THE ‘CHA-CHA’ TRAIN HAS LEFT THE STATION

Desperate times call for desperate solutions.
The Year 2010 - and the electoral moment of truth - looks forbiddingly close for those whose necks are getting closer to the hanging noose. Indeed.
The woefully low approval rating of PGMA by the Filipino people - in fact, the worst among post-Marcos presidents - makes 2010 look like Good Friday for the Palace subalterns.
A PGMA endorsement will certainly be a kiss of death. Besides, the Administration does not really have a viable, winnable candidate to date. Even Vice President Noli de Castro is, strictly speaking, an independent - not an administration puree.
But even if he was a GMA stool pigeon, De Castro now rates about 22% of national poll surveys - but the rest of the majority are Opposition. Which means, if the Opposition fields one candidate - theoretically speaking - "Ka Bayan" De Castro will be trounced 88% (opposition) versus (22%) De Castro.
PGMA and cohorts desperately need a "friendly" president to be elected in 2010 - to provide the firewall to shield them from the avalanche of charges - criminal and administrative. Barring that, some of them may have to shop now for countries that will have no extradition treaty with the Philippines.
In fairness - the Palace and its local supporters - have been singing in unison that they are not plotting an extension of the president. That is a political fireball, of course, that can germinate into EDA IV, they realize early enough.
But wait a minute - is there no legal wait out here before 2010? - they chorused.
Thus the "cha-cha" train that left the station is not a runaway locomotive, by any means. It left on schedule, according to the charts.
Only fools and the naive can believe the new Cha-Cha Initiative does not have the blessings of the Palace. It is Rep. Luis Villafuerte-directed, a staunch leader of KAMPI, the political party founded by the President. The two faithful boys of the president - Mikey and Dato - are assiduously recruiting signatories (178 is 3/4 of 238 - now 160 have signed).
Now, knowing how PGMA runs her shop - like a stern disciplinarian-tutor, can we disabuse our mind that she will let this important strategy go full speed without her say-so? Fortunately, most of us were not born yesterday.
But what are the chances of the "cha-cha" train getting to its destination- and its ETA?
Under the Constitution-and the House being bicameral- all issues are voted separately by the Senate and the Lower House. They cannot even create a barangay, or rename a highway or pass a budget - without the Houses voting separately. How can they ram this to the bull-necked senators now?
The Senate - the independent mavericks - crossed party lines last week that railroading the Cha-cha Initiative (through a Constituent Assembly) to the Senate will be "bloody and over their dead bodies." Strong words, those.
Almost to a man and a woman, the Senate will vote down the Con-Ass Joke except for a Lito Lapid who is laging "lito-lito" as to where he stands or perhaps a Revilla, whose legislative mindset is as dull as his showbiz record is as colorful.
Yes, even as ordinary laymen - people will question that with such an important matter such as revising the Constitution - how can one vote of a congressman elected by 100,000 voters be equal to one vote of a senator elected by 14 million Filipinos? But that's what the Con-Ass(ers) like us to believe.
Failing, that the Con-Ass Conspirators will make it a "justice-able controversy" by forcing the Supreme Court to decide if Congress can vote separately or jointly. Our take is that under the present Supreme Court composition -that initiative is doomed to fail with the feisty Chief Justice Puno being sturdy as an oakwood in matters like this.
Strategy-wise, they might opt to wait for next year when eight or even nine of the Supreme Court justices will retire and PGMA will of course be able to appoint her justices-of-choice - which could upset the present equation. The role of the Judicial Bar Council, sad to say, has clearly been ministerial - and what a sitting president wants, the sitting president usually gets. Gets, ninyo?
Assuming the SC votes with them in 2009, how much time do the Con-Ass Conspirators have without being overtaken by the revved-up race for the presidency in May 2010?
The best thing they can do is to insert the question in the 2010 elections -whether or not the people would want to change the Constitution. It is hard to argue -that we should not vote for some changes in the Constitution.
But by that time, the Philippines will have elected a President and a Vice President who must finish the term up to 2016.
Even if they opt to have a Constitutional Convention (with new elected delegates) after 2010- framing a new Constitution will take at least a year or so to complete. So the other strategic aim for a Parliamentary form of government that would allow PGMA to run as Parliamentarian representing Pampanga and reign as Prime Minister - may have to take a back seat. Or will it?
Certainly, not all who voted for the Cha-Cha have polluted minds. For the record, our three solons - Chatto, Cajes and Jala voted for it but they want a Constitutional Convention to make the amendments to our 21-year old Laws of the Land.
Crucial changes would be possible: change from presidential to parliamentary (to avoid gridlocks-sic), bicameral to unicameral, from LGUs to Federal States -on the political front. On the economic front - liberal foreign entry into utilities, media, education, mining, property ownership, among others, to boost investments - and generate jobs.
All those excellent subjects for debate - could go down the drain, however, once the issue of term extension and the ambition to return to power (via whatever route) becomes the focal issue.
That is the problem with a presidency that is dealing with a "trust issue" with its people. Even if it means well - and it probably does - people still sneer and wants to peek behind the curtains to find out if nothing illicit is happening between the sons' ardent devotion to Mother Dear and Press Secretary Jess Dureza's "faux pas".
The "faux pas" happened (for which Dureza already apologized) during a pre-meeting prayer where -the subconscious mind of Dureza -verbalized mindlessly his ardent wish for his Boss Lady to reign beyond 2010.
Madame Lady President, of course, let out her famous frown - because that was really "getting the cat out of the bag."
So Dureza did not really suffer some "slip of the tongue" malady -but of the Palace displaying some slip to be showing.
Be that as it may- the "cha-cha" train is full steam ahead. Let us just hope that it will not be like the famous Latin America dance cha-cha where (for the male version, at least) it is one step forward - and four steps backwards.
Sad indeed, that would be. Let us wait and see.

