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Wednesday, December 15, 2004

AUPWU Manila, VCA Holds Dialogue Re: Casuals, Representation Issues

The All UP Workers Union Manila and the Vice Chancellor for Administration Dr. Arlene A. Samañiego holds a dialogue today at around 9:00 AM regarding the status of casuals in the the U.P. Manila's Central Administration, the Academic Units and the National Institutes of Health and on representation right of the union.

The following issues/measures were clarified/agreed upon:

  1. All casuals in the campus will be given a one (1) month renewal appointment for the month of January 2005 only as a temporary measure to have a continuous service of all casuals (without gap in service) while the National Budget and or a 2005 Internal Operating Budget has not been approved. Meanwhile all units will be enjoined to already prepare for budget clearance, the five (5) month appointments (February - June 2005) of all casuals under them.
  2. There will be no termination that would happen during the transition period except with cause, such as those serving their respective administrative penalties and with unsatisfactory performance evaluation. On such cases, it is understood that the casual concerned had already been forwarned in advance of non-renewal of appointment.
  3. All casuals were normally given with six (6) months appointments.
  4. The Administration will renew the representation right of the union in the Advisory Board of the UP Manila Creche and Learning center.
  5. The representation right of the union on all other committees related to employees welfare and benefits in which it was not yet given such right will be looked into by the Vice Chancellor, such as the Personnel Effectiveness Audit Committee, the UP Manila committee in-charge of studying the implementation of DBM Circular 2004-3 (Conversion of Positions Performing Staff/Non-Technical Functions; and other similar committees.

    Months earlier, the chapter had already allerted the National Executive Board on the existence and on-going work of such committee that exist at the UP System but without even consulting the union as embodied in our CNA.
  6. The union seeks to have representation on such committees in order to advance the interest of the rank-and-file administrative employees even in the formulation of internal guidelines in our campus especially on the fact tha the government will be using such Circular/s to retrench employees; or euphemistically - streamline the bureaucracy.

    Our previous blogs already expresses the union's position on such "double speak" by the government under Gloria Macapagal Arroyo.

Tuesday, December 14, 2004

New Features Added on our Web Log Pages

Beginning today, December 13, 2004, we have added a chatter box at our web log pages: "The UP Workers" and "Sa Ospital ng Bayan" (URL: http://aupwu.blogspot.com and http://aupwumla.blogspot.com, respectively). This is to encourage our constituency in the hospital, the constituent university and the UP System to post their comments, reactions or suggestions online. And also as a mean for online chatting.

Words of caution though: "Please limit your chat topics to work-related and union-related issues."

The chat box maybe found near the counter box at of the default page of each wep log pages, at the left narrow module for "The UP Workers" and at the right narrow module for the "Sa Ospital ng Bayan."

It also include provisions for universal reosurce locator (url) for our constituents who have their own web pages, web logs, xanga, etc., by which the union may respond to their queries and comments or simply we may able to know them better by visiting thier own web sites.

Friday, December 10, 2004

Travesty of Human Rights

Streetwise
by Carol Pagaduan-Araullo

Today is human rights day. Two nights ago, Marcelino “Ka Marcing” Beltran, president of Alyansa ng Magbubukid sa Tarlac, a survivor of the Hacienda Luisita massacre last November 16, was gunned down outside his house in barangay San Sotero, Sta. Ignacia, Tarlac.

Today is his birthday; the peasant leader would have turned 52.

Just three days earlier, Ka Marcing gave a team of lawyers his eyewitness account of that infamous day when striking farm and sugar mill workers, their families and supporters, were mowed down at the picket line by automatic gunfire, resulting in the confirmed deaths of seven and the wounding of more than a hundreds others. He was articulate, fearless, agitated, his words tumbling from his mouth as he narrated how he miraculously escaped the hail of bullets even as he helped carry the dying and the wounded to safety, away from the bloodthirsty police, military and private security forces who relentlessly pursued the fleeing strikers and rallyists with their guns, truncheons and boots.

Ka Marcing had no enemies save those he wittingly or unwittingly created by his unswerving leadership of the militant peasant organization in Tarlac as well as the larger alliance of peasants and farm workers called Alyansa ng Mag-uuma sa Gitnang Luson (AMGL).

Given this background and the circumstances of his death, it is reasonable to assume that his killing is intimately related to the latest labor disputes and festering land problem at Hacienda Luisita.

To date all that the Arroyo government has done about the massacre is to wash its hands of any responsibility. The undisputed fact however is that it was DOLE Secretary Pat Sto. Tomas’ assumption of jurisdiction over the labor disputes in a so-called “strategic industry” such as the Cojuangco-owned sugar plantation and mill, her return to work order and her deputization of both the police and the military to break up the picket line provided both the legal cover and the overwhelming firepower that triggered the massacre.

The latest statement of Mrs. Arroyo on the matter is revealing in its emptiness: “The labor department is doing its best to obtain a fair and peaceful settlement of the Hacienda Luisita dispute. Labor problems must be solved at the negotiating table. All parties must act responsibly so that tragedies can be averted.”

Completely oblivious is she, the President, to whom all Cabinet secretaries are directly accountable, and the Commander-in-Chief, the sole authority with the power to call out the troops in case of an outbreak of so-called “lawless violence,” to the facts of the matter. That management had engaged in unfair labor practices by illegally dismissing nine of the officials of the United Luisita Workers Union (ULWU) and replacing the union president with a man they had handpicked. That management then refused to negotiate with the legitimate leadership of the farm workers union and was deadlocked on the demands of both the farm and azucarera workers. That the PNP had earlier attempted three violent dispersals using truncheons, water cannons and tear gas but were turned back by the sheer number and assertiveness of the strikers and their supporters.

Witnesses’ testimonies and video footages of the Hacienda Luisita carnage point to premeditation and intent to kill on the part of the government security forces, private security guards and a number of eskirol. But all these are apparently mean nothing to Mrs. Arroyo and her cordon sanitaire who knows what it is that she wants to hear.

It appears that Mrs. Arroyo wants only to hear excuses and to find scapegoats for her government’s disastrous policies and overall criminal complicity with the greedy, heartless and ruinous ruling elite in this country and their rapacious foreign partners.

She is especially fond of using the New People’s Army (NPA) and other revolutionary forces as whipping boy for everything that is wrong with her government and the ruling system. In her speech on the occasion of human rights week she couldn’t resist taking a snipe at the so-called human rights abuses of “insurgents and terrorists” rather than taking a critical look at her government’s own human rights record. She takes the lead and provides the cue to her Cabinet who think nothing of pointing to the communist rebels as the masterminds and provocateurs whether it be cases of labor and peasant unrest, violent dispersals of protest mass actions, indiscriminate bombings and other alleged terrorist acts up to and including opposition to new, onerous taxes and unconscionable debt servicing in the face of unprecedented financial crisis, protest over massive use of government funds for Mrs. Arroyo’s reelection bid and assorted “destabilization plots” such as the ones hyped by her own generals to cover up rampant corruption in the AFP.

The President’s latest charge that the NPA are “illegal loggers” and, ergo, are mainly responsible for forest denudation and the wasteland that has become of several provinces in Luzon in the aftermath of the typhoons that hit the country is ludicrous except to the most rabid anti-communists like her who will believe anything evil of the revolutionary movement. The President’s propensity to blame the NPA for anything and everything that bedevils her regime ironically shows up the inutility of her brand of governance: it takes a major catastrophe for her clueless DENR Secretary to finally raid a handful of sawmills with illegally cut logs; for her to set up a new anti-illegal logging task force with an initial P100 million budget to determine who have been scalping the already bald mountains; and for Malacañang to declare a suspension in all logging activities minus the ones exempted by the DENR secretary.

The bad habit of passing the blame to an entity, the NPA, that the government cannot run after except through vilification and psywar campaigns and failed counter-insurgency programs, results objectively in a situation where the real culprits get away with their high crimes. Those who are really culpable can only include the Arroyo government, one that has not exhibited the moral courage to admit its failures nor the political will to institute the barest of genuine reforms. Worse, it is a government that looks the other way when the perpetration by state forces of gross human rights violations is fast becoming a hallmark of its insecure rule.

As President and Commander-in-Chief, Mrs. Arroyo’s hands are bloodied by the murders of the Hacienda Luisita protesters, the assassination of Ka Marcing Beltran and all other leaders of the exploited and oppressed masses, and the unabated killings of human rights workers.

Similarly, she must also be held accountable for the devastation and massacre of entire communities by her government’s criminal negligence in allowing destructive commercial logging to go on unabated until the mind boggling man-made catastrophe that followed the fury of nature’s typhoons.###

Monday, December 06, 2004

Uncle Sam Has His Own Gulag

Behaving like the Soviet secret police won't make America safer, Eric Margolis says.

By ERIC MARGOLIS

12/05/05"Canoe.Ca" -- The Lubyanka Prison's heavy oak main door swung open. I went in, the first western journalist to enter the KGB's notorious Moscow headquarters -- a place so dreaded Russians dared not utter its name. When they referred to it at all, they called it "Detsky Mir," after a nearby toy store.

After interviewing two senior KGB generals, I explored the fascinating museum of Soviet intelligence and was briefed on special poisons and assassination weapons that left no traces. I sat transfixed at the desk used by all the directors of Stalin's secret police, on which the orders were signed to murder 30 million people.

Descending dimly lit stairs, I saw some of the KGB's execution and torture cellars, and special "cold rooms" where naked prisoners were beaten, then doused with ice water and slowly frozen.

Other favoured Lubyanka tortures: Psychological terror, psychotropic drugs, prolonged sleep deprivation, dazzling lights, intense noise, days in pitch blackness, isolation, humiliation, constant threats, savage beatings, attacks by guard dogs, near drowning.

Nightmares from the past -- but the past has returned.

According to a report leaked to the New York Times, the Swiss-based International Red Cross has accused the Bush administration for a second time of employing systematic, medically supervised torture against suspects being held at Guantanamo Bay, and at U.S.-run prisons in Iraq and Afghanistan.

The second Red Cross report was delivered to the White House last summer while it was trying to dismiss the Abu Ghraib prison torture horrors as the crimes of a few rogue jailers. According to the report's allegations, many tortures perfected by the Cheka (Soviet secret police) -- notably beating, freezing, sensory disorientation, and sleep deprivation -- are now routinely being used by U.S. interrogators.

The Chekisti, however, did not usually inflict sexual humiliation. That technique, and hooding, were developed by Israeli psychologists to break resistance of Palestinian prisoners. Photos of sexual humiliation were used by Israeli security, and then by U.S. interrogators at Abu Ghraib, to blackmail Muslim prisoners into becoming informers. All of these practices flagrantly violate the Geneva Conventions, international, and American law.

