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2 SC rulings forewarn ‘alalays’ in corruption

2 SC rulings forewarn ‘alalays’ in corruption

by | Apr 12, 2023 | Gotcha

PNA photo of Romulo Neri

GOTCHA

written on November 19, 2021

 

 

 

Romulo Neri, former National Economic and Development Authority director general, has lost all leave credits and retirement benefits from the government. He is now barred from public service.

The Supreme Court recently upheld the Ombudsman’s findings of sleaze in the 2007 national broadband network project with China’s ZTE Corp. Neri’s “grave misconduct” was affirmed, and the Court of Appeals verdict of “simple misconduct” reversed.

“The elements of corruption and clear intent to violate the law are quite patent,” the SC Third Division ruled. “(Neri) actively brokered for ZTE’s bid by using his public position despite knowing the corruption involved in the project. There is no cogent reason to justify the lowering of liability to simple misconduct.”

“Petitioner Neri is dismissed from service,” wrote Justice Marvic Leonen, division chairman. “(This) includes the necessary penalties of cancellation of eligibility, forfeiture of leave credits and retirement benefits, and perpetual disqualification from reemployment in the government service.”

The verdict dated July 5 was publicized last week. Justices Ramon Paul Hernando, Henri Jean Inting, Ricardo Rosario and Jhosep Lopez concurred.

Neri had introduced whistle-blower Rodolfo Lozada Jr. to then-Comelec chairman Benjamin Abalos. The CA found Abalos “highly interested in pursuing a telecommunications project with the government” under then-president  Gloria Macapagal-Arroyo.

Lozada prepared the NBN-ZTE technicals. Neri next processed the approval amid allegations of a P200-million bribe offer from Abalos. Finding misconduct, the Ombudsman in 2009 suspended Neri for six months without pay. While Neri did not solely approve the deal, he “was deemed to have mediated – through the NEDA – between Abalos and ZTE.” Deemed improper were Neri’s attendance in conferences and golf games hosted by ZTE execs and Abalos.

Abalos and Arroyo were indicted for graft at the Sandiganbayan. They were acquitted in May and September 2016, respectively. Dismissed were testimonies of P10-billion kickback in the P17-billion project, and in Abalos and Arroyo’s lunches and golfing at ZTE’s Shenzhen headquarters while the deal was being processed. Arroyo was NEDA chairman and Neri the vice.

Before joining the Arroyo Cabinet Neri was head of the powerful Congressional Planning and Budget Office under three successive House Speakers.

The Anti-Money Laundering Council has been ordered to divulge bank transactions related to the 2009 sale of used, overpriced helicopters as brand-new to the Philippine National Police. The AMLC records are pertinent to the Sandiganbayan case that former first gentleman Mike Arroyo owned the aircraft.

The AMLC had twice refused the Sandiganbayan order to open its files, and ran to the SC. The Third Division dismissed the agency’s petition, seeing no abuse of discretion by the Sandiganbayan.

“Instead of avoiding compliance with the subpoena, [AMLC] must firmly perform its mandate as an investigatory body and independent financial intelligence unit,” Justice Leonen ruled. Justices Hernando, Inting, Edgardo delos Santos and Lopez agreed with the February verdict released last week.

On trial at the Sandiganbayan are Arroyo and several police generals. Lionair president Archibald Po testified that Arroyo purchased five choppers from him in 2003-2004. He was instructed in 2009 to transfer two units to Manila Aerospace Trading Products, he swore. From records, Maptra then offered the second-hand choppers to the police. Arroyo denied any part.

Po said Arroyo deposited partial payment to Lionair’s account with Union Bank. To verify these, the Office of the Special Prosecutor presented a bank official. The latter said that since the account was closed in 2006 and the files discarded, the Sandiganbayan can seek recourse with the Bangko Sentral or AMLC. On the OSP’s request, the Sandiganbayan ordered AMLC Executive Director Julia Bacay-Abad to open the records. Po waived the right to secrecy of Lionair’s account under the Foreign Currency Deposit Act.

The AMLC twice moved to quash the subpoena. The Sandiganbayan rejected the motions, prompting AMLC to go to the SC.

The AMLC argued that “it is prohibited by law to disclose the relevant bank records of Lionair … (because) confidential.” Cited was Section 9(c) of the Anti-Money Laundering Act, that “Financial institutions and their officers be prohibited from disclosing covered and suspicious transaction reports, or ‘tipping-off’ that a case is being filed.”

