Showing posts with label supreme court. Show all posts
Showing posts with label supreme court. Show all posts

Roxas to GMA: Use power to waive filing fees for Legacy victims

Liberal President Senator Mar Roxas today urged President Arroyo to use her influence over the justice department and order the waiving of filing fees for pre-need plan holders victimized by the fraudulent operations of Legacy owner Celso de los Angeles and his cohorts.

At the same time, Roxas filed a petition with the Supreme Court seeking the exemption of victims of failed pre-need companies and investment scams from the payment of filing fees, which he stressed have become "stumbling blocks" in the victims’ quest for justice.

Roxas, chairman of the Senate trade and commerce committee, lamented the inability of Legacy victims from paying the required filing fees with the DOJ and the corresponding legal fees with the courts have delayed, if not blocked, the recovery of their claims and the prosecution of De los Angeles and his cohorts for fraudulent transactions.

The fees include filing fees, which are paid to the DOJ if complainants want to institute criminal actions, and court fees, which are paid if planholders lodge criminal complaints against fraudulent investment entities and pre-need companies.
"Itong mga fees na ito ang isa sa mga pinakamalaking hadlang sa pag-pa-file ng kaso laban dito sa Legacy at kay Celso de los Angeles," he said in his opening statement during Friday’s committee hearing on the collapse of Legacy companies and the plight of the pre-need industry.

"Nananawagan po ako sa Pangulo, nananawagan po ako sa administrasyon: Imbes na pag-aksayahan po ninyo ng panahon iyang mga political parties, ‘yang pagsasama-sama ng mga partido po ninyo, imbes na pag-aksayahan po ninyo itong mga birthday at iba pang mga okasyon, siguro dapat pag-aksayahan ninyo ng panahon, bigyan ninyo ng oras, itong mga naging biktima ng Legacy. Kayo mismo, Pangulong Arroyo, DOJ, at administrasyon, kayo mismo dumulog sa Supreme Court at tumulong sa ating panawagan na i-waive na itong filing fees na ito," he appealed to President Arroyo.

"Pangulong Arroyo, kung sinsero ka sa pagtulong sa ating mga kababayan, alam mo ang kabigatan ng iyong impluwensiya sa DOJ, alam mong makikinig sa iyo ang secretary nito kung iuutos mo ang pagtigil ng paniningil ng mga filing fees para sa mga biktima ng Legacy," he added.
In his petition with the Supreme Court, the Visayan senator said the high bench, like Congress, has the duty to "reduce social and economic inequalities in order to further improve and uplift the lives of Filipino people."
"One such way of lessening social and economic inequalities is an outright exemption from filing fees for victims of failed pre-need companies and investment scams, which filing fees can just constitute as a lien on whatever monetary award that said victims may receive in the event of a favorable decision," he said.

Roxas: SC ruling on party-list reps lessens powers of trapos

Liberal President Senator Mar Roxas today said the Supreme Court (SC) decision increasing the number of available party-list seats at the House of Representatives has virtually weakened the power of traditional politicians over the legislative system.
"The SC decision is good for the representative democracy as it gives more chance for groups to be heard. Thus, the trapos' (traditional politicians) dominance over the system is lessened," he said.
He said political issues, such as the controversial Charter Change through an illegal constituent assembly, could now take the backburner while peoples' interests and concerns take center stage at the House plenary.
"Mahalagang matutukan natin ang interes ng taumbayan higit sa interes pampulitikal ng mga trapo, ng mga opisyal na walang kurap na tatalikuran ang kanilang mga kababayan kapalit ng kanilang mga personal na ambisyon," the Visayan senator said.
At the same time, Roxas said the ruling would correct the existing formula on the number of party-list representatives who could take their seats. From the present 238 House members, the number would increase to 270 after the high court ruling that that all 55 seats for party-list groups should be filled up.
"The Constitution only says 1/5 is minimum reserved for party lists. So the 50 is the 1/5 if there are only 200 geographic districts. But now there are 219 such districts. So necessarily, the 1/5 of the new members will increase beyond 50," he said.

Wednesday, April 22, 2009 | posted in , , , , , | 0 comments [ More ]

Senator Roxas: Gloria Forever constitution will go straight to court

Liberal President Senator Mar Roxas today said the renewed efforts in the House of the Representatives to "go solo" and ram through with the "Gloria Forever Constitution" will go straight to court.
"Diretso iyan sa korte. May tiwala ako na ang ating mga mahistrado sa Korte Suprema ay magdedesisyon nang tama (It will go straight to court. I'm confident that our Supreme Court magistrates will exercise independence and make the correct ruling on the issue)," he said, amidst speculations the high bench is controlled by the government, with majority of its justices appointed by President Arroyo.

"Hindi natin ito papayagan. Itong 'solo flight' ng House ay hindi sang-ayon sa Konstitusyon. At ayaw na ng mamamayan na lumampas ng kahit isang araw man lang ang pamumuno ni Gloria sa bansa. (We will not allow this. The House's 'solo flight' is not contemplated in the Constitution. And our people do not want Gloria to rule even a day in excess of her term)," he stressed.
The Visayan senator said any moves to amend the Constitution to extend the term of office of any public official, especially the President, will not pass in the Senate. And in the case that the House pushes through with constituent assembly on its own, he will actively join moves by the Senate to elevate the issue before the Supreme Court.
"Hindi kami sasama diyan. Baluktot na pamamaraan iyan para baguhin ang Saligang Batas sa ating bansa. Wala akong kakilalang abugado na alam ang kanyang trabaho na magsasabing legal ito (we senators will not participate in this because this is a wrong method to change the Charter. I do not know of any lawyer who knows his job and would say this is legal)," he said.

"Tinututulan ito ng ating mga kababayan. Wala itong makukuhang boto sa Senado. Hindi ito magtatagumpay (This is not acceptable to the people. This will not get any vote from the Senate. This will not succeed)," he added.
Roxas trusts that despite the machinations of the powerful and their minions to bend the law in their favor, the Filipino people would stand by the law.
"Subukan lang nilang gawin ang gusto nila, at haharapin nila ang taumbayan oras na kalikutin nila ang Saligang Batas at isangkalan ang demokrasya sa ating bansa (They could go ahead and do anything they want. But I warn them, the people will face up to them if they try to manipulate the Constitution and compromise our country's democracy)," he stressed.

