The Bohol Chronicle Interactive Blog

DESTROYING ENVIRONMENT AND TOURISM

2008-12-01T05:26:00.000-08:00

Governor Erico Aumentado, not given to panic fits, had no choice.

He had to write a frantic letter to DENR Bossman Lito Atienza that the unceremonious opening of the San Jose drainage outfall cascaded "coliform contaminations, toxic and other deleterious pollutants that would imperil the Tagbilaran Bay and Maribojoc Bay marine ecosystem in the long run."

This was based on scientific proof from the water lab test from the imminent University of San Carlos of Cebu, a university renowned for "Chemistry" (the major) proficiency which spotted 2,000 colonies/100 ml (described almost too numerous to count) and revalidated by similar findings from the Provincial Health Department of 2,400 colonies/100 ml.

Aside from that, long outfall usage would pose health and safety problems.

"An environmental disaster waiting for its time to happen" is how Gov. Rico describes the San Jose outfall consequence. Quite apart from that, this destroys the fabled Tourism industry of Bohol because it undoubtedly pollutes Tagbilaran Bay and the famous Panglao resort beach lines fronting the city as well as all the way to Maribojoc Bay.

Certain to be likewise damaged environmentally would be the breakwaters of the Bohol Tropics Resort Club (meters away from the outfall) - the site of many national and international confabs. Just across is the Tagbilaran City Port (a tourist spot by itself) (maybe) soon to display polluted, brownish water if the Engineering Genius behind the San Jose opening is not stopped by the DENR.

With dispatch Atienza commanded two teams from DENR Manila and Cebu to investigate the environmental and tourist hazard. It might also be instructive for Chairman (Solidarity for Asia) Jesus Estanislao, a man of deep probity and integrity, to send a team as well to find out if this city they once dubbed as "Eco-Tourism Cultural Hub" deserves the title.

It is good to have titles - like that of boxer Manny Pacquiao - but not the dubious ones.

The City Mayor promised to construct a drainage outfall simultaneous to the DPWH drainage construction along CPG Avenue. He reneged on his promise. The City Mayor promised to cut the illegal connections after thirty days of voluntary disconnection. He balked on his promise. The City Mayor promised the Governor he will act if the DPWH will "turn over" the drainage project to City Hall. He failed his promise.

Instead he opened the San Jose outfall without permission from DENR and not informing the Governor who he requested for a turnover letter from DPWH.

That is why we have a very "Promising" Mayor in our midst. At least Boom Boom Bautista, the boxer, shows real "promise" despite his recent boxing debacle. Which only proves that the word "promising" in this land has more than just one meaning.

We are confident the DENR will render sound judgment on this issue. Barring that, the environmentalist groups should coordinate with regional and national counter-parts and wage war against this "nutty" game
plan of playing exterminator of our environment and tourism in one sweep.

FIGHT THE CITY HALL "STONEWALLING"

2008-12-01T05:15:00.001-08:00

In aid of legislation and in the name of transparency, the Minority City Kagawads led by Vice Mayor Jose Veloso, are right in demanding for the people's right to know on the P6.5-million unliquidated advances of City Hall officers and personnel as December 2007 per COA Report.

In a survey over "Radyo Merkado" over Station DYRD, all 28 respondents strongly stated that the City Hall auditing and accounting departments should not "stonewall" queries relating to the transparency in the use of government funds. Ninety-four percent likewise said proper charges should be filed against those who "obstruct justice" in the process of ferreting the truth and those involved in the unliquidated P6.5 million.

Majority of the Tagbilaranons and the side of truth appear to be with them on this issue.

Vice Mayor Veloso might want to consider taking the bluff-challenge of the City Auditor to take the issue to the courts. The 2007 COA Report (a public document) clearly stated there were many violations of the law committed by City Hall. Isn't it then logical that cases be filed at the Sandiganbayan?

There is legal luminary former OIC Governor Victor de la Serna (formerly a close ally of the City Mayor) who is willing to take the bull by the horns in response to the public's clamor of transparency in the use of public funds. There could be others besides - lawyers and researchers, alike.

We welcome this development to bring this issue that plagues City Hall into the open where two courts - the legal and the public opinion - will render judgment who the culprits are - and what their punishment should be.

But perhaps the most idiotic statement of the week has to be that of the City Auditor's Office who said they will no longer entertain queries (of this nature) since the 2008 year is ending.

This is the first time we heard that the ends of justice and transparency has an expiry date. The last time we checked the Marcoses are still facing (even today) a string of cases filed years after they fled from EDSA I in 1986.

In short, this stonewalling by City Hall of legitimate issues should be stopped before it becomes a bad, incorrigible habit.

Expose P6.5M in cash advances at City Hall

2008-12-01T05:13:00.000-08:00

The public clamors for the city accountant and city auditor to reveal the complete list of cash advances by city officials and employees amounting P6.5 million that remain unliquidated as exposed in the 2007 Commission on Audit Report.

This as city accountant Kurt Bungabong and city auditor Teresita Irig rejected the request of Tagbilaran City Vice Mayor Jose Antonio Veloso to release the details of the unliquidated cash advances.

In a radio survey over “Radyo Merkado” of Station dyRD yesterday, a resounding 100% of the respondents expressed disapproval on the refusal of both city officials to release the list containing the personalities involved in the P6.5-million unliquidated cash advances as confirmed in the 2007 COA Report.

In said COA Report, it is only this "unliquidated cash advances" that did not have supporting document while the rest of the issues raised by the commission was backed up by supporting documents in the appendix section of the COA report, acccording to City Kagawad Djingo Rama who delivered a privilege speech
regarding the points raised in the audit report.

The respondents said that the people of Tagbilaran deserve to be enlightened and clarified on how taxpayers’ money entrusted to the city government is being administered.

On Tuesday, Veloso asked for the city accountant and the city auditor to be provided with the complete list of unliquidated cash advances as of December 31, 2007 as reported by the City Accounting Office.

The list, Veloso said, was not included in the 2007 COA report which should have been part of the responsibility of the COA “to keep the general accounts of the government and to preserve the vouchers and other supporting papers pertaining thereto.”

Veloso likewise requested Irig to provide documents regarding certain “exceptions” cited in the audit report, whether these “exceptions” have already been complied or settled and which of those that have not yet been complied and the reason for the non-compliance.

Instead of releasing the supporting document on the unliquidated advances as formally requested by the vice mayor, Irig only replied with an "endorsement" of Veloso's request forwarded to the office of the city mayor without acting on the same.

The written endorsement of Irig briefly stated that the findings and corresponding recommendations stated in the COA report is “for implementation” of the executive department.

"I'm just wondering why the city auditor seems to keep this list when she has a copy being the auditor, Veloso questioned when interviewed after Friday's session.

The vice mayor said he will formalize his complaint against the city auditor and city accoutant for their inaction on said request for public transparency.

SCRAP OF PAPER

A report of the Sangguniang Panlungsod (SP) committee on appropriations was presented for approval during last Friday’s session but was questioned by Kag. Rama.

The committee report sought to archive Rama’s privilege speech that raised the questionable items of the COA report in favor of the update on the implementation of audit recommendations issued by the city accountant.

Rama said the committee report is a “mere scrap of paper” since it did not address the specific issues raised in his privilege speech.

“The COA and city accountant must coordinate to submit any papers or documents relevant to justify their comments,” Rama said referring to the committee report which was not supported by official records.

According to Rama, if indeed the cash advances are “moving accounts”, then the city accountant and city auditor should be able to furnish a list of unliquidated cash advances by officials and employees as of December 31, 2007 including the aging of the latest cash advances.

DE LA SERNA COMMENTS

Former OIC Gov. Victor de la Serna who made the first attempt to scrutinize the fund administration at city hall strongly questioned the actuations of the city auditor and accountant, when interviewed during yesterday's "Radyo Merkado" over dyRD.

"It was improper for the auditor and the accountant to deprive the vice mayor on the copy of said documents showing the unliquidated cash advances," de la Serna stressed, while he challenged Vice Mayor Veloso to pursue his quest to further expose this financial issue based on the COA report.

"Since they are paid to protect the interest of the people's money, then they should take legal action against those who obstruct transparency in governance," de la Serna asserted.

He recalled that when he attempted to dig up financial records at city hall, he was given the same cold and embarrassing treatment at the city hall. Asked what prevented him to take legal action, de la Serna said it would be far beyond his duty being a private citizen.

"Now that the vice mayor and the city minority bloc were deprived of basic legal documents, then, they should file charges against these people," de la Serna concluded.

Tarsier stressed, bleeding

2008-12-01T05:11:00.000-08:00

Bleeding through its legs and clinging to a tree, a tarsier in one of the caged tourist viewing sites in Loboc, looked stressed and lonely.

The wounded tarsier, found to have an infection that led to the bleeding, just stared at passing tourists without a single movement.

Although it is rare to hear reports of injured tarsiers, provincial lawmakers are already pushing for an immediate regulation in issuing permits to private individuals and entities displaying tarsiers away from their natural habitat.

Scientific studies have pointed to the finding that tarsiers do not cope well in captivity. There have been reported cases where caged tarsiers inflict harm on itself, to the point of death, due to the stress caused by their confinement.

A joint committee of the Sangguniang Panlalawigan (SP) – the committees on environment and tourism – is presently reviewing national and local laws for the protection and preservation of the tarsiers.

“Tarsiers should not be taken away from their natural habitat,” says Board Member Alfonso Damalerio II, who co-chairs the joint committee together with Board Member Corazon Galbreath.

The alarm was issued after the Loay river cruise recently got its permit from DENR regional offices in Cebu City, by-passing the local DENR in the province.

The Provincial Tourism Council (PTC) chaired by Peter Dejaresco passed a resolution during its execom meeting last Monday demanding an explanation from DENR Reg'l Director Leonardo Sibbaluca why such permit was issued to the new tarsier display site.

Director Sibauca, who attended the meeting of the Panglao Island Tourism Estate (PITE) in Loboc last Friday, assured an investigation which might lead to the revocation of said permit since it did not pass the local DENR offices,.

The lawmakers equally agree that there should be an immediate regulation of giving permits to display the tarsier, which has become a signature mascot in promoting Philippine tourism.

The tarsiers are said to be endemic species found in the towns of Corella, Loboc, Sevilla and Bilar.

Starting this week, the joint committee will conduct hearings together with the Department of Environment and Natural Resources (DENR), tourism industry stakeholders and representatives of the local government units.

Business establishments, especially those that are tourism related, have proliferated due to the issuance of permits by the DENR. The primates can now be viewed by tourists in the towns of Panglao, Loay, Albur, Anda and Sagbayan. These towns are not considered as “natural habitat” of the tarsiers.

“Some permitees are collecting the tarsiers to be displayed as an additional attraction in areas that are frequently visited by tourists,” Damalerio said.

The DENR has announced that they have already conducted an inventory of the world famous tarsiers although authorities are still worried to note that the primates are increasingly traded and brought outside the province.

It was former Pres. Fidel Ramos who declared the small primates as specially protected faunal species under Proclamation No. 1030 in 1997.

The hunting, killing, wounding and taking in possession of the tarsiers was prohibited under the law which directed the DENR to establish “appropriate sanctuaries” to preserve the species.

In 2001, Republic Act No. 9174 or the wildlife conservation law included the protection and conservation of the tarsiers and its habitat as part of Philippine heritage.

Possession of wildlife, such as the tarsier, is not allowed unless a person or entity can prove financial and technical capability and the facility to maintain its existence.

Moreover, the breeding or propagation of wildlife resources for commercial purposes can only be allowed by the DENR through the issuance of a wildlife farm culture permit.

Commercial breeding of wildlife is also subject to an environmental impact study, the law states..

NEW HOME

In 1996, the Philippine Tarsier Foundation Inc. was founded which acquired a 170 hectare sanctuary for the species.

The foundation was granted gratuitous permit to collect tarsiers for research and breeding. The gratuitous permit also provided a quota for breeding and the species remain the property of the Philippine government.

Recently, through the assistance of Rep. Edgar Chatto of the first district, the tarsier sanctuary undergoes improvement of facilities, including the landscaping with an allocation of P1.5 million from the Philippine Tourism Authority.

The congressman has also been credited for securing a yearly P5 million allocation in the annual budget for the tarsier preservation program coursed thru the Department of Environment and Natural Resources..

The sanctuary development has boosted the campaign to view the endangered specie right in its natural habitat.

Guv to DENR: "Close outfall"

2008-12-01T05:09:00.000-08:00

Gov. Erico Aumentado demanded the closure of the San Jose drainage outfall amid an "environmental disaster waiting to happen if the Department of Environment and Natural Resources (DENR) will not act accordingly.

This was contained in a strongly worded letter of the governor to DENR Sec. Jose "Lito" L. Atienza, Jr. following laboratory tests which showed coliform contamination and toxic and deleterious pollutants coming from the drainage outfall which was ordered open by the city mayor last Nov. 6.

The governor earnestly appealed to Sec. Atienza to close the outfall and open it only during heavy rains to prevent flooding along CPG North Ave., but immediately close the outfall thereafter.

"This is the recommendation of PENRO Nestor Canda," the governor said after Sec. Atienza asked for an investigation and recommendation on the impending environmental problem in the city.

He likewise asked Sec. Atienza for "DENR to order the implementation of cutting of alleged illegal connections while waiting for the Tagbilaran City waste water treatment facility to be operational." However, he said that those disconnected from the drainage system must be allowed to reconnect and pay the drainage and sewerage service that the city may impose to recoup the cost of setting up the facility.

Sec. Atienza acted swiftly on the governor's request in his bid to save the seawaters fronting the Tagbilaran City Port which is the country's first "tourist port" declared by the Philippine Ports Authority.

Dispatched by Sec.Atienza is a team from the EMB-Central Office led by Engr Esperanza Sajul, chief, monitoring section and another team from EMB-Central Visayas office led by Atty. Fernando Alberca.

Findings of both teams will be submitted to the DENR secretary tomorrow.