The SC found the claim untenable, saying the AMLC is not among the institutions covered by the ban. AMLC is “not merely a repository of reports and information.”

“It would be antithetical to its own functions if (AMLC) were to refuse to participate in prosecuting anti-money laundering offenses by taking shelter in the confidentiality provisions of the Anti-Money Laundering Act,” the SC added. More so since Lionair submitted a written permission to open its accounts.

Sinovac safety efficacy and price still need clarifying

Sinovac safety efficacy and price still need clarifying

* * *

Catch “Sapol” radio show, Saturdays, 8-10 a.m., dwIZ (882-AM)

            “Gotcha: An Exposé on the Philippine Government” is available as e-book and paperback. Get a free copy of “Chapter 1: Beijing’s Bullying and Duplicity”. Simply subscribe to my newsletter HERE. Book orders also accepted there.

Sinovac safety efficacy and price still need clarifying

Manchurian candidates targeting four highest posts

Manchurian candidates targeting four highest posts

by | Apr 11, 2023 | Gotcha

PNA photo of President Duterte (left) and Bongbong Marcos (right)

GOTCHA

written on November 17, 2021

 

 

 

China’s communist rulers must be pleased. Manchurian candidates are gunning for the Philippines’ four highest positions. The collaborators squabble, usual in clan politics. If elected, they will do Beijing’s bidding – surrender Filipino resources. A united Opposition can thwart China agents.

Successor wannabe Bongbong Marcos hails President Duterte’s China appeasement as “the right way.” He will disarm the Navy and Air Force. Supposedly futile is to buy sea and aircraft because China can crush those in a week’s war. Defeatist, he will deprive sailors and airmen the means to patrol Philippine waters and airspace – the easier for China to steal fish, reefs, oil and gas.

Treason is in the Marcos blood. Guerrillas executed his grandfather for colluding with Japanese invaders. After fighting in Bataan, his father sold scrap metal to the enemy, and after Liberation tried to collect war reparations from America. Marcos Sr.’s war medals are bogus, wangled from President Diosdado Macapagal as political quid pro quo. (“Endless Journey: A Memoir,” Jose T. Almonte as told to Marites D. Vitug, Cleverheads) No records exist of Marcos’ “heroism” in the annals of the United States Armed Forces in the Far East.

Bongbong has special ties to the Chinese embassy. He was the only presidential candidate invited to its recent photo exhibit. He hosted in a home luncheon a huge delegation of the Chinese Communist Party. Fujian-based troll farms propagandize his election campaign online.

Bong Go is Duterte’s clone. He will only continue his boss’ “verbal pact” with Xi Jinping for Chinese to poach in the West Philippine Sea, unlimited extent, duration and tonnage.

The fruit does not fall far from the tree. Sara Duterte was mesmerized by Gloria Macapagal-Arroyo to slide down to VP. Blood will rebond Daughterte with the father who needs protecting from the ICC hangman’s noose for “mass murder.”

Duterte’s trillion-peso resources as President can win a Senate seat. As Senate president, he not only can retain crony deals but also facilitate treaty ratifications for China.

GMA is the original China stooge as president in 2001-2010. She broke the Constitution five ways for the 2004 Joint Marine Seismic Undertaking with Beijing. Then she took dirty Chinese loans for the North Rail and NBN-ZTE (exposed in Gotcha in 2007). One-sixth of the seabed survey was in the Palawan territorial sea; the rest in the exclusive economic zone. She conceded those as “disputed waters.” With the JMSU findings, Beijing in 2009 filed a claim with the United Nations over the entire South China Sea. Manila never got a copy of the report despite its $5-million contribution.

Lusting to retake the House speakership, GMA can revive sleaze. The ZTE scam contained a P10-billion kickback, higher than the P7-billion national broadband network. In exchange, GMA unconstitutionally granted shell ZTE Intl Corp. gold mining rights in Mount Diwalwal and North Davao. (Her environment secretary then is now the Manchurian candidate for Quezon City mayor, with a wealthy Manchurian candidate for congresswoman, the wife of a Chinese online gambling operator.)

Wrangling is normal among collaborators. During the Japanese Occupation, they fought each other for General Yamashita’s favors.

