Friday, August 31, 2007

Conflicting claims about ZTE deal

GOTCHA By Jarius Bondoc, The Philippine Star, Friday, August 31, 2007

ZTE was the hottest item on talk radio yesterday. Rep. Carlos Padilla the day before had linked Comelec chief Ben Abalos to the shady purchase from the Chinese firm of an exclusive government broadband network. He also had sued for graft Transportation-Communication Sec. Larry Mendoza for a useless but overpriced project. It took little prodding from radio show hosts for the three to amplify their stands on the $330-million (P16-billion) question. Somebody should have warned Abalos and Mendoza that their words can and will be used against them.

Take for instance the matter of the loan signed Saturday from China Eximbank to fund the ZTE supply contract. Interviewed by DZMM’s Ted Failon, Mendoza said the contract indeed rests on that loan, and so they’re working on the requisite approvals from the Monetary Board. But that’s just it, Padilla exclaimed when called after Mendoza’s phone patch ended. Quoting the law from his speech, he said any government loan needs “prior concurrence” by the highest fiscal agency. So why are they securing the clearance only now, after the fact?

Mendoza also said they chose ZTE Corp. of Shenzhen because two competitors with lower bids couldn’t show proof of financial capability. Again that’s just it, Padilla retorted. Make all the competing bid documents public so that experts can say for sure who’s the best. He could have added that the American bidder was to be backed by the US Eximbank, and the Filipino by Huawei Corp., China’s biggest telecoms maker.

Abalos admitted to DZBB’s Ali Sotto and Arnold Clavio that he did go to Shenzhen at least thrice in recent months to play golf with ZTE execs. He had met them through his importer-daughter, and they were discussing investments to develop Mindanao. “Is that a crime?” he intoned. Padilla in turn asked why the Comelec chief would be talking with ZTE when it was already controversial. The Black-and-White Movement for transparency fired off a press statement that during the recent campaign, “the Comelec official should have been busy working to give us the honest and orderly elections we deserve, not running around China.” Can a Comelec officer be doing the job of the executive branch?

The ZTE deal was signed Apr. 21, so Abalos was asked about the illegality of awarding government contracts during the election period — unless there’s a Comelec waiver. The election chief said there was no such waiver. He hastened to add that what was signed was a memorandum of agreement, not a contract (as Mendoza insists).

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Judge Filemon Montenegro sent a reaction to my piece on Naga City Hall being evicted from the land it has occupied for decades (Gotcha, 13 Aug. 2007). He refutes the sworn assertions of witness Ricardo Mejorado to his alleged meeting with a litigant in a Camarines Sur seaside resort. Also, with the insistence of Mayor Jesse Robredo that the land had been donated to the city government. Edited to fit this space:

“Mejorado was a fugitive from justice and while he was hiding in Butuan City, Mayor Robredo admitted in his testimony before Justice Regalado Maambong of the Court of Appeals that he personally went to Butuan for the sole purpose of letting Mejorado sign a prepared sworn statement against me. Robredo admitted he gave Mejorado money. Is this not harboring a criminal? Mejorado retracted his earlier Robredo’s instigated affidavit.

“Mejorado was convicted of bigamy in my sala and Robredo was the wedding sponsor in the bigamous marriage.

“The matters you published violate the rule on sub judice. Simply stated, the public shall not discuss matters in public that are pending before a court. Your article further violates the rule on confidentiality of administrative matters that are pending before the Supreme Court, such as the case filed by Robredo against me. This is for the Court to have a free uninfluenced and unbiased determination of plausible ground to discipline a judge. The proceeding is confidential because the administration of justice is involved and the respondent refers to no ordinary person. I have not yet presented evidence in my defense because Robredo thru his counsel has yet to submit his formal offer of evidence.

“I am attaching the decision in Civil Case 2005-0030, entitled Heirs of Jose Mariano et al. versus City of Naga which explained in detail why the City of Naga lost. It lost because it has no evidence to support its claim of ownership particularly the deed of donation. What was presented by the City of Naga was an unsigned deed of donation. This alleged deed was not even annotated in the title of TCT 671. Further the Clerk of Court of Manila issued a certification that no copy of the said deed of donation was ever submitted to their office by the notary public commissioned by their court. The Records Management and Archives Office also certified that no copy is on file. How could Robredo therefore allege that the deed was lost?

