EDITORIAL

Stopping corruption

Stopping corruption and red tape in government is a tall order. But a step in the right direction was made by the Civil Service Commission when it issued last week a directive to concerned agencies to strengthen implementation of Anti-Red Tape Law (Republic Act 9485).

This maybe worth watching as the directive ordered the agencies to institute measures to crack down on fixers in government offices and report these to CSC regional offices.

The CSC issued memorandum circular 14, s. 2008 on Nov. 13 to add teeth to RA 9485 which aims to “improve efficiency in the delivery of government service to the public by reducing bureaucratic red tape, preventing graft and corruption, and providing penalties to improve delivery of public service.”

To ensure effective implementation of the directives, the CSC instructed all concerned agencies to draw up their respective list of 20 services with heavy client traffic or those which are availed of by clients. The list should be finalized by Nov. 15.

Within a month period, from Nov. 16 to Dec. 15, such agencies should come up with Citizen’s Charters guided by the provisions of RA 9485. By Dec. 31, the agencies should post in easily readable format and in conspicuous areas their list of services and Citizen’s Charters.

Complaints desks should be set up n accessible areas of the offices also by Dec 31. Agencies were also required to submit initial report on compliance with previous Anti-Red Tape issuances, namely: Republic Act No. 6713, OP memorandum circular 35 dated March 17, 2003 and administrative order 161, s. 2006 to the Commission by Nov. 30. Another report in compliance with AO 241 must also be submitted to the Commission on Jan, 15, 2009.

The ten priority agencies identified in AO 241 were the bureaus of Customs, Fire Protection, Foods and Drugs, Immigration and Internal Revenue. Others were the Department of Environment and Natural Resources, Laguna Lake Development Authority, PhilHealth, Social Security System, and Government Service Insurance System which were directed to coordinate closely with the CSC and the Development Academy of the Philippines for streamlining procedures.

EDITORIAL

State repression

State repression is getting worse according to “leftist” organizations with the rash of cases of arbitrary detention, execution and arrests on trumped up charges allegedly by the Armed Forces of the Philippines.

The AFP has denied these charges and atrocities. But it is not doing the AFP any good if it doesn’t open its facilities to families looking for missing persons who were believed abducted or killed by the military. Since the AFP is considered the protector of the people, it should also issue statements of concern and act accordingly if missing persons are not really in their turf.

The latest case was the abduction and detention of lawyer Remegio Saladero, Jr. allegedly by elements of the Philippine National Police on Oct. 23. At 1 p.m. that day, Saladero was allegedly arbitrarily arrested in his house-cum-law office in Antipolo, Rizal on a defective warrant of arrest charging him with frustrated and multiple murder. He was arrested by members of the Antipolo police and brought to Camp Vicente Lim in Laguna.

Saladero is the chief legal counsel of Kilusang Mayo Uno (KMU) Pro Labor Legal Assistance Center's (PLACE) board chairman, Anakpawis Partylist's legal counsel, National Federation of Labor Unions (NAFLU)-KMU chief legal counsel and a member of the National Union of People's Lawyers (NUPL), among others.

He graduated law at San Beda College and was among the top 20 when he took the bar in 1984. He was also a law professor at the Lyceum and the Dominican College. He is also a columnist at the on-line newspaper Pinoy Weekly.

Now, the KMU is saying the “political persecution” of Saladero is also a persecution of thousands of people whose cases are part of the more or less 700 cases he is trying to defend of their labor rights and human rights. This is denying justice, they said.

Saladero had been critiquing anti-labor laws and policies of the government like the New Labor Code which the KMU said “is mainly for the protection of greedy capitalists.”

The KMU said the abduction of Saladero is not an isolated case under the present regime. This is reportedly a part of a systematic operation emanating from the policy of the Inter-Agency Legal Action Group (IALAG) which is responsible for the case build-up and the filing of trumped-up charges against leaders of progressive people’s organizations whom they tag as fronts of the Communist Party of the Philippines.

In the Cordillera, the KMU cited the case of Jose Cawiding, Bayan Muna coordinator for Benguet who the group said, had been falsely charged with eight counts of multiple murder and one count of frustrated murder. He was accused of being one among the New People’s Army that ambushed an army troop sometime on August 2003, the same time that he was attending a Bayan Muna conference in Baguio. He was detained for almost seven months (October 2007 to April 2008) at the Benguet Provincial Jail.

Recently, James Balao, a founding member of the Cordillera Peoples Alliance was also believed abducted by elements of the Intelligence Service Unit of the Armed Forces of the Philippines at Tomay. La Trinidad, Benguet on Sept. 17. Until this day, he is missing.

Now, local and international cause-oriented groups including concerned individuals are protesting the continuing harassments and cases of political killings and enforced disappearances allegedly perpetrated by lawmen.

The groups are pressing that courts should drop such cases like conspiracy to commit rebellion and frustrated and multiple charges filed against innocent individuals like Saladero and that those responsible for political persecution should be held accountable. Is anybody in government listening?

EDITORIAL

Cordillera autonomy what?

Just recently, Juan Ngalob, chairman of the Cordillera Regional Development Council said “sincerity and sensitivity of autonomy advocates coupled with a grassroots information and education campaign would be a key factor in the region’s quest for Cordillera autonomy as enshrined in the 1987 Philippine constitution.”

He was quoted as saying the RDC was “not railroading the long overdue clamor for genuine autonomy contrary to the insinuations of some sectors it is rushing the issue to the people of the region.”

Ngalob said they were sensitive on the observations being raised by some sectors on regional autonomy, thus, they crafted a three-point work plan “to ensure that the people have internalized the true meaning of autonomy.”

