ang camera o mikropono. Inis na ang publiko sa puro “inquiry in aid of legislation,” tapos ni walang report sa huli.

Pero bagong Senado ito. Maraming bagong mukha. May bagong pag-asa.

Maraming maaring ibungang reporma ang Senate inquiry. Hindi lang naman Blue-Ribbon Committee ang nag-iimbestiga ng anomalya. Nand’un din ang commit­tees on national defense at trade and industry.

Ang national broadband network ay itatayo ng ZTE Corp., na pag-aari ng Chinese generals at bantad sa pag­ ma­manman sa Internet. Maaring makaakda ng batas ukol sa mga kontratang gobyerno na ikapapanganib ng national security. Ang NBN ay maaring yumurak sa karapa­tan ng mga Pilipino telecoms firms — PLDT/Smart, Globe, Sun — na nagbabayad ng buwis. Maaring magka­roon ng batas ukol sa pangongontrata ng gobyerno sa dayuhang kumpanya miski kaya naman ito gampanan ng lokal.

Halos lahat ng senador ay dumadalo sa hearings. Kuwenta nand’un na rin ang committee on foreign affairs at electoral reforms.

Maaring magkaroon ng batas tungkol sa pagsang-ayon ng Senado sa mga kontrata ng gobyerno sa dayuhang kompanya. Maaaring tapyasan ang labis na kapangyarihan ng Comelec head tuwing election period. Maari rin maayos na sa wakas ang sistemang halalan, na hindi na pinagtitiwalaan ng madla.

Huwag tayong mawalan ng pag-asa na mababago natin ang mali.

Monday, September 24, 2007

What they expect Neri to disclose

GOTCHA By Jarius Bondoc, The Philippine Star, Monday, September 24, 2007

Last Thursday Romy Neri was supposed to testify at the Senate on the hated ZTE deal. On the eve he noticed strange men casing his house in Quezon City. As a Cabinet member Romy promptly reported the security threat. Executive Sec. Ed Ermita dispatched a team from the Presidential Security Group. Romy failed to attend the Senate hearing due to bum stomach. The surveillants turned out to be police intelligence agents.

Why cops were spying on him, Romy doesn’t understand. News reports, meanwhile, quoted Armed Forces chief Gen. Hermogenes Esperon as associating the ZTE scam exposé to a plot to rock the Arroyo tenure. The military analysis echoes the old Marcos martial law trick of blaming legitimate dissent on communists and rightists. Did the surveillants suspect Romy of being among the imagined conspirators? Why do some officials seem so scared of what he might reveal about the $330-million government broadband deal with ZTE Corp. of China?

I have talked to Romy exactly ten times by phone and face-to-face ever since I started a series in Mar. on the ZTE scam. Each conversation was tense. On two occasions Romy swore me to secrecy. At least twice too he said his life was in my hands. In the last three talks, including Tuesday after I first testified about my exposés, I asked him when he would bare all. He repeated that there’s a time and place for everything. I told him of at least four pious groups that are praying for his safety. He assured me he would tell only the truth if made to take the oath. I said I anticipate the heavy sacrifice he would face if he does so; he sympathized with me for undergoing harassment, threats and false accusations. In our last talk, I told him I am honored he considers me a friend since 1987, when he became head of the Congress Planning and Budget Office.

I often review my notes of our first talk on the morning of Apr. 20, the day I wrote about the rush to sign the ZTE contract in Boao, China. From insider info, I had stated that the National Economic Development Authority, which he headed then, had approved the ZTE deal in a huff. He called to clarify that what NEDA had cleared was the concept for a national broadband network, not the company. Sorry, I said, but I drew my conclusion from the endorsement of Secretaries Leandro Mendoza and Ramon Sales specifying both Amsterdam Holdings Inc. and ZTE — just that it’s with the latter that Mendoza was signing a contract. I confided the tip that the NEDA didn’t like what it was doing.

Romy then rattled off many things he knew about the events leading to the scheduled signing of Apr. 21. I later learned that he had told at least three of our common friends the same things.

Some of the items have since been reported in broadcast and print. There was a supposed invitation from Comelec chief Benjamin Abalos to golf at the Wack Wack Country Club, during which Romy was offered P200 million to support ZTE. As the story goes, Romy turned down and told President Arroyo about the indecent proposal. Whereupon, she instructed him to not accept the bribe but ensure the NEDA approvals just the same. Romy has neither confirmed nor denied the reports.

Only God and Romy know if under oath he would confirm or deny the other items. I pray that he expound on them. He had told me on that morning of Apr. 20 and several other times that not only a Comelec official but an influential businessman too was inordinately lobbying for ZTE Corp. The businessman allegedly was responsible for the sudden rise of the ZTE tag price to $330 million days before the signing, when its original offer in Dec. to Feb. was $262 million. What was the $68-million difference for, I asked in subsequent talks. Romy said the businessman was assigned to raise campaign funds for an administration party during the last election.

I would understand if Romy balks in identifying the businessman. In a previous cocktail party at the residence of Speaker Jose de Venecia Jr., he said, that man had cornered and threatened him for opposing a fishy pier project. That man reportedly also worked on Romy’s consequent transfer from NEDA to the Commission on Higher Education.

Romy in our talks implicated most of the persons Joey de Venecia has exposed under oath as thieving from the broadband purchase. But I get the impression that Romy knows much more than the heroic whistleblower who initially was bidding for the telecom project.

About ZTE executives, Romy also said he has never seen any group as aggressive as them in pushing for a contract. They were waiting outside the NEDA conference room while the Cabinet was deliberating about them.

More importantly, Romy said a very powerful official arm-twisted him to turn the broadband project from a safe build-operate-transfer plan to a risky outright supply purchase. It was for that reason, he told me on Apr. 20, that he almost resigned from the Cabinet the day before.

* * *

E-mail: jariusbondoc@workmail.com

Butas-butas na bersiyon

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Monday, September 24, 2007

PABORITONG interbiyuhin ng media si Atty. Jesus Sison. Masubuan lang kasi ng mikropono, ratsada na siya nang satsat. Alam ng media men na malayo sa katoto­hanan ang mga sinasabi niya. Pero dahil sa spokesman siya ni First Gentleman Mike Arroyo, obligado silang bigyan siya ng ere sa radio-TV o espasyo sa peryodiko. Tsaka, nag­hahanap din ang media ng katatawanan — comic relief, ika nga — sa gitna ng mabibigat na balita.

Kaya hayan, hiningan ng media si Santos ng reaksiyon nu’ng Martes nang hapon sa pagdawit ni Joey de Venecia kay Arroyo sa maanomalyang ZTE deal. Hirit agad ni Santos, guniguni lang ni Joey ang panunurot ni Arroyo at pagngisi ng “back off” mula sa national broadband network project sa isang enkuwentro sa Wack Wack Golf and Country Club nu’ng Mayo. Kaso mo, pinahiwatig din ni Sen. Jinggoy Estrada na may kilala siyang waiter na nasaksihan ang pangyayari. Kaya kinabukasan, binago ni Santos ang bersiyon niya. Kesyo nandoon nga raw si Arroyo sa meeting nina Joey, Comelec chief Ben Abalos, DOTC Sec. Leandro Mendoza, at apat pa. Pero hindi naman daw pina­ atras ni Arroyo si Joey mula sa proyekto, kundi sa pango­ngontrata sa gobyerno dahil labag kuno ito sa batas. Biglang bida pa ngayon si Arroyo. Katawa-tawang bulaan.

Sinakyan naman agad ni Mendoza ang kuwentong kutsero ni Santos, Nang tumestigo sa Senado nu’ng Huwebes, ani Mendoza na napadaan lang kuno si Arroyo at tinanong kung sino si Joey at ano ang pakay niya. Malu­ manay daw ang ugali ni Arroyo, kaya’t hinding-hindi niya sinurot si Joey, kundi binalaan lang daw na huwag mangon­trata sa gobyerno. Pero butas-butas pa rin ang kuwento. Kung totoong malumanay si Arroyo, bakit siya nanghimasok sa usapan doon? Kung malumanay siya, bakit hindi na lang niya ipinasabi sa ibang tao kay bagong kilala pa lang na Joey na bawal kuno mangontrata sa gobyerno?

