A Craving for Nicotine

BACACAY, Albay—Aside from their sudden and phenomenal rise in popularity, United States President Barack Obama and Liberal Party standard bearer Senator Benigno “Noynoy” Aquino III also have another thing in common: They were both slammed for their smoking habit.

During the campaign en route to the presidency, Obama was frequently seen chewing Nicorette gums, which help minimize cravings for nicotine. He also admitted to smoking up to 5-6 cigarettes per day.

In one interview, Obama said he has been trying to quit since at least 2006, when Michelle Obama made it clear she would not support her husband’s presidential run unless he stopped smoking.

He said he had kicked the habit, but “there are times where I have fallen off the wagon.”

And, just like Obama, Aquino is still struggling with his smoking habit.

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“May programa kami na tinatawag na universal health care na ibig sabihin lahat ng kababayan natin magkakaroon ng access sa PhilHealth,” Roxas said in an interview over radio dzMM, adding the LP tandem would also work to increase the benefits provided by state health insurer Philippine Health Insurance Corp. (PhilHealth).

Roxas said that despite the enactment of Republic Act No. 7875 or the National Health Insurance Act of 1995, the quality of health care has severely deteriorated which he noted was mainly due to politicians who decide who will be given access to PhilHealth. He added that “less than 40% of our people” are covered by PhilHealth.

“Mali iyan dahil pera ng taxpayer ito. Dapat lahat ng kababayan natin may access dito. Lahat tayo dapat pantay-pantay (That’s wrong because this is taxpayers’ money. Our people should have access to PhilHealth. All people should be equal especially as regards health care),” Roxas stressed.

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• In the middle of this current crisis, the economy needs new impetus. We will immediately introduce an emergency programme of investment in infrastructure, in public works and in social housing and other social services in order to get companies and people back to work, thus reducing unemployment over the next two years.

• The control of inflation and the institutionalization of a stable climate for industry to plan and prosper in order to lead to long-term prosperity is a major objective. To accomplish this, we shall ensure that the Banko Sentral ng Pillipinas (BSP) remain steadfast and independent with regards its primary responsibility of maintaining a stable policy consistent with the requirements for price stability.

• Environmental priorities will be built into all economic decision-making, ensuring that economic success goes hand in hand with environmental responsibility. We will introduce new environmental incentives.

• The Philippines’ political institutions need major reforms; stable and representative government, further decentralization of power to local governments, and greater respect for the Bill of Rights. As an essential measure to secure and entrench lasting reform we will introduce fair voting by proportional representation for all elective offices and fully implement the modernization of our elections.

• The skills and capabilities of the Filipino people must be adequate to meet challenges of the new century. We will increase investment in education and work training. The main objective will be to provide our citizens with dignified employment.

• The poor and disadvantaged deserve greater security in these difficult times. We will introduce welfare programs to compliment and protect private pension, provide comprehensive health care to the needy and introduce self-help programs for the most needy.

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“I plan to rest and to pray. After the Holy Week, I expect the demolition work against me to heighten because my critics will only let this Holy Week pass until they show their true color,” he told reporters in a press conference at the LP headquarters in Quezon City earlier this week.

It was recalled that Aquino, in a sortie in Imus, Cavite, has appealed to his supporters to join him in praying for his enemies in light of the upcoming May 10 elections.

“Loving one’s enemies is what our Church teaches us. What we are praying for is actually their change of hearts and of attitudes that prompted them to go on such extremes. We pray that the Holy Spirit may bless them so that they will learn how to stop speaking ill of others,” he said in an interview after his speech at the Imus town plaza last week.

But when asked who he is referring to, Aquino did not name names but said “there are several camps doing that, so all of them.”

Aquino, who has been quite a private person despite his identity as a public figure, also declined to disclose where he is going to spend the Holy Week and with whom he will spend it. “I will keep those plans to myself. But one thing I can say is that there are days I feel as soon as I leave my bedroom I have no more time for myself, even a minute, up to the time I get back to my bedroom,” he said.

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Noong madaling araw ng Setyembre 23, 1972, dumating ang mga sundalo at dinakip ang aking ama.  Kami naman ay ginising ng aming ina, at  sinabi sa amin kung ano ang nangyari.