According to Ngalob, the region’s policy-making body was sensitive about the peoples observation and comments about self-governance, thus, they opened all its doors on how to improve public perception of the controversial issue. “Autonomy advocates must be sincere and sensitive especially on the various aspects of regional autonomy so that the Cordillera could get the best details of the issue and convert it into an acceptable autonomy law.

The three-phase work program was reportedly the offshoot of the results of a recent survey conducted in all parts of the region which showed 66 percent of Cordillerans were not aware of the quest for regional autonomy as enshrined in the Constitution.

The RDC’s work plan was reportedly spread over the next three years from 2008 to 2010 with the primary goal of laying the ground works for a better understanding of the quest for regional autonomy in the context of spurring economic development in the Cordillera, which has always been left out in the allocation of resources by most government agencies due to its limited population and land area as well as income.

Under the new work program, the RDC will prioritize the information and education campaign, cap activities and project steering and program monitoring, evaluation and continuous action.

The four aspects of the IEC include for the general public, youth, academe, government agencies and other aggravations. “The capability-building activities would strictly focus on capacitating local authorities to effectively and efficiently deliver the basic services to the people much better than what is being currently done by national government agencies through improved resource-generation,” he said.

At the same time, local authorities reportedly be given proper training on how to implement the eight key focus areas of the regional development plan which includes administrative governance, ancestral domain and natural resources, education, resource-generation among others to be able to maximize the utilization of available resources to enhance development in their own areas of jurisdiction.

On the other hand, the project steering, program monitoring and evaluation is focused towards improving the region’s dealings with national agencies and come out with doable plans and programs on how to undertake limited autonomy in the local and regional levels so that the people would have a first-hand experience on what would it take to be an autonomous region in the future.

Ngalob, like the rest of RDC members can yak all they want about autonomy but they should talk where their mouths are. What is happening is they are telling the people what “genuine autonomy” is. Such concept of “genuine autonomy” should emanate from the people – not what government thinks what “genuine autonomy” is.

Those involved in the government’s autonomy drive should also live frugal lives by example should be transparent enough about government funds for the purpose if people were to believe them. For starters, what happened to the P15 million information fund for their thrust for “genuine autonomy? Media plays a large role in information dissemination. There have been no announcements or advertisements placed in the media since the RDC started its so-called information dissemination campaign.

EDITORIAL

Improving the educational system

Following the series of controversies on corruption involving government officials, the move of the Department of Education to reduce drop out rate in schools is a welcome respite. DepEd Secretary Jesli Lapus last week urged all incoming first year high school students for school year 2009-2010 to register in public or private schools of their choice this January, 2009.

This way, the department can take immediate measures to reduce the drop out rate in schools, especially between Grade 6 to first year high school. The enrollment for school year 2009-2010 remains in June.

This was to clarify earlier media reports which said that the enrollment of incoming first year high school students has been moved to January. According to a memorandum from DepEd, registration should be within the four Saturdays of January 2009. Lapus said the move seeks to monitor the number of graduating Grade 6 pupils who will continue in high school.

"Through the early registration scheme, DepEd will be able to identify those graduating from Grade 6 and take action if there are students who are in danger of dropping out from school," Lapus added. In registering, the graduating Grade 6 pupils have to bring with them their certification from the school principal stating that they are candidates for graduation for school year 2008-2009.

Studies show that out of 100 pupils who enter Grade 1, only 66 graduate in Grade 6 out of which only 58 enroll in high school. "The early registration program will provide DepEd information that will allow it to introduce appropriate interventions that help lessen the rate of drop out from Grade 6 to high school," Director Yolanda Quijano of the DepEd Bureau of Elementary Education emphasized.

Lapus disclosed that as part of its intervention program, DepEd will absorb dropping out students under the Open High School program. Depending on the situation in a community, the Open High School operates by following various models to suit the needs of the students. One model offers a night shift to accommodate the students.

The school may also offer a scheme where students study through learning modules. Quijano said that if the graduating Grade 6 pupil fails to register during the given period this is already a sign that the he or she may not enroll in high school.

When this happens, the secondary school head will have to check with the elementary school head the reasons for non-registration. School officials will then have to coordinate with parents and barangay officials to ensure that school-age students are kept in school.

In cases where a public high school is unable to accommodate them, the students may be absorbed in private schools of their choice where DepEd pays for the matriculation fees under the Government Assistance to Students and Teachers in Private Education (GASTPE).

The division offices of the DepEd will mobilize school communities and use all means of communication in order to reach even those students of high school age who have stopped schooling after completing their elementary education.

EDITORIAL

Presumption of malice in libel cases is unfair

Last week, the Northern Philippine Times was slapped with a libel case, the first in its eight years of existence over a report on illegal logging in Bokod, Benguet. Since it is still due for review by the prosecutor’s office in Bayombong, Nueva. Vizcaya where the case was filed, we will not discuss its merits.

Over the years, newspapers and other media outfits like television and radio have been slapped with libel cases by the rich and the powerful and those who professed to be aggrieved. Getting a libel suit is not just irritating but a waste of time, effort and money particularly if the charge is baseless or unfounded but only meant to harass the reporter or media outfit.

It is a welcome development that some quarters would want now to “decriminalize” libel, which means dropping the imprisonment aspect of penalties for those convicted of libel and limiting liabilities to payment of civil damages. Working journalists welcome this.

