Posts

Comelec, pinapanagot sa palpak at madayang halalan

Isang porum ang inilunsad ng election watchdog na Kontra Daya para talakayin ang naging resulta sa nakaraang eleksyon noong Mayo 13. Ginanap ito noong Mayo 25 sa PARDEC room sa Commission on Human Rights.

Ayon sa Kontra Daya, marumi at malawakan ang dayaan sa halalan noong Mayo 13. Ipinakita dito ang mismong mga aberya at palpak na mga Vote Counting Machines at SD cards, mga aberya sa pagtransmit sa resulta ng bilangan, talamak na vote buying at sistematikong atake sa oposisyon at progresibong partido bago at sa panahon mismo ng halalan.

Sinabi ng ilang eksperto na kaduda-duda na ang proseso ng automated na paraan simula nang ipinatupad ito noong 2010. Marami na anila mga ebidensya na madaling manipula ang resulta ng bilangan lalupa at hindi ito transparent sa publiko.

Dagdag pa ng Kontra Daya, dapat managot hindi lamang ang Commission Elections sa kapalpakan nito kundi ang Smartmatic na siyang service provider sa nasabing automated elections.

Nananawagan ang Kontra Daya na maging mapagmatyag dahil titindi pa atake sa mamamayan pagkatapos ng halalan dahil karamihan pa rin sa mga nagwagi ay malalaking dinastiya sa pulitika at kaalyado ng adminsitrasyon. (Bidyo ni: Joseph Cuevas/ Kodao)

Business League: Congress of the Elite

By Yvette Balita, Joshua Poe Cadano, Dana Eunise Cruz and Arjay Ivan Gorospe

(Part three of three)

[Read the first part here: Party-list (Mis)Representatives]

[Read the second part here: Party-list groups: Family Enterprise]

While the Party-list System Act of 1995 aims to represent and enable marginalized and underrepresented sectors, multi-millionaires and billionaires remain to be the dominant members of the House of Representatives.

There have been instances where the party-list system had been used by the elite to further their business interests by taking advantage of national and local expenditures, as was the case in the Priority Development Assistance Fund (PDAF) scam.

From the 15th to the 17th Congress, Christopher Co of Ako Bicol  (AKB) and Mariano Michael Velarde Jr. of Buhay party-list have consistently been part of the richest party-list representatives. The representatives have net worths of P104.4 million and P52.4 million respectively, according to their Statements of Assets, Liabilities, and Net Worth (SALN) in 2017.

Other rich lawmakers from the past decade are Virgilio Lacson of Manila Teachers, Milagros Aquino-Magsaysay of Senior Citizen, Jesulito Manalo of Angkla, Michael Romero of 1-PACMAN, and Emmeline Aglipay-Villar of Diwa.

Conflict of interest?

Co, owner of Hi-Tone Construction and Development, has been in the top 10 list of richest party-list representatives from 2010 up to present. He is also the brother of Elizaldy Co, the head of the transnational group Sunwest Group of Companies, Tektone Global Technologies Foundation, commercial hub Embarcadero de Legazpi, and other construction firms, malls and resorts.

His net worth from 16th to 17th Congress surged by P8,731,517, and P8,008,565 from 15th to the 16th. He was investigated, along with other district representatives in 2014, due to conflicting business interests in the projects of the Department of Public Works and Highways (DPWH).

The House committee on good government and accountability then investigated the release of at least P10.2 billion of the P69.7-billion congressional insertions spent in the last months of then President Gloria Macapagal-Arroyo. The DPWH expended the infrastructure funds to 1,074 projects despite having no revenues, Public Works Secretary Rogelio Singson said during the hearing, adding that it is against the General Appropriations Act.

In the probe of the House committee, it turned out that the company of Co was among the top 10 contractors involved. The late Rep. Rodel Batocabe, his party mate, questioned the House committee probe to defend him.