DENR authorities were alarmed that coliform are "too numerous to be counted (2,000 colonies/100 ml) as shown in the lab test of the University of San Carlos Water Laboratory test and another test of the Provincial Health Office which showed 2,400 colonies per 100 ml.

The governor stressed the situation, if allowed to continue, will pollute undoubtedly the Tagbilaran Bay and the beach lines of Panglao island facing Tagbilaran and Maribojoc Bay, the resorts along the city's shorelines, particularly the Bohol Tropics Resort Club which is the venue of national and international gatherings.

The marine ecosystem in the city and Maribojoc Bay which are the sources of livelihood for marginal fishermen will face tremendous destruction unless this grave public nuisance shall be abated, the governor stressed in his letter to the DENR secretary.

He quoted Prov’l. Heath Officer, Dr. Reymoses Cabagnot and Renato Villaber, head of the Bohol Environment Office as stating in their respective reports that the "results on the fecal and coliform counts which are way above acceptable standards" will definitely pose danger to the health and safety of constituents.

SITUATIONER UPDATE

A check made yesterday afternoon at the San Jose outfall showed that the flow of "odorous and polluted" water continuously flows at 5-8 kph while the width of the gushing water reached to 50 cms, but following heavy downpour as checked last Nov. 15 (14 days ago) the volume even doubled, according to international ship captain Jun Mendez.

During his spot check at the outfall yesterday, he recorded the volume of water (from the drainage outfall) coming out to the seawaters at 1 drum per 15 minutes or 19,200 liters daily.

"This will be a major destruction and pollution to the marine ecosystem." he stressed.

The outfall is directly across the Tagbilaran City Port which is barely 520 meters and just a stone's throw away from the Bohol Tropics Resort Club.

THE ‘CHA-CHA’ TRAIN HAS LEFT THE STATION

2008-11-23T06:29:00.001-08:00

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

2008-11-23T06:26:00.000-08:00

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

2008-11-16T05:33:00.000-08:00

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

2008-11-16T05:32:00.001-08:00

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?

2008-11-16T05:31:00.001-08:00

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

2008-11-16T05:30:00.000-08:00

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

2008-11-16T05:28:00.000-08:00

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

2008-11-16T05:27:00.001-08:00

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”

2008-11-16T05:23:00.000-08:00

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.

NYC commissioner in hot water for “forgery”

2008-09-21T19:30:00.000-07:00

A Boholano commissioner of the National Youth Commission (NYC) is under fire following the filing of both administrative and criminal charges against him before the Ombudsman for alleged misrepresentation and forgery.
According to a reliable source, SK leader of Iloilo is taking the cudgels in filing appropriate charges against Commissioner Benjie Oliva, of Catigbian town, before the DILG and the Ombudsman.
SK Bohol led by federated president Jane Censoria Cajes is not taking the issue for granted as it also planned to formally file separate charges against Oliva, the source said, saying this is the only way to rectify what they perceived as corruption of the youth.
The case stemmed from Oliva’s alleged forging the signature of Sec. Ronaldo Puno of the Department of Interior and Local Government (DILG). He allegedly used DILG’s memorandum with Puno’s (forged) signature in it for the conduct of the Integrated Sangguniang Kabataan Organizational Leadership and Reorientation-Basic Orientation Seminar (ISKOLAR-BOS), collecting PhP4,000 for each SK participant as registration fee.
The “forged” memorandum circular was practically addressed to SK officers in regions six, seven and eight, urging SK’s participation for the program. But unfortunately, SK Bohol, belonging to region 7, was “deliberately” excluded in the said memorandum, the source said.
According to the source, the alleged forged signature did not match with that of the original (memorandum) bearing the serial number of Puno’s signature.
The original memorandum circular (with No. 2007-03) dated January 8, 2007 bore the same number but dated January 11, 2007 with different addressee, the source said.
In a phone interview yesterday, Oliva did not confirm nor deny the allegation against him. He said Cajes and company are probably the ones who made this issue blown out of proportion “to discredit him.” He said he did not receive a complaint yet filed against him.
Oliva said he is set to talk this over this week with the SK Bohol represented by Cajes.
While he is contemplating to get reappointed to NYC, Oliva said he is securing clearances from the National Bureau of Investigation, Ombudsman, Sandigan Bayan and other credentials for his reappointment by President Gloria Macapagal-Arroyo. His term in the NYC is due to expire yesterday after a three-year term of office.
He said he also got endorsements from Bohol Gov. Erico Aumentado, Congressmen Adam Jala and Edgar M. Chatto (3rd and 1st dist) but not from Congressman Roberto C. Cajes (2nd dist), father of Jane Censoria Cajes.
Implications of the issue of Oliva’s case may have, perhaps, far-reaching effects, the source said. For sure, Oliva’s obsession to be reappointed to the same position may be in jeopardy once the complaint is raised, the source said. (RVO)

Water sale to Cebu revived

2008-09-21T19:29:00.001-07:00

MACTAN, Cebu. – The proposal for Bohol to sell water to Cebu was revived even as the plan for the Cebu-Bohol friendship Bridge is considered a factor for the said water project.
Former Pres. Fidel Ramos last Thursday revived the proposal as the only way to solve Metro Cebu’s water crisis.
But the idea was met with lukewarm reaction by advocates of sustainable water who preferred developing Cebu's small river systems to address the water shortage.
Ramos, who was in Cebu to keynote the 8th Asia Pacific Roundtable for Sustainable Consumption and Production, said Cebu will have a big water problem unless it cooperates with its neighboring province.
He said Bohol has a good water supply because it has a network of irrigation dams. Excess water flushes out to the sea instead of being utilized, he added.
“This was a project we wanted to put up 15 years ago with (former Cebu governor) Lito Osmeña through a BOT (build-operate-transfer) scheme. A pipeline will connect Bohol to Cebu,” Ramos told reporters in a press conference.
The project did not push through because of “cultural reasons,” he said.Ramos said Boholanos were hesitant to supply water because they did not want Bohol to be considered as a “colony of Cebu.”
Ramos was president when the national government footed the bill for a multi-million feasibility study for the Bohol-Cebu Water Supply Project, which would cost about P3.2 billion.
The ambitious project was to bring in water from Inabanga town in Bohol to Mactan Island, Cebu through a 30-km submarine pipeline. Pumping stations would then distribute the water to other areas of Metro Cebu.
It maybe recalled that a foreign consortium, ANGLO and its partner Kinhill Brown & Root, submitted a BOT proposal to the Bohol provincial government and the Metropolitan Cebu Water District (MCWD).
But the project did not push through mainly due to the objection of the Boholanos who feared the effects of the project on the environment. They were afraid that it would deplete their own water supply.
Osmeña, who was then economic adviser to Ramos, had explained the project would only harvest the run-off water from the river before it would reach the sea.
Aside from the objections of the Boholanos, Ramos said the project also lacked investors who were willing to gamble to take on the project.
“You need somebody who’s willing to gamble in the project. Our capitalists here are siguristas...We need (people like that) for water,” he said.
Ramos said the project could still be feasible and doable if the plan to construct the Cebu-Bohol Friendship Bridge would push through.
The 90-kilometer bridge (including its causeway) which will connect Cordova town on Mactan Island, Cebu and Getafe town in Bohol, has an estimated cost of P20 billion.
Buying water from Bohol in the year 1995 would cost P60 per cubic meter.
It would be the same cost as building the proposed 90-meter high dam in Mananga.
.Cebu City Planning and Development Coordinator Nigel Paul Villarete said Metro Cebu uses 100 percent ground water unlike in Manila that uses 60 percent surface water and 40 percent ground water.
Data from the MCWD’s Water Resources Knowledge Center showed that from June 2007 to June 2008, average water production reached more than five million cubic meters per month or roughly 166,000 cubic meters per day.
More than four million cubic meters were derived from ground water, while more than 200,000 cubic meters were obtained from surface water sources.Another 435,00 cubic meters were sourced from bulk water suppliers like Mactan Rock Industries Inc., Foremost Water and Abejo Builders Corp.
There is a dam which is supposed to provide 500,000 cubic meters of water every day but it can only give 156,000 cu m because of siltation.
Siltation, which is primarily due to illegal logging and kaingin (slash and burn farming), occurs when soil or sediment gets suspended in bodies of water resulting to muddy and dirty water.
Quoting 2004 results of the Water Remind project sponsored by the Dutch government, Metro Cebu has a total demand of 284,000 cubic meters of water every day. But MCWD can only provide 170,000 cubic meters or 60 percent --of the total demand.
Rapid economic development and population growth will increase daily water demand by more than 300,000 cubic meters in 2012.
Metro Cebu covers the cities of Cebu, Talisay, Mandaue, Lapu-Lapu and Naga and the municipalities of Minglanilla, Consolacion, Liloan, Compostela and Cordova.
As of June 2008, MCWD has 118,161 water subscribers. (Cris Evert Lato, Cebu Daily News)

Lim calls Chatto for “open line”

2008-09-21T19:28:00.001-07:00

City Mayor Dan Lim yesterday called for an “open line” with Rep. Edgar Chatto whose political paths always comes opposing at each other because of the former’s allegations that the last-termer solon has positioned his brother-in-law, City Vice Mayor Jose Antonio Veloso to run against him in the 2010 elections.
However, the vocal mayor sounded “friendly” yesterday when he appreciated the call of Rep. Chatto in his top-rated “Mayor’s Report” over dyRD where the solon explained his side regarding the raging issue on the drainage problem in the city.
For his part, Chatto said the communication line to the city mayor remains open as far as he is concerned especially that the city belongs to the 1st congressional district.
Lim and Chatto who call each other as “chief” sounded so calm and friendly over the airlane yesterday.
The mayor told the solon “it’s better if we always communicate personally and not send messages through Provincial Board Member Ae Damalerio or Vice Mayor Veloso.”
For Lim, he considers both Damalerio and Veloso as political allies of the solon.
It maybe recalled that Lim reacted sharply when Damalerio who is the chair of the committee on environment of the Sangguniang Panlalawigan commented on the drainage issue.
The city mayor is always quoted as saying that both the provincial board member and the vice mayor are speaking like “spokesmen” of Rep. Chatto.
For their part, Damalerio and Veloso always defend themselves saying that if they tackle public issues, they are acting on their individual capacities as duly elected officials and not as speakers of the solon.

City to stop sale NPC power plant

2008-09-21T19:25:00.000-07:00

City Mayor Dan Lim yesterday declared he will be filing a complaint at the Regional Trial Court against the bidding and sale of the Bohol power diesel plant by the National Power Corporation (NPC).
Speaking during his weekly “Mayor’s Report” over dyRD, Lim said he has taken the cudgels for power consumers in starting a campaign to stop the sale that will result in the escalation of electricity rates.
“The sale of our power plant to private groups must be stopped,” the mayor stressed as he called for unity in the drive against the sale.
The NPC through the Power Sector Assets and Liabilities Management (PSALM) has put up for bidding the 22-megawatt Bohol Diesel Plant in Dampas.
Mayor Lim said that if the plant is sold, “the power rate in Bohol will double.”
He said that if the power generation is already handled by the private sector, there will no longer be government subsidy on the cost of power.
The present power requirement of the province is being served by Bohol Electric Cooperatives (Boheco) I and II and the Bohol Light Corporation Inc. (BLCI) which in turn purchase power from the NPC.
A comparative schedule of power rates provided by the mayor to the Chronicle showed that NPC, which owns both the Leyte Geothermal and the Bohol diesel plants which are its power sources, sells power to the cooperatives and BLCI at P2.8679 per kilowatt hour (Kwh) as approved by the Energy Regulatory Commission (ERC).
BLCI is selling electricity at about P7.50 per Kwh after transmission charges, franchise and benefits to host communities, adjustments, overhead and profit.
The ERC-approved NPC generation charge is much lower than the true cost of the power generated by the NPC Bohol diesel plant which uses the expensive bunker and diesel fuels.
“Considering that the price of crude oil as of September 18 is at US$91.54, NPC’s actual cost of producing power is about P10.15 Kwh,” the mayor reasoned.
NPC is able to sell its power at P2.8679 Kwh since it has large coal plants elsewhere in the country that run on cheaper fuel to subsidize its diesel plants.
Lim revealed that PSALM has already advertised its invitation to bid last September 3 to 5 for both the 146.5 megawatt Panay diesel power plant and the 22-megawatt Bohol diesel power plant on an “as is where is” basis.
“If the Dampas diesel plant is sold to the private sector, Boholano power consumers will no longer avail of subsidized cost of power from NPC,” Lim warned.
The mayor said that with the high cost of crude oil and the margin of profit, the power rate will “soar to the sky”.
The Sangguniang Panlungsod on Friday likewise sponsored a resolution urging the NPC and PSALM to defer the bidding of the Dampas diesel plant.
“The withdrawal of the government subsidy will mean an increase in power rates to at least twice the price of power currently being paid by power consumers to prohibitive levels,” the resolution stated.
The SP measure was sponsored by City councilors Edgar Bompat, Oscar Glovasa, Leonides Borja, Nerio Zamora II, Danilo Bantugan, Faro Cabalit and Rammy June Alturas.
Lim also challenged provincial officials to rally behind the move blocking the sale of which “could more than double the power rates.”
He said he will be meeting with Gov. Erico Aumentado on Tuesday where he will also raise this concern.
“High power rates will trigger economic crisis and will negate development initiatives that have been undertaken in Tagbilaran and the province,” the mayor concluded.