Senator Roxas to GMA: Follow Supreme Court order, jail Daniel Smith

Liberal President Senator Mar Roxas today said President Gloria Macapagal-Arroyo should comply with the Supreme Court (SC) order on the transfer of a convicted US solder to Philippine custody to avert another prolonged political debate on the need to review or scrap the Visiting Forces Agreement (VFA) between the Philippine and US governments.
"Walang kapalit ang dangal natin. Ipinagbuwis ito ng buhay ng mga ninuno natin. Nararapat lang na siguruhin ni GMA na hindi ito tinatapak-tapakan kahit pa man ng Amerika (There is no price for our country's honor. Our ancestors died defending it. It is but proper for GMA to ensure that no one steps or smears our country's honor, even if it involves the American government)," he said.
He noted that demands for a review or scrapping of the VFA came only after the government refused to comply with the SC order and allowed Lance Corporal Daniel Smith to continue being detained at the US Embassy compound in Manila.

The SC had ordered the transfer of Smith to Philippine custody while serving his jail term for the rape of a Filipina in Subic, Zambales. It, however, upheld the constitutionality of the VFA.

Smith was found guilty of rape on Dec. 4, 2006 and sentenced to 40 years in prison. The convicted soldier had been under US custody since his conviction two years ago.
"Naging issue lang naman ito (VFA validity) dahil ayaw ipatupad ni GMA ang hatol ng SC. Mawawala ang dahilan sa pag-review ng VFA kung gagawin ni GMA ang utos ng SC (This became an issue because GMA refused to comply with the SC decision. All these calls will become mute if GMA implements the order)," Roxas said.

He added: "Lagi na lang nating isinasakripisyo ang dangal, ang pangalan ng ating bansa para sa kapakanan ng gobyernong ito. Mas importante pa ba ang sasabihin ng Amerika kumpara sa karangalan nating mga Filipino (We have been sacrificing our country's honor for the sake of this government. Is America's sentiments more important compared to our reputation)?"

Roxas to BIR: Don't be a scrooge, give full-year tax relief

Liberal President Senator Mar Roxas today called on the Department of Finance not to be a Scrooge and heed minimum wage workers’ pleas for a full-year income tax exemption, pursuant to Republic Act No. 9504.
“Dapat lang na ibigay na itong tax exemption. Kahit kakarampot ay maaaring magdagdag ng kaunti para sa darating na Pasko para sa kanila (This tax exemption must be given now. Even if it’s a small amount, it would help in the expenses this coming Christmas),” he said.
The Cebu city council issued a resolution last month urging the DoF and the Bureau of Internal Revenue to retroactively implement the tax exemption for minimum wage earners, a copy of which was furnished to Roxas, who was commended for pushing the tax relief measure..
“In these hard times, we ought to do everything we can to be able to make life better and easier for our people,” Roxas said in a reply addressed to Hilario Davide III, Acting Presiding Officer of the Sangguniang Panglungsod of the City of Cebu.

“Kapag ‘di naibigay ang full-year tax exemption, P5,000 din ang kinuha ng gobyerno sa mga minimum wage earners. Maliit pero kinuha pa rin ng gobyerno (If the tax exemption will not be given, the government’s taking P5,000 away from the minimum wage earners. A small amount, but the government still took it),” he said.
Roxas has already filed with the Supreme Court a petition to compel the DoF and BIR to exempt minimum wage earners from taxes for income earned since January 1 of this year, and not only since July 6, which is when the law was made effective. He noted that the Supreme Court had previously ruled in Umali vs. Estanislao that an older tax exemption law, RA 7167, covered income taxes from the start of 1991, even though this became effective only on January 30, 1992.

Roxas, TUCP ask SC to junk "half-baked" tax exemption

Liberal President Senator Mar Roxas and the Trade Union Congress of the Philippines, the Philippines’ biggest union federation, announced today they will contest before the Supreme Court the Bureau of Internal Revenue’s “half-baked” income tax exemption for minimum wage earners, contrary to Congress’ intentions under Republic Act No. 9504, enacted last June 17.
“Binaligtad ng BIR at ng DoF ang intensyon ng mga mambabatas na bigyang ginhawa ang mga manggagawa sa pamamagitan ng income tax exemption. Una, sisimulan lang nila ang exemption sa July 6, imbes na sa simula ng taon. Pangalawa, ang mga minimum wage earner na may ibang sources of income ay hindi na ie-exempt. Bilang principal author nitong batas, ay lalabanan ko ang maling interpretasyon ng ehekutibo dito,” Roxas said.
He noted that minimum wage earners would stand to lose about P5,000 in exemptions from January to June, as a result of the erroneous implementing rules and regulations of RA 9504. This is P36 per day, or P792 a month, lost per worker. With about 500,000 minimum wage earners, a full-year exemption would mean a total of P2.5 billion given back to the people to help them cope with the high cost of living.
“Napakalaking savings ang nawawala sa taumbayan gawa nitong half-baked tax exemption na gusto ng BIR at DoF. Katumbas ito ng isang kilong bigas, o tatlong lata ng sardinas bawat araw na mabibili sana ng isang manggagawa para sa kanyang pamilya. Maling-mali, switik at madaya ang pamamaraan ng BIR at DoF para makakolekta ng dagdag na buwis sa mga taong bayan,” he said.
Last week, Roxas wrote Finance Secretary Margarito Teves calling for the reconsideration of Revenue Regulations No. 10-2008, particularly the provisions providing for only a half-year exemption for minimum wage earners, and the limited scope of minimum wage earners eligible for the tax relief.
“Hinihintay pa namin ang sagot ng DoF sa aking liham, pero maghahain na tayo ng petisyon sa Korte Suprema para masimula na ang proseso ng pagbasura ng half-baked income tax exemption na gusto ng BIR,” he said.

Roxas to Mindanaoans: We are with you all the way

Senator Mar Roxas, Liberal President, said he will continue to defend the people of the Mindanao against the attempt of the government, through its peace panel, to break the country into two for vested interests.
"This is an issue that is affecting all Mindanaoans regardless of status or religion. I will do my all in my capacity as a Senator to protect our country's sovereignty and the interests of every Filipino," he said.
He met with Sultan Kudarat Gov. Teng Mangudadatu in the morning at the Provincial Capital; later, in the afternoon, he visited Tacurong City Mayor Lino Montilla and South Cotabato Gov. Daisy Fuentes, to discuss the controversial GRP-MILF Memorandum of Agreement, which has been held from implementation only through a Supreme Court temporary restraining order.
"I have spoken to the provincial and local leaders and I am confident that they will do all they can for their constituents. We will not be victims of this sellout of our people and our natural resources," he said.