Due to Ako Bicol’s business interests, members of the Confederation for the Unity, Recognition, and Advancement of Government Employees (Courage), a member-organization of poll watchdog Kontra Daya, filed a disqualification case against the party-list group in 2010. In an ABS-CBN news report, Ako Bicol admitted being funded by the Delfin A. Co Foundation which shouldered the group’s development projects and scholarship programs.

The petitioners also traced that the employment provided to thousands of Bicolanos were from Co’s Tektone Foundation. “Both Elizaldy and Christopher are wealthy magnates in Bicol and the Philippines and they together, cannot represent the marginalized and underrepresented sectors,” the petition says. In addition, the family of Co has close links to Arroyo.

In the same year, the Commission on Elections (Comelec) dismissed the petition against Ako Bicol since it had to uphold the will of the electorate after the party-list group obtained the most number of votes. But in 2012, Comelec disqualified Ako Bicol for the 16th Congress. Then Comelec Chair Sixto Brillantes said that the group is a registered political party, not a marginalized people’s representative.

However, the Supreme Court released new parameters or guidelines for the party-list elections in 2013. It states that national parties or organizations and regional parties or organizations do not need to organize along sectoral lines and do not need to represent any marginalized and underrepresented sector. As a result, Comelec allowed Ako Bicol to run.

Mariano Michael Velarde Jr. is another lawmaker who joins Co in the top 10 list of multi-millionaire party-list representatives from 2010 to present. His father, Bro. Mike Velarde, is preacher and owner of Amvel Land Development Corporation.

In 2010, Kontra Daya asked Comelec to investigate 40 party-list groups which do not represent the marginalized and underrepresented sectors. Even if Velarde is one of those listed, he was still able to run under Buhay Party-list.

Re-electionists

Other partylist representatives in the top 10 list of millionaires in congress include Michael Romero, Jesulito Manalo, Emmeline Aglipay-Villar, Virgilio Lacson, and Milagros Magsaysay. These candidates were all elected during the 16th congress and re-elected in the 17th congress.

Richest Party-list Representatives of the 17th Congress

Name Partylist Networth Business Association Business-related bills forwarded
1) Michael Romero 1-PACMAN, 7,291,000,000.00 Globalport 900 Inc. GlobalPort Batang Pier (PBL team) 168 Ferrum Pacific Mining Position Harbour Center Port Terminal Inc. Mikro-Tech Capital Inc. Harbour Centre Port Holdings, Inc. R-II Holdings, Inc. MIC Holdings Corp. R-II Builders, Inc. enactment of House Bill (HB) 159 seeking to strengthen the right of government to expropriate lands for socialized housing
2) Emmeline Aglipay-Villar DIWA 1,407,459,436.00 Vista Land and Lifescapes Authored HB 04805, also known as An act mandating the Department of Agriculture to promote urban agricultural development in the country’s metropolitan areas, to address food security, and providing funds therefor
3) Virgilio Lacson Manila Teachers 791,690,847.37 Manila Teachers’ Savings and Loan Association He authored several bills on banking and finance including HB 08453, An Act instituting reforms in real property valuation and assessment in the philippines, reorganizing the bureau of local government finance, and appropriating funds therefor
4) Jesulito Manalo ANGKLA 118,639,794.00 He is one of the founders of Manalo and Perez Law Offices.  
5) Christopher Co AKO Bicol; 15th – 17th 104,440,082.50   CEO of Sunwest Group of Companies  
6) Milagros Magsaysay Senior Citizen 95,100,000.00 She is related to Ramon Magsaysay, the 7th President of the Philippines. She is also the grandmother of Miguel Corleon Magsaysay, a councilor in San Juan, La Union.    
7) Enrico Pineda 1 PACMAN 85,5000,000.00 Manny Pacquiao’s business manager; team manager of Pacquiao’s PBA team Mahindra Enforcer. He authored HB04054 which seeks to provide tax incentives to individuals and corporations giving donations, contributions, and grants to filipino athletes who have won medals in the summer olympic games
8) Michaelina Antonio AGBIAG 80,350,815.22 Her husband was the Partylist’s former Representative  
9) Aniceto Bertiz III ACTS OFW, 17th Congress 54,265,000.00 Global Asia Alliance Consultant Inc. He was involved in a heated discussion  with Eman Villanueva, a leader of OFWs in Hong Kong, after the latter brought up Bertiz’ recruitment agency.  He also authored HB 01302, an act establishing a special social security for migrant workers, which amends section 37-a of republic act no. 8042, on the compulsory insurance coverage by private insurers for agency hired workers.
10) Mariano Michael Velarde Jr. BUHAY 52,387,126.78 Son of Bro. Mike Velarde, the owner of Amvel Land Development Corporation. The other nominees of their party-list include William Irwin Tieng, whose family controls Solar Sports. A resolution directing the committee on revision of laws to index the fines under the revised penal code to adjust to present level of inflationary rates

