Friday, February 29, 2008

Was down payment released to ZTE?

GOTCHA, Published in The Philippine Star, Friday, February 29, 2008

Many Catholics regard their bishops’ statement too weak on the ZTE scam and attendant admin attempts to silence whistleblowers. Angrier ones are resorting to church protests. E-mail is spreading to not give to Offertory collections during Mass in dioceses where bishops are perceived to be pro-Gloria Macapagal Arroyo.

The discontent stems from a misconception of the bishops’ role in the two People Power revolts of 1986 and 2001. Manilans wrongly think that all bishops called for the ouster then of despot Ferdinand Marcos and grafter Joseph Estrada. In truth only Cardinal Jaime Sin and his auxiliaries in the then-gigantic Archdiocese of Manila (now cut up into four) led the street protests. And only a few other bishops elsewhere supported them. The rest of the prelates then, as now, steered clear of the political act of calling for a President’s resignation.

* * *

At any rate, today’s bishops do come around to seeking something political — the repeal of Arroyo’s Executive Order 464. For them the order, which requires executive officials to seek the President’s written consent to appear in any congressional inquiry, is a bar to the truth. Search for freeing truth is the moral bar that bishops crossed into politics. They believe that if unfettered by E.O. 464, Sec. Romy Neri and more may speak freely about the ZTE scam and other anomalous Chinese projects.

Malacañang is set to ditch the order to appease the bishops. But it will be an empty victory for the latter. For, even without E.O. 464, Arroyo can still compel her Cabinet members to raise “executive privilege” to keep mum about everything. “Executive privilege” is a constitutional right of the President and her subordinates. It is what Neri invoked in the Senate last Sept. to avoid disclosing what Arroyo told him after he reported to her a P200-million bribe offer. “Executive privilege” is what the Supreme Court will define on Mar. 4, in Neri’s constitutional question if the Senate can compel him to break it.

* * *

Common sense tells us that executive privilege cannot be used to cover up crime. Too, that it cannot be invoked if it comes into conflict with the people’s right to know matters that concern them directly.

For instance, Malacañang cannot hide behind executive privilege if the question is asked: has the government paid any down payment to ZTE?

This query stems from a pesky Article 8 of the DOTC-ZTE contract of Apr. 21, 2007. It stipulates that a 15-percent down payment is to be made “within ten days from contract effectivity.” And since the contract is worth $329.48 million, that 15-percent down payment is all of $49.4 million.

From the context and wording, that amount was to come from the DOTC, and not from a forthcoming loan from China Export-Import Bank. Official development assistance customarily treats down payments as the contracting government’s counterpart funding for a project. This is to ensure that only bona fide clients get the loans. And so the DOTC must answer: has it paid ZTE $49.4 million?

If so, the deal was consummated before Arroyo announced its scrapping in Sept. Incidentally, Malacañang has yet to show any document as proof of that cancellation.

* * *

The $49.4-million down payment glares all the more in light of Dante Madriaga’s testimony at the Senate. The former ZTE technical consultant revealed that the Chinese firm released $41 million in three parts to its Filipino lobbyists. The first $1 million supposedly came in Aug. 2006, as representation allowance. The next $10 million came in Mar. 2007, after Neri’s NEDA endorsed the ZTE project. A final tranche of $30 million came after the contract signing on Apr. 21, 2007. Madriaga swore that the First Couple got half of each release. The lobbyists would have received another $5 million, making it a total of $46 million, had they gotten Joey de Venecia III to back off as competitor.

The figures $41 million and $46 million are too close for comfort to the $49.4-million down payment required by ZTE. The latter figure begins to look like a reimbursement for what Madriaga called “advances”.

ZTE of course denies having bribed any Filipino official. But it did incur huge expenses in preparing financial papers and engineering designs, and presenting these to the Philippine government in five-star hotels and first-class diners. Yet ZTE today has not claimed damages from the contract cancellation. Could it be because the government already paid $49.4 million in taxpayers’ money?

Executive privilege cannot bar Malacañang from answering that basic question of public interest.

* * *

E-mail: jariusbondoc@workmail.com

DOJ pambambo sa tumutuligsa

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Friday, February 29, 2008

SADYA bang baliktad na ang mundo? Ito ang tanong ni ZTE scam witness Jun Lozada sa sarili nang usisain din siya ng bunsong anak: “Dad, kung hero ka dahil sa katapangan mong ibunyag ang kasakiman sa ZTE deal, bakit tayo ang nagtatago (dito sa La Salle Greenhills)?”

Aba’y baliktad na talaga ang mundo. Masdan ang Department of Justice, sa pagsigaw ni Lozada na kinid-nap siya ng mga di-kilalang armadong lalaki sa airport nang umuwi nu’ng Feb. 5. Ihahabla raw siya ng DOJ ng perjury (pagbubulaan habang nakasumpa) dahil pina­niniwalaan nito ang bulol-bulol na kuwento nina Gen. Angel Atutubo at Col. Paul Mascariñas na inikot lang nila sa Laguna si Lozada bilang pag-secure sa kanya.

Kakasuhan din daw ng DOJ ang asawa ni Lozada na si Violeta, dahil sa pag-file nito ng writ of habeas corpus nu’ng Feb. 6 miski nagkita na silang mag-asawa nu’ng gabi ng Feb. 5. Ni hindi pinansin ang sinumpaang salaysay nila Lozada at ng pari sa La Salle na sinundo pa uli ni Mas­cariñas ang witness nu’ng Feb. 6 para dalhin sa di-sinabing lugar.

Kakasuhan pa rin ng DOJ si Lozada nang graft dahil sa mga inamin nitong katiwalian sa Senate inquiry. Pero ni hindi pinapansin ng DOJ ang mga testimonya at ebidensya ng pangungulimbat sa ZTE deal na lumabas noon pang 2007.

Pati si Sec. Romy Neri kakasuhan din ng DOJ dahil sa paglabag umano sa executive privilege nang ikuwento sa Senado ang mga pinag-usapan nila ni President Gloria Macapagal-Arroyo tungkol sa deal. Ang katawa-tawa dito, e executive privilege din ang ihinihirit ni Neri para ilihim sa Senado ang mga pinag-usapan nila.

Naging taliwas sa hustisya ang kilos ng DOJ dahil sa pinuno nitong si Sec. Raul Gonzalez. Hindi basta partisano ni GMA si Gonzalez; binabali pa niya ang batas para lang pagtakpan ang katiwalian sa Arroyo admin.

Ang tanong: Tatahimik na lang ba ang mga matitinik na abogado’t abogada sa DOJ sa paglulubog sa kanilang lahat ng isang partisanong bumabali sa batas? Kung oo, aba’y parang kasabwat na sila ni Gonzalez.

Wednesday, February 27, 2008

Inconsistencies in GMA version

GOTCHA, Published in The Philippine Star, Wednesday, February 27, 2008

Gloria Macapagal Arroyo says she learned of sleaze in the ZTE deal only the night before the Apr. 21, 2007 signing. Hmm, that’s strange. Sec. Romy Neri swore that Ben Abalos as far back as January had offered him P200 million just to back the deal, and that he reported the bribery at once to her. Joey de Venecia and Jun Lozada somehow corroborated it. Joey testified at the Senate that the P200 million came after he himself had rejected a $10-million offer from Abalos. Lozada said he stopped working on the deal on Jan. 18, and by then he had learned of Neri’s reporting the P200 million to Arroyo. Why, even Abalos somehow confirmed the date in admitting he did golf with Neri sometime then — not on the eve of the signing.

Arroyo says she went on with the signing in Boao lest she embarrass China as an ally. Hmm, queer too. She had no Chinese state counterpart in that event — not the President, or the Prime Minister, or even just the ambassador. Arroyo not only breached protocol in witnessing the signing, but also left a very sick husband for a deal she knew to be dirty. Two days prior she canceled a Chinese loan for police housing at the last minute, just to accommodate the ZTE deal, with no regard for Chinese feelings.

Assuming the President did learn of the signing too late, there still are many inconsistencies in her story. Like, why did she cancel the onerous deal only after five months on Sept. 22, instead of pronto to fulfill her sworn duty as President? Did she forget her oath of office, to wit: “I do solemnly swear that I will faithfully and conscientiously fulfill my duties as President of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation”?

And between the signing and canceling, why did she not order an investigation of the fraud? Why instead did she let Sec. Larry Mendoza and Asec. Lorenzo Formoso and Elmer Soñeja spend government money in ads to claim that it’s clean? Why did she let them lie in the Senate? Why did she let Neri invoke her E.O. 464 on executive privilege, when there was a scam to unravel? Why did she let Secs. Ed Ermita and Ignacio Bunye call the Senate investigations on the anomaly mere “political noise”? Why did she let Secs. Peter Favila, Gary Teves and Sergio Apostol mislead the public that the contract is only a memo of agreement, an executive understanding, and whatever else, as coverup? Indeed, why has she not fired them for lying?