Dapat lang ilabas ng media ang panig nina Arroyo, Mendoza at Abalos. Kasi, parang isda, lalo sila nahuhuli sa bunganga. Napatunayang nagkita nga ang tatlo sa Wack Wack at pinag-usapan ang NBN. Sabit!

Friday, September 21, 2007

Joey under attack — from Senate snubbers

GOTCHA By Jarius Bondoc, The Philippine Star, Friday, September 21, 2007

It’s open season on Joey de Venecia for apologists of the “ZTE scam”. That’s to be expected after he, under oath, implicated presidential spouse Mike Arroyo, Comelec chief Ben Abalos and Transport-Communication Sec. Leandro Mendoza to lobbying and kickbacks for ZTE Corp. of China. Joey’s detractors are employing the “peanut butter defense”, that is, trying to spread the guilt around. They’re utilizing other media, though, instead of the Senate, where their principals have been summoned.

There’s a “news feed”, easily verifiable yet stretched for maximum impact, that Joey supposedly rehearsed his Tuesday testimony in the Senate on Monday night at the office of Sen. Jinggoy Estrada. There are text messages about drugs and debts. There’s even insinuation of an alleged plot to shake the Arroyo government — as if Joey ironically will be the first victim-indictee under the Anti-Terror Law.

The most oft-repeated attack is that Joey allegedly violated Section 5 of the Anti-Graft and Corrupt Practices Act. But critics conveniently quote only the first half of that law, to wit:

“Prohibition on Certain Relatives. — It shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil degree of the President of the Philippines, the Vice President of the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene, directly or indirectly, in any business, transaction, contract or application with the Government”:

If that first half alone of the section were to be applied, Joey could be charged for letting his Amsterdam Holdings Inc. bid to build a national broadband network, when his father Joe was the Speaker.

But there’s a second half of that section, which explains why the first ends with a colon and not a period, namely exceptions:

“Provided, That this section shall not apply to any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the Government along the same line of business, nor to any transaction, contract or application already existing or pending at the time of such assumption of public office, nor to any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a profession.”

Joey entered telecoms in 1989 as auditor-finance specialist with Arthur Andersen Consulting. Six years later he founded Multimedia Telephony Co. with foreign partners to page snap financial information to 40,000 corporate clients nationwide.

The old man was Speaker in 1992 and 1995 after Joey joined telecoms. The dad ran in vain for President in 1998 and left politics — for a while. In 1999 Joey’s MTI got its licenses for broadband, and decided to concentrate on that slice of telecoms. A year later he set up Broadband Philippines. Only in 2001 did the dad become congressman and Speaker again, and then also in 2004 and 2007.

Joey’s unsolicited offer thru AHI for a government broadband setup was made under the Build-Operate-Transfer Law. That law sets a process of evaluation and bidding by the executive branch, in which a Speaker has no say. Apparently Joey didn’t use kinship. In fact, he complains, government even broke the law. The transport-communications department never initiated a study of Joey’s proposal, as the B-O-T Law requires, but instead rushed to award to ZTE, apparently to accommodate Abalos. There never was a bidding because the justice department later said ZTE’s was a government-to-government deal.

But Joey says he has lost interest in the broadband project. He says that if ever there would still be a bidding, AHI no longer would participate. He would be content with having exposed the overpricing of the ZTE deal, and the onerous loan that Filipinos will have to repay for 20 years after instantly enriching the kickbackers.

* * *

Reader Roger Manalastas wonders: “Since this case will drag for many more months, will private citizen Abalos still be held accountable for his role in this controversy after he leaves office in Feb.?

Reader Onofre Espanola has an answer of sorts: “From news reports, Abalos admitted taking trips to China as guest of ZTE. There’s a news item in the September 5, 2007 issue of The Dallas Morning News that says what he should do if he happened to be a US government official: ‘Ex-sheriff accepts plea deal for trip. San Antonio — Former Bexar County Sheriff Ralph Lopez pleaded no contest Tuesday to three misdemeanor charges related to a Costa Rica trip he took with a company that was awarded a lucrative contract at the jail. Mr. Lopez, who resigned last week, pleaded no contest to charges of accepting a gift by a public servant, failure to report a gift, and tampering with a government record. He also agreed to pay a $10,000-fine.”

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E-mail: jariusbondoc@workmail.com

ZTE contract nilabag ang tamang proseso

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Friday, September 21, 2007

ANI President Arroyo, dapat tuparin ang mga kontrata ng gobyerno kapag dumaan ito sa tamang proseso, miski binabatikos sa media. Hindi ko kokontrahin ang sinabi niya. Kung tama ang proseso, tama rin ang presyo, kaya hindi masisira ng banat sa media.

Pero kung ang tinutukoy ni Arroyo ay ang umaalingas­ngas na ZTE contract, huwag na niya ito ipagtanggol dahil maling-mali ang proseso.

Una, inutos ni Arroyo sa Cabinet meeting nu’ng Nob. 21, 2006 na ipapatupad ang national broadband network sa paraang Build-Operate-Transfer ng pribadong sektor. Ito’y para walang risk o gastos o utang o sovereign guarantee ang gobyerno. E bakit supply contract ang in-award sa ZTE Corp. ni DOTC Sec. Larry Mendoza nu’ng Abril 21, 2007, at may kalakip pang utang na $330 milyon (P16 billion) sa China.

Ikalawa, nag-ahin ng unsolicited proposal ang Amster­ dam Holdings Inc. nu’ng Dis. 5, 2006, sa ilalim ng B-O-T Law. Ayon sa batas, dapat simulan ng ahensiya (DOTC) ang pagsusuri sa proposal sa loob ng 60 araw. Pero Mar. 2007 na, hindi man lang tiningnan ang papeles ng AHI.

Ikatlo, ayon sa Procurement Reform Act, dapat idaan sa electronic bidding ang pagkokontrata para walang dayaan. Walang public bidding sa NBN, miski merong ikatlong bidder, ang Arescom ng America. Pinalusot na lang ng DOTC at DOJ na kesyo executive agreement kasi.

Ikaapat, ayon sa Telecoms Policy Act, dapat umatras na ang gobyerno sa telecoms industry para paunlarin ng pribadong sektor. Pero sa pamamagitan ng NBN, magka­karoon muli ang gobyerno ng telecoms system. Hindi naman ito kakayaning patakbuhin ng DOTC, dahil ‘yung tatlong mas maliit dito ay pinalpak na. Ni hindi natin ito kailangan, anang mga dalubhasa.

Ikalima, anang Omnibus Election Code, bawal mag-award ng supply o service contract ang gobyerno habang election period, para nga naman hindi mapaboran ang sinomang nag-aabuloy sa kampanya. E bakit pinirmahan itong ZTE contract sa kalagitnaan ng election period?

Tuesday, September 18, 2007

Fertilizer scam nu’ng ’04, ZTE scam ngayong ’07

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Tuesday, September 18, 2007

MAIHAHAMBING ang fertilizer scam nu’ng 2004 elections sa ZTE scam nitong 2007 balloting. Pareho silang pakana sa gitna ng eleksiyon para kumalap ng limpak-limpak na pondong pangkampaya ng administras­yon ni Gloria Arroyo.

Repasuhin natin ang nakalipas. Nang pasimula na ang kampanya ng presidential-congressional elections nu’ng 2004, naglaan ng mahigit isang bilyong piso ang Depart­ment of Agriculture para sa fertilizers. Isa pala itong scam para mabigyan ng tig-P5-P50 milyon ang mga mayor at congressman na kapartido ni Gloria Arroyo. Pondo ’yon para sa sarili nilang kampanya at para rin ikam­panya nila si Arroyo sa pagka-Pangulo. Nag-ikot sa Pilipinas si USec Jocjoc Bolante para ipamahagi ang pondo. Pati con­gressmen sa mga siyudad, nabigyan kuno ng ferti­lizers. Kinulong si Bolante dahil sa pagpuslit sa America nang walang visa. Ayaw siyang hingin ng Pilipinas para panagutin tungkol sa kinulimbat. Halatang kasabwat ang administrasyon sa ginawa niya.