Controversies

The Priority Development Assistance Fund scam, also called the PDAF scam or the pork barrel scam exposed large sums allegedly misused by several members of the Congress and Senate.

Based on the 2013 annual audit report of the National Commission on Muslim Filipinos released and posted on the Commission on Audit website, the following partylist representatives released part of the PDAF and Disbursement Acceleration Program allocations to alleged bogus foundations and suppliers:

Partylist RepresentativePartylistAmount
Daryl Grace AbayonAangat TayoP 44.8 million
Salvador Cabaluna IIII-CareP 37.5 million
Michael Angelo RiveraI-CareP 27.5 million
Mariano PiamonteA-TeacherP 20 million
Maximo RodriguezAbante Mindanao Inc.P 15.5 million
Raymond Democrito MendozaTUCPP 14 million
Abigail FerriolKalingaP 11.35 million
Angelo PalmonesAghamP 10 million
Ranulfo CanonigoKakusaP 10 million
Manuel AgyaoKalingaP 5.5 million
Sharon GarinAAMBIS OwaP 5 million
Mark Aeron SambarPL-PBAP 5 million
Neil Benedict MontejoAn-WarayP 5 millon
Homer Mercado1-UtakP 4.5 million
Isidro LicoAting KoopP 3 million
Ponciano PayuyoApecP 2 million

Indeed, there is evidence to prove that the party-list system has been hijacked by the rich and powerful. The Party-list System Act of 1995 which is supposed to make the House of Representatives truly representative has made it cruelly repressive. #

Party-list (Mis)Representatives

By Kiana Cardeno, Nica Rhiana Hanopol, JM Casino, Ferdin Sanchez

(Part one of three)

The House of Representatives (HOR) is hardly representative.

In not so many words, a non-representative HOR is the reason for the enactment of the Party-list System Act in 1995 and the first party-list election held three years after. No less than the framers of the 1987 Constitution saw the need to establish a party-list system to ensure representation of the marginalized and underrepresented.

While its 2001 decision helped define what is meant by marginalized and underrepresented, the Supreme Court practically reversed itself 12 years later. On April 5, 2013, the highest court of the land decided that party-list groups do not need to represent any marginalized or underrepresented sector.

“In effect, anyone actually by that decision can join the party-list,” said Alicor Panao, a researcher on party-list systems and a political science professor from the University of the Philippines (UP) Diliman.

From two dominant parties in the 1950s, Nacionalista Party and Liberal Party, Republic Act (RA) 7941, or the Party-list System Act, sought to provide the broadest possible representation for the Filipino people, most especially the poor and marginalized.

Over the last decade, the trends of proportionality in the House of Representatives have favored regional and workers groups, holding the most number of seats.

At present, more than 40 of active party-lists are now seated in Congress supposedly on behalf of laborers, peasants, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.

Many of those claiming to represent these marginalized sectors do not belong to these sectors and are members of well-entrenched political dynasties and special interest groups. Some have been implicated in corruption investigations while others have been known to promote special business interests. They are among the 59 party-list representatives occupying seats in Congress today.