Bohol solons go for Cha-cha

The petition of Third District Rep. Adam Relson Jala for the two chambers of congress to vote jointly on constitutional amendments may have been junked by the Supreme Court but is fast gaining support among fellow congressmen.
As early as Thursday, a resolution to convene the Senate and the House of Representatives into a constituent assembly has been quietly passed around for signatures of congressmen.
Latest reports reveal that some 160 solons have already signed the measure to jumpstart amendments to the Philippine Constitution.
Rep. Edgar Chatto and Rep. Roberto Cajes confirmed to the Chronicle yesterday they both signed the proposed resolution in their desire to let the Supreme Court rule on the issue of whether it would call for a separate or joint voting.
Jala, who delievered his privilege speech at the resumption of session last Nov. 10 admitted in an interview over Station dyRD that he was one of the first to sign the resolution last week.
“There’s a movement in the House wherein there is a resolution being passed where we are trying to adopt the joint voting interpretation so that we could have, 198 signatures for the petition, in order for us to propose amendments to the Constitution,” Jala explained.
The target number of signatures is three-fourths of the combined total of the members of the House, which is 238, and the Senate, which is 24, but minus former Senator Alfredo Lim who is now Manila mayor.
The Constitution provides that a three-fourths vote is necessary for both Houses to convene as a constituent assembly and to amend the Charter.
The 29-year old Jala, however said, there is no finality yet on this call for a charter change as it will still be submitted to the people for ratification in a plebiscite.
"I was 7 years old when the 1987 Constitution was ratified," Jala cited while saying, this 20-year old Constitution is no longer representative of the greater majority of this generation."
The fresh law graduate who joined politics right after passing the bar said amending the Constitution is the "greatest power inherent on the people, even greater than electing our public officials."
He said that the proposed resolution now gaining grounds in Congress specified that it will not allow the extension of term of the President and Vice President and that it ensures elections in 2010.
Jala had filed a petition for the Supreme Court to decide on whether both houses should vote separately or jointly on the issue but the court discarded his petition saying it was premature.
“With this movement calling for charter amendments, the urgency to resolve the issue on wherther its joint or separate voting can finally be ruled by the Supreme Court which is the final arbiter of constitutional issues,” Jala said.
Most constitutionalists have said the vote should be done separately since all bills and other legislative measures, such as the budget, are decided by both houses separately.
But if the present House resolution eventually brings the issue to the Supreme Court, political observers say that it may be granted considering majority of the justices are already appointees of Pres. Gloria Arroyo.
This recent move calling for a Charter Change is met with strong objection in the Senate.
Sen. Mar Roxas called on Pres. Arroyo to stop her son, Pampanga Rep. Juan miguel "Mickey" Arroyo and other allies in the House from proceeding to push a constituent assembly (Con-ass) as a means to amend the Constitution.
IDENTICAL STAND
The 3 Bohol solons have identical stand on calling for a charter change.
Rep. Chatto, for his part, said he signed the proposed resolution as it is only way that the Supreme Court will rule on the issue of whether its a joint or separate voting. There has to be a justiceable controversy so for the High Tribunal to rule on the matter, Chatto said.
He said a Supreme Court ruling against joint voting paves the way to a Constitutional Convention as the only acceptable mode, instead of a constituent assembly.
Rep. Cajes, in a separate interview said that while he is for a charter change, it would limit to the economic provisions of the Constitution, minus the political issues and concerns.
The last termer solon likewise said its about time to amend the Constitution. If a Constitutional Convention will be called, it would be simultanoues with the 2010 election, he forecast.
Cajes cited that even the framers of the 1987 Constituion have admitted there was an ommission for the proper appreciation on the manner of voting which they thought would be a unicameral body, when it is bicameral.
The forthcoming House resolution will create the "controversy" which is a pre-requisite for the Supreme Court to promulgate its ruling on the matter, he concluded.