Scrapping of prison terms is welcome, but that may not be necessary as long as state prosecutors and judges are fair and reject the inducements of complainants with money and influence. In a level field, true journalists can defend what they write. Whatever direction the decriminalization move takes, the Supreme Court has taken the initiative of advising judges in the lower courts to avoid imposing jail sentences (and only render judgment for damages) in libel convictions.

Some lawmakers whose hearts allegedly bleed for poor newspapermen keep pushing for decriminalizing libel. But newspapermen would prefer they work instead on amending the law on libel to remove the unfair presumption of malice on the part of the writer even before the trial starts. Under our system of laws, one is presumed innocent until proved guilty. The prior presumption of malice in libel cases goes against this basic rule.

Under certain circumstances, a writer sued for libel is presumed by law to have been motivated by malice or ill will. He has to overturn this negative presumption to get off the hook.
This violation of journalists’ right to equal protection should be expunged from the penal code and the move of certain quarters in pushing this is a welcome development.
***
Libel as defined under Article 353 of the Revised Penal Code is — and this is the language of the law — a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to discredit or cause the dishonor or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

From this definition elements of libel are: (a) imputation of a discreditable act or condition to another; (b) publication of the imputation; (c) identity of the person defamed; and, (d) existence of malice. These elements of libel, except malice, lawyers say, are easy to prove or disprove since the published piece is there as public exhibit. The main defense line in libel cases is to show that at least one element is missing. If one element is not there, there is no libel.
***
Legal luminaries say among all the elements, malice is the most difficult to prove because it is mainly in the mind. However, the law as it is now written presumes that malice is present in every defamatory imputation. Article 354 of the Revised Penal Code says:

“Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:

“1. A private communication made by any person to another in the performance of any legal, moral or social duty; and

“2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.”
***
The usual defense against malice in law is to show that the matter written about is qualifiedly privileged. For instance, when a reporter writes on a privilege speech delivered by a senator on an alleged scandal and persons are mentioned, the writer shares in the lawmaker’s (parliamentary) immunity and his report is deemed privileged.

Once it is established that the article is privileged, the burden of proving actual malice (malice in fact) rests on the complainant. The thesis is that from the very beginning, the burden of proving malice should rest on the complainant and not merely presumed by law (malice in law).
It should not be that difficult to rewrite or amend the law to give journalists the same universal right to presumption of innocence.

Editorial

Top government workers, agencies in Cordillera

It is but fitting that the Civil Service Commission-Cordillera feted outstanding employees and agencies in the region during the Regional Recognition Program that capped the month-long celebration of the 108th anniversary of the Philippine Civil Service held Sept. 30 at the Pines View Hotel here.

This year’s Presidential Lingkod Bayan individual category awardees Dr. Celia Flor Brillantes, medical officer V of the city health services office and Warren Ambat, teacher II of the Baguio City National High School led the honorees during the program.

Brilliantes and Ambat were joined by Lingkod Bayan semi-finalists Nora Amoway, Special Education Teacher III, Evelyn Joyce Taguiba, principal IV of the Mt. Province National High School, George Vidal Jr., teacher II of Quirino Hill Elementary School.

Also cited were Dangal ng Bayan awards semi-finalist San Ubaldo Esteban, electrical inspector of the Bureau of Fire Protection Tabuk City and 2008 PAGASA award semi-finalist Regina Sarmiento, master teacher II of the Department of Education Benguet.

During the program, the CSC awarded the top four agencies with the best Program on Awards and Incentives for Service Excellence (PRAISE) Committee namely the Benguet State University, first placer; the city government of Baguio, second; the provincial government of Benguet, third; and the Department of Environment and Natural Resources Cordillera as fourth placer.

For the Public Service Delivery Audit (PASADA), certificates were awarded to: administration office of the Benguet State University; registrar’s office also of BSU; the DepEd Benguet Division Office, DepEd regional office, Department of Public Works and Highways Cordillera (DPWH-CAR), Philippine National Police Cordillera crime laboratory and the PNP provincial office. The seal of frontline service excellence was awarded to the Department of Science and Technology Cordillera (DOST-CAR) and the ATI-National Training Center.

The program, attended by CSC regional director Lorenzo Danipog, Assistant Regional director Rafael Marco and CSC-CAR field office directors Adela Esteban of Baguio, Allyson Locano of Ifugao and Mt. Province, Rogelio Del Rosario of Abra, Cornelia Rillera of Benguet and Nerissa Canguilian of Kalinga Apayao and heads and representatives of various line agencies attested to the importance of the event. Congratulations to the awardees and the CSC!

Editorial

Responsible mining and tragedies

There is need for a clearer definition of the government’s policy on mining following the tragic mine accident at Goldfield, Antamok, Itogon, Benguet wherein six miners died, nine others were rescued alive while one is still missing after they were trapped inside a mine tunnel more than nine days without food.

Call it reactive, but better late than never. The Cordillera Regional Development Council, following the tragedy, has requested the Mines and Geosciences Bureau to come out with a clear definition of its policy on “responsible mining” to ensure better understanding of its programs and projects. The region’s policy-making body also requested the MGB to present a comprehensive report on its activities related to responsible mining for monitoring.

The Cordillera is a rich source of minerals but bad experiences of host communities relative to large-scale mining operations are now major hindrances of entry of mining companies in mineral-rich areas. Among these are uncompensated claims, destruction of forests and watershed areas, depletion of sources of water, existence of subsidence areas and unfulfilled promises to the people living in affected areas.

According to the RDC, the implementation of responsible mining would prevent disasters in mining communities which would result in loss of lives and damage to properties in the future. The body said responsible mining should care for the environment of surrounding communities since it would be a disaster when it will be nature which will make its disastrous presence felt like during typhoons.

