DAVAO CITY (MindaNews / 13 November) – The president of Centrist Democracy Political Institute (CDPI) lamented the death of the “idea of federalism” in the Philippines, but urged fellow Mindanawons to “concentrate on how to make the BARMM (Bangsamoro Autonomous Region in Muslim Mindanao) successful” because “Mindanao’s revenge against imperial Manila is for BARMM to succeed.”

Lito Monico Lorenzana, CDPI President, Chair Emeritus of Kusog Mindanaw and a columnist of The Manila Times, said there must be a “criteria of success” for the BARMM because while it is “not federalism per se,” it can be the “start of something that may produce federalism.”

“I am sorry to say that we federalists are a dying breed. More importantly, our idea of federalism is dead. Is dead. Please don’t send flowers,” Lorenzana said during the panel on the Roadmap for Federalism as a Mindanao Agenda, at the Kusog Mindanaw Conference on Friday, November 11.

The high level panel, with fellow federalist, Datu Michael Mastura, former congressional representative of Maguindanao and President of the Sultan Kudarat Islamic Academy, was tasked to “explore current developments and prospects in the House and the Senate on charter change particularly in the proposal for the shift to a federal system (and) generate steps that Mindanao advocates may take to help advance federalism.”

The other panel members — Senator Aquilino Pimentel III, Senate Majority Leader under the Duterte administration and now Senate Minority Floor Leader in the Marcos, Jr. administration, and Rep. Rufus Rodriguez, chair of the Committee on Constitutional Reforms – failed to attend the conference.

Lorenzana recalled how his fellow federalists, the late Abulkhayr Alonto and Reuben Canoy, opted for a Mindanao Independence Movement but noted that “if that caught fire, we would have been a federal Mindanao.”

“The problem is we compromised. When we were in the cusp of an independent (Mindanao),” the national government feared it would lose the country’s food basket and resource-rich area so it compromised, paving the way for the Autonomous Region in Muslim Mindanao (ARMM) and later the BARMM, which Lorenzana described as “panakip butas” (substitute or replacement).

Duterte dropped the ball

“Federalism as we envision it is dead,” Lorenzana stressed, adding that there was already a President from Mindanao “who went to win because of federalism, after which is he dropped the ball” and there is a President now, who ran under the Partido ng Federal ng Pilipinas but has not said anything about federalism.

Mastura noted how Duterte “started very well with that promise” of amending the Constitution to allow for a shift to the federal system of government from the Presidential-unitary system. “But he (Duterte) did not pursue it.,” marking the “death of the federal advocacy.”

On the fate of the federal advocacy under the Marcos, Jr. administration, Mastura said: “This president now… what is his party? Federal. Is he talking about federalism? Not yet, I think never. So what do we do with him? So am trying to rabble-rouse here. You know I am a rabble-rouser. Always been.”

Mastura had advocated for a federal system while a delegate to the 1971 Constitutional Convention.

He said he hopes Marcos “will pick up this idea of a federal set up immediately, while he is new in office.”

Lorenzana said he does not see a silver lining, that they are “all frustrated” but hopes that from that frustration would emerge a seed of hope.

“That seed of hope is beginning to take ground. Or is that true?” he said, noting how the actor Robin Padilla, now a Senator, is “on the right path” but has not called on the federalists to explain federalism to him.

“That guy never understood the wealth of wisdom between Mike and I for example… Robinhood has not even thought of talking to us. So, do you really think the guy will understand what federalism is? No, now if we have people like that in the highest echelon of government and does not even talk to those who understand federalism, then federalism is dead,” he said.

Lorenzana’s other woes are “there is no debate on federalism now” and “we have a President who ran under Federal and who does not know how to spell federal. Federalism is dead.”

Lorenzana in the latter part of his speech said he sees silver linings and “the silver linings here are the people.”

Criteria for success of ‘good governance’

He said focus should now be on how to make BARMM succeed and a criteria of success of good governance in the BARMM must be made.

Among the “good governance” criteria he proposed are to “elevate” the poor in the region that hosts the poorest of the poor provinces by using simple poverty alleviation measures, peace and order, economic growth and food security.

“Talk about simple infrastructure build up … talk about how you can harness the OFW remittances, Simple things and that is how the BARMM will come up with something that is based on good governance” as this will “lead towards self-governance which is really the root of federalism “

Vice President and Education Secretary Sara Duterte, who gave the keynote address in the conference that morning, narrated her experience in Paquibato, Davao City which was heavily influenced by communist rebels before.

“The antidote to war is good governance. And good governance builds public trust,” she said. “That is something that I learned sa Paquibato. Good governance breeds public trust. When people see government officials working with integrity, with professionalism, and dedication to public service — they no longer see sense in causes that espouse violence.”

“Free of all the ills of governance”

At the turnover from ARMM to BARMM on February 26, 2019, MILF chair Al Haj Murad Ebrahim, who would be referred to by his real name, Ahod Balawag Ebrahim while serving as interim Chief Minister, vowed the region would be ruled by “moral governance,” a government that will “really be free of all the ills of governance.”

“Now we acknowledge that we are entering another level of our jihad. Our jihad will be more intense and more challenging, our jihad firstly will be against our own self,” Murad said, adding “our enemies are all the ills of governance… our enemy is graft and corruption, our enemy is the manipulation of government, our enemy is nepotism, our enemy is all those ills of government.”

In his inaugural address on March 25, 2019, Murad said: “Our leadership over the BARMM and the BTA (Bangsamoro Transition Authority) is an Amanah, a trust given to us and a responsibility for which we have to account for. Let us always be conscious of the day when we shall be asked of how we fulfill the trust and discharge the responsibilities.”