The Pentagon and CIA gulags in Cuba, Iraq and Afghanistan have become a sort of Enron-style, off-the-books operation, immune from American law or Congressional oversight.

Suspects reportedly disappear into a black hole, recalling Latin America's torture camps and "disappearings" of the 1970s and '80s, or the Arab world's sinister secret police prisons.

The U.S. has been sending high-level anti-American suspects to Egypt, Jordan, Morocco, and, reportedly, Pakistan, where it's alleged they are brutally tortured with violent electric shocks, savage beatings, drowning, acid baths, and blowtorching -- the same tortures, ironically, ascribed to Saddam Hussein.

Protests over this by members of Congress, respected human rights groups, and the public have been ignored.

President George W. Bush just named Alberto Gonzales to be attorney general, his nation's highest law officer. As White House counsel, Gonzales wrote briefs justifying torture and advised the White House on ways to evade or ignore the Geneva Conventions.

Grossly violating the Geneva Conventions undermines international law and endangers U.S. troops abroad. Anyone who has served in the U.S. armed forces, as I have, should be outraged that this painfully won tenet of international law and civilized behaviour is being trashed by members of the Bush administration.

Un-American behaviour

If, as Bush asserts, terrorism suspects, Taliban, and Muslim mujahedeen fighters not in uniform deserve no protection under the laws of war and may be jailed and tortured at presidential whim, then what law protects from abuse or torture all the un-uniformed U.S. Special Forces, CIA field teams, and those 40,000 or more U.S. and British mercenaries in Iraq and Afghanistan euphemistically called "civilian contractors"?

Behaving like the 1930s Soviet secret police will not make America safer. Such illegal, immoral and totally un-American behaviour corrupts democracy and makes them no better than the criminals they detest.

The 20th century has shown repeatedly that when security forces use torture abroad, they soon begin using it at home, first on suspected terrorists, then dissidents, then on ordinary suspects.

It's time for Congress and the courts to wake up and end this shameful and dangerous episode in America's history.

Copyright © 2001, Sun Media Corporation

Butas na Batas ng Gubat

ni: Tata Raul G. Funilas
UP-Diliman
Disyembre 2, 2004


Dumayo ang bagyo ng siklo’t
Tinahak ang landas ng Pilipinas,
Mabugso ang nabuyong alimpuyong
Nagwasiwas at naglaglag ng mga patak;
Hinahalo ng umaalipatong ipu-ipo
Ang wasak na gubat na umiiyak.

Bumaha ang luhang saganang sagana,
Hindi naawat ng mga nautas na ugat
Niyong kahoy na pinulpol ng ungol
Ng mga tampalasang halimaw na humalihaw
At gumanot sa panot na panot nang bundok.
Niyong mga nagkamal ng makakapal na yaman

Nalunod at inianod ang punggok na himutok,
Nawasak ang pangarap sa butas na batas ng gubat.

© 2004 Bulatlat ■ Alipato Publications

Thursday, December 02, 2004

SC Reversal on Mining Act is Treason: KPNE

PRESS RELEASE/December 1, 2004
Reference: Clemente Bautista, 09185539682

The Supreme Court reversal on Mining Act is Treason, PGMA's hand seen in court's decision.

The Kalikasan People's Network for the Environment (KPNE) charged as "treason" the act of Supreme Court justices who voted to reverse the court's earlier decision on the constitutionality of the Philippine Mining Act. It also hit the SC for being blind to the fact that nowhere in R.A. 7942 as well as in existing mining agreements of the government with foreign mining firms is it guaranteed that the government retains control of mining operations as mandated by the Constitution.

"The SC acted in blind haste, most probably succumbing to the treasonous agenda of the Arroyo government to sell-out our mineral resources to rapacious foreign transnational mining firms in a desperate move to revive a moribund industry whose collapse is directly the result of an anti-Filipino mining policy of a pro-mining TNC government," Clemente Bautista, KPNE National Coordinator, said.

"This only goes to show that we cannot rely on this government to even uphold the remaining nationalist provisions of our Constitution. This government is totally bereft of a moral authority to govern for and in behalf of the Filipino people," he added.

Bautista said that the SC decision appears to be in line with the latest moves of the Department of Environment and Natural Resources in lowering the initial capital requirements for Foreign Technical and Assistance Agreements from $50 million to $4 million.

Gerardo Gobrin of the Kalipunan ng mga Katutubong Mamamayan sa Pilipinas (KAMP) stressed that not only will the SC decision result into a flood of mining TNC operations in the country but in human rights violations against indigenous peoples and peasant settlers, where most mining applications are located, as well.

The KPNE also warned of more devastating natural disasters like flashfloods and landslides once the government's thrust to revitalize a liberalized mining industry as a result of the SC decision takes full swing. Bautista, however, warned the government, saying the people will not take this sitting down. "As the government and the elite in the mining industry and mining TNCs celebrate, they might as well brace for a stronger resistance from an enlightened citizenry who have had enough of the duplicitous and treasonous agenda of the government."

Wednesday, December 01, 2004

5th Chapter Assembly Held: New Set of Officers Elected

The All U.P. Workers Union, Manila Chapter succesfully held its 5th Chapter Assembly on November 26, 2004 at 8:00 - 1:00 PM at the UP Manila Social Hall, 8/F PGH Central Block Bldg. This year's theme was aptly titled: "Papaigting na pakikibaka para sa sahod, benepisyo at karapatan sa harap ng papatinding krisis." It was attended by 107 members, the most attended so far in the history of the chapter.

Keynote speaker for this year's triennial assembly was Dr. Gene Nisperos, Secretary General of the Health Alliance for Democracy. Dr. Nisperos presented a lively analysis of the national political and health situation. His crisp delivery and witty anecdotes were received well by the audience.

The Keynote speech was followed by the three (3) year Accomplishment Report by Mr. Jossel Ebesate, Chapter President who concurrently is also the National P.R.O. of the union. It was followed by the 3 year Treasurer's Report from Mr. Edgardo Enagan.

Mr. Clodualdo "Buboy" Cabrera, National President also came with a coterie of National and U.P. Diliman chapter officers, and delivered a brief message.

The election of a new set of officers (CY 2005 - 2007) was held through viva voce presided over by the Search and Election Committee headed by Mr. Eliseo Estropigan. Those elected for a 3 year term of office (with their respective position in the hospital/university) are as follows:

President - Jossel Ebesate, Nurse IV, DNRD, PGH
Vice President - Jesusa Besido, Administrative Officer IV, UPCM
Secretary - Rosamond Mary Olivar, Nurse II, LCB 1 4/F, PGH
Treasurer - Edgardo Enagan, Utility Worker IV, CVS, PGH
Auditor - Belinda Jubilo-Santos, Social Welfare Officer IV, MSSD, PGH
Public Relations Officer - Benjamin Santos, Utility Worker IV, Ward 12, PGH
Board of Director Members: Erlinda Bilog, Clerk IV, UPCN,
Freddie Waje, Student's Record Evaluator, CPH and;
Ma. Corazon Brito, Clerk IV, University Library.

The assembly also adopted that all newly elected and outgoing officers and the current unit representative committee chairs as the official delegates of the chapter to the 5th General assembly which will be held on December 3, 2004 (whole day) at Bulwagang Tandang Sora, College of Social Work and Community Development, U.P. Diliman. The chapter was entitled to 46 delegates based on June 2004 membership of 1,225.

The chapter assembly was capped by a simple but delectable lunch catered by the PGH Dietary Department.

Saturday, November 27, 2004

Reviving the Aquino-Galman Murder Case: Smokescreen to the Hacienda Luisita Massacre - Beltran

Mula sa Tanggapan ni Anakpawis Rep. Crispin B. Beltran
News Release/November 26 , 2004
House of Representatives, South Wing Rm 602931-6615
Ina Alleco R. Silverio, Chief of Staff
Email: paggawa@edsamail.com.ph, anakpawis2003@yahoo.com
Celphone number 09213907362
Visit: http://www.geocities.com/ap_news

Solon critical of motives behind moves to revive Aquino-Galman murder case; pushes for the reopening of investigations into Olalia-Alay-ay murders and Mendiola Massacre, among others.

Anakpawis Representative Crispin Beltran today said that the moves to reopen the Aquino-Galman murder case were connected to the ongoing investigations on the Hacienda Luisita Massacre last November 16 which claimed the lives of 14 farmwrorkers and wounded scores of others. Beltran said that the Cojuangco family led by former congressman Jose "Peping" Cojuangco, former president Corazon C. Aquino and Tarlac 2nd District. Rep. Benigno C. Aquino III were trying to divert the public's attention from the brutality they ordered to be unleashed against the workers and farmworkers of Hacienda Luisita and Central Azucarera de Tarlac, and turn the spotlight once more on the martyred Ninoy Aquino.

"It's impossible not to see a connection between these two developments. The investigations on the Luisita Massacre have been gaining headway and moving on towards the divulging of reasons why there is widespread discontent among the farmworkers and workers of Hacienda. The massacre is deeply rooted in the decades-long struggle for land and the Cojuangco's refusal to surrender what rightfully belongs to the thousands of farmworkers and their families. The Cojuangcos are deliberately trying to illicit sympathy from the public by reviving the Aquino-Galman case," he said.

Beltran said that if the martyred senator and acknowledged hero of the anti-dictatorship struggle were alive today, he would not have condoned what the Cojuangcos have done to the farmworkers.

"What is most important now is that not only should the perpetrators and masterminds of the Luisita Massacre be sacked and punished - among them labor secretary Patricia Sto. Tomas - but the roots of the land conflict in the Hacienda be arrived at.

The Stock Distribution Option (SDO) program in the Hacienda should be reviewed and then abolished, and the land genuinely and evenly distributed among all the farmworkers of the hacienda," he said.

The labor leader turned lawmaker said that if the Aquino-Galman case would be revived, then he is also pushing for the revival of the double-murder of labor leader Rolando Olalia and his aide, worker-activist Leonor Alay-ay who were both killed by the military in November 1996, a few months after Cory Aquino was installed in Malacanang.

"Ka Lando was became the president of the KMU after his father, Ka Bert Olalia died in 1983. He became the legal counsel of National Federation of Labor Unions (NAFLU). He also became the president, both of the Bagong Alyansang Makabayan (BAYAN), and Partido ng Bayan.

Because of his unflinching criticism of the continued exploitation that workers suffered even under the supposed 'revolutionary government' of President Corazon Aquino, Ka Lando like his father before him was targeted by military forces allied with the government.