In the first post-War Philippine election, repackaged puppets did not intend to lift the country from the ashes. Two moneyed presidential-senatorial tickets of traitors slugged it out for the blessings of the returned General MacArthur. Marginalized were guerrillas who sought national and local offices. (“Kulaboretor! The Issue of Political Collaboration During World War II,” Prof. Augusto V. de Viana, UST Publishing)

No different was the indio factionalism for gobernadorcillo (town mayor) in the last two decades of Spanish rule. (“A Past Recovered,” Glenn Anthony May, New Day) As well, the shifting loyalties of mestizo lackeys from Spain to the Katipunan then to America, 1896-1902.

Today, Beijing’s commissars brag to have influenced the 2016 Philippine election, former foreign secretary Albert del Rosario quotes a New York Times source. He says: “Another six years of our country run by candidates under the thumb of China would be catastrophic. These Manchurian Candidates will deploy full power and money for the 2022 elections. If elected, they will rot the soul of our nation and undermine its pilars.”

As patriotic duty, Opposition candidates must discard personal ambition and unite to avert that.

Sinovac safety efficacy and price still need clarifying

Sinovac safety efficacy and price still need clarifying

* * *

Catch “Sapol” radio show, Saturdays, 8-10 a.m., dwIZ (882-AM)

            “Gotcha: An Exposé on the Philippine Government” is available as e-book and paperback. Get a free copy of “Chapter 1: Beijing’s Bullying and Duplicity”. Simply subscribe to my newsletter HERE. Book orders also accepted there.

Sinovac safety efficacy and price still need clarifying

Malampaya deal: China entry in gas field feared

Malampaya deal: China entry in gas field feared

by | Apr 11, 2023 | Gotcha

PNA photo of Malampaya gas field

GOTCHA

written on November 12, 2021

 

“With Dennis Uy now in Malampaya gas field, can China be far behind?” That remark by Filipino-American lawyer Rodel Rodis illustrates the bully neighbor’s threats to Philippine energy security.

Malampaya in offshore Palawan supplies one-fourth of Luzon’s electricity. The Davao City tycoon recently bought 90 percent of its operations via two shell companies. Both are greenhorns in exploration and extraction. Rodis with two others have charged Uy, his Udenna Corp., Energy Secretary Alfonso Cusi and fellow officials with graft in the alleged “sweetheart deal.” Impleaded as well are oil giants Chevron and Shell for selling to Uy without government’s prior consent. Udenna denies any wrongdoing.

Underlying the criminal complaint is the fear that Uy will bring in a partner worrisome to Filipinos: China National Offshore Oil Corp.

CNOOC earlier partnered with Uy for a liquified natural gas terminal. It is lusting for the Recto Bank gas field less than a hundred kilometers from Malampaya.

Lying within the Philippines’ 200-mile exclusive economic zone, Recto Bank is believed to contain thrice more gas than Malampaya. China gunboats illegally surround the Bank. But CNOOC cannot just barge in to siphon off the gas. That would fire up Philippine and international outrage, like the resistance to CNOOC’s 2014 attempt to plant a giant oil rig in Vietnam’s Paracel Isles.

Malampaya, in particular its 500-kilometer gas pipeline to mainland Luzon, “is inextricably linked” to extraction from Recto or Reed Bank, says former Supreme Court justice Antonio Carpio. “Whoever owns the Malampaya gas pipeline has a leg up in the commercialization of the Recto Bank gas since the same pipeline will be used to deliver gas to Batangas.”

Manila’s contracted Recto Bank operator is Forum Energy. It has been unable to mine. In the past decade Chinese gunboats have rammed, machine-gunned and chased away Filipino survey vessels. Beijing illegally claims the entire South China Sea contrary to a 2016 international arbitral ruling.

In last month’s hearing of the Dept. of Energy’s 2022 budget, senators pointed up China’s play for Malampaya. Citing threat to national patrimony, Risa Hontiveros said the DOE must thoroughly review Udenna’s capabilities. Sherwin Gatchalian cautioned Cusi against a “midnight deal” of automatically extending the Malampaya service contract beyond expiration in December 2024. Despite Udenna’s entry, new public bidding must be held for service contractors to siphon remaining gas and oil beneath it, and “explore near-wells,” he explained Saturday in Sapol-dwIZ.

Petroleum geologist Eduardo Mañalac expects Udenna to partially sell to a company like CNOOC. “Taking over the rig personnel is not enough,” says the former president of Philippine National Oil Company and energy undersecretary. “Without any management expertise or industry contacts, it will need an expert partner.” Mañalac testified against Udenna’s buyout of Shell and Chevron before Gatchalian’s Senate energy committee.