At the Kusog Mindanaw conference, calls were made for more transparency and accountability in the BARMM amid criticisms that some officials are engaging in “the ills of governance.”

BAGUIO CITY: The House Committee on Local Government has approved House Bill (HB) 3267 authored by all Cordillera district representatives that seeks to establish the Cordillera Autonomous Region (CAR).

However, the panel led by Valenzuela First District Rep. Rex Gatchalian referred the proposed autonomy law to the House Committee on Appropriations and the Committee on Ways and Means for the approval of the financial aspect of the measure.

The approval of the bill on the committee level was done in the physical and virtual presence of the authors Abra Rep. Menchie Bernos, Apayao Rep. Eleanor Bulut-Begtang, Baguio City Rep. Mark Go, Benguet Rep. Eric Yap, Ifugao Rep. Solomon Chungalao, Kalinga Rep. Allen Jesse Mangaoang and Mountain Province Rep. Maximo Dalog Jr.

During the early stages of the proceedings, Gatchalian was inclined to order the creation of a technical working group that will look into the contents of the proposed autonomy law as he was of the impression that it was not passed on third reading during the 18th Congress.

But Mangaoang invoked Rule 10, Section 48 of the internal rules of procedures of the House, which provided that if a bill that was approved on third reading in the previous Congress will be refiled and will not be contested by any member or resource person, the same can be immediately passed by the concerned House committee dispensing of the deliberations as it is presumed that the matters have been extensively deliberated upon by the members of the House.

He added that the authors will work closely together to lobby for the immediate passage of the proposed measure with the House Committee on Ways and Means headed by Albay Second District Rep. Jose Ma. Clemente "Joey" Salceda and the House Committee on Appropriations led by Ako Bicol Rep. Zaldy Co.

The Kalinga lawmaker pointed out that the early passage of the bill in the committee level will allow the authors to have the time to work with President Ferdinand Marcos Jr. for the issuance of the important certification that this is a priority administration measure so that both chambers of Congress will act on the proposed measure with dispatch.

On Aug. 8, 2022, all the Cordillera representatives filed HB 3267 that seeks to create the CAR to ensure there will be sufficient time for it to be acted upon by the concerned committees tasked to render their approval of the measure, especially the financial provisions of the bill.

Last May 30, 2022, the House approved on third and final reading the consolidated HB 10729 seeking for the establishment of the CAR which will be composed of provinces and cities that will ratify the Organic Act during a plebiscite that will be scheduled for the said purpose.

On May 31, 2022, the approved House bill was subsequently referred to the Senate for the supposed passage of its counterpart measure in the upper chamber but it was too late considering that the 18th Congress had adjourned.

Mangaoang asserted that it is now time for the Cordillera to achieve autonomy so that it can catch up with the pace of development of other regions with the crafting of programs, policies and activities by the regional government, which are applicable to the context of the region to guarantee the desired progress for all.

The 1987 Constitution mandates the establishment of autonomous regions in Muslim Mindanao and the Cordillera through the enactment of enabling laws.

THE Senate committee on accountability of public officers, or the blue ribbon committee (BRC), has been the bane of scoundrels and corrupt officials in government. Touted as the most powerful congressional committee, the BRC was created to investigate irregularities in the executive branch, its attached agencies, government-owned corporations and parastatals. But over time, in the mold of traditional politics in this country, it is perceived to have evolved simply into a platform for politicians propelling their personal agenda. The chairman is projected as an alpha senator — appearing to be the equal of — or a wannabe president himself.

The BRC can summon any person in the bureaucracy and from the private sector. However, it does not have the power to incarcerate witnesses and lying resource persons except for contempt of the Senate. But the biggest advantage to the chairperson is his debut to a much wider stage and larger national audience — free publicity at no personal expense — investigating scandals, anomalies and whatever disturbs the equanimity of the powers that be — even those in the oligarchy. In short, there is a strong compulsion to turn this into a grandstanding platform impelled by the glare of TV camera lights, the proceedings dictated more by news deadlines and prime time TV slots, bludgeoning the witnesses, leaving some reputations in tatters. A premium post, pro- and anti-administration demagogues vie for television time allowing them to preen and strut before the cameras. All such investigations are being pursued "in aid of legislation."

Antecedents

The BRC's storied past started during President Elpidio Quirino's administration. Sen. Justiniano Montano of Cavite, Quirino's Liberal Party mate but also a rival, formed a clique — "the little Senate" that proved to be a thorn in the side of the president. This precedent, born out of spite, has since become a tool for a senator who wants his head raised above the rest.

More often than not, there is a bizarre rule of thumb in the BRC hearings: the BRC of a new regime investigates the past regime's alleged anomalies if both are on opposite camps; or the current Senate and the president are "kontra-partido"; or an ambitious senator uses the hearings to advance his agenda, irrespective of their party affiliation or alliances.

Among the celebrated BRC investigations were the PEA-Amari scam involving the overpriced purchase of reclaimed land in Manila Bay. Then senator Ernesto Maceda exposed it as the"the grandmother of all scams." The anomalous deal occurred during the incumbency of President FVR and his factotum, Speaker Joe de Venecia. Under FVR's successor, President Erap's BRC cohorts investigated the so-called Expo Filipino scam, for allegedly excessive amounts of money poured into the project. FVR was cleared.

President Gloria Macapagal Arroyo has the greatest number of serious BRC investigations, among them the fertilizer fund scam causing the resignation of her agriculture officials; the NBN-ZTE deal that netted the alleged "bagman" her erstwhile Comelec chairman; and the Hello Garci scandal that involved her allegedly rigging election results in her favor.