Nitong pasimula pa lang ang kampanyang 2007, ZTE Corp. naman ang ginawang palabigasan. Sa unang presyo nitong $262 milyon nu’ng Disyembre 2006, nadis­kubre umano ni Joey de Venecia ang kickback na $130 milyon ni Comelec chief Benjamin Abalos. Tapos, nu’ng pinirmahan nina DOTC Sec. Leandro Mendoza at ZTE vice president Yu Yong ang broadband supply contract nu’ng Abril 2007, naging $330 milyon ang presyo. Ito’y dahil may sumingit na malaking negosyante na nanga­ngalap ng pondo para sa partido ng adminis­trasyon. Idinagdag niya ang $68 milyong (P3.2 bilyon) kickback. Alam ito ng isang Cabinet member. Sana mag­karoon siya ng lakas ng loob na isiwalat ang kalokohan. Lalo na’t ayaw pa ring ibasura ni Arroyo ang ZTE deal na magpa­pahirap sa bayan.

Tandaan, uutangin ng gobyerno ang pambayad sa ZTE na $330 milyon (P16 bilyon), pero ayaw ipakita sa publiko kung para saan ito. Halatang scam ang kontrata, para lang kumita ang ilang kawatan, at mapondohan ang partido. Pero tayo ang magbabayad sa huli.

Monday, September 17, 2007

She came and went like a ‘thief in the night’

GOTCHA By Jarius Bondoc, The Philippine Star,Monday, September 17, 2007

Outcry swelled against the contentious ZTE deal the past two weeks. And what did President Arroyo finally say about that useless, costly $330-million (P16-billion) exclusive government broadband setup? She screeched that, “we must be a government that honors contracts and agreements that go through the required processes, despite media attacks.”

Arroyo in effect spelled out the official line. All the gripes of telecom experts, businessmen, state economists, sidelined competitors, legislators, and the US envoy are but media barbs. Malacañang will dig in and defend against all them the supply contract with China’s ZTE Corp.

Trouble is, she can hardly say that it went through right procedures.

Long have legal beagles been warning that the deal breaks at least eight laws:

First is the Build-Operate-Transfer Law. Rival Amsterdam Holdings Inc. had filed in Dec. an unsolicited proposal to build the broadband system on its own. But the Dept. of Transportation and Communications sat on its papers beyond the 60-day deadline 60 days to initiate a study. When AHI began complaining in Mar., another bidder Arescom Inc. of California cried out. It turned out that its even earlier offer had been pending for a year.

Then there’s the 1995 Telecoms Development Act, which ordered government to move out of the industry and privatize its networks. The ZTE deal would return government to the telecoms business — in unfair competition with private firms.

The Procurement Reform Act requires that all public contracts go through open bidding for the best price and quality. The justice department bent the implementing guidelines to declare the ZTE deal a government-to-government agreement that supposedly needs no bidding.

The Omnibus Election Code bans government offices from awarding any supply or service contract during the election period, lest a political party or candidate be unduly favored. The ZTE deal was signed Apr. 21, right smack during the congressional campaign.

Comelec chief Benjamin Abalos admitted traveling to Shenzhen four times last year on ZTE expense. The Anti-Graft and Corrupt Practices Act forbids government officials from receiving gifts of value. More so, if the gift is from a person or company trying to bag a government contract. The law further prohibits transactions grossly and manifestly disadvantageous to the public interest. Yet the government would spend $330 million on ZTE’s supply, versus Arescom’s $135 million and AHI’s offer to spend in its own $240 million at no risk to government.

The deal breaks the constitutional rule of transparency in all public transactions. DOTC officials have refused to give out copies of the contract, at first saying nothing, and then claiming supposed theft of “the only two copies,” and finally alleging confidentiality of proprietary information.

In hiding the contract, the DOTC further breaks the Anti-Red Tape Act. The law requires government agencies to produce within ten days documents needed by taxpayers. For months, DOTC officials have not bothered to even reply to requests for copies of the reconstituted contract. (Sec. Leandro Mendoza says he will ask the Supreme Court for permission to speak about the contract. It would be easier if he just gives out copies and let the document speak for itself if it truly is, as he claims, regular.)

Lastly, the deal breaks the constitutional rule of prior Monetary Board consent to borrow for any government project. By Mendoza’s own admission, only now are they working for Board approval of a loan they signed in Aug. covering the contract signed in Apr.

Aside from legal issues, nagging questions confront President Arroyo about this fishy deal. For one, why did she allow the DOTC to sign a direct supply deal, coupled with a state loan that needs sovereign guarantee? This, when she insisted in a Cabinet meeting in Nov. that the broadband project be done by B-O-T, so no cost or loan to government.

Why did economist Arroyo allow her propagandists to bill this project as fresh investment from China? A project for which Filipinos will borrow $330 million and repay for 20 years is certainly not foreign investment.

Why is so important about a project deemed useless by experts, that Arroyo would leave a very sick husband to witness the contract signing in Boao, Hainan, China? And having made that huge sacrifice, why did she not raise a peep when the papers supposedly were stolen a few hours later in a hotel room? And why would she defend the deal despite the legal infirmities?

Perhaps the answers to the questions lie in the Official News Release No. 5 that Malacañang issued on that fateful contract-signing day of Apr. 21:

Boao, China — Nearly a billion dollars worth of new investments in less than 12 hours. That’s the way things looked like for President Gloria Arroyo in her brief stay in this picturesque coastal town Saturday as she ‘came and went like a thief in the night,’ bringing with her an avalanche of Chinese investments to the tune of $904.38 million.”

* * *

E-mail: jariusbondoc@workmail.com

Presidente maari palang isakdal, sentensiyahan

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Monday, September 17, 2007

MALINAW ang leksiyon sa verdict ng Sandiganbayan kay Joseph Estrada: Miski pala Presidente, na pinaka-makapang­yarihang opisyal ng bansa, ay maaring isakdal, litisin at sentensiyahan dahil sa katiwalian. Magsilbing leksiyon sana ‘yan sa mga susunod na Presidente.

Mahigit 11 milyong botante ang humalal kay Erap nu’ng 1998 — pinaka-malaking boto para sa posisyon sa kasay­sayan ng Pilipinas, miski 33% lang ‘yon ng electorate. Ang popu­ laridad niya ay nasa 60% nu’ng 2000, nang ibunyag ni Chavit Singson ang pagnakaw nina Erap at Atong Ang ng tobacco excise taxes at pagtanggap ng jueteng payola. Dinaan sa bilis ni noo’y Speaker Manny Villar ang transmission ng im­peachment sa Senado, kung saan hinarang ng mayorya ang pagbukas ng sobreng may lamang ebidensiya. Nauwi ito sa People Power EDSA-2, at naluklok si Gloria Arroyo. Bumalik na sa kani-kanilang bahay at buhay ang mamamayan, at hina­yaan ang mga awtoridad ipatupad ang batas.

Maaalalang sinuri ng Ombudsman ang mga kasong isi­-nam­pa laban kay Erap: Plunder ng P2 bilyon at perjury sa pagpepeke ng statements of assets and liabilities. Hinuli siya ng pulis sa bahay. At sa pamumuno ni Chief Special Pro­se­­cu­tor Dennis Villa-Ignacio, nilitis ang kaso niya sa special division ng Sandigan­bayan.

May mga panlalambot ang Arroyo administration sa kasong ito. Sa kabila ng protesta ni Villa-Ignacio, nagawan ng paraan para “ipiit” si Erap sa sariling rest house sa Tanay, Rizal, at sa Veterans Memorial Hospital, imbis na sa Quezon city jail o Camp Crame stockade na kulungan ng ibang sakdal ng plunder. Ilang beses din nagpahiwatig ang Malacañang na pahihinain ang kaso laban kay Erap, o kaya’y ipa-pardon siya agad matapos ma-convict. Dahil lang sa pride niya kaya hindi tinatanggap ni Erap ang mga panunukso ng administrasyon.