"I speak on behalf of the Liberal Party which stands by the Mindanaoans during this time of conflict and uncertainty. We have brought our battle to the Supreme Court and in the Senate to get to the bottom of this MoA," he added.
Last week, Roxas was in North Cotabato and Zamboanga City with North Cotabato Vice-Governor Emmanuel Piñol and Zamboanga City Mayor Celso Lobregat, to discuss the issue. The three are among the petitioners in the Supreme Court case to prevent the GRP-MILF agreement from pushing through.
"We demand complete transparency regarding this agreement. I call upon the government to let the people know, completely and without qualification, its intentions and strategies concerning the situation in Mindanao," he said.

Roxas: JPEPA experience highlights need for gov't reforms

Senator Mar Roxas, Liberal Party President, said the harrowing experience in having the Japan-Philippines Economic Partnership Agreement (JPEPA) passed underscores the people’s distrust of government, and consequently, the need for reforms in state institutions.
“I think a lot of the mistrust associated with JPEPA began not as a result of the actual provisions of the treaty, but the secretive manner in which the government went about with it,” said Roxas, Chairman of the Senate Committee on Trade and Commerce and co-chair of the JPEPA joint panel. 
He noted the Supreme Court case filed three years where executive privilege was cited to prevent the disclosure of information on JPEPA. Although the government was cleared by the high court, Roxas said this lack of open communication between stakeholders fostered ill will.
“The government must shift from this policy of ‘minimum disclosure’ that the government seems to have adopted in all its dealings, from the NBN-ZTE project to the GRP-MILF agreement on the Bangsamoro Juridical Entity, and others,” he said.
 The Senator maintained that although the JPEPA would not benefit Filipinos much, it would be far more harmful to not pass it and be left behind by other ASEAN countries trading with Japan.
“Some say we could have gotten more. Others claim, we gave up too much. Let me be candid. I too feel that we could have negotiated better. We could have gotten more,” he said.

“The choice before us is not the present JPEPA versus another better JPEPA that we can pick and choose from. The choice before us is the present JPEPA versus no JPEPA and an uncertain future as to when it could be renegotiated again and what terms we could actually obtain at that future time,” he added.
In order to address environmental concerns raised by some groups, Roxas has called on the executive to transmit to the Senate the Basel Ban Amendment, which would widen the coverage of hazardous substances banned for export, to include items for recycling. “It’s about time that the Senate reviews and consults with stakeholders on the need to ratify the amendment to the Basel Ban Convention. The important thing is to get started with the discussions,” he said.

He has also filed a bill to increase the penalties for violation of Republic Act No. 6969, the Toxic Substance and Hazardous and Nuclear Wastes Control Act of 1990.

Roxas said a way to encourage transparency and accountability in government is his proposed Free Information Act, Senate Bill No. 109. A counterpart bill has already been passed in the House of Representatives, sponsored by fellow Liberal Erin Tañada of Quezon. The measure would require government offices to respond to all requests for public information within two days, unless this would place at risk national security, diplomatic relations or the peace and order situation.

Roxas: Japan leaders back need for a constitutional JPEPA

LP President Senator Mar Roxas stressed before leaders of the Japanese government how important it is for the Philippines to preserve and protect its Constitution in relation to the Japan-Philippines Economic Partnership Agreement (JPEPA), and said that the Japanese officials agreed to this.

Roxas travelled to Japan this week to discuss vital regional issues, particularly the JPEPA and the ongoing food and oil price crisis, with former and incumbent members of the Japanese Cabinet.
"For the sake of Japan-Philippine relations, I told them that it's important for us to have a meeting of minds on this issue, and put this in writing in an official exchange of letters. They understand how important this issue to us, and I'm glad to report that they assured us that they will certainly respect our Constitution," he said.
While in Tokyo, Roxas met with Nobutaka Machimura, Chief Cabinet Secretary; Masahiko Komura, Minister of Foreign Affairs (MOFA) ; Yasuhisa Shiozaki Member of Parliament (MP) and former Chief Cabinet Secretary; and Taro Aso, MP and former Minister of Foreign Affairs.
"We need to strengthen ties with our key economic partners at this time when world food and oil prices are going through the roof. These adversely impact upon our people's interest in terms of incomes, jobs and livelihoods as well as our country's competitiveness and geopolitical strategies," Roxas, Chairman of the Senate Committee on Trade and Commerce said.
At the same time, he stressed that "in all trade agreements, our national sovereignty and interest must be paramount."

JPEPA is now pending plenary deliberations in the Senate for its concurrence. It was signed and ratified by President Gloria Macapagal-Arroyo and former Japanese Primer Minister Junichiro Koizumi in 2006. The landmark treaty encountered a major stumbling block in the Senate when questions as to its Constitutionality were raised by legal experts and various stakeholder groups.

Plenary discussions on the treaty have not yet begun, after Philippine Foreign Affairs Secretary Alberto Romulo requested for time to discuss the concerns about the constitution with his Japanese counterparts.

Roxas earlier disclosed his findings on the economic provisions of the treaty. In sum, he determined that while the treaty provides marginal potential benefits, its rejection by the Philippines would result in real and wide-ranging losses in terms of jobs and incomes. "Our country will get left behind because the rest of ASEAN already have EPAs with Japan."
"Ang mga pagkakataon na nakapaloob dito sa JPEPA ay hawak natin. Hamon sa gobyerno na itong mga 'potential gains' ay maipatupad sang-ayon sa ating pambansang interes," Roxas said.

Statement of Senator Mar Roxas on Senate's motion for reconsideration re: Neri Case

“I support the Senate’s move to file a motion for reconsideration before the Supreme Court. It is the best means to clarify the true intent of the high tribunal in ruling in favor of the President in the Neri case.

“However, I stand by my view that the Senate should have considered the earlier compromise proposal of Chief Justice Puno. It was a missed opportunity to ask Secretary Neri more questions other than the first three that were already deemed sub judice.