President PNoy had the Disbursement Acceleration Program (DAP) scam, and the Janet Napoles fund diversion anomalies, and the deadly Mamasapano massacre.

And President Duterte had the immigration and customs bureaus' bribery and smuggling cases; the Dengvaxia controversy; the PhilHealth corruption scandals; and the biggest during his watch, the Pharmally scandal.

Pharmally anomalies

This case is taken here at length for two reasons: the clear and direct defiance of the Deegong, directing his Cabinet not to cooperate with the BRC investigation, and the involvement of foreign nationals at a time of the greatest worldwide emergency situation — the Covid-19 pandemic.

What was established in those unprecedented 18 hearings were: the Pharmally Pharmaceutical Corp (Pharmally), a company with a small paid-up capital of P625,000 and with no track record, managed to corner nine contracts worth P8.68 billion of substandard quality PPE. An attendant anomaly was the illegal transfer of P41.4 billion funds by the Department of Health to the Procurement Service of the Department of Budget and Management (PS-DBM). Behind these transactions was the so-called Davao Mafiosi of Christopher Lao, an obscure lawyer, DBM undersecretary and alleged Sen. Bong Go stooge (SBG denied this vehemently) who was transferred to head the PS-DBM (TMT, Sept 8, 2021).

Hovering over Pharmally was Michael Yang. "This shadowy figure, not even a Filipino, was privileged an appointment as President Duterte's 'economic adviser." (TMT, Sept. 15, 2021).

What added drama to these hearings was the adversarial chairman, Dick Gordon. The man was a master at squeezing the last drop of the hearings' PR content at the expense of the Deegong and his subalterns. At the end of the day, nothing happened! The Deegong's Senate cohorts junked the committee report. The miscreants went back to China. And Senator Gordon lost his reelection bid.

BBM'S folly

Weeks into his administration, BBM run smack into the machinations of his trusted lieutenants, Executive Secretary Vic Rodriguez and spokesperson Trixie Angeles (TMT, Oct 26, 2022) that triggered a BRC investigation headed by Sen. Francis Tolentino, a political ally and former partymate of Duterte. Apparently "...there has been a noted shortage of supply of sugar in the domestic market of the Philippines after a poor harvest for the 2021–22 crop year. This led to the price increase of the commodity and there were suspicions of traders taking advantage of the situation through hoarding. A plan to import 300,000 MT of sugar through Sugar Order 4 was also subject to controversy which led to the resignation of officials of the Sugar Regulatory Administration (SRA).

The BRC hearing arrived at the conclusion that the shortage was artificial and manipulated by big-time traders — and hoarders. Short of sacking officials from Malacañang and the Agriculture department, the powerful SRA remained intact, powerful and probably waiting for the next strike.

'Pricey, outdated' laptops

The second BRC hearing conducted by Chairman Tolentino involved the anomalous purchase of computer laptops for teachers. The Commission on Audit (CoA) has flagged the Education department (DepEd) for spending P4.5 billion. What was curious was the involvement of the DBM-PS — the same conduit for anomalous transactions on the Pharmally investigations. The same modus operandi was used under the Republic Act 11494, or the "Bayanihan to Recover as One Act." The DBM-PS struck again with the questionable procurement of the laptops.

What is unconscionable was the subsequent declaration of Tolentino that "...individuals conspired 'to pocket' public funds allotted for the purchase of laptops for public school teachers for online teaching at the height of the pandemic."

But then he promptly terminated the investigation, saying sheepishly, "It's quite complicated. The conspiracy angle is still there." Tolentino is either too lazy to pursue the investigation to its logical conclusion — or something fishier is in the offing. The good senator was the Deegong's man, and these anomalies happened on Duterte's watch.

BBM can pursue these investigations — using the full force of the law after all the grandstanding. He has enough evidence to push through.

But will he?

SMALL and medium enterprises (SMEs) from the Philippines recently scored big in the Asean Business Awards.

Go Negosyo founder Jose Ma. "Joey" Concepcion 3rd said the Home Healthlink Innovations, Felta Multimedia Inc. and Esquire Financing bested other SMEs from the region in their respective categories.

Home Healthlink Innovations and Felta Multimedia Inc. won the top prizes in the SME Priority Sector Healthcare and SME Excellence in Innovation categories. Esquire Financing romped off with a special award for its role in MSME financing.

They joined other winning SMEs from Cambodia, Myanmar, Indonesia, Malaysia, Thailand, Brunei Darussalam and Singapore.

Concepcion said the local firms' victory demonstrates the innovation and passion of Filipino SMEs.

"There are 71 million MSMEs in the Asean region, accounting for almost all of the total establishments. In the Philippines, these small entrepreneurs also account for a large majority of the total enterprises. Considering their important role in job generation and in our collective economic recovery, we must continue to support them," Concepcion, the Asean Business Advisory Council (BAC) chairman for the Philippines, said in a statement Sunday.

Felta Multimedia President and CEO Mylene Abiva said the recognition is a testament to the company's pioneering excellence in robotics technology education in the country and a reward for introducing new teaching methods, tools and curriculum in both public and private schools.

"Receiving the Asean Business Awards 2022 for SME Innovation is a validation of our emphasis on science, technology, and innovation as a critical enabler for sustainable development, particularly on economic growth, social development, human resource capital, technology-driven jobs revolution and environmental sustainability in Asean," Abiva said.

Home Healthlink's success was attributed to its efforts to provide quality transitional, intermediate, health rehabilitation, wellness, standalone, and palliative care for house-bound patients.