Halata ang pakay ng administrasyon sa mga kilos tungkol kay Erap. Naghahanda na rin ito ng scenario sakaling sila naman ang kasuhan ng plunder dahil sa mga kalokohan sa ZTE deal, Piatco at fertilizer scam.

Friday, September 14, 2007

Lesson of Erap case lost on officialdom

GOTCHA By Jarius Bondoc, The Philippine Star, Friday, September 14, 2007

There’s a big lesson in the Joseph Estrada verdict. If a President can be prosecuted and convicted for graft, so too may lower bureaucrats. And so too other Presidents.

Will that sink into their minds and strike fear in their hearts? They don’t show it.

Red tape and petty sleaze have declined of late due to stricter civil service rules. Anti-graft watchdog Transparency & Accountability Network gave that good news last month. But TAN hastened to add that the secrecy that shrouds high-level government deals has given rise to grander, more lucrative corrupt practices.

TAN executive director Vincent Lazatin pointed out the irony during a workshop on dishonesty. Malacañang’s issuance last year of an anti-red tape executive order dramatically reduced under-the-table transacting and undue delays. But it is also Malacañang that prevents the scrutiny of major deals decried as onerous or overpriced.

Lazatin’s observation came amid cries to reveal the Japan-Philippines Economic Partnership Agreement and the broadband supply from China’s ZTE Corp. Malacañang has since relented to prior ratification of the pact by the Senate before enforcing, as the Constitution requires. But contrary to constitutional rule for transparency, it still refuses to show the ZTE contract to aggrieved competitors, telecoms experts, businessmen, legislators and the media. And it’s been five months since the contract was signed on April 21 in Boao, Hainan, China, with President Gloria Arroyo no less witnessing.

Last Wednesday Trade Sec. Peter Favila snubbed the Question Hour on ZTE at the House of Reps because he didn’t get presidential clearance to talk. Transport and Communication Sec. Larry Mendoza declined, although he is the contract signatory and thus accountable officer. Expect the same to happen on Thursday at the Senate, where Finance Sec. Gary Teves, former economic czar Romy Neri, and seconds have been invited. A Malacañang factotum yelled to them to secure Arroyo’s assent to go, or else. Teves has gone anew on medical leave.

Opacity marked many recent government acts, among them the sale of sequestered assets. All run to hundreds of millions or billions of pesos. All are being questioned in Congress, the courts, or coffeeshop murmurs. But the worst embodiment of government contracting is the ZTE deal. It not only is being hidden from the public, but also is overpriced, based on the ignored offers of two rivals. An exclusive government broadband setup is even needless and would end up a white elephant, economists aver. Yet it would force Filipinos to repay a loan of $330 million (P16 billion) for 20 years at 3-4 percent interest.

Early this year the Hong Kong-based Political and Economic Risk Consultancy asked businessmen to rate government corruption from 0 as best possible score, to 10 as worst. They graded the Philippines 9. A Social Weather Station poll in March also found high disenchantment due to graft. Lazatin said it was becoming tougher for anti-graft groups like TAN to wring information and access documents from the Arroyo administration. Among such papers are the supposedly public statements of assets and liabilities of government men.

The situation is not about to improve. Last week five major business groups denounced “a growing culture of impunity” in the government. They wondered how Comelec chief Benjamin Abalos could travel at least four times to Shenzhen last year courtesy of ZTE executives, when he was supposed to be busy preparing for clean and orderly elections. They also warned Mendoza against belittling the outcry against secrecy in the deal.

The middle-class Black-and-White Movement also decried the officials’ “acquired narcissism.” People in high places, it noted, find it easy to behave in bizarre ways, as if election or appointment entitles them to do as they please, and operate under different rules because of stature.

Mendoza’s refusal alone to divulge the contract should be grounds for censure. The Code of Conduct and Ethical Standards requires officials to reply to requests within 15 days. The Red Tape Law further makes them produce complex papers within ten days. Yet Malacañang is silent about his silence.

Abalos’ admission of free travels also breaches the Code of Conduct. Yet the Comelec refuses to investigate him.

Estrada’s apologists maintain that if ever he took jueteng payola, he never stole from the public till. That may be hair-splitting. But the Arroyo administration has yet to explain fully the fertilizer scam that presaged the Garci tapes of the 2004 elections. More than a billion pesos were misspent on that. And now it has to explain the ZTE scam that presaged the Bedol affair of the 2007 balloting. About $70 million (P3.5 billion) reportedly was illegally raised for the campaign this time around.

Truly, the lesson of the Erap verdict is lost on officialdom.

* * *

E-mail: jariusbondoc@workmail.com

Dagdag pahirap ang utang sa ZTE

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Friday, September 14, 2007

WALUMPU’T walong milyong Pilipino tayo. Dahil sa kauu­tang ng gobyerno — na tayong mga mamamayan naman ang magbabayad sa pamamagitan ng buwis — may kargo ang bawa’t isa sa atin na P44,000. Ibig sabihin, bawat isa sa atin — bata o matanda, babae o lalaki, mayaman o mahirap — ay nakasanla sa halagang ‘yan, at dapat matubos. Karamihan ng utang na ‘yan ay sa mga dayu­hang bangko o gobyerno.

Bakit tayo nagkautang nang ganyan? Sabi nila, kung minsan ay dahil kinailangan, tulad ng bigas o trigo sa panahon ng sakuna. Pero karamihan ng utang ay para sa mga proyekto tulad ng bagong airport o pier, kalsada o tulay, paaralan o ospital. Umuutang para diyan dahil kulang ang pondo ng gobyerno para sa mga dapat bilhing serbisyo o supply. Bakit kulang? Kasi ninanakaw ng mga nasa gobyerno rin. At diyan nagsisimula ang vicious circle. Dahil nakikita ng mamamayan na ninanakaw lang ang ibinabayad nilang buwis — o kaya winawaldas sa mga proyekto kung saan nakapaskel ang pangalan ng opisyal na may-pakulo — dinadaya na rin nila ang pagbabayad ng buwis. Ninanakaw ng nasa puwesto, dinadaya ng mamamayan: Ang resulta ay kapos ang pera para sa mga proyekto tulad ng infrastructures, kagamitan at serbisyo (halimbawa, pabahay, edukasyon, kalusugan).

Sa ZTE deal nakapaloob lahat ng kabulukan. Overpriced ang deal. Sa kabuuang halagang $330 milyon (P16 bilyon) ay may kickback na $200 milyon (P10 bilyon). Pati nga mga opisyal na wala naman kinalaman sa telecoms ay nakisawsaw.

Hindi natin kailangan ang ibinebenta ng ZTE Corp. na national broadband network. Pero ipapangutang pa ng gobyerno sa China Eximbank ang halaga. Kikita agad ang mga kawatan. Magbabayad tayo nang 20 taon. Hindi natin alam kung para saan dahil itinatago sa publiko ang kontrata. Pero ang kargo ng bawat isa sa atin na P44,000 dahil sa utang ng gobyerno ay madadagdagan pa ng $1,000. Sa panahon pa lang ni Gloria Arroyo, mas malaki na ang nautang kaysa apat na Presidente mula 1964.

Wednesday, September 12, 2007

How Joey de Venecia discovered overprice

GOTCHA By Jarius Bondoc, The Philippine Star, Wednesday, September 12, 2007

Recounting events of Dec. 2006, Joey de Venecia says Comelec chief Ben Abalos at first tried to buy him out of the NBN bidding for $10 million. When he turned him down, Abalos allegedly changed tack and strived to make it look like they were partners. There was the tete-a-tete that Abalos called at his office in Intramuros, Manila, for DOTC Assistant Sec. Lorenzo Formoso to witness. And there was the meeting with ZTE Corp. bigwigs in China on Dec. 27 where Abalos stressed he was with the son of the Speaker, so they better come across with the promised commissions.

It was during that Shenzhen meeting when Joey confirmed to himself that kickbacks were to be paid. Earlier, though, he discovered how much.