Yesterday eight business groups called for continuing legislative inquiries in light of threats to energy and national security. Without naming Udenna, they said the “acquirer” would likely get operating partners since it “lacks expertise” and capital. “Government should scrutinize the buyer’s financial and technical capabilities and interests, and reserve, enforce and exercise its rights to block and invalidate transfers of shares and control disadvantageous to the Filipino people.” That was by Energy Lawyers Association, Financial Executives Institute, Filipina CEO Circle, Integrity Initiative Inc., Investment Houses Association, Makati Business Club, Philippine Women’s Economic Network and Women’s Business Council.

Business advisor Accuretti Systems analyzed in October 2020: “Dito Not Only a Telco Play but May also be a Beneficiary of South China Sea Exploration Resumption.” It referred to Uy’s entry into telecoms via Dito Telecommunity with state-owned China Telecom Corp. The newbie’s privilege to set up cell sites inside military camps has spurred fears of cyber-spying and sabotage. “China is not keen on giving up Recto Bank without participation in the exploration,” Accuretti said. “To solve the Chinese dilemma, it was proposed that Chinese state-owned companies be brought on board as partner in the Recto Bank exploration… Dennis Uy has been successful in bringing in the Chinese, particularly CNOOC.” In May 2019 CNOOC, PNOC and Uy’s Phoenix Petroleum agreed to engage in LNG and “future energy projects.”

China coastguards escort maritime militia trawlers to poach fish in the West Philippine Sea. Fearful of being shot and rammed, Filipino fishers are forced to shorelines, resulting in dwindled catch and high retail prices. Consumers buy imported galunggong, mackerel and sardines from China stolen from Philippine waters. CNOOC’s looming entry in Malampaya and Recto Bank has been likened to that irony. China will mine and sell Philippine gas to Filipinos at high rates.

*      *      *

Udenna says:

“No law requir(es) approval of transfer of shares of companies that have interest in Malampaya. Therefore, no party has the legal ability to rescind the Chevron and Shell transactions… (which) underwent strict bidding processes. The share sales were aboveboard and legal and pass[ed] thorough scrutiny by Philippine regulators, international lenders and the said private multinationals involved.”

Cusi says:

“The actions taken by the government in relation to the private transaction between Chevron, a multinational corporation, and Udenna are proper, legal and in furtherance of the best interests of the government. The decision taken regarding the exercise of the right to match should be taken against the backdrop of the restrictions imposed by various regulations on PNOC-EC as a government-owned and -controlled corporation, such as RA 9184 (Procurement Law) and RA 10149 (the GOCC Governance Law). In addition, the pandemic’s strain on government resources and allowed period under the Joint Operating Agreement (to exercise the right to match) were significant factors that limited the options, and ultimately prevented it from exercising its right to match.”

Sinovac safety efficacy and price still need clarifying

Sinovac safety efficacy and price still need clarifying

* * *

Catch “Sapol” radio show, Saturdays, 8-10 a.m., dwIZ (882-AM)

            “Gotcha: An Exposé on the Philippine Government” is available as e-book and paperback. Get a free copy of “Chapter 1: Beijing’s Bullying and Duplicity”. Simply subscribe to my newsletter HERE. Book orders also accepted there.

Sinovac safety efficacy and price still need clarifying

If united, Opposition can gun for 51% majority

If united, Opposition can gun for 51% majority

by | Apr 11, 2023 | Gotcha

Wikipedia photos of Ping Lacson, Isko Moreno, Leni Robredo, and Manny Pacquiao (left-right)

GOTCHA

written on November 10, 2021

 

Their own voter-preference surveys show it. The combined ratings of Ping Lacson, Isko Moreno, Manny Pacquiao and Leni Robredo is about 42 percent.

Most voters have made up their minds for president in May 2022. Less than 18 percent remains undecided, but weighing two candidates.

The highest rater of the four has 20 percent, at best. In the unlikely chance that one of the four gets all the undecided votes, s/he would still lose. The three others will split the votes of the Opposition. None of them will make it. The administration frontrunner will win by wide plurality.

The only way for an Opposition victory is to unite. And the time for that is now, when they still have options. By next week the door will close. By next month, they would be too far gone to give way to one among them. They would have recruited campaigners on the ground and in social media, firmed up support from local leaders and spent much personal savings and early contributions.

Official campaign period starts February. At that point spending momentum will drive the candidates. More than half of campaign spending is on media and outdoor advertising; transportation, food, billeting for barnstorming and staff salaries. The balance goes to precinct poll watching, anti-cheating and legal services on Election Day.