Why has Arroyo not protected Lozada, who was well publicized to know about the sleaze that she too supposedly knew since April? Why has she not ordered the prosecution of airport officers Angel Atutubo and Octavio Lina, police Col. Paul Mascariñas, and agent Roger Valeroso for kidnapping Lozada? Why has she not brought charges against Malacañang official Manuel Gaite, Sec. Lito Atienza, former chief of staff Mike Defensor, and lawyer Antonio Bautista for attempting to silence Lozada?

In the same manner, why has she not declared corruptor ZTE Corp. of China persona non grata for breaking Philippine laws and insulting the Senate? Why did she not admit knowledge of ZTE graft early enough, and so avoid wasting the Supreme Court’s time in determining, from a suit by Rolex Suplico, that it was anomalous?

Why did she not ask China for help in getting to the bottom of the anomaly, since that ally is bound by international laws to help prosecute corruptors? Why did her admin proceed to sign in Aug. the loan that would cover the $330-million ZTE deal? Why did she rescind it only after the Senate had begun an investigation of the scam, and the Supreme Court had restrained its enforcement?

If there was sleaze in the contract, why did she let her congressmen-sons bring down her closest ally Speaker Joe de Venecia, who couldn’t stop his son Joey from exposing the scam? Why does she not stop Justice Sec. Raul Gonzalez’s fishing expedition, disguised as a fact-finding with no legal basis, whose sole aim is to find out how they can sue Lozada?

Indeed if there was sleaze, why doesn’t Arroyo tell the whole truth instead of a calculatedly cryptic story?

* * *

E-mail: jariusbondoc@workmail.com

Tuesday, February 26, 2008

Nababaliw sa pagpapalusot

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Tuesday, February 26, 2008

SINUMANG nais wasakin ng mga diyoso, sinisira muna nila ang ulo. At baliw na nga ang Arroyo admin, kung ang pagbabatayan ay ang mga kilos at salita nito sa $200-milyong kickback sa $330-milyong ZTE deal.

Biruin mo, tinawag pala ni Sec. Romy Neri na evil ang amo niyang President Gloria Macapagal Arroyo. Hindi niya diretsang maitanggi ang pagbubunyag ng kaibigan niyang state witness na si Jun Lozada. Sabi na lang niya na hindi niya maalalang sabihin ‘yon sa miting nu’ng Dec. 7 kay Senators Ping Lacson at Jamby Madrigal. Pero ang mas kabaliwan ay nang mag-”unity walk” kinabu­kasan ang Gabinete para magpakita ng pakikiisa sa bina­batikos na GMA. Ipinagtabi pa ng direktor ng eksena sina GMA at Neri, na nag-isnaban naman. Tanong tuloy ng madla: Sino sa dalawa ang naniniwala sa pangaral ni Sun Tzu na “ilapit sa sarili ang mga kaibigan at mas ma­lapit ang mga kaaway.”

Kinabukasan pa uli, ibinunyag ni Gina de Venecia, asawa ni dating-Speaker Joe, na ilang beses na nga sinabi ni Neri sa kanilang mag-asawa na evil nga si GMA. Hindi na ito sinagot ni Neri, kasi parang anak ang trato sa kanya nina Joe at Gina. Silence is guilt, ika nga.

Kasabay nu’n nag-lecture si presidential economic adviser (Albay Gov.) Joey Salceda sa Ateneo at sinabing: “Bitch nga si Arroyo pero pinaka-masuwerteng bitch siya sa lahat.” E meron palang TV camera na nakunan ang lahat. Nabisto tuloy ang pananaw kay GMA ng mga tauhan niya.

Nag-apologize umano si Salceda, perong walang kibo lang si GMA. Hindi pa alam kung ano ang gagawin ng mga anak ni GMA na Reps. Mikey at Dato Arroyo. Kasi nga naman, kung bitch ang nanay nila, hindi maganda ang maaring itawag sa dalawang sons. Maaalalang sina Mikey at Dato ang namuno sa pagpapatalsik kay Joe de Venecia sa Speakership dahil sa pagsangkot ng anak nitong si Joey kay First Gentleman Mike Arroyo sa ZTE scam. Bwahahaha!

Monday, February 25, 2008

Enough proof of fraud to jail ZTE contractors

GOTCHA , Published in The Philippine Star, Monday, February 25, 2008

This week senators will probe further Malacañang’s efforts to silence ZTE-scam witness Jun Lozada, including a P500,000 gift from top official. A sidelight would be affirmations by two senators’ aides that Sec. Romy Neri did call his President Gloria Arroyo evil thrice during a meeting in Dec. All dramatic stuff, fit for live TV coverage. But after that senators would have to comb tediously the details of the $330-million telecom contract to see where the $200-million overpricing is. And then, after reviewing similar Chinese-funded projects, they need to study the big picture of why China became so generous when Malacañang acceded to joint exploration of the Spratlys and even the country’s continental shelf.

Already whistleblower Joey de Venecia has submitted an analysis of ZTE Corp.’s prices for Equipment, $194,051,628, and Services, $135,429,313. Citing open industry figures, he swore that Equipment should be only $96,078,246, and Services, $36,733,786. In effect, there was overpricing of $196,668,909, that is $329,480,941 minus $132,812,032 (Gotcha, 23 Jan. 2008). From outside the Senate halls, ZTE protested de Venecia’s figures, but refused to sit in the hearings it called a “political circus.” It also went on invoking confidentiality of proprietary information in hiding the details that the Filipino people would have had to pay. Unfortunately for the Chinese firm, senators already gave out copies to media outlets, which in turn posted these in websites.

If a confidential source of mine finally finds courage to testify, worse overpricing will unravel. He was a technical man of the Filipino lobbyists for ZTE, so was privy to the specifications and unit costs. From his files he has recalled only $69,083,643 for Equipment and $29,498,000 for Services, for a total of $98,581,643 (Gotcha, 28 Jan. 2008). So the overpricing in the final contract was $230,899,298; or $329,480,941 minus $98,581,643. The source also has a lot to say about how much the lobbyists got from ZTE bribers from late 2006 to early 2007, in effect showing consummated graft.

Still another source, also in telecoms, showed how at least one item in Equipment was overpriced (Gotcha, 18 Feb. 2008). He must stay anonymous for now because of a quaint relationship to an official linked to the contract. But he zeroed in on ZTE’s price of $1,784 for 25,844 WiMax subscriber units, for a total of $46,107,524. This is for BreezeMAX PRO CPE Outdoor Radio Unit, made by Israel’s Alvarion, a leading maker of WiMax solutions. The source pointed out that a leading competing brand, Proxim Tsunami MP.16 3500 Subscriber Station with Integrated 18 dBi Panel Antenna, could be ordered online for $579.99 apiece. (Senators may check out the link: http://www.wirelessnetworkproducts.com/index.asp?PageAction=VIEWPROD&ProdID=1404). Using the competitive price of $580 and assuming that ZTE doubled it for profit (100-percent markup in telecoms very rare in highly competitive IT industry), the source found overpricing of $16 million in the hardware. He unearthed another sting of $19 million in installation, testing and commissioning of the WiMax gadgets. This, from ZTE’S price of $1,000 for each of the 25,844 sites, or $25,844,000s, when the going rate is only $250 tops per location, or a total of $6.5 million for 25,844 locations.

Still one more telecom source since Apr. (the one whose e-mail vile eavesdroppers had cloned), researched the Alvarion model stated in ZTE’s annexes. He noted that it is vintage 2004. Meaning, it does not capable of beaming signals up to 30 kilometers, contrary to claims of USec Lorenzo Formoso at the Senate. Moreover, the same model is not optimized to carry Voice over Internet Protocol (VoIP) traffic, again contrary to Formoso’s blabber. Meaning, the national broadband network would never have worked as intended, but end up as another white elephant like the Bataan nuke plant.

Lastly, a NEDA insider pointed out overpricing in the Services side (Gotcha, 20 Feb. 2008. Citing government procedures, the source defined the contract as “design-build” under the Federation of International Consulting Engineers. Then citing NEDA rules, the source further stated that detailed engineering design should not exceed six percent, and construction supervision ten percent, or a total of 16 percent, of Equipment cost. Yet in the ZTE contract. the Services cost of $135,429,313 was 70 percent of the Equipment cost of $194,051,628. It was also 41 percent of the total contract price of $329,480,941.

The same NEDA source noticed many procedures breached, and requirements not attached to the ZTE contract (Gotcha, 22 Feb. 2008). These instances constitute graft, for entering into a transaction grossly and manifestly disadvantageous to public interest.