Together with Alay-ay, Ka Lando was abducted on the night of November 13, 1986. The following day, their dead bodies were found. They bore signs of vicious torture. Ka Lando sustained four gunshots in the head, and six stab wounds in his torso. His mouth was stuffed with newspapers, his hands tied closely together with his own belt.

On the day of his burial, more than 600,000 workers and people from all walks of life joined the funeral march and demanded justice for his brutal murder. Work stoppages took place in 217 workplaces.

Beltran also said that the Mendiola Massacre case has not been resolved either - "Pres. Aquino did not push as hard as she should have for the resolution of the Mendiola Massacre, not even when it was made known that a large number of the participants to the rally that was attacked were from Tarlac and other provinces in Central Luzon." #

Monday, November 22, 2004

There's The Rub: Broke

Updated 01:09am (Mla time) Nov 22, 2004
By Conrado de Quiros
Inquirer News Service

Note: Published on page A14 of the November 22, 2004 issue of the Philippine Daily Inquirer

"HERE is a land in which a few are spectacularly rich while the masses remain abjectly poor. Gleaming suburbia clashes with the squalor of the slums. Here is a land consecrated to democracy but run by an entrenched plutocracy. Here, too, are a people whose ambitions run high, but whose fulfillment is low and mainly restricted to the self-perpetuating elite. Here is a land of privilege and rank-a republic dedicated to equality but mired in an archaic system of caste."

The one who said this was not Ka Paeng or Ka Pepe, it was Benigno "Ninoy" Aquino. He said this in an article in 1968 in the US journal Foreign Affairs. This was typical of what politicians and radicals alike were saying before martial law, particularly to warn that the country was a "social volcano" all set to explode. Aquino himself suggested the way by which the explosion might be averted: "The wealth that the oligarchy rapaciously covets and hoards must get down to the masses in the form of roads, bridges and schools; these are what the tao understands as good or bad government."

I remarked in the book "Dead Aim": "Caught in the rapture of his eloquence, Aquino forgot that his in-laws owned a hacienda that stretched as far as the eye could see. And one that would remain untouched by land reform two decades later."

The past comes back to haunt. As indeed do Cory's own words, when she promised during the "snap elections" that the first thing she would do was subject Hacienda Luisita to land reform. What a difference a month makes, which was all the time it took from the "snap elections" to Cory replacing Marcos, which turned out to be a sea change not just in the political landscape of the nation but in the moral outlook of the new governors. That was all the time it took for Cory to forget her vow.

Hacienda Luisita will always be a festering sore. It will always be the symbol of the failure of Edsa to move the country from tyranny to democracy, if by democracy is also meant-as Ninoy argued-the pushing back of oligarchic rule. You can't have a more oligarchic rule than feudal rule, which takes place in Hacienda Luisita notwithstanding its seemingly capitalist conversion into an industrial enclave. All the conversion shows is that, as in the days of the feudal manor, serfs are owned by their landlords body and soul. They can be told to do anything, including to agree to "stock option." Their well-being is a matter of manorial beneficence. They have no more power to determine the future of Hacienda Luisita, or their share of its profits, than beggars have the power to determine the amount of alms they can get from prospective donors.

Noynoy Aquino says leftists goaded the workers in Hacienda Luisita, who have been complaining about their lot, to strike. Well, so what? At the very least, try goading workers who have no deep-seated grievance to strike and see how far you'll get-these days, particularly, when work is harder to come by than honesty in GMA's government. May be leftists goaded the workers in Hacienda Luisita to strike-I can believe it-but they could not have succeeded if the workers were not ripe for the goading.

At the very most, workers have a right to strike. One would imagine congressmen would know that. A strike is neither illegal nor immoral, it is sanctioned by the Constitution and enshrined in the tradition of the workers' movement. Only Lucio Tan and now Ninoy's namesake think it is not.

While at this, if leftists had not goaded workers, farmers, students and other sectors to mount national strikes, or "welgang bayan," during martial law, the Aquinos would not be there. It was the efforts of the leftists to goad Filipinos to fight sleep in the early years of martial law that assured they would be awake to react to the murder of Ninoy much later.

Cory cannot understand why the workers refuse to accept her offer of sympathy and prayers for the dead? Well, if I recall right, Cesar Virata had to scurry away from Sto. Domingo Church after conveying to her the sympathy and prayers of Ferdinand and Imelda Marcos for the death of her husband. He feared being torn limb from limb. The sympathy and prayers of the one who caused you grief are never welcome. The life of Ninoy is not more important than the lives of the 14 workers who died in the blaze of gunfire from goons in the uniforms of cops and soldiers last Tuesday. Other than in oligarchic reckoning, which deems the lives of serfs as nothing compared to that of the lord of the manor.

"If it ain't broke," says Department of Agrarian Reform chief Rene Villa, "why fix it?" That is his reaction to calls for a review of the "stock option" plan.

What, the corpses of 14 workers strewn over a dusty road in Hacienda Luisita are not a sign something is broke? Again, maybe it's true leftists goaded the workers to strike. But as I wrote a long time ago, when Isidro Cariño, then the education secretary, said the same thing about the 3,000 public school teachers who went on strike against him, and vowed to hunt the goaders down, the words of leftists are nothing compared to the flailing of hunger. And hunger has no address.

But the 14 corpses lying on the ground point to something broke that's even bigger than that Hacienda Luisita hasn't been land-reformed. That is, that the foundations of democracy in this country are crumbling. No, more than that, that is, that the moral foundations of this country are crashing. Power has made people forget what it means to lose a loved one to tyranny.

Ninoy Aquino might have been talking of today when he said: "Here is a land consecrated to democracy but run by an entrenched plutocracy. Here is a land of privilege and rank-a republic dedicated to equality but mired in an archaic system of caste."

If that ain't broke, what is?

Friday, November 19, 2004

Open Letter of the UP Student Regent on UP Presidency

Carry on the Fight for Our Right to Education!
Defeat Malacañang Intervention in the Selection of the Next UP President!

An Open Letter from Student Regent Marco Dominic delos Reyes
19 November 2004


To the iskolars ng bayan and members of the UP Community,

Last 17 November, the Board of Regents met to elect the next UP President. For four rounds of voting through secret balloting, a stalemate persisted; six votes went to former Finance Secretary Edgardo Espiritu, six votes to UP Diliman Chancellor Emerlinda Roman. The BOR decided to hold another meeting on 22 November with the hope of breaking the tie. For the meantime, UP has yet to elect a new president.

The results, I think, reflect the division in the BOR between those who voted for Chancellor Roman for various reasons on the one hand, and those who wanted to impose upon UP a Malacañang puppet in the person of former Finance Secretary Espiritu on the other. Given Malacañang’s strength of will and numbers in the BOR, I believe the stalemate is a victory – albeit a tactical one – for the UP Community.

The criteria I used for voting was formed through consultations with the iskolars ng bayan and other sectors of the UP Community. The Congress of the Katipunan ng mga Sangguniang Mag-aaral sa UP provided a most important help in creating a students’ agenda for the selection of the next UP President. I also consulted other student formations, the All-UP Worker’s Union and the All-UP Academic Union.

In the end, I voted for Chancellor Roman. In the past, we iskolars ng bayan have either united with or struggled against her on particular issues. We have united with her most notably in fighting for greater state subsidy for UP and education and against US wars of aggression. On the other hand, we have struggled against her on the issue of commercialization, RGEP, Senate Bill 2587 and UP Charter Change.

What clinched my vote, however, were reliable information from different quarters that President Macapagal-Arroyo is hell-bent on intervening in the selection of the next UP President in order to impose someone who will be rabid in defending and implementing her policies for UP and education, and in supporting her national policies and stands. In short, she wants a Malacañang puppet as UP President.

Of course, I expected Malacañang intervention, given the high stakes UP has for the government. The government is beset with a fiscal crisis it plans to solve by, among other measures, reducing the budget for UP, education and social services. Large-scale commercialization measures are in the offing for UP: tuition fee increase through STFAP Rebracketting and commercialization of lands.

The violent dispersal of striking farmers in Hacienda Luisita comes to mind: With the fiscal crisis, the government is desperate to quell dissent, uphold the interests of a few and attack the democratic interests of the youth and people. One way for the government to do that in UP is to install a puppet president whose loyalty and service will not go to the UP Community but to Pres. Macapagal-Arroyo herself.

From this analysis, it became clear to me that my responsibility and task to the iskolars ng bayan and the UP Community is not just to choose a UP President but more importantly to expose and oppose Malacañang intervention in this process. The BOR meeting held yesterday merely validated the correctness of this analysis.

Who is Espiritu? He served as Finance Secretary in the cabinet of former President Estrada and held key Philippine posts of the ADB, World Bank and the IMF. He did not attend any of the public fora held in the UP campuses. On June 2005, he will be 70 years old, past the age limit for a UP president set by the University Code. This merely underscores the brazenness of Malacañang in trying to elect him.

In his vision paper, Espiritu attacks our fight for greater state subsidy, and says that UP does not need to “beg for subsidies from the national government.” While UP has been commercializing for years, Espiritu asserts that UP has not done enough. He proposes to further commercialize UP and reduce student admission. This vision for UP could only endear him, and others like him, to Malacañang.

In the same way that President Arroyo dwarfs her predecessors in wreaking havoc to the country and economy and serving the US, a Malacañang puppet – if not defeated in its quest for power – is headed to surpass other UP presidents in commercializing UP and attacking our right as iskolars ng bayan to education. He or she is a clear and present danger to the UP Community that must be opposed.

History teaches us a lesson. The last time there was an impasse in the selection of a UP President was in the late 1950s. It was widely believed that the Archbishop of Manila of that time, through President Ramon Magsaysay and the Education Secretary, was maneuvering for the selection of a UP President sympathetic to the Catholic Church. Because of this, UP had an acting president from 1956 to 1958.

The deadlock was ended after the students launched a strike and defiantly absented themselves from classes. The Board of Regents was forced to take action in electing Vicente Sinco, who is now known for “clashing with conservatism” in his term.* With the persisting undemocratic structure of governance that is the BOR, Malacañang can make the battle long and arduous for us iskolars ng bayan. But our weapons of vigilance, unity and collective action can be decisive.
Our fight is correct and just. Our opposition to Malacañang intervention is principled and not opportunistic. It is based on our democratic rights and interests. The proposed P67.9 M UP budget cut for 2005 is proof of the thrust of the Arroyo administration – that is, to pass on the youth and people the burdens of the fiscal crisis. Malacañang having its way on the UP presidency means more budget cuts, more attacks on the right to education of the iskolars ng bayan.