Labing- dalawang taong gulang lamang po ako noon. Kinulong ang aming ama kahit na siya ay walang sala. At doon nagsimula ang aming kalbaryo.

Marami ang naniniwala noon na siya ang magiging susunod na Pangulo. Ngunit sa araw na iyon, bigla siyang itinuring na pangunahing kaaway ng estado bagama’t wala siyang kasalanan.

Bumaliktad ang aming mundo. Itinakwil kami ng mga taong nangako na hindi kami iiwan.

Mula sa inaasahang magandang kinabukasan, nag-umpisa ang bangungot ng martial law.

Mula grade one hanggang grade six, ako po ay nasa top ten ng aking klase. Naghahanda para sa isang magandang kinabukasan. Ngunit ng dumating ang martial law, parang naging imposible ang magkaroon ng isang kinabukasan.

Dahil doon, mahirap magsumikap na mag-aral nang mabuti para sa isang kinabukasang walang taglay na pag-asa.

Ang aming nanay ang tumayong ama at ina ng aming pamilya.

Para makapiling ang aming ama, kailangan pa naming humingi ng permiso sa mga namamahala ng martial law.

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ProPinoy was able to reach Alfredo Laurente, the president of CATLU (Central Azucarera de Tarlac) and former Barangay Captain of Bgy Central. His statement is below, transcribed from a quick phone conversation. Disclaimer: Propinoy does not endorse any presidential candidate. We are just sharing what Mr Laurente said.

“Ako po ang pangkasalukuyang presidente ng CATLU, lahat ng ganyan [press releases, statements, etc], dadaan sa akin. Wala kaming alam diyan.

“Hindi iyan totoo. Tutulungan namin si Sen Aquino, 100% suportado kami sa kanya. Kaya bakit namin sasabihin iyan [na suportado nila si Sen Villar, ayon kay Bayan Muna Rep. Teodoro Casino].

“Sino ba si Casino? Hindi iyan tiga-2nd district ng Tarlac [kung nasaan ang Hacienda Luisita]. Ano ang alam niya? Dito kami napanganak at lumaki. Malaki ang utang ng loob namin sa mga Cojuangco, at sa mga Aquino, mabuting pamilya iyan. Kung may kilala sa kanila, kami iyon. Pulitika lang iyan, sira-siraan. Dito sa Hacienda, hindi naman nakikialam [ang mga Aquino].

“Kawawa naman ang mga Aquino at Cojuangco. Madalas silang dyinadyaryo, eh hindi naman totoo. Mabuti talaga silang pamilya. Kami ang may kilala sa kanila, kami dapat ang ipasalita.

“Wala pong katotohanan ang press release na iyan. Baka may nagsasalita diyan, pero hindi kami iyan. Personal opinyon siguro iyan, pero huwag namang sasabihin na iyan ang kagustuhan namin, o kagustuhan ng madla. Ang majority sa amin suportado kay Sen Noynoy 100%, kaya hinding hindi namin sasabihin iyan. Wala kaming ibinibintang sa pamilya nila.

“Bakit kami lilipat sa hindi namin kilala [Sen Villar, ayon sa "press release"], na walang ginawa para sa amin? Sana ikinumpirma muna naman nila kung iyon talaga ang sinasabi namin.”

To improve the investment and economic climate of the Philippines, we must target graft and corruption that scares away investments and saps public confidence.

What is corruption? It is theft and a form of murder by a thousand cuts. It robs our people of opportunities, and condemns them to never having a fair chance to realize their potential.

Around P280 billion has been lost to corruption in 2009 alone. This can build 280,000 schools or 560,000 classrooms or purchase 280 million sets of textbooks or train thousands of teachers.

Our students should no longer be deprived of these services, so we will fight graft and corruption on four fronts.

First, in the area of law enforcement and the rule of law.

With a no-nonsense example at the top, I am confident that an uncompromising attitude towards inefficiency and wrongdoing will be demonstrated at all levels.

Meritocracy will define our civil service and enable our line agencies to concentrate on their core functions.