* * *

The National Telecommunications Commission should look into the user of these numbers: 0916-3949807, 0915-4127945, 0916-4129034. During the 2007 congressional-local elections, those numbers were used in text brigades to malign candidates of the Opposition. After that, they were used to badmouth ZTE-scam whistleblowers Joey de Venecia and Jun Lozada. Last week it was used to spread the canard that Vice President Noli de Castro had bought a P200-million mansion for a supposed mistress.

The pattern gives the NTC a clue on who the cell phone menace is.

* * *

E-mail: jariusbondoc@workmail.com

Imbestigasyong ZTE huwag pampatahimik

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Monday, February 25, 2008

KUNG balak ng Arroyo admin idribol ang imbestigasyon ng Ombudsman sa ZTE deal para mahupa ang galit na madla, magdalawang-isip sana ito. Alam ng Malacañang na 92% ng Pilipino ay naniniwala sa mga isiniwalat ni Jun Lozada na pagkidnap sa kanya, at bilyon-pisong katiwalian sa ZTE deal. Kapag lutuin ang Ombudsman probe o patagalin hanggang mainip ang tao sa paghihintay, baka magulat ang Palasyo sa pagsabog ng poot.

Kung tutuusin, napilitan na ngang mag-inhibit ni Ombudsman Mercedita Gutierrez. Kaklase niya kasi sa law school si First Gentleman Mike Arroyo, na dawit sa $200-milyong kickback sa $330-milyong deal. Pero nagbabantay pa rin ang mamamayan sa maaring iliku-liko ng kaso. Batid ng madla ang masamang pagtrato ng Ombudsman sa mga kaso ng katiwalian. Nu’ng nakaraang taon, inanunsyo sa wakas ni Gutierrez na kakasuhan na ng plunder ang dating boss na justice secretary Hernando Perez dahil sa pangingikil ng $2 milyon kay Mark Jimenez. Pero hanggang ngayon wala pang isinasampang kaso sa Sandiganbayan. Mas malala, pinasya ng Korte Suprema nu’ng 2004 na maanomalya ang P1.3-bilyong Comelec automation ni Benjamin Abalos. Pero sa isang kataka-takang desisyon, pinawalang-sala ng Ombudsman si Abalos, na sangkot na naman dito sa ZTE scam.

Kampante ang Malacañang sa harap ng protesta sa ZTE deal at iba pang katiwalian. Sawa na nga kasi ang taumbayan sa kapi-People Power Revolt. Hangad nila ngayon na makitang umaandar nang kusa ang sistema hustisya. Huwag pagsamantalahan ng admin sa ganitong damdamin ng masa. Kapag naramdaman ng tao na niloloko na sila, magmamartsa sila muli para patalsikin ang manloloko.

‘Yan ang nangyari nu’ng EDSA-Dos. Tahimik na nag­masid ang madla habang in-impeach si Joseph Estrada sa Kamara de Representantes at nilitis ng Senado. Pero nang daanin sa dami ng mayoryang senadores na kakampi ni Erap ang pagbigo ng pagbukas ng sobre ng ebidensiya, nagalit ang mga Pilipino at nagwelgang bayan para patalsikin siya.

Friday, February 22, 2008

ZTE deal broke government contracting rules

GOTCHA, Published in The Philippine Star, Friday, February 22, 2008

Our NEDA insider analyzes the $330-million DOTC-ZTE contract that the admin claims is above board. Several violations of government contracting rules and compliance deficiencies are spotted. This, in addition to outright overprices in Equipment and Services (Gotcha, 18, 20 Feb. 2008). Edited to fit this space:

The ZTE contract differs from internationally accepted and widely used FIDIC procurement standards and forms. Token inclusions of some contract parameters are at best spotty, and pale in comparison with FIDIC procedures (even compared with Northrail contract provisions).

FIDIC is (French acronym for) International Federation of Consulting Engineers. Founded in 1923, it consists of national unions of consulting engineers from over 60 countries, including China. Its publications on international procurement, tenders and contract forms have been adopted for transparent best practices and fairness to client-governments, supply and construction companies, and consulting engineers. All international agencies, including UN organizations, use the FIDIC procurement forms. The Philippine government uses FIDIC forms in infrastructure and supply contracts funded by foreign governments. The DOTC itself has used such forms in its LRT, ports, air transport and navigation, land transport and related projects.

Deficient documentation, performance and payment securities

The contract contains provisions whose performance measurements will be difficult to ascertain during implementation. A side comment: ZTE contract differs in form and substance from the similarly funded Northrail. A textual comparison shows wide divergence in documentation of engineering, technical, financial and implementation aspects of the project. Northrail appears transparent in contract provisions; its civil works and equipment pricing is another matter, however.

A glaring deficiency in the ZTE deal is the provision on “Conditions Precedent” prior to implementation — absent in the Northrail contract. The impression is that the contract was rushed; or else, conditions precedent would have been excluded.

Opaque, impaired contract documentation

• Contract attachments are missing: NEDA clearance to adopt direct procurement method for a project costing more than P500 million; DOJ opinion and presidential authority to adopt such direct procurement; submission by ZTE and receipt by DOTC of bid proposal (technical and financial); signed minutes or records of DOTC-ZTE contract negotiations; initialed draft contract and final attachments; prior clearance and authority from the President to sign ZTE contract through direct procurement above P500 million; DOTC official notice and ZTE acceptance of contract award.

• Major provisions need detailing and reformulating: scope of work, technical specs and unit price analysis of Equipment cost; same with Engineering Services (preliminary and detailed designs, procurement plan, implementation schedule); scope of work and verifiable, measurable performance standards, and activities and prices for Managed Services; scope of work, prices and measurable units for Training; consistency of terms and contract definitions.

Provisions on risks and responsibilities need clarification, deletion or reformulation: equipment delivery, handling, turnover, acceptance and on-site testing; during implementation of Managed Services; defects’ liabilities and manufacturer’s warranties in relation to valuation and releasing of Performance Security;

• Not submitted before signing were: 5-percent performance bond; documents required in Sec. 4.1 as contract attachments.

• Missing is one basic: 15-percent ZTE security advance payments for Equipment cost, and Engineering, Managed and Training Services.

* * *

A day after Sec. Romy Neri was quoted as describing his President Gloria Macapagal Arroyo as evil, the Cabinet staged a “unity walk” photo-ops. Videoed side by side up front were Neri and GMA. Political observers wonder: which of the two is practicing Sun-Tzu’s advice to keep your friends close and your enemies closer?

* * *

Showing at the CCP is a play about two modern-day heroes with the same initials who died for country like Emilio Jacinto. Edgar Jopson and Evelio Javier never met in real life, but theirs was a shared struggle and sacrifice against oppression and for democracy. Taking different paths — Javier pursued gradual reforms while Jopson waged armed rebellion — both met violent death.

“EJ”, a rock musical, puts Jopson and Javier in imaginary debate over what was the better route to change. Played respectively by Jett Pangan and Ricky Davao, Jopson and Javier carve out lives as student activist-turned-underground leader and the country’s youngest ever governor (of godforsaken Antique province). Both are born well to do, but one sets out to organize unions to fight Marcos, the other, peasants, for the same cause. Their valor costs them their lives in the hands of the dictator’s brutes.

Playwright Ed Maranan was himself in Marcos’s political prison when he wrote a Palanca award-winner. Stella Cañete and Tex Ordoñez play Precious Javier and Joy Jopson, with the famous Dawn Band performing “EJ” original music and their own hits. Chris Millado directs. Showings on Fridays, Saturdays and Sundays at 8 p.m., matinees at 3 p.m. Saturdays and Sundays, till March 9.

Though some sequences need tightening, this does not distract First-Quarter Storm audiences from reliving their trying, exciting times. Youths will perhaps find in “EJ” clues to their generation’s impending big battle.

* * *

E-mail: jariusbondoc@workmail.com


Sawa na sa katiwalian, sawa na ring lumaban

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Friday, February 22, 2008

TALAMAK na talaga ang katiwalian sa baba at taas ng gobyerno. Sa LTO central office sa East Avenue at Cubao, Quezon City, sinalubong ng fixers ang hindi nila kilalang bagong hepe ng ahensiya — at hiningan ng P1,000 para bumilis ang pag-renew ng driver’s license. Sa Malacañang at Gabinete mahigit isang dosenang krimen ang ginawa sa pagtaguyod at pagtatakip sa ZTE scam. At sa lahat ng sangay ng gobyerno — ehekutibo, lehislatura at hudikatura — perahan na lang ang nangyayari.

Malaon nang nanlumo ang mamamayan sa katiwalian. Sumuko na ang karamihan sa media. Ang mga negos­yante, nag­bibigay na lang ng hinihinging suhol upang ma-serbisyuhan ng gobyerno. Ang mga botante, nilalako na ang boto na alam nilang hindi naman mabibilang. Ang mga abogado, tinatang-gap na lang ang sistemang highest bidder sa mga kaso sa korte. Pati mga pinuno ng simbahan ay nagbubulag-bulagan na sa kasalanan, dahil mga nag-aabuloy sa kanila ang mga nangungulimbat.