“The effect of this ruling will undoubtedly reveal itself as the Senate initiates hearings on other alleged anomalies such as the so-called ‘swine scam’ and South Rail project.”

Transcript of interview with Senator Mar Roxas on DZMM’s ‘Dos por dos’

On the possibility of a Supreme Court reversal in the Neri case:

MAR: Palagay ko mahirap nang palitan pa nila yung kanilang desisyon. Ibig sabihin na dalawa o tatlo ang magbabago ng isip. Iyon ang dahilan kung bakit noong simula pa ay talagang masugid nating minungkahi na yung maganda sana ay yung ‘compromise’ na kung saan inutusan ng Korte Suprema si Neri na humarap doon sa Senado at matatanong namin siya ng isanlibo o dalawanlibong katanungan bukod lamang doon sa tatlong subjudice. Ang sabi ng Korte Suprema noon na itong tatlong katanungang ito ay subjudice na, ‘nandito na sa amin so bigyan niyo kami ng respeto na madedisisyunan namin ito. Samantala, kung may gusto pa kayong tanungin sa kanya e tanungin niyo na siya at ng sa ganoon mahuhusgahan namin yung konsepto ng executive privilege hindi lamang batay dito sa limitadong tatlong katanungan pero kasama na lahat pa ng iba pang sasabihin ni Sec. Neri executive privilege.

Q: Saka ang tingin po ng iba diyan eh parang binigyan na kayo ng tip o cue ni Chief Justice Puno na ganito ang magiging desisyon nito.

MAR: In fact, kung titingnan nyo ngayon yung desisyon na inilabas ng Korte Suprema, yung dalawa o tatlo doon sa dissenting opinion, doon sa minority sa Korte Suprema, sila yung mga tumulak nitong compromise na ito. Siguro basa na nila yung botohan sa loob kaya sinabi nila para mabigyan ng pagkakataon na matanong si Neri, ‘tanggapin niyo na ito.’

Q: So, ibig nyong sabihin Senator Mar, nagkamali o nagkulang ang Senado doon sa pagharap sa problema?

MAR: Well, mahirap na mag finger pointing, pero ang alam ko lang yung posisyon ko noon ay tanggapin natin ito. Siguro ang bawat isa naman ay maaaring magpaliwanag sa kanilang desisyon.

Q: Yung compromise na inaalok ni Chief Justice Puno ay mukhang higit na masasapol doon ay ang Malacañang.

MAR: Actually, yung nasapol ang paghahanap natin sa katotohanan. Iyon ang parang one step back, three steps forward. Biro mo si Neri mauutusan na humarap doon at sumagot sa kahit ano pang itatanong namin. Sa ngayon, hindi na haharap si Neri at parang nawalan pa kami ng kapangyarihan na ipaaresto siya. Parang toothless na yung pag-iimbita dito sa mga guest natin.

Q: Sinasabi ninyo na parang malabo, mahihirapan ang motion for reconsideration. Ano ho ang pinakamagandang gawin ngayon?

MAR: Una, yung mga bahagi ng hearing na mukhang malinaw na ang larawan katulad doon sa abduction ni Jun Lozada, ay maaari nang tapusin at isulat na ung bahagi na iyon. Dito naman sa ZTE proper, yung kontrata mismo, palagay ko masasabi na rin natin na talagang bumaligtad ang NEDA magmula noong Oktubre 2006, na sabi nila dapat hindi gov’t guarantee, dapat hindi utang, dapat BOT, dapat private sector. Sa loob ng tatlo o apat na buwan ay nabaligtad lahat ito. Iyon ay malinaw na malinaw din. Yung pagka-overprice nito, yung testimonya nung tatlo o apat na mga witness ay nasa record na rin lang at masasabi natin na mula sa private sector ay makakakuha pa tayo ng iba pang mga valuation na magpapatunay na talagang sobrang mahal ito.

On the food crisis:

MAR: Dito sa larangan ng pagkain matagal na nating sinasabi na may problema tayo ang problema dito sa atin ay imbes na hinarap ng ehekutibo, imbes na hinarap ng Malacañang na talaga namang may problema tayo either sa supply o kaya sa pagtaas ng presyo, ano sinagot nila? Nag-grand standing lang yang mga iyan. ‘Wala talaga tayong problema pero tataas ang presyo.’ E kaya hindi maintindihan ni Juan dela Cruz yung kalagayan natin ngayon kasi hindi tayo nagpapakatotoo. Ano ba talaga? Noong tayo ay DTI [Secretary] ang bigas ay nasa 20 hanggang 22 pesos lang eh ngayon ay pumapatak na 28 hanggang 30 pesos. Bakit, kung wala namang shortage, bakit tumataas iyon? Inaamin ba ng ehekutibo may price manipulation? Inaamin ba nila na wala silang magawa sa hoarding? Inaamin ba nila na policy talaga nila na pamahalin ang presyo ng bigas? Kung wala tayong shortage, hahayaang tumaas ang presyo, dapat may dahilan yan. At ano ang sinasabi nila? Wala naman e. So, dapat magpakatotoo tayo. Ok lang sabihin na may problema tayo nang sa ganoon makapagsama-sama, tulung-tulong, maghanap ng lutas dito sa problema.

Q: Makapagsasagawa pa ba ng imbestigasyon ang Senado sa mga binanggit ninyo?

MAR: Maari naman siguro magpaimbestiga pero titingnan natin ngayon kung dadalo o anong datos ang dadalhin. Palagay ko makikita natin ngayon yung sinseridad ng ehekutibo para malutas itong mga problema na ito. Yung sa ZTE, o sige isantabi natin yan. O dito na lang sa bigas, palagay ko lahat naman ng ating mga kababayan naghihikahos doon sa sobrang pagmahal ng bigas. Dito sa mga farm inputs, pinag-aaralan natin ngayon iyan, lalong-lalo na yung seeds. sobrang mahal ngayon ng mais, sobrang mahal ngayon ng kopra at oil na ginagamit na substitute sa feeds ng mga hayop. Eh lahat yan sooner or later sa manok at baboy mag-rereflect na rin iyan. Pero ang importante dito ngayon ay huwag lang tayong tapon ng tapon ng pera.