The practice of responsible mining, the RDC said, will also be mindful of outcome of mined out areas since mining companies will be mandated to prepare a comprehensive mine rehabilitation plan after their operations so such areas could be rendered useful for the economic activities of the people in the area.

The Catholic Bishops Conference of the Philippines earlier supported the implementation of the government’s policy on responsible mining but cited urgent need to come out with detailed aspect of the programs and projects for better appreciation of the concerned sectors. Proper agencies like the MGB could now do the job of informing the people on its programs to deter accidents like the Itogon tragedy.


Countdown for ‘surfacing’ of James Balao now 18 days

It has been exactly 18 days since James Balao, a member of the Cordillera People’s Alliance has been abducted allegedly by elements of the Military Security Unit of the Armed Forces of the Philippines.

Up to now, it is a wonder why the AFP has not yet issued a statement on Balao’s disappearance despite media reports. This, considering that even the international community like Amnesty International and the United Nations have taken notice of the matter and urged the Philippine government to make an impartial investigation on the matter and “surface” him.

Up to now, efforts are being made by his family and concerned sectors to locate him but without the help of people who have conscience in the AFP, the police or any concerned government office or private individuals, it would be hard to find him.

Those who have knowledge about his disappearance are urged to report Balao’s whereabouts to the CPA (09184698849), the Cordillera Human Rights Alliance (09178836594) or his family at 09175069404.

EDITORIAL

Surface James Balao

It is a sad state of things that a kind and responsible non-government worker in the person of James Balao of the Cordillera People’s Alliance is missing, believed abducted by army intelligence officers.

A lot of people and organizations in the Cordillera where Balao worked are alarmed, indignant and are demanding from the government to produce Balao in person. It is a welcome development that even Amnesty International and the United Nations took notice of his disappearance and are now pressuring the government to conduct the necessary investigation and make him surface. Balao had no known enemies. A humble man, he didn’t drive a vehicle and wore simple clothes. He was not fond of parties and preferred the company of his peers.

The Cordillera Human Rights Alliance in a statement said they believe the surveillance and enforced disappearance of Balao was perpetrated by state security forces as a part of their operations under Oplan Bantay Laya, a policy of categorizing legal people's organizations and their staff and volunteers as “front organizations” and “supporters” of the of the CPP, National Democratic Front of the Philippines or the New People’s Army.

This policy, the CHRA said, has led to the surveillance, harassment and intimidation, abduction and killing of members and leaders of progressive people’s organizations all over the country like Balao.

The CHRA has urged the Philippine Government to observe the Comprehensive Agreement on the Respect for Human Rights and International Humanitarian Law (CARHRIHL) and other international human rights laws and declarations such as the Universal Declaration of Human Rights and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

In Balao’s case, the Armed Forces of the Philippines could come up with a statement on the matter. According to cause oriented groups and members of the media, there were no staff at the headquarters of the army command in Camp Allen in Baguio after his disappearance was exposed in the media. The people are waiting for a statement from officials of the army command.

Meanwhile, we urge anybody who knows anything about Balao’s disappearance to report it to his family or to the Cordillera People’s Alliance by texting or calling 09184698849 or the CHRA at 09178836594.

EDITORIAL

Taxpayers shortchanged, abused by rampant corruption in government

Taxpayers are the ones shortchanged by the rampant corruption in the bureaucracy where over P1.2 trillion in national funds and P20 billion in local funds are being lost due to graft and corrupt practices in the various government offices.

This is coming from lawyer Lorenzo Danipog, regional director of the Civil Service Commission in the Cordillera who added basic services to the poor Filipino populace are not addressed due to unscrupulous practices of a number of government officials.

If the stolen money is wisely spent by responsible government officials, the CSC official said, the country would have an excellent health service for the 90 million Filipinos as well as improved roads for better accessibility from one place to another.

According to Danipog, corruption is being reportedly masterminded by presidential appointees, thus, officials in the lower portion of the bureaucracy are being forced to commit graft to satisfy the demand of their superiors in said government offices.

While the national government maybe doing something to lessen graft and corrupt activities of unscrupulous officials, the greed for money and power continues to hound the bureaucracy, this the supposed efficient and effective delivery of public service to the people especially those from rural communities is sacrificed.

The good news, Danipog said, is that despite negative perception of the people on government officials, there are still a good number of responsible, dedicated and trustworthy officials and employees of the bureaucracy who are duly recognized during the anniversary of the Philippine civil service every September.

The endeavor of the CSC would make good practices and examples of outstanding government officials and employees serve as a motivation for the more than 1.5 million workers in the government to shape up and start working for the general welfare of the people they serve.

In the Cordillera, since the search for outstanding public officials and employees was launched, the region produced 61 awardees in the Presidential Lingkod Bayan Award, the Dangal ng Bayan Award and the pag-asa Award being given by the CSC every year. Out of the said number of awardees, 25 received the Presidential Lingkod Bayan Award, 27 got the Dangal ng Bayan Award and 10 garnered the Pag-asa Award.

Indeed, rampant corruption in the bureaucracy being frequently reported is a disappointment among the upright government workers who are diligently performing their assigned duties and responsibilities.

Worst, Danipog said, the supposed “big fishes” are the ones who are able to escape their immoral acts while the “sacrificial lambs,” who are usually lowly-paid government workers performing their work in accordance to standards are being convicted for graft even with a simple mistake, thus, the enforcement of the law is sometimes selective and biased against ordinary workers and citizens.

Danipog said with reforms being introduced to fight rampant corruption in the bureaucracy, corruption would be lessened so people’s money would be used for the greater advancement of the government’s basic service for the people and not for a few individuals.