( By KIT BAGAIPO)

30 days to cut sewerage lines

2008-09-21T19:23:00.000-07:00

Commercial buildings and homes connecting to the city drainage network will be given 30 days to voluntarily cut their sewer lines.
This was the ultimatum given by City Mayor Dan Lim yesterday during his weekly “Mayor’s Report”.
Lim said this is an offshoot of a dialogue with Sec. Jose Atienza of the Department of Environment and Natural Resources (DENR) who came here on Wednesday to keynote a national gathering of foresters at the Bohol Tropics Resort.
According to Lim, he has coordinated with the local DENR in order to draw the guidelines in cutting the illegal sewer lines tapped into the city drainage as recommended by Sec. Atienza.
Sec. Atienza said the city government should implement the disconnection.
He declared that city residents should not be made to suffer because of violations committed by some business establishments and households that are connecting their sewers into the drainage system.
Atienza’s decision guided local authorities on how to resolve the deadlock after blaming each other including the DENR and the Department of Public Works and Highways.
Majority of city residents, meanwhile, disagree on Atienza’s decision. In a survey conducted by dyRD’s top-rated “Inyong Alagad”, 83 percent of the respondents said they want the illegal connections to be plugged before opening the drainage outfall in Graham Avenue.
Lawyer Victor dela Serna, owner of the lot where the drainage outfall is located, has also aired concerns over Atienza’s decision.
“It seems that City Hall is apprehensive of implementing its own ordinance (prohibiting the illegal drainage taps) since most of the violators are prominent businessmen and influential city residents,” Dela Serna noted.
Atienza however clarified that he has explicitly ordered the local DENR to coordinate with the city government and ensure that the water that will be discharged from the drainage will not spoil the marine environment in Tagbilaran bay.
“I have been apprised of the problem and I also believe residents should not be sacrificed everytime there is a heavy downpour,” he said.
“However, since there are laws prohibiting sewer lines coming from commercial buildings and households, violators must be punished,” Atienza stressed.
Atienza reasoned that the volume of pollution brought by the clogged drainage network and the illegal connections could not be determined unless it is submitted for laboratory test.
PENRO Nestro Canda told the Chronicle he will bring samples of water from the drainage when he goes to Cebu tomorrow.
“Our technical men will monitor and get water samples by the time the drainage is opened.”
“While we are not yet able to correct the irregularities, I have instructed the local DENR to coordinate with the city government and rush the cutting of illegal connections,” Atienza declared.
Atienza pressed that it is the local government units who should implement the disconnection.
“I am an advocate of local autonomy. Local government units must be supported so that they will have the political will to implement our laws.”
“The plan of the city government to put up a waste water treatment facility must be fast tracked,” Atienza urged.
The DENR boss said it is much easier now to go after environmental violators as so-called “green courts” have already been established by the Supreme Court to handle cases pertaining to the environment.
The city drainage system along CPG Avenue is packaged with the Bohol Circumferential Road Improvement Project as implemented by the Project Management Office (PMO) of the Philippine Japan Highways Loan Project who had Hanjin Heavy Engineering doing the construction.
Hanjin had said that the illegal connections got the green-light of the PMO, despite the fact that the project specifically states that the canals would only be for rain water.
To put up a conduit for the rain water to flow out to the sea, the DPWH implemented the San Jose street drainage and outfall towards Tagbilaran bay.
(By KIT BAGAIPO)

Solons to block population bill

2008-09-15T01:15:00.000-07:00

All three Bohol congressmen vowed to oppose the passage of the controversial population management bill even as the measure is gaining supporters ahead of plenary debates in the House of Representatives starting tomorrow.
While more congressmen are purportedly backing House Bill 5043, a bill seeking to enact a population control measure, Representatives Edgar Chatto (1st district), Roberto Cajes (2nd district) and Adam Relson Jala (3rd district) stood firm with their position to vote against the measure.
Chatto told the Chronicle yesterday that the three Bohol solons are all pro-life and will not support HB 5043.
“We have been consistent with our position that we are against the measure which actually weakens the fiber of moral life,” Chatto stressed.
Cajes, for his part said he will definitely vote against the reproductive health bill adding that “it will not compliment sound economic policy neither will it contribute to poverty reduction.”
“Self-discipline and self-control will solve most, if not all, our problems,” Cajes pointed out countering the argument of the bill’s proponents that over-population is interrelated with poverty.
Meanwhile, Tagbilaran Bishop Leonardo Medroso also renewed his call for the faithful to help lobby to lawmakers and persuade them to block the reproductive health bill.
Medroso, chair of the Catholic Bishops’ Conference of the Philippines (CBCP) Episcopal
Commission on Canon Law, said the issue is a serious matter for the Church because “it is a threat to the sanctity of family and life.”
HOUSE DEBATES
Vigorous debates on the proposed measure is expected during the House plenary starting tomorrow.
Yesterday, HB 5043 chief proponent and Albay Rep. Edcel Lagman fired the opening salvo declaring that the Catholic Church would render itself “irrelevant” to its flock by continuously opposing the bill.
Lagman insists that an overwhelming number of Filipinos “strongly approve of the government’s allocation of funds for modern contraceptives.”
“If the Catholic Church wants to continue to become significant in the lives of the faithful, [it] must listen to [its] flock or risk of becoming irrelevant,” he said.
SOUND ECONOMIC POLICY
According to Chatto, a sound economic policy should address the issue on poverty.
“Personally, in the hierarchy of values there are provisions in the bill that I cannot take such as encouraging sex education at a very young age,” the solon explained.
Chatto said the provision for full access to modern contraceptives would also mean a huge cut of our national allocation for public health.
He explained that if the bill is adopted, contraceptives will be accessible alongside with common drugs.
Chatto believes that achieving the desired size of a family can be accomplished through a joint advocacy of the state and the Church such as providing opportunities for work.
BIGGER PROTEST
Bishop Medroso led a huge crowd more than a month ago to rally against the House bill.
Medroso, considered as one of the Catholic Church’s influential leaders, promised a “bigger protest” if Congress will approve the bill.
“Boholanos have shown their faith in God recognizing the sacredness of life,” Medroso said.
Catholic dioceses in the country have been holding prayer rallies, and started lobbying to lawmakers.
“Dioceses nationwide should unite for the nationwide protest to reject a proposed bill that destroys life,” Medroso added.
Medroso said he is ready to mobilize parishioners in the Tagbilaran Diocese for the success of the campaign to scrap the legislative measure.
SURVEYS
With the House debates set beginning tomorrow, Lagman made public a Pulse Asia survey that purportedly indicated popular support for his population control advocacy.
He said that the survey, conducted before the 2007 elections, showed that 90 percent of Catholic respondents supposedly “declared their support for state subsidy of modern contraceptives.”
Catholics opposed to the bill consider the state subsidy provision an affront to their religious belief, noting that the government would be using taxpayers’ money, which is collected mainly from the predominantly Catholic population – for a policy directly against the teachings of the Church.
More than four decades ago, Pope Paul VI issued an encyclical “Humanae Vitae” to enlighten its faithful on questions over matters such as over-population.
The document, for instance, tackles the common argument of “pro-choice” lawmakers that contraceptive use would lead to “women empowerment” in the face of their partners’ domestic abuse, a situation supposedly prevalent in rural Philippines.
“A man who grows accustomed to the use of contraceptive methods may forget the reverence due to a woman, and, disregarding her physical and emotional equilibrium, reduce her to being a mere instrument for the satisfaction of his own desires, no longer considering her as his partner whom he should surround with care and affection,” Paul VI wrote in 1968.
But Lagman insisted that according to the Pulse Asia survey results, 89 percent of the respondents were in favor of government fund allocation for contraceptive methods such as pills, intrauterine devices, condoms, ligation, and vasectomy.
Overall, he said, 92 percent of them “believe it is important to mitigate fertility and plan their family.”
By KIT BAGAIPO

Panglao Officialdom passes test

2008-09-06T19:24:00.000-07:00

If Panglao Island was an Academy, its officialdom passed the Pre-Finals Test last Friday.

Keeping their cool, though privately peeved by the political intramurals in Panglao politics, the prime movers Governor Rico Aumentado and First District Congressman Edgar Chatto convened the Panglao officials before scores of private stockholders, long agitated by the stalemate over the potable water issue in the island Paradise.

The backdrop was grim as the result so damaging if no decision was made Friday. It would have be prejudicial to the efforts to buttress Panglao's claim as successor to the famed Boracay and the P 4-Billion international airport project would have seemed to outsiders like a daunting task - given the fact that people could not even resolve the water issue.The clock was ticking - and time waits for no one.

So it was perhaps the fear of a business disaster and public relation nightmare - that Panglao officials led by Mayor Benedicto Alcala and Vice Mayor Pedro Fuertes finally buried the hatchet under the glare of media, the Provincial Officaldom and tourism stakeholders.

They blinked amidst this pressure - and the Sangguniang Bayan of Panglao was post haste assembled and decided the Panglao Potable Water Project will now go on with Competitive Bidding rather than Open Access execution at the soonest possible time.

Why it would take the iron fist of the provincial brass and an peeved public opinion to address a basic concern an issue in Panglao is an indictment against the parochial politics of destruction and nihilism of the island officials. The successful Friday consultation also proved, however, that they are not beyond redemption.

But after the press photo opportunity, the Final Test of implementation is still to be carried out.
Let's do the competitive bidding with utter transparency and meritrocacy in mind and filter out the bogus, fly-by-night pretenders.

No other day must be lost hereafter - otherwise the sin of procrastination and sloth will be added to the previous list of parochialism, politicking and fighting for vested self interest. The people of Panglao and Bohol have had enough.

The time for final redemption of Panglao is about to begin.

Guv defends purchase of BMs’ 13 Crosswind

2008-09-06T19:21:00.001-07:00

Countering allegations that the 13 Isuzu Crosswinds for provincial board members is overpriced, Gov. Erico Aumentado said the bidding and award of the purchase contract is in order.

The vehicle purchase is funded out of a P10.8 million savings of the provincial government from salaries of unfilled positions in its different offices.

Aumentado personally presented a computation of the purchase of the 13 brand new vehicles refuting claims that the Crosswinds are overpriced by at least P17,000 each.

The bidding and award of the vehicle purchase already raised doubts when only one bidder, Isuzu Mandaue, submitted a proposal.

According to Aumentado, the approved budget of the contract (ABC) was P10,666,914.83 or P820,531.90 for each unit. This unit price is allegedly P17,000 higher than the selling price of a local Isuzu dealer.

The submitted price of Isuzu Mandaue exactly matched the ABC.

However, the governor justified that due to government procurement rules which requires deductions of 1% for EVAT and a withholding tax of 5%, the net cost of each unit is already P771,709.41.

Aumentado said the net price is much lower than the alleged selling price of a local supplier which is P783,000.

The purchase of new vehicles for provincial board members provoked a public debate as most of the existing vehicles of the lawmakers are still serviceable.

Board members explained that the purchase of new vehicles were necessary for them to efficiently attend to the needs and concerns of their constituents.

Vice Gov. Julius Caesar Herrera himself said that the vehicles are “a necessity rather than a luxury”.

The plan to buy new vehicles started in 2005, when Herrera objected to the high maintenance and repair costs incurred by the provincial government on the old vehicles.

Aumentado said under the Government Procurement Act, awarding a contract to a lone bidder is allowed as long as the bid price submitted is responsive to ABC.
(By: KIT BAGAIPO)

ERC to rule on franchise tax; Critics “no show” at hearing

2008-09-06T19:19:00.000-07:00

The Energy Regulatory Commission (ERC) can now rule on a petition filed by Bohol Light Company Inc. (BLCI) to collect franchise taxes from its power consumers.

Not a single oppositor on Bohol Light’s petition attended the public hearing called by the ERC last August 28 despite a much-hyped opposition led by Tagbilaran Mayor Dan Lim who challenged the legal personality of the utility firm.

ERC Commissioner Rauf Tan, who presided the public hearing, said the failure of the oppositors to manifest their position on Bohol Light’s petition will be treated as a waiver of their right to argue their position on the matter.

Lim, together with Nemesio Monton of the Tagbilaran Association of Concerned Consumers Organization (Tacco), were the main oppositors of the petition.

During the Sangguniang Panlungsod (SP) regular session on Friday, Kag. Anne Mariquit Oppus queried on the mayor’s failure to attend the ERC hearing.

Kag. Danilo Bantugan explained that the legal panel representing the mayor had decided for a no show before the August 28 hearing.

The statement of Bantugan contradicted the mayor’s explanation yesterday during his weekly “Mayor’s Report”.

According to Lim, the notice of the hearing was received by his office on August 26. However, he was able to read it only on September 1 as he was in Manila for the ISA presentation.

A check made by the Chronicle at the LBC, the mail courier of the ERC notice, revealed that the notices were received by Bohol Light, the City Legal Office, the Mayor’s Office and Monton’s legal counsel Atty. Magdoza all on August 22.

Bohol Light will charge P36.5 million worth of franchise taxes it paid to the national and city governments since 2001.

The franchise taxes will be added as a separate item on the monthly electric bills of consumers for a period of three years.

It may be recalled that Lim opposed the tax recovery measure and raised a pre-judicial question regarding the validity of Bohol Light’s franchise that was issued by the National Electrification Commission on July 10, 2003.

Citing the provisions of the Electric Power Industry Reform Act (EPIRA) that gave exclusive authority to the House of Representatives in issuing franchises in the transmission and distribution of electricity, Lim asked the ERC, to rule first on the franchise issue before giving due course to Bohol Light’s petition. (With reports from Chito Visarra)
(By KIT BAGAIPO)

Panglao agrees to bid water supplier

2008-09-06T18:49:00.000-07:00

The tourists’ haven of Panglao would finally get the potable water, as elusively pursued during the past decade due to political intramurals among its local officials.

This breakthrough came last Friday after the provincial leadership intervened to “rescue” the never ending debates on which waterworks utilities would serve the water requirements in the various beach resorts and the residences of this coastal municipality.

Gov. Erico Aumentado and Rep. Edgar Chatto took time to preside over a public consultation/hearing to resolve the deadlock on the water issue which dates back to the previous administration of then Panglao Mayor Doloreich Dumaluan.

The urgency to solve the water issue came as the construction of the proposed Panglao Bohol International Airport is slated to commence first quarter of next year.

The five-hour public consultation at the Panglao Island Community Center was attended by some 100 stakeholders including resort owners who expressed dismay on the delayed resolution of the water controversy.