THE (LACK OF) INDEPENDENCE OF THE COURTS

Sometimes, when teachers in school postulate that there are three independent branches of Government: Executive, Legislative and the Judiciary - some students think that's baloney.Let's not even talk of the Lower House's canine devotion to the Palace - but how puny the Justice System is in this country is and how that explains the dismal record of dispensing justice here.Structurally, the dice is loaded against the Judiciary.
To start with. Consider that in a typical national budget allocation, the Judiciary, a supposed co-equal branch of government only receives less than 1% of the entire pie. The Executive gets 68%, Automatic Debt Appropriation 28%, Legislative Pork 3% and less than 1 percent each for the Judiciary and the Constitutional Commission.
The Constitutional Commissions, supposed to be creations of the Constitution -cannot be removed by any executive and legislative act. These include the Ombudsman, the Commission on Audit, the Commission on Human Rights, Comelec and the Civil Service Commission.
Their heads are, of course, appointed by the president.The recent perception of the record of Ombudsman chief Merceditas Gutierrez, classmate of the First Gentleman, does not inspire confidence of its independent judgment, to cite an example.In the past, when the salaries and allowances of judges were disgustingly low, stories about "fixcals" and "cashunduan" littered the history books of the country's judiciary.
Many of them, likewise, were political appointees - that power in fact considered as a premium factor that made politicians extremely powerful and public office such a desirable, lucrative profession.
Right there, the economic impoverishment and the political apron strings created a judicial abomination that court decisions became predictable in this country where "who one knows" not "what one knows" became an overriding criterion in settling court cases.
Four years ago, Senator Francis Pangilinan filed a bill that generally upgraded the salaries and allowances of the judges in the country - precisely to shield them from the temptation of gold.A Regional Trial Court judge in the 22 courts in Cebu, for instance, gets a basic salary of P25,000 and an assortment of allowances of about P50,000 from the Supreme Court and the Judiciary or a total of P75,000 per month.
The good intentions of the Local Government Code permitted city and provincial LGUs to give allowances to the judges.
In the case of Cebu - P11,000 total from both the city and provincial governments - to help them resist the temptation to become partial for monetary considerations.
Except that this creates moments of conflicts on interest.A Boholano Presiding Judge of Cebu Regional Trial Court No. 58 Gabriel Ingles, brought this to the fore when he wrote both Cebu Governor Gwendolyn Garcia and Acting City Mayor Michael Rama expressing his desire to indefinitely refuse to accept the P6,000 monthly provincial allowance and P5,000 monthly city allowance.
This was apparently in protest over the withholding of the provincial monthly LGU allowance to Judge Bienvenido Saniel perceived to be due to his unfavorable ruling on the petition of the provincial Government with respect to who should get more board representation in a Cebu Waterworks system.
The city had earlier appointed more board seats to the city in the waterworks system arguing that this is equitable since the city pays for 60% of the water revenues. The Provincial Government wanted Judge Saniel to issue a "petition for declaratory relief" which he refused because it was not the proper way to resolve the issue since a "violation" has already been committed by the city government.Judge Saniel's allowance - allegedly from provincial government instructions was then withheld.Judge Ingles, who teaches law at the University of San Carlos and writes a legal column in a regional newspaper, explained his move to rid his function of possible conflicts of interest whenever cases affecting the provincial and city governments would ensue.Judge Ingles said "the courts must not just be impartial but be perceived as impartial, which is almost as important as the first.
"Whatever the judges concerned decides - the public will always trace the bias towards the monetary consideration extended by either parties.Another judge Meinrado Paredes also gave up his provincial government allowance - likewise in protest over Saniel's case - but kept his city allowance since Judge Paredes presides over a special Drug Court which will unlikely have conflicted cases involving the city Government.
Judge Ingles has a sterling record of work ethics and judicial integrity in Cebu and was once considered as a candidate for Comelec Commissioner. He had long dismissed the possibility because the Boholano judge, a product of the College of the Holy Spirit and an SVD ex-seminarian, said he had no "political backers.
"Judges Ingles and Paredes stand today, therefore, as two beacons of hope that the future is not all that dim for the justice system in this country.
Judge Ingles also told the Chronicle that he deplores the accepted mode of LGUs funding the travel and hotel expenses of judges whenever they go on conferences in Manila and elsewhere - claiming the same uneasy situation of a benefactor-beneficiary relationship would befall on one who often sits in judgment over legal cases.In the local scene, all 30 municipals circuit judges and now seven Regional Trial Court judges, inhibited themselves from handling the controversial case filed by city residents and establishments against the City Mayor et al. for the exorbitant rise in realty taxes without public consultation.
The judges claim they are all tax paying residents who will benefit from either ruling on the case, thus their inhibition.That seemed like an ethically-driven move.
But because of the Ingles Factor, taxpayers are now asking how much are the city, municipal or provincial governments giving as allowances to our judges?
Or are they not giving any at all?The integrity and independence of our Judiciary is an important cog in the preservation of true democracy in this country.
This important criterion becomes more pronounced today as we enter 2009 when seven or even eight Supreme Court justices will be retired - their replacements in the hands of President GMA.
How will the shift in ideological mix affect landmark cases expected to be tackled next year?
Indeed, how independent are our courts - national and local? Juan de la Cruz is asking.

