1 NEWS UPDATE April 22, 2015 (Wednesday) MANILA BULLETIN
2016 polls in jeopardy
SC voids P268.8-M Smartmatic deal; Marcos says law prohibits manual voting by Mario B. Casayuran and Leonardo D. Postrado
April 22, 2015 (updated)
The Supreme Court (SC) yesterday nullified the P268.8-million contract entered into by the Commission on Elections (Comelec) and technology provider Smartmatic-Total Information Management (Smartmatic-TIM) for being unconstitutional, putting in question the ability of the Commission on Elections (Comelec) to hold an automated 2016 presidential elections with only over a year left to prepare.
According to Sen. Ferdinand “Bongbong” R. Marcos Jr., who has been reported to be eyeing the presidency in 2016, the current election laws prohibit the reversion of the mode of Philippine voting from electronic to manual.
“There is already a law mandating computer voting. We have to go to electronic counting (of votes). We don’t have a choice on that matter,” Marcos told Senate reporters.
However, the 1987 Constitution is explicit in mandating the holding of the regular election for president and vice president on the second Monday of May.
In a unanimous decision penned by Associate Justice Estella Perlas Bernabe, the SC struck down Comelec Resolution No. 9922, which awarded Smartmatic-TIM the contract for the diagnosis and minor repair services for 80,000 Precinct Count Optical Scan (PCOS) machines that will be used in 2016 elections as well as the Extended Warranty Contract given to the firm, for violating several existing laws.
‘MIDNIGHT DEAL’
Petitioners had earlier described the agreement between the Comelec and Smartmatic-TIM, signed by then Comelec Chairman Sixto Brillantes three days before his retirement on January 30, 2015, as a “midnight deal.”
“It is clear that the Comelec committed grave abuse of discretion and, thus, its Resolution No.
9922 and the Extended Warranty Program (Part 1) should be stricken down and, necessarily, all amounts paid to Smartmatic-TIM pursuant to said contract, if any, being public funds should be returned to the government,” said the SC media briefer, which was read by SC spokesman Theodore Te.
In nullifying the contract that the Comelec awarded to Smartmatic-TIM, the SC stressed that the poll body failed to justify its resort to direct contracting with Smartmatic-TIM under Section 50, Article XVI of the Government Procurement Reform Act (GPRA).
Section 50, Article XVI of the GPRA provides that direct contracting may be resorted to only : a) procurement of goods propriety nature, which can be obtained only from the proprietary source, that is when patents, trade secrets and copyrights prohibit others from manufacturing
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the same item; b) when the procurement of critical components from a specific manufacturer, supplier or distributor is a condition precedent to hold a contractor to guarantee its project performance, in accordance with the provisions of his contract; and those sold by an exclusive dealer or manufacturer, which does not have sub-dealers selling at lower prices and for which no suitable substitute can be obtained at more disadvantageous terms to the government.
‘TIGHT TIME SCHEDULE’
But the Comelec argued that it chose to approve Smartmatic’s extended warranty proposal instead of conducting a public bidding due to “tight time schedule” in the preparations for the forthcoming national and local elections if public bidding is to be conducted.
The poll body also reasoned out that it would be “too great a risk” to give the refurbishment and repair of the PCOS machines to any third party other than Smartmatic considering the highly technical nature of the refurbishment and repairs of the machines.
Still, the Court maintains that the Comelec failed to show that any of the conditions under Section 50, Article XVI of the GPRA existed.
It added that that Comelec’s claims of impracticality were not supported by any independently verifiable data and its perceive “warranty extension” is, in reality, a circumvention of the procurement law.
The IBP and AES, in their consolidated petitions, argued that the PCOS repair contract blatantly violated Republic Act No. 9184, otherwise known as the Government Procurement Reform Act.
They insisted direct contracting opted by the Comelec was not justified under the law.
The groups added that the supposed “tight time schedule” in the preparation for May, 2016, national and local elections is not a ground to dispense with the conduct of public bidding under the law.
“The perceived ‘tight time schedule’ in the preparations for the forthcoming elections, and the alleged great risk involved in awarding the contract to parties other than Smartmatic, is not one of the allowed instances,” the IBP stressed.
As the May, 2016, presidential election approaches, the Comelec is time-pressed to resolve the issue “…on what other systems to be used in the coming election,” Marcos said.
“I am sure the Comelec is studying night and day to fix the problem. It has to find a system workable for us,” he said.
Asked whether the Supreme Court ruling is dangerous as the presidential election constricts its elbow room to act, Marcos explained that Comelec has to follow legal procedures on bidding as prescribed by law.
He explained that the High Tribunal ruling was on the bidding procedure and it did not say Smartmatic is not a good supplier but “that its ruling is on normal procedures to be followed.”
Enough time
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Despite the ruling, the Comelec is convinced that there is still enough time for them to prepare for the May 2016 polls.