You are familiar with Total Quality Management. We will reflect this in our bureaucratic processes. Whether it is in textbooks or asphalt-laying, we will not tolerate inferior products and poor service. We will penalize delays.

We will enforce law and order so you can be secure in your homes and offices.

We know who use and abuse the law either to coddle favorites or extort from the vulnerable. We know who the smugglers and the tax evaders are. We know who the kidnapping and bank robbery syndicates are, too. With your help, we will take them down.

My government will welcome whistle blowers and give them sanctuary. I will not let the mafia use my government as its own enforcers.

Prosecution will be fair, but also expeditious by virtue of judicial reforms.

Second, government procurement.

Entrepreneurship involves risk. Therefore, we will provide a regime of laws and not men, where regulations are predictable because they are sensible to begin with and are sensibly enforced.

We shall welcome investments, while refraining from issuing sovereign guarantees.

The legitimate businessman, local or foreign, has nothing to fear from a transparent and equitable procurement process. We will promote oversight, particularly in areas such as the military procurement of lubricants, long used to no oversight at all.

Third, streamlining rules and regulations for greater transparency

We shall harmonize our regulations, taking into account the actual business cycle, bringing down the cost of doing business. For example, businesses that need to import raw materials will be expected to pay the VAT at the point of sale, not at the start of manufacture. As you grow your businesses, I am confident that you will, in turn, grow our tax base.

You and I require adequate intelligence to make valid assumptions and thus, informed choices. Our official statistics and figures, as you know, are increasingly devoid of credibility. We will restore the trustworthiness of our official figures so they are, once more, a useful and reliable tool in decision making and planning.

Fourth, fiscal prudence

The national budget shall be scrutinized from the ground up. Nothing will be taken for granted because too many wasteful, redundant, and frankly, corrupt programs exist at present.

A government you can trust

Let me close by rejecting the false dichotomy put forward by my opponents: that our people must choose between a risky, naïve idealism or a healthy pragmatism. The dichotomy is false because its underlying assumptions are false.

There is no conflict between practicality and lofty ideals. Practicality is assured, as long as the lofty ideals of governance are always top of mind.

What is dangerous, is to have a failure of the imagination, one that substitutes cynical transactions for principled leadership, and prefers to subvert institutions rather than to empower the citizenry because it lacks faith in the Filipino.

Ang laban na tapat ay laban ng lahat.

Government must serve you. When leaders put their interest ahead of the people they serve, they betray their people and set themselves up as the people’s master. This leads to squandered opportunities. Rather than empower our people, leaders insist on staying in power regardless of the consequences to our institutions, our economy, and our broader society.

Kung walang corrupt, walang mahirap.

When leaders uphold the sovereignty of the people, government becomes a partner in empowerment.

This is the essence of genuine people power.

Thank you.

Q: In governing you will need the cooperation of Congress, what’s your strategy for getting their cooperation particularly in a situation where you do not control either or both of the houses?

BSAIII: Well sir I think you will agree with me that the tradition for the past congresses has been that the dominant party becomes the party to which the President belongs to. If I’m elected president, we already have our Liberal Party, we have our allies in other aggregations and party-list groups but more importantly, the vast majority will always want to be siding with the administration, whoever it is, so cooperation with congress doesn’t seem to be a problem at this point in time as we foresee.

Q: South Africa, after apartheid, formed a Truth Commission. De Klerk, Mandela, wound up winning the Nobel Prize. In South Korea, a similar search for the truth landed … in jail. Given the sustained unpopularity and perceived excesses of the present leadership, will there be priority given by your administration if you win, to ferret out truths about the GMA years? You talk about Garcillano, you talk about Pidal, Peter Wallace and his Wallace 11, ZTE and the like of transactions. What is your administration going to do in this regard?

BSAIII: The job of the Chief Executive is to enforce all of the laws; recovery of ill-gotten wealth, if it exists, is not a proscribed activity, meaning there are no time limits to it but it has to be a priority. I’ve already made a public statement that I want closure on all of these issues if elected president. That means that one of the four platforms, the top four in the agenda is judicial reform. There has to be certainty of conviction and punishment if you do commit crimes in this country.