OPPOSITION TO THE SMALL CLAIMS RULE

The Supreme Court has reported with pride the resolution of a small claims case in Iloilo under the Rules of Procedure for Small Claims Cases which took effect last Oct. 1 that governs the procedure for prosecuting, defending, and adjudicating small claims cases or civil claims which are exclusively for the payment of a sum of money not exceeding P100,000.00, before first-level courts (Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts).
To jumpstart the launch of this Rule, the Supreme Court issued Administrative Order No. 141-2008 designating 22 first-level courts nationwide as pilot courts to hear and decide small claims cases.
According to the SC website, the Iloilo Metropolitan Trial Court Branch 4 successfully resolved the first small claims case outside Metro Manila through Judicial Dispute Resolution (JDR) 15 minutes after the case was called for hearing. The case arose in 2004 when defendants failed to settle their loan obligation after mortgaging a parcel of land in the amount of P53,900.00.
* * * * * * *
Admittedly, a money claim of P100,000 maybe “small” for big cities in Metro Manila, Cebu, Davao or Iloilo. But P100,000 is definitely not a small amount here in Tagbilaran or in Bohol for that matter.
The amount of P5,000 could perhaps qualify as small money claim in other places outside Metro Manila but this is still debatable when it comes to places in the Visayas and Mindanao.
But our thesis of classifying P5,000 as rather small is for the courts of justice to use its machinery in order to enforce the claim.
* * * * * * * *
Secondly, P100,000 is definitely “small” for corporate lawyers and big law firms in Metro Manila, Cebu or Davao. But the amount is quite a source of potential income for practicing lawyers in the provinces and small cities like Tagbilaran.
Thus, by implementing the small claims rule in places other than those in the metropolis, it would be tantamount to depriving legal practitioners from potential clients which is akin to a deprivation of property.
We therefore urge the local chapter of the Integrated Bar of the Philippines (IBP) under Atty. Isabelo Sales Jr. to come up with a stand opposing the implementation of the small claims rule here in fairness to local legal private practitioners.
* * * * * * * *
It is quite tempting to discuss here the fate of the privilege speech delivered by City Councilor Zenaido Rama the other week which gained prominence in local newspapers last Sunday. It was again tackled by the city council during our regular session last Friday.
However, out of self-restraint and delicadeza, we shall refrain from delving into the matter as we may not be able to deal with it objectively considering our political configuration.
It has been our avowed motto not to use this corner or even our “Barometro” portion of Tagbilaran By Nite for our own political and personal ends even if we have been described by political foes with all kinds of unsound adjectives already. We do hope that others in the media who are similarly situated like us would follow. Anyway, there are proper avenues for this.