“I am also attaching a copy of the Report and Recommendation of the Supreme Court administrator dated May 24, 2006 detailing why the administrative complained filed by Robredo against me was recommended for dismissal. The affidavit and issue regarding Mejorado was explained point by point by the Court administrator. The recommendation was the basis of the en banc decision date June 27, 2006.”

The decision was to dismiss and terminate the case.

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E-mail: jariusbondoc@workmail.com

AFP natatalo na ba?

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Friday, August 31, 2007

NABABAHALA ang madla sa nangyayari sa kanilang Sandatahang Lakas. Nang ambushin ng MILF ang Marines nu’ng July 10 sa Albarka, Basilan, 14 ang patay at siyam ang sugatan. Dalawang beses din tinambangan ng Abu Sayyaf ang Army nu’ng Aug. 6 sa Indanan, Sulu, at 27 ang patay sa loob ng maghapon. At nang Marines naman ang lumusob nu’ng Aug. 11 sa kuta ang Abu Sayyaf sa Basilan, 15 ang sawi, kabi­ lang ang limang tinyenteng bagong graduate pa lang sa Philippine Military Academy. Natatalo na ba ang AFP sa mga rebeldeng Moro at teroristang Islamista?

“Hindi lumakas ang kalaban,” ani retired Army Lt. Gen. Romeo Dominguez sa Association of Generals and Flag Officers, “nanlupaypay lang ang AFP.” At bilang dating hepe ng Task Force Comet sa Western Mindanao at ng Northern Luzon Command, ipinunto niya kung bakit:

• Mahinang pamumuno. Batay sa ulat, hilo ang mga sun­ dalo; walang iisang kumander na kumukumpas, o operational center na nagmamasid. Iba-iba ang bersiyon sa mga naganap; nagbintangan pa ang mga pinuno sa isa’t-isa. At walang ma­bilisang pagtugis sa mga natitirang kalaban. Isipin pa na may mga heneral na puro lang pa-pogi, pa-golf o pa-shoot fest — imbis na patatagin ang team spirit, at galing ng unit sa pagbaril at maneuver, at pagsanay sa combat at taktika ng kalaban.

• Kulang sa training. Halata sa mga insidente na naka­limutan na ng mga units ang training nila. Lumiliit na ang military camps kaya hindi magamit sa pagsa­sanay sa battlefield situations. Ni hindi sanay ang mga sundalo sa uri ng giyera na ginagawa ng kalaban. Baka ni hindi buo ang suporta ng mga nasa likod para sa nasa frontline.

• Maling kagamitan. Napaulat na hindi magkausap sa radyo ang nasa chopper at nasa lupa. Dalawang taon nang isyu na ang interoperability ng isinasakay noon ng mga ground troops ang radio men sa helicopter para matiyak ang komu­nikasyon. Hindi raw pumutok ang bala ng mortars; aba’y kelan lang may anomalya sa pagbili sa bala ng 105mm Howitzer. Nagmama­kaawa ang battalion commanders para sa dagdag-tao at gamit. Kapos ang budget, sagot sa kanila ng GHQ, sabay buhos ng pera sa mga “special project”, tulad ng pagpipinta ng gusali, ng magreretirong heneral.

Wednesday, August 29, 2007

Chinese loan caps sneaky ZTE deal

GOTCHA By Jarius Bondoc, The Philippine Star, Wednesday, August 29, 2007

On the sly the government signed last weekend a loan from China to fund the purchase of broadband gadgets from Chinese ZTE Corp. It was a final act of sneakiness to ram a project of dubious use and costing. Filipinos will now have to pay 20 long years $330 million (P16 billion) for something that was hidden from them.

The loan signing was made with no prior public notice. Only now is info surfacing that staff from China Export-Import Bank arrived two weeks ago to review various loan bids of the Philippine government. ZTE veep Yu Yong and finance woman Fang Yang also flew in Friday afternoon to lobby for insertion of the $330 million in the 2007-2008 loan package. Minister of Commerce Bo XiLai then arrived Saturday to approve $1.8 billion in all, including an excessive $400 million for ZTE’s broadband network.

Even the bigger amount now raises questions. Trade Sec. Peter Favila could only say it was China’s wish to help. Finance Secretary Gary Teves and Transport Sec. Larry Mendoza were tight lipped. Sectors questioning the purchase are now wondering if ZTE’s tag price has risen again — from $262 million during talks with transport officials in Feb. to $330 million for the Apr. supply contract signing in Hainan.