By then, the four would have gone their separate ways to sure defeat. They will be remembered in history as the Fantasizing Four.

But if the four unite and convince at least half of the undecided, then the Opposition can win. And that would be by at least 51-percent majority. Their statisticians can factor in the trends of turnouts, no-shows due to vote buying and terrorism, command votes and early absentee ballots.

The country needs a majority president. We have not had one since the 1986 snap presidential election.

Election 2022 has been likened to the first presidential balloting after the war. Last year’s pandemic lockdowns shrank the GDP to minus 9.5 percent. Twenty-seven million lost their livelihoods. Three-and-a-half million families still suffer hunger. And as the invader 80 years ago plundered the country’s food and resources for the War machinery, today’s Filipino collaborators are surrendering the nation’s wealth to a new foreign aggressor. The people need a leader to rise from the ashes.

A majority president will have the political capital for major reforms. Philippine patrimonial assets handed over to cronies need to be recovered. Plunderers must be prosecuted. Vigilante murders must be stopped. Partisans inserted in the judiciary and constitutional commissions need neutralizing. Thieving political dynasties must be disbanded. Pandemic response should shift from brute force and vitriol to science-based solutions and mass communication. The Constitution can be improved.

Separate internal focused-group discussions of the four Opposition parties elicit similar responses. Voters want a president who is matalino, malinis and kaisa natin. The highest leader must have vision, courage to shun temptation and fire the corrupt around him/her and be one with the people.

Ping, Isko, Manny and Leni possess those traits. Certain urgent programs can be their bases of unity. Higher budgets for nutrition and education will physically and mentally strengthen the youth – no more revision of history. Restoration of decency will revitalize society – no more cussing of God, which only brings misfortune and calamities. Non-negotiable is the defense of Philippine territory and sovereign rights in the West Philippine Sea. Whoever emerges as the common choice, the three can monitor for compliance.

Unifying requires sacrifice. Salvador “Doy“ Laurel gave up his presidential ambition and hoisted Cory Aquino for president against the dictator Ferdinand Marcos in 1986. He heeded the counsel of Jaime Cardinal Sin and Doña Aurora Aquino, mother of slain democracy icon Ninoy Aquino. It wasn’t an easy decision for sure; his core group was livid yet he bore it. Doy is now etched in history as the fulcrum who made Cory rise and Marcos fall.

There may be no one to counsel Ping, Isko, Manny and Leni today. All we can depend on is their conscience and love of country.

Sinovac safety efficacy and price still need clarifying

Sinovac safety efficacy and price still need clarifying

* * *

Catch “Sapol” radio show, Saturdays, 8-10 a.m., dwIZ (882-AM)

            “Gotcha: An Exposé on the Philippine Government” is available as e-book and paperback. Get a free copy of “Chapter 1: Beijing’s Bullying and Duplicity”. Simply subscribe to my newsletter HERE. Book orders also accepted there.

Sinovac safety efficacy and price still need clarifying

Uy’s $100 Malampaya firm now makes $1.15 M a day

Uy’s $100 Malampaya firm now makes $1.15 M a day

by | Apr 11, 2023 | Gotcha

PNA photo of Malampaya gas field

GOTCHA

written on November 5, 2021

 

Dennis Uy took over Malampaya gas field via a company with $100 capital. It now earns the Davao City businessman $1.15 million a day. Another Uy firm earlier entered Malampaya and also makes $1.15 million a day. The combined daily $2.3 million should be going to the government, had energy officials done their duty.

Those are the crux of a graft complaint against Energy Secretary Alfonso Cusi and Uy. Filed with the Ombudsman Oct. 18, the rap alleges that:

• Uy’s Malampaya Energy and UC Malampaya are financially, technically and legally unqualified – yet given unwarranted advantage.

• Cusi “grossly, inexcusably neglected” government’s right to match Uy’s offers to buy out Shell and Chevron’s 90-percent interest.

• “Conspiracy” among Cusi, other officials, Uy, Shell and Chevron injured the government.

Complainants are geologist Balgamel Domingo and Filipino-American lawyers Loida Nicolas Lewis and Rodel Rodis.

Udenna Corp., chaired by Uy and parent of the two firms, said Tuesday, “UC Malampaya is qualified to be the shareholder of the Chevron company, and in the future to become the shareholder of the existing operator via Malampaya Energy XP. We were awarded because of the depth of our understanding of the business – how it should be managed and how it can be rejuvenated.”