WHAT IS "JOC-JOC" BOLANTE UP TO?

Headline story for the week was the Joc-Joc Bolante story which was also the "Joke of the Week" story. Joke-joke lang, as they say.
Two years in American prison and 14 days in plush St Lukes Hospital polished Joc-Joc's dramatic skills and perfected his legal defense - where he played a virtual Pontius Pilate.
In protecting his patrons, Joc-Joc Bolante dumped the blame on the Operations undersecretary, the regional DA heads the LGUs in general who were tasked to distribute the P 728-Million worth of fertilizers to the farmer-beneficiaries.
What appears to be facts now are: three Manila congressmen got cash for fertilizers, some urban-situated public officials got "so-called fertilizers" (fattening the asphalted highways and island plants) and the rest got fertilizers (after May to the rainy months). There were 105 congressmen, 53 governors and 26 municipal mayors or a total of 184 among "Bolante's List."
Some P14-million worth of fertilizers, and not cash, were given - P5 million for Governor Rico Aumentado and P3 million each for Representatives Chatto, Cajes and Jala the Elder. Accordingly, the Governor distributed them to 40 towns, Chatto to one town: Balilihan, Cajes to two: San Isidro and Dagohoy and Jala to one town: Bilar.
If the four local government officials can show proof that the beneficiaries are legitimate farmers and farmer-organizations, that should deem the items "liquidated." Needless to say, however, they should be able to defend the authenticity of these documents in Plaza Rizal, so to speak.
Bolante, accordingly, had his sweet time fabricating his defense thesis inside the air-conditioned comfort of a five star hospital - where due to the length of time, people thought he had undergone all sorts of tests - including the pregnancy test.
Since, Bolante has largely been ambivalent, his pregnancy test (sic) also declared He was "slightly pregnant," one for the Guinness Book of records.
Bolante, who has shamed thousands of honest and patriotic Rotarians the world over, was perceived to have twisted the truth to his convenience and dragging others just to save his skin.
One editorial is not enough to ask lucid, straight questions from one of the best Rotarian friends of the First Gentleman. But some of the few:
1. Since the budget allocation was hatched as early as September 2003, Secretary Art Yap (who was quickly made undersecretary for Luzon operations in February 2007) could not have been a party to the scheme. Bolante is deemed to be the "Architect" of the P728-million Fertilizer Mess.
2. How did a supplier by the name of Freshan Fertilzier which was organized for an electronics business in 1998 suddenly become a favored supplier for the entire package which was said to be overpriced by 1,000 percent? How rue is the allegation Joc-Joc allegedly pocketed 25% of the deal or P182 million?
3. How did he an undersecretary push P728 million out of the vaults of the Philippine Treasury - bypassing Secretary Cito Lorenzo when the P728-million, though part of the 2003 re-enacted budget is part of AFMA (Agriculture and Fishery Modernization Act) and therefore part of the SPF (Special Purpose Funds) - not the regular DA Budget. The SPF can only be released with the approval of the President.
4. Is it not true that the professional Cito Lorenzo resigned as DA Secretary - partly because he did not want the DA to be used as a campaign kitty for the 2004 presidential election? Lorenzo was later "sacked" by PGMA allegedly because she lost "heavily" in Mindanao areas where Cito had influence? If what senator Nene Pimentel is saying is true - that is pure and simple politicking by the Palace.
5. Is it true that the fertilizers were not only diluted with water but was useless in some areas like rice and high value crop areas because they were designed for ornamental plants? P728 million or 30% of the P3-billion AFMA funds for all this nonsense? Poor the farmers of this nation, indeed.
6. Would he like to answer how journalist Marlene Esperat who filed graft charges in Mindanao for another P400-million fertilizer mess against Bolante and other officials was gunned down before her own children?
7. Bolante said he wanted to stay in the USA because he feared for his own life - having received veiled threats from "enemies." Who are these "enemies" - those who Bolante cheated of benefits of public funds or those who participated in the plunder and didn't want him to talk?
Adding insult to injury, Ombudsman whose record as top graft buster is as dull as a scarecrow last week dismissed the P400-million graft case earlier filed by the late Esperat for "lack of substantial evidence." Top Ombudsman Merceditas Gutierrez, another law classmate of the First Gentleman, has been dubbed as the Lady Aniano Desierto, whose integrity sometimes "deserted" him under duress.
Now, after the Jocjoc Senate hulabaloo, will our activist-lawyers still have the patience to file anti-graft charges against Joc-Joc and his comrades before this Ombudsman?
Meantime, the poor farmers after being used by the vaudeville of one Bolante et al. - had seen their crops, perhaps ,whither and die - nurtured as they were by overpriced, superbly diluted water - and chemical joke - and everything else that is unfair to the destitute in this nation of 90 million.
Joc-Joc Bolante, the joke has really been on us. Have a conscience.