"Receiving this award has only given us more drive and inspiration to continue fulfilling our mission of providing safe, convenient, responsive, cost-effective, and caring hospital-grade medical services from the comforts of one's own home," said Home Healthlink CEO Dr. Sheila Acosta.

Esquire Financing was recognized for providing collateral-free loans for small businesses, becoming one of the country's leading providers of loans to SMEs.

Even during the pandemic, the company continued lending to businesses, and has vowed to partner with the Philippine government to help businesses recover.

Esquire also operates a nonprofit microfinancing arm, Help Foundation.

The annual Asean Business Awards recognizes outstanding and successful enterprises that contribute to the region's economic growth and prosperity.

Concepcion said the Asean Mentorship for Entrepreneurs Network, or AMEN, the legacy project of his chairmanship of the Asean BAC, continues to be actively expanded and sustained across Asean.

AMEN is a public-private partnership platform that supports regional MSMEs through mentorship and training based on modules used by the Go Negosyo program Kapatid Mentor Microenterprises.

Phase 1 of the initiative was piloted in Indonesia, Malaysia and the Philippines while Phase 2 is set to be implemented in the entire region with the support of the Japan-Asean Integration Fund.

The Asean Business Awards is designed to encourage regional cohesiveness and global competitiveness.

MANILA – At least four senatorial candidates of the ruling party, the Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) on Saturday expressed support for the proposed shift to federalism and amendments to the 1987 Constitution.

Senatorial aspirant Astra Pimentel backed the planned shift from the current unitary to a federal form of government, saying it will spur more economic activities and help address poverty and corruption.

The proposed federal type of government is included in the PDP-Laban’s 11-point agenda, Pimentel said in a joint statement.

"Alam naman natin ang (We all know that the) PDP-Laban has dreamed for a country to have federalism for many years already," she said. “And there are many who already expressed their full support to change the form of government and to amend the present constitution because accordingly it should serve the people but the existing law prevents it.”

Pimentel stressed the need to correct the supposed infirmities of the present constitution that “does not truly reflect the aspiration of the Filipinos and averts the government to help people.”

Former chief presidential legal counsel and now senatorial hopeful Salvador Panelo, in the same statement, explained that the shift to federalism would empower and give independence to local government units (LGUs).

LGUs, Panelo said, no longer need to “beg or be at the mercy of an overly centralized government,” once a federal set-up is implemented.

“You have to redistribute powers coming from the national government at ibigay natin sa mga lokal upang maging independent sila (and give it to local governments to make them independent). Mayroon silang kakayahan, mayroon silang sariling development na hindi umaasa doon sa itaas (They are competent and have the ability not to rely on the national government),” Panelo said.

Panelo along with other PDP-Laban senatorial candidates are willing to immediately step down from office in case they win the senatorial race for the immediate implementation of a federal form of government.

Senatorial candidate Rey Langit also expressed support for the proposed shift to federalism, calling it the “right form of government for Filipinos" and that the country is “already ripe” for a federal type of government.

“Maraming butas sa kasalukuyan nating Saligang Batas ang mawawala sa pamamagitan ng federalism (The loopholes in our Constitution will be addressed if we shift to federalism)," he said.

Senatorial hopeful Greco Belgica said there should be “clear-cut reforms” that must be attained if the change in the form of government takes effect.

Pimentel, who served in the government for over 20 years, said she would push for the passage of the proposed Magna Carta for Barangay Officials and the Barangay Reform Act to address the “imbalance among regions.” (PNA)

Last of 2 parts

AMERICAN presidential politics are where we patterned our own, except that in most cases, the Filipino penchant for adopting form rather than substance was the overarching consideration. Thus, when our American colonials imposed on us the presidential-unitary system of government, we incorporated this into the 1935 Philippine Constitution. The 1974 Marcos Constitution subsequently sought to abrogate this model and fashioned a mongrelized version of a strong presidency within a parliamentary system. It was touted at that time that Marcos père idolized the French parliamentary model with a strong presidency – personified by Charles de Gaulle. Thus, in Ferdinand's opus, he introduced the parliamentary system in the Philippines installing himself as the strongman and established the Batasang Pambansa — with Cesar Virata, the technocrat as the prime minister and political castrate.

Cory came in with her 1987 Constitution ambivalent on the populist government to espouse. Rejecting the Marcos prototype, the Cory Constitution reinstated the unitary-presidential system, and along with the core concept of American republicanism and democracy and its integral configuration; the sacrosanct separation of powers associated with checks and balances which were meant to provide each branch of government — the executive, legislative and the judiciary — with individual powers to check the other branches preventing any one branch from becoming too powerful. In our case, the office of the president was constitutionally enhanced evolving as the more powerful branch. Thus, its head, the Philippine president is ascendant and by inference, the people existing within the penumbra of that office.

Executive branch

Briefly, in a republic, the president is the head of state, the head of government and the commander in chief of the armed forces. He is responsible for implementing and enforcing laws emanating from both houses of congress (legislative). Principally, the president runs government through the cabinet, his alter egos, who must have his complete trust and are expected to speak for and in his behalf in their areas of expertise. Such responsibility is a privileged one. I wrote then, "...the bond between the cabinet and the president is no longer a personal one as in — classmates, schoolmates or 'tsukaran.' It has transcended the familiar and morphed into one containing the majesty of the office of the presidency.

"By this precept, both are custodians of presidential prerogatives, prestige and power, adding their own to it to enable the president and them to do their tasks well. The sum of all these is the vaunted fragile political capital of the president with a sustainability dependent largely on a fickle citizenry.