In their efforts to prove attendees that they are also in search for the entry of a waterworks utilities, Panglao Mayor Benedicto Alcala and Vice Mayor Pedro Fuertes made an unprecedented move to convene a special session of the Sangguniang Bayan in the presence of the stakeholders who were eager to know the final decision to be reached by the warring political factions.

The public consultation paved the way to the holding of the special session where the town lawmakers were united, for the first time, to approve an open competitive bidding for whichever waterworks firms interested to serve Panglao especially with the forthcoming construction of an airport.

Provincial BM Ae Damalerio was appointed to moderate the public hearing.Aumentado praised Alcala, Fuertes and the councilors for showing true statesmanship “by putting the interest of Panglao and its people first over and above their personal interests.”Following the PowerPoint presentation of lawyer John Titus Vistal, provincial planning and development coordinator, that gave a choice between a competitive bidding or open access mode of implementing the waterworks system improvement, the choice of the stakeholders, the mayor and the SB gravitated towards competitive bidding.The town gets to operate the existing waterworks system and stands to gain from the economic enterprise. It will also revamp the existing pipe network, making use of a 14-inch diameter mainline, taking care that the it as well as lateral lines do not cross the runway of the Panglao Bohol International Airport, and expand the pipe network to all sitios. The winning bidder will source the water from mainland Bohol.In contrast, the open access mode will allow several entities at the same time to install pipelines from their respective water sources outside of Panglao going to the town as well a build their respective piping networks to serve their consumers. This augurs well for a healthy competition – making water services good but keeping the prices down. Alcala said the water problem – although long suffered by the residents – is relatively easy to solve. All he needed, more than the money to upgrade the existing pipelines, expand the water system to cover all barangays and sitios, and to buy the fresh water that has to be sourced from outside of the island, is “concerted efforts” from the SB. During his previous term, he had started looking for solutions to the perennial lack of fresh water in Panglao but, he lamented, his successor, Dr. Doloreich Dumaluan, did not pursue the plans, hence the problem has persisted until now – his first term as mayor again when given a fresh mandate in 2007 by the people..For his part, Fuertes said at least four companies have presented proposals already. The SB would like to tap the one most beneficial to the resort town to address once and for all the salty and insufficient water supply.The SB members also took turns expressing their intention to solve the water lack.The competitive bidding mode ultimately won.Aumentado and Chatto expressed elation that the water issue was finally resolved.Realizing that they had the same objective with the mayor after all – to provide the Panglaoanons including the tourists with potable, sanitary and safe drinking tap water instead of the salty one available from current sources – the SB passed as resolution in a special session within Friday’s public consultation to adopt the competitive bidding mode.The governor assigned Vistal to sit down with the municipal planning and development coordinator and the town’s recently created technical working group (TWG) for water to craft the terms of reference so that the notice of bidding can be published the soonest possible time.Friday’s public consultation in essence scrapped the SB’s plan to tap the Asia Mizu, Inc. a Cebu-based company that had expressed interest to bulk-supply fresh water. The SB even already passed a resolution authorizing Alcala to enter into a contract with the company for the bulk water deal.Alcala however balked, saying he is not keen on signing the contract because in the first place, he has not even seen it.

He questioned the resolution favoring Asia Mizu when there are other suppliers like the Bohol Water Utilities, Inc., Mactan Rock Industries, Inc. and the Maynilad Water, Inc. that have also expressed interest in providing bulk water supply.

Are we ready for federalism?

2008-08-30T18:08:00.000-07:00

The proposed shift from our present Unitary to a Federal State will appear radical to many.

But at the crux of the matter is the philosophy of its advocates to weed out the inordinate powers of Central Government (Manila) and delegate such into 11 Federal States.

From our research on the Pimentel Federal Bill, the country will be divided into 11 states: States of Northern Luzon, Central Luzon, Southern Tagalog, Bicol, Minpaprom, Eastern Visayas, Central Visayas, Western Visayas, Northern Mindanao, Southern Mindanao and the Bangsamoro State.

Bohol could be included in the State of Central Visayas to include Cebu, Bohol, Negros Oriental and Siquijor. The State Governor and Vice Governor will be elected state-wide while each province and city will send three representatives to the State Legislature.

However, of the three representatives for each province and city, one of the three should be nominated by the Opposition Party. This would prevent inordinate advantage of the Party in Power.

There will likewise be sectoral representatives (nominated, not elected) by the Fishermen, Farmers and Senior Citizens Groups for just representation of the marginalized sectors. This is probably the equivalent of the Party List who are, however, elected at large in our present system.

Their will still be trial courts, court of appeals but the Regional Court's decision will be final and executory. Conceivably, in our case, the Executive (Governor's Palace) could stay in Cebu, the State Legislature in Tagbilaran City and the Regional Court in Dumaguete City. That's a literal dispersal of the seats of power.

A Senior Ombudsman will be located in central Manila but with deputies in Cebu and Davao to again fast track cases against erring officials. The Military will no longer have a separate Ombudsman.

There will still be a Federal Commission on Audit to put things in order and a Department of Interior and Local Government to mediate state disputes. Conceivably each state will have its own Cabinet of departments and their secretaries.

A president and vice president of the Federal Republic of the Philippines will be elected at large together with the governors, state legislature and local officials. All officials will have three terms and with four years each term in succession as allowed by law.

An interesting feature of Federalism is that any citizen can complain against any official and such case will be calendared within three session days. After 30 days the Legislature will move for the impeachment of such individual if the complaint is valid and legally tenable. This, theoretically, should keep the corrupt and abusive officials constantly to be on their toes.

The fiscal autonomy of the States is perhaps the most important aspect of Federalism. Today, so much bureaucratic red-tape is inflicted in the budget making and allocation process and some LGUs are actually left with no development funds.

Federalism, on the other hand, mandates that all national and city taxes (IRA) will go 80% to the states and only 20% to the Federal Government -placing the development funds mostly in the hands of the States, not Imperial Manila where today (in the unitary system) the Executive (President) through its 21 line agencies and departments is considered as the "biggest dispenser of pork barrel."

The peace and order situation will be handled by the State Police but the Federal Police and Army can be called on to assist in major delicate security situations. The national military defense of the nation, however, will still rest upon the shoulders of the Federal Government.

In terms of conflict, the rule of the State will prevail over that of the National as long a such law does not transgress the spirit and the letter of the Philippine Constitution.

If the aborted MOA on the Bangsamoro Juridical Entity would be a basis, the leeway by which States (not the National Government) will develop the natural resources within its territorial land and waters (15 kilometers off the shoreline) is extremely high. The beginnings of fiscally and economically independent states is appearing on the horizon.

Base on that same MOA, beyond the 15 kilometers, the State and National Government can do a joint venture for tapping of resource (i.e. gas, oil, minerals and marine assets) but with the State owning up to 75% of the profits and the Federal Government only 25%. That is remarkably bias in favor of the State.

The evolution of the proposed Federal States of the Philippines is taking shape fast and furious. Every sector should be informed on the implications of the radical shift in the form of government in the country.

A national debate on the pros and cons of Federalism is not only good - but necessary.

Let us see if the shoe fits, as they say. If it does not, our feet will hurt while running.

Dauis feud on fish cage far from over

2008-08-30T17:47:00.003-07:00

Queries on tourism and livelihood surfaced even as dispute between resort owners and fishermen in barangay Songculan, Dauis town over fish cage project is far from over.

Officials of the Sangguniang Panlalawigan environment committee and municipal government here are facing this challenge to resolve the row and must find “win-win” measure so that “everybody is happy.”

Resort owners, including Ma. Melinda Borja, Susumu Gomi, Enid Gomi and the Hidden Corals Resort, filed a complaint against a group of fishermen called Songculan Guso Farmers Association (Sogufa) led by its president Juanito Obispo.

They (resort owners) alleged that floating fish cages (bangus culture) and structures posed navigation hazard and “eyesore, insightly and unsuitable for tourist area.”

It pollutes the area because feeding materials and waste excretion drain to the water. “The project emits unpleasant odor, which again violates the rights of the residents of the area to have a healthy environment. Unpleasant odor is never pleasing for a tourist designated area either.”

Aside from this, the resort owners also said that the public and community were not consulted about this project. “There are no clearance from the barangay nor Environmental Impact Assessment (EIA) and Environmental Clearance Certificate (ECC)” were issued. The petitioners, however, pointed that they are not against the livelihood of the fishermen but that the project should be in order.

Obispo is wary about what might happen to the project if this would be removed elsewhere. He said he cannot decide for himself what to do with it because he has to consult his members first.

He said it was not choice of the fishermen to erect such project because it was the authorities concerned that technically recommended for the area to grow bangus.

Based on the Memorandum of Understanding (MOU), the project is a joint undertaking of the fishermen, the municipality of Dauis and the provincial government.

In fact, the MOU said the government recognizes the need to promote food security by increasing fish production through accelerated transfer of fishing technology and training of coastal fisherfolk as direct participants in the proper management of marine water. Both the resort owners and fishermen said the issue remained unattended by the municipal and barangay officials despite appeals.

The MOU was signed by Mayor Luciano Bonggalos, fisheries division head Madelone Rengel, and Obispo as verified by Atty. Jaime C. Jimenez on September 21, 2006. Executive director of PROCESS Foundation Emilia Roslinda, barangay chairman Filastro Ararao, assistant fishery division Jose Belga and Mae Ann Tercero representative of Bohol Marine Triangle stood as MOU witnesses.

FINDINGS

The ocular inspection last week revealed, among others, there was no consultation with the barangay officials in setting up the said project. This is confirmed by barangay officials led by captain Arao-arao in a huddle with the resort owners and fishermen during the visit. Barangay captain said that such project must be regulated to prevent others to follow suit and mushrooming the same (project) in the future.

It was also found out the MOU seemed to be “unauthorized” by both the SP and the Sangguniang Bayan, officials alleged. SB members who also with the ocular inspection claimed they were not aware nor consulted of the project much more the MOU did not pass the legislative mill pursuant to the Local Government Code.

What make the resolution of the row more complicated is that SB claimed there is none yet what it called as Coastal Resource Management Plan that would delineate and define and identify to put in place tourism belt and livelihood components.

SB members said they have not even furnished with the copy of the MOU, hence how come they act on said project.

Barangay officials tried to persuade the fisherfolk to transfer the project in a little distance because resort owners are willing to assist. In an interview, Gomi said she is willing to help to make the project transferred.

But Obispo told the inspectors that the fisherfolk do not want to transfer their livelihood after their recent meeting. Officials requested Obispo to furnish them with the minutes of the meeting rejecting the appeal for them to keep distance from the resorts.

The on-site inspection was also participated in by Dauis Kagawads Silvino Cinches, Crispin Tubayon and Jobert Bomediano, chairmen of the committees on agriculture, environment and tourism, respectively. Mario Limocon of PROCESS Foundation, representatives of the Bohol Marine Triangle, Edgar Petallar of the Bohol Environment Management Office and Bureau of Fishery and Aquatic Resources (BFAR). Provincial Board Member Dr. Bienvenido Molina, vice-chair of SP environment committee, went ahead of the team to see for himself the situation of the project. (RVO)

Lim: It pays to believe in God

2008-08-30T17:36:00.000-07:00

Tagbilaran Mayor Dan Lim yesterday said it pays when people believe in God and themselves.
Lim made the statement in the aftermath of his successful presentation of the Tagbilaran experience fifth investment forum sponsored by the Institute for Solidarity in Asia (ISA) at the Sofitel Philippine Plaza last Aug. 29.

“There are those who ask why we are succeeding in presenting ourselves as a city which is open to investors,” he pointed out.

Lim said initial findings reveal that investors are interested in Tagbilaran because of five main factors.

First, he said Tagbilaran has the best quality in life among cities with a population of less than 200,000.

The Asian Institute of Management (AIM) first gave this rating in 2006 and affirmed it this year.

Just like two years ago, AIM ranked Tagbilaran third over-all this year in its category.

Secondly, Lim said the city is very peaceful and people are highly secure of their lives.

The mayor recalled that a rash of criminalities rocked Tagbilaran early this year but the joint efforts led to the arrest and neutralization of the so-called Meloy Garcia gang which was the no. 1 most wanted group in Central Visayas.

“There is no such thing as a perfectly peaceful place. This is the closest that we can get to that,” he added.

Third, Lim said Tagbilaran is a city whose people know what they want and actively participate both in determining the direction the city is taking and in getting there.

Fourth, he lauded the city’s sound fiscal policies that convinced banking and financial institutions to give it a triple A credit rating.

“No bank or financial institution will be willing to lend if it is not assured that it will get its investment bank if not make money out of it,” he added.

Finally, Lim said Tagbilaran is a city that has clear directions spelled out in a road map prepared in consultation with the private sector, non-government and people’s organizations.

“It is true that we live in difficult times, dangerous times, discouraging times. We are a people who are aware of the odds but still refuse to throw in the towel,” the mayor noted.

He added that in a time of crisis and disappointment, the choice is between giving up and moving on.

The mayor also acknowledged the odds that the city has to overcome.

“It is one thing to do battle against adversaries like entrenched political dynasties, business establishments and criminal elements. It is another thing to deal with the enemy from within – bad habits, discouragement, despair and indifference,” he noted.

Lim said pointed out that even as people in other cities are the city is virtually in search of miracles, Tagbilaran is aspiring for growth and progress.

The mayor said that today, Tagbilaran is a city in search of a miracle, but quickly added that this is “good enough”.

“Miracles happen only to those who believe that they will happen. The people who look for miracles will find them in God’s appointed hour,” he concluded.

P4.2B airport oppositors meet project consultants

2008-08-30T17:32:00.000-07:00

The consulting firm of the Panglao Bohol International Airport has been tasked to confer with the oppositors of the P4.2 billion project in the next two weeks.

This development surfaced after economist Dr. Ernesto Pernia together with former University of the Phils. Pres. Jose Abueva and lawyer Manuel Cimafranca met last Monday with the main implementers of the airport project in Manila.