Abalos has refused to talk about Joey’s revelations and denies any link to the $330-million (P16-billion) ZTE deal. My requests for live talk-radio interviews the past several Saturdays have been turned down. All three of us reportedly will be summoned to the Senate to tell all we know.

Joey was reluctant to join that Shenzhen meeting. Not only was it smack in the middle of the Christmas holidays. He also was worried where Abalos’ lobbying for ZTE would take him, given the $10-million bribe offer. At that time, Joey’s Amsterdam Holdings Inc. already had made an offer to DOTC to undertake the NBN on its own, no cost or risk or loan to the government, for $240 million. All AHI wanted in return was for government to subscribe to half of its built capacity, but at 25-percent lower than other telcos.

Abalos said he wanted to introduce Joey to ZTE execs. Joey replied that he already knew them as suppliers of his Broadband Philippines Inc. Abalos insisted that Joey join him even for just one day at Kempinski Hotel near ZTE headquarters in Shenzhen’s Nanshan district. Remembering his reelectionist dad’s instructions to be nice to the old man, Joey relented.

Before seeing the ZTE top guns, Joey was ushered into Abalos’ suite. There he was shown ZTE’s proposed equipment supplies, with a notional price of $262 million. Joey was surprised that, for such huge amount, ZTE’s telecom backbone would cover only 30-40 percent of the country. His AHI budget of $240 million, arrived at with the help of ZTE managers in Manila, was for 80-percent coverage.

Joey faxed what he now calls “the Abalos design” to his technical men in Manila. Under instructions to confer with George Zhu Ling, ZTE’s Philippine country manager, the technologists reported back their findings. Based on the specified supplies, ZTE’s real price should only be half of $262 million, or about $130-$132 million.

Incidentally, a third competitor, Arescom Inc. of California, earlier had offered to sell the same telecom system as ZTE’s for only $135 million. Last week Filipino telco executives, studying DOTC’s claims in newspaper ads, said they easily could supply the same system for only a third of ZTE’s final contract price of $330 million. In short, basic prices from different sources are about the same.

Joey pointed out the price discrepancy to Abalos. He recalls the latter telling him that if they partner in the deal, AHI should mimic the ZTE rate, then cover the off-book commission of $130 million or so. It would be easy, Joey recalls being cajoled into accepting, “my law firm will fix the papers.” Yeah, right, and I go to jail for money laundering, he said to himself.

The matter was left hanging. ZTE vice president Yu Yong and project chief Fan Yan had arrived and were waiting for them downstairs. Joey, Abalos and four cronies of the latter proceeded to the meeting room. There Abalos allegedly pounded his fist on the table to stress the need to release the money because top Filipino officials and “the party” were waiting.

So from Joey’s recollection, there was overpricing of $130-132 million in the original ZTE price of $262 million in Dec. 2006. But why did the figure rise further to $330 million by the time it was signed by DOTC Sec. Leandro Mendoza and Yu Yong on Apr. 21? The answer perhaps lies with then-NEDA Sec. Romy Neri.

In broadcast interviews, Neri has said that Abalos did bring the ZTE brass to him to discuss the NBN project. But he would neither confirm nor deny being offered P200 million to approve it. Will he neither confirm nor deny too that a big businessman stepped in sometime Feb. and Apr. 2007 to include another $70-million overprice — this time for a political party? That tycoon reportedly is responsible for Neri’s yanking out of the NEDA.

The total overprice runs up to $200 million (P10 billion). Sen. Panfilo Lacson says part of it already has been paid out. No wonder the huge sums going to nasty PR operators nowadays, including P200,000 apiece to defend the deal and P300,000 to malign the critics.

* * *

It was supposed to be held last Monday till today at the Wack Wack Golf and Country Club on the behest of Abalos, a former president. But the three-day summit of electoral reformists and Comelec officials has been postponed indefinitely. No date or venue has been reset for a long-delayed assessment of the May 2007 midterm election and discussion of loopholes in election laws.

* * *

E-mail: jariusbondoc@workmail.com

Tuesday, September 11, 2007

Mga sekreto ng estado malalantad sa Tsina

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Tuesday, September 11, 2007

APAT na senador ang nagpapaimbestiga sa ZTE deal hindi lamang dahil sa katiwalian kundi dahil sa banta sa national security. Anina Sen. Mar Roxas, Gregorio Honasan, Pia Cayetano at Ping Lacson, delikado raw ibigay sa dayuhang bansa ang pagtayo, mentena at pagpapaandar ng exclusive government broadband network. Kasi, pagsasama-samahin sa network lahat ng Internet, land line at video-conferencing ng national at local agencies. Maari itong gamiting pagkakataon ng Tsina para espiyahan ang gobyerno. Madidiskubre nila ang mga sekreto ng estado, tulad ng disposisyon ng mga unit ng Sandatahang Lakas, o balaking diplomasya, o mga usapan tungkol sa Spratly Islands kung saan may overlapping claim ang Pilipinas at Tsina.

Ang ZTE Corp. ay itinatag sa Shenzhen nu’ng 1989 ng mga heneral ng People’s Liberation Army. Nu’ng 2001 ibinenta nila ang kalahati sa pribadong sektor nang ilista sa Shenzhen at Hong Kong stock exchanges. No. 3 telecom maker ngayon ang ZTE sa Tsina. Dahil sa impluwensiya ng mga heneral, maraming kontrata ang ZTE sa gobyerno. Kasama rito ang maseselang supply ng telecoms para sa militar, kasama na ang bugging devices at spy satellites.

Notorious ang Tsina sa pagbabantay sa land line, Internet at pati sa cell phones. Sa mahigit 500 siyudad, merong mga 24-hour listening posts. Wina-wiretap nila ang mga dissidents. Pati sa Internet, nag-e-eavesdrop ang militar. Kapag may mag-e-mail tungkol sa aktibidades ng Falun Gong o Simbahang Katoliko, halimbawa, agad itong nalalaman, at pinapupuntahan sa pulis ang e-mailer. Pati ang mga higanteng Google at Yahoo! ay brinaso ng mga awtoridad na ipasilip ang mga private e-mail ng minamanmanang tao at ibawal ang lahat ng dissident websites. Katulong ang ZTE sa lahat ng ito.

Ngayon naman, ipatatayo natin sa ZTE ang telecoms network ng gobyerno. Babayaran natin nang overpriced na $330 milyon (P16 bilyon) para espiyahan tayo ng dambuhalang bansa, dahil sa kickback ng tiwali.

Monday, September 10, 2007

Abalos to lead today’s confab on poll reforms

GOTCHA By Jarius Bondoc, The Philippine Star, Monday, September 10, 2007

Electoral reformists and Comelec officials will meet today at the posh Wack Wack Golf and Country Club in Mandaluyong. Long planned, their agenda is to assess the May 2007 midterm balloting and find ways to rescue the shattered voting system. Comelec chief Ben Abalos chose the venue for the three-day event over which he will preside. The irony cannot be lost on the attendees. This is the same clubhouse where, Joey de Venecia III says, Abalos in Dec. 2006 tried to bribe him out of the national broadband project for $10 million, to favor ZTE Corp. of China. Other encounters took place there between de Venecia and Abalos and the latter’s alleged cronies. All seem incriminating.

Abalos has made a blanket denial, of course, and threatened to go on “legal offensive” against de Venecia. That only sent news hounds hotter on the trail of juicy tidbits at Wack Wack.

Earlier, linked by Rep. Carlos Padilla to the shady $330-million (P16-billion) telecoms supply deal, Abalos had admitted on talk radio to flying to Shenzhen four times last year on ZTE expense. It was out of harmless golf protocol, he said, since he often hosted ZTE execs at Wack Wack where he used to be president. He claimed to have nothing to do with broadband, but only brought the Chinese to Finance Sec. Gary Teves’s house to mull agribusiness investing in Davao. When interviewed to confirm it, Teves blurted there was one other meeting in which Abalos and ZTE execs were present. It was the one that Transport and Communications Sec. Leandro Mendoza had set, also at Wack Wack, in which the broadband deal was tabled. Called by Abalos, Teves recanted the next day.