I therefore call on the iskolars ng bayan: It is our militant and collective action that can tilt the balance in the BOR. Let us carry on the fight for our right to education and defeat Malacañang intervention in the selection of the next UP President. Let us oppose the proposed P67.9 M budget cut, as well as other anti-student and anti-youth policies of the Arroyo administration. Let us also push for the democratization of structures of governance in the University.
Even if we succeed in defeating Malacañang intervention, we must and will continue to act and fight for our rights and interests. We will remain vigilant with every actions and policies of the UP President. What is pressing right now, however, is for us to come together, dialogue, and act as one to defeat Malacañang intervention.

I call on fellow iskolars ng bayan to join the mobilization at the Quezon Hall on 22 November, so we can assert our call directly to the BOR. Most important of all, let us walk-out of our classes and join the mobilization on 23 November to oppose the proposed P67.9 M UP budget cut. History is in our hands. I trust that the iskolars ng bayan will not default in acting to change it for the better.

Seize the day!

Mabuhay ang mga iskolar ng bayan!


*Milagros Guerrero, “Sinco’s Clash with Conservatism” in Oscar M. Alfonso, ed. University of the Philippines: The First 75 Years (1908-1983). Quezon City: UP Press, 1985.

Unprovoked Carnage

Streetwise
by: Carol Pagaduan-Araullo
Business World/Friday-Saturday, November 19-20, 2004

The words of regret and commiseration ring hollow.To the relatives of those killed among the Hacienda Luisita strikers and theirsupporters, President Gloria Macapagal-Arroyo's statement calling for "prudenceand sobriety on both sides" and for "settling the dispute in a peaceful andrationale manner" must be causing more agitation than calming their outrage atthe violent dispersal that left seven people confirmed dead, 43 wounded andscores arrested.Even as party-list representatives from Anakpawis and Bayan Muna, Rafael Marianoand Satur Ocampo, called for a thorough investigation of the violent enforcementby the PNP and AFP of a questionable return-to-work order issued by DoLE, it isclear the victims were the workers, their families and supporters and that theemployment of superior and inordinate force lay squarely on the side of government.It is appalling how the management and owners of Hacienda Luisita, Inc. (HLI),the heirs of Jose Cojuangco Sr., including no less than former President CorazonAquino, and Malaca§ang, through Labor and Employment Secretary Patricia Sto.Tomas, not only allowed this carnage to happen, but apparently colluded intrying to break the 11-day strike by employing the state's Armed Forces.

Contrary to the claims of HLI through its spokesperson, Atty. Vigor Mendoza,former congressman Jose "Peping" Cojuangco Jr. and presidential son Rep. Benigno"Noynoy" Aquino, the United Luisita Workers Union (ULWU) and Central Azucarerade Tarlac Labor Union (CATLU) had not closed themselves to negotiations toresolve outstanding differences and to avoid violence at the picket lines. In fact, Rep. Satur Ocampo and other progressive party list congressmen, with the consent and cooperation of the two labor unions, had been shuttling to and from the hacienda to try to find peaceful avenues to address the issues raised by thefarm and sugar mill workers.

Rep. Ocampo had been in touch with Secretary Sto. Tomas, apprising her of the situation wherein any assault on the strikers would invariably result ininnumerable deaths and injuries to even family members who had been helping their kin take turns at the picket lines, cooking food and providing all-out support. He appealed to her for government to show maximum restraint and assist in mediating the conflict rather than insisting on breaking up the strike and protest rally at the hacienda gates and calling out the police and military to do it.

Hours before Tuesday's assault, Ocampo had brought representatives of the strikers to dialogue with Peping Cojuangco. The latter even refused to meet withtwo ULWU representatives, claiming that a new set of officers had taken over theretrenched union officials. (The management continues to obfuscate the fact thatwhat triggered the strike of the farm workers in the first place was thedismissal of almost all of the new ULWU officials, along with 327 other workers,thus effectively undermining a new collective bargaining agreement beingnegotiated by ULWU with management.)

The dialogue ended in an impasse when Cojuangco insisted on both unions liftingtheir strike before any negotiations on their demands could be restarted and theworkers refusing to do so until they had assurances that management would facetheir demands.Soon after, all hell broke loose when soldiers and police commenced with theirbrutal attack using three armed personnel carriers, high-powered rifles, teargas, water cannons and truncheons.

Thus, there should be no whitewash of this condemnable use of the armed might ofthe state to crush an unarmed workers' strike and a protest rally of their supporters. Any decent and upright person, once the facts and circumstances arebrought to light, would join in the just demand for an impartial andthoroughgoing investigation to find out the truth behind the bloody dispersal aswell as the historical roots of the festering social conflict in Hacienda Luisita.The propensity of the spokespersons of the management and owners of HLI as well as that of Malacanang, DoLE, the PNP and AFP, to utilize the smokescreen of innuendoes against the Left, specifically Bayan, Bayan Muna and other militant organizations, should be exposed for what it is -- a blatant attempt to cover uptheir culpability in this massacre of defenseless people carried out to crush their fierce struggles for decent wages and better living conditions. Instead of recognizing the miserable plight, if not legitimate grievances, of farm workers, some of whom had pay envelopes showing a take-home pay of P9.50after deductions due to loans and advances, whose work days had been reduced toonce or twice a week or who had been unceremoniously fired from their jobs, the propaganda line of the Cojuangcos is that non-workers, non-Tarlaquenos and leftist troublemakers made up the bulk of people manning the picket lines.

Moreover, these "outsiders" were supposedly agitating with issues plucked out of thin air. According to HLI spokesperson Mendoza, these pertained to "rehashed issues" likethe stock distribution option (or what the family of Cory Aquino used to goaround land distribution mandated by law and demanded by generations of theirfarm worker employees) and other "non-labor" issues which were not specified,but by imputation had to do with political demands of the Left.

To criticism that Ocampo, Mariano and other progressive party-list representatives were partial to the strikers, their unabashed reply is "Yes, we are, because they are our constituents" and because, we may add, this is only being consistent with their genuine leftist politics which takes the interests and views of the deprived and oppressed masses as their own. Having said this does not mean Ocampo et al. cannot be objective and could not play a positive role in helping to mediate the conflict, at least in delaying if not preventing what Bayan-Central Luzon called the "unprovoked carnage" of lastTuesday.

Any attempt by government and HLI to still use squid tactics to obscure theworkers legitimate demands and red-baiting to muddle the real issues will fail in the light of their bloodied hands.

