Maaring madiin lalo sa sariling pahayag

SAPOL Ni Jarius Bondoc, Pilipino Star Ngayon, Monday, September 3, 2007

BIGLANG uminit ang ZTE issue nang idawit ni Rep. Carlos Padilla si Comelec chairman Ben Abalos. Nauna na niyang hinabla si DOTC Sec. Leandro Mendoza nang graft and corruption sa pagpirma sa $330-milyong (P16-bilyong) kontrata. Kaya’t paborito silang tatlo ma-interview sa radio talk shows. Kontra-pelo ang mga salita nila. Maaring gamitin ni Padilla ang mga sinabi ng dalawa para lalong idiin sa anomalya.

Halimbawa ang usapin ng pag-utang sa China Eximbank ng $330 milyon para pondohan ang pagbili sa ZTE Corp. ng exclusive government broadband network. Napaulat na nagkapirmahan na ng pautang nu’ng maka­lawang Sabado. Ani Mendoza sa panayam ni Ted Failon sa DZMM, nilalakad na nila ang approval ng Monetary Board ng utang. “‘Yun na nga ba ang sinasabi ko,” banat naman ni Padilla nang siya na ang ka-phone patch. “Sabi sa batas kailangan aprubado muna ng Board ang pag-utang bago pa man pirmahan ang loan agreement.”

Dagdag pa ni Mendoza na pinili nila ang ZTE dahil hindi kaya ng dalawang kakompitensiya na pinansiyahan ang proyekto. “‘Yan na nga rin ang sinasabi ko,” ulit ni Padilla. “Ilabas nila lahat ng papeles, para makita ng mga eksperto kung meron nga bang kakayahan o wala ang mga nag-aalok ng broadband network.”

Si Abalos naman ay in-interview ni Arnold Clavio at Ali Sotto sa DZBB. Umamin ang Comelec chief na di-bababa sa tatlong beses siya pumunta sa Shenzhen kamakailan para makipag-golf sa ZRE execs. Pinag-usapan daw nila ang pag-invest para umunlad ang Mindanao’ “krimen ba ‘yun?” Hindi nga impeachable offense maki-golf, sagot ni Padilla, pero bakit nakikipag-usap pa si Abalos sa ZTE gayong kontrobersiyal na ito at nasa gitna na ng election period.

Inamin ni Abalos na bawal mag-award ang gobyerno ng kontrata kung election period, tulad ng Apr. 21 para sa ZTE. Pero dagdag niya agad na hindi naman kontrata kundi memorandum of agreement ang pinirmahan sa Boao, China. Pero bakit giit ni Mendoza, kontrata raw?

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.

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