General Manager Alfonso Cusi of the Manila International Airport Authority (MIAA) told the Chronicle that the issue on why have an international airport was resolved.

The continued growth of tourist arrivals here could be the prime reason why the airport to be constructed should not just answer the needs of the present, but, look forward of what is beyond, Cusi stressed.

Likewise, he explained that the trend of the 21st century is building airports. It will be convenient for people to come to a place and thereby contribute to the economic growth in a specific area.

He cited China which is building more than 200 airports targeted to be completed by 2012.

Pernia said while it was understood on the need of a bigger airport, the question remains - why in Panglao when it is a tourist jewel.

He said the main point of their opposition to the airport project is the location and economic viability.

Pernia pointed out that he questions the construction of another international airport when a domestic airport would suffice the needs of the province.

“We also have to check on their claim that there is no other suitable place to build an airport here but only in Panglao. We have to check on it,” Pernia added.

“We should know after the presentation of the consultants and how we critique their feasibility study if the airport project should be pursued or not,” Pernia declared.

Earlier, MIAA assistant general manager Tirso Serrano bared that they are already on the bidding process for the detailed engineering design and construction management supervision of the airport project.

The bidding should have been completed last June 22 but was delayed “due to government procurement procedures for such a big project,” Serrano said.

The delay however would not affect the completion target set by President Arroyo in 2010, he stressed.

“Hopeless anti-graft system” – de la Serna

2008-08-30T17:27:00.001-07:00

The Ombudsman’s dismissal of a graft case against five National Irrigation Administration (NIA) officials for alleged anomalies in the multi-million peso Talibon Small Reservoir Impounding Project (SRIP) has drawn a wave of public ire condemning the country’s anti-graft system.

Lawyer Victor dela Serna has called the Ombudsman a “political instrument” with a two-pronged purpose that is fully wielded by those in power.

“The Ombudsman has become a political instrument to insulate government officials allied with the Arroyo administration from being prosecuted while it (Ombudsman) has become an instrument for harassment on those perceived to be political enemies,” Dela Serna said.

The former governor held that filing cases at the Ombudsman is “an exercise in futility” as he expressed dismay over the “hopeless” state of the government’s prosecuting arm of abusive public officials.

Dela Serna cited the scuttled National Broadband Network (NBN) deal that unleashed the Ombudsman to take legal action against those who exposed the irregularities of the multi-billion contract such as Jun Lozada while those who were accused of irregularities such as Comelec chairman Benjamin Abalos was not even charged with a single case.

In a similar comment, Atty. Artemio Cabatos of the Boholanos Against Corruption, Oppression and Social Harassment (Bacos) declared that the ruling of the Ombudsman “shattered people’s faith” on our criminal justice system.

“Is the loss of more than a hundred million pesos in government funds not a substantial legal basis for the filing of graft cases against the five NIA officials?” Cabatos asked, referring to the ruling of the Ombudsman citing “lack of legal basis” for dropping the complaint filed by Bacos.

During an inspection of the Talibon irrigation project in 2004, it was less than half completed while a fund outlay for its completion in the amount of P165 million was already exhausted.

Based on its revised approved budget for contract, the Talibon Dam would cost P243 million.

“The said appropriation was exhausted, but the project was less than half accomplished. What does the Ombudsman mean by ‘lack of substantial basis?’” Cabatos questioned.

RADIO SURVEY

A radio survey over dyRD’s top-rated Inyong Alagad showed that the public disagreed with the ruling of the Ombudsman.

Seventeen radio listeners who called up Inyong Alagad all aired their dissenting opinions regarding the finding that there is “lack of legal basis” to pursue the case.

All of them said they believed there were anomalies attending the project.

No one among the callers said they agreed with the resolution of the Ombudsman.

OMBUDSMAN HAS NO JURISDICTION

According to Cabatos, the Ombudsman is just an investigating body to help establish a case against reported corruption in government.

In 2004, the Talibon irrigation project’s manager and now provincial irrigation officer, Engr. Calixto Seroje together with 4 other NIA officials, were investigated by the Ombudsman Graft Investigator which found prima facie case against them.

“We expected the case to be elevated to the Sandiganbayan, which has jurisdiction over the case,” Cabatos stressed.

The Ombudsman’s dismissal of the criminal action, according to Cabatos, was not only improper but has also “put under serious doubt the integrity in government service and the capacity of government to dispense justice…”

“The only ground for the dismissal was lack of substantial legal basis, a ruling that was penned by an Ombudsman graft investigator that contradicted that of another graft investigator’s finding of prima facie case,” he pointed out.

“If there was prima facie evidence in 2004, why was it lost in 2006?” Cabatos asked.

According to Cabatos, “the people’s right to information and to protection against grafters clearly appears to have been schemingly violated.”

Bacosh, the main complainant of the case, represented by Cabatos, has already filed a motion for reconsideration at the Ombudsman.
(By KIT BAGAIPO)

‘Boom’ retains WBO bantamweight title

2008-08-30T13:43:00.000-07:00

CEBU CITY. Boholano boxing star Rey “Boom Boom” Bautista proved he still belongs to the elite group after he annihilated Mexican warrior Eden “Anestecista” Marquez in the second round of a scheduled 12-rounder last night at the Waterfront Hotel to retain the WBO Intercontinental superbantam title.

The 22-year old boxer from Candijay town emerged victorious in last night’s bout which is now his passport to a possible slot in a major event in the United States later this year.

Bautista who well defended his title in last night’s “WBO Night of Champions,” proved his entirely rejuvenated prowess after he showed his “sureness in defending himself” unlike his previous image as an eager beaver boxer who “does not reserve the best for last.”

The successful defense of his title was met with jubilation and pride especially from his province mates in Bohol whom he disappointed more than a year ago when he was defeated in a fight in San Francisco, California, USA.

Michael Aldeger, Boom Boom’s manager is very hopeful for a US fight against the Boholano boxer by the end of this year.

In the co-feature, WBO minimumweight king Donnie 'Ahas' Nietes also defended his title with a brutal second-round stoppage of Nicaraguan Eddy Castro.

The two fights were the co-main event in last night's "WBO Night of Champions" card presented by the ALA Promotions and ABS-CBN.

Referee Bruce McTavish stopped the bout at the 1:08 mark of the second round as Marquez looked unable to continue following several assaults by the Bohol-raised fighter.

A clubbing right hand stopped matters for Marquez, as Bautista chased him around the ring knowing that the visiting fighter was on dire straits and ripe for the taking.

Marquez started strong in the opening round, chasing Bautista around and kept himself busy as the reigning champion opted to use his lateral skills to somehow feel how much power Marquez had.

"I wanted to first feel how strong he was in the first round. My corner wanted me to be careful. I knew he had the power, and I didn't know his style," Bautista said when asked why he opted to be slow in the opening round.

With the win, Bautista's record now improves to 26 wins, 1 loss with 18 KO's, while Marquez dropped to 16-4-3, 12 KO's.

The win also paves the way for Bautista's possible inclusion in the mega-bout involving Oscar De la Hoya against Manny Pacquiao on December 6.

NIETES RETAINS TITLE

The Bacolod-raised Nietes, defending his title for the first time, dropped Castro in the opening round with a series of punches. The Nicaraguan, however, showed he came to fight as he beat the count of referee Raul Caiz Jr to finish the round.

Nietes, however, continued his onslaught in the second round, finally dropping Castro with a big right at the 2:49 mark of the round.

Castro had to be immediately given assistance by ringside physicians as he laid motionless on the canvas following the Nietes shot.

Up next for Nietes is a mandatory title defense possibly against Colombian Daniel Reyes, provided the latter gets past Luis Lazarte on September 26.

UNDERCARD

WBO Youth lightweight champ Jason Pagara scored a knockdown in the first round, and continued his onslaught before finally dropping Thailand's Kongdej Sithtrajtrakan in the fourth round for a technical knockout win.

Jomanz Omanz figured in a split draw with Roger Galicia; Weng Haya prevailed on a majority decision over Ricky Sismundo; while Albert Villacampa took a split decision win over JV "Fightdoc" Tuazon.

MEXICAN ANTHEM

Dumaguete City's Dominador Ibarra De los Santos was highly applauded following his rendition of the Mexican national anthem before the Bautista-Marquez fight. "He did really, really ok. I'm impressed," said Mexican Fernando Dominguez, Marquez' manager. Levi Martinez, an American of Mexican descent, was also all praises to De los Santos. (Salven Lagumbay, CDN)

"Pulso" on air tom'row

2008-08-24T05:32:00.000-07:00

The top-rated commentary/ public affairs program "Pulso" will resume broadcast tomorrow after a weeklong suspension due to its advertisers' withdrawal from the program.

Program host, Kagawad Roberto "Batchoy" Alba said, after meeting commitments to the radio station, the program will be back to its normal broadcast tomorrow, 9 to l0 a.m. right after the no. 1 radio program "Inyong Alagad."

Alba vowed to radio listeners to continue his crusade against bad governance especially on graft and corruption at the local government units.

"No amount of pressure can stop me from this crusade," he stressed.

It maybe recalled that "Pulso" suffered financial set backs after majority of its sponsors terminated their contracts. Alba alleged that his program sponsors were pressured by the office of Mayor Dan Lim to pull out their support.

The mayor denied having pressured Pulso's advertisers. In fact, he offered to pay and support the radio program if only to be proven "innocent" of the accusations.

Alba thanked the "new breed of advertisers" who are behind his program, most of whom would wish to remain anonymous.

"It is very heart warming to know that the silent majority of the people are behind Pulso's crusade against graft and corruption," Alba concluded as he vowed to be back on air with a
renewed commitment to serve the public.

Mayor questions seizure of cut trees

2008-08-24T05:23:00.000-07:00

Loboc Mayor Leon Calipusan strongly questioned the seizure of his truck loaded with assorted cut trees while traversing the national highway in Bilar town last Wednesday.

Seized from his truck were some 900 board feet of gemelina and mahogany wood bolts.

The mayor's truck was impounded by authorities of the Department of Environment and Natural Resources (DENR) who were holding a meeting in Bilar town at the time of the apprehension.

While he admitted that he had no papers to support the transporting of the items, the mayor said he was willing to pay the penalties to be imposed by the authorities.

Statement of the Loboc mayor came after he allegedly pointed out "switching" of wood and sudden change of inventory by the DENR personnel.

His allegations were based on the fact that the first report signed by the DENR team indicated in writing that "all gemelina and mahogany wood bolts are dead."

However, when the mayor proceeded to the area where his truck was impounded, the new inventory stated that the seized items were "freshly cut trees." He questioned why the same forest ranger Tertuliano Lamantas signed both the first and second reports which were indeed conflicting.

A Xerox copy of both reports furnished to the Chronicle showed conflicting entries of its inventory. The first report stated that the seized items were all dead. The mayor was surprised to read in the second report that the trees were "freshly cut."

The mayor hinted of a political motive behind the impounding of his truck since a forester involved in the apprehension or inventory of seized items is the brother of a defeated vice mayoralty bet in Loboc town.

When interviewed by the Chronicle, acting CENRO Eusalem Quiwag said he will hold his comments on the mayor's statement as he expects an investigation to be conducted by PENRO Nestor Canda regarding the case.

Ombuds ruling on NIA graft assailed

2008-08-24T05:04:00.000-07:00

After dragging on for four years, the complaint for violation of the Anti-Graft and Corrupt Practices Act against five National Irrigation Administration (NIA) officials in relation to their involvement in the questioned Talibon Small Reservoir Impounding Project (TSRIP) has been dismissed by the Ombudsman.

While awaiting for graft charges to be filed in the courts, the Ombudsman ruling struck the complainants by surprise.

According to the 24-page decision signed by Acting Ombudsman Orlando Casimiro, the complaint lacked substantial legal basis to be given due course.

Respondents of the case were Regional Irrigation Manager Alexander Reuyan, Bohol Provincial Irrigation Officer Calixto Seroje, NIA regional finance manager Jesusa Sibonga, Small Reservoir Irrigation project officer Eduardo Daniel and senior accountant Victor Echavez.

The Boholanos Against Corruption, Oppression and Social Harassment (Bacosh) however filed a motion for reconsideration on Friday assailing the ruling of the anti-graft body.

In its pleading, the group said that the decision "has effectively doused cold water on the people's faith in the capacity of government to rule under the pale of law with justice and respect for the sovereign people."

Bacosh accused the Ombudsman of bowing down to pressure from "powerful officials" who are involved in the case.

Two years ago, a NIA Fact Finding Team who investigated the issues raised by Bacosh regarding alleged irregularities in the release of some P165 million for the Talibon SRIP.

The project, which had an approved budget for contract of P243 million was reported half-completed even with only 4 visible structures and civil works that were not covered by duly-approved programs of work, as alleged by Bacosh.

Calling the decision "a strange verdict", Bacosh stated in its motion that an audit formally done in December 1998 by NIA and COA showed that the project was about 50% accomplished and yet P165 million was already exhausted.

The anti-graft watch group also questioned why Graft Investigation Officer Sarah Jo Vergara penned a resolution on June 22, 2006, two years from the filing of the complaint against the NIA officials, recommending the dismissal of the case "for lack of substantial legal basis".

Bacosh likewise noted the resumption of civil works on the questioned project through fresh funding even with a pending complaint in the Ombudsman.

"The questioned project, mysterious in itself, was shrouded with mysteries from the finding of prima facie evidence until the resolution of dismissal…"

According to the complainants, from the finding of a prima facie case, proper charges should have been filed in court to allow the respondents clear their names after they have been indicted in the Fact Finding Team report.

The respondents likewise succeeded in causing the release of fresh funds for the project's resumption.

"Now that the project is on-going, albeit a new funding, there is already an excuse for saying that the complaint on this project 'looks substantial legal basis', suppressing the fact that this case centers on the P165 million outlay which was exhausted without the project being completed," the motion stated.