Sinuri ni Eufemio Domingo, dating hepe ng Commission on Audit at Presidential Anti-Graft Commission, ang isang masamang ugali ng Pilipino. Aniya, muhing-muhi tayo sa katiwalian — pero kilig na kilig tayo kapag duma­dalo ang mga tiwaling opisyales sa ating mga kasalan, binyagan at kainan. Ito raw ang rason kung bakit lalong lumalakas ang loob ng mga magnanakaw sa gobyerno na ibulsa ang pera ng taumbayan. Iniidolo kasi sila ng madla.

Sana, ani Domingo, baguhin ng Pilipino ang maling ugaling ito. Imbis na tangkilikin ang tiwali, dapat daw ay talikuran at tuyain sila. Huwag daw dapat imbitahin sa mga piging. Ni huwag daw dapat kausapin. Pagbawalan daw pumasok sa simbahan, at huwag bigyan ng Komun­yon. Sa gan’ung paraan daw, kikilabutan ang mga tiwali at matatakot nang magnakaw. Isa sa pinaka-matinding kinatatakutan ng tao ang ihiwalay sa lipunan na parang ketongin nu’ng sinaunang panahon.

* * *

Lumiham sa jariusbondoc@workmail.com

Wednesday, February 20, 2008

Proof of overprice is in ZTE contract (2)

GOTCHA By Jarius Bondoc
Wednesday, February 20, 2008

Admin spokesmen babble the $330-million ZTE deal is clean. But proof of fraud is in the very DOTC-ZTE contract. Last Monday a telecom expert (Gotcha, 18 Feb. 2008) showed at least $35-million overprice in the Equipment side, specifically in provision, installation, testing and commissioning of WiMax units. This time a NEDA insider shows plainly the overpricing in Services. Their identities shall remain confidential for now. Edited to fit this space, excerpts:

NEDA guidelines provide that the upper cost-ceilings of Services should not exceed 16 percent of the direct cost. In the ZTE contract, this direct cost is the Equipment cost. Table 1 below shows the total cost items in the DOTC-ZTE contract.

The NEDA Board on Oct. 7, 1998 approved the implementing rules and regulations on the procurement of consulting services for government projects. These were disseminated on Oct. 26, and took effect on Nov. 5, 1998.

Section 6.8 pertains to “Cost of Consultancy as a Percentage of Construction Cost,” to wit:

6.8.1 — This method may be used to determine the compensation of Consultant for services where the principal responsibility is the detailed design or construction supervision of facilities to be constructed.

6.8.5 — The percentage fee shall consider the type, complexity, location, and magnitude of construction cost of the project and shall not exceed the following percentages of construction cost:

a. feasibility studies — three percent (3%),

b. detailed engineering design — six percent (6%),

c. detailed architectural and engineering design — eight percent (8%), and

d. construction supervision — ten percent (10%).

In the ZTE deal, detailed engineering design of six percent and construction supervision of ten percent should thus not exceed the total of 16 percent.

The ZTE contract includes Services (see Tables 1 and 2 below) for its preparation installation, and supervision of a National Broadband Network. If the ZTE Equipment cost of $194 million would be assumed (still subject to unit price analysis), then the upper ceiling cost (16 percent) for ZTE Services should only be around $31.04 million.

The ZTE total cost of Services of $135 million exceeds the NEDA cost ceiling by 335 percent (that is, $135 - $31.04 = $104 / $31.04 = 335%).

The ZTE design and installation cost alone is $118 million, or 61 percent of Equipment cost.

Managed services and training comprise $16.82 million, or an added 8.6 percent of Equipment cost.

Unit cost breakdown of Engineering, Managed and Training Services — totaling $135 million as shown in Table 2 — represent 41 percent of the entire ZTE contract.

Table 1: Structure of ZTE pay items

Item

Cost ($)

%age to Total

Contract Cost

1. Equipment

194,051,628

59

2. Services (See breakdown in Table 2 below)

135,429,662

41 (* 70 as percent of Equipment cost)

Total Contract

329,481,290

100




Table 2: Cost breakdown of services

Type of Service

Cost ($)

% to Total

Contract Cost

1. Engineering

118,605,650

35.8 (**61.1 as percent of Equipment cost)

2. Managed

14,875,507

4.5

3. Training

1,948,505

0.6

Total Services

135,429,662

41.0


* * *

E-mail: jariusbondoc@workmail.com

Tuesday, February 19, 2008

ZTE: Tuluy-tuloy pang krimen

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Tuesday, February 19, 2008

TALAGA bang hindi hihinto ang Arroyo admin sa paggawa ng krimen sa pagtutuloy at pagtatakip sa ZTE scam? Nitong nakaraang araw, binantaan ng isang Cabinet member ang Makati Business Club na ipabi-BIR sila. Ito’y dahil nanawagan ang mga negosyante kina Cabinet members Lito Atienza at Romy Neri na mag-resign dahil sangkot sa pagkidnap at pagbusal kay whistleblower Jun Lozada.

Garapalang paglabag sa Konstitusyon ang pagba­banta. Nasa Bill of Rights ang kalayaang maghayag at humingi ng lunas sa hinaing. Utos din ng Code of Conduct and Ethical Standards na kilalanin ng nasa gobyerno ang karapatan ng mamamayan. Ipinagbabawal naman ng Administrative Code ang pagha-harass ng ma­mamayan.

Nu’n lang naunang linggo, maraming krimen din ang ginawa ng mga galamay ni Gloria Arroyo kay Lozada. Kinidnap siya sa airport, nanghadlang sa hustisya, nang-udyok na magbulaan, nag-wiretap, nagbulaan mismo sa Senado, at inaabala ang takbo ng Kongreso. Sinabayan pa ng panlalait sa lahing Tsino.

Bago ’yon, marami ring batas ang nilabag para maisa­katuparan ang ZTE deal. Inapura nila ito, itinago sa publiko, at nag-overprice. Ilan lang sa binale-walang batas ang: Anti-Graft and Corrupt Practices Act, Telecoms Policy Act, Procurement Reform Act, Omnibus Election Code. at Revised Penal Code (sa panunuhol at pag-aalok ng suhol). Pati ang Konstitusyon nilabag nang pirmahan ang kontrata miski wala pang aprubadong sanhi ng pondong pantustos sa proyekto.

At nang tinangka nilang itago ang kontrata sa publiko, nilabag din ang Anti-Red Tape Law. Nag-imbento ng umano’y pagnakaw ng kontrata sa China ilang oras matapos mapirmahan, at kunwari’y na-reconstruct ito. Pame­meke ito ng dokumentong pampubliko at pang-aapi sa mga pinalabas na “magnanakaw”.

Ano’ng klaseng gobyerno ito na gumagawa ng krimen para lang kumulimbat ng $200 milyon (P10 bilyon) mula sa $330-milyong kontrata?

Monday, February 18, 2008

Proof of overprice is in ZTE contract (1)

GOTCHA, Published in The Philippine Star, Monday, February 18, 2008

The following is from a telecom expert, who shall remain anonymous for the moment because of his quaint ties to somebody drawn in the ZTE deal. But citing portions of the $330-million contract, he points out where the overpricing is — part of the $200-million kickback. In effect he debunks the prattle of admin spokesmen that there’s no evidence of fraud. It’s in the contract, to wit:

The DOTC touts WiMax as the way to wirelessly link government offices and barangays to the National Broadband Network. Its top officials insist there was no overprice in the ZTE deal. Facts will pin them to crime.

From annexes to the DOTC-ZTE contract, the portion entitled “NBN Project WiMax BoQ,” we can see the following:

CPEs (Customer Premise Equipment) Subscriber Units

Item: BMAX CPE ODU PRO SA 3.5

Quantity: 25,844

Unit Price ($): 1,784

Total Price ($): 46,107,524

Description: BreezeMAX PRO CPE Outdoor Radio Unit

This reveals that ZTE is not the manufacturer of WiMax equipment. It would be sourcing from Israel’s Alvarion, a leading maker of WiMax solutions. There are at least a dozen WiMax equipment manufacturers, including Intel; ZTE is not one of them.

The Alvarion BreezeMAX PRO is an outdoor WiMax CPE unit that includes a modem and radio circuitry, and other components. Integral to it is the flat square antenna, measuring 21 x 21 x 5 cm. and weighs about 3 lbs.

The WiMax CPE antenna will just be clamped to a two- to four-foot metal pole bolted outside a building or structure in each of the 25,844 sites identified by the DOTC. To complete the picture, the antenna will be connected to a small network device the size of a shoebox, placed atop a table. The PCs are then connected to the network device. The setup is similar to a TV set connected to the rooftop aerial antenna.