Causeway residents appeal to limit road expansion job

Residents at the causeway drive in barangay Totolan, Dauis town are demanding a reduction in the proposed road expansion program of the government in line with the upcoming construction of the Panglao Bohol International Airport.
In a letter addressed to DPWH District Engr. Celestino Adlaon, the residents appealed to reduce the four-lane into a two-lane expansion project.
Dr. Menelo Tima-an, spokesman of the group said they find the four-lane highway to be unreasonable considering that a two-lane highway will already be enough to accommodate the volume of traffic. They said that the budgetary outlay for a four-lane highway would be too expensive considering the economic crisis besetting the country. The budget could be utilized for other tourism related projects, they said.
Having a four-lane highway for just two towns (Dauis and Panglao) to be served would be extravagant for government to spend, the concerned residents stressed.
They likewise said that if said expansion project be implemented, a lot of existing structures and houses particularly in sitio Ubos, this city to Totolan, Dauis will be demolished.
"We have labored hard to have these houses, and to destroy them is inhuman, inconsiderate and unkind," the residents wrote in their two-page petition sent to the DPWH, copy furnished to Gov. Erico Aumentado and Rep. Edgar Chatto.
The residents suggested that whatever savings be derived from reducing the expansion project can be used for more urgent environmental and sanitation problems in the area.

Public awaits drainage outfall laboratory tests

The public awaits results of two separate laboratory tests on the run-off rainwater from the drainage outfall at Graham Avenue, this city, fronting the modern Tagbilaran City Port which is the country's premier "tourist port."
Provincial Environment and Natural Resources Officer Nestor Canda said the results of the lab test will be interpreted by the Department of Environment and Natural Resources (DENR) which is mandated to protect the marine resources after the drainage outfall was opened upon orders of the city mayor last Nov. 6 despite the unresolved issues on the alleged illegal connections.

The opening of the outfall was anchored on the lab test shown by city consultant Engr Cecil Corloncito. However, the said lab test was not recognized by DENR as it was not known where the test was conducted. Canda said "only DENR accredited laboratories are duly recognized."
Gov. Erico Aumentado who intervened in the nagging drainage problem in the city repeatedly said the opening of the outfall surprised him as there was no prior coordination meeting conducted on such decision. The last thing he knew was the city mayor asked him to request the DPWH to turn over the drainage project to the city government before he (Lim) would assume actions on the drainage issue.
However, even before the request of the mayor could be attended to by DPWH, he (mayor) decided to open the drainage outfall.
The opening of the outfall was the "solution to the flooding problem along CPG Avenue," trumpets the city mayor even as the governor expressed concern on the possible pollution it might bring to the seawaters at Tagbilaran Bay.
"The laboratory test is very crucial," the governor said yesterday as he ordered Canda to keep a close monitoring on the lab results. He likewise ordered the Bohol Environment Management Office (BEMO) to subject the water samples at the outfall to another independent laboratory in Cebu City.
While residents along CPG Avenue expressed elation on the end of flooding, the environmental impact at the bay is now greatly being considered by environmentalists here and in other areas who have monitored the dropping of water from a new drainage system to the seawaters without the benefit of a water treatment facility.
The city government has long been declaring to construct a multi-million water treatment facility but nothing has been seen to date. Residents of Taloto district, this city, are divided - whether they will allow or not the construction of water treatment facility in the area.