Bacosh pleaded that the resolution be reversed and the filing of appropriate graft charges be filed against the 5 NIA officials.

Graft raps against 5 NIA men dropped

2008-08-24T04:51:00.000-07:00

Five officials of the National Irrigation Administration (NIA) were cleared of graft charges by the Ombudsman in relation to the alleged anomalous construction of the Talibon Small Reservoir Impounding Project (TSRIP).

The dismissal of the case came two years after a NIA Fact Finding Team evaluation report found prima facie evidence against the respondents for irregularities in the implementation of the questioned project.

Named respondents were Regional Irrigation Manager Alexander Reuyan, Bohol Provincial Irrigation Officer Calixto Seroje, NIA regional finance manager Jesusa Sibonga, Small Reservoir Irrigation project officer Eduardo Daniel and senior accountant Victor Echavez.

The case stemmed from a complaint filed by the Boholanos Against Corruption, Oppresssion and Social Harassment (Bacosh) represented by former NIA project manager Petronilo Sarigumba.

Sarigumba alleged in the complaint that P165 million have been released and exhausted for the project when at least three audit reports in 1998 showed the project to be only 50% completed.

The approved total project cost is P243 million based on a revised program of works approved by the NIA in April 2000.

The 24-page resolution, signed by acting Ombudsman Orlando Casimiro last June 26 2008, dismissed the charges "for lack of substantial legal basis".

The resolution, which was prepared by Graft Investigation and Prosecution Officer Sarah Jo Vergara since June 2006, dealt on the purported misappropriation of funds in the project implementation.

Based on the NIA Fact Finding Team report, the project was said to be questionable due to the fact that there were varying amounts of expenditures reported by the project field office, the provincial management office and the regional office.

According to the Ombudsman resolution, it "sees that the variance does not actually prove that there are unaccounted funds…"

"The figures submitted by the 3 offices actually cover expenditures incurred by different offices over different periods of time."

The resolution stated that it was "inappropriate to compare the subject figures purportedly representing the Talibon SRIP expenditures, much more deduce that inconsistencies therein are suggestive of misappropriation of funds."

The Ombudsman noted further: "The [Fact Finding] Team in their report failed to state distinctive circumstances that can somehow single out suspicious dealings."

"In a project as composite as the Talibon SRIP, what is really of decisive import is the percentage of accomplishment for the entire project which in this case is more or less consistently reported on…"

In the absence of "substantial difference" in the valuation of work accomplishment as assessed by different officials or offices, the varying costs of certain component works are "nothing more than explainable or traceable discrepancies", the ruling cited.

According to the Ombudsman, the actual impact of the deviations ascertained by the Fact Finding Team could not yet be assessed since the Talibon SRIP is not yet completed.

"This [deviations] cannot possibly imply outright that an offense has been committed," it stated.

With the absence of "actual damage" or "unnecessary upsurge of actual project cost", the Ombudsman said that "the presumption of regularity in the performance of functions supports the respondents' argument that the deviation works are for a better-performing irrigation project at a most reasonable cost."

Regarding the allegations that Seroje illegally approved and paid contracts which are not within his scope of authority but that of Reuyan as regional director, the Ombudsman said that NIA regulations may have been violated specifically the rules governing the signing and approval of official papers, documents and contracts.

However, the Ombudsman said, that "the respondents have in their favor the fact that the 'unauthorized' payments were anyhow disbursed for actual obligations."

The resolution stated that the payments were covered by vouchers that appeared to be duly processed which indicated the receipt of the claimants.

"For the time being, there is no persuasive showing that the 'unauthorized' payments resulted in damage to either private individuals or the government."

The resolution cited that criminal liability does not lie against respondents Reuyan and Seroje. "Whatever their lapses are, the same are most likely purely administrative in nature and thus shall be adjudicated more thoroughly in the corresponding administrative case."

The charges of usurpation of authority against Seroje, being the actual signatory of disputed vouchers and contracts, was described in the resolution as "inequitable".

"Respondent actually has been delegated the authority to sign or approve NIA official papers, documents and contracts, and thus he does possess the basic authority to so sign and approve."

According to the Ombudsman, Seroje "wrongfully or improperly exercised such authority, during a particular number of instances. Such wrongful exercise of authority however, does not equate to usurpation of authority or the seizure or holding of an office, power or authority without any legal right."

The Ombudsman pointed out that the Talibon SRIP project has not yet been completed and its finances not yet subjected to a post-audit by the Commission on Audit.

"In fact, insofar as the COA is concerned, it had conducted an inspection of the project on 26 January 1999 and it thereafter declared that it 'interposed no objection of the reported 49.01% project accomplishment as of December 1998'", the resolution stated.

"The Talibon SRIP involves a range of costly disbursements and in such a project, audit findings are preferred prerequisites for a realistic suspicion of misuse of public funds."

The Ombudsman viewed that there is presumption of regularity in the implementation of the project in the absence of evidence of the alleged irregularities.

Rico, Edgar vow to end water deadlock

2008-08-17T13:26:00.000-07:00

Gov. Erico Aumentado and Rep. Edgar Chatto are “pushed to the wall” on how to end the deadlock in the water deal which will ultimately bring potable water to the beach resorts in Panglao, the site of the future Panglao Bohol International Airport.

The two top officials expressed disgust on the local officials’ failure to decide on what company to bring water to the resort town which will soon need thousands of gallons of water once the multi-billion airport project will commence.

Gov. Aumentado said that a public consultation is set on Sept. 5 which will guide the ultimate decision on how to bring water supply to the municipality. He said that together with Rep. Edgar Chatto, under whose district Panglao belongs, the decision has to come soon so the technical work can commence considering that the airport construction is slated to start December this year.

It maybe recalled that the two officials have time and again tried to settle the political bickering between Panglao Mayor Benedicto Alcala and Vice Mayor Pedro Fuertes. After each “reconciliation” meetings, both parties would appear as though they have agreed on a common direction regarding the water issue. But, after weeks, both camps will again be issuing public pronouncements which show their conflicts in deciding on how potable water can be brought to their town.

“This time we will intervene since it is now the call of the time,” Aumentado stressed.

The statement of the governor came after the political deadlock among the officials in the neighboring town of Dauis was resolved during a meeting called by Rep. Chatto two weeks ago.

“If Dauis officials understood the essence of unity for progress, then, there is no reason why the Panglao officials will not do the same,” the governor asked as he requested the solon to be part of the public consultation three weeks from now.

SOLUTION STUDIED

Gov. Aumentado ordered the Prov’l Planning and Development Office (PPDO) to prepare a draft of the project called “Improvement and Upgrading of the Panglao water Distribution Network” which includes a proposed water distribution plan.

The water distribution improvement project is now “proposed for funding for its capital intensive components”, soliciting the assistance of local and foreign funding institutions for its implementation, according to PPDO.

This is in preparation for the expected increase in tourist influx to Panglao in time for the operation of the international airport in 2010.

Provincial Planning and Development coordinator (PPDC), Lawyer John Titus Vistal, gave an update on the project during the weekly radio program, Governor Reports, Friday.

Panglao, as one of the prime tourism destination in Bohol where resorts proliferate, the municipality direly needs an efficient water distribution network that the PPDO considers a capital-forming project, Vistal said.

Its comprehensive project profile stated that the effective and functional water distribution system will support the municipality’s tourism development and socio-economic growth; can complement and adopt with any bulk water source arrangement in the municipality; expand capacity and coverage of existing waterworks system; provide sustainable, safe and accessible water to residents and tourists to promote good health; enhance physical and infrastructure facilities in the municipality to attract investments and economic activities; and increase revenue of the municipality from its waterworks system operation.

As support, the Municipal Engineer’s Office or the Municipal Waterworks System, the Provincial Engineer’s Office, the Department of Public Works and Highways have been proposed to closely coordinate with the Bohol Integrated Water Resource Management Team (BIWRMT), Bohol Environment and Management Office (BEMO), and the DENR for the planning, design, and public consultation and network analysis.

Then, the MEO/MWS, PEO, and the DPWH takes charge of the construction and implementation; while the LGU-Panglao shall handle the operation and maintenance of the waterworks system and its water distribution system.

He explained that the municipality has an existing water distribution network but it needs improvement to be efficient- -upgrading of pipes and expansion of coverage areas.

This is to accommodate high-density development and future mega-projects in the municipality of Panglao, which on same ground Governor Erico Aumentado and First District Representative Edgar Chatto had earlier extended assistance for Dauis, Vistal added.

LGU-Panglao had prepared a proposed piping network in the past, but it would traverse the airport lot, a violation of the Infrastructure and Building Code which prohibits any installation of piping or anything underground that would traverse any permanent infrastructure, Vistal explained.

On this, Aumentado instructed the PPDO to extend technical assistance to the local government unit of (LGU) of Panglao in developing a water distribution plan that would modify the one previously prepared.

In the proposed water distribution plan that PPDO prepared, the modification includes rerouting the piping network away from the entire airport lot.

“This is not just about the 2.5-kilometer airport lot covered in phase 1 of the project. It’s the entire 3.8-kilometer airport lot which includes the expansion of the airport into a complex international airport. Ang tumoy ini naa sa Lourdes ang pikas tumoy naa sa danao. Ang piping network nilikay aning area sa airport. Although naay murag gitawag og take off point or starting point nga gibutang duol sa area where the terminal building is expected to be located aron inig sugod og construct sa terminal building dili maglisod ang contractor pagkuha og tubig for construction purposes (One end is in barangay Lourdes and the other in the Danao. The piping network is veered away from these areas of the airport, though a sort of take off point or starting point is proposed to be in place where the terminal building is expected to be located so that when construction of the terminal building starts, the contractor won’t have a hard time accessing to water supply for construction purposes),” Vistal explained.

Though the proposed water distribution plan is still to be presented to the Provincial Development Council (PDC) for approval, during its executive meeting next week, there had already been a number of service providers who expressed interest on implementing it.

So far, the LGU-Panglao has not decided yet whose offer to accept.

Aumentado and Chatto set a meeting and public hearing on September 5, with the mayor, vice-mayor and Sangguniang Bayan (SB) members of Panglao, and stakeholders, where they can present the proposed water distribution plan that PPDO drafted.

Then, it will be up to the LGU-Panglao who among the interested service providers to choose and deal with for its implementation. The province, through the PPDO, only helps prepare or design the piping network based on the road map, that the chosen service provider can use as basis in drafting a more detailed technical plan.

With the water distribution plan already prepared, as sub-project of the Improvement and Upgrading of the Panglao Water Distribution Network project, the service provider that LGU-Panglao would choose can proceed immediately to the preparation of a detailed technical plan.

This way, the provincial government helps the municipal government “address, not just the domestic water needs of Panglao, but also the industrial water needs in the town, since eco-tourism- -of which Panglao is known of- -is also an industry to consider,” Vistal explained.

“The project would also directly support the improvement of road network of the municipality, improving the utility of road setbacks and accessibility to residential and commercial establishments. Likewise, this will definitely facilitate the development of housing facilities in the locality,” he added.

Sanitation (WatSan) Management, since “a good management of water supply in tandem with an appropriate sewerage and/or sanitation system will ultimately redound to the promotion of healthy environment for residents and visitors of the municipality” according to Vistal.

He also said Engr. Nilo Arcaya, chair of the BIWRMT who is from Panglao, had helped a lot in data gathering during the preparation of the piping network draft.

The upgrading of the waterworks system in Panglao also supports the implementation of the Bohol Integrated Water Supply Master Plan (BIWSMP) “formulated to set the overall development of the water supply in the entire province,” according to Vistal.

WATER SUPPLY MASTER PLAN

Vistal also announced that, as instructed by the governor, the province is now applying for water rights with the National Water Resources Bureau (NWRB) on the seven major watersheds in Bohol that the BIWSMP covers.

The water rights will give the province or the municipality an edge in negotiating for better terms with private developers.

The BIWSMP was “crafted through a multi-stakeholder process where non-government organizations (NGOs), LGUs, and the academe were represented”, Vistal said.

Technical experts designed the master plan under the Local Governance Development Program LGDP) funded by AusAid with the assistance of Woodfields Consultants Inc., he said.

BIWSSMP involves the plan to develop the seven major rivers and watersheds here to address the province’s water supply needs.

“In Bohol, we have many sources of ground and surface water. The problem is its network. We fall short in terms of infrastructure. Generally, our municipal water systems have limited distribution network. Usually, the water supply only reaches the Poblacion areas. So the master plan has been developed for water supply to reach far-flung barangays,” Vistal said.

He said it is hard to implement the master plan all at once because it entails a huge budget to install a water distribution network in the entire province. But it will serve as a good guide in the development of the water distribution network for each major watershed.

One is the Upper Abatan River which is being considered to be tapped for Tagbilaran, Dauis, Panglao and the nearby areas, he said.

“But, again the source for the municipality of Panglao will have to be decided upon by the LGU itself. We keep our hands off in choosing the service provider, because that is entirely their prerogative. We only get involved in providing technical assistance in drafting the pipeline network that the service provider can use as reference for the detailed technical plan,” Vistal said.

As the governor had already mentioned some service providers who expressed interest on the project, Vistal said he hoped that in the future the government can tap some of them to develop water systems for the other areas in Bohol.

The PPDO head also said that first district is already a bit advanced in terms of water distribution system, at least as far as the capital city is concerned, but in other districts, water system lag behind. It is on this aspect that the water supply system master plan will serve as guide.

DEAD POLITICS

2008-08-17T13:24:00.000-07:00

Early this week and several days thereafter, the topic on visiting wakes and burials came into the main menu in the local airlanes with heavy political undertones.

Politicians accused one another of using the dead in politicking. To be specific, Vice Mayor Toto Veloso twitted Mayor Dan Lim for the latter’s announcement that taking cue from the advise of Makati City Mayor Jojo Binay on the advantage of going to wakes and burials, he would also be visiting wakes from now on.

Veloso said Lim’s statement clearly manifested that the city mayor is politicking. The city vice-mayor said he had been visiting wakes and going to burials even before he was elected.