“We think we still have enough time to prepare for the election. I think more than enough time,”
Comelec spokesman James Jimenez said.
“It’s just that we have to reassess our assumptions before. If before, we have so many months to do training, to do this and that… now since we know that we are already pressed for time, all our activities will be replanned on the basis of that assumption,” he added.
Jimenez also said that the Comelec will comply with the SC ruling.
“With the SC decision now out, we will also decide on what option we will take,” added Jimenez.
But veteran election lawyer Romulo Macalintal warned that the May, 2016, elections might be postponed due to the SC decision.
Time limited
Macalintal said the Comelec does not have the luxury of time to rebid the contract for the diagnosis and minor repair services for the 80,000 PCOS machines as well as the Extended Warranty Contract.
He said it takes two months for the poll body to determine the qualified parties that will partake in the bidding while another five months are needed for the bidding proper.
And if, theoretically, 100 percent of the PCOS machines are found defective or no longer useful or need further rehabilitation, Macalintal pointed out that it will take another two months to undertake such services. (With report from Leslie Ann G. Aquino)
Palace exec says President Aquino not convening NSC vis-à-vis issues w/ China by Philippine News Agency
April 22, 2015
A Malacanang official on Tuesday said President Benigno S. Aquino III is not convening the National Security Council (NSC) despite the developments in the West Philippine Sea.
”At this time, the President does not see any need really to convene the NSC,” Deputy Spokesperson Abigail Valte said in a briefing Tuesday.
Valte explained that the Aquino government has its security cluster, which the President talks with along with invited officials from relevant agencies.
She stressed that “it is not uncommon for him (Aquino) to reach out to other experts or other persons, but not within the context of an NSC meeting.”
“If you also notice the President likes to work in small groups because he believes that this particular method is more effective,” she said.
”And it is also in this venue wherein the security cluster and other members of the Cabinet discuss matters relative to the West Philippine Sea issue,” she stressed.
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The NSC is a collegial body chaired by the President and includes members of the Cabinet and Congress as well as other government officials and private individuals invited by the President.
It has never been convened under the Aquino administration.
And even with the recent water canon incident against Filipino fishermen in Bajo de Masinloc in the West Philippine Sea by suspected Chinese patrolmen, Valte said the President continues to take the diplomatic tracks on the country’s issues with China.
“You must remember that all our courses of action always fall within those tracks and this new incident will not be any different, meaning, that we will assess our next step based on the considerations of Foreign Affairs as well as the Department of National Defense,” she said.
”The President’s position remains the same. The last thing you want in a highly-charged environment is to have an incendiary situation that can lead to violence,” she added. (PNA)
House to probe China’s intrusions; Beijing blasts PH-US war games April 22, 2015
Branding China’s massive reclamation works in the disputed West Philippine Sea (South China Sea) as “deplorable and patently provocative,” the House of Representatives said yesterday that it will investigate China’s intrusions which threaten regional peace and security.
Albay Rep. Francis Bichara, chairman of the House Committee on Foreign Affairs, said his panel will convene on May 12 to investigate China’s “aggressive acts.”
“The Committee on Foreign Affairs will convene on May 12 to discuss this issue,” he said in an interview with the Manila Bulletin as he expressed his panel’s deep concern over China’s continued “deplorable, patently provocative” bullying in the region.
‘CUTE LITTLE SUBMISSIVE’
While the Philippines protests the intrusions, China’s state-run Global Times assailed the war games in the disputed waters between the Philippines and its allies – the United States and Australia – saying they are inappropriate and run counter to efforts to ease tensions in the waters.
In efforts to deter China, the Philippines has encouraged longtime ally the US to increase its presence in the country and its coastal waters through expanded and more frequent defense exercises.
But the Global Times editorial dismissed their effectiveness, saying: “After being the ‘cute little submissive’ of the US all these years, Manila has gained only a handful of second-hand weapons and an empty sense of security, let alone any real enhancement of its army’s combat capability.”
The comments came as more than 11,000 soldiers from the Philippines, US, and Australia are taking part in the joint drills in San Antonio, Zambales, a few kilometers from the contested Bajo de Masinloc (Scarborough Shoal).
Last Monday, Armed Forces of the Philippines Chief of Staff Gen. Gregorio Pio Catapang called
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China’s building work on disputed reefs “worrisome” and a source of friction with its neighbors.
Twice as many troops as last year are joining the exercises off Palawan province. Disputes over the sea, of which China claims about four-fifths under a so-called nine-dash line drawn on a 1940s map, have escalated as China expands the reach of its military to back its territorial interests.
While President Aquino says the drills aren’t targeted at China, “few believe he means it,” the Global Times said in its editorial Tuesday.
“Of all the countries involved in territorial disputes in the South China Sea, the Philippines is the one with the most tricks up its sleeves, but none of its tricks work,” the Global Times said.