“Cover-up” in probe of 2007 COA report

City lawmaker Zenaido Rama cries foul over “attempts to cover up” the inquiry on the audit report of the 2007 financial transactions of the city government.
The minority bloc councilor said fellow lawmakers and City Auditor Teresita Irig “were ganging up” on him instead of enlightening the public on questions he raised in a privilege speech regarding the handling of millions of city funds as contained in the 2007 Commission on Audit (COA) report.
The statement of Rama came after the Sangguniang Panlungsod (SP) session last Friday where Irig and City Accountant Kurt Bungabong were invited to shed light on the COA report.
Instead, Rama found himself being the subject of tirades from among his colleagues regarding figures raised in his privilege speech.
“I could sense, they are trying to protect some people,” Rama said over dyRD Action Line indicating that several names of city officials will be dragged into the multi-million fund mess.
Several times during the SP inquiry, Irig called Rama’s privilege speech as “twisted” and “erroneous.”
To the disappointment of Rama, fellow lawmakers identified with the majority bloc also directed derisive remarks on the issues raised in his privilege speech.
“That was very unfortunate, instead of answering my queries, I became the subject of a smear drive with the intention to discredit my expose,” Rama stressed.
The lawmaker said he was “not satisfied” with the SP proceedings last Friday but however vowed to dig deeper into the audit report mainly on the P6.5 million unliquidated cash advances of city officials.
“This is just the tip of the iceberg. I don’t care who are those involved in this mess. I have no hidden agenda and I am doing this in the spirit of transparency,” Rama said.
He said more details of the COA report will be revealed to the public.
REVEAL CASH ADVANCES
Kag. Lucio Balbin urged during the SP session that the names of city officials and employees with unliquidated cash advances be revealed.
The city accountant also could not provide the details of the cash advances he claimed some of these accounts were in the process of liquidation.
Kag. Rama likewise inquired why the city auditor did not take note of “lavish, excessive, extravagant and unconscionable expenses” especially on catering for meals at the City Hall.
On the other hand, Kag. Bebiano Inting also questioned why the P2.8 million cost of the geophysical and geosensitivity survey of the proposed Big Bug (sports center) was charged to the account of “construction in progress” when it should have been treated as an outright expense since the project was not pursued.
Moreover, Inting also scored the subsidies to economic enterprises units of the city that have been sustaining losses for the past years. Among the enterprises is the Motor Pool and the Market Operations run by the city which have been reporting losses in the millions of pesos every year.
He said, the subsidies should not be charged to a receivable account since there is no chance of recovering the amount that would in turn “window dress” or overstate the city’s financial statement.
It was however agreed by the SP to endorse in writing the queries raised by Rama to be answered by the city auditor.
For his part, Kagawad Oscar Glovasa, chair of the committee on appropriations asked that pending issues raised out of the 2007 COA report can be addressed to his committee.
OFFICIALS NOT FOLLOWING AUDIT RULES
In a separate interview over dyRD Action Line, city auditor Irig admitted that there are several city officials and employees who do not abide with government accounting procedures.
She said, no matter how often she have been reminding “accountable officers” of their duty to liquidate cash advances, there are still many who do not follow liquidation procedures.
The city auditor said COA is there to ensure that regulations are complied in handling government funds. In fact, Irig said she has been sending demand letters for officials and employees to liquidate their cash advances. However, the COA official failed to bring the list of names of officials and employees who have unliquidated cash advances.
She will be asked to identify these local officials with unliquidated cash advances.
There are specific punishments cited by COA for personnel violating rules and regulations of utilizing funds of the government. The COA report is a public document and any law-abiding citizen can have access to it.
According to Irig, Rama “misquoted” some items in the COA report. She did not elaborate.
However, the COA official explained that “for lack of a better word, I said during the SP session that the privilege speech was ‘twisted."
The COA report which was reviewed by the COA regional office was received by the city government on July 8, 2008.
"We were awaiting committee on appropriations of Kag Glovasa to take it up, but nothing came out, thus, decided to deliver that privilege speech," Rama explained.
The COA Report controversy is not expected to end with last Friday's session with both sides anticipating end-game strategies of the opposing camp.