Contradicting Actions

Some party-list representatives have been exhibiting contradicting platforms and have backgrounds that oppose what their party supposedly stands for.

1-PACMAN, a party geared toward supporting “marginalized nationals,” is represented by Michael Romero, who is a high-profile industrialist with a net worth of P7.2 billion, according to his Statements of Assets, Liabilities, and Net Worth (SALN) in 2017. He is also the Chief Executive Officer (CEO) of several corporations such as Mikro-tech Capital, Inc, Harbour Centre Port Holdings, Inc., 168 Ferrum Pacific Mining Corp., Manila North Harbour Port, Inc., and GlobalPort 900 Inc. An author and co-author of 473 bills, only four of these may be classified as poverty alleviation.

Similar to Romero, Rep. Rico Geron of AGAP party-list is a multi-millionaire who claims to represent agricultural workers. He is the former chief executive officer (CEO) of Sorosoro Ibaba Development Cooperative (SIDC), one of the largest agricultural cooperatives in the country. In 2016, SIDC’s employees went on strike citing unjust labor policies like low pay and contractualization. That year, Pagkakaisa ng Manggagawa sa Timog Katagalugan (Pamantik-KMU) condemned the “anti-worker nature” of Geron and his party-list group.

Meanwhile, other party-list representatives have also been accused  misdeeds.

Incumbent Rep. Arnel Ty of LPGMA or the LPG Marketers Association, a party-list that advocates “the need of the consuming public to have access to lower-priced LPG,” was found guilty of the unauthorized refilling of branded LPG tanks belonging to oil companies, violating Batas Pambansa Blg. 33 or “short selling and adulteration of petroleum and petroleum products” in 2016.

Along with former Agriculture Secretary Proceso Alcala, incumbent AGRI Rep. and garlic trader Orestes Salon faced graft charges filed by the Office of the Ombudsman. Salon and his 23 co-accused were allegedly able to monopolize the supply of garlic during the Aquino administration, manipulating the prices of garlic from 2010 to 2014.

Salon, who supposedly champions the rights of farmers in the country, posted a bail of P30,000 for his alleged involvement in the garlic cartel.

Ang Mata’y Alagaan (MATA) party-list claims to represent the blind and visually impaired. Also engaged with the overall health of the Filipino, the group also claims to give away free medicine, consultations, operations, and dental missions. However, MATA party-list Rep. Tricia Velasco-Catera is the daughter of retired SC Justice Presbitero Velasco and re-electionist Torrijos Mayor Lorna Velasco. The former Supreme Court justice is now running as governor of Marinduque. Tricia’s brother Lord Allan Jay Velasco is running for congressional re-election. Ethics complaints were filed against Velasco-Catera over her alleged “highly unethical activities,” such as Gluta-drip sessions at her office in the House of Representatives during working hours.

Pinoy Aksyon for Governance and Environment (Page) said that the use of Glutathione drips is highly discouraged by established medical professionals. As reported by Rappler, Page questioned whether Velasco-Catera’s practice was safe or legal under the code of ethics for doctors, especially for having the Gluta-drip sessions inside her office. “One’s office cannot be considered a medical clinic. We do not want to even consider the dire consequences if something untoward happens to Rep. Catera in the very premises of the House of Representatives due to such unregulated practice of medicine,” Page said.

History of Disqualifications

In October 2012, Ang Galing Pinoy (AGP) was disqualified from the 2013 elections for failing to meet requirements on representation. They were among the 54 party-list groups and organizations that were barred from participating in the said elections. The Commission on Elections (Comelec) disqualified AGP because its nominees “did not represent its chosen marginalized sectors.”

Panao said that it is important to look at these political parties internally, specifically on the lack of proper guidelines on how nominees are chosen. He said that once a party successfully meets the qualifications set, they basically already have the freedom to choose whoever their nominee is, as long as they achieve the bare minimum. “If people elect [them], it can happen na yung mga nominee ay member ng political dynasty, member ng traditional or outterm, former district representative. So, pwede siyang gamiting backdoor.”