"Cabinet members are heat shields and political lightning rods of the presidency. As such, part of their job is to deflect serious criticism from their respective publics and clientele from the presidency as a result of their official functions. As an efficient conductor of political heat, these honorable secretaries must prevent damage or serious erosion to the political capital of the presidency."

US chief of staff (COS)

In the book The Gatekeepers (Cris Whipple, 2010), the closest person to the American president is his chief of staff (COS). It describes the workings of the American COS of 10 administrations from Presidents Eisenhower to Richard Nixon to Barack Obama, eliciting the salient qualities that make for the desired COS. For this column's purposes, focus is on Nixon's Haldeman, their relationship and how it impacted not only the workings of the office of the president itself but the whole government. From thence, we may draw some features that differentiate the COS from the Philippine executive secretary (ES) — and perhaps adopt the positives.

The antecedents of the COS go back to the time of the President Dwight Eisenhower. Prior to his presidency, he was the top allied general that won the war in Europe. "...Sherman Adams was the first COS and reportedly 'wield as much power as his boss.'" He was in the mold of what Eisenhower has been used to: army chiefs of staff.

Similarly in the Nixon-Haldeman tandem, the latter's proximity to the flawed and vindictive president conferred on him an aura of unprecedented power and in return Haldeman was "...fiercely loyal, selfless and protective of his principal," the most desired trait of a COS.

Haldeman understood only too well that "the president's time is his most valuable asset." This precious presidential commodity should be sparingly expended, resulting in many decisions arrogated by the COS, a double-edged sword at best.

Haldeman was so jealous of his prerogative that none was permitted to meet with the president privately without going through him. The president's time is best used making decisions himself and not presiding over the decision-making process or squabbles of the staff. The quality of a good gatekeeper is the farming of what are major considerations to the president. Minor ones are for the staff to decide upon.

Thus, Haldeman as gatekeeper redefined the job of those that serve the president as one that is "not to do the work of government, but to get the work out to where it belongs — out to the Departments. Nothing goes to the president that is not completely staffed out first..."

It is noteworthy that the Nixon-Haldeman tandem resulted in the biggest debacle of any American presidency, the Watergate break-in, that eventually buried the Nixon presidency.

BBM'S office

It could be portentous that in the first 100 days of BBM's presidency, a period technically the "honeymoon interlude," it was racked by scandals. Many attributed it to BBM's misappreciation of his office or worse, the emergence of character flaws his father noted in that famous June 12, 1972, handwritten note, "...Bongbong is our principal worry. He is too careful and lazy." Perhaps this was just a loving father's apprehensions oover his son's demeanor.

Thankfully, this mess involving ES Vic Rodriguez and spokesman Trixie Angeles was cut in the bud by BBM's other gatekeepers, presidential legal adviser Juan Ponce Enrile and presumably the timely intervention of the wife — Liza — if credence is placed on Palace rumors. Now, a new gatekeeper, retired chief justice Lucas Bersamin, has just been hastily installed.

Not much is known of Bersamin except for his short and not so stellar occupancy of the Supreme Court, obfuscated by his involvement in controversial decisions and ponencias. He voted in favor of the burial of the former dictator in the Libingan ng mga Bayani; ruled in favor of extending martial law in Mindanao; supported the controversial quo warranto case against former president Benigno S. Aquino 3rd's appointed Chief Justice Maria Lourdes Sereno; supported the acquittal of former president Gloria Macapagal Arroyo; and the grant of bail for the imprisoned former senator Juan Ponce Enrile. The last may be significant as Enrile is now the chief legal counsel of the president.

None of Bersamin's qualifications hint on how he will be effective as ES. But considering the early fiascos at the OP, reflective of its inadequacies, the hovering role of a strong wife, who even now is unfairly being compared to the once formidable senior Marcos' wife, Imelda; and the indestructible methuselah of Philippine traditional politics, Enrile; perhaps an adult hovering over BBM and the OP could be a welcome development.

And I hope he reads Whipple's The Gatekeepers — and learns from it!

First of 2 parts

IN light of the sacking of Executive Secretary Victor Rodriguez and Press Secretary Trixie Cruz-Angeles, a portent in presidential politics reared its ugly head marring the newly elected president's smooth accession to power. This peculiar frame of mind was established earlier when a presidential candidate must rely on a special group of his own people with special skills — to win the presidency.

In the Philippines' perverted traditional political environment, where the tools of the trade must necessarily include the use of "guns, goons and gold" to win these high-stakes contests, the advantage lies on this clique of political operators possessed of amoral scruples. This elemental expertise to win elections is in fact a double-edged sword for the candidate who must bank on these competencies making him paradoxically vulnerable.

These are the people the president-elect had relied on for months during the campaign period. Some of them go back a long way, possessing no particular political skills short of being childhood friends, schoolmates, tsokaran, kabarkada, hangers-on and gofers. Upon winning the election, they claim their prerogatives — entitlements for the choice cuts in a menu of government largesse, the spoils of war. They aim for the top chops — Cabinet posts and sinecures. This is expected as these people have delivered on their expertise: win the election at whatever cost and thus claim their prize, and the devil takes the hindmost.

Winning election vs running a country

What is rarely understood is that the dexterity required to win an election is dissimilar in some ways and even in conflict with the capabilities needed to run a government. The former skills are ephemeral and brutish while the latter are more permanent and need a certain sophistication. The immediate concern of any incoming presidency is to discern the type of personal organizational structure that suits him and distinguishes who among his subalterns possess the right qualifications, experience and more importantly the rectitude for his administration to succeed.