Monday, November 15, 2004

20 REASONS WHY PHILIPPINE PRESIDENT GLORIA ARROYO DOES NOT DESERVE A DOCTORATE FROM THE UNIVERSITY OF SAN FRANCISCO

By BAYAN-USA
November 11, 20041

  1. The fiscal crisis under Arroyo is the worst ever in the history of the Philippines. The country's external debt as of September 2003 stood at P1.5trillion, of which 51 percent is direct government debt to international financial institutions, such as the IMF and World Bank. The foreign debt eats up some 31% of the national budget. By January, 2004, total outstanding debts of the government already exceeded P3 trillion. Arroyo has borrowed the most among all Philippine presidents. The majority of the borrowing is from the United States. From 2001 to 2003 she borrowed more money in 3 years than Presidents Ramos and Estrada did for eight years, 1992 to 2000. Foreign credit analysts have started downgrading the Philippines as an investment destination. The purchasing power of the peso has steadily declined and is at its worst in 2004, from 1.49 in 1990 to .56 in 2004, (calculated at a 1994 value of 1.00).
  2. Her policies have increased poverty and now 88% of Filipinos today are poor. The Philippines slid from 77th to 85th place among countries in the world where people live under extreme poverty. In the National Capital Region, the P280 minimum wage is way below the needed P545.73 minimum wage for a family of six. Nationwide, a P125 minimum wage increase is needed to begin to get Filipino workers out of poverty. Some 481,000 peasants and fisher folks lost their livelihood within just one year, from April last year to April this year.
  3. She has made the wealthiest 10% of the population 80% richer in comparison to the poorest 10% of the population. In 1994, the top 10 percent income bracket earned 19 times greater than the income of the bottom10 percent of the population. Today in 2003 the top 10 percent income bracket earns 24 times greater than the bottom 10 percent. Her policies have proved to widen the income gap, inequalities and disparities, and further marginalize the poor and underprivileged.
  4. 10 Party-list representatives were murdered during the NationalPresidential Elections of 2004, all of whom were part of organizations who openly campaigned against her re-election. 6 campaigners of Bayan Muna were killed, 3 members of Anakpawis and 1 from Gabriela Women's Party had deaths. Many of these killings are allegedly under the auspices of the Armed Forcesof the Philippines, of which she is Commander-in-Chief. The 2004 elections were the bloodiest elections in the history of the Philippines since the Marcos dictatorship.
  5. There have been more Human Rights Workers killed under the Arroyo Administration than under Marcos. The killings of 14 human rights workers, those persons who investigate human rights abuses, are unprecedented under the Arroyo administration. Known alleged perpetrators, such as Col. Jovito Palparan, Jr. (a.k.a.-the Butcher of Mindanao), have been promoted to General under her administration.
  6. Attacks on Filipino journalists have reached crisis proportion, a substantial number under the Arroyo administration. Since 1986, 54 journalists have been murdered. 6 of them occurred in August of 2004. The National Union of Journalists in the Philippines (NUJP) are demanding justice, as none of the perpetrators since 1986 have been brought to justice. The journalists who are targeted are those who are exposing corruption in the government and those exposing scams and scandals by the Philippine landlords and wealthiest families. The first casualty of democracy is the truth.
  7. Her track record and attention to matters of human rights violations is one of the worst since Marcos. In May of 2003, Amnesty International, released a report that practically condemned the Arroyo administration for the increasing number of violations in 2002. The number of human rights violation (HRV) cases nationwide between January and May 2003 was 2,010 cases, representing 163,023 individual victims, 16,348 families and 70 communities. Most common human rights violations are harassment (i.e.-threats, surveillance, etc.) at 668 cases; unjustified arrest (230cases); killings (i.e.-summary executions, political assassination, massacre) at 140 cases; and forced evacuation (127 cases).
  8. Contractualization and job lay-offs under Arroyo are widespread, increasing up to 85 percent nationwide in 2001, since 1992. The practice of hiring workers on contractual basis has deprived workers of their right to job security, benefits, right to organization and grievance. For example, magnate Henry Sy, who owns ShoeMart, employs 20,000 contractual employees in 15 malls nationwide, and only around 4,000 of his workers are regular employees. Contracts last for 3 to 5 months.
  9. She extended the national Comprehensive Agrarian Reform Program (CARP) to 2008, which is notorious for being a bogus land reform policy. After 16 years, CARP has had inconsequential impact on the peasant population. CARP is estimated to have benefited less than 5% of an estimated 10 million farmers nationwide. CARP is notorious for its loopholes which have allowed large landlords to re-cover, retain or be exempted from land re-distribution to peasant farmers (such as the Aquino family in Tarlac or the Cojuanco family's monopoly of land for coconut production).
  10. Indigenous groups are decrying 7 years of the IPRA Law and the violations of indigenous peoples rights under the Arroyo administration. Indigenous peoples have exposed the Indigenous Peoples Rights Act (IPRA) as "toothless" in protecting their rights. The Mangyans of the Bigkis at Lakas ng mga Katutubo sa Timog Katagalugan) said foreign-owned development projects like mining and mega-dams violate their rights and place the ills of liberalization on the lands of indigenous peoples. They said the IPRA empowers the state to control and supervise exploration, development and utilization of natural resources, it disempowers the indigenous peoples from using the resources in their ancestral lands. They said the government titling and certification of ancestral land is a violation of their rights.
  11. Arroyo has allowed the education budget to be slashed, impoverishing Filipino children and youth. According to the Wallace Report, there are 1.7million children in the Philippines aged 7 to 12 who are not in school because of poverty. Education spending has dropped from 19.3 percent of total government expenditures in 1997 to 15.5 percent in 2004. The average government spending on education per student is $170. This pales incomparison to Thailand ($550) and Malaysia ($930). There is a 73% drop-out rate in tertiary education. Based on the Wallace Report last June, of 100 who enter primary school, only seven shall be able to finish college.
  12. She introduced 8 new tax measures which focus on raising indirect taxes from the pockets of the poor, while corruption is rampant in her administration. The budget deficit reached P200 billion ($3.57 billion) in2003. As austerity measures, Arroyo introduced new taxes by: shifting to agross income tax system, implementing a P2 peso across-the-board increase on petroleum products, increasing the value-added tax on common goods from 10%to 14%, increasing taxes on alcohol and tobacco products, increasing government service fees and charges, and placing a tax on text messaging. Meanwhile, the purchasing power of the peso is falling, which means that the money left over for Filipinos after taxes buys less than before. Also,corruption cases such as that of General Garcia of the Armed Forces of the Philippines and the prolonged justice against deposed "President" Estrada go without just resolution.
  13. Water remains unaffordable and inaccessible after she privatized public water. Since the privatization of the Manila Waterworks and Sewerage System(MWSS) in 1997, water rates in Metro Manila have increased by as much as 400 percent. Furthermore, only 57 percent of the population covered by the newly privatized company, Maynilad, have 24-hour water service. Privatization has increased foreign-ownership of Philippine water by multi-billions of dollars of investment, which has the impact of placing public water issues in the hands of foreign owners.
  14. Her policies on deregulation of the oil industry failed to bring down oil prices and instead increased oil prices to unprecedented levels. Arroyo ignored consumer groups and other cause-oriented organizations who called for the long-standing nationalization of the oil industry as the alternative to deregulation. In a recent report by IBON Foundation, oil companies were found to have over-priced their products by P0.16 per liter, and garnered extra profits amounting to P216 million ($3.86 million) for the period. The increase in oil prices makes the prices of basic commodities, such as transportation fares, gas for cooking, and other products.
  15. Arroyo's further privatization of the oil industry puts oil further into the hands of oil barrons, foreign ownership and monopoly pricing, with little public accountability. Arroyo plans to sell 3.75 million government shares in Petron to private corporations in order to raise money for the national deficit. This revenue generating scheme being prodded by the IMF/World Bank is in collaboration with the scheme to deregulate the downstream oil industry in the Philippines, and put the Philippines crucial oil needs under stronger foreign control. Petroeum prices have increased 7 times this year and 61 times since the oil industry was deregulated in 1996.
  16. Arroyo implemented new "unbundled power rates" and privatized the National Power Corporation of the Philippines. At the behest of theIMF/World Bank, Arroyo's privatization increased the prices of electricity and had the public foot the bill for stranded debts. The private company that benefited is MERALCO. Arroyo unfurled legislation featuring: the unjust and oppressive purchase power cost adjustment under four cost charges; a 16.7 centavos overcharge; a socialized pricing scheme that allows Meralco to get hundreds of millions of additional profit; and, stranded debts and contract costs of privatizing will be paid by consumers instead of by private companies.
  17. Arroyo was exposed and allegedly guilty of using government funds to finance her electoral bid. According to former Solicitor-General Frank Chavez, the government money used to finance Arroyo's presidential campaign could amount to as much as P15 billion ($267.9 million).
  18. Arroyo re-tooled the government's labor-export policy to support the United States' war of aggression and colonial occupation of Iraq. The policy can now be called labor-conscription which aims to recruit overseas Filipino Workers (OFWs) to render auxiliary services that the U.S. armed forces need in their wars of aggression today. Wanting to cash-in on the spoils of war, Arroyo in April 2003 sent Roberto Romulo as head of the newly-formed Philippine Public-Private Sector Partnership for the Reconstruction and Development of Iraq to Washington DC to promote the export of 100,000 overseas Filipino workers to the Middle East. Of 4,000 OFWs in Iraq, 80 percent are employed by Prime Projects International (PPI), a subcontractor of US Vice President Cheney's Halliburton KBR Engineering & Construction. Workers are exploited and are at great risk, not to mention the policy displaces thousands of potential Iraqi workers.
  19. Arroyo has been declared a war criminal by the International Criminal Tribunal for Iraq (ICTI). Held on October 16, 2004 at the Camelot Hotel in Quezon City, the ICTI was joined by prominent international jurors and prosecutors. The ICTI said Arroyo made the Philippines an unwilling partner in the U.S. wars of aggression in Afghanistan and Iraq. She stands guilty of violating the independence and sovereignty of these countries as well as the Philippines' 1987 Constitution, which mandates a peaceful foreign policy, its own commitment to the United Nations and to international law. The ICTI also held Arroyo accountable for making the entire Philippine territory a haven for American war criminals by granting them immunity from prosecution before the International Criminal Court (ICC).
  20. GLORIA, RESIGN! On October 21, on National Peasant Day, a protest demonstration became an occasion to air the growing demand for the resignation of President GloriaArroyo. Peasant protesters held a "Street Conference" and launched a "Manila Declaration," a petition aiming to gather a million signatures for the resignation of Arroyo. Some 481,000 peasants and fisher folks lost their livelihood within just one year, from April last year to April this year. The declaration assailed the anti-peasant and anti-people policies of the Arroyo administration, including agricultural trade liberalization and the absence of a genuine agrarian reform program.###

BAYAN-USA/522 Valencia Street, San Francisco, CA 94110
bayan-usa@riseup.net

Sunday, November 14, 2004

2004 Merit Incentive and Rice Subsidy Released to UP Manila Employees

Release of both benefits belied the rumor that the P1,000.00 worth of rice subsidy will be deducted from the P5,000.00 Merit Incentive Bonus.

The first batch of the 2004 Merit Incentive Bonus amounting to P5,000.00 and the P1,000.00 worth of Rice Subsidy equivalent to 56 kgs. of Sinandomeng rice variety were released last week to all qualified UP Manila and PGH employees. The distribution of rice subsidy was started on Monday, November 8, 2004 and as of Friday, November 12, 2004, only about 300 of the 3,409 qualified employees have yet to received their rice deliveries. Meanwhile the first batch of the 2004 Merit Incentive Bonus amounting to 5,000.00 was released early evening of Thursday, November 11, 2004 through each employees' Savings Account in the Philippine National Bank.

The release of P5,000.00 Merit Incentive belied the persistent rumor since last month in employees' lounges that the rice subsidy for this year will be deducted from the merit incentive bonus.

The Merit Incentive Bonus was authorized through the 1188th meeting of the UP Board of Regents (BOR) held last October 28, 2004 and the subsequent Memorandum No. FN-04-26 dated October 29, 2004 issued by President Francisco Nemenzo. The said BOR meeting further gave authority to President Nemenzo, "to give additional merit incentive and the authority to decide when such merit incentive shall be released." Said BOR meeting further clarified that the merit incentive is not a "new" or "additional" benefit which are suspended under Section 3 (b) of Administrative Order 103 of President Gloria Macapagal Arroyo dated 31 August 2004 "Directing the Continued Adoption of Austerity Measures in the Governement." It states finally, that the grant of merit incentive "is also in keeping with the Collective Negotiation Agreement (CNA) between U.P. and the All U.P. Workers Union.

In the history of merit incentive bonus in the University, the lowest was given in the year 1999 when U.P. and P.G.H. employees only received P2,500.00. The All U.P. Workers Union then was not the recognized union of of the University. The Merit Incentive Bonus only goes up to P10,000.00 level starting in 2001. Incidentally, 2001 was also the year that the All U.P. Workers Union won in the Certification Election held on April 2001. Such amount was maintained in 2002 and went down a bit at P9,000.00 in 2003.

This year 2004, as early as October 18, 2004 our National President, Mr. Clodualdo "Buboy" Cabrera wrote President Nemenzo, conveying our request for the said incentive saying that: "sana'y mas higit pa sa ibinibigay sa nakaraang tatlong taon." Said letter further expresses our collective concern in stating: "Napakalaki ng maitutulong nito sa lahat ng empleyado upang kahit papaano ay makaagapay sa napakatinding krisis pangkabuhayan na dinaranas ng milyong-milyong mamamayan sa kasalukuyan."

Ex-AFP Inspector-General Sees Whitewash in Court Martial vs General

Retired Navy Captain Danilo Vizmanos, formerly with the AFP Office of the Inspector General, is not convinced the court martial proceedings recently initiated against Maj. Gen. Carlos Garcia would result in a fair rendering of justice. Court martial proceedings can actually be used to perpetrate a whitewash in military scandals, he says.

BY ALEXANDER MARTIN REMOLLINO
Bulatlat

The court martial proceedings initiated last week against Maj. Gen. Carlos Garcia, former Armed Forces of the Philippines (AFP) comptroller, are not assurance that justice will be done in his case, according to retired Navy Captain Danilo Vizmanos former AFP Inspector-General.

Garcia presently stands accused of amassing some P143 million ($2.55 million based on a $1:P56 exchange rate) in ill-gotten wealth. The difference between his income in the last 10 years and his total expenses for the same period amounts to only P2.57 million.

President Gloria Macapagal-Arroyo, apparently feeling the impact of public pressure to act against military corruption, had called for court martial proceedings against Garcia.

But the Garcia corruption case has also triggered a constitutional crisis, with the Sandiganbayan (anti-graft court) split over whether to continue administrative charges against the former AFP comptroller and the AFP insisting on its court martial jurisdiction.

Questions have been raised on whether the supremacy of civilian courts is now being undermined again by the AFP just like what happened under martial law in the 1970s.

What happens in a court martial?