AGP aimed to represent the interests of such sectors as security guards, tricycle drivers, FX drivers, taxi drivers, and street vendors. One of AGP’s principal nominees was Juan Miguel “Mikey” Arroyo, son of former president Gloria Macapagal-Arroyo and was neither a security guard nor tricycle driver. At the time, the younger Arroyo was facing inquiries regarding his wealth, which by some reports increased from P5.7 million in 2001 to P101.3 million in 2009.

Following the 2013 SC decision, AGP was one of the party-list groups whose cases were not remanded to Comelec and remained disqualified. Furthermore, even after the SC decision, they decided not to appeal. AGP was then removed from the 2013 ballots, concluding with finality that they were not permitted to run in that year’s midterm elections.

A Backdoor Entry

Six years after the Atong Paglaum case, the party-list system has cemented itself as a backdoor entry for traditional politics in the already elite-dominated House of Representatives.

In 2012, the Comelec initiated special proceedings that sought the disqualification of several partylist groups after public outcry over the proliferation of nominees who were neither marginalized nor underrepresented. Groups like Kontra Daya filed disqualification cases against what they described as “fake” or non-marginalized partylist groups.

The groups disqualified by the Comelec soon brought their case to the Supreme Court. With the consolidation of 54 petitions from 52 party-list groups in 2013, the SC was prompted to decide on Comelec’s disqualification case against various groups from running in the May elections of the same year.

Among the most common grounds that Comelec cited for the disqualifications were:

1.    The sector the party-lists aimed to represent were neither marginalized nor underrepresented

2.    The nominees did not belong to those sectors

3.    The nominees / political parties did not have extended histories in supporting their chosen sectors

A number of the grounds for disqualification were essentially rendered null by the SC decision, which set six new parameters to which the Comelec must adhere in determining who was allowed to participate in the May 2013 elections. The decision’s fourth parameter states that “it is enough that the party-lists’ principal advocacy pertains to the special interests and concerns of the sector.”

Renato Reyes, secretary-general of Bagong Alyansang Makabayan (BAYAN), said that this results in narrower representation, especially when measuring who gets to sit. “Mas-kumikitid yung representation… kasi yung party-list sana would have allowed other sectors to be represented. Pero yung mga dati nang nakaupo, gusto nila pati iyong partylist i-claim nila, hawakan nila, because it helps concentrate power in the hands of a few.”

While disadvantaged groups have their own seats, the law in its current form does not protect them from unfair competition, according to Reyes. “Ang dilemma is how can they compete during the elections doon sa mga dynastic party-list groups, tsaka sa mga well-funded local machineries? So yung mga party-list groups na talagang galing sa mga mahihirap yung kanilang kinatawan, lagi silang mahihirapang mag-compete and manalo ‘pag ang kalaban nga nila yung mga dynasties at yung mga bilyonaryo.”

Meanwhile, Panao said that the low requirement of only two percent to gain seats, albeit limited to three, also results in almost identical parties. “Hindi sila ganun ka-productive kasi hindi sila maka-forge ng alliance… hindi sila nagtutulungan kasi ine-alienate mo na no’ng kampanya ninyo; nagkaroon ng fragmentation sa halip na unity. Parties are meant to unify your preferences, that’s the point of party-list, whether you like it or not.”

In the 17th congress, Kalinga Party-list, whose nominee is one of the poorest in Congress, was only able to file a total of 40 bills, whereas Ako Bicol Party-list, which listed multi-millionaires Christopher Co and Rodel Batocabe, filed 1,163 bills.

Despite the high number of bills authored and co-authored by Ako Bicol, only 55 unique bills were passed into law. The party-list was the main sponsor of 39 of these bills, and a co-sponsor of 16. These laws, however, were not directly concerned with the welfare of Bicolanos, the region they claim to represent.