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In the course of the fight for the speakership, Rep. Agapito Aquino, chairman of the reform bloc, raised questions regarding the fitness of Rep. Villar to seek the speakership.  Rep. Villar chose to answer the charges but he was overwhelmingly elected Speaker by this House.

Successful election, however, does not answer the questions nor lay to rest charges of wrongdoing, not in government of laws.

We had a colleague, we still have a colleague in the person of Congressman Jalosjos.  He was elected by his district but that did not erase his conviction.  So, drawing a parallel election does not wipe out the offense.

The questions raised, nay, the charges against Speaker Villar are constitutional in character.  And our duty as members of the legislature is peremptory and clear.  We took oath to support and defend the Constitution and uphold the laws.  The Constitution has been violated, laws have been broken.  If we are to continue in the capacity of public officials, if this Chamber is to continue in its very character as legislature, an indispensable pillar in the system of checks and balances, then we must come to the Constitution’ s  defense and the vindication of the laws.

I hesitated long and pondered hard whether to raise these questions for fear of being accused of sour-graping and being a poor sport.  But this has nothing to do with sports.  Our duty is clear, there are charges of illegalities, the charges must be heard and answered.  I am reminded of the case of Speaker Newt Gingrich of the United States House of Representatives.  He was investigated by the United States House of Representatives for I think collecting some fees of books he wrote while Speaker (I am not too sure of the facts).  But one thing I am sure of is this, the House after hearing censured its own Speaker and penalized him with a penalty was meted out.  In other words, there are precedents and we must not hesitate to do our duty.

Article XI of the Constitution is titled “Accountability of Public Officers” it proscribes in Section 16 that:

“No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government or controlled bank or financial institution to the President, the Vice President, the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional Commission, the Ombudsman, or to any firm or entity in which they have controlling interest, during their term.”

Charge I.  Low cost housing is totally dependent on government agencies such as PAG-IBIG, National Home Mortgage Finance Corporation (NHMFC), SSS, GSIS, and other government financial institutions.

Speaker Villar and the companies of which he is President or Chairman, or where he has a controlling interest, are the biggest low-cost housing developers in the country.  To be more specific, it is the Camella and Palmera Homes and its principal subsidiaries, the Household Development Corporation and Palmera and Communities Philippines.

In violation of the constitutional injunction, these companies were given financial accommodations by government banks or financial institutions, among them, PAG-IBIG and the National Home Mortgage Finance Corporation among others, during Speaker Villar’s term as Representative from 1992 to 1998 to finance their business purposes.

Charge II.  Representative Villar, from 1992 to 1998 did not divest himself of his interests in, nor did he sever his connections with, the companies  aforestated.  They obtained financial accommodations from the above government financial institutions while he was a Member of Congress.  Since he did not, therefore, such companies were forbidden from entering into such financial arrangements.

Because of our Constitution, Republic Act No. 6713 known as the “Code of Conduct and Ethical Standards for Public Officials” states in Section 9:

“Divestment. – A public official or employee should avoid conflicts of interest at all times.  When a conflict of interest arises, he shall resign from his position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption.. .”

Charge III.  Nor has Speaker Villar, up to now, I am saying up to now, divested himself of his interests in, nor has he severed his connections with, the companies aforestated.  Speaker Villar is in no hurry to divest because he has declared that he is under no obligation to do so.  A continuing violation.

Charge IV.  Speaker Villar controls the Capitol Bank.  Mrs. Villar is the chief executive officer.  The Capitol Bank received loans, financial accommodations and guarantees from the Bangko Sentral ng Pilipinas from 1992 to 1998 while he was a Representative.  That is constitutionally forbidden.

To sum it up, the constitutional prohibition is very simple.  If a Representative has a controlling interest in a firm or entity, that firm or entity cannot be extended a loan, a guaranty, or a financial accommodation for any business purpose from any government financial institution.

If that firm or entity would like to obtain a loan, a guaranty or a financial accommodation from a government financial institution, that firm or entity must first relieve itself of the controlling interest of the Representative.

It is my humble submission that Speaker Villar did not do either.

Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, provides in Section 6 therefore as follows:

“Sec. 6.  Prohibition on Members of Congress. – It shall be unlawful hereafter for any Member of the Congress during the term for which he has been elected, to acquire or to receive any personal or pecuniary interest in any specific business enterprise which will be directly and particularly favoured or benefited by any law or resolution authored by him previously approved or adopted by the Congress during the same term.

The provision of this section shall apply to any other public officer who recommended that initiation in Congress of the enactment or adoption of any law or resolution, and acquires any such interest during his incumbency.”

In other words, even if he was not the principal author, if he did ask or initiated the enactment of such a law, he is covered by the prohibition.

Simply put, during our term of office, each one of us, it shall be unlawful for us to author any law or resolution that would benefit or favor us.  The above prohibition shall apply even to that representative who just recommended, not even authored, the enactment of such law that benefited him.

Charge V.  Representative Villar, in his bid for the speakership, prepared a propaganda kit that he distributed to Congressmen and media.  I think you were given copies of the one.  It is entitled “Manny  B. Villar, Jr., Achiever and Visionary Leader,” and [in] the “Legislative Performance of Congressman Manny B. Villar, Jr.”  Representative Villar unequivocally said that he “incorporated in the landmark Comprehensive and Integrated Shelter Finance Act, Republic

Act No. 7835, the recapitalization of the National Home Mortgage and Finance Corporation and the amendment to the Agri-Aqua Law to include housing investment.”

Speaker Villar’s companies are engaged in housing.  He thereby violated the Anti-Graft Law.
The aforementioned Act, which incorporates H.B. No. 6145, co-authored by then Representative Villar mandates “banks to extend to housing loans not utilized for agriculture and agrarian reform credit.”  In other words, loanable funds for agriculture and agrarian credit are to be re-channeled to housing, Speaker Villar’s business.

Representative Villar co-authored H.B. No. 11005 which “increased the capital of the National Home Mortgage and Finance Corporation” and is the main source of funding of Speaker Villar’s companies.  President Estrada admitted that the National Home Mortgage and Finance Coporation is presently bankrupt.  He said that to the following:  LAMP President Edgardo Angara, Congressman Agapito Aquino, Presidential Legislative Liaison Officer Jimmy Policarpio, former Congresman Miguel Romero and myself. The President no less said that it is bankrupt.  Increasing the capitalization of a bankrupt GFI benefited Representative Villar’s housing companies.

In the same propaganda kit of Speaker Villar, it states that “also passed by the House were Villar’s measures to make Pag-ibig Find contributions compulsory and to increase housing investments with the SSS.”  Pag-ibig is a main source of funding of Speaker Villar’s companies.
In a word, Representative Villar’s legilslation from 1992 to 1998 were designed to benefit his business, a violation of the Anti-Graft Law.

Now, the same provision of the Anti-Graft and Corrupt Practices Act, provides in the third paragraph of Section 6 thereof, as follows:

It shall likewise be unlawful for such member of Congress or other public officer, who, having such interest prior to the approval of such law or resolution authored or recommended by him, continues for thirty days after such approval to retain such interest.

Charge VI.  When those bills that Representative Villar introduced or co-authored were enacted into law, he did not divest himself of his interest in his companies that benefited therefrom.
Now, Republic Act 6713, known as the Code of Conduct and Ethical Standards for Public Officials provides in Section 3 (j):

Section 3 (j) “Divestment” is the transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself  of his right or title to it in favour of a person or persons other than his spouse and relatives as defined in this Act.

Charge VII.  Manuela Corporation applied for and was granted a loan of P1 billion by the SSS, a government financial institution.  Another P2 billion loan would be syndicated with another government financial institution, the GSIS.  Total syndicated loan from the two GFIs: P3 billion.
Manuela Corporation, a housing and realty corporation, is owned by the family of the wife of Speaker Villar.  An indirect financial accommodation.  Again, the same Code of Conduct and Ethical Standards for Public Officials states in Section 3 (k) thereof:

Section 3 (k) “Relatives” refers to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or   affinity,   including bilas, inso, or    balae.

SSS, historically and as a matter of public policy does not extend direct loans to any company.  It extends loans to banks or to public or private financial institutions but not directly to business enterprises.  The direct loan to Manuela Corporation is a first in SSS history.