But then, if reforms being purportedly done in government are being met with skepticism, it is because those in power are flouting it and setting a bad example to the bureaucracy. An affective anti-corruption strategy is what is needed along with an upright crop of officials holding the highest posts in the land to put fear into the hearts of the morally bankrupt and corrupt officials.

EDITORIAL

‘Paradigm shift’ on the peace process

President Gloria Macapagal-Arroyo has directed a “new paradigm” on the peace process by mandating that, henceforth, peace negotiations shall be refocused from one that is centered on dialogue with rebels to one of authentic dialogues with the communities and stakeholders who will formulate and determine, together with government, the enhanced road map for the peace process. Any negotiation with armed groups will be in the context of disarmament, demobilization and reintegration (DDR).

An email from the Malacanang press office bared this saying “underlying all this is the adherence to the rule of law, primacy of the Philippine Constitution and the principles of sovereignty, territorial integrity and national unity.”

Consequently, the President has ordered that the government peace panel for talks with the Moro Islamic Liberation Front be dissolved to re-align all the peace initiatives in accordance with the new policy. All the other existing peace efforts with other armed groups are likewise directed to proceed in accordance with this directive.

In pursuance thereto, the President has directed the Presidential Adviser on the Peace Process to carry out a thorough review of all peace initiatives. Covered by this review are the GRP-MILF peace talks, the stalled peace negotiations with CPP-NPA-NDF, the implementation of the GRP-MNLF peace agreement of 1996, the status of past GRP-MILF interim Agreements, the implementation of the GRP-RPM-ABB Agreement and the GRP-CPLA Agreement of 1986 and applicable provisions of RA 9054.

Results of such review will be the bases of an enhanced and new roadmap on the Peace Process to be submitted to the President, through the Executive Secretary for consideration and approval. This reiterates the President’s guidance contained in the Memorandum of Instruction issued on 2 Sept. 2003 to the GRP Peace Panel.

Like we’ve been saying, government in most cases had been reactive instead of proactive in policies, programs and undertakings. The MILF MOA brouhaha wouldn’t have happened if the Malacanang bright boys could have studied the matter more before coming up with the “draft.” Who got something for it? When the dirty lucre of money rears its ugly head, expect mayhem and this would go on until the 20010 elections.

EDITORIAL

Hospitals exploiting nurses under new employment racket should be shut down The Department of Health should shut down private and public hospitals found exploiting new nursing graduates and nursing students under a new employment racket exposed recently by the Philippine Nurses Association.

This was Sen. Pia S. Cayetano’s statement is in reaction to PNA's recent exposé on the alleged practice where hospitals take in nursing student interns and new nursing graduates who are not paid proper wages, or not paid at all, instead of hiring permanent nurses for their medical staff in order to save on labor costs.

The government should not tolerate such an inhuman practice. The fact that we have an overflowing army of unemployed and underemployed nurses lining up for work just to meet the required two-year service experience before they can practice abroad, does not give any of these hospitals the right to exploit them.

Cayetano, who chairs the Senate committee on health and demography said the racket was not only is it demeaning to exploited nurses and students, but a shame to the entire nursing profession in the country.

The DOH should move to cancel the license to operate of all medical facilities found guilty of engaging in such acts. In coordination with the Department of Labor and Employment, it should also set up a system to prevent exploitative employment arrangements in medical facilities.

Indeed, the DOH can mandate the ratio of nurses to patients for each hospital and it can suspend or cancel that hospital's license if this ratio is violated. But as to the manner how hospitals employ their nurses, whether as contractuals or on-the-job trainees, and for any violations of labor laws, it is DOLE that has jurisdiction considering their employers could face both civil and criminal liabilities.

The Philippine Hospitals Association should also conduct an in-house investigation among its members and file appropriate sanctions against violators. Nursing schools who enter into exploitative agreements with these hospitals should likewise be punished and shut down by the Commission on Higher Education.

Like Cayetano, the NPT urges those who have been victimized by this reported nursing employment racket to speak out and turn the tables against their exploiters. The nursing exam leakage two years ago and this latest nursing employment racket are just tell-tale signs of how commercialism has bastardized the local nursing profession. All concerned sectors should move to help protect the dignity and well-being of our nurses.

EDITORIAL

‘Disappeared persons’ 1,193 and counting

Thirty women missing: These are the numbers of abducted women who remain missing since Gloria Arroyo came into power, according to the Center for Women's Resources, a research and training institute.

Cases of enforced disappearances, aside from the extra-judicial killings, remain unsolved by the government. There are 1,193 victims of enforced disappearances from 2001 to June 2008. Most of the abducted victims are human rights advocates, community organizers and leaders.

"Enforced disappearance is a clandestine repressive strategy committed by public authorities to spread terror within the society. It turns human being into a non-being, denying the right of persons to exist or to have an identity," said Jojo Guan, CWR executive director. “Aside from being victims themselves, women also bear severe suffering as they wait eternally for the return of their loved ones. The constant uncertainty about the whereabouts of their loved ones causes torture for mothers, daughters, sisters of the disappeared person."

Elizabeth Calubad had been looking for her husband Rogelio and son Gabriel since 2006 after the two were forced into a van by armed men. Lorena Santos has been searching in the different military camps since 2007 for her father Leo Velasco, who was among the 50 individuals charged with rebellion by the Justice Department and was abducted in Cagayan de Oro City.

Dee Ayroso has also been hopping from one camp to another since 2002 in search of her husband who was reportedly abducted by soldiers from the 71st Infantry Battalion of the Philippine Army. Ghay Portajada has been searching since 1987 for her father who was the Coca Cola workers' union president and was abducted in Makati.