Taking off from the Garcia case, Vizmanos said: “There should first be an investigation, it could be by the inspector-general or the provost marshall, depending on the nature of the case. In the case of Garcia, it may be the inspector-general. That is to find out whether there is indeed something fishy going on – to unearth the facts of the case, so it’s something like a fact-finding operation.”

If there is an established basis, the inspector-general would recommend to the AFP chief of staff that a pre-trial investigation be conducted. The chief of staff would then appoint a pre-trial investigator; usually any officer could serve as pre-trial investigator. “But in big cases like the Garcia scandal,” he said, “the investigators would have to come from the Judge Advocate General’s Office (JAGO).”

The pre-trial investigator, who serves as the counterpart of the civil court’s fiscal, will look into the case to see if there are reasonable grounds for filing a case. If warranted, the pre-trial investigator would prepare a charge sheet.

The charge sheet would then be referred to the JAGO and sent to the chief of staff or any concerned officer. The concerned officer would become a convening authority and issue orders for court martial.

There are three kinds of court martial: general court martial, special court martial, and summary court martial. The summary court martial, the lowest level, has only three members; while in the special court martial there are five members. The general court martial has seven members.

The court martial officers, according to Vizmanos, should be equal in rank to the accused, or higher. “In the Garcia case it is rather difficult for them, considering Garcia’s rank: the court martial officers to try him should be major generals or higher.”

Appointment of court martial officers

“Now, it is in the appointment of court martial officers that you can sense whether or not there will be any justice done,” Vizmanos reveals. “You can see in this where the sympathies of the superior officers lie: whether they are in favor of the prosecution or the defense.”

This can be figured out, Vizmanos said, from the composition of the officers appointed to the court martial. “Who is appointed trial judge advocate (the counterpart of the civil court’s prosecutor), who is appointed defense counsel – because they are all appointed by just one authority, the convening authority.”

In the Garcia case, Vizmanos pointed out, “the convening authority is the chief of staff.”

“If the convening authority is biased toward the defense, he would appoint a former classmate or schoolmate, or even someone who is involved in the case,” Vizmanos said. “So if the chief of staff is also involved, he could weaken the case by appointing a mediocre trial judge advocate and putting the more competent ones in the defense side. They could even get civilian lawyers to help the defense.”

“In the Garcia case, the office of the chief of staff is apparently also involved,” Vizmanos said, “and yet it is the convening authority for the court martial. So it is possible that the court martial proceedings would continue, but the proceedings may be confined to only one person.”

Lawyer Roel Pulido, who presently handles the case of some 300 soldiers who staged an armed protest action in Makati City last year against military corruption and atrocities against the civilian populace, agrees with Vizmanos on the argument that court martial would not necessarily bring justice. “The court martial may even be used to exonerate accused officers favored by the higher-ups or prevent the entire truth from coming out,” he told Bulatlat in an interview.

Pulido also said that his clients have not told him of any single case in which top-ranking officials were convicted in court martial proceedings.

In a court martial, Vizmanos said, the whole truth will not necessarily come out. “It could be only a partial truth that would come out of the proceedings,” he pointed out. “The court martial can be a means of covering up the whole mess, sacrificing one person and keeping others off the hook.” Bulatlat

© 2004 Bulatlat ■ Alipato Publications

Pro-poor Response to the Fiscal Crisis

By Antonio Tujan, Jr. and Arnold Padilla, IBON August 2004

The challenge for the Arroyo administration is how to unite the various sectors in supporting the campaign of the President to tame the fiscal crisis. The admission of the President that the country is in the midst of a fiscal crisis following the report of the University of the Philippines (UP) School of Economics was meant to achieve this. But is unity possible under an anti-poor response to the fiscal crisis?

The challenge for the Arroyo administration is how to unite the various sectors in supporting the campaign of the President to tame the fiscal crisis. The admission of the President that the country is in the midst of a fiscal crisis following the report of the University of the Philippines (UP) School of Economics was meant to achieve this. But is unity possible under an anti-poor response to the fiscal crisis?

Popular support

The declaration of the President was meant to create public alarm and gain popular support for the new taxes that government wants to impose. It was meant to pressure Congress to give the President emergency powers to better steer the country during a ‘state of fiscal crisis.’ However, the admission did not achieve its desired result but only caused further speculation in the economy. The foreign exchange rate slid back to $56: P1 while the stock market faltered and the banks’ risk premium increased. Legislators opposed to the new taxes including those who supported the President last May elections have remained firm in their position. The proposal for an emergency power was shot down at once.

Burden sharing

Malacañang and the UP School of Economics harp on unity and ‘burden sharing’ among government, the business sector, and the ordinary folk to find a meaningful solution to the fiscal crisis. But for the poor, it is not acceptable not only because they cannot bear any longer the burden of rising cost of living, unemployment, and low income. The measures being proposed by the President and the UP School of Economics actually pass most of the burden to the people. A correct understanding of the root of the fiscal crisis is required if government seriously wants long-lasting solutions. This also enables government to design short-term measures that are more acceptable and more pro-people.

Debt management

The most important first step to address the fiscal crisis is a review of government’s debt management. Government looks at debt as an instant remedy rather than the root of its fiscal woes. In fact, even as the President recognized the fiscal crisis, government continues to borrow heavily from foreign creditors. Between March and July, foreign debt has jumped from more than $56 billion to almost $61 billion. In the first half of the year, foreign loans comprised 37% of gross borrowings. The original target was only 16 percent. This worsens the fiscal position of government since its debts get more exposed to currency fluctuation.

Meanwhile, automatic debt payment bleeds the public coffer dry. The proposed debt service for 2005 is P646 billion compared with P10 billion for health and P112 billion for education. Malacañang should endorse current efforts in Congress to review how government manages its debts.

At a time of fiscal crisis, it is more necessary to impose a cap on borrowings and payments so government can have more flexibility in managing the people’s money and protecting the people’s welfare. If the Arroyo administration can only muster enough political will, it can negotiate with the country’s creditors to reduce some of our debts. Government must re-negotiate onerous debts like the P500-billion debt of the National Power Corporation (NAPOCOR) to lessen its impact.

Customs collections

With a debt cap easing the fiscal hemorrhage, government can look for ways to raise additional revenues and reduce the budget deficit. But government does not need to impose new taxes that are regressive and anti-poor like the P2 per liter increase in specific tax on oil products and the two-step hike in value added tax (VAT). Instead government must raise its customs collections by increasing the tariff levels of agricultural and industrial imports that have been liberalized under the World Trade Organization (WTO). Since 1996 (the first year of the WTO), the Bureau of Customs’ (BOC) tax to GDP (gross domestic product) ratio has progressively decreased from 4.8% to 2.4% in 2002.

Investment perks

The Arroyo administration can also reduce the incentives it gives to attract foreign investors. The Department of Finance (DOF) recently reported that the country waived P229 billion in potential revenues last year due to the numerous tax breaks and duty exemptions granted to businesses. Even if government suspends 50% of these perks, the Bureau of Internal Revenue (BIR) and the BOC can still collect around P165 billion.
The Department of Trade and Industry (DTI) is now reviewing the incentive packages of the Board of Investment (BOI) and the Philippine Export Zone Authority (PEZA). The DTI should focus on the perks of big foreign corporations and maintain the incentives for small local businesses.

Plug leakages

Another doable measure to improve the country’s revenues is to plug the leakages in the tax collection system. Estimates show that uncollected revenues from interest income tax, documentary stamp tax, gross receipt tax, excise tax on tobacco products, value added tax, individual and corporate income tax reach more than P179 billion.

If the BIR can recover even 50% of this uncollected amount, it still translates to almost P90 billion-- P10 billion more than what government projects it can collect from the new tax measures.

Another estimate, meanwhile, says that a measly 1%-improvement in our tax collection effort (tax to GDP ratio) means P32 billion more revenues for government.

Unity means pro-poor

The fiscal crisis hurts the poor Filipinos more than it hurts the rich and the big corporations. A fiscal crisis means that the resources of government are so drained that it can no longer fund social services and development projects for the poor. Thus, asking the poor to pay more taxes so that we can get out of the crisis is doubly unjust. Only under a pro-poor management of the fiscal crisis will make Filipinos rally behind the Arroyo administration during this difficult time.

IBON Features
Bulatlat

© 2004 Bulatlat ■ Alipato Publications

Thursday, November 11, 2004

Much Ado Over Nothing

Release of Yearend Bonuses No Big Deal, Civil Servants To Continue Our Demand For Salary Hike - COURAGE

Press Release
November 11, 2004
Ferdinand Gaite

They could heave a sigh of relief that their bonus will be released but stressed there’s nothing to celebrate as their salaries remain frozen at starvation levels. This was the reaction of government workers to the announcement that the Department of Budget and management has released P9.3B for their Christmas bonus.

In a statement, the militant COURAGE said Malacanang’s announcement is no big deal to the 1.4 million or more government employees because as far as the economic realities of government employees are concerned, the traditional yearend bonus and cash gift has been long spent even before it is received. The 13th month pay has been collateral for loans. Moreover, Malacanang did just that, ANNOUNCE, because the payment of the yearend bonus is mandated by law, and by practice government offices release said benefits between November 16 and 30.

Ferdinand Gaite, COURAGE National President said the fund release is the least the government could do to prevent itself from further fueling the growing restiveness among the employees. Earlier, Malacanang was said to have been contemplating on delaying or even withholding the state workers’ bonus citing the fiscal crisis.

“It would have made a difference if it is our demand for a salary increase. The yearend bonus would only pass our hands and in some cases from the payroll straight to the money lenders and loan sharks. In fact, what we will receive is the payment of the remaining 50% of our yearend bonus and the Php2,500 cash gift. We have already received half of it in May and was used to finance our children’s tuition fees. So what would be left to us is still mounting unpaid loans. It is the reason why we insists on a long overdue salary adjustment”.

Government workers are demanding a P3,000 across the board salary increase for all government employees nationwide citing the increasing cost of living. The last time they got a raise was way back in 2000, a measly 5% of their basic pay which then stood at P4, 800. The increase was equivalent to P240.

“With a monthly salary of P5,082 and the price of a Liquefied Petroleum Gas increasing from P300 in 2000 to P460 this month, how does the government expects us employees to survive? Just about everything has gone up, fuel, electricity, transportation, water and even the prices of basic goods and services but not our salaries!”