Sa nakaraang food summit, more or less 50 billion pesos ang naka-earmark sa pagharap nito. Unang-una, bagong pera ba iyan? Dagdag ba iyan o yung dating pera na ng agri na ni-repackage lang para sa photo-op? Ano ba itong pera na ito? Saan nanggaling ito? Saan ilalagay ito? Eh kailangan magkaroon muna tayo ng masusing analysis kung ano talagang problema ng sa ganun yung pera natin na limitado ay malagay natin doon sa tamang lugar, hindi lang tapon tayo ng tapon ng pera na sa katapusan wala rin tayong nagamot.

Roxas warns gov't against excessive secrecy

Senator Mar Roxas warned the Government against excessive secrecy in the treatment of routine information with no bearing upon national or diplomatic security, saying that placing capricious limits to the people’s access to public information violates the Constitution and weakens the principle of democratic checks and balances.
“It is unfortunate that our government habitually withholds routine information from the public just as the executive continues to use and abuse the claim of ‘executive privilege’ to further clamp down on information vital to the fight against corruption and general public discourse needed for democratic governance,” he said.
“Kung wala namang itinatago, walang dapat katakutan. Pero mukha yatang ang policy ngayon ng administrasyon ay ‘minimum disclosure,’ ” he added, citing a report by the Philippine Center for Investigative Journalism on recent moves of the government to restrict public information.
Roxas said the executive could show its sincerity in addressing corruption by supporting his Senate Bill No. 109, the proposed Free Information Act.
“Oras na para pagtibayin ang karapatan ng mga mamamayan sa malayang impormasyon. Ang impormasyong ito ukol sa kung paano pinapatakbo ang gobyerno at paano ginagasta ang perang pinaghirapan nila ang siyang magbibigay ng ‘empowerment’ sa ating mga mamamayan laban sa mga pang-aabuso,” he said.
“We need laws such as the Free Information Act to promote transparency and accountability and empower Filipinos. Once enacted, the law will sharpen the checks and balances needed for democracy to be stable and strong,” Roxas said.
The bill requires all government agencies to respond to all requests for information within two days. Only requests for information pertaining to national security, diplomatic relations and similar matters can be refused.

Roxas has also filed other bills in the interest of transparency: amendments to the Government Procurement Reform Act to clarify that even executive agreements are subject to public bidding; and to the Overseas Development Assistance Law to require all foreign assistance-funded projects to be ratified by the Senate.

Roxas noted the continued refusal of the Government to present to the Senate the NEDA-ICC documents pertaining to the controversial NBN project, claiming “executive privilege.”
“These documents of the NEDA have always been open to the public, and for good reason: these NEDA-approved projects use public money. Paano na natin malalaman kung paano ginagamit ang pera natin?” Roxas said.
The Liberal Party President and Senator Noynoy Aquino, a fellow LP stalwart, have filed a petition with the Supreme Court for the executive to produce the NEDA-ICC documents.

Sen. Roxas' statement on the appointment of Supreme Court Justice Arturo Brion

“The appointment of Secretary Arturo Brion to the Supreme Court is well-deserved. He has a clean record of public service and is well-respected in legal circles.”

“Given Justice Brion's unblemished record of public service, I am hopeful that he will fulfill his new mandate competently, fairly and with absolute fidelity to the Constitution.

“He should be given the opportunity to prove himself true to his oath.”

Transcript of interview with Senator Mar Roxas during NBN hearing lunch break

On Leo San Miguel’s testimony:

MAR: I’d like to know what he has to say about the allegations of Madriaga. Basically Mr. San Miguel was invited here because Mr. Madriaga mentioned him 20, 30 times in the course of his testimony. According to Mr. Madriaga, Leo San Miguel this, Leo San Miguel that, so we deemed it proper to invite Leo San Miguel to find out exactly what his role was. Now it appears Mr. San Miguel is refuting what Mr. Madriaga said, so it would be a ‘he-said she-said,’ and we’ll try to find out now what Mr. Madriaga has to say, does he have proof or not, and then we take things as they are. Para sa akin, may sinabi si Mr. San Miguel na mukhang okey, pero marami rin siyang sinabi na hindi kapani-paniwala. Halimbawa, sinabi niya na anim, walong beses sila nagkita ni Chairman Abalos na wala namang pinag-usapan, parang hindi kapani-paniwala iyan. Sinabi niya na nasa teknikal lang siya, wala siyang alam, pero sa lahat ng mga biyahe sa China, kasama naman siya.

Q: Mr. San Miguel claims it isn’t his signature in documents presented by Madriaga.

MAR: That’s why it will be a ‘he-said she-said.’ There is forensic technology to find out if a signature was lifted by photocopy and transferred to another document, or whether in fact it was part of the original document. So I’m sure that for all of these things, the Senate will pursue to their logical conclusions.

Q: From Mr. San Miguel’s testimony, it appears that ZTE was trying to keep this transaction off books.

MAR: Well it is quite unusual. Mr. San Miguel said he was working as a consultant for ZTE. It’s a publicly listed corporation, it’s unusual for corporations such as this to be transacting in cash, particularly for a project as large and as important as the ZTE contract, $330 million. Second, Mr. San Miguel said that he would be receiving a success percentage if the transaction went through, but this is normally embodied in some sort of agreement, which Mr. San Miguel said does not exist, there is no such agreement. So parang nagiging free agent-entrepreneur si Mr. San Miguel, Mr. Madriaga, lahat nakapaligid dito sa kontratang ito, at either through balato, commission or ‘tong-pats’ ay makakabahagi sila kung maisakatuparan nga itong kontratang ito. It’s very unusual to have success fees, fees that are paid out on a regular basis without any kind of documentation.

Q: What would make a company want to keep this off-book?

MAR: Maybe it’s because they have not figured out what to do, these are all speculative. Maybe this will not fare well if their auditors looked into this, we must remember that ZTE is a publicly-listed company, and today, if you were a shareholder of ZTE, you can actually file an inquiry in Hong Kong with the anti-graft body there, which is quite strong, to say, ‘look at this company, it’s publicly listed here in the Hong Kong exchange, and they seem to have off-books cash transactions with entities that are not registered, have not paid any tax, have not paid any kind of documentation from government agencies and the like, and that would already be a cause for complaint in Hong Kong.