Then it was former Economic Sec. Romy Neri’s turn to be queried by newsmen. He said Abalos indeed had brought ZTE officials to him. Too, that he was offered P250 million to assure the approval of ZTE’s bid by the National Economic Development Authority. And now it turns out that de Venecia too was offered double to withdraw the competing offer of his Amsterdam Holdings Inc.

One of few Filipino experts in broadband technology, de Venecia recounts that he promptly turned down Abalos’s offer out of shock. He then explained to him that he has two foreign partners in AHI who are bound by laws against overseas corruption.

Days earlier on Dec. 5, 2006, de Venecia’s AHI had submitted a Build-Operate-Transfer of the broadband to Mendoza. ZTE had offered a straight sale of equipment and software. Abalos wanted so much to bag the deal for ZTE as his last hurrah, de Venecia recalls. The kink was that ZTE’s price then of $262 million to supply the broadband setup paled in comparison to AHI’s offer to spend its own $240 million. Too, AHI’s plan was to cover 80 percent of the country while ZTE’s was only 30 percent. It simply didn’t compute. But Abalos went to de Venecia’s dad, the Speaker who was about to run for reelection, and asked to meet with the son.

De Venecia felt that Abalos also wanted officials and ZTE execs to perceive them to be working together. Soon after the $10-million offer, he was invited to the Comelec chief’s office where he was introduced to DOTC assistant secretary Lorenzo Formoso. “You see, Joey is here as my partner,” Abalos allegedly said.

In another meeting at Wack Wack in early February, de Venecia recalls, it was DOTC Asec. Elmer Soneja who walked in. “You see, Joey and I are partners now,” Abalos again allegedly assured.

But de Venecia had become wary of Abalos after the $10-million issue. He felt worse after a meeting on Dec. 27, 2006, in Shenzhen with Abalos and the Chinese, at a hotel near ZTE head office. De Venecia had tried to avoid the meeting during the holidays, explaining to Abalos that he didn’t need to be introduced to ZTE bigwigs since he already knew them as suppliers of Broadband Philippines Inc. where he is chairman. But Abalos was insistent and Joey was deferential on instructions of his dad. In that meeting at the business center, ZTE executives including vice president Yu Yong and director Fan Yan were seated with colleagues on one side. De Venecia, Abalos and the latter’s four pals faced them across the table.

Abalos allegedly began by saying everything was fixed. Proof was that competitor de Venecia, the Speaker’s son, was with him. De Venecia says that Abalos then demanded to be given monies earlier promised him, stressing that he would be very busy starting Jan. 15, 2007. That date happens to be the start of the election period.

Abalos allegedly added: “The President, the party and the Speaker is waiting for it.” De Venecia says he stood up and pulled Abalos to a corner, demanding that the latter stop dropping names, especially his dad’s, who has no knowledge of the broadband project anyway. It was also then that de Venecia stumbled upon the overpricing.

Months later, on Apr. 21, Mendoza and Yu Yong would be signing the ZTE contract. It came at the height of the five-month election ban on government contracting for supplies or services. Election commissioners have yet to say why such contracting was allowed to pass. They’ve only said so far that they had given to Abalos all authority to issue exemptions on such contracts.

And so today reformists and Comelec will strive to spot loopholes in the many laws compiled under the Omnibus Election Code. How far they will go is unsure. But based on Abalos’s public confessions alone, there ought to be a law against Comelec officials jet-setting when they should be preparing for clean, orderly and credible elections.

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E-mail: jariusbondoc@workmail.com

Padilla sinisiraan imbis na sagutin

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Monday, September 10, 2007

ISA sa mga magkasosyo sa Amsterdam Holdings Inc., na inetsapuwera ng DOTC para ibigay sa Chinese ZTE Corp. ang national broadband network deal, ay si Joey de Venecia III. At dahil idinawit ni Rep. Carlos Padilla si Comelec head Ben Abalos sa $330-milyon (P16-bilyon) anomalya, sinisiraan nang todo ngayon ang lider-Opo­sisyon. Kesyo raw “pakawala ni Speaker” Joe de Venecia Jr., ama ni Joey, si Padilla.

Malayo ‘yun sa katotohanan. Tingnan ang mga kaganapan:

• Walang partido si Padilla; hepe ng Lakas si JDV. Nu’ng mapait na labanang Speakership nu’ng July, pumanig si Padilla kay Pablo Garcia kontra JDV. Bago siya mag-privilege speech para isangkot si Abalos nu’ng Aug. 29th, naunang magtalumpati ang kapwa-maka-Garcia na Rep. Joey Solis ng Sorsogon. Binanatan ni Solis si JDV dahil sa delayed salaries ng House employees; sinuportahan siya ni Padilla sa interpellation at minungkahing buksan ang libro ng House. Bakit daw sina JDV at chairman ng committee on accounts lang ang nakaaalam ng kalagayan ng pera ng House?

• Nu’ng 1998 nang kumandidato si JDV sa pagka-Presidente, si Padilla ang bukod-tanging Ilocano congressman na kumampi kay Erap bilang LDP member. Nang magbalik-congressman si JDV nu’ng 2001, nilabanan siya sa pagka-Speaker ni Padilla, na nang matalo ay naging House Minority Leader hanggang 2004.

• Walang humpay na kritiko ni JDV si Padilla. Sobra raw ang dami ng Deputy Speakers, chairmen at kasapi ng 70 komite sa Philippine House, samantalang sa US House ay 19 lang ang standing committees. Ito raw ang paraan ni JDV para manatili sa puwesto, at hindi magbabago ang House hanggat namumuno si JDV. Sinabi niya ito sa ABS-CBN nu’ng Speakership fight, at nagalit si JDV. Nang manalo uli si JDV, hindi sumapi si Padilla ni isa man lang komite, at tinanggihan ang tiket-eroplano sa junkets abroad.

‘Yan ba ang pakawala ni JDV?

Sana sagutin na lang ang mga isyung nilabas ni Padilla sa speech: Ang katiwalian sa ZTE deal.


Friday, September 7, 2007

Immigration watch list mars holiday, justice

GOTCHA By Jarius Bondoc, The Philippine Star, Friday, September 7, 2007

Remember the theft last November of Chinese pork from four reefer vans at a Customs warehouse in Manila? The Ombudsman has suspended five Customs officers while being investigated. This is to prevent them from using their positions to daunt witnesses or tamper with case records.

Removed were chief Alexander Arcilla of the defunct Task Force Anti-Smuggling, director Facundo Bitanga of Auction and Cargo Disposal, examiners Nanie Koh and Roger Manlangit, and warehouseman Dionisio Menil.

To recall, a two-step crime was committed. In September an importer tried to sneak in the contraband of banned pork from China at the height of a foot-and-mouth disease epidemic. Customs men smelled the smuggling and seized the containers. After inspection and sealing by the Bureau of Animal Industry, the goods were sent to Seven Sigma private warehouse, under the special supervision of Arcilla. When an order was issued weeks later to bury and destroy the diseased meat, the vets discovered that their seals had been replaced. Still they accompanied the convoy to Pampanga, but it turned out there was no dumpsite. Local officials had not even issued a dumping permit. Aided by Customs guards, the suspecting vets ordered the vans opened, and saw these almost empty of the inventory.

The importer had long been charged, along with the Customs broker. Only now is the Ombudsman digging deeper into the theft.

* * *

Friday last August 17 was supposed to be the start of a long-planned Hong Kong-China vacation of spouses Carlos and Susan Carlos. It ended abruptly in frustration because of a faulty entry in the Immigration hold-departure list.

The Carloses had already checked in their luggage, paid airport fees and cleared Customs, but were stopped at Immigration. Mr. Carlos’ name was in the list of wanted criminals and thus may not leave the country, the officer said. Only the wife can depart, but what a way that is to spend a wedding anniversary tour.

Now the Carloses, both bankers, have led quiet lives raising two kids to college. Carlos Carlos is not a common, so he asked what his supposed crime was. The Immigration officer said it doesn’t say in the list. Susan pleaded that there surely was a mistake, and asked for a middle name or even just an initial, photograph, address, birth date, identifying marks, or any other personal record. None. Mr. Carlos’ boarding pass was cancelled, and they were told to retrieve their bags from the plane. Go clear the matter at the Immigration head office on the other side of town in Intramuros, the officer advised.

