P38 B with red flags

Commission on Audit (COA) Chairman Grace Pulido-Tan testified before the Senate Blue Ribbon Committee hearing on the Malampaya fund anomaly, which was an offshoot of the pork barrel fund controversy, that P38.29 billion had been released to more than two dozen agencies.

The COA audit was completed only on the release to Department of Agrarian Reform (DAR) of P900 million, a financial aid to farmers stricken by typhoons Ondoy and Pepeng in 2009, which was released to 12 bogus non-government organizations (NGOs) linked to suspected pork barrel scam mastermind Janet Lim-Napoles.

According to state auditors, the DAR entered into memoranda of agreement (MOA) with the 12 NGOs even before the DBM approved the release of special allotment release order (SARO). An agreement that is prohibited under the State Auditing Code of the Philippines.

The P900 million was based on supposed request from 97 mayors whose jurisdiction were badly affected by the two typhoons, but the alleged requests were never validated by DAR.

The selection of 12 NGOs did not undergo public bidding or negotiated procurement but on the basis of the purported recommendation of the 97 mayors, who were denying making such requests.

She also confirmed that there are red flags on the releases to other departments and offices, including P5.8 billion for the departments of Agriculture (DA), Public Works and Highways (DPWH), P7.6 billion; and Interior and Local Government (DILG), P2.3 billion. Department of National Defense (DND) also received P7.4 billion; National Electrification Administration (NEA), P1.9 billion; National Power Corp., P6.6 billion; and the Province of Palawan, P1.7 billion.

Tan vowed to complete her ongoing audit of the departments and offices that received billions by the first quarter of 2015.

The committee, chaired by Senator TG Guingona should invite the National Treasurer to testify if the balance of about P130 billion of the Malampaya Fund is still in the National Treasury.

EDCA not submitted

Malacañang's refusal to submit the Enhanced Defense Cooperation Agreement (EDCA) to the Senate for ratification diminishes the powers of the legislative branch of government with respect to foreign policy, specifically that of the Senate as the only treaty-approving body as provided for by the Constitution. Malacañang insisted it was an executive agreement and not a treaty.

This was the position taken by Senator Miriam Defensor-Santiago, chairman of the Senate Committee on Foreign Relations.

Santiago said she is prompted to bring out the sentiment of the Senate through a privilege speech hoping that it will enlighten matters since it has no power to compel the President to send a treaty to the upper chamber for concurrence.

“I will present the Senate resolution in a form of sponsoring a speech in the plenary session then a plenary debate,” Santiago said.

Senator Pia Cayetano agreed with Senator Santiago.

Bong denied bail

The Sandiganbayan First Division, chaired by Justice Efren de la Cruz, in a 71-page decision denied the bail petitions of Senator Bong Revilla, Janet Lim-Napoles, and Richard Cambe, Revilla’s chief of staff.

The court was convinced that the three conspired with one another, committed the capital offense of plunder defined and penalized under RA 7080, and thus are not entitled to the constitutional right to bail.

Revilla expressed disappointment over the outcome of his bail petition. He said the denial of the petition is a temporary setback. “This is a setback but by no means determinative of our resolve to clear my name. If this is not the right time for the truth, the right time for the truth will come,” Revilla said.

He stressed that the denial of his bail is not yet the end of the fight.

Meanwhile, whistleblower Benhur Luy admitted he has no personal knowledge that Senator Jinggoy Estrada personally received the cash kickbacks.

Luy also admitted that P100 million was given to the NGO, headed by him.

Aquino backs down

After months of criticizing the Supreme Court (SC) for judicial overreach and pushing constitutional amendments to clip their powers, President Aquino, in a surprise move, directed Budget Secretary Butch Abad to comply with all SC rulings and to hasten the approval of the SC’s request for additional budgetary support for their anti-corruption and modernization programs.

Aquino gave the orders to Abad in a speech at Malacañang during the second conference review of the United Nations Convention Against Corruption (UNCAC).

Aquino lobbied Senate President Franklin Drilon and Speaker Feliciano Belmonte Jr. to approve the budgetary request of the High Court.

Chief Justice Maria Lourdes Sereno spoke of the modernization plans of the judiciary to speed up the delivery of justice. They strongly believe that technology can be an effective anti-corruption tool as it minimizes the areas of human intervention. But Sereno said her initiatives require funding.

Erap’s success

In less than two years, Manila Mayor Joseph “Erap” Estrada has successfully raised the city’s revenue collections to almost totally erase the P4.4 billion deficit.

Manila’s overdue electric bill amounting to more than P500 million has been reduced to P100 million.

In a speech before 2,000 barangay officials in Baguio City, Erap said the city would be debt free by 2015.

Erap explained that improved revenue collections due largely to upgraded fair market values for real property and a revised tax code resulted in much higher revenue collections.

Erap announced that starting January 2015, there will be no fees for the use of city gymnasiums and playgrounds.

Erap also agreed to implement a city ordinance granting allowances to senior citizens.