A leading competing brand, the Proxim Tsunami MP.16 3500 Subscriber Station with Integrated 18 dBi Panel Antenna, can be ordered online for $579.99 apiece. Follow the link: http://www.wirelessnetworkproducts.com/index.asp?PageAction= VIEWPROD&ProdID=1404

Let’s use the competitive price of $580. Since ZTE would be buying the equipment from Alvarion, the former has to make a profit, so let’s assume it doubles the price to $1160. This gives ZTE a gross profit of 50 percent — rare in the highly competitive IT industry.

At the stated $1,784 per unit, the overpricing for the quantity of 25,844 units is over $16 million: (1,784 – 1,160) x 25,844 = 16,126,656.

Directly associated to the WiMax CPE equipment is the installation, testing and commissioning. In the DOTC-ZTE contract annex, the portion entitled “Site Engineering for Remote Office Site, we can see the following:

Item: Installation, Testing, Commissioning

Quantity: 25,844

Unit Price ($): 1,000

Total Price ($): 25,844,00

“Installation” simply means mounting the antenna outside the building or structure, and connecting the cables from the antenna to the network device and onto PCs. This can easily be done: just provide personnel in the 25,844 locations a three-page idiot-proof instruction manual. Installation can be completed in a couple of hours.

“Testing and commissioning” means testing the wireless connection from the remote site to the nearest base station (there are 300 planned base stations), and from the base station to the central network center. This requires Person 1 in the remote site talking on the phone to Person 2 in the base station and Person 3 in the central network center during the testing period.

Installation, testing and commissioning of one remote location can be completed in a couple of days. The cost for three persons working two days to perform these activities can be reasonably estimated at $250 per location, or a total of $6.5 million for 25,844 locations.

The total overprice for installation, testing and commissioning is over $19 million: (1,000 – 250) x 25,844 = 19,383,000.

On this one example alone — provision, installation, testing and commissioning of WiMax equipment — total overprice is $35 million.

Detailed analyses of annexes would show overpricing all over — in local materials, civil works, services and consultants. Anyone with IT or telecom management experience can easily spot them.

Again, top DOTC officials keep claiming there was no overprice in the ZTE contract. That’s because they know that laymen do not easily understand the NBN project. Corrupt officials always try to cover their tracks. But sometimes they are caught with pants down.

* * *

At the opportune time, I will gladly introduce our telecom source. Too, the colleague who requested this price analysis, and was among those who convinced Jun Lozada to blow the whistle on the scam of the century.

On Wednesday: another proof of fraud, this time from a NEDA insider.

* * *

E-mail: jariusbondoc@workmail.com

Papeles sa ZTE scam dapat ipaliwanag

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Monday, February 18, 2008

NILILITO ni Press Sec. Ignacio Bunye ang madla tuwing sinasabing puro daldal lang at walang solidong ebidensiya ng katiwalian sa ZTE deal. Merong papeles — at dapat itong ipaliwanag.

Una sa listahan ang annexes sa $330-milyong DOTC-ZTE contract. Ayon sa Bill of Materials at Bill of Quantities, halagang $194,051,628 ang telecom hardware at $135,429,313 ang serbisyo, para sa kabuuang $329,480,941. Nagsumite si Joey de Venecia ng alam niyang presyuhan ng equipment at services sa telecom industry, at pumalo lang ito sa halagang $96,078,246 at $36,733,786, o total na $132,812,032. Lumilitaw ang overprice na $196,668,909. Mabeberipika ng Senado ang overprice kapag kausapin nito ang telecom experts.

Meron pang ibang dokumento. Halimbawa, minutes ng NEDA board meeting nu’ng Nob. 2006 kung saan iginiit ni President Gloria Arroyo na build-operate-transfer dapat ang broadband network, pero ginawang utang batay sa kontrata. At ang pag-atras ng pag-utang sa China ng perang pampabahay ng pulis para lang maisingit ang ZTE deal.

May papeles din sa pagdukot kay saksing Jun Lozada. Taliwas ito sa hirit ng pulisya na sinundo kuno nila siya sa airport para protektahan. Nakatala sa airport security logbooks na tatlong sundalo ng Presidential Security Group ang umakyat sa arrival area para kaunin “ang VIP” (si Lozada). Sa kotse rin ng PSG, puting Toyota Corolla Altis na may plakang ZCJ 556, isinakay si Lozada. Panay ang tanggi ng pulisya at PSG — pero klaro na hindi lang kinidnap si Lozada kundi sangkot pa ang Malacañang.

Pero si Lozada ay dapat ding magpaliwanag ng ilang papeles. Sa testimonya niya, aniya binantaan siya ni Comelec chairman Ben Abalos nu’ng Enero 2007 na papa­tayin kapag matuntong lang sa Wack Wack Golf Course o sa Mandaluyong. Pero batay sa billing statements at mga resibo, nakailang golf games pa siya sa Wack Wack hanggang Enero 2008. At sa Ben’s Diner na pag-aari ni Abalos pa siya nagmemeryenda. ‘Yun daw ba ang papatayin? Tiyak, may paliwanag si Lozada diyan.

Friday, February 15, 2008

When institutions fail to operate

GOTCHA, Published in the Philippine Star, Friday, February 15, 2008

This Tuesday e-mail, with the subject “From a young reader, po, katanungan lang”, reflects the hopelessness of our times:

“Dear Mr. J.B.,

“Greetings! My name is Jude; I’m 23, a small-town kid in Iloilo. I know you are a very busy man, considering that you have to beat column deadlines while playing detective against corrupt government officials, who in turn have you running for your life.

“I would like to commend you for the courage and the steadfastness you exemplified when you exposed this ZTE crap. Though many may contend that what you did is just like any other journalist’s job, I think you had iron in your heart to bang away at the Big Boys (and the small girl) of Malacañang. In these trying times, when most people can easily be swayed by threats or bribes, very few would take on investigative journalism at the expense of their safety and their lives. I salute you for proving that honest journalism to inform the public still blazes in the hearts of a few journalists. ‘Ika nga, endangered specie na kayo (same with honest officials in the executive or the judiciary or the military).

“On the other hand, Sir, I don’t want to sound cynical about this matter. But history has proven that none of these will ever bear fruit. The Ombudsman is as spineless as boneless bangus, the judiciary (allegedly even the Supreme Court) has a price, the military is the most notorious gangster, the Catholic Church has already lost much of its influence, and the opposition in both Houses has been reduced to a nagging housewife. It seems everything is lost. People are tired of the administration’s thievery, but are also tired of the EDSA stuff. Walang pupuntahan ang imbestigasyon na ito kasi puro galamay ni GMA ang nagru-rule sa bayan — sadly, hopelessly.

“It may sound very naive, kind Sir, but I just want to ask: Why did you even bother?”

* * *

If Jude’s sentiment is prevalent among the youth, it’s because the institutions that he listed down have failed them.

The Ombudsman was swamped in Sept.-Oct. with seven graft cases about the ZTE scam. Only next week, in the wake of Jun Lozada’s damning testimony at the Senate, will it hold public hearings to determine probable cause against the respondents. Perhaps it has to do with the names of those implicated: Gloria Macapagal Arroyo, husband Mike, Benjamin Abalos, Leandro Mendoza, Elmer Soñeja, Lorenzo Formoso, Jimmy Paz, Quirino dela Torre, Ruben Reyes, Leo San Miguel, Romy Neri, Yu Yong and Fan Yang. It would be more ludicrous if the Ombudsman ends up indicting only Joe de Venecia and whistleblower-son Joey.

Meanwhile, the NBI and Dept. of Justice, headed by Arroyo picks, are too quick to gather evidence against Lozada. And there’s the Solicitor General joining the brawl and filing perjury charges against his relatives who had petitioned for habeas corpus and amparo.

(There’s this theory that had the Ombudsman acted swiftly on the seven cases, the Senate would have no excuse today to go on probing the ZTE scam — and the admin would not be so hard-pressed for alibis. The counter-theory is that had the Ombudsman acted on the cases, and then delayed the hearings, Lozada wouldn’t have come out because things would have been under control. But then, God works in wondrous ways.)

Meanwhile, too, the police will also sue Lozada for perjury in accusing them of kidnapping. At the same time, superiors are hiding “active agent” Rodolfo Valeroso, who allegedly had snatched Lozada at the airport to be kept from the Senate. And then there’s the airport logbook showing that it was a soldier from the Presidential Security Group who actually picked up Lozada and loaded him into a white Toyota Altis.

Meanwhile further, more and more bishops are coming out with their own interpretations of what is supposed to be their common call for “communal action” against corruption. The preponderant opinion seems to be to do nothing about it, lest their secret Malacañang dinners capped with doles of white envelopes end abruptly.