Looking decades back, past presidents mistakenly allowed through sheer inertia the accession to important offices of people who during the campaign had the privilege of propinquity, to himself, the spouse and immediate relatives lending their ears irrespective of their suitability or qualifications for the position. While imbibing in the euphoria of an election victory, they invariably routinely reward these subalterns. Some presidents have been serendipitous, installing their campaign operators to a fit in sensitive positions in the bureaucracy and many did well.

Different team to run govt

This was perhaps BBM's failure when at the outset he installed as his executive secretary, his spokesman and a coterie of friends whose qualifications and political acuity are at best dubious. The top position of executive secretary in the Philippine context has undergone drastic changes from the time of Marcos perè when he abolished it and, in its stead, emplaced two senior executive assistants. But it was subsequently reinstated and has evolved to a prestigious standing among the inner circle of power, second only to the president — thus the sobriquet "Little President." In this lamented episode, Rodriguez took the title quite literally, in a fit of megalomania, drafting in fact a special order granting him "a free hand to act as president" (Catherine Valente, TMT, Sept. 18, 2022).

Many who occupied this exalted space brought with them their solid reputation for political perspicacity, organizational and management skills prior to warming the seat. Others grew in the office. To name a few, the first executive secretary Jorge Vargas was handpicked by President Manuel Quezon, followed by Manuel Roxas who became the Republic's fifth president. President Ramon Magsaysay's Fred Ruiz Castro became Supreme Court justice; Rafael Salas and Alex Melchor under Ferdinand Marcos Sr. were management gurus. Presidents Cory's Joker Arroyo; FVR's Teofisto Guingona Jr; Ronaldo Zamora and Ed Angara of President Estrada; Albert Romulo and Ed Ermita of GMA — all were already men of stature.

Sadly, others squeezed through the cracks with shady pretentious repute. I have not met Rodriguez or Angeles and know nothing of their qualifications, excepting their inclusion in BBM's inner circle. But in the few weeks they were in the limelight speaking and acting for and on behalf of the president, and in his absence, one couldn't help being uncomfortable with this nagging feeling that both may have been connected through their umbilical cord of deceit.

Rodriguez was earlier involved in that anomalous attempt at sugar importation, leaving Agriculture undersecretary Sebastian twisting in the wind defenseless at a Senate hearing, the ES denying giving him a written authority to sign for the President in the latter's capacity as concurrent Secretary of Agriculture. As it turned out, Rodriquez really did sign the grant of authority. Spokesman Angeles knew the undersecretary had that authority under the memorandum of designation issued by Rodriguez, yet she corroborated her ES' statements and covered for him "lying through her teeth" (The Manila Times, Mauro Gia Samonte).

But Trixie Angeles had it coming when the new executive secretary, former Chief Justice Lucas Bersamin, turned out to be one of the justices who concurred in the Supreme Court decision slapping a three-year suspension on Angeles for violation of Rule 1.01 of the Code of Professional Responsibility. Bersamin was not going to be caught in the same room as Angeles. She had to go!

Vetting mechanism

These episodes earlier in BBM's administration just simply show the haphazard, lazy, and perhaps trusting nature of the young Marcos. He should have vetted these people thoroughly, including those he allowed in as holdovers from the Deegong's old structure — before endorsing them to the Commission on Appointments.

A vetting mechanism needs to be immediately installed — peopled by persons with expertise on each facet of governance and the workings of the bureaucracy, preferably persons known for their integrity, expertise and competence outside of the President's immediate circle — not necessarily from the campaign organization.

Putting in the right people to sensitive positions in government is a high art considering the systemic infirmities of our unitary-presidential type, where the fallible system is prone to corruption, regulatory capture and manipulation by traditional politicians and their allies in the oligarchy.

If this current administration sticks to the appearance that BBM's is in some ways a continuity of the Deegong's, he could still have picked old hands who did excellent jobs for counsel. Sonny Dominguez is one, except perhaps for his tiff with Senator Imee correcting her on the fictitious rice exportation during her Dad's regime; and ES Medialdea who could have held over temporarily until BBM's vetting process kicked in.

Duterte had good and proven people who could have been tapped like Art Tugade, point man of the Build, Build, Build program; and former Cabinet secretaries — Gilbert Teodoro, Raffy Alunan and Manny Piñol. BBM did well with Bersamin (executive secretary), Ben Diokno (Finance secretary), and Delfin Lorenzana (BCDA chairman), among others.

At this juncture, after the debacle with Vic and Trixie, I would recommend a book, The Gatekeepers by Chris Whipple (Crown Publishing 2017), describing the choice of chiefs of staff — a position Vic Rodriguez salivated for while being sacked.

Next week, Nov. 2, 2022: Gatekeepers, PH version

Last of 2 parts

QUITE recently, President BBM was mulling over the possibility of declaring POGO illegal. Although quite tentative, it's an observation of alarming developments in the country.

To refresh our memory, POGO (Philippine offshore gaming operations) was an offshoot of former President Duterte's rapprochement with China. POGO immigration to the country accelerated perhaps as a dividend of the bromance with Xi Jinping. With this new regimen of refocusing toward China from our traditional relationship with America, Chinese visitors are expected to increase presence here. Our government, following Duterte's lead hopes to attract more investments and more importantly compete with Macao and Singapore as a gambling hub for moneyed Chinese visitors and gamblers.

But to put this in proper perspective, and to be fair to the Deegong, China has long exported gambling to the country since perhaps the time China has been trading with local natives, even before the Spanish colonization. It has been recorded that when Magellan came to the islands, bets were already placed by natives on cockfights. In fact, the first recorded cockfight in China was in 517 BC and it's being transported to the islands is not a remote possibility.