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The city mayor retorted back that while he is known for not going to wakes and burials, he would go to wakes during daytime when only the immediate family members are around.

Lim declared that this will be an exact opposite to Veloso’s style of going to wakes during night time when there are a lot of people around who join the vigil or ask how many voters are there in the bereaved family.

True to form, Lim also committed to provide canopies, chairs and snacks during burials aside from providing caskets if necessary. Let’s see if this dead politics works.

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ADVISORY. The HNU College of Law will be marking its Law Days starting this Friday morning with “The Great Debate” on the proposition of exempting oil products from the expanded value-added tax (EVAT) to be held at the university gym. This will be followed by an oratorical contest.

In the afternoon, RTC Judge Gabriel Ingles of Cebu City will be the lecturer during the Dean Mumar Memorial Lecture at the audio-visual hall. The honoring of new lawyers in the evening will be held at the MetroCenter Hotel with Atty. Mercedita Acosta of the Public Attorney’s Office as the guest of honor.

The Law Days will be capped with a sportsfest on Saturday morning at the university gym to be participated in by the law students and faculty members led by Dean Tomas D. Abapo Jr.

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SP UPDATES. Although published elsewhere in this issue are the three major pieces of legislation passed by the 10th Sangguniang Panlungsod last Friday, we shall enumerate them again so you won’t miss.

The minority bloc tried but failed to stop the passage of these legislations by voting against our motion to consider them as special orders of the day (SOD) as per the official letter sent by Mayor Dan Lim.

These are the Proposed Resolution No. 65-08 authorizing the city mayor to negotiate and apply for a loan of P450 million with the Development Bank of the Philippines, Proposed Resolution No. 71-08 ratifying the loan agreement between DBP and the city government in the amount of P8 million for the re-fleeting program and the ordinance providing for Supplemental Budget No. 3 in the amount of more than P22 million for the re-fleeting program, the rice subsidy for city hall officials and employees and the marriage milestones.

"CHA CHA" SHOULD WAIT AFTER 2010

2008-08-17T13:14:00.001-07:00

Senate Resolution (SR 10) converting the country into 11 Federal States with a Federal Government in Manila - earlier signed by 14 believer-senators- and sponsored by LGU guru senator Nene Pimentel is a good piece of legislative work.

The pro-Pimentel Bill senators crossed party voting lines then: Angara,Lacson, Estrada, Biazon, Pia Cayetano, senate president Villar,Enrile, Escudero, Pangilinan, Honasan, Aquino, Zubiri and Revilla, seeking a Constituent Assembly to approve that measure.

Among other positive karma it supposedly brings, the Federal system defrocks Imperial Manila and transfers some of the state powers (including taxation) to the independent 11 Federal States. Aside from their own states source of revenues, the 11 States will automatically get 30% of the national Internal Revenue Allocation. Another item is the automatic allocation of 40% of the total state revenues to the "health maintenance" of the individual state citizens.

Senate SR 10 appeared like an improved version of the Local Government Autonomy Code. It seemed like a sweet smelling deal.

However, recall that SR 10 never wanted: (a) a sovereign Bangsamoro Federal state (b) term extension of the president and (c) shift to parliamentary form of government. Look what's happening now?

The sly Palace operators, however, sensing some unanimity in the Senate numbers, tried to
smuggle an initialed Memo of Agreement (MOA) creating a controversial BJE (Bangsamoro Juridical Entity) - for signing in Malaysia to please an increasingly arrogant MILF, who cocked a .45 caliber revolver to the brain of the Republic of the Philippines - to sign it up or else. They thought it would pass quietly as a preliminary implementation of the Federal System.

Now the court jesters of the Palace housed in the Lower House (how apt for the clowns) wanted reportedly an extension of the President's term beyond 2010 or shifting into a Parliamentary system of Government, wherein a disqualified ex-president (under the presidential system) like GMA can run for a Parliament and once again (!) run the country as Prime Minister.

The sinister route would have reportedly been to use the enabling law (through a plebiscite) for the BJE initiative to clandestinely insert other Charter changes (Cha-Cha) like the above.

This is where the senators went ballistic over the opportunistic machination of the Palace Rasputins and many of the then supporters are withdrawing their signatures from the Resolution (it is a mere resolution not a bill). And the howl over another Palace vaudeville across the nation is deafening.

Most people just wouldn't do the cha-cha - preferring the reggae, tango, pachata and swing among the Latin dances. Figuratively, we figure.

Like the BJE initiative, the main beef against it is what the Catholic Bishops Conference of the Philippines (CBCP) termed a lack of "consultation and communal discernment" which can indeed lead to further polarization and division of the nation.

For one, Boholano former University of the Philippines president Jose Abueva wrote in his Federalism Primer :there are three kinds of Federal systems: cooperative, competitive and coercive. Have we even began to consider the differences among the terms?

It was when the president GMA expressed mild obsession over the BJE and Federalism that every one turned paranoid that a hidden agenda is lurking behind the shadows of the Pasig River. This is what happens when a president has a (-50%) acceptance rating and where 9 out of 10 Filipinos believed their president will tell lies during her SONA.

No matter how she tries, everything GMA touches seem to turn to ashes - a King Midas in reverse.

Now, there are three ways to do the Cha-cha: (1) Constituent Assembly (2) Constitutional Convention and (3) People’s Initiative.

But there is only one way to unite the nation and rally behind the changes to be embodied in the Philippine Constitution: via the Constitutional Convention. What about the two others?

To do the Constituent Assembly, is to ask people whether they want the blood bank to be watched by Count Dracula. Recent history had shown that especially for some disgustingly spineless and utterly mercenary members of the Lower House, they will always vote on what will perpetuate the interest of the Dispenser of the Purse - rather than the well being of the nation. Whatever they will ram through though - this nation will not accept any more.

To do the People's Initiative is to leave the judgment of this nation in the hands of local officials beholden to the Dispenser of the Purse and will make the dead vote, the absent present and miscount the votes. They will also ask inane questions like: Do you want to go to Heaven? Faulty as the results of a rigged People's Initiative would be - do you think the nation at large will rally behind such nonsense?

At this tipping point where government credibility is shot - the best route is through the election of members of the Constitutional Convention (after 2010) just people who will move for amendments to the charter including Federalism. Doing such during this term of an incumbent (GMA) who is stained by Garci charges and poll manipulation will give birth to "elected" Con-Con delegates whose mandate shall be suspect.

Would a disenfranchised nation rally behind these fraudulently elected Con-Con delegates and respect their proposed changes to the Philippine Constitution? It would have been better if we had stayed the course of the presidential system.

The newly elected government of 2010 should call for the election of the Con-Con delegates immediately and encourage a full six months national debate on the merits and demerits of the Federal System.

Only then - and not before that - will we have a new Constitution that reflects the true will of the people - a veritable product of "consultation and communal discernment." Shalom!

Pulso off air due to city hall pressures

2008-08-17T13:11:00.000-07:00

The report that the multi-awarded radio program “Pulso” ended its broadcast last Friday generated an outpouring of encouragement and moral support from radio listeners.

“Pulso” is heard over dyRD-AM from 9 to 10 in the morning Monday to Friday, and also in the Internet by logging on to http://www.dyrdam.com/.

Anchorman Kagawad Roberto “Batchoy” Alba together with co-anchor university professor Fred Ticong lamented the alleged harassment directed against the program’s sponsors, initiated by the Office of the City Mayor, to silence their no-holds-barred commentaries of the city’s actual situation under the administration of City Mayor Dan Lim.

“This is a clear curtailment of press freedom and the right of the people to freely express their grievances to government,” Alba said.

In just a matter of one day, four of the program sponsors pulled out, allegedly through pressure from the Office of the City Mayor. The establishments had no choice but to withdraw their sponsorship or face possible revocation of their Mayor’s Permit.

LIM DENIES, OFFERS TO
SUPPORT PROGRAM

Mayor Lim vehemently denied pressuring the sponsors of the radio program.

During his weekly “Mayor’s Report” over dyRD yesterday, Lim instead offered to pay the airtime of Pulso, if only to prove that he was not behind the termination of contracts of its advertisers.

“I will pay its airtime, and will even do advance payment in order for Pulso to remain on the airlanes,” the mayor categorically stated. He said that even if he will be paying the airtime of the radio program, he won’t mind if Alba will continue his tirade against his administration.

The mayor, usually picks up the issues aired in Pulso which would criticize his administration. In fact, Alba said it is almost every week the city mayor will attack him whenever his program would air criticisms against Lim’s administration,

Asked why he always hit the mayor in the program, Alba said the program is actually not against the mayor. In fact it is helping him to identify the problems in the city that must be acted upon by city hall. All are constructive and objective commentaries, he said.

“All issues affecting city hall are broadcast in good intentions. However, it is unfortunate that the city mayor gives it a different interpretation,” the anchorman clarified.

LAST BROADCAST

Pulso, which is one of the top rated commentary/public affairs programs of dyRD, made its last broadcast last Friday.

Alba said that his radio program which is his vehicle of a personal advocacy for clean governance has to temporarily stop due to unpaid months of broadcast. Alba told dyRD management that his inability to pay is due to the withdrawal of his supposedly loyal sponsors who were pressured by city hall to terminate their broadcast contracts with the block-time program.

Pulso recently emerged No. 1 in listenership in the “Internet radio” here and abroad. The radio program was also recognized by the Filipino Chamber of Commerce in Hawaii, USA last May for its “role in linking the Boholanos worldwide.” The program was also awarded by the Bohol Tri-Media Association in 2006 for its contribution in the service of the Boholano community.

Pulso earned the respect of listeners, including former OIC Gov. Victor de la Serna and other citizens of the community, as avenue to discuss issues where government failed, in matters of public concern.

City DepEd refutes lot ownership claim

2008-08-17T13:05:00.000-07:00

The Tagbilaran City Schools Division of the Department of Education (DepEd) is now challenging claims by City Mayor Dan Lim that the city government still owns the lot where they are eyeing to transfer its offices.
Documents showing that a 1.3 hectare lot that is partly occupied by the Tagbilaran City Science High School was indeed donated to the Department of Education, Culture and Sports (now DepEd) on November 6, 1998.

The deed of donation was executed between then City Mayor Jose Torralba and Bohol Schools Division Superintendent Cerina Bolos and City Schools District Supervisor Conchita Pizarras.

The said documents which were provided to the Chronicle, included two resolutions of the Sangguniang Panlungsod (SP) providing for the said lot donation.

One of the said resolutiona which was adopted by the 4th Sangguniang Panlungsod, Resolution 90-44, authorized the city mayor to enter into a memorandum of agreement with DepEd for the said lot donation.

An examination of the said resolution, which was adopted on March 12, 1990, however shows that the donation to be executed between the city and the DepEd was “conditional” in nature.

The condition for the donation was that the lot will have to be reverted back to the ownership of the city government when the DepEd “will no longer use the same”.

The second resolution No. 95-06, adopted by the 5th Sangguniang Panlungsod on January 16,
1995, allowed the DepEd “to use indefinitely the conditional donation of the city government lot as the site for the city science high school.

Last week, Lim declared that the City DepEd will not be allowed to transfer to the City Science High School as he is planning to build additional classrooms in area.

The mayor said the DepEd has no right to transfer in the lot since it is still owned by the city.

Lim had given the DepEd 60 days to vacate their offices at the old city hall building following a dispute with City Schools Superintendent Norma Varquez on some policies, specifically the hiring of teachers.

In yesterday’s Mayor’s Report, Lim advised that if the DepEd want to transfer, they could do so at the City Central Elementary School or the Dr. Cecilio Putong National High School.

RECONCILIATION

Efforts to reconcile the mayor and the city schools head could bog down with this reaction from the DepEd.

Kag. Danilo Bantugan, chair of the Sanggunian committee on education, however told the Chronicle that he finds both parties willing to patch-up their differences.

He said, the disagreement between Lim and Varquez “is just a matter of differences in policy and management.”

Bantugan said he is working on avenues to initiate talks with the schools division head that could lead to positive development.
(KIT BAGAIPO)

Choco Hills sinks to 10

2008-08-17T12:42:00.000-07:00

For over three months, our very own Chocolate Hills have stayed in the top five nominated sites on the search for the New 7 Wonders of Nature.
The Chocolate Hills’ climb into the top 10 came even after it was de-listed from the online voting five months ago as no official support committee backed its nomination into the search.

The de-listing could have eliminated the Chocolate Hills if not for private groups here and Boholanos now based in the United States who have worked for its reinstatement as an official nominee.

Coming back into the rankings, the Chocolate Hills went up to as high as the 4th place behind another Philippine natural site, the Tubattaha Reef.

As of yesterday’s online rankings on the New 7 Wonders (N7W) of Nature website, the Chocolate Hills has slipped down to No. 10, still behind Tubattaha Reef at No. 9.

The Puerto Princesa Underground River followed at No. 11 while the fourth Philippine nominated site, Mayon Volcano hangs at the 20th spot.

Online voting for the nominated sites will be until December 31, 2008. Afterwhich, those ranked within the top 70 will be shortlisted to only 21 finalists.