Mr. Bo was said to be looking forward to seeing again Economic Sec. Romulo Neri, but learned he had been replaced only last month. Neri’s fall from the Cabinet had to do with his resisting the ZTE deal, according to ex-congressman Rolex Suplico who petitioned the Supreme Court to stop it.

Fast breaks marked the ZTE deal from the start. In a Cabinet meeting in Nov. President Arroyo had told Neri and technology chief Ramon Sales she wanted the broadband project done by Build-Operate-Transfer. That way, there would be no cost to government and no loan would have to be taken out. Still, DOTC officials signed a purchase deal, with a Chinese loan at a hefty 4-percent interest and a sovereign guarantee to repay at all costs.

Two bids came ahead of ZTE’s to build the telecoms setup for much less or no cost to government. Yet when ZTE offered $262 million in Feb., it got the DOTC’s ear. Arescom of USA and Nasdaq-listed Wireless Facilities Inc. cried that their $135-million tag was ignored. US Ambassador Kristie Kenney wrote Neri on Apr. 20 to caution against undue haste. The next day Mendoza and Yu signed the deal in China, with Arroyo witnessing. There was no explanation why ZTE’s price rose from $262 million to $330 million. There was no explanation of what the network was for to begin with.

Businessmen and competitors were stunned. Six groups called for abrogation of the deal: Management Association of the Philippines, Finance Executives’ Institute, Foundation for Economic Freedom, Makati Business Club, Bishops-Businessmen’s Conference, and Action for Economic Reform. The Phil. Chamber of Commerce and Industry asked for at least a review. Like what happened to ZTE competitors, all were ignored by the DOTC. Pressed for a copy of the contract during a forum in June, DOTC deputy Lorenzo Formoso claimed the only two copies were stolen in a hotel room hours after the signing.

But not to worry, Formoso said, they had reconstituted the papers, so available to interested parties. The competitors and business groups wrote DOTC for copies. They got no reply within the required 15 days. More than a month later, DOTC said in a newspaper ad that copies for the contract, for which three generations of Filipinos will pay, is confidential.

ZTE and Filipino lobbyists have always employed slyness because the project appears indefensible. Not only was Arroyo’s desire for B-O-T disregarded, but also the Telecoms Policy Act of 1995. That law requires the government to relinquish the industry to the private sector for competitive improvement. But the ZTE deal would require government to operate and maintain the broadband system and even allot annual budgets for it.

Professors Emmanuel de Dios and Raul Fabella of the UP School of Economics said the government would only botch up the job of running a huge telecoms system. After all, it had failed to run three smaller versions, for which billions of pesos also were wasted. The two economists also debunked the DOTC’s claims that government would save in the long run from its annual telephone and Internet bill of P4 billion. They showed that government would spend P5 billion more overall during the 20-year loan period.

Mr. Bo’s loan signing comes in the midst of mounting opposition to the ZTE deal among senators and congressmen. Ironically, the minister had warned Chinese enterprises in a Dec. speech in Beijing to take precautions against economic, political and security risks as they step up overseas investments. Rep. Carlos Padilla said upon learning of the contract signing that “Minister Bo XiLai would be violating his own warning if he does not move to avoid being embroiled in legal and political troubles here in the Philippines.” He said Bo should await the resolution of the Supreme Court case before making any move about the broadband controversy.

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E-mail: jariusbondoc@workmail.com

Tuesday, August 28, 2007

NAIA-3: Patuloy na anomalya

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Tuesday, August 28, 2007

MUNTIK nang matalo ang gobyerno — at pagbayarin ng $425 milyon — sa reklamo ng Fraport sa World Bank sa Washington. Ito’y dahil taliwas ang kilos ng Dept. of Justice kaysa interes ng bansa. Iginiit ng mga abogado ng gobyerno sa Washington na hindi dapat maghabol ang Fraport sa NAIA-3 dahil nilabag nito ang Anti-Dummy Law ng Pilipinas sa pagbili sa Piatco. Pero sa Maynila, dinismis ng DOJ ang lantarang pagkontrol ng Fraport sa 61.44% ng Piatco, gayong hanggang 40% lang puwede ang dayuhan sa public utilities. Tinanggap ng international arbitrators ang ebidensiya ng Pilipinas, pero ibinasura ito ng magaling na Sec. Raul Gonzalez.