Gaite announced that government employees are set to hold their biggest rally this coming November 24 in Mendiola. “We will bring to Malacanang’s attention all our issues – pay hike demand, ouster of GSIS PGM Garcia, opposition to rationalization plan, transfer of offices, reorganization, privatization and other forms of lay-off. As the sole employer of the biggest workforce, this government has become bereft of any moral authority given the way it treated its workers”. #

Monday, November 08, 2004

Don't Blame Rank-and-File For Low Collections - Rep. Beltran

Mula sa Tanggapan ni Anakpawis Rep. Crispin B. Beltra
News Release
November 9 , 2004
House of Representatives, South Wing Rm 602931-6615
Ina Alleco R. Silverio, Chief of Staff
Email: anakpawis2003@yahoo.com
Celphone number 09213907362

Rep. Beltran defends rank and file employees of Bureau of Customs against accusations of low collections; slams IMF, WTO programs in the agency.

Anakpawis Representative Crispin Beltran once more takes up the cudgel for government employees and their rights to security of tenure and benefits by opposing House Bill No. 2996 or the Committees on Civil Service and Professional Regulation, Oversight, Ways & Means and Appropriation's Report No. 28 authored mainly by Representatives Danilo Suarez, Imee Marcos, Mauricio Domogan, FrancisNepomuceno, Jesli Lapus, and Rolando Andaya Jr. among others. The bill, titled "An Act Providing for Optimum Performance in Revenue Collection through the Grant of Special Incentives and Rewards for Exemplary Service and through Lateral Attrition in revenue generating agencies of the government and for otherpurposes," is more commonly known as the LAL, or the Lateral Attrition Law.

Beltran said that employees in the GFIs and the revenue-generating agencies such as the Bureau of Internal Revenue and the Bureau of Customs were up in arms against the LAL, saying that the proposed law was premised on unjust grounds and biased against employees. "The proposal tries to pass itself off as a system of reward and encouragement to generate increased collections, but in truth it is nothing but a streamlining program that viciously does away with due process and attacks employees' constitutionally-guaranteed rights to security of tenure," he said. "The national government is using government employees as its whipping boys and sacrificial lambs in its desperate attempts to scrimp and save.

"Beltran said that it was immoral, illegal and unjust that the government is blaming rank and file employees from the low collection of taxes and other revenues. He said that government employees in the affected agencies performtheir tasks to the best of their abilities, but they only act within the rulesand regulations governing their agencies. "The programs being implemented in the agencies and the systemic corruption in the higher offices are the real problems, not the employees," he said.

Beltran pointed out that in the BOC, for instance, there are there are programs and policies that hinder the increase in agency collection: the 11-point reform Program of International Monetary Fund (IMF) in the BOC geared towards liberalization and biased for foreign investors; the faulty Philippine taxComputerization Program (PTCP); the tariffication program imposed by the WorldTrade Organization (WTO); gargantuan tax exemptions for big businesses; shift of valuation system from fair market value to export value to transaction value; the selectivity system (95% of the goods that enter the country are no longer examined and automatically allowed entry; and direct/technical smuggling.

"So why are the employees being blamed for low collections? It's strategically impossible for them to be at fault for the supposed under performance of the BOC.

The core programs and the system of checking, monitoring and tarrification being implemented in the BOC are opposed to high revenue collection, but biased for foreign investors and their big local business partners," he said.

He also pointed out that the Philippine Tariff Computerization Program (PTCP) for BIR and BOC was also implemented by the National Government. The PTCP got $150M financial loans from the IMF-WB, but the program was a washout. The computer hardware for the said project was provided by UNISYS, and the computer software was provided by UNCTAD. The system uses the software ASYCUDA++ (Automated System Customs Data). Crown Agents was also hired as PTCP's project consultant. The computers and the servers are constantly bogging down. Despite the computerization system, the project was not successful both in increasing revenues and ending corruption in the BIR and BOC.

Finally, Beltran scored Malacanang for its moves to reshuffle the leadership in the BOC, justifying the reshuffle to low collections. Head collectors from Subic, Clark, Tacloban and Batangas have been recently reshuffled."This is more than likely the beginning of the comprehensive reorganization in the BOC," he pointed out. "Malacanang is already moving to put its key people in the BOC as a prelude to the implementation of the lay-offs of the rank and file," he said.#

Thursday, October 28, 2004

Cover-up in the Military

By: Raphael Martin/Glenda M. Gloria,
Contributing Writer/Managing Editor
Newsbreak (October 28, 2004)

This is the sad story of how military generals protect their own, and why.

As early as January 2004, the Armed Forces leadership got wind of reports that about US$100,000 being taken to the US in December 2003 by a son of Maj. Gen. Carlos F. Garcia had been intercepted at an American airport for being undeclared. The military leadership did not lift a finger to verify the reports, much less investigate the elder Garcia.

In March, claiming he had no hard evidence to prove the “rumors,” Gen. Narciso Abaya, Armed Forces of the Philippines (AFP) chief of staff, chose an easy way out of the mess: he transferred Garcia from the lucrative position of J6 (AFP deputy chief of staff for comptrollership) to J5 (AFP deputy chief of staff for plans and programs), which has the lowest budgets of all the J-staff offices in Camp Aguinaldo.

Over dinner in early August with NEWSBREAK, after we wrote a blind item on the US airport incident, Abaya disclosed that he had been “hearing things” about Garcia, thus his decision to move him to J5. “At least, walang pera doon (There’s no money in that office),” he explained.

The transfer didn’t sit well with some officers.

From March to June, the recalcitrant Army Col. Ricardo “Dick” Morales—one of the presidential guards of former President Ferdinand Marcos who joined the rebel movement that staged a coup against him in 1986—pestered Abaya with text messages asking him two questions: first, if the reports about Garcia’s son were true; second, what the AFP leadership intended to do about it. Abaya himself had told NEWSBREAK that “Morales has been busy texting me about Garcia.”

By July, feeling nothing was being done about it, Morales decided to write Abaya. In his July 15 letter, Morales told the AFP chief that as far as he knew, the US had already relayed the information to the Intelligence Service of the AFP (Isafp). It was the talk in military camps. While he didn’t want to prejudge Garcia, Morales told Abaya, the comptroller had to come clean for the sake of the institution.

Morales also asked Abaya if Garcia’s transfer to J5 had something to do with the US incident. Morales thought: Is Abaya now sending signals to the AFP that the J5, which attracts the strategists and good writers in the military, is a lounging area for the corrupt?

Abaya called up Morales and ordered him to bring his complaint to the AFP Office of Ethical Standards and Public Accountability (OESPA), the unit tasked to look into complaints against soldiers. Morales did, only to be asked by an OESPA officer for advice on how they should proceed from that information. The head of the OESPA, Vice Admiral Ariston de los Reyes Jr., who was Garcia’s classmate in the Philippine Military Academy (PMA), did not deem it necessary to inhibit himself from the case.

“We did not know who among the US authorities we were supposed to deal with regarding the incident. The information from the letter only said so much,” De los Reyes told NEWSBREAK. The AFP was satisfied with Garcia’s August 2 letter to Abaya explaining that the money had come from loans from friends and relatives.
If the military bosses wanted to probe Garcia’s dollar possessions and other assets in the US, they would have gotten results—easily.

The Philippine military is the staunchest ally of the US in the region, and Abaya, a West Point graduate, has extensive personal and official networks with American authorities. The Philippine-US Joint Defense Assessment has been in place since last year, a mechanism that allows officials from the Pentagon and the US Pacific Command to assist the military on key reform areas.

One phone call by Abaya would have led to a discreet probe of Garcia’s properties in the US and an accounting of how much his family had carried through US airports in the last few years.

Internally, the chief of staff enjoys the power of moral suasion over his peers. Abaya, even if he is chair of the board of the AFP Savings and Loans Association Inc. (AFPSLAI) where Garcia has millions in deposits, could not poke into the transactions since the bank is covered by Central Bank rules. But through informal channels, the chief of staff can get information from the bank, which is run by retired military officers.

Abaya, however, told a House hearing that he needed time to gather evidence against Garcia and that “we were already overtaken” by the Ombudsman’s actions.

Two things stopped the AFP high command from investigating Garcia: the unchecked, antiquated procurement and disbursement system in the AFP and the culture that pervades among men in uniform.
It doesn’t help that the defense secretary, lawyer Avelino Cruz, is new on the job. While many favor the appointment of a civilian to the helm of the defense department, Cruz has a handicap at this crucial time: he barely knows the complex organization to be able to crack the whip on it.

“He has to fight tooth and nail to change the culture [in the military],” said Orlando Mercado, the first civilian defense secretary in the post-Marcos era.

Lucky General

Until his questionable wealth was exposed, Garcia had the best of both worlds. He belonged to two powerful cliques in the Armed Forces: the class of 1971 of the PMA, which includes Abaya (who graduated on the same year from West Point but is included in the PMA Alumni Registry as a member of the class) and the so-called comptroller family, a tight, exclusive bloc of military officers who corner appointments to comptrollership positions. If one is to find another explanation for this stroke of luck, Garcia, like Abaya, is an Ilocano.

Until last year, Garcia was class president of the Class 1971 alumni. A PMA classmate describes him as a “very generous” officer.

No senior officer of the AFP in recent history has been punished for corruption or incompetence in the battlefield. At the most, they are transferred to remote provinces, put on a “floating” status, or, like Garcia, named to a low-budget unit.

Two senior generals had been investigated and charged with corruption in high-profile cases—but only after they had retired. They were former AFP chief of staff Gen. Lisandro Abadia and his PMA classmate (1962), retired Brig. Gen. Jose Ramiscal Jr.

Abadia was former comptroller of the Army (G-6) while Ramiscal was former J6. Ramiscal is facing 24 graft cases and 148 counts of estafa before the Sandiganbayan for allegedly mismanaging the AFP Retirement and Separation Benefits System (RSBS). A similar graft case was recommended by the Senate against Abadia, and this is still pending with the Ombudsman. Both men were charged by civilian agencies.

In January 2002, the AFP investigated four Army and Air Force officers for their involvement in selling duty-free goods in the black market in East Timor, where they were assigned as part of the United Nations peacekeeping force. The case was so embarrassing to the country that the military leadership threatened to dismiss them from service. Today, the alleged leader of the black market group, Army Col. Allan Bontuyan, is the deputy commander of an Army task force based in northern Mindanao. The military had cleared him.
Garcia undoubtedly knew the military culture well enough to get reckless in the last two years before his scheduled retirement in November 18 this year.

In 2002 alone, immigration records showed that he made a dozen trips abroad—Europe, US, Singapore, Hong Kong—even if his work didn’t require him to do so. The same records obtained by NEWSBREAK showed that the general made seven trips abroad in 2003, including a trip to Europe in early December with his wife, a military aide, and the latter’s wife. After that European trip, Garcia went to the US on Dec. 29, 2003. Between the Europe and US trip was the incident of December 19, when his son was apprehended at the San Francisco airport for failing to declare $100,000. The son was traveling with his younger brother.