A board of judges will choose the New 7 Wonders of Nature from the 21 finalists which they will proclaim as winners.
(KIT BAGAIPO)

P450M city loan

2008-08-17T12:38:00.000-07:00

City lawmakers on Friday granted an authority for Mayor Dan Lim to proceed with negotiations for a P450 million loan to finance three major infrastructure projects.
The approval came not without objections as Vice Mayor Jose Antonio Veloso and three councilors in the minority bloc maintain reservations on such loan application.
Majority of the lawmakers however pushed for the granting of the authorization together with two other measures requested by the mayor to be taken up during the SP regular session on Friday as special order of the day.
The approval of the authorization, under Sangguniang Panlungsod (SP) Resolution No. 65-08, was opposed by Veloso and Kagawads Anne Mariquit Oppus, Zenaido Rama and Bebiano Inting.
The vice mayor and three councilors wanted the loan authorization be deferred for further deliberations of the SP constituted as a committee of the whole, together with the two other measures.
In his letter to the SP last Wednesday, Lim modified his previous request for authority to negotiate a loan with the Development Bank of the Philippines (DBP) in the amount of P500 million to P1 billion. The loan to be entered into by the city government will now be P450 million instead.
The mayor earlier retracted the prior request citing that it was used for grandstanding by his political opponents in the guise of scrutinizing the loan.
The P450 million will be used to finance the planned Centralized Water Treatment Facility, Integrated Solid Waste Management Facility and road concreting projects.
In the same letter of the mayor, the SP was likewise requested to approve Supplemental Budget No. 3 in the amount of P22.2 million and the ratification of an P8 million loan with DBP for the re-fleeting of city government vehicles.
TYRANNY OF NUMBERS
No amount of objections coming from the SP’s minority bloc could stop the majority of councilors allied with Lim from approving the three requests of the mayor.
Kagawads Oscar Glovasa and Danilo Bantugan argued during the session that there was no time to waste in deferring the approval of the loan authorization, the supplemental budget and the ratification of the P8 million loan terms and conditions.
Kagawads Oppus, Rama, Inting and Lucio Balbin manifested their intent to refer the mayor’s requests to the SP committee as a whole but were out-voted.
There were objections raised on the supplemental fund and the details of its utilization.
When the three measures were presented for approval, Balbin voted with the majority.
‘WORKING ALLIANCE’
Bantugan explained that the three measures had already been deliberated upon during meetings with majority lawmakers.
He said this was done in consultation with the mayor who is only asking for an authority in connection with the loan application.
“We have a working alliance of city councilors who want to reach a consensus through consultations and discussions together with the mayor,” Bantugan said.
The 450 million loan is still subject for negotiation and the review of the bank.
Meanwhile, Glovasa pointed out that the supplemental fund requested was to be used largely for rice subsidy of city government employees.
He said the rice subsidy is authorized by a presidential order as long as this is sourced out of savings from maintenance and operating expenses of a local government unit.
Glovasa cited savings coming from the different offices of the city government which justifies the subsidy coming from the supplemental budget.
“We are now in the implementation phase of the integrated solid waste management facility, the waste water treatment plant and the road concreting project,” Glovasa added since the projects were already approved by the SP and the City Development Council.
“DEV’T CANNOT WAIT”
Expressing his annoyance of the efforts of the SP minority bloc to delay his requests, Lim yesterday said the development of Tagbilaran cannot wait.
The mayor said he is wondering why Veloso is making a big fuss over his requests for an authority to negotiate with the DBP.
Veloso, who admitted that he called the bank for some inquiries, said he is surprised why the mayor would resent that when all he wants is transparency.
“Just because I sought for authority to negotiate with the bank does not mean I will use all of it,” the mayor said.
The mayor said he does not like the manner Veloso is treating the request.
Lim pointed out that while his political opponents are criticizing him for the drainage and solid waste disposal problems and deteriorating road conditions, they also do not want him to solve these problems.
Veloso earlier denied he was grandstanding saying he only wants transparency.
Lim said he was not surprised with the vice-mayor’s denial.
“What did you expect? Of course he will deny that he is grandstanding. Perhaps he will admit that he is the author of the resolutions creating the Blue Card, Botika sa Katawhan and senior citizens benefits. But he will not admit that he is grandstanding,” the mayor said sarcastically.
(KIT BAGAIPO)

FACTS ABOUT HOTEL KEY CARDS

2008-08-12T23:59:00.000-07:00

Hermes Quijada, sent us a forwarded e-mail on certain facts about hotel key cards which might be of help to our readers. Read on.

“Ever wonder what is on your magnetic key card? Answer: customer's name, customer's partial home address, hotel room number, check-in date and out dates and customer's credit card number and expiration date

When you turn them in to the front desk your personal information is there for any employee to access by simply scanning the card in the hotel scanner. An employee can take a hand full of cards home and using a scanning device, access the information onto a laptop computer and go shopping at your expense.

Simply put, hotels do not erase the information on these cards until an employee re-issues the card to the next hotel guest. At that time, the new guest's information is electronically 'overwritten' on the card and the previous guest's information is erased in the overwriting process.

But until the card is rewritten for the next guest, it usually is kept in a drawer at the front desk with YOUR INFORMATION ON IT!

The bottom line is: Keep the cards, take them home with you, or destroy them. NEVER leave them behind in the room or room wastebasket, and NEVER turn them into the front desk when you check out of a room. They will not charge you for the card (it's illegal) and you'll be sure you are not leaving a lot of valuable personal information on it that could be easily lifted off with any simple scanning device card reader.

For the same reason, if you arrive at the airport and discover you still have the card key in your pocket, do not toss it in an airport trash basket. Take it home and destroy it by cutting it up, especially through the electronic information strip!

If you have a small magnet, pass it across the magnetic strip several times. Then try it in the door, it will not work. It erases everything on the card.”

OF LIES AND LACK OF "ZIPPER CONTROL"

2008-08-12T23:56:00.000-07:00

When God decreed "Go thou therefore, multiply and cover the earth" - he armed men (especially the male specie) with the faculty necessary to obey His decree. A just God, after all, issues not a law that man is not equipped to follow.

Thus the strong sexual urge was implanted. Some men were born (at birth) with the urge to touch the nurse before the bottle; others developed the lack of "zipper control" as they blossomed into puberty.

Now one adjunct that makes this primal necessity compelling is "power." One wit once said that "power is the best aphrodisiac" - the bearer feels invulnerable and seductive, the female (usually) gets attracted to the sense of power and imbibes pride in it as if by osmosis by having a relationship.

We have heard of kings and emperors siring hundreds of children at their heart's content. We also have no lack of modern-equivalents.

The latest tragic character is popular North Carolina Senator John Edwards, one of the then three leading Democratic presidential candidates behind Barrack Obama and Hillary Clinton.
The 55-year-old former successful trial lawyer is good enough to be a Hollywood actor described by the Associated Press as "armed with the practiced charm of a court room warrior and a smile bright enough to blind the camera's eye."

He dropped off the presidential race in January and helped Obama win by endorsing him over Hillary. John was a sure-fire candidate for a prime Cabinet position under an Obama presidency.
Now - no longer.

Now after dodging the issue for a year, Edwards finally admitted (due to preponderance of evidence) that he had an affair with film-maker Rielle Hunter who made some of his documentaries. There are talks that the 5-month old Hunter's daughter is Edward's son. The senator's wife is reportedly fighting off a debilitating disease - increasing the melodrama.

Senator Edwards abruptly lost the support of his followers and the Cabinet position (as a
consequence) because as they said:" You can't lie in politics and still have the people's confidence."

Leaders having sexual affairs in America is commonplace but lying is never accepted as a public norm. It is very instructive.

Recall that President Richard Nixon was impeached not necessarily because he illegally tapped the headquarters of the Democrats (said "Deep Throat") but because he used the power of his office to hide the truth. It is the dishonesty part that rankles the psyche of Americans.

Notice further that playboy-president Bill Clinton owned up to his "Oral" Office affair with Monica Lewinsky and apologized to wife Hillary for his private transgression. The American public had forgiven him. Even John "Camelot" Kennedy who had alleged sexual exploits with many including the Great Temptress - actress Marilyn Monro is still one of the most famous American presidents ever.

If the Americans pretend to have amnesia when considering the sexual offenses of their leaders - more so the Filipinos.

The early Commonwealth President Manuel L. Quezon, the Mestizo, was an inveterate womanizer, his good looks and oratory - a lethal combination. President Ferdinand Marcos had his tape-recorded dalliances with a CIA Hollywood B-actress called Dovie Beams. Plus, among other stars and starlets, a reported romance with a leggy creamy-skinned singer (a'la Imelda) and an international beauty queen.

But in 1986, the Filipinos did not oust him because of his sexual excesses but because he lied on his mandate by stealing the elections from the widow Cory Aquino and plundered the nation.
Fidel V Ramos (FVR) won the presidency despite his publicized romance with a fair Makati socialite who allegedly bore him a son who studied Economics in London.

Top on the list, of course, is Joseph Estrada who had a bevy of girl-relations (with kids) who were flaunted like part of his bio-data, yet he won the presidency with the biggest majority vote in Philippine recorded election history. He was ousted by money issues of alleged plunder and corruption.

Even, the late Fernando Poe Jr., who almost made it to the presidency, if not for some Mindanao "magic" - had his share of women stars and starlets with at least one alleged child out of wedlock.

People accept this "lack of zipper control" among their leaders for it has almost become a part of the counter-culture of the country dating back from the Spanish times.

Then - the rich and powerful had mistresses among the Indios, the married soldiers cavorting with local lasses and my goodness, even friars and bishops had their indiscretions that echoed through the communities like the pealing of church bells. The same happened when the Japanese invaders occupied the land - to the victors belong the booty, including the women.

In today's governance, however, a somewhat ticklish issue revolves around the public official who holds a mistress or two or three, as the case may be.

Paid a pittance officially and disallowed to go into private business as a public official, the government functionary who is known to hold a harem through girls housed in a condo or apartment in every relevant port in the country or goes wild on a spending orgy in social clubs, bars and discos - are always suspect.

Suspect as in having used the people's money - through direct assault on the treasury (false expense claims) or through kickbacks generated. Per the World Bank that "tongpats" is at least P88 billion a year; Senator Edgardo Angara had a kinder estimate of P24 billion, many years back.

Now that is not just sexual mania, that is partial kleptocracy.

That is no longer just lack of "zipper control" but dipping one's dirty fingers into the cookie jar.

Public info led to suspects' arrest

2008-08-12T23:11:00.000-07:00

Alert operatives of the city PNP cornered last Sunday no less than four robbery suspects in two separate incidents.
SPO4 Adriano Bacus, chief of the theft and robbery section told the Chronicle that the arrests came after highly placed information reached the police regarding the presence of the rob suspects.

The first tip relayed to the police led to the arrest of Joel A Manlabao, alias Coco, the suspect in the holdup at the K of C driveway. The suspect was nabbed after a brief chase by police operatives at the shorelines near JJs Seafood Village last Sunday. The citizen's info said that the suspect was in a drinking spree in a store along Gallares Street, this city.

Recovered from Manlabao was a .22 caliber revolver.

Later in the day, police operatives likewise arrested three robbery suspects who were seen inside Angel's Basket, a 24-hour convenient store near the city port.

A concerned citizen tipped the police on the presence of suspicious looking persons who entered the store.

Alert operatives rushed to the scene and arrested the suspects identified as Sandro Perocho, 25, Henry Calihat, 37 and Julius Macina, 26, from Panglao town. A .357 paltik revolver was recovered from Perocho while knives were confiscated from Pacina and Calihat, Police said Calihat is on bail involving robbery victimizing a foreign national.

The four rob suspects are now locked at the city jail.

Veloso denies grandstanding

2008-08-12T22:22:00.000-07:00

City Vice Mayor Jose Antonio Veloso yesterday denied allegations of grandstanding in raising queries regarding the plan of the city government to avail of a P500 million to P1 billion loan with the Develop-ment Bank of the Philippines (DBP).

The statement surfaced after City Mayor Dan Lim, in his letter dated August 5, 2008, stated that "I have no intention of allowing it to be used for political grandstanding by those who want to benefit from it at the expense of the city's development."

Veloso admitted he called the bank only after receiving the letter of City Mayor Dan Lim withdrawing his earlier intentions to get the authority from the Sangguniang Panlungsod regarding the move to avail of a loan.

The mayor's letter triggered him to inquire from the bank even as he scheduled the matter for discussion by the lawmakers during their next regular session."Is there something wrong if I call the bank for inquiry?" Veloso stressed.

In fact, Veloso stressed that the mayor has to clarify his "real intention" since in his second letter dated August 5, 2008, he stated that he was "merely asking for a confirmation of that previous authority out of respect for this august body."

Veloso explained that it could not just be a confirmation of the previous authority because what the 9th Sanggunian approved was for the P630 million loan originally intended for the New Growth Center which the mayor himself has amended.

The vice mayor said that since the new loan to be availed was for another purpose which was for land acquisition for the centralized waste water treatment facility and the integrated solid waste management facility, then the city SP has to sit down again to discuss the matter.

"It won't just be a mere confirmation of the previous authority," he explained.

The purpose of the bigger loan brings the reason why further discussion was necessary before giving the authority to the mayor especially that the loan would allow the city government for a credit line up to P1 billion.

With such huge amount, it becomes necessary to discuss the details of the loan, the vice mayor emphasized.

However, he was told by the local DBP, that the Cebu regional office will not give the details of the loan upon instructions from City Budget Officer Rose Palma.

He likewise reacted on comments of Mayor Lim stating that the vice mayor is fond of questioning while on popular undertakings, he (Veloso) simply takes a ride.

He took exception on this comment saying he is not focused on grabbing credits on his programs and advocacies. In fact, he did not make any publicity that he sponsored the ordinance of the "Botika sa Katawhan" which is now one of the flagship projects of Lim.

He likewise sponsored the ordinance of the Blue Card medical program which started during the term of then Vice Mayor Jaz Montes where he served as chairman of the SP committee on health.

"If I was fond of grandstanding, then I could have trumpeted this long before," he said.

TRANSPARENCY?

Vice Mayor Veloso asked why the mayor always gets irk whenever questions are raised for clarifications.

"If all intentions are for the good of the city, then why will it generate irritation whenever we inquire facts on matters affecting the city governance," Veloso stressed.

He again questioned Lim's policy of letting department heads ask permission first from the mayor's office whenever the lawmakers would wish to invite them for clarifications and queries.

"Does the city law-making body do not have the right to invite department heads to shed light on certain matters which needs clarification?" he asked while citing the repeated pledge of Mayor Lim on transparency in governance.

Veloso reminded the mayor that he will loose nothing if he will allow the SP to inquire on matters since it is only through a "well informed law- making body that objectives of programs can be properly appreciated."