Cusi texted Gotcha: “Actions taken by the government [on] the private transaction between Chevron, a multinational corporation, and Udenna are proper, legal and in furtherance of the best interests of the government.” The Philippine National Oil Company-Exploration Corp., which Cusi chairs, was constrained by “restrictions imposed by… the Procurement Law and GOCC Governance Law… and the pandemic’s strain on government resources and allowed period under the Joint Operating Agreement (JOA) to exercise the right to match.”

Malampaya offshore gas field in northwest Palawan is the Philippines’ primary petroleum asset, says former PNOC president-CEO and energy undersecretary Eduardo Mañalac. Pumping gas to five power plants in Batangas, it supplies one-fourth of Luzon’s electricity. Operators Shell and Chevron each had 45-percent interest; PNOC-EC has ten. Their JOA will expire in 2024 although the well can be productive at least three more years. The two foreign giants repeatedly had asked the Dept. of Energy for extension till 2039; Shell sought renegotiations on Sep. 3, 2020.

Udenna subsidiary Malampaya Energy XP Pte Ltd. was registered in Singapore on Apr. 7, 2021. Paid-up capital was $100 (P5,000), Senator Sherwin Gatchalian cited the island-state’s Accounting and Corporate Regulatory Authority.

On May 20, 2021 Shell Petroleum NV announced the sale of its 45 percent to Malampaya Energy for $460 million. “To be completed by end-2021, it would be retroactively effective Jan. 1, 2021,” Shell said. “Capitalization of this company is only P5,000,” Gatchalian grilled Cusi in a July hearing of his Senate committee on energy.

Cusi doubted the figures, saying, “No, I do not think this is the capital, Mr. Chairman. I have to check this information that is being presented. Because definitely, with P5,000, they will not be allowed to borrow billions of pesos to fund the transaction.”

Gatchalian countered: “If we will be evaluating the buyer… the capitalization is P5,000. Obviously, this is a shell company, correct? And just like the Chevron deal, there is a parent company that will shoulder all the expenses.”

Dennis Uy took over Malampaya gas field via a company with $100 capital. It now earns the Davao City businessman $1.15 million a day. Another Uy firm earlier entered Malampaya and also makes $1.15 million a day. The combined daily $2.3 million should be going to the government, had energy officials done their duty.

Those are the crux of a graft complaint against Energy Secretary Alfonso Cusi and Uy. Filed with the Ombudsman Oct. 18, the rap alleges that:

• Uy’s Malampaya Energy and UC Malampaya are financially, technically and legally unqualified – yet given unwarranted advantage.

• Cusi “grossly, inexcusably neglected” government’s right to match Uy’s offers to buy out Shell and Chevron’s 90-percent interest.

• “Conspiracy” among Cusi, other officials, Uy, Shell and Chevron injured the government.

Complainants are geologist Balgamel Domingo and Filipino-American lawyers Loida Nicolas Lewis and Rodel Rodis.

Udenna Corp., chaired by Uy and parent of the two firms, said Tuesday, “UC Malampaya is qualified to be the shareholder of the Chevron company, and in the future to become the shareholder of the existing operator via Malampaya Energy XP. We were awarded because of the depth of our understanding of the business – how it should be managed and how it can be rejuvenated.”

Cusi texted Gotcha: “Actions taken by the government [on] the private transaction between Chevron, a multinational corporation, and Udenna are proper, legal and in furtherance of the best interests of the government.” The Philippine National Oil Company-Exploration Corp., which Cusi chairs, was constrained by “restrictions imposed by… the Procurement Law and GOCC Governance Law… and the pandemic’s strain on government resources and allowed period under the Joint Operating Agreement (JOA) to exercise the right to match.”

Malampaya offshore gas field in northwest Palawan is the Philippines’ primary petroleum asset, says former PNOC president-CEO and energy undersecretary Eduardo Mañalac. Pumping gas to five power plants in Batangas, it supplies one-fourth of Luzon’s electricity. Operators Shell and Chevron each had 45-percent interest; PNOC-EC has ten. Their JOA will expire in 2024 although the well can be productive at least three more years. The two foreign giants repeatedly had asked the Dept. of Energy for extension till 2039; Shell sought renegotiations on Sep. 3, 2020.

Udenna subsidiary Malampaya Energy XP Pte Ltd. was registered in Singapore on Apr. 7, 2021. Paid-up capital was $100 (P5,000), Senator Sherwin Gatchalian cited the island-state’s Accounting and Corporate Regulatory Authority.