Q: Share prices of ZTE don’t seem to be particularly affected by the controversy. Are you saying this is because of no similar inquiry in Hong Kong?

MAR: Not necessarily. All I’m saying is that ZTE, with respect to the Philippines, whether going through with it or not, may not have been factored into the stock price of ZTE in Hong Kong. What would be important is if we were really serious in anti-graft and anti-corruption, we could, through the Hong Kong anti-corruption body, be able to file an inquiry. Why is ZTE in fact engaging in these practices here in our country? Did Mr. San Miguel pay VAT on this P150,000 per month? Did he file any kind of income tax return, or any kind of government papers relative to this? What about the 2 ½ percent that he was talking about as a success fee? Is this something that ZTE acknowledges on its side or not? So all of these questions are what makes his testimony contradictory. Parang hindi kapani-paniwala dahilan sa, on one hand, may mga sinasabi siyang kasama siya sa transaksyon, pero on the other hand, wala siyang kinalaman. So it does not smell good. Binasa na, kung in fact na kasama ba siya, kasabwat ba siya o hinde. You can not have it both ways.

Q: But would this actually affect ZTE’s stock prices?

MAR: I don’t know. I don’t know the size of ZTE’s business, what its total revenues were. $330 million might look like a lot, but in the larger context of things, it might not actually be too much. Maybe the market has already discounted or already factored in the fact that the contract was discontinued or canceled, so there would not be much impact on earnings and so therefore on prices.

Q: Would the Senate have the personality to file suit in Hong Kong?

MAR: This really goes to the heart of the issue, which is, how serious is the executive branch in getting to the bottom of this. On one hand the executive says they want the truth, they want disclosure relative to this, they have nothing to hide, and then on the other hand, they’re withholding information, not allowing witnesses to show up, or not actively engaging in ferreting out the truth, doing things to obstruct, impede or otherwise not allow the truth to come out. So what is it really? And this is at the heart of the issue – the credibility or the lack of credibility problem of the current administration.

On Neri not appearing in today’s Senate hearing:

MAR: For the record, naniniwala ako na dapat tinanggap namin ang proposal ng Supreme Court. Ang sinasabi ko ngayon ay hindi nag-iiba doon sa last week. Noong gabi sa Supreme Court oral arguments, hanggang sa Senate caucus, hanggang after the caucus, nanindigan ako, at malinaw... Imbes na itong circus na ito, si Neri na dapat ang tinatanungan natin. Bakit, tatlo lang ba yung maitatanong natin? Ako, isanlibo ang pwede kong itanong e. At lahat ng ini-invoke niyang executive privilege ay pwede isama sa pagdedesisyunan ng Supreme Court.

Senator Mar Roxas' statement on Senate's rejection of SC compromise formula

“I ask my colleagues to reassess their decision. Is it more important to assert the Senate's power of arrest than working out with the Supreme Court the intricate issues surrounding Executive Privilege?

“I also have strong feelings about the need to uphold the Senate's institutional independence and autonomy, especially at this time when it remains as one of the last bastions of accountability. But these are extraordinary times requiring extraordinary solutions that may demand flexibility and inter-branch consensus.

“It is rare for the Supreme Court to propose such a compromise to help both itself and the Senate to resolve a dilemma, sharpen the issues and lead the people to a proper understanding of the legal and political landscape. Unlike the executive branch, it is apparent that the SC acted on good faith in offering this compromise.

“We must work together with the Supreme Court to remove all obstacles to arrive at the truth soonest and enforce public accountability with an administration that is already reeling from high levels of mistrust from our citizenry.

“Let us not summarily reject a legitimate compromise with the High Court that would ultimately cast light on the intricate issue of Executive Privilege, especially as it impinges upon the commission of a crime, covering up a crime, or the imperatives of national security and high diplomacy.

“Our most immediate objective is to have former NEDA Secretary Romulo Neri testify in the Senate and strengthen the thread of stories already credibly told by Jun Lozada.This is logically the next chapter in the Senate probe and should not be delayed at the risk of more public disillusionment.

“Yes, we are not assured that Neri, this time around, will tell the whole truth. However, we leave it to his conscience to block the truth through executive privilege. Justices of the SC have clearly stated that this presidential privilege cannot be used to cover-up a crime.

“The ZTE-NBN debacle has opened a learning process for Philippine democracy and let us grasp every opportunity to make the system work. Because if we do not, the result is a nation in a state of paralysis, with three branches of government preoccupied with the multi-million dollar ZTE scandal.”

Thursday, March 6, 2008 | posted in , , , , | 0 comments [ More ]

Roxas: Search for truth steadily moves forward

Senator Mar Roxas said the search for truth behind the National Broadband Network (NBN) controversy is “steadily moving forward,” with the Supreme Court offering a solution to the gridlock between the legislative and the executive due to former NEDA chair Secretary Romulo Neri’s invocation of executive privilege in Senate hearings.

Roxas, co-chair of the Joint Senate Committees probing the NBN deal, said he believes the high court offered a “reasonable and practical way forward” by offering a compromise: to let the former Socioeconomic Planning Secretary Neri appear before the Senate, but the “three questions” where Neri previously raised executive privilege would be “deemed asked.”

“I find this a reasonable, practical way forward. This is an assertion of the Senate’s right to call on resource persons in the conduct of its hearings. It also prescribes a sound process for the Court to look at how the Office of the President uses executive privilege,” Roxas said, adding that this spares everyone the need to keep coming back to the Supreme Court for guidance every time executive privilege is invoked.

“I appreciate the desire of the Supreme Court to prescribe a fair and transparent process in anticipation of further questions that Secretary Neri will likely refuse to answer. Dahil malinaw ang proseso, lalong titibay at lalalim ang resulta ng hearings ng Senado,” he said.
Roxas, Liberal Party President, hopes that this compromise will reveal more facts that have yet to be uncovered due to Secretary Neri’s non-appearance in subsequent hearings. Neri had testified that he discussed with the President the alleged attempt of former Commission on Elections Chairman Benjamin Abalos to bribe him with P200 million to facilitate the NBN project.

“We hope that Secretary Neri will supply more missing pieces in the jigsaw puzzle. It is now his turn to show he is worthy of the considerations given to him and not botch this opportunity to come clean,” he said.