Guan said families try to obtain even the smallest scrap of news but their inquiries with the authorities have in most cases borne no fruit. They are usually told that their relatives are unknown to the authorities, contradicting the eye-witness accounts of the abduction.

The United Nations recognizes enforced disappearance as an international crime against humanity and marks August 30 as the International Day of the Disappeared. This year indicates the 25th year of commemorating the cases of the desaparecidos.

The campaign against enforced disappearance should involve everyone. The feeling of insecurity spawned by enforced disappearance is not limited to the close relatives of the disappeared, but it also reaches the communities to which the disappeared person belongs and the society as a whole. Government agencts involved in such disappearances should be held accountable for their misdeeds.

EDITORIAL

Self-serving officials

The surest way to kill any attempt to amend the Constitution in this country is to include an agenda for extending terms of office. But this hasn’t stopped congressmen from admitting that they are pursuing plans to extend their terms from three years to five by amending the Constitution.

As any constitutionalist knows, any change in the basic law of the land, through whatever mode, requires ratification by the people. By now public officials should have learned, from previous attempts to amend the Constitution, that any hint of a self-serving agenda kills public support for a Charter change initiative.

The fear of having public officials — the president in particular — believing that they are entitled to serve for life can be traced to the national trauma from Ferdinand Marcos’ attempt to hang on to power forever. That fear prompted framers of the Constitution to impose that single six-year term for the president as well as set term limits for other elective officials.

Politicians learned to go around this constitutional provision, making their spouses and children take over their posts at the end of their term and thus perpetuating political dynasties. But there is no guarantee of continuing the family business in every election.

Some, if nor most congressmen want the certainty of a term extension through a constitutional amendment. At least the House members cannot be accused of having a hidden agenda in Charter change. But their candor can only intensify public opposition to Cha-cha.

Speculation that Cha-cha is meant chiefly to allow President Arroyo to hang on to power beyond 2010 has already set back peace negotiations with the Moro Islamic Liberation Front.

It has also muddled debates on the merits of shifting to a federal system of government. There are several provisions in the Constitution that if amended can boost the economy and the country’s competitiveness. But these needed amendments cannot materialize unless politicians can put their self-serving agenda in the backburner.

Editorial

Illegal drugs and cops

The alleged involvement of police officers in the recent discovery and subsequent raid on a large shabu factory in Naguillan, La Union is a testimony to the fact that some lawmen, not only in the Ilocos Region but nationwide are involved in illegal drugs.

In the Cordillera, Philippine Drug Enforcement Agency Director General Dionisio Santiago has also ordered an independent investigation on possible involvement of a former police chief of Kapangan town in Benguet on disappearance of many marijuana bricks seized last June.
Initial investigation reports bared a certain Robert Baludda, an alleged drug trafficker operating in Benguet and La Union, yielded at least 100 marijuana bricks weighing 100 kilos when he was nabbed second week of June.

Baludda was reportedly released an hour later allegedly in exchange for a promise to repair the kitchen of the Kapangan police station. Benguet board member Rogelio Leon, a former mayor of Kapangan, initiated an investigation that reportedly found out policemen had reported they only seized 40 bricks or 40 kilos of marijuana bricks.

Kapangan police, however, denied the allegations making Cordillera police director Chief Supt. Eugene Martin to order an investigation after Capela and six other policemen were relieved from their posts a week ago. Derreck Carreon, spokesman of the PDEA national headquarters, said they were also conducting their own “careful investigation” on the missing marijuana bricks.

Who has the bricks? It is a dismay, but it is also a fact that law enforcers have been involved in crimes like the drug trade. If the number of addicts is rising in northern Luzon, it is because of the tolerance or involvement of police officers themselves in the lucrative but illegal business.

EDITORIAL

Funding projects for watershed protection in the Cordillera
Watersheds in the Cordillera play a pivotal role in the country’s current effort to attain food security and energy self-sufficiency. This was the statement of Bukidnon (2nd district) Rep. Teofisto Guingona III during a recent visit in Baguio as he assured support of the opposition block in the House of Representatives to allocate more funds for the preservation and protection of critical watersheds in the region.

Earlier, the Cordillera Regional Development Council expressed support for a request by the National Irrigation Authority office in the Cordillera for the national government to allocate substantial amount for its five-year watershed rehabilitation and management program aimed at saving the over 6,000 hectares of critical watersheds from further devastation.

While admitting that the minority in the House could voice out its concerns on sensitive issues affecting food and energy security, Guingona said allocation of funds still depends on the decision of the majority although watershed rehabilitation and management should be the concern of all lawmakers belonging to both the opposition and administration because it is the lifeblood of the country’s agriculture sector.

Aside from strengthening the government’s watershed rehabilitation program, Guingona cited the importance of increasing the salaries of forest rangers so that they would not be forced to be tempted by the bribe offers of illegal loggers.
Cordillera RDC and NIA officials have made press statements saying they have embarked on projects to rehabilitate the region’s devastated forest cover which resulted in significant decrease of the water flowing in the four major rivers supplying irrigation water to vast track of agricultural lands in the lowland.

The Agno, Chico, Magat and Abra Rivers trace their headwaters to Mt. Data and Mt. Pulag national parks which are now being rapidly invaded by unscrupulous individuals who have established big commercial farms in forested areas. Abundant water supply would result in increased crop production in vast tracks of agricultural lands in the rice-producing areas of Northern Luzon.