Nanggulo si Gonzalez nung Disyembre 2006. Nu’n din inutos ng korte sa gobyerno na mag-down payment sa Piatco-Fraport ng P3 bilyon habang kinukuwenta pa kung magkano ang kabuoang ibabayad dahil sa expropriation ng NAIA-3. Hindi naman dapat in-expropriate ang NAIA-3 dahil voided ng Korte Suprema ang NAIA-3 contract; dapat kinumpiska dahil walang kotrata mula’t-sapol. Kaya hayun, pinagbayad tuloy nang P3 bilyon antisipo ang gobyerno. Pero, ayon sa mga may kinalaman sa kaso, kalahati lang ng P3 bilyon ang napunta sa Piatco-Fraport. Ibinulsa ang balanse ng isang taong mahilig kumikbak sa malalaking deal.

Tatlong administrasyon na ang nangurakot sa NAIA-3. Termino ni Ramos nang paspasang in-award ang kontrata sa Piatco. Panahon ni Erap nang ilegal na binago ang kontrata, at nagpartner ang Piatco-Fraport nang labag sa Anti-Dummy Law. At panahon ni Arroyo nang baguhin pa muli ang kontrata para lalong pumabor sa Piatco-Fraport. Itinalaga pa nga ng Piatco-Fraport ang bagman na Alfonso Liongson nu’ng Abril 2001 para taga-abot nang milyon-miltong dolyares na suhol sa kung sino-sinong Arroyo officials.

Hangga ngayon kinikikilan pa rin ang Piatco-Fraport at Takenaka Corp. na general contractor. Inanunsiyo na ang NAIA-3 ay guguho sa lindol na Intensity 6 lang, para takutin ang Takenaka na ieetsa-puwera na sila sa pagtapos ng NAIA-3 construction. Hayon, bumigay!

Monday, August 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.

ZTE deal conceived in hotel ‘sexcapades’

GOTCHA By Jarius Bondoc, The Philippine Star, Monday, August 27, 2007

Filipinos are so morally degenerate that they sell their votes, Comelec chairman Benjamin Abalos laments. He could be right.

But can anyone be more degenerate than a high Comelec official who lobbied for the ZTE deal for sex and money? As morality expert, Abalos can judge. That Chinese sale of an exclusive broadband setup for the Philippine government is of dubious need. Yet it would force Filipinos to pay $330 million for 20 years at 4-percent interest — to enrich instantly the Comelec official and his cohorts.

The Comelec official was in Shenzhen at least eight times from Sept. 2006 to Feb. 2007. He flew to that southern China city all expenses paid by ZTE Corp., China’s third largest telecoms maker owned 50 percent by generals. ZTE’s headquarters is in Shenzhen’s Nanshan district, close to the flashiest hotels, restaurants and fairways.

The official enjoyed debauchery, but he covered it. In most trips, he first flew with his wife to Hong Kong. Leaving her to shop, he would then proceed by first-class train to Shenzhen. There, ZTE executives met him each time with gifts: two women, one for the day, the other for the night. He would take the women along to their golf games, meetings and cocktail-dinners, as if bragging of his sexual prowess.

ZTE execs feted the Comelec man like a king, for they needed something big from him. The firm had gotten wind of RP’s national broadband network and wanted to bag it. There were just two pesky little problems — two competitors with superior bids. But ZTE knew how to prevail in Philippine government contracting. That’s precisely why it befriended the high Comelec official. ZTE’s business style is to zip into a third world country with lots of money, looking for the most influential state official to buy off. In the NBN case, it was a man whom politicians from both the administration and the opposition would consider king during the election campaign.

The ZTE deal was conceived during “sexcapades” in high-class hotel rooms. Between “naps” of the Comelec official with the gift-woman of the moment, ZTE execs would discuss with him the delicate matter of project pricing. The first price broached was $262 million, a figure that the official tossed around his cohorts in Manila, and from which they stood to get $130 million in kickback. It did not matter that ZTE competitors were offering much less; bribery would be the key to get other officials cooperating. So for good measure, they upped the price to $330 million, with the kickback rising to $198 million. Quickly they shook on it, for the Comelec official was in a hurry to get back to his Chinese moll. At one point, an aide kidded him about his “stamina in bed.” Whereupon, the official pulled out of his pocket the secret of his “staying power”: long red pills billed as the Chinese version of Viagra. Warned of its harmful cardiac side effects, he just chuckled.