“Kataka-taka na kahit ang mismong abogado ni Secretary Neri ay hindi pa nakikita ang kontrata ng ZTE deal at hindi alam ang proseso na pinagdaanan nito,” he said.
He said the Liberal Party, whose members were present in Tuesday’s oral arguments, will continue to be vigilant and will continue to call on the President to “save the Republic” by allowing the truth to come out.

The compromise deal, which was discussed in a closed-door session late Tuesday night among the Supreme Court justices, the senators and their counsels, and the counsels of Neri, will be taken up with all senators today to come up with a common stand.

Neri would also be allowed to once more invoke executive privilege in refusing to ask questions, but the Senate will be free to cite him in contempt. The Senate will also be allowed to contest all of Neri’s other claims of executive privilege, for these to be decided once and for all by the Supreme Court.

Transcript of Senator Mar Roxas’ interview on ‘Mornings at ANC’

On the compromise between Senators and Secretary Romulo Neri after oral arguments at the Supreme Court on Tuesday:

Q: What is your reaction to Chief Justice Reynato Puno’s proposal for Neri to attend a hearing on Friday, without being asked three questions pertaining to his conversations with the President on the NBN deal?

MAR: I was there when it was proposed last night, and at about 10:00, we asked to be taken in to the justices’ chamber in order to clarify this. Senators Cayetano, Pangilinan and myself, together with Senators Pia Cayetano and Noynoy Aquino, clarified exactly what the contents of the proposal were, and to a layman, this is basically what it is: The three questions are already before the Supreme Court, Neri having invoked executive privilege. So the Supreme Court is saying: If there are other questions, we will ask these and allow Neri to answer them or not answer them, invoking the right against self-incrimination or executive privilege or whatever, and then if we disagree with those invocations,we take them back to the Supreme Court, for them to decide all these questions including the original three all at the same time. That in essence is the compromise.

In other words, the Supreme Court is saying, “Look, if you’re going to wait for us to rule on these three questions, it might take us a week, two weeks, three weeks, one month, we don’t know.” Meanwhile, no other questions are being asked.” So they said, “Why don’t you already ask all your other questions. Anyway, these three questions are already before us, you have already objected to them, they’re now before the Supreme Court, and we will rule on these three questions. Why don’t you ask all your other questions so that when we rule on these three, we will not only be ruling on these three but on all other invocations of executive privilege that Secretary Neri may do in the course of answering other questions.

We tried to contact our colleagues last night to get a consensus on the proposal, but we were unable to contact many of them because it was already 10:30 at night, so we will present it to the Senate this afternoon.

Q: But aren’t your other questions premised on the first three questions?

MAR: That is possible, but there are also a whole host of other questions that we can ask that are not related thereto or that are leading up to those three questions and the rest. We are not precluded from asking the follow-up questions once the Supreme Court rules on the three questions.

When I went home midnight last night, I sat down and reflected on it, and I thought, what are some of the questions that I will ask? Before I fell asleep at around 1:30 or 2 a.m. this morning, I was able to come up with 30 questions different from the three. So in fact, through your program, let’s ask the citizenry to ask all the questions that you want asked of Neri other than those three, and we will see how many times he invokes executive privilege, how many times he hides behind that cover, so will see whether in fact the invocation is part of a coverup or really a sincere effort to protect private conversations. I myself have 30 questions, I’m sure those listening now might come up with five, ten, 15, 20 questions.Send them all in, you can send them to me, and we will ask them.

Q: Does this mean you’re inclined to accept the compromise?

MAR: The counsel for Neri gave assurances without committing that Neri is agreeable. We in the Senate will present it to the senators this afternoon. From my point of view, as you can imagine, I find this to be a reasonable, practical way of moving forward. We will just present it to the Senate, it’s very easy, yes or no. On the face of it, I think there is basis to be confident that we will agree.

Q: Would you really need to furnish the Supreme Court all these questions? Won’t it prolong the process?

MAR: It really doesn’t. Let’s say we don’t agree to the compromise. Basically the Supreme Court takes one month, so it’s also prolonged for another month. If they rule on the three questions a month from now, when Secretary Neri once more appears, and we ask him a fourth question, he will invoke executive privilege and we will go back to the Supreme Court.

In generality the Supreme Court is saying you can not use executive privilege to cover up a crime, but they were also quite firm in saying the invocation of executive privilege is on a case-to-case basis, question to question or specific conversation to conversation basis. It can not be just “What did you talk about?” open-ended. That’s why rather than risk every question going up to the Supreme Court, on whether this is covered by proper executive privilege or not, the Supreme Court is saying “Ask all your other questions, not just the three questions but 20, 50 questions upon which Secretary Neri invoked.”

Q: How will the Senate decide this afternoon?

MAR: We will be consensus-building, but I understand we will be going into a caucus shortly after session starts. By the way, last night, we already had 12 [senators], but it was a very soft 12, because it’s very hard to convey on telephone what the parameters of the compromise were, so we decided that rather than agree based on a soft 12, let’s present it to everyone, make sure everyone agrees so that we have a firmer agreement that we can bring to the Supreme Court. Assuming that this is accepted this afternoon, and there is agreement with Secretary Neri, Friday is the scheduled appearance [of Neri].

Sen. Mar Roxas in Supreme Court for oral arguments on Neri's petition

Senator Mar Roxas and the Senate's counsels march to the Supreme Court to defend the people's right to know the truth behind the anomalous National Broadband Network (NBN) deal. Roxas co-chairman of the Joint Senate Committees investigating the ZTE-NBN anomalies, said he believes that the Supreme Court will not side with attempts to conceal a crime committed against the people.

With him are Attorneys Jose Anselmo Cadiz and Carlos Medina, counsels of the Senate during the oral arguments on Tuesday on the executive privilege claim of former Socioeconomic Planning Secretary Romulo Neri over his conversations with the President regarding bribery attempts in relation to the ZTE-NBN deal.

Liberal Party stalwarts attended Tuesday's oral arguments before the Supreme Court on the executive privilege claim of former Socioeconomic Planning Secretary Romulo Neri over his conversations with the President on bribery attempts in relation to the National Broadband Network (NBN) deal.