Meanwhile finally, the opposition is so emaciated it lacks alert lawyers in Senate hearings. Legal beagles watching Monday’s live telecast said the senators should have seized as evidence of obstruction of justice the envelope of cash that Lozada was returning to Mike Defensor. The latter had claimed that he and his wife had scrounged for P50,000 in their pockets to give to his friend Lozada who had just been delivered to La Salle Greenhills. Had the envelope yielded crisp bills in common denominations of P1,000, it would have seemed a bribe for Lozada to not cry kidnapping and overpricing. Had the envelope yielded a mix of P1,000s, P500s, P200s, P100s, P50s and P20s, then the money indeed would look like it was just gathered from billfolds — and the senators would have lost nothing.

* * *

E-mail: jariusbondoc@workmail.com

Tubig, pabahay nilaglag para lang sa ZTE deal

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Friday, February 15, 2008

REHABILITASYON ng Angat Dam; pabahay sa pulis. Dalawa lang ‘yan sa mga proyektong isinakripisyo umano ni President Gloria Arroyo para lang maisingit ang $330-milyong ZTE deal na may $200-milyong kickback. At ‘yan din ang rason kung bakit nabagabag si Jun Lozada.

Kinuha umano ni noo’y Economic Sec. Romy Neri si Lozada bilang technical adviser sa national broadband network. Panukala noon ang ZTE Corp. ng China na mag­benta ng telecoms equipment nang $262 milyon, na ipapautang sa gobyerno ng China Export-Import Bank. Balak naman ng Amsterdam Holdings Inc. ni Joey de Venecia III na sila mismo ang gagasta ng $240 milyon para itayo ang network, at saka na sisingilin ang gobyerno sa sistemang build-operate-transfer. Eksperto si Lozada sa telecoms dahil nagtrabaho sa Alcatel at iba pang malalaking kompanya sa abroad.

Ani Lozada, itinutulak ni Comelec chief Ben Abalos ang ZTE. Pero ang patakaran ni Arroyo ay daanin sa B-O-T imbis na utang ang NBN, kaya hindi makalusot si Abalos at lamang naman ang offer ni Joey.

Natuklasan ni Lozada na may $130-milyong pani­mu­lang overprice sa presyong $262-milyon ng ZTE. Inatasan siya ni Neri na bawasan ang kahayukan ng ZTE group sa kickback. Ipinagtambal pilit ni Lozada sina Abalos at Joey, pero ayaw ng huli, kasi siya ang maku­ kulong kapag nabigyan ng komisyong $130 milyon. Nagsumbong naman si Abalos kay First Gentleman Mike Arroyo, at doon na naganap ang paninigaw ni Mike kay Joey ng “back off.”

Matapos mag-usap sina Abalos at Mike, biglang nag­bago ang isip ni Arroyo. Utang na ang gusto niya, imbis na mas mainam na B-O-T. Sinabi ni Neri kay Arroyo na hindi makakayanan ng gobyerno ang $262-milyong utang para sa proyektong $130 milyon lang; lulupaypay ang ekonomiya. Sagot umano ni Arroyo na huwag nang ituloy ang pag-rehabilitate ng Angat at ang pabahay ng pulis, para ‘yung utang na lang sa China ang iisipin. Isinasa­kripisyo ang sanhi ng inumin at irigasyon ng Greater Manila at Central Luzon, at benepisyo ng mga pulis. Lumobo pa sa $330 milyon.

Tuesday, February 12, 2008

Gobyernong kriminal

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Tuesday, February 12, 2008

Una, dinukot nila ang mga komunista, at hindi ako kumibo — dahil hindi naman ako komunista;

Tapos, dinukot nila ang mga sosyalista, at hindi ako kumibo — dahil hindi naman ako sosyalista;

Dinukot nila ang mga unyonista, at hindi ako kumino — dahil hindi naman ako unyonista;

Dinukot nila ang mga Hudyo, at hindi ako kumibo — dahil hindi naman ako Hudyo;

Tapos, dinukot nila ako — at wala nang natitirang kikibo para sa akin. — Martin Niemoeller, pastor sa Germany nu’ng dekada-’30, ipinakulong ni Hitler

KAKUKUWENTO pa lang ni Joe de Venecia sa huling talumpati bilang Speaker ang pagbabanta sa kanyang buhay, heto’t naganap ang kakila-kilabot na eksena sa kumukulong ZTE scandal. Kinidnap ng Malacañang ang testigong si Jun Lozada para pigilan itong maisiwalat sa Senado ang $200-milyong (P10-bilyong) kickback sa $330-milyong telecoms deal.

Ani de Venecia, nanganib ang kanilang buhay nang ibunyag ng anak na si Joey ang ZTE scam na kinasang­kutan nina First Gentleman Mike Arroyo, Comelec chairman Ben Abalos, at DOTC Sec. Leandro Mendoza. Ibinu­long sa kanila ni dating Army chief Jayme delos Santos (nag­tatwa rin pagkatapos) na ipapapatay sila ng tatlong hene­ral — kabilang si Mendoza. Ini-report agad ito ni Joey sa pulis. Lumiham naman si De Venecia kay Presidente Gloria Arroyo, dahil opisyales ng Ehekutibo ang tatlong heneral, at humingi ng aksiyon bilang ika-4 na pina­ka­mataas na pinuno ng bansa.

Nararapat lamang na atasan ng Presidente ang pulis na imbestigahan ang tangkang asasinasyon at mag-ulat sa Speaker. Sinumpaang tungkulin niya ‘yon. Pero, ngit-ngit ni De Venecia, ni walang sinagot si Arroyo.

Ani De Venecia, kung nangyari sa kanya ito gayong mataas siyang pinuno, maari itong mangyari sa iba. At hayun, kinidnap nga si Lozada.

Kung ‘di kikilos ang madla laban sa pang-aabuso, lala­­ganap ito.

Monday, February 11, 2008

Time to file criminal raps

GOTCHA, Published in The Philippine Star, Monday, February 11, 2008

Filipinos have had enough of people power revolts that amount to nothing. The 1986 EDSA gig merely restored the pre-martial law oligarchy, while the 2001 version toppled a President for a worse one in polls. That’s why people are asking where this implication of the First Couple to the ZTE scam will end. Malacañang adds to the confusion by claiming that the revelations of Joey de Venecia and Jun Lozada are part of a destabilization plot. The admin portrays the issue as one of bringing down President Gloria Macapagal-Arroyo, instead of one of criminal justice.

Sen. Francis Escudero, upon hearing Lozada tell of being held by admin goons against his will, already stated where this ZTE saga should lead. The airport managers who accosted Lozada, the four hoods who took him away and the cops to whom they turned him over, and the Cabinet and Palace officials who prevented him from testifying at the Senate should all be charged in court. Escudero listed just some of the crimes committed: kidnapping, coercion, obstruction of justice, and wiretapping. He might add more: subornation to perjury, disrupting legislative proceedings, impersonating a police officer.

First in line are airport bigwigs Angel Atutubo and Octavio Lina, who had taken Lozada at the air tube and given him to a fake cop. The impostor was Roger Valeroso, a retired officer who turned out to be one of the abductors. The group shoved Lozada into a car in which it listened in to the CB-radio conversations of Senate security officers. Col. Paul Mascariñas of the Police Security and Protection Office then forced Lozada and siblings to sign antedated requests for help. Before, during and after the abduction, Sec. Romy Neri, Sec. Lito Atienza and predecessor Mike Defensor, Deputy Executive Sec. Manuel Gaite, and lawyer Antonio Bautista pressured him either to lie to the Senate, snub its subpoena, or sign false affidavits. Human rights and state policies were violated.

Some of the principals even hinted at involvement of higher officials. Atienza supposedly told Lozada that “ES” and “Ma’am” were interested in his staying out of the country. “ES” is the known moniker of Executive Sec. Eduardo Ermita; “Ma’am” is President Gloria Macapagal Arroyo no less. They too could be charged.

Why, even the interloping Presidential Chief Legal Counsel Sergio Apostol should be sued for racial slurs against Chinese Filipinos. In jail with Lozada’s kidnappers, he could entertain them as court jester.

Another set of charges should be against those implicated in the ZTE overpricing: First Gentleman Mike Arroyo, Comelec chief Benjamin Abalos, contract signatory Sec. Leandro Mendoza, assistants Lorenzo Formoso and Elmer Soñeja, Ruben Reyes, Jimmy Paz, Leo San Miguel, and Gen. Quirino dela Torre, and their Chinese cohorts.

Then, there are NBI chief Nestor Mantaring and Special Task Force head Arnel Dalumpines, who participated in a coverup. In June they tried to implicate innocent people to a concocted theft of the ZTE contract.

Problem is, true justice isn’t moving. Justice Sec. Raul Gonzalez and Mantaring are set to file charges in relation to the ZTE scam — against whistleblowers de Venecia and Lozada. Meanwhile, the graft case against Abalos is gathering dust at the Ombudsman.