This, in turn, could ensure sufficient production that could meet the growing demand for rice and other farm products. The Cordillera has been described as the "Watershed Cradle of Northern Luzon" because it is the major source of water supplying small and big power plants as well as irrigation water for farms in Regions I, II and III.

It is high time Cordillera watersheds should be protected from illegal loggers and rapacious farmers who have squatted on such areas claiming these as their lands and cutting trees which are vital in sustaining the ecological system. The government should show more teeth in implementing programs to protect the environment other than paying lip service.

Editorial

Close watch, transparency needed on P3.5-B forest fund

The implementation of projects to be funded with the P3.5-billion reforestation fund promised by President Arroyo in her eighth State-of-the-Nation Address should be strictly monitored to ensure that the appropriation will be properly utilized.

Environment and agriculture stakeholders in the Cordillera have observed that billions of pesos set aside as reforestation funds in the past were mishandled by concerned government agencies. As a result, they said, most of the country’s forests and watersheds are now in bad shape.

The President announced the availability of P2 billion for reforestation projects and P1.5 billion for agro-forestry undertakings. These amounts are expected to revitalize the devastated forests and provide additional sources of livelihood for farmers.

However, the stakeholders in the region said the funds should be handled by two or more agencies and should be spent in accordance with a sustainable inter-agency program for the reforestation of watersheds in different parts of the country.

In the Cordillera, the Regional Development Council and the National Irrigation Administration have been advocating for watershed rehabilitation and management because of the alarming condition of Cordillera mountain ranges which are being exploited by unscrupulous individuals.

If the Cordillera RDC wants to have a piece of the pie, it should also advocate transparency and judicious use of the funds. As of this time, the RDC hasn’t yet reported or made an accounting to the public how it made use of the P15 million fund for information purposes in pushing regional autonomy.

EDITORIAL

Providing public transport through conversion of vehicle engines to LPG

The national government is now being urged by concerned sectors to subsidize conversion of diesel engines into LPG-run machines to help jeep and taxi operators and drivers cope with high oil prices which had adversely affected their operations.

According to Perfecto Itliong Jr., coordinator of the Public Transport Affairs Office in the Cordillera, conversion of diesel engines into LPG-fed machines is very expensive. While admitting that a good number of jeep and taxicab operators are contemplating on converting their diesel engines into LPG-run engines, he said the over P200,000 needed for the change is beyond their financial capability.

For this reason, he said the government should come out with a viable package to assist the operators. At present, LPG (liquefied petroleum gas) costs P35 per liter, much lower than the P63 per liter of gasoline and P58 per liter of diesel. In Baguio alone, hundreds of gasoline-fed taxi units have reportedly been converted into LPG-fed vehicles and are earning reasonable income.

He admitted continuous rise in the prices of fuel oil in the world market has greatly prejudiced their operations with the minimal fare increase not sufficient to cover the increased cost of petroleum products.

Taxicabs reportedly use 35 liters of auto gas for a maximum period of 36 hours in Baguio with a full tank of gasoline is consumed in less than 24 hours. Despite the peculiar terrain in the city, LPG users said performance of their vehicles was the same as with the use of regular or high-octane oil products, noting the high combustion rating of auto gas.

The conversion of gasoline-fed vehicles into LPG-run machines costs between P28,000 and P35,000, but the conversion of diesel engines into auto gas costs over P200,000, according to the transport sector.

The mass transport sector is hit hard by the economic crisis, according to operators, so there is need for government to provide assistance, which would enable jeep and taxicab operators to continue serving the commuting public.

Observers have noted a significant decline in the number of jeepneys and taxicabs plying the streets and many operators and drivers have opted to temporarily stop operations. The reason cited was they could no longer making good income as their daily gross collections are eaten up by the high cost of gasoline.

According to operators, the recent fare increase granted by the Land Transportation Franchising Regulatory Board is not enough to cover operational expenses of vehicle owners in the Cordillera because of the region’s steep terrain. This, they said, is aggravated by the unabated increase in the prices of vehicle spare parts and maintenance cost.

There maybe merit in the operators’ complaints and request for subsidy, but how about the more marginalized sectors who need the money more in this time of hardship?

EDITORIAL

‘Diversion of cheap rice behind crisis’

The diversion of government-subsidized rice to rice-producing areas, particularly Isabela, is the main reason behind the shortage of rice in urban areas, which resulted to skyrocketing prices of the staple in the past several months.

This was the contention of local rice dealers and traders who challenged the National Food Authority to flood urban areas with cheap rice during the lean months as strategy to lower prices of commercial rice.

According to the dealers, the arrival of hundreds of tons of imported rice, traders was not felt by consumers prices of commercial rice remained at P37-P40 per kilo. The importation has not lowered the demand as well as the prices in the urban areas because the imported rice is reportedly being brought to rice-producing areas where it is mixed with commercial rice.

Admitting there was slight decline lately in prices of commercial rice, dealers said prevailing prices are still high as the selling price of one cavan of commercial rice is more than P1,200 which, based on conservative estimates, is the right price.

Ironically, imported rice which is first shipped to rice-producing areas is allegedly being mixed by unscrupulous millers with commercial rice, and the resulting mixture is sold at the prices of commercial rice in urban areas.

Dealers and traders have urged the NFA to stop the diversion and flood urban centers with government-subsidized imported rice. They said this would force commercial rice traders to lower prices and ease burden of people groaning over high prices of food.

Aside from flooding the market with rice to stabilize the prices, dealers also called on the national government to invest heavily in irrigation facilities and lower the prices of farm inputs to enable the farmers to have reasonable profit.