Aside from Senators Mar Roxas and Rodolfo Biazon—who chair the Joint Senate Panel investigating the NBN with Senator Alan Peter Cayetano—also in attendance are: Senator Benigno "Noynoy" Aquino III, (second row) Cavite Rep. Joseph Emilio Abaya, Iloilo Rep. Niel Tupaz, Jr., Oriental Mindoro Rep. Alfonso Umali and former Bukidnon Rep. Nereus Acosta. Liberal Party Chairman and Former Senate President Franklin Drilon, who is not in the picture, also attended the oral arguments.


Senator Mar Roxas and Senators Alan Peter Cayetano and Rodolfo Biazon, co-chairmen in the Joint Senate Committees investigating the anomalous National Broadband Network (NBN) deal, are preparing for oral arguments before the Supreme Court on Tuesday on the executive privilege claim of former Socioeconomic Planning Secretary Romulo Neri over his conversations with the President on bribery attempts in relation to the ZTE-NBN deal.

Roxas said he believes the Supreme Court will not side with attempts to conceal a crime against the people. Also in attendance during the oral arguments are Liberal Stalwarts Senator Benigno "Noynoy" Aquino III, former Senate President Franklin Drilon, Cavite Rep. Joseph Emilio Abaya, Iloilo Rep. Niel Tupaz, Jr. and Oriental Mindoro Rep. Alfonso Umali.

Transcript of Senator Mar Roxas’ interview in ANC’s Dateline Philippines

Q: What are your expectations in this afternoon’s oral arguments?

MAR: We are petitioners here in this case to define really when Executive Privilege can be properly used. As it is right now, we believe that Executive Privilege is being used to cover up information or to keep information from coming out to the public relative to the anomalies of ZTE-NBN.

Q: Sir, while Senators are coming in full force, we receive word from the lawyer of Secretary Neri that he will not be attending this afternoon’s proceedings, your reactions to that, sir?

MAR: Well, it’s up to him. We are here to fight for our right, our right to know the truth, our right that Executive Privilege not be abused in order to cover up anomalies, our right to ensure that the public interest prevails over personal or individual interests.

Q: Why is it significant Senator Roxas for the Supreme Court to be able to decide on this matter as soon as possible, would you asked SC to decide on this case within the day?

MAR: Well, we don’t expect that they’ll decide this within the day but we would expect and we would hope that they will decide this at the soonest time, in order to avoid precisely the stalemate or the deadlock as between the executive branch and the legislative branch. We have the beginnings of a Constitutional crisis here and this is all burn out because the executive will not release information that properly belongs to the public domain. This information, for example, is the NEDA transcripts on how they were able to decide to go ahead with this NBN-ZTE deal even if it is the complete opposite of what the President herself said was the policy of the government, as recently as October before the approval of this. At that time when the President said that it must be BOT, there must be no government loan, there must be no government guarantee, and the government must not be the principal customer of this project. And then, four or five months later, Abrakadabra bumaliktad na ito. Naging government project ito, nagging government utang ito, nagging may government guarantee ito, at government ang siyang pinakamalaking customer nito. Ano ang nangyari? Anong mirakulo ang nangyari na napaligtad itong government policy na ang Pangulo ang mismong nagsasabi, dumedepensa noong Oktubre at noong pagdating noong Pebrero at Marso ay nabaligtad na?

Q: The discussion on the policy of the government in terms of the ZTE-Broadband deal is actually what Sec. Neri is saying as included in the privilege communications between him and the President which is apparently the Senate is contesting.

MAR: We are contesting that because what possible military, diplomatic or national interest can be protected here? This is a conversation as between Sec. Neri and the President when Sec. Neri informed the President that a bribe was offered into him. So there is no diplomatic, or military, or national interest here. He reported a crime under our Penal Code, the attempted bribery is already a crime. He reported the crime and we wanted to know what’s the President’s response and what was the President’s reaction relative to that report of the crime, that’s the first. Second, what were the deliberations in NEDA? What was the recommendation? What were the considerations that were made that a government policy was overturned in a matter of months in order to accommodate a contract that we are now seen as imbued with anomaly.

Tuesday, March 4, 2008 | posted in , , , , , , | 0 comments [ More ]

Roxas: Supreme Court can act to pull country out of statis

As the people’s call for truth and accountability rings all over the country, Senator Mar Roxas said that it is now up to the Supreme Court to pull the government and the country out of the political stalemate ensuing out of the National Broadband Network (NBN) deal.
“The government—the most potent force to bring change to the lives of people—is locked in a stasis. The three branches of government are now caught in the mess that is the ZTE broadband deal,” he said.

“Sinimulan ito ng ehekutibo, na ngayo’y itinatago ang dumi sa ilalim ng kama. Ang lehislatura, sa pamamagitan ng Senado, inuungkat ang katotohanan. Ngayon, ang Korte Suprema ay kinakailangang magdesisyon para ituwid ang sitwasyon at ibalik sa ayos ang pamahalaan at ang bansa,” he stressed.
He continues to be optimistic that the Supreme Court will decide in favor of the truth and accountability. Roxas, with his co-chairmen in the Senate’s investigation into the NBN, has sought the court to nullify the erroneous invocation of executive privilege by former Socioeconomic Planning Secretary Romulo Neri.
“After hearing all the oral arguments, we hope that the Supreme Court will lift the status quo ante order, which will then lead to Secretary Neri’s appearance before the Senate. Kung ano ang sabihin ng Korte Suprema, iyon ay batas,” he said.

“Secretary Neri can always bank on the Senate’s assistance for his security once he is compelled to testify,” he added.
The co-chairman of the Joint Senate Committees investigating the NBN scandal, said that the administration’s preoccupation to stonewall the truth has also put the economy and the general welfare at risk.
“The Cabinet is also too preoccupied with managing the Palace stonewall that they have then failed to look after the people’s needs. They have also led economic activity to lean on the side of caution,” he said, noting that bankers are now demanding higher interest rates for treasury bills.

“Ang presyo ng langis, patuloy pang tumataas, pero walang nagagawa ang pamahalaan para pigilan ito. Itinaas pa ang taripa sa krudo! Gayun din ang presyo ng mga bilihin, tulad ng pan de sal, na inanunsyo nang tataas ang presyo,” he added.
Roxas renewed his call to the President to “save the Republic” by telling the truth; revoking Executive Order 464 and ordering all her officials to attend the Senate hearings and submit all documents on the ZTE-NBN deal; and replacing the Ombudsman with a person of credibility and independence.

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