In his statement in an interview with ABS-CBN, the late Ako Bicol Rep. Rodel Batocabe said that authoring bills that would only benefit Bicol would be “tantamount to class legislation and a violation of the equal protection clause of the constitution.”

“Amend it or craft a new law that defines with lesser ambiguity – with no ambiguity – those gray portions and those gray areas of the law. Ang nangyayari sa akin ngayon we have the law, we don’t amend it, and we let the Supreme Court do the interpretation,” Panao said. #

(Part 2: Party-list groups: Family Enterprise)

Fact-finding mission says paramilitary killed Sagay farmers

A national fact-finding mission on the massacre of nine farmers in Negros Occidental said suspected government agents are behind the bloodbath last October 20 even as the Philippine National Police insists so-called recruiters of the victims are the suspected perpetrators.

The mission said the likely killers are active members of the Special Civilian Auxiliary Army (SCAA) who are “commonly known” to be engaged in protecting haciendas and are under the control of the local government of Sagay City.

Based on the way the victims were brutalized after being killed and their history of killings and harassments, it is likely SCAA gunmen, numbering 10 to 15, killed the farmers, the mission said.

The group also cited earlier red-baiting statements issued by the Armed Forces of the Philippines (AFP) leading to the massacre.

The mission was composed of Salinlahi, Children’s Rehabilitation Center, KARAPATAN National Alliance for the Advancement of People’s Rights, Gabriela Women’s Party Congresswoman Arlene Brosas and Atty. Panguban of the National Union of Peoples’ Lawyers.

Hours before the massacre, the victims started a land cultivation activity to plant vegetables to tide them over in between sugarcane cropping activities.

Police story

The Philippine National Police, however, insisted on its story that the victims were killed as part of a plot to destabilize and oust the Rodrigo Duterte government.

PNP Region VI director John Bulalacao said they filed multiple murder charges Friday against Rene Manlangit and Rogelio Arquillo, both members of National Federation of Sugar Workers (NFSW), as well as other John Does.

Bulalacao said Saturday that Manlangit and Arquillo deceived the victims by enticing them to join the land cultivation activity in exchange for a parcel of land once Hacienda Nene is distributed to farmers through land reform.

“[They were] persuading innocent people by promising them land not knowing that they become part of a greater force that would generate outrage to the government,” Bulalacao claimed.

Bulalacao claimed the police have eight witnesses, including the 14-year old massacre survivor Sagay police earlier tried to arrest.

The police general said their “complainant-witnesses” voluntarily submitted their respective affidavits, including the statement of the minor as witnessed by the Sagay development and social welfare office.

Upon learning that the boy was about to be arrested by local police, however, his mother Flordeliza Cabahug and mission members claimed custody of the boy.

Red-baiting and killings before the massacre

The fact-finding mission cited that in April, the Armed Forces of the Philippines has accused the NFSW as a legal front of the Communist Party of the Philippines (CPP) and New People’s Army (NPA) and that their land cultivation activities are projects to fund NPA operations.

Last December 21, suspected SCAA members killed and burned the body of NFSW-Sagay chairperson Flora Gemola in Sagay’s Hacienda Susan.

In February 22, NFSW member Ronald Manlanat was shot in the head in Hacienda Joefred, also in Sagay.

The gunmen also shot some Hacienda Nene massacre victims on the head and burned three of them after being killed.

The mission said Hacienda Nene’s leaseholder Allan Simbingco rents 400 hectares of land of different haciendas in Sagay City alone.

“Most of the haciendas that he’s directly involved in are the ones with land disputes, even those already under so-called preliminary activities of Department of Agrarian Reform [prior to being awarded to farmer-beneficiaries],” the mission said.

Simbingco is a close relative of Sagay City mayor Alfredo Marañon III and Negros Occidental governor Alfredo Jr.

The Marañons are known to be actively recruiting former Revolutionary Proletarian Army gunmen to be part of the SCAA, the mission cited.

“In fact, the local housing project in Barangay Bulanon is allotted for SCAA members,” the mission said. # (Raymund B. Villanueva)