Gambling enthusiasts and their defenders within government have made a case of sanctioning what has been pervasive in the country for centuries since the time before we even became a nation. The numbers game, jueteng, and its derivatives have penetrated deep into the fiber and psyche of the Filipino that they can't simply be stopped. The best that government can do is to liberate them from the shady peripheral activities and the twilight zone of legitimacy, skirting our laws and shine the light of public scrutiny and enforce a certain type of discipline; allow, tolerate but regulate.

Pagcor's birth

Thus, Marcos père created the Philippine Amusement and Gaming Corp. (Pagcor) "...cloaking it with the authority and power to authorize, license and regulate games of chance, games of cards, and games of numbers." More importantly, Pagcor was to "serve as an additional source of revenue to fund various socio-civic projects such as flood control programs, beautification, sewage projects, and other public services." Further, it aims to "minimize, if not totally eradicate, the evils, malpractices and corruptions that normally are found prevalent in the conduct and operation of gambling clubs and casinos without direct government involvement." (PD 1067-A and RA 7922)

So far, so good!

POGO

But this is not just about gambling in general. It is about POGO in particular, that has proliferated in the country consonant to the Deegong's newfound relations with China in this ongoing bromance. This online platform caters mainly to the mainland Chinese — satisfying their compulsive craving for gambling. This type of online operation is illegal and prohibited in China under threat of capital punishment, something that the Chinese understand and respect. But not here in the Philippines, their base, from which they serve online Chinese gamblers offshore.

Upside — money coming in

Duterte's allowing expansion in Manila of POGO at the start of his regime injected a massive dose of gambling money and its downstream effects on property rentals, restaurants, transportation and induced a mini real estate boom with the banks getting into the act with funds lent liberally to builders, unmindful of a possible bubble.

What egged on Duterte was the money POGO gambling was bringing in for the country. In the ensuing Duterte years, POGO brought in a staggering P551 billion yearly revenues to the economy. But we had some voices on the sidelines, not of dissent but a warning. Former Finance secretary Sonny Dominguez had been declaring that POGOs and their workers were evading taxes. Budget chief Diokno himself warned that there was incalculable social cost that POGO imposed on Philippine society. But the Deegong dismissed these remarks from his Cabinet, in effect encouraging the industry. As in the Pharmally corruption episodes, the president turned a blind eye and stubbornly defended his Chinese friends.

The pandemic

Then the s**t hit the fan! Covid-19 came and wrought havoc on all these. POGO revenues plummeted to P3.9 billion in 2021, from P7.2 billion in 2020 and continued to slide further toward the end of the Deegong's term. But what was appalling were the practices of POGOs that now came to light. These were the attendant social cost that had reached staggering proportions. Witness a spate of headlines in the mass and social media:

"Cases of kidnapping targeting workers of POGO firms have increased by 25 percent on Sept. 9, 2022, from 36 kidnapping cases in 2021, according to the Philippine National Police Anti-Kidnapping Group (PNP-AKG)." (Philippine Star)

"PNP's Criminal Investigation and Detection Group (CIDG) arrested five POGO workers, four of them Chinese, following an operation to rescue a Chinese woman who was abducted on September 14 in Pasay City. The five are now in custody facing charges of kidnapping and serious illegal detention, robbery extortion and possession of firearms and live ammunition without a license."

"The suspects were identified as members of the Zi criminal group, a syndicate linked to kidnappings and illegal detention of POGO employees in the southern part of Metro Manila, according to a February report of the PNP Directorate for Intelligence. The syndicate is one of "more than five groups" involved in Pogo kidnappings, based on police intelligence.

Kidnapping, extortion and prostitution reared their ugly heads. Chinese syndicates began to openly dominate the crime scene — abetted by the dark gambling money greasing the wheels of the police, bureaucracy and justice system.

Still, we have voices from the bureaucracy and the general populace reluctantly arguing that "anyway, these are just crimes done by Chinese against the Chinese!" How shortsighted and stupid these arguments are. All crimes impact society. And we are now deep in it!

Police protecting POGO bosses

Now it has just been revealed in a Senate hearing that 300 policemen were seconded to POGO bosses as bodyguards, including their "extended families." What is unbelievable is that this was tolerated both by the PNP chief himself, Gen. Rodolfo Azurin Jr., and his direct boss, Interior Secretary Benhur Abalos. This bodyguard/protection racket must have been lucrative to our police security system as Abalos directed his miniosn to stop the practice only after the Senate questioned its legality. These two public servants never did understand that this breeds corruption and are ignorant of their priorities. These incompetents give BBM's first 100 days a black eye.

BBM needs his own legacy

BBM, with his ambivalent position on the sordid legacy of the past president — Pharmally and now POGO — has laid himself vulnerable to being regarded as simply a continuation of the Deegong. The danger of his being branded as a weak heir may gain traction — and the tragedy is — heir not to FM but to Duterte!

Maybe the wrong heir was installed; perhaps an heiress would have been preferable, who declared in no uncertain terms that:

"If we cannot regulate [POGOs], then we better stop them. There are now abductions and killings," Sen. Imee Marcos said. "What's happening is already sordid and gruesome. They've been here for years, and obviously, we could not regulate them."

First of 2 parts

FORMER president Duterte left office with accomplishments his constituency can be proud of. The much-touted Build, Build, Build (Triple Build!) program was one of those successes that ushered in his "Golden Age of Infrastructure" — an unprecedented increased spending in infrastructure surpassing even the two decades of Ferdinand and Imelda's building spree. Partly to decongest the capital region, it was meant to disperse and encourage economic growth and reduce poverty all over. On top of this, the Deegong initiated liberal economic improvements, particularly a comprehensive tax reform program. The Deegong's own data boast providing almost 10 million jobs in the six years that he was in power.