On May 20, 2021 Shell Petroleum NV announced the sale of its 45 percent to Malampaya Energy for $460 million. “To be completed by end-2021, it would be retroactively effective Jan. 1, 2021,” Shell said. “Capitalization of this company is only P5,000,” Gatchalian grilled Cusi in a July hearing of his Senate committee on energy.

Cusi doubted the figures, saying, “No, I do not think this is the capital, Mr. Chairman. I have to check this information that is being presented. Because definitely, with P5,000, they will not be allowed to borrow billions of pesos to fund the transaction.”

Gatchalian countered: “If we will be evaluating the buyer… the capitalization is P5,000. Obviously, this is a shell company, correct? And just like the Chevron deal, there is a parent company that will shoulder all the expenses.”

Sinovac safety efficacy and price still need clarifying

Sinovac safety efficacy and price still need clarifying

* * *

Catch “Sapol” radio show, Saturdays, 8-10 a.m., dwIZ (882-AM)

            “Gotcha: An Exposé on the Philippine Government” is available as e-book and paperback. Get a free copy of “Chapter 1: Beijing’s Bullying and Duplicity”. Simply subscribe to my newsletter HERE. Book orders also accepted there.

Sinovac safety efficacy and price still need clarifying

6 ways to secure electronic voting

6 ways to secure electronic voting

by | Apr 11, 2023 | Gotcha

PNA photo of vote counting machine testing

GOTCHA

written on October 29, 2021

 

Fourteen years since passage, the 2007 Automated Election System Law has no implementing rules and regulations. The Comelec only issued resolutions for balloting in 2010, 2013, 2016 and 2019.

The resolutions were disparate, specific to exigencies. Not a few were contradictory stopgaps. Absent were experts’ inputs from other agencies and the public that the Administrative Code requires. Mistakes were inevitable, some even breaking the very AES Law.

Examples: In April 2016 Comelec had to replace a two-month-old resolution. That was after the Supreme Court ordered it to enable the vote verification feature of the counting machines. In 2010 Comelec deactivated the digital signature system of precinct inspectors. It was a direct breach of the law’s section on authenticating precinct results for electronic transmission to canvassing centers.

Also in 2016 Comelec forbade cameras, cellphones and other image capturing devices inside precincts. That contravened the provision allowing any person to view and photograph election returns and certificates of canvass. Partially correcting itself in 2019, Comelec allowed poll watchers to take pictures of proceedings and incidents during machine testing and sealing, vote counting, transmission and printing of precinct returns.

Two election watchdogs pointed out these issues recently to Comelec commissioners. With only six months till Election Day, it may be impossible to craft IRRs. The Network for Justice and Compassion (NetJC) and the Tagapagtanggol ng Watawat Inc. (TNWI) proposed six ways to make Election 2022 fair, honest and transparent. One Comelec resolution can incorporate the proposals gathered from public consultations:

• Expand to all citizens, not only to poll watchers, the option to photograph election returns and certificates of canvass. The AES Law upholds such right.

• Install a virtual tally board per precinct. That will assure that the votes in the receipt – or voter verifiable paper audit trail – do not just reflect the voters’ choices but are actually counted. At present the machine only spits out the VVPAT for the voter to check that his choices were actually registered, but he cannot know if counted after dropping it into the receipt box.

• The Random Manual Audit should be done publicly immediately after polls close. RMA guidelines should be published well beforehand, and the random selection of precincts be public too. The RMA is an accuracy check of the counting machines. In 2019 one precinct per congressional district or city was chosen for audit. In Metro Manila it was done several days after the balloting. Doubts arose about where the ballots were stored and if secured at all.

• Clarify the secure communication channels to be used along with authentication and codification procedures in electronic transmission of precinct results to canvassing centers. Comelec must consider all interested watchdogs to be given access to all system logs. That can guarantee integrity and transparency of transmission up to the National Board of Canvassers and its disaster recovery sites. Section 7 of the AES Law, amended by R.A. No. 9369, requires all electronic transmissions to have secure communication channels as recommended by the Comelec Advisory Council.

• Allow teachers serving as election inspectors and canvassers to change the individual identification codes that Comelec initially assigns to them. This is like keying in a personal identification number after the bank generates a temporary one. Three hundred thousand teachers will be given the codes as digital signatures in transmitting the results. The Philippine National Public Key Infrastructure will issue the codes under agreement among the Comelec, Dept. of Education and Dept. of Information and Communication Technology.

