Spreading the guilt around, a usual crisis-PR defense - Gotcha

"Antolin Oreta is presidential adviser on economic zones, not on infrastructures." Thus did Presidential Spokesman Jerry Barican defend the award of a P757-million public contract to LAMP Sen. Tessie Aquino's husband. Although Barican sounded smug, he was squirming behind the dais. He probably knew his words would leave a bad taste in the mouth.

Sure, Oreta was the lowest of four bidders, but National Irrigation Administration had replaced public bidding with a simplified process of inviting only the four to submit bids for the Tarlac project. Sure, the P757 million was well within the 10-percent ceiling for bids based on a project estimate of P701 million, but NIA had raised that estimate without explanation from only P435 million two months before. Sure, Aquino and Oreta's daughter inhibited herself from a Presidential Management Staff review of the contract, but PMS was headed at the time by the senator's amiga, Lenny de Jesus.

Even without those discrepancies, the award is still shaky. Aquino says Oreta has always been in the construction line, and when it comes to government biddings, they win some and lose some. Still, if they want no questions about their business, Oreta shouldn't have accepted a position as presidential adviser and Aquino shouldn't have chased after Joseph Estrada in all his presidential travels.

That way, the couple would be helping their friend Estrada prove he's true to his word when he says "walang kamag-anak, walang kaibigan." More so since any President after Marcos must exude a public image of having no cronies.

As it is, they're making more enemies for the President by claiming that reports on the P757-million deal are part of an Erap-bashing plot. Maybe they don't realize the deep rut Estrada is in because of public perception of cronyism. As Finance Sec. Jose Pardo said about the stock market price-fixing case of presidential pal Dante Tan, the Presidency itself is at stake.

He doesn't like what he's hearing. But Philippine Stock Exchange president Jose Luis Yulo had anticipated what BW Resources owner Dante Tan is now saying about PSE's report of price manipulation. "To defend himself," Yulo told newspaper columnists and editors Tuesday, "Tan will try to discredit the report, discredit the investigator, and spread the guilt around."

That's exactly what Tan is doing. He's claiming the report is faulty since it focused only on trading of BW shares from January to June 1999. He's accusing chief PSE investigator Ruben Almadro of excluding a broker-patron who happens to be Tan's business rival. And he's saying the patron and three other stock brokers had done the price-fixing from September to October.

Those who haven't read the long report and its six-inch-thick annex of documentary evidence might bite Tan's line. He's counting that they're plenty, so he can pull what Almadro calls "a trial by publicity."

The report is not limited to January-June trading but tackled the July-October records as well. Only in the first period did Almadro find traces of price manipulation.

In the absence of RP jurisprudence on the matter, Almadro had used US elements of price manipulation; to wit,

* a series of at least three transactions, defined as not only actual buys but also mere bids;

* price movements, mostly upward, followed by a drop when the manipulation is over; and

* manipulative intent.

No one will ever admit intent, so Almadro sought to prove it with preponderance of evidence. And the same evidence show that Tan had simulated P12 billion worth of buy-and-sells to himself through friends and eight brokers. The July-October trading by the four other brokers Tan is implicating did not show a series of transactions that drove up prices.

INTERACTION. Vivian Syyap, prodigy.net: I agree with you that Erap is a hands-off manager (Gotcha, 23 Feb. 2000), whereas FVR was very hands-on. While I'm disgusted with and ashamed of the President's shoddy incompetence, I am also resigned to all his faults.

He's allergic to that word "resign," Vivian

John V, Panlilio, worldnet: From Chicago, I'm pleased to learn that RP will finally stop using leaded gasoline. I'd like to call attention to two factors that may not have been considered in implementing the Clean Air Act: (1) Danger posed by the gasoline additive MTBE, methyl tertiary butyl. It gives gasoline a "cleaner" burn but contaminates ground water; a tablespoon of MTBE can turn an Olympic-size pool of water undrinkable. (2) Need for strict rules on underground gas storage tanks. Gasoline stations also contaminate ground water.

Efren Cruz, nsclub.net: The road leading to Manila international and domestic airports are always congested because Five Star buses park there, leaving only one lane to motorists. When they u-turn on Aurora or Andrews avenues, they hog the intersections. As the name implies, the buses are owned by a general.

A general, Efren? Then there's no solving it.

Elmer Martinez, Davao: I had an unpleasant experience in Manila last Feb. 6. An MMDA traffic man with M.D. Appolonadi on his namepatch stopped my driver and the jeep ahead of us. He insisted the traffic light was red, yet we all saw it was green. The jeep driver gave him money and left. Appolonadi then asked if my driver wanted a traffic ticket. My driver begged me to give him P100, or else lose his license. Does anybody listen to Gen. Lacson?

Johnnie Enriquez, skyinet: A regular employee of Mandaluyong City Hall, I used to get my paycheck on time, but lately all regular employees get their salaries late.

Set, balut.admu.edu: My pals and I are unhappy that Fred Lim accepted the DILG post. We suspect the admin is just using his credibility and record to look good.

He's old enough to know, Set.

Mar Tajon, QC: Why are even people who move the wheels of justice scared of Manero? Why the unusual accommodation and special treatment despite his condemnation as a cannibal? Why was he not charged with evasion of service of sentence when he escaped in 1995?

Erap is not afraid of him, Mar, because Manero eats only brains.

Ben Bie, aol.com: If Manero's pardon was only conditional, why can't Erap revoke it? Why are lawmen treating him as a VIP?

He plans to set up a diner, Ben, to serve sisig or ulo-ulo.

Thank you, Dr. Zen Udani, Bert Celera of Jersey City, D.S. Datu of Mabalacat, Gary Sibal, Dante de Ramos, Archie Andal.

Meralco is seeking Energy Regulatory Board approval of its rate increase of 30¢ per kilowatt-hour. But the Solicitor General is still asking the Supreme Court to uphold ERB's earlier order for Meralco to refund its overbilled customers 17¢ per kwh for four years.

A court decision on refund should come before an ERB ruling on rate increase. ERB had ordered the refund as far back as February 1998, just that the Court of Appeals nixed it. Meralco filed for increase only the other week.

YOUR BODY. Researchers in Nashville's Vanderbilt U have noted that two enzymes work to help cells in a ruptured disk fix themselves. The study can help doctors find surgery-free ways to treat back injuries, and explains why some people who slip a disk get well on their own while others need more help to recover.

You can e-mail comments to [email protected] or, if about his daily morning radio editorials, to [email protected]