If so, an independent commission would do the job better. Without justice, the people power revolt that the admin so fears just might erupt.

* * *

Uncovering of the ZTE sting has the Villaraza Angangco Law Firm worried. It’s not so much that one-time client First Gentleman Mike Arroyo was linked to the $200M kickback. It’s more because The Firm holds office in the same place he does — and so could be mistakenly targeted again by Arroyo foes. So as it welcomes back from government stints seven partners — led by Avelino Cruz and Simeon Marcelo — it might as well clarify who owns the LTA Bldg. on 118 Perea St. in Legaspi Village, Makati.

The site may be named after Mike’s mom, Lourdes Tuazon Arroyo, but he owns only about 20 percent, that is, one-and-a-half of nine floors. The Firm that will hereafter be called Villaraza Cruz Marcelo Angangco holds the biggest interest, having bought in the ’80s the three storeys it is occupying. That was when Supreme Court Justice Antonio Carpio was still the head partner.

Among the other tenant-owners are: Bank of P.I., Kapisanan ng mga Brodkaster ng Pilipinas, Philippine Wood Products Association, Bencille Corp., Cordym Realty Corp., De Castro Cagampang Law Office, Techtrade Asiaphil, and GG Mendoza & Sons Enterprises.

One dawn in Dec. 2005 creepy forces had fired high-powered weapons at the LTA Bldg., shattering glass windows and office equipment of the lower floors. A heretofore-unknown group of military officers called The Enlightened Warriors claimed responsibility for the attack, as a symbol of anger with the unearthed cheating in the 2004 presidential election. Strangely, the attackers had not fired high enough at the 8th floor that Mike is known to occupy, as exposed by Sen. Ping Lacson in the Jose Pidal series of Aug. 2003. They instead smashed the units of The Firm, ironically when lead partner Pancho Villaraza already had disengaged as Mike’s counsel.

Today Mike prefers to conduct business at his LTA space, although he has an office in Malacañang. He has to make it look like he does not meddle in the Office of the President. Testimonies on the ZTE scam to the contrary might spark new attacks on the LTA Bldg. So The Firm hopes they don’t take aim at its offices again.

Ngayong wala si JDV, paano na si GMA?

SAPOL Ni Jarius Bondoc, Pilipilno Star Ngayon, Monday, February 11, 2008

TINUTUYA si Joe de Venecia, sa pagsiwalat niya ng mga baho ng Arroyo admin, kung “bakit ngayon lang?” Nasa farewell speech na niya ang sagot, nang amining maka­salanan siya gaya ng lahat. Kaya parang inuurirat na rin si Saul kung bakit naging Paul at itinigil ang pag­papahirap sa mga Kristiyano matapos lang mabulag patungong Damascus.

Ito ang dapat na tanong: Ano na ang mangyayari kay Gloria Arroyo ngayong nilaglag ng mga anak niyang kongresista ang pinaka-masugid niyang kakampi sa pulitikang si JDV?

Miski sumanib si JDV sa Oposisyon, hindi bagong impeachment ang problema ni GMA. Nakalkula na ‘yan ng mga batang Arroyo. Susubuan lang nila ang mga kongre­sista ng pork barrel — P17 bilyon ng pera natin.

Sa larangang panlabas ang problema ng mga Arroyo. Binalaan sila ng Management Association of the Phils. at Phil. Chamber of Commerce and Industry tungkol sa mga magiging gusot sa ibayong dagat. Hindi sila nakinig; nagpakabulag sa hangaring benggansiya.

Speaker na si JDV nu’ng 1992 nang kulelat na senador pa lang si GMA. Bago ‘yon, idinala ni JDV ang Philippine construction industry sa Middle East habang middle manager lang si GMA sa trade ministry. Dahil founder ng Lakas-Christian-Muslim Democrats, mataas na pinuno si JDV sa pandaigdigang Christian Democratic Union na nakapuwesto sa Europe; walang international affiliation ang Kampi ni GMA. Bilang Speaker nang limang ulit, maraming world leaders na nakaibigang malapit ni JDV; ang katoto lang ni GMA sa ibang bansa ay si dating US President Bill Clinton.

Kaya, tiyak mag-iisip ang world leaders kung bakit nilaglag ni GMA si JDV. Kikilatisin nila lalo ang pagkatao niya, at ang human rights record, lalo na’t ibinunyag ni JDV na hindi siya tinulungan ni GMA nang bantaan siyang papatayin ng tatlong heneral ng Presidente.

Magdadalawang-isip ang world leaders mag-abuloy o magpautang. Kakapusin ang pondo ng gobyerno para sa basic services. Isisisi ito ng publiko kay GMA. Gugulo lalo ang termino niya.

Friday, February 8, 2008

From kickbackers to kidnappers

GOTCHA, Published in The Philippine Star, Friday, February 8, 2008

First they came for the communists, and I did not speak out — because I was not a communist;

Then they came for the socialists, and I did not speak out — because I was not a socialist;

Then they came for the trade unionists, and I did not speak out — because I was not a trade unionist;

Then they came for the Jews, and I did not speak out — because I was not a Jew;

Then they came for me — and there was no one left to speak out for me.

Martin Niemoeller, German pastor imprisoned by Hitler

Joey de Venecia had just narrated the threats on his life when — wham! — another startler leapt from the ZTE thriller. Malacañang thugs in broad daylight snatched witness Jun Lozada to prevent him from talking at the Senate. Indications are the admin will stop at nothing to stifle evidence and testimony of $200-million (P10-billion) overpricing in the $330-million deal. It not only will depose a long-time political ally like the Speaker, but even kidnap.

De Venecia said their lives were imperiled when son Joey blew the whistle on the ZTE scam. Linking First Gentleman Mike Arroyo, Comelec chief Ben Abalos and Sec. Larry Mendoza to high crime worsened matters. Ex-Army chief Jaime delos Santos confided to them (but denied in public) that three generals, including Mendoza, were plotting their murder. Joey promptly reported to the police. De Venecia for his part wrote President Gloria Arroyo for action, since the trio is under the Executive.

It would have been proper for Arroyo to direct the National Police chief to investigate and render a report to the fourth highest official of the land. The President’s sworn duty is to “execute laws and do justice to every man.” But Arroyo did nothing, de Venecia lamented. Not even an answer to his letter. And so he warned, while recounting the many unsolved killings and kidnappings since Arroyo came to power in 2001, “If it can happen to me, it can happen to you.”

And then, the next day, they kidnapped Lozada to silence him.

Many things can be said about this latest attempt at coverup. For one, the Manila airport is truly unsafe and so deserves international demotion. Imagine its own security boss, (one-time Arroyo aide) Gen. Angel Atutubo, turning over Lozada from the plane to a “cop”, instead of to the Senate that was well publicized to be hunting for him. And then it turns out that in the National Police rolls there’s no such Officer Roger Valeroso, the armed man to whom Atutubo entrusted him.

Moreover, in pattern of the 1983 Ninoy Aquino assassination, Lozada was whisked from the air tube to the tarmac and into a car. It may even be said that it also smacks of the abduction of publicist Bubby Dacer when the Estrada regime was crumbling from exposés of high crimes in Nov. 2000. In both cases, security forces committed the heinous crimes.

The saving grace in Lozada’s abduction perhaps is that dogged press reporting scared the perpetrators into returning him to his family. Cabinet chief Ed Ermita frowns at The STAR’s Wednesday banner quoting Lozada as crying “kidnap”. Had that crucial word been suppressed, Lozada might not have resurfaced alive.

At least 200 persons, by the National Police’s account (800, according to militants) have been killed or disappeared for their work as activists and unionists, journalists and jurists. The United Nations has taken the Arroyo admin to task for failing to stop the death squads. Malacañang spin-doctors in response keep denying convincing proof of paramilitary involvement.

It’s up to brave Filipinos to denounce the murders and abductions, lest these worsen until no one is left to speak out.

* * *

Notably, in reply to de Venecia’s gripe of no official action against assassination plots, the Armed Forces chief claimed he could do nothing because the source of the info had denied it. At the same time, the National Police head took custody of Lozada allegedly because of threats to his life, although he never sought help from the police he so distrusts.

It must be said that Joey and I have been getting death threats since Sept. and have reported so — yet the police has not offered us the protection that it so eagerly is giving to the reluctant Lozada.

Threats masked as reactions to my column in the The STAR Internet Edition are but the latest attempts at intimidation. They had killed my TV show, wiretapped my sources, tried to pin me with concocted theft of the ZTE contract, and more. But the stink already is out. No more bribery of congressmen and local officials, as in Oct., can stop that.