Charge VIII.  Manuela Corporation owes the Capitol Bank, which also owned by Speaker Villar, P150 million.  There may be nothing wrong with that because both are private entities.  However, out of the P3 billion earmarked to liquidate the P150 million Capitol Bank loan to the failing Manuela Corporation.  In other words, it is a financial accommodation extended by GFIs to relieve Capitol Bank, owned by Speaker Villar, of the P150 million loan.  Another indirect financial accommodation.

Charge IX.  The Comprehensive Agrarian Reform Program (CARP)    is being undertaken in obedience to a constitutional mandate.  All lands covered by CARP cannot be used for residential, agricultural, industrial or other uses unless a clearance, conversion, or exemption for a particular property is first issued by DAR.

Speaker Villar’s companies are developing or have developed 5,950 hectares or almost 60,000,000 square meters of CARP lands into residential subdivision without the appropriate DAR issuances that would authorize such lands to be used for residential purposes.  A traducement of the constitutionally directed CARP law.

Article XIII of the Constitution, in Sections 4,5,6,7 and 8 states with clarity what the agrarian reform program is all about.

Just to give you an idea about how big 60,000,000 square meters is – my constituency of Makati is only one-third of that size.  It is only roughly 21,000,000 square meters.  If you add the entire area of Las Piñas and Makati, that is the residential subdivisions covered by the companies of Speaker Villar.

The House cannot reform itself, much less even operate effectively if a cloud of doubt hangs over the Speaker of the House.  It is to the interest of the Speaker and the Members no less if these concerns are addressed frontally and resolved forthwith to clear the path for meaningful reforms.
Public office is a public trust.  We, the representatives of the people pay a price for getting elected to public office.  The Constitution imposes on us certain constraints which we must follow to the letter.

Let me allude to the Members of Congress who are barristers – the Constitution forbids us, lawyers, from appearing in court.  In my case, for instance, I was a practitioner up to 1992.  I got elected to the House so I stopped practicing, or in other words, I no longer appear in court.  That is the price I have to pay.  I think I was earning adequately in the practice of law, but I have to make a choice.  Do I want to be a lawyer or I want to be a Congressman?  If I want to continue being a lawyer, then I must not be a Congressman.  If I have to be a Congressman then I must stop lawyering.  That is what the Constitution says.

So in the case of Speaker Villar, it is simple.  If he wants to go/continue in business and deal with government financial institutions, he can do so but he cannot also be a Congressman.  If he wants to be a Congressman, then he must not be in business which deals with the government.  We have to pay a price.

So, this case is a learning experience for us all.  Whatever the outcome, it will show the things we can do, the things we cannot do, and the things we must do.

I would propose that the House of Representatives constitute itself into a Committee of the Whole to hear the charges and the Speaker’s defense.

He will have a trial that is more than fair to him for he will be judged by the very peers who elevated him to be the first among equals, only this time they will judge him according to the law.
I will never seek the speakership again nor in any manner challenge the leadership of Speaker Villar except on this specific issue of constitutional breach that calls into question the rule of law.

This is how important it is.  So I rest my cause.

The law is clear. Article 1755 of the Civil Code of the Philippines states that “a common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances.” While it is important for the investigation to proceed in order to determine liability on the part of the common carrier and other parties involved in these cases, the government has left many unanswered questions and appears not to have learned anything from past maritime disasters.

In June 2008, we witnessed the sinking of the MV Princess of the Stars. What happened to this investigation? More importantly, what have the Maritime Industry Authority (MARINA) and Philippine Coast Guard done to prevent these kinds of tragedies from happening again? The President must explain why these common carriers have been allowed to operate when they are unable to exercise the standard of care mandated by our Civil Code.

An archipelagic country such as ours is obviously dependent on sea travel. Most of our citizens also prefer this mode of transportation due to its affordability. It is therefore incumbent upon the administration to ensure that government agencies tasked to monitor shipping companies do prevent those that are incompetent from setting sail.

We have seen too many people die as a result of this administration’s inability or unwillingness to enforce the law. A government that repeatedly fails to ensure the safety of its citizens has no reason to continue in office.