“No P14M cash for fertilizer”

If figures based on documents of the Department of Budget and Management (DBM) and the Commission on Audit (COA) are accurate, the province received P14 million in fertilizer funds at the height of the 2004 elections.
However, Gov. Erico Aumentado, Representatives Edgar Chatto (First District), Roberto Cajes (Second District) and former Third District congressman Eladio Jala all denied they actually received the fertilizer allocations in cash.
Aumentado said he did not receive a single centavo out of the P5 million reportedly given to the provincial government as reflected in the DBM records of fund releases.
Chatto, Cajes and Jala also explained that they did not personally receive the farm inputs or any fund for the purpose.
The DBM and COA documents revealed the three solons as recipients of P3 million each.
The two incumbent solons and Jala, who is now assistant secretary of the Department of Transportation and Communications (DOTC), all welcomed the Senate probe into the P728 million fertilizer subsidy that were allegedly diverted to bankroll the 2004 campaign of Arroyo and administration candidates.
During Friday’s “The Governor Reports”, Aumentado said that he was only informed that fertilizers were delivered to the Provincial Agriculture Office. The farm inputs were purportedly purchased by the regional office of the Department of Agriculture (DA).
Provincial Agriculturist Liza Quirog, in a separate interview, confirmed that no less than 40 towns were beneficiaries of the fertilizers distributed by the DA but could not give the amount of the farm inputs.
Quirog recalled having received and distributed the liquid (foliar) fertilizers to the towns sometime in July 2004.
The delivery of the fertilizers was done all at the same time with all the boxes brought to the provincial DA office.
The governor assigned Assistant Provincial Agriculturist Bebot Pinat to handle the distribution of the fertilizers to the municipal agriculture officers in the towns.
SOLONS EXPLAIN
The three solons said they all want to clear their names and welcomes the ongoing Senate inquiry with the testimony of former agriculture undersecretary Jocelyn “Jocjoc” Bolante.
Rep. Chatto disclosed that it was then DA Regional Director Eduardo Lecciones who facilitated the fertilizer support program funneled directly to the local government units.
In his district, Chatto said it was Balilihan town that became the recipient since the interior town is known for enhancing agricultural productivity.
Vice Mayor Dominisio Chatto, who was then town mayor, was the one who implemented and audited in accordance with the procurement rules and procedures with full documentation.
Full liquidation of fund disbursements was done with the DA regional office, according to Balilihan municipal treasurer Lina Banac.
For his part, Rep. Cajes said he was asked by the regional DA to identify two towns that need fertilizers the most.
Cajes said he recommended San Isidro and Dagohoy towns. After recommending the towns, he never heard again what happened to the fertilizer support.
Then Dagohoy Mayor Sofronio Apat and then San Isidro Mayor Boy Samoya, both were not able to give him updates on the distribution of the fertilizers as he was already in the thick of the campaign for the 2004 elections.
Meanwhile, ASec. Jala said that when asked by Regional Director Eduardo Lecciones what town he wanted to receive fertilizers, he recommended the town of Bilar being one of the top rice producing towns in the province.
He was able to confirm from Bilar Mayor Fanuel Cadelina that organic fertilizers, granules, and not liquid, were distributed in his town.
Cajes, who used to chair the House committee on ethics recalled that Task Force Abuno, created by the Office of the Ombudsman, visited the town when the fertilizer scam erupted in the media.
In fact, he learned that a team from COA visited the town. He was informed by Mayor Cadelina that the team found no irregularity on the distribution of the fertilizers.
“Even before, I already favored the investigation of the fertilizer fund because my district will be affected by this mess when in fact it is really an agricultural district unlike Makati and Quezon City that were also listed to be recipients of farm inputs,” Cajes said.
“I’m sure there are available official records that would help in the investigations,” he added.
PRESIDENT’S ALLIES
According to a report of the Ombudsman, 53 governors, 105 congressmen and 23 municipal and city mayors received different amounts out of the fertilizer fund.
Bagong Alyansang Makabayan (Bayan) Bohol chair John Ruiz III said while not all solons and local officials got the farm subsidy, most of those included in the list of recipients were identified either as partymates or pro-Arroyo.
According to Ruiz, the three Bohol solons and the governor are just as responsible as the Arroyo administration on the fertilizer scam.
“Being the privileged few of supposed “trusted” government officials to implement such multi-million national program, it entails a sense of responsibility of the individual “public servants” to ensure that his/her poor farmer constituents would not be short change.”
Bayan made this statement as Ruiz claims that farmers under the Hugpong sa mga Mag-uumang Bol-anon (Humabol) “never heard of the actual distribution process of the fertilizers.”
In a survey conducted over dyRD, 95-percent of respondents do not believe that Pres. Arroyo is not involved in the supposed P728 million anomaly.