Mood swings marked the Shenzhen sorties. One meeting on Dec. 27 was particularly heated. The Comelec man wanted his share of the loot paid fully and in advance, and pounded his fist on the table to stress his point. Fang Yang, the female finance officer, just as adamantly stressed that they needed to see something in exchange for the $3 million they already had given him then. Another time, the hotel drinking spree of ZTE execs, the Comelec official and their dates simply got wild. Guests complained of the racket the official caused chasing his moll down the corridor.

Unknown to the Comelec man, expatriates working in Manila had spotted him in Shenzhen. Chinese competitors of ZTE too have complained to Beijing of its unfair means of bagging contracts. And Filipinos also saw him golfing and meeting with communications bureaucrats in Manila.

Incidentally, Ms Fang presently is in Manila for a make-or-break meeting with Beijing and Philippine officials. Yu Yong, the ZTE vice president who signed the stolen-but-reconstituted-but-secret contract with the Dept. of Transportation and Communications on Apr. 21 in Hainan, flew in with her Friday night. They were to negotiate Sunday with visiting Chinese Minister of Commerce Bo XiLai and Philippine finance managers the inclusion of the $330 million in Beijing’s priorities for lending.

Did Ms Fang meet with the Comelec official during the weekend? It’s said that she already had released another $2 million to him in May, and is about to deliver more.

And so Abalos may wish to determine which between vote selling or selling the country blind is more degenerate. Meanwhile, the ZTE contract was signed in Apr. at the height of the election period, when government officials are forbidden from awarding supply or construction projects. Does Abalos have an opinion at least on that?

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E-mail: jariusbondoc@workmail.com


Friday, August 24, 2007

Konsiyensiya ang sundin, hindi ang giit ng obispo

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Friday, August 24, 2007

AKO’Y Kotoliko sarado, miyembro ng Familia Bible-based charismatic prayer group. May buwanang booklet kami, guide sa pang-araw-araw na pagdadasal batay sa Bibliya. Tinigilan kong basahin ito nang, isang araw, ipinahayag du’n na lahat ng naglalayon ng birth control ay mga kampon ni Satanas. Kesyo ang turo raw kasi ng Diyos ay humayo tayo at magparami, at kasalanan ang pagplano ng pagdami ng anak.

Kabuktutan ang interpretasyon na ‘yon. Kabalbalan ang pananaw na ang birth control ay abortion o pagpatay ng sanggol. Kahunghangan ang pagsabing magparami tayo nang magparami, miski lugmok sa kahirapan kaya napapa­bayaan ang mga anak at ina.

Malinaw ang statistics. Ang mahihirap, na nabubuhay sa P100 kada araw lamang, ay mas maraming anak. Dahil ito sa kawalan ng pondo para turuan sila ng family planning at bigyan ng murang gamot o gamit para rito. Humi­hina ang mga ina at sanggol dahil buntis taon-taon si misis, imbis na makapag-hanapbuhay o maalagaan nang husto ang bunso. Imbis na makahulagpos sila sa karuk­haan, ipinamamana pa nila ito sa mga anak.

Nilalabanan ng mga Katolikong obispo ang kahit anong paraan ng family planning — maliban lang sa “natural methods”. Lahat ng natural ay kailangan ng pag-abstain sa sex o pag-sex tuwing infertile ang misis batay sa menstrual cycle. Opisyal na paninindigan ito. Pero hindi ito infallible doctrine. May matitinding theologians na sumasalungat dito.

Anang ibang cardinals, puwede rin ang artificial methods, tulad ng pills o condoms, ligation o vasectomy — basta safe at hindi nakaka-abort. Inulat ni Jesuit Fr. Ruben Tanseco sa Philippine STAR nu’ng 2004 na palpak ang natural methods sa Pilipinas miski ilang dekada nang iginigiit, kaya luma­lala ang kahirapan. Marami na ngang wala ang mahi­hirap, tapos pagbabawalan pa mag-sex ang mag-asawa kung kelan nila nais.

Ayon sa Second Vatican Council, nasa sa mag-asawa na ‘yon kung natural o artificial method ang pipiliin — basta’t batay sa informed at responsible conscience. Samakatuwid, hindi kasalanan ang konting anak.