At the outset, the Deegong introduced a predictable foreign policy scheme reflecting his personal disdain for America, veering away from the traditional lapdog relations, and opened up an entente cordiale with China. Two years into his administration, he declared that China plays a crucial role in his Triple Build! program, intimating that, "I just simply love Xi Jinping. He understands my problem, and he's willing to help. And I would like to say thank you, China." His economic managers and budget officials estimated the cost of this program at around P9 trillion ($180 billion) over six years.

The target was set at 75 flagship projects, which included airports, railways, roads and bridges, seaports, etc. Among those that Duterte wanted funded was the Subic-Clark railway project costing $940 million, the biggest government-to-government project to be bankrolled by China. But the one Duterte is particularly proud of is the Davao City-Island Garden City of Samal $400 million bridge — that has been promised since time immemorial by countless Philippine administrations after World War 2. Whether Xi Jinping has stuck to his promise or not is no longer the Deegong's concern. Duterte is now enjoying his retirement in Davao and may still cross the Davao-Samal bridge soon, surely a feather in his cap. His legacy is largely intact awaiting history's judgment.

Flawed legacy

His rapprochement and bromance with China certainly yielded these nice dividends but along with these were those that may blemish his cherished legacy: POGO and Pharmally. First, the latter, considered as one of the biggest corruption occurrences that personally stained Duterte's reputation as a president who will not tolerate corruption — even "a whiff of it" — has remained unresolved. After several lengthy Senate blue ribbon committee (BRC) hearings by erstwhile chairman, the then-senator Dick Gordon, his bete noire, 11 other senators, mostly the President's allies, refused to sign the findings, relegating the same to BRC limbo. But up in the air was Malacañang's role in this sordid affair. Emerging from the hearing was Malacañang seen to be complicit, not simply naïve. This could be gleaned from the vehemence of the Deegong's attack on Gordon and his dogged defense of his Chinese friends. This brings to mind how enamored our Duterte is with China. God forbid, if China holds the Deegong by the balls and by inference, we Filipinos.

The Chinese connection

To review, what came out in the hearing was a series of shocking testimonies proving that the undercapitalized (P625,000 paid-up) Pharmally Pharmaceutical Corp. bagged P8.68 billion in government contracts with zero track record. The paper trail led to financial transactions that indicated the Chinese perpetrators along with their local business partners and bureaucrats may also have been conduits of drug money laundered through these transactions. These executives, owners and facilitators, starting with Duterte's "economic adviser" Michael Yang, a shadowy mainland Chinese figure known by many labels — consultant, facilitator, bagman, pagador or locally, as bugaw (pimp), depending on the package offered and bought — have gotten away scot-free.

What is unconscionable is that the BRC hearing has established that with the acquiescence of then Health secretary Francisco Duque 3rd, undersecretary Lloyd Christopher Lao facilitated the allegedly irregular release of P42 billion (and more) for personal protective equipment (PPE) procurement, including the anomalous fund transfers from the Department of Health (DoH) to the Procurement Service of the Department of Budget and Management (PS-DBM).

At the center of this maelstrom is Lao, a well-placed lawyer within Duterte's circle, a presidential appointee to various sensitive government positions, landing as DoH undersecretary and finally ensconced at the PS-DBM, is reportedly a stooge of Sen. Christopher Lawrence "Bong" Go, who has denied it. At the hearings, he admitted that no due diligence was conducted on Pharmally, negligently awarding billions to a practically "unknown company" and requiring only a casual background check on the incorporators and executives who turned out to be fugitives from justice (from China and Taiwan) — is simply irresponsible and may even be criminal.

Marcos crafting own legacy

Now the ball is in BBM's court. In his SONA last July 25, he proposed 19 bills for Congress to consider giving direction to his cabinet on where to bring his government. But on a very crucial point, he never did mention any anti-corruption initiatives. In fact, subsequent to his SONA, he signed Executive Order 1 abolishing among others the Presidential Anti-Corruption Commission (PACC). This was altogether not unwelcome as the PACC was a bureaucracy that fell short of its mandate to enable President Duterte to investigate corruption in the bureaucracy.

Still, at the start of BBM's watch, his profound silence on how he was going to confront corruption and its attendant ills to the bureaucracy and to the country has a chilling effect — considering that graft and corruption, rent-seeking and regulatory capture were once major issues of his father's martial law regime.

We can only hope that his reticence is not a signal that the shady acts of his predecessor's people are being condoned. He doesn't owe the Deegong any favors; he didn't even support his candidacy short of allowing his daughter to run under him. This time, he can prevail upon his Department of Justice to revisit the Senate's BRC findings and by its own volition investigate the Pharmally corruption. It is imperative that the biggest anomaly in the past administration — making it more egregious as it happened during the pandemic — be given closure. BBM and the Filipino people cannot countenance these Chinese miscreants and their allies in the bureaucracy and in the highest echelons of government. They need to be brought to justice and this perversion resolved.

This is not racial, going after the Chinese businessmen. Many of these Chinese personalities have their own criminal cases in the mainland and in Taiwan. BBM will be doing them a favor. This is not also political, as names of past Cabinet members and even a member of the Senate have been dragged into the muck. And more importantly, BBM will telegraph to the citizenry, in his second 100 days, that he possesses the political will to do what is right for the country.

The Pharmally anomaly is a cut-and-dried case. The dozen or so Senate BRC hearings contain evidence that could burn the scoundrels and even perhaps clear the past president — or burn him.

Next week, Wednesday, Oct. 19, 2022: POGO