Bumangon 12 oras matapos mamatay

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Friday, February 8, 2008

BINUHAY ang isang ina sa Ethiopia na 12 oras nang patay — at nagkuwento siya tungkol sa langit. Heto ang ulat ng Breaking Christian News:

Nang ikasal si Fatuma Shubisa sa isang evangelist, lumipat siya sa Kristiyanismo mula Islam. Pero nagkasakit ang ina ng siyam, at pumanaw sa harap ng inang nag-aalaga sa kanya. Nagsimulang magluksa ang Baryo Alelu. Nagkataong naparaan du’n si Warsa Buta na Protestant missionary. Sa pagtupad ng aniya’y pangako ng Diyos na bubuhayin ang patay ng kamay niya, hinanap ni Buta ang namatay na babae.

Nagtaka ang mga kaibigan at kamag-anak nang dasa­lan ng preacher ang nakatalukbong na bangkay. Kuwento ni Buta: Sampalataya ako na kikilos ang Diyos sa pamamagitan ko. Nagdasal ako tulad ng pagdarasal ni San Pedro, ‘Fatuma, sa ngalan ng Panginoong Hesus, bu­mangon ka.’”

At umupo nga si Fatuma sa kama. Dose oras na siyang patay noon.

Si Fatuma ang nagtuloy ng kuwento: “Agad-agad napabalik ako sa aking katawan. Umupo ako at nagta­nong, ‘Ano’ng nangyayari?’ Nagkagulo ang lahat. Anila nagagawa raw ng isang paring Kristiyano na pabalikin ang kaluluwa sa katawan. Sumigaw sila, lahat daw sila magpapa-convert na.”

Habang patay si Fatuma, tila nakaranas siya ng maga­gandang silip sa Langit. Nakita raw niya ang mga yumaong kamag-anak at kapitbahay at nakipagku­wentuhan.

“Bumangon ako sa kagustuhan ng Diyos na bumalik ako sa piling ng mga musmos kong anak,” ani Fatuma sa video ng breakingchristiannews.com nu’ng Enero 29. Ngayon batid ko na kung mamatay tayo ay mapupunta tayo sa napaka-gandang pook.”

Paminsan-minsan pinadadama ng Diyos na nasa pa- ligid-ligid lang natin Siya sa pamamagitan ng pagtata- laga ng ilan sa atin bilang healer. Hindi ang mga tao ang gumagamot sa ating karamdaman o umaayos sa ating pagkatao, kundi ang Diyos na nagmamahal sa atin.

Wednesday, February 6, 2008

Without JDV, what happens to GMA?

GOTCHA, Published in The Philippine Star, Wednesday, February 6, 2008

Sec. Romy Neri swears that Comelec chief Benjamin Abalos offered him P200 million to endorse the overpriced ZTE deal. Yet Malacañang keeps denying sleaze in the $330-million telecom purchase. Does that mean it treats Neri a liar? And so if Neri invented the story, why’s he still in the President’s official family?

That’s another one of many upshots in the ZTE scam that defy logic. Others have long bugged those who’ve been following developments. Like, if the deal was so upright, then why did President Gloria Arroyo cancel it, while she often says she’d rather be right than popular? Or, again if the deal was so dandy, why do Neri, Abalos, First Gentleman Mike Arroyo and Sec. Larry Mendoza refuse to further testify?

Those holes in the official story gape because there can be no perfect crime. The cleanup team is bound to leave traces of dirt.

* * *

It’s inane to ask Joe de Venecia, in the wake of his acrid exposés of Arroyo admin scams, “why only now?” The answer already was in his exit speech as Speaker, in his confession of being a sinner like everyone else. So it’s like niggling Saul for becoming Paul and ending his persecution of Christians only after being blinded on the road to Damascus.

The question to ask is, what happens now to Gloria Arroyo? Bluntly, what faces she after her congressmen-sons’ toppling of her closest political ally Joe?

Her worry, even if de Venecia has joined the Opposition, is not a new impeachment by Oct. Her congressmen-sons anticipated and thus planned for that. They will simply use the pork barrel — taxpayers’ money, all P17 billion of it — to buy Congress’ quashing of any complaint.

What they didn’t calculate in their hurry to exact revenge against de Venecia is the clang of his fall on international circles. The Management Association of the Philippines and the Philippine Chamber of Commerce and Industry had warned them of serious overseas repercussions. They didn’t listen as parochial mentality prevailed.

Businessmen’s fears rested on what they know de Venecia to be and what Arroyo isn’t. De Venecia was Speaker in 1992, when Arroyo was but a three-year-term junior senator. Before that he had “exported” Philippine constructors to the Middle East, while Arroyo was a middle manager at the trade ministry. As founder of the Lakas-Christian-Muslim Democrats, de Venecia is a high officer of the global Christian Democratic Union, in power in most of Europe and South America; Arroyo’s Kampi party has no global political affiliation. As five-term Speaker, de Venecia built first-name-basis friendships with leaders of Asia, Europe, Africa and the Americas; Arroyo has no close world leader-friend except perhaps old college classmate ex-President Bill Clinton. (She could have cultivated ties with the US had she not alienated her own ambassador who was well respected in Washington.)

In breaking away de Venecia rattled off some misdeeds of the Arroyo team: the Hello Garci election farce, ZTE scam, and road user-tax misuse. He vowed to bare more. But even if he doesn’t talk, international leaders would judge Arroyo by what she did to de Venecia. Without the latter, and because corruption will surely worsen, official development assistance and military aid will suffer. Arroyo’s tenure will be hard-pressed for money for basic services while its officials steal for retirement in 2010. The public will have no one else to blame but her. Dark clouds of a US economic recession already are threatening to storm the Philippines as well.

Of bad omen for Arroyo is de Venecia’s diatribe, at last, against killings and kidnappings of activists and unionists, journalists and jurists. This will be of prime international interest. De Venecia’s mention of a UN report of paramilitary atrocities in RP was made vivid by his narration of personal experience. At the height of plots to assassinate him and son Joey because of the latter’s exposé of the ZTE overpricing, de Venecia wrote to Arroyo for help. After all, the three generals reportedly planning to rub them out were executive branch officials.

What happened next points up what’s in store for ordinary mortals. “Should not the President order the PNP (Philippine National Police) to investigate and render me a written report?” de Venecia disclosed, in effect saying lower citizens are in grave danger. “How can the complaint for the (extrajudicial) murders be given due course by security (officials) when even my appeal to the President she chose to ignore.” The UN will surely look closer now at Arroyo’s spotty human rights record.

Tuesday, February 5, 2008

Ano’ng tinatago nila kung ‘malinis’ ang NBN deal?

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Tuesday, February 5, 2008

KUNG sinusundan n’yo ang mga kaganapan sa national broadband scam, tiyak ako na nauubos na ang tiwala n’yo sa administrasyong Arroyo. Bakit hindi? Lahat na lang ng sangkot sa umano’y $200-milyong kickback sa $330-milyong kontrata ay iniisnab ang subpoenas ng Senado.

Maski may warrant of arrest sa kanya, iginigiit ni Sec. Romy Neri na wala na siyang masasabi matapos tumestigo nang 11 oras. (Ngitngit tuloy ni Blue-Ribbon chairman Alan Peter Cayetano na silang mga senador ang magsasabi, hindi si Neri, kung tapos na ang pag-uusisa nila.) Si Comelec chief Ben Abalos naman, nagpasya matapos sumipot minsan na hinding-hindi na siya babalik para igisa muli. Kesyo resigned na rin lang siya at private citizen na, kaya hindi na mapupuwersang tumestigo. Gayundin sina DOTC Sec. Larry Mendoza, at mga ayudanteng Lorenzo Formoso at Elmer Soñeja — ayaw nang bumalik miski tungkulin nilang kumbinsihin ang mga senador na kailangan talaga ng exclusive government telecom network. Si First Gentleman Mike Arroyo, miski kaoopera lang kaya ayaw ng doctor, ay lumipad sa Europe nu’ng araw ng imbitasyon.

Ngayon pati isang mababang opisyal ng Ehekutibo ay may ganang bastusin ang subpoena ng Senado na siya mismo ang humingi.

Si Jun Lozada mismo, presidente ng Forestry Corp. ng gobyerno, ng nagsabi kay Sen. Ping Lacson na darating siya kung sapilitang imbitahin at usisain. Alam niya umano lahat ng dumi sa NBN. Ehemplo: magkano ang partihan ng kickbackers mula sa paunang $70-milyong lagay ng ZTE, at proyektong ibabasura (repair ng Angat dam, pabahay ng pulis) para lang mapondohan ang NBN. Nakokonsiyensiya raw siya.

Pero nu’ng Miyerkules, araw ng Senate hearing, lumipad siya sa Hong Kong para makaiwas. Iniabot sa kanya ng mga amo ang travel order at official itinerary kuno, antedated ang petsa. Tinalikuran na niya ang pangako at konsensiya.

Anang Malacañang walang anomalya sa NBN, kontra sa exposé ni Joey de Venecia III. Kung gan’un, bakit itinatago nila ang impormasyon?