It was in 2002, a year after his appointment to J6, that Garcia’s bank deposits and properties rose. That year, his deposits in AFPSLAI reached P7 million. In 2003, he took $200,000 to the US as downpayment for two posh condominium units in New York. From January to March this year, he made three outward dollar transmittals amounting to P27 million.

Estimates show he must have brought P71 million to the US from 1993 to last year, enough to buy 71,000 pairs of boots for soldiers or provide a one-year meal allowance to 6,500 troops.

Marcelo’s shock

Unfortunately for Garcia, Ombudsman Simeon Marcelo has been busy training his field investigators and prosecutors. Bogged down by a meager budget when he was appointed to the post in 2001, Marcelo had to tap grant money to help him improve the work of his staff. Among the aid agencies that have been funding Marcelo’s training programs is the US government’s aid agency that has been working in the Philippines for a long time now—the USAID.

Early this year, upon Marcelo’s request, Usaid brought officials from the US Customs and the Federal Bureau of Investigation to give a lecture to Ombudsman investigators. That’s when Marcelo personally met with officials of these agencies, who have since kept in touch with him. And that’s why Marcelo got to pin down Garcia—not because of some US conspiracy, as raised by Sen. Juan Ponce Enrile and other sectors, to pressure the Arroyo government to be tougher on terrorists.

During an October 9 forum sponsored by the Presidential Management Staff in Malacañang, Marcelo talked about the Garcia affair, which he described as “tsamba” (luck) for his office. “When these US Customs officials were here, they mentioned to me over dinner that they have anti-corruption officials who monitor movement of assets such as in the airports,” Marcelo recalled. “So I told them that since I am investigating officials from the Customs, Department of Public Works and Highways (DPWH), and Bureau of Internal Revenue, perhaps they should help me.” The three agencies are perceived to be the most corrupt. Marcelo asked the Americans to inform him of any suspicious entry of money to the US from the Philippines in the last 12 months, hoping this could yield familiar names from these agencies.

“To my shock and surprise, on September 14 they transmitted to me a list of the amount that General Garcia has brought to the US,” Marcelo said. “It was manna from heaven.”

Garcia’s case has somehow upset the Ombudsman’s timetable. For this year and the next, he has been training his guns on the top three agencies. “My timetable for the military was 2006 yet…but the case is already here and I can’t turn my back on it.”

The military was reluctant at first to give the Ombudsman all the records pertaining to Garcia, Marcelo disclosed. He got all the data he needed by issuing the AFP a subpoena. On September 28, finding a prima facie case against Garcia, Marcelo ordered him suspended for six months without pay.

When the news broke, Abaya could not even persuade Garcia to present himself to the media. The AFP initially refused to produce an official photograph of the man; the media had to rely on a charcoal portrait displayed in his office. Yet, when the military exposed some of its officers for allegedly campaigning for the opposition in the last elections, military officials not only identified them, they immediately had them grounded and recalled to headquarters.

The high command waited almost two weeks after Garcia’s suspension before filing court-martial proceedings against him, and only after the President ordered them to do so. A court-martial case gives the military immediate and total custody of an accused. The delay allowed Garcia to leave his quarters, withdraw P19 million from AFPSLAI, and plot his defense.

‘Comptroller Mafia’

How could Garcia have enriched himself so fast? And why is the military afraid to touch him?

It’s not quite accurate to say that Garcia is a mere sacrificial lamb in this sordid affair. As J6 from March 2001 to September this year, Garcia was a power center all by himself. Officers from captains to generals went to him if they needed approval for more allocation for their units, allowance for their travels, or money for social activities, like Christmas parties.

Besides, Garcia was secure as a member of the comptroller family—an elite bloc of former and current military comptrollers in the AFP and its major service commands. Among the former chiefs of staff who belong to the comptroller family are Abadia and retired general Roy Cimatu.

Officers interviewed by NEWSBREAK call them “the comptroller mafia.” As such, they follow a certain career path that assures them the comptroller post most of the time in their careers, according to a former Army chief. They usually treat combat assignments as mere requirements; they know that they will always land in a comptroller job after months in the battlefield.

In most cases, a comptroller who is scheduled to retire or assigned to the field will make sure that it is officers from the “family” who will replace him, the same source says.

The AFP has a comptroller eligibility list, a short list of military officers qualified to be comptrollers. “Once you’re there, you become associated with the mafia one way or the other,” says an Air Force general. Garcia didn’t spend much time with the comptroller family before he became J6; he used to be logistics officer of the Army (June 1992 to November 1993). However, he began his career in the military as a comptroller for the 51st engineering brigade in the 1970s.

The Army’s engineering brigade is another unit that deserves scrutiny. Garcia spent at least nine years there. Because it does road projects for the national and local governments, the brigade gets its resources not only from the AFP but from the national government as well. It is a beneficiary of pork barrel funds from lawmakers. Ideally, the brigade should just do work for military purposes; some officers say that its mission should be reassessed.

Garcia was the Army’s chief of engineers when he was promoted to J6 in March 2001, shortly after Edsa 2. Gen. Diomedio Villanueva, the chief of staff at the time, told NEWSBREAK that Garcia’s appointment “was already approved by Malacañang” when he took over as AFP boss.

Garcia’s predecessor was Jacinto Ligot, now a retired major general and a known close associate of Angelo Reyes, whom Villanueva replaced as AFP chief and who is now interior and local government secretary. Ligot owns a unit in the posh Essensa Towers in Makati City, says a former defense official.

“They take care of each other,” says the official. When comptrollers are required to take field assignments, chances are they will succeed in these command posts because of financial support from the “comptroller family.” The official adds: “They never fail in the field because bubuhusan sila ng pera ng mga kasama nilang comptroller.”

The source cites the case of former AFP budget officer Army Col. George Rabusa, who is now with the Central Command (Cencom) in the Visayas but who was investigated by the Ombudsman for unexplained wealth in 2002. To take the heat off Rabusa, his superiors sent him to Cencom, which was then commanded by Ligot, his former boss at J6.

The new J6 who replaced Garcia is Brig. Gen. Antonio L. Romero, who also once served as deputy J6.

Arroyo’s flawed style

Garcia is the only J6 to have served five AFP chiefs of staff. Blame this on President Arroyo’s preference during her first term for appointing favorite generals to the top AFP post even if they were to retire in a few months. This somehow ensured Garcia’s tenure because no short-term chief of staff would dare replace his budget adviser.

“I saw no need to replace him when I assumed office,” retired AFP chief Gen. Dionisio Santiago admitted. “Why should I when I would be serving for only four months?” Even if he served for only four months (November 2002 to April 2003), Santiago claimed he was able to finish 14 building projects—and Garcia, he said, made sure all these were amply funded. Aside from Villanueva and Santiago, the other chiefs of staff served by Garcia were: Cimatu (May 2002 to September 2002), Benjamin Defensor (September 2002 to November 2002), and Abaya (April 2003 to November 2004).

Overlooked by Abaya was one of the recommendations last year by the Feliciano Commission that investigated the causes of the July 2003 Oakwood mutiny: for junior and senior comptrollers in the AFP to serve only for two years at the most in their posts.

A former comptroller told NEWSBREAK that it was unwise for the leadership to keep an officer as comptroller until his retirement. “You don’t retire a comptroller at his post because if he turns out to be a bad choice and an abusive one, then you are courting trouble,” he said. He laments that their work has been tainted by abusive officers. “We tried in the past to establish criteria on who can be comptrollers…that it should not be just anyone else…unfortunately, such has been set aside.”

Prized post

Comptrollership used to be a mere technical job.

In the 1970s and ’80s, PMAers looked down on this work so that only the non-PMAers and commissioned officers applied for the post. The prestigious staff positions then were intelligence and operations.

Now it’s the other way around: military classes for comptrollership sometimes have to shut off officers seeking to attend advanced courses for this work. Enrolment in intelligence courses, on the other hand, is thinning.

In the past, commanders and J-staff officers had control of their allocations, but the J6 has emerged as the central clearing house for all AFP money. All the J-staff and major commands now pass their request for allocation to the J6, which has the final say.

Comptrollers in all levels in the AFP (down to the battalions) are the chief financial advisers of commanders on how their budgets may be used. The J6 is the principal financial adviser of the chief of staff. He controls the disbursement of funds in the whole AFP and determines who receives how much. The J6 has the power to evaluate the mission accomplishment reports of these units and determine if they deserve the resources they are getting.

Said the Feliciano Commission in its 2003 report: “Not surprisingly, a commander tends to follow the comptroller’s advice on how [an allotment advice] can be utilized to generate cash or supplies.”
It is the J6 who drafts and presents the AFP budget to Congress for approval. Three officers say the J6 can “to a certain extent” hold the chief of staff hostage because of the special “skills” that he possesses and the dependence of the chief of staff on quick money for operations.

Thus, Garcia was not being forthright when he told a House hearing that his duty as J6 was “simply ministerial.”

Conversion

Still, these powers don’t mean much when one is dealing with a fixed budget that is subject to audit.

But the AFP has institutionalized a “creative” way of converting its allocation to cash with fake receipts from dealers and suppliers with connivance among commanders, comptrollers, and logistics officers. In this system of conversion, the AFP can, for example, request equipment from a certain supplier, who gives receipts for non-existent supplies. The request is approved and converted to cash, but the money goes to operations or to the pockets of commanders. Conniving suppliers get a share as well.

The AFP had to resort to conversion in the 1970s to skirt a very circuitous procurement and disbursement process not suitable for an organization fighting a war. Now, the AFP procurement process has two categories: actual procurement and procurement for “constructive purposes (conversion).” And the AFP has two kinds of dealers and suppliers: the legitimate ones and those who are used for conversion purposes only.
The J6’s operating arm, the headquarters comptroller, does the duty of “converting” the budget for use by units, says former Army Capt. Rene Jarque. This is where generals “convert” their budget for allowances, he adds.

Also, by juggling the allocation for the AFP (its budget this year is P50 billion), the J6 can approve requests for allocation that in reality may go to those who have the power to poke into AFP affairs: lawmakers and the Commission on Audit. At least one congressman who has been quite noisy over the Garcia controversy has benefited from J6 largesse because he controls some of the AFP dealers and suppliers in the “conversion” category, according to two senior officers.

And when an AFP chief retires, it’s SOP for the J6 to prepare a “pabaon” or going-away gift for him, amounting to millions of pesos.

The comptroller is also overall in charge of allocating “defense support fund,” a euphemism for a slush fund. It’s an internal illicit arrangement whereby generals are given monthly allowances of at least P50,000 that are given through operating units and don’t appear in their payrolls.

All this seemed routine for Garcia. Until the heavens fell on him.