Because of the unattractive income in rice growing, they said, farmers are tempted to sell their lands to developers who convert farms into other purposes. The farmers said the P500 per hectare fertilizer subsidy is not an effective solution to the problem because the subsidy is given only on a one-time basis.

With more income that could come as a result of increased productivity enhanced by irrigation and lower prices of farm inputs, the farmers said, they would no longer be tempted to sell their lands to subdivision developers and would stick to farming as their livelihood. Are concerned government agencies listening?

EDITORIAL

GSIS taking over P3.5 billion motor vehicle insurance, a boon or a bane?

Whether it is a boon or a bane remains to be seen but the Government Service Insurance System is set to handle the country’s P3.5-billion motor vehicle insurance business after a Makati Regional Trial Court lifted the injunction order on a previous ruling issued by the transportation department.

The Department of Transportation and Communications earlier ordered the implementation of an integrated motor vehicle insurance scheme, which was blocked by private insurance companies that filed a petition in court.

Judge Cesar Santamaria of the Makati RTC Branch 145, however, issued an order dated June 24 dismissing the petition and denying the motion for partial reconsideration filed by the Philippine Insurers and Reinsurers Inc. With the lifting of the injunction, GSIS is now set to take over the P3.5-billion motor vehicle insurance business as ordered by the DOTC.

Under the order, the issuance of compulsory third party liability (CTPL) insurance policies would be integrated with the Land Transportation Office’s motor vehicle registration system.

The CTPL is a mandatory insurance for all owners of motor vehicles. It carries a P100,000 insurance coverage for death or injuries that may result from vehicular accidents. Costing P560 for private cars, a CTPL may be a small sum but since there are 5.5 million vehicles in the country today, the business reaches more than P3.5 billion every year.

The new arrangement calls for the automatic issuance of CTPL insurance policies by LTO District Offices. Under the plan, GSIS through the publicly held National Reinsurance Corp. of the Philippines would provide the insurance coverage. GSIS president and general manager Winston Garcia said the pension fund expects to implement the integrated scheme soon.

The order, according to Garcia, has already been lifted and “there would be no hindrance in the implementation of the new CTPL scheme at the soonest possible time.” He said registrants would only have to go to the LTO instead of dealing with 120 or more insurance companies.

Industry sources said Transportation Secretary Leandro Mendoza already met with GSIS officials as well as the Insurance Commission and Stradcom last week to sign a memorandum of agreement putting the CTPL insurance of all 5.5 million vehicles in the country under the GSIS.

PIRA said it would file a motion for reconsideration of the Makati RTC ruling. Michael Rellosa, PIRA board member, said that the insurance firms believed that their petition had not been decided on its merits and was only dismissed on a mere technicality. Garcia says, with the vehicle insurance business under the government, fixers would be eliminated.

But to the pessimistic public reeling from a series of corruption charges against top government officials reaching all the way to Malacanang, this remains to be seen.

EDITORIAL

Probe needed on involvement of DENR officials on illegal titling of watersheds

It is high time officials of the Dept. of Environment and Natural Resources among other officials involved in the illegal issuance of individual land titles and approval of surveys on watershed areas of Mountain Province like Mt. Data should be investigated. But the investigation should be done by a multi-sectoral body to erase suspicions that if it would only be the DENR doing the probe, there would be a whitewash.

The provincial peace and order council also earlier requested a congressional investigation on the issue with provincial officials saying they were willing to go to Manila to have an audience with DENR secretary Lito Atienza who could initiate the probe. But then again, House and Senate investigations have been touted “in aid of legislation cum grandstanding,” Dalog has called on provincial DENR chief Peter Osbucan and Cordillera regional director Samuel Peñafiel to schedule the meeting but to date the two officials have reportedly not given a time schedule.

Dalog had instructed his staff to look into the problem particularly basis of issuance of land titles considering that 82 percent (166 hectares out of 201 hectares} of surveyed lots are outside the alienable and disposable area. Penafiel was quoted as saying his office was also investigating the issue and that he would “urge the Solicitor General to file a class suit should we find it illegal.

This is all what we could do for now because unless the titles issued are revoked, the recipients remain to be the owners of the land.” The alleged illegal titling of lots near the Mount Data watershed came to fore when residents of Barangay Dacudac in Tadian, on August 5, 2004, planted trees on an area they claimed as part of the community’s watershed only to be sued for illegal entry and damage to property by a certain Delson Palid.

In one of the court hearings, Palid produced a title to prove ownership over the land and dispute the claim of Dacudac residents that the area was communal property. A year after the incident, provincial government employees assigned to guard the Mount Data Hotel were also charged for theft by some gardeners when they captured rolls of plastic water hose tapped in one of the creeks which supplies water to nearby communities. The provincial government offered to build a water reservoir to supply gardeners and community people but was refused by the vegetable farmers.

This remedial measure was suggested by the provincial health office to avoid water pollution partly caused by people who frequent the area to tap and fix their water hoses. The uncooperative stance of some parties to possible solutions that benefit gardeners and nearby communities prompted Tadian officials to ask the help of the PPOC which made a resolution requesting secretary Atienza to revoke the land titles and the survey of lots outside the alienable and disposable section.

A copy of the completed survey and list of land claimants furnished to the office of the governor said some titled lots were timberlands and mossy forests with only small patches being utilized as vegetable farms.

Added to these, the municipality of Mankayan, Benguet has laid claim on at least 69 lots with a total area of more or less 532,128 square meters as manifested on the list despite the question of whether the area was part of Tadian or Mankayan. An investigation on all these by a multi-sectoral group should settle the issues involved wherein guilty parties should be held to account for their misdeeds.