The Carloses felt so helpless. It was almost 8 a.m. Determined to have that holiday, they lugged their bags and hailed a cab for Manila. By then Typhoon Egay was whizzing by with little winds but lots of floods. The Carloses got stuck in traffic. From the radio they learned that government offices were closing by noon due to the storm. A long weekend followed.

It was Tuesday when the Carloses finally got to see a supervisor at the Immigration building. It turned out that the wanted namesake was half Mr. Carlos’ age and with a court case pending in a faraway province. The middle name and other personal data certainly did not match. So a travel clearance was issued. By then it was too late. The tour would have ended that day. And the Carloses couldn’t refund the hard-earned $1,410 because they were part of a discounted package. The next day they returned to the airport to have Susan’s departure stamp cancelled. At the Immigration counter was a man distraught that he couldn’t leave to visit his daughter because his name was in the dreaded list. Like Mr. Carlos’ case, there was no middle name, not even just initials or whatever.

The Carloses make a “simple appeal to the courts or whoever it is in charge of putting names” in hold-departure lists: “Please take extra effort to include additional helpful information that will save many Filipinos from inconvenience and money. It would have helped us a lot if only....”

* * *

The reverse happened in the recent case of Randall Johnson, country manager of Chevron (formerly Caltex), who has a pending deportation and court cases for unfair trade practices and contract breaches. The Limcaco family had sued the Canadian and petitioned Justice Sec. Raul Gonzalez on June 8 to put him on the watch list. That is, to alert the authorities in case Johnson tried to leave the country and thus frustrate justice. Complying with Gonzalez’s order, Immigration chief Marcelino Libanan had the expatriate so listed.

Weeks later Johnson sneaked out with nary an alert flashed to the courts. All it took was a call from Malacañang to clear him for departure. The Limcacos worry if the merits of their expulsion case will even be heard by Immigration now that the defendant has demonstrated influence.

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E-mail: jariusbondoc@workmail.com

Linisin ang sistemang halalan habang maaga

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Friday, September 7, 2007

SARIWA pa sa isip ko ang panawagan ni dating National Security Adviser Joe Almonte nu’ng Disyembre 2002. Isa’t kalahating taon lang noon nang matapos ang congressional election ng 2001, aniya, at isa’t kalahating taon muli ay presidential election naman ng 2004. Nanawagan siyang linisin na sana habang maaga pa ang sistemang halalan, para du’n magsisimula lahat ng kabutihan sa gobyerno. Kapag bulok kasi ang halalan, bulok din ang mga opisyales na mahahalal. Lalo lang hihirap at gugulo ang bansa.

Makalipas ang ilang araw, nu’ng Rizal Day 2002, dineklara ni Gloria Arroyo na hindi na siya kakandidatong Presidente sa 2004. Aminado na siya ang pinagmumulan ng pagkakahati-hati ng bansa.

Hindi naglaon, tumalikod si Arroyo sa pangako. Ang ibang pulitiko, hindi dininig ang pagsusumamo ni Almonte na ayusin ang halalan. Na-appoint na mga Comelec officials sina Ben Abalos at Virgilio Garcillano. Ang kinahi­natnan: Ang 2004 election ang pinaka-marumi at madugo sa kasaysayan.

Pumutok ang Garci tapes nu’ng 2005. Hinadlangan ng House of Reps nang dalawang taon ang impeachment ni Arroyo dahil sa umano’y pandaraya sa halalan. Sa gitna ng gulo sa pulitika, hindi pa rin inasikaso ang paglilinis ng electoral system. Sa halalang 2007, lumala ang bilihan-bentahan ng boto sa presinto, at dagdag-bawas sa canvassing. Na-promote kasi ang mga tauhan ni Garcillano: Sina Rey Sumalipao at Lintang Bedol.

Ngayon binubuhay ni Sen. Panfilo Lacson ang Garci issue. Ewan kung ano ang pakay niya. Pero sana ang pagbubunyag ng mga nag-wiretap kay Garcillano, Arroyo at iba pa ay mauwi sa mga batas at patakaran para maging malinis ang susunod na halalan.

Ngayon pa lang, pumoporma na ang mga nais tumak­bong pagka-Presidente sa Mayo 2010. Sila sana ang mamuno sa kilusang pagbabago ng eleksiyon — ngayon pa lang bago maubos ang panahon.

* * *

Abangan: Sapol ni Jarius Bondoc, Sabado, 8 a.m., sa DWIZ (882-AM).

Wednesday, September 5, 2007

Beijing too must probe ZTE scam

GOTCHA By Jarius Bondoc, The Philippine Star, Wednesday, September 5, 2007

Bring your case to the proper forums, critics of the ZTE deal are told. One such forum is Congress. Since Rep. Carlos Padilla has linked Comelec chief Ben Abalos to the Chinese firm’s fishy contract, apt committees must now investigate, for legislation or prosecution. But from indications, there won’t be a deep probe. Malacañang has shushed Cabinet men who know about the needless, hurried, overpriced national broadband project. All executive branch officers who will be summoned by Congress will have to get presidential clearance to talk. And Abalos, who can sway any politico’s life, has dared congressmen if they really want to grill him.

Stumped, should the critics turn elsewhere, say, Beijing?

It’s timely to do so. Chinese authorities are cracking down hard on government and corporate corruption. The cleanup is part of China’s new branding. Top leaders are aiming for a fresh image that “Made in China” equals high quality. The 2008 Beijing Olympics and 2010 Shanghai World Expo will be the main showcases. So sleaze by Communist Party bigwigs and government bureaucrats, as by tycoons, is dealt with severely.

In April the Shanghai Party boss in charge of housing was detained for taking part in shady property deals. Days later the chief of Beijing’s university and techno-park district was detained on similar charges. This month last year no less than the powerful Shanghai Party chief was jailed for misusing pension funds. Harshest of all was the execution for bribery of China’s pharmaceutical licensing head. The Party has elevated the Central Disciplinary Inspection Commission to the charge of the Politburo’s sixth highest man. Government also formed in February a Corruption Prevention Bureau.

The crackdown has moved into state and private enterprises. The chairman of state-owned Sinopec, Asia’s largest oil and gas refiner, was sacked in June for corruption. So was the president of the State Grid, only a week before China’s power producer was to bid for management of RP’s Transmission Company. The 2004 death of dozens of infants from bogus milk formula; the discovery of toxic toothpaste, toys and seafood; and the millions of complaints about collapsing garden chairs, faulty space heaters and lethal necklaces has prompted authorities to impose stricter product tests and standards. Businesses are now required to register for regulation. International accounting rules are being adopted. Purchasing managers have been put under stern rules on accepting gifts.

The image retooling is far-reaching. Stung by worldwide censure for dirty factories and polluted waterways, Beijing leaders also have set new environment standards along with incentives for green technology. And the Party has begun to appoint respected non-members to head ministries like health and science.

In Manila, where dozens of Chinese firms operate and thousands of nationals work, the embassy enforces Beijing’s initiatives. Proof: its swift action on complaints about defective decorative lighting and formalin in candies. Surely, Beijing’s reps in the Philippines would not want a public outrage against ZTE Corp.’s scandalous dealings to disrupt China’s new branding.

Chinese executives, along with their Filipino partners, can complain to the embassy — or directly to Beijing — about ZTE’s apparent breaches of laws. (Abalos somehow admitted to one violation when he said ZTE paid for all expenses in at least four trips to Shenzhen last year.) Bringing the matter to top Chinese officials might stop the $330-million (P16-billion) telecom purchase from pushing through. It would save Filipinos from having to pay the amount for a project that experts said is unnecessary and competitive bids show is too much.

Two Chinese high officials are in town: Defense Minister Cao Gangchuan and Vice Chairman Jiang Zhenghua of the Standing Committee of the National People’s Congress. They can be approached.

