1. Mr. Lozada is a simple man. He has nothing to gain by coming out in public. He is consistent. He has a solid story. He was man enough to admit his sins. I'm not saying that he's a hero. But between him and his enemies, I believe that his story is more credible.
2. I am not bothered by the fact that Senator Santiago attacked Mr. Lozada's credibility. He may have committed sins in the past. But in my eyes, that does not lessen his credibility. After all, we believed in Chavit Singson once upon a time.
3. I can't wait to hear what Benjamin Abalos has to say about Mr. Lozada's testimony. To call Abalos a "siga" is an understatement. He has a lot of things to explain. I'm sure the people can't wait to hear his version.
4. Most of the senators are doing a good job, save for some who do not pay attention to the whole proceedings thus they end up repeating the questions of the other senators. I just hope the senators would avoid advancing their own political interests during the hearing. This is not the time for them to advertise themselves to the public.
5. I firmly believe that Mr. Lozada was taken against his will, regardless of the explanations being given by Atienza, Defensor, et al. What did the government have in mind? I shudder at the thought that this could have been another Bubby Dacer incident. Thank God, Mrs. Lozada went berserk when she did not see her husband. The police and this government have a lot of explaining to do.
6. The "kickback tradition" is known to everyone who has dealt with politicians on government projects. But that does not make it acceptable. The amount involved is immaterial, especially if it is in the guise of a loan that will be paid by the people.
7. It's sad that all these hearings are only in aid of legislation. I want something concrete to come out of these proceedings. The persons liable must not go unpunished. I believe that the attack on the people's rights of life and liberty are more important than the problem of corruption.
8. It's unfortunate that not too many people seem to be interested in this problem. The "tambays" prefer to listen to the FM radio stations than the coverage of the hearings on the AM band. I hardly hear people discuss this matter. Why aren't people reacting? Have they become immune to corruption? Are they tired of fighting evil? The economic growth and the lack of a better alternative are not sufficient reasons for people to be apathetic. Times like this, I really miss Cardinal Sin.
9. Romulo Neri is disappointing. He is the missing link. He knows the whole story. How come he does not want to testify? Is he waiting for his "personal tour" to Cavite and Laguna before he speaks up? I hope he deserves to have a loyal friend in Mr. Lozada.
10. Finally, I do not agree with Senator Allan Peter Cayetano's suggestion that Mrs. Arroyo must take a leave from office. I believe that the better solution would be for her to take an indefinite leave from her marriage to the man who seems to be the cause of all these problems.
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Lozada’s testimony (A commentary):
For me alone, I would admit, in due respect, that I will not side either one of them. Remember that neither of these two factions, fighting each other do not guarantee one and negate the other. That is, neither one of them became good nor bad in their squabble.
Although it is true that Lozada is a credible witness and I believe that he is telling the truth. Some of the news article says that he is planning everything in order to make him appear as a convincing liar. Who is that editor? The one who believes more with the truly corrupt officials than him?
Lozada before confessed that he loses his right to testify against those officials when he is before involved in the alleged bribery scandal. We couldn’t prove if he receives some, because he is before a consultant in the ZTE contract. Moreover, he says that he is a President (now resigned) in the Philippine Forest Corporation when he answered the question interposed by Sen. Defensor-Santiago during the Senate-Hearing.
I say that “when he loses such right” means he will be in pari delicto (equal guilt). He cannot accuse someone if he has committed the same.
Yes, it is true that the public at large believes in his credible testimony, and so am I. Even though his testimony is credible enough when he discloses this in the Senate, it is preposterous enough that even some of the Senators in both opposition and administration (but not all), are like rotten apples. My apology is that, they cannot even prove themselves that they are good enough and a trustworthy official as far as the culture of corruption is concerned. They also receive kickbacks as well. Imagine who is the honest Senator receiving only P 204, 000 a year? Some of them receives more than what is enough from whatever proceeds from illegal (or might a legal) sources.
That’s a balancing force of good and bad. It offsets each other. Then, his testimony as if, nothing happen.
ZTE Contract is nevertheless valid for some reason. The President may enter any contract/s in accordance to the constitutional mandate. But I would admit that in this kind of contract, in my opinion, it is not applicable with respect to notification to Congress. It is true in some contract that needs notification (Art 13, 1987 Constitution on National Economy and Patrimony). The former might not because the purpose of ZTE contract is the installation of Government telecommunication facilities that only the authorized government officials can utilize the same. That kind of communication is highly sensitive and confidential in nature with respect to such kind of purpose.
However, the contract has to be aborted. It is true that President Arroyo rescinded the contract because of such kind of alleged bribery scandal. The public gravely calumniates her that she is involved in such scandal. But the public shall be bound to know the truth behind, despite travesty of justice that needs to be painstakingly unveil.
Whether or not when President rescinded the contract, did she receive, in whole or in part, before, during or after the rescission of the contract, such kind of bribes and kickback?
It is nothing bad for the public to initiate a rally and a noise barrage to protest against those corrupt officials. It is clearly expressed in Section 4 that No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. This is the true spirit of democracy in a Republican type of government that people shall be supreme at all times and government authority emanates from them. It is better to show their grievances than to keep ourselves silent allowing us to be oppressed by their misdemeanors.
But the truth behind shall first be settled by filing the petitions before the Supreme Court, because the one who can pierce the truth from the lies is a judicial prerogative. That is the apothegm of Chief Justice Reynato Puno. Before they show their whims, let Supreme Court decide on that matter. The magistrates will render the decision for us and they will base their reason on such verdict, both with their own concurring and dissenting opinion.