• Prepare and publish a continuity plan in case of system breakdown or disaster. Lack of such plan at present creates a huge gap or disruption in the balloting chain. Various Comelec resolutions only provide contingencies for failure of counting machines and consolidation-canvassing system. But there is none for the transparency server, national canvassing servers and other processing servers. Section 13 of the law states: “The AES shall be so designed to include a continuity plan in case of a systems breakdown or any such eventuality which shall result in the delay, obstruction or non-performance of the electoral process.”

NetJC trustee Atty. Ronaldo Reyes and TNWI trustees Arnel Victor Valeña and Marlon Anthony Tonson sent the six proposals last Oct. 1. Addressees: Comelec chairman Sheriff Abas and commissioners Rowena Guanzon, Socorro Inting, Marlon Casquejo, Antonio Kho Jr. and Aimee Ferolino.

Invited by Senator Risa Hontiveros to the Comelec’s 2022 budget hearing, they held initial discussions on Oct. 19.

Sinovac safety efficacy and price still need clarifying

Sinovac safety efficacy and price still need clarifying

* * *

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Sinovac safety efficacy and price still need clarifying

Site Terms & Conditions (scroll down for the buttons)

This site, jariusbondoc.com, is free for your use.

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I. PRIVACY POLICY

This privacy policy (“policy”) will help you understand how jariusbondoc.com uses and protects the data you provide to us when you visit and use https://jariusbondoc.com/ (“website”, “service”).

We reserve the right to change this policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.

 

What User Data We Collect

When you visit the website, we may collect the following data:

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Why We Collect Your Data

We are collecting your data for several reasons:

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Safeguarding and Securing the Data

jariusbondoc.com is committed to securing your data and keeping it confidential. jariusbondoc.com has done all in its power to prevent data theft, unauthorized access, and disclosure by implementing the latest technologies and software, which help us safeguard all the information we collect online.

 

Our Cookie Policy

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The data we collect by using cookies is used to customize our website to your needs. After we use the data for statistical analysis, the data is completely removed from our systems.

Please note that cookies don’t allow us to gain control of your computer in any way. They are strictly used to monitor which pages you find useful and which you do not so that we can provide a better experience for you.

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Restricting the Collection of your Personal Data

At some point, you might wish to restrict the use and collection of your personal data. You can achieve this by doing the following:

 

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jariusbondoc.com will not lease, sell or distribute your personal information to any third parties, unless we have your permission. We might do so if the law forces us. Your personal information will be used when we need to send you promotional materials if you agree to this privacy policy.

 

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If you wish to use jariusbondoc.com content for commercial purposes, such as for content syndication etc., please contact us at jariusbondoconline@gmail.com.

Links to Websites other than those owned by jariusbondoc.com are offered as a service to readers. The editorial staff of jariusbondoc.com was not involved in their production and is not responsible for their content.

 

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  1. ACCESS AND AVAILABILITY OF SERVICE AND LINKS

 

4.1 jariusbondoc.com contains links to other related World Wide Web Internet sites, resources, and sponsors of jariusbondoc.com. Since jariusbondoc.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

 

  1. REPRESENTATIONS AND WARRANTIES

 

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5.2 jariusbondoc.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

 

  1. COMMUNICATIONS BETWEEN JARIUSBONDOC.COM AND MEMBERS

 

6.1 If you indicate on your registration form that you want to receive such information, jariusbondoc.com, its owners and assigns, will allow certain third party vendors to provide you with information about products and services.

 

6.2 jariusbondoc.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

 

6.3 jariusbondoc.com reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share information about you only if you indicate your acceptance. For more information please read the Privacy Policy of jariusbondoc.com.

 

6.4 jariusbondoc.com may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Website and existing or prospective products and services. This information will be used to improve our Website and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.

 

  1. TERMINATION

 

 

7.1 jariusbondoc.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.

 

  1. MISCELLANEOUS

 

8.1 This Agreement has been made in and shall be construed and enforced in accordance with the Republic of the Philippines law. Any action to enforce this agreement shall be brought in the courts located in Manila, Philippines.

 

8.2 Notwithstanding any of the foregoing, nothing in this Terms of Service will serve to preempt the promises made in jariusbondoc.com Privacy Policy.

 

8.3 Correspondence should be sent to jariusbondoconline.com.

 

8.4 You agree to report any copyright violations of the Terms of Service to jariusbondoc.com as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the jariusbondoc.com service, please notify jariusbondoconline.com. This Terms of Service was last updated on November 7, 2020.