Meanwhile, stockholders of the giant telecom maker can question their managers about events in Manila. The troubles seem to mimic similar deals in Mexico City, Burma, Indonesia and Liberia. Sleaze is not a good way to run a company that operates in over a hundred countries. Scandal must be avoided if listed in the Hong Kong and Shenzhen stock exchanges.

* * *

The opening of an NCLEX test center in Makati has two big benefits. Nurses no longer have to spend P50,000-P100,000 to travel to Hong Kong or Seoul to take the US licensure exam. More than the usual 10,000 Filipinos a year will be able to take it and get a chance to work in America.

What’s left to pay is the drive, flight or sail to the Trident Tower on 312 Sen. Gil Puyat Avenue, and the $350 exam fee. It’s convenient since tests are conducted Monday to Friday, by appointment.

Dante Ang asks, as bringer of the center to RP, that examinees refrain from memorizing questions and tipping off others. The US National Council of State Boards of Nursing might up and leave like it did from cities where copyright infringement was rampant.

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E-mail: jariusbondoc@workmail.com

Tuesday, September 4, 2007

Anong mangyayari sa ZTE scandal?

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Tuesday, September 4, 2007

MARAMI ang nagtatanong sa akin: Ano na ang mangya­yari sa usaping ZTE — ngayong matapang na isi­nang­kot ni Rep. Carlos Padilla si Comelec chairman Benjamin Abalos sa maruming kontrata, at umamin ang huli na hindi bababa sa apat na beses siyang nakipag-golf sa ZTE Corp. executives sa Shenzhen nitong nakara­ang taon? Ano ang kabuntot ng pagbunyag ni Finance Sec. Gary Teves na si Abalos nga ang naglapit sa kanila nina Transport-Communications Sec. Leandro Mendoza sa ZTE execs para pag-usapan ang national broadband network.

Siyempre, dapat magkaroon ng malalim at malinaw na inquiry ang House of Representatives. Arukin nila kung ano’ng mga batas ang dapat pasakan o ipasa para hindi na maulit ang pagyurak sa mga mahuhusay na kakom­petensiya na hindi nanunuhol, o ang pakikialam ng isang Comelec official sa trabaho ng ehekutibo, o ang pag-abuso ng executive agreements. Ika nga ni Rep. Pros­pero Nograles, kung may ginawang mali si Abalos, dapat siya i-impeach ng House at litisin ng Senate. Hinding-hindi dapat pagbayarin ang mamamayan nang $330 milyon (P16 bilyon) para sa isang kontratang itinatago sa kanila ng gobyerno. Hinding-hindi dapat umutang ang gobyerno nang walang paliwanag sa madla, tapos otoma­tikong babayaran ang taunang hulog miski pumalpak ang proyekto.

Ipagdasal nating umandar ding mabilis ang mga kaso sa korte. Kasi, hinabla ni Padilla ng graft sina Mendoza at DOTC Asecs. Elmer Soneja at Lorenzo Formoso at tat­long ZTE execs sa paglabag sa apat na batas: Build-Operate-Transfer Law, Procurement Reform Act, Tele­coms Policy Act, at Omnibus Election Code. Si Iloilo vice governor Rolex Suplico naman, pinahihinto sa Korte Suprema ang national broadband network contract ng ZTE hangga’t hindi ito naibubunyag na nirerepaso ng mga eksperto.

’Yung iba pang opisyales na may alam sa anomalya, sana maglakas-loob na ibunyag ang detalyes para mapa­rusahan ang mga may pakana. Tiyak natatakot sila sa maaaring sapiting pananakit at panggigipit. Pero maniwala sila, pinapanigan ng Diyos ang lumalaban para sa Katotohanan.

Monday, September 3, 2007

What next in ZTE’s ‘truth in trickles’?

GOTCHA By Jarius Bondoc, The Philippine Star, Monday, September 3, 2007

What happens to the ZTE issue —now that Rep. Carlos Padilla bravely has linked Comelec head Ben Abalos to the deal, and Abalos as boldly has admitted junketing four times to China on the firm’s expense? What next, after Finance Sec. Gary Teves confirmed Abalos’s making him discuss with ZTE Corp. execs the national broadband project, but then recanted the next day?

Going by Congress rules, three committees will inquire into the $330-million (P16-billion) deal. Those on information-communication technology and on electoral reform will study if new laws are needed. That on good government might urge legal action against the dealmakers. Depending on emerging evidence, others may join later. Abalos could even be impeached, according to Reps. Prospero Nograles and Ronaldo Zamora.

A frank probe could show overpricing. Two ZTE competitors decry the Department of Transport and Communications’ ignoring their much lower bids. That can be ascertained if the House orders the DOTC to reveal once and for all its findings on all the bids instead of hiding them. The propriety of the Comelec chief’s performing of executive functions, in entertaining ZTE Corp. as foreign investor, can be clarified. The admission of accepting all-expense-paid travels — a violation of the Code of Conduct for Public Officials — could be basis for impeachment.

Congress could expand its probe into related matters. It can study if the executive branch can keep on invoking “executive agreement” to avoid public biddings. Too, if a done deal with a foreign firm, followed only later by a government-to-government loan, can pass as “executive agreement” at all. Another item for study is what should take priority: a negotiated deal covered by executive confidentiality, or open bids under the Build-Operate-Transfer Law.

Needing both legislation and prosecution is the government’s breach of the Constitution’s transparency rule. There’s need to uphold public right to information. For months competitors asked the DOTC why the Chinese firm suddenly broke ahead of line in spite of their earlier submissions. They got no reply. Even the US embassy warned against undue haste and urged open bidding. Ignored. Six business groups called for the use of the P16 billion for more pressing needs like rural classrooms, clinics and wells. A seventh business group asked for at least a review. Silence. Mendoza went ahead and awarded the contract, then two months later said it was stolen and so cannot be shown. To this day the DOTC refuses to make public the broadband details, yet expects the people to pay for it. Law and litigation can spell out if government can invoke secrecy in contracting.

Padilla would need to call in Teves to testify. Begging details are the now supposedly separate meetings Teves had with ZTE execs — called by Abalos and Mendoza. Padilla also can subpoena the competitors to tell their stories. But he must himself expound on the item in his exposé — on ZTE’s Filipino rival being “asked to withdraw” its proposal. Indeed, who did the asking?

All this must be squeezed out, even if the truth in this ZTE story, as The STAR editorial last Saturday lamented, comes only in trickles. Slow is better than no truth at all, which is what would happen if Malacañang forbids executive officials from testifying.

* * *

Expect in the meantime defenders of the ZTE deal to obfuscate the issue. One fabrication is that Padilla and I connived for his explosive Wednesday speech. Truth is, until I interviewed him Saturday on my radio show (Sapol, DWIZ 882-AM), we hadn’t talked in years.

Ascribing all sorts of motives for my writings, pseudonymous hate-mailers play God in reading my heart. Among their lies is that I work for the CIA that supposedly backs ZTE’s American rival, or a distant in-law who co-owns the Filipino competitor, and even for the three giant telcos. All this follows the initial media harassment in attempting to link me to the alleged document theft (assuming there really was a theft). Newspaper ads by the moneyed ZTE against me are but the beginning of another round of attacks. Kickbackers of $200 million (P10 billion) think they can even get away with murder.

* * *

Expect more twists too. Already, two officials have been removed due to the ZTE exposés, and a graft investigator was sacked. Sources and investigative reporters have been bugged or stalked, or e-mails cloned. They pay the price for tenacity in bringing out the truth.

Let’s hope others who know about this scam also would speak up, for the sake of our abused country. It will be hard; the perpetrators may harm them. But they must tough it out. So to them I share again this Prayer for Courage:

“Dear God, give me courage, for perhaps I lack it more than anything else. I need courage before men against their threats and their seductions. I need courage to bear unkindness, mockery, contradiction; I need courage to fight against the devil, against terrors, troubles, temptations, attractions, darkness and false lights; against tears, depression and, above all, fear. I need Thy help, dear God. Strengthen me with Thy love and Thy grace. Console me with Thy blessed presence and grant me the courage to persevere until I am with Thee forever in heaven. Amen.” It always works.

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E-mail: jariusbondoc@workmail.com