With President Arroyo, perhaps she can do anything good in improving our foreign relations with a country. If someone vituperates, foreign relations are still our indispensable for their future assistance for us with respect to paramount consideration of national economic and social progress, even from a piecemeal aid. We don’t expect anything about it. They only voluntarily provide the aid for us.
She also initiates until completion of LRT 2 project and stability of Philippine Peso as against US Dollar Exchange Rate w/out affecting overseas remittance as mechanism for increased international reserve (to use as payment for import).
She also invites prospective investors to the country, and therefore, we can still trusts her even they contend that she is a lesser evil among future presidential candidates that we are uncertain to give future for us.
I know she is involved in Hello Garci Scandal. I favor in opening the case against her; however, what if, even a violation of special laws, do you agree that it is a sacrifice, because we are not sure about the other presidential candidates? We have no future for them. That is our quandary in the future. We are being tormenting too much.
Now the pestiferous EO 464 issued by the President. It is true that EO 464 observes the doctrine of separation of powers. Each of the three branches of Government (Legislative, Executive and Judicial Dept) had their own domain of power given by the Constitution. Moreover, each of these had a privilege to exercise this power and kept some secret to prevent other branches to encroach with this power. But the secrecy and the furtive matters in their course of exercising this power have a limitation.
Even there is a doctrine of separation of powers; nevertheless there is a system of corollary checks and balances.
The Supreme Court held that provisions of EO 464 are partly valid and void in nature. Meetings of the President among its Cabinet members, and communication between President to its head in an agency under the Office of the President (NEDA, CHED, MMDA, NAC, etc…) are secret. But in case of compulsory appearance of executive officials before the Senate however, that Romulo Neri failed to prove that his appearance will affect national security, is nevertheless in his contention not to appear is a void executive privilege under EO 464. He cannot invoke that privilege of not to appear in Senate for to answer the question about the alleged scandal.
Remember that Associate Justice Ynares-Santiago in her dissenting opinion that, EO 464 cannot be invoke to cover criminal conspiracies in the seat of the government. Bribery is a high crime. It violates RA 3019 and Revised Penal Code Book 2 on provisions known as Crimes Committed by Public Officials.
How ZTE Contract scandal operates? They overprice the bidding and part of the amount will serve as their commission. This will be the share of the corrupt executive officials to the detriment of the general public. The question is where will our taxes go? Then, the contract will not yield the result because they said the money was meager enough. Huh, I’m so perplex. The money was scanty and insufficient to pay the contract?
Executive Officials said in “Harapan” (ABS-CBN 2 show), when the contract was signed for approval, the amount increased to $329 M. In the newspaper article, this added amount was served to increase financing for construction of additional transmitter to facilitate nexus or flow of telecommunication networks. Okay, but as to manner of financing, why the contract was converted to Loan Package than “Build-Operate-Transfer Scheme”? Under BOT, the construction, maintenance and operation of ZTE will undertake by the Chinese company and after receiving the reasonable rate of return or payback, they will give this to the Philippine Government. It puts me to a quandary.
Loan Package, meaning to say, the payment will come from National Treasury, out of collection from us, being a taxpayers?
The evidence shall not only from credible witnesses. The Senate (spearheaded by Blue Ribbon Committee), shall be authorized to asks for a documentary evidence, specifically NBN Papers evidencing such transaction. But EO 464 shall be resolved first; otherwise our difficulty to find the truth still prevails for a longer period of time.
With regard to arrests of officials, it is dubitable for Ex-COMELEC Chairman Abalos, Joey de Venecia, Romulo Neri, FG Arroyo and several John Does, Mark, Does, Richard Does and some Jane Does. Because the ff:
1. They are clothed with power as officials and they have immunity, although FG Arroyo is an ordinary citizen, a husband of the President. Romulo Neri is still incumbent (NEDA now CHED Commissioner. What is he doing as Commissioner of CHED?)
2. Ombudsman alone is painstakingly looking for opportunities while in the course of preliminary investigation and examination of said officials. Subpoena alone might be insufficient. Sandiganbayan is cognizable on OMB’s case preparation as a prosecutor, but the Anti-Graft court is waiting for that case set for hearing.
3. Assuming that said corrupt officials had their own counsel (or acting in behalf), they are fond of telling lies, fabricating a version of their defense as a mere mode of technicalities than a merits on a case. With these, they have possibility of winning a trial, like we are letting a criminal escaped from apprehension. They take advantage in every turn of weaknesses of credible witness’ insufficient knowledge (or a mere hearsay) and information alleged by the prosecutor OMB.
Remember that NAIA Terminal 3 Project was left still in progress, no completion. The Northrail and Southrail Project. Including the Mega-Pacific computerized election which it was discontinued because Ex-COMELEC Chairman Abalos was too greedy enough to pilfer the money to be financed from said project, and now he is going to ZTE.
Then, those corrupt executive officials are getting exasperated because they were being accused, and file criminal cases for libel. Who are the criminals anyway, the one accusing them for misdemeanor, or the one tried to relieve themselves to the Court even they are in dirty hands?
The Court only receives the case, and probably acquitted them, because it has not been proven beyond reasonable doubt. Then, they are still in large. Now this is the time of our tribulation, while the opponent savors themselves in nefarious ways. Never will our country be prospering again. The only thing we can do is begin our renewal, and remain in faith with our Lord, while we continue our struggle.
We have laws, but it remained futile because we cannot do anything, even their gravest transgression of the laws. We pray to obtain evidence from NBN Papers and the arrests of officials. That is all what we need. Hope that even the Court of Last Resort (Supreme Court) will not acquit the criminal unlike in People vs. Lucio Tan, et al. He was acquitted because lack of sufficient evidence to prove that he is a tax evader and creating illegal dummy corporations inside the allied bank and the questionable government properties acquired by Tan, whether or not he receives it as a gift or other consideration.
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