“Can anyone believe that China can be bluffed to make compromises when others show off their military muscle? We will simply find it laughable while imagining Philippine personnel stumbling after US forces.”
“The thunder of guns made by Washington and Manila there is inappropriate and of little use.”
BACKDOOR NEGOTIATION?
Bichara, a former ambassador, said that as China’s aggression increases tension in the region, his panel will “explore other options” that would help the Executive counter China’s illegal
reclamation activities in the West Philippine Sea and defend the country’s territory and exclusive economic zones.
“The committee will consider exploring other options. That will be discussed in the committee since the diplomatic defensive is already being done by the DFA,” he said.
He added that backdoor negotiation is worth considering, but stressed that it should have President Aquino’s blessings.
“Backdoor negotiation is possible if authorized but no guarantee for positive results. It’s worth a try,” Bichara said. “We have to consult the Executive Department.”
But the DFA said the Philippine government is not keen on considering back channeling as a way to resolve the territorial disputes.
“We have the ongoing arbitration case,” DFA spokesman Charles Jose said in a press briefing held at the DFA headquarters in Pasay City Tuesday. “We do not want to jeopardize the case by holding bilateral talks.”
According to Jose, the government is currently pursuing two tracks in an effort to address the dispute.
“We have the diplomatic track, wherein we are working closely with ASEAN (Association of Southeast Asian Nations) for the full and effective implementation of the DOC (2002 ASEAN- China Declaration on the Conduct of Parties in the South China Sea) and for the early conclusion of the legally binding COC (Code of Conduct in the South China Sea), and we also have the legal track and that is the arbitration case we filed.”
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When asked if his panel is mulling over to visit China to personally appeal to the Chinese government to stop its massive reclamation activities, Bichara r said, “I don’t think they will listen to our appeal. Their reclamation is almost done.”
PH NEEDS SUPPORT
At the Senate, Sen, Paolo Benigno “Bam” Aquino IV said the Philippines needs the support of the community of nations to be able to resolve the Philippine-China territorial dispute.
“It is not only an issue between the Philippines and China but it is rightfully a regional and even a global issue,” Aquino stressed.
The cousin of President Aquino emphasized that he thinks the DFA “is doing its best to resolve the issue within the regional bodies and international bodies available to us.”
“The best course of action is what we have done which is to raise this before a community of nations,” he added. He was referring to the Philippine case against China filed with the
International Tribunal of the United Nations on the Convention of the Law of the Sea (UNCLOS).
WAR GAMES
Meanwhile, Philippines and United States Marines stormed a beach in San Antonio, Zambales as part of a bilateral exercise with a territorial defense scenario of the ongoing war games.
Four-hundred American and 200 Filipino Marine forces took part in the amphibious assault maneuver at the North Beach training area in Naval Education and Training Command (NETC), Naval Station Leovigildo Gantioqui, San Antonio town which is near tBajo de Masinloc.
The North beach, where the activity took place, is approximately two kilometers in length and is one of the premier amphibious training site in Luzon.
Tuesday’s war scenario saw strained government relations with a fictitious neighboring country named Calabanya resulting in an aggressive military action and invasion by Calabanyan forces into Luzon.
The Mutual Defense Treaty (MDT) was invoked and a US Joint Task Force was formed to restore the territorial integrity of the Philippines.
The US Joint Task Force aggregated forces in Palawan, conducted maritime pre-positioned force operations, and embarked a combined landing force.
A simulated operation was launched from the sea via naval craft to launch an attack on a hostile shore with opposing force.
Three amphibious assault vehicle (AAV) waves, each consisting of seven AAV, participated in the activity which started at around 10 a.m. and lasted for about an hour.
The combined Philippine and US troops eventually defeated the enemy after a series of engagements.
Four UH1 Cobras, two UH1 Hueys, and two AV8 Harriers also provided simulated close air
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“Amphibious assaults are considered to be among the Marines’ primary capabilities and this exercise will be a good test of how our own amphibious units could team up with their US counterparts in staging a crucial vessel-to-shore operation,” said Armed Forces of the Philippines (AFP) public information officer for Balikatan 2015, Lt. Col. Marlowe E. Patria. (With reports from Mario B. Casayuran, Elena L. Aben, Roy C. Mabasa, and AFP)
THE PHILIPPINE STAR
CA probes bribery allegations vs justices
By Edu Punay (The Philippine Star) | Updated April 22, 2015 - 12:00am
MANILA, Philippines - The Court of Appeals (CA) has started its own investigation on the bribery charge hurled by Sen. Antonio Trillanes IV against two magistrates from its sixth division who stopped the preventive suspension of Makati City Mayor Jejomar Erwin Binay Jr.
In a one-page memorandum issued last April 16 but released to the media only yesterday, CA Presiding Justice Andres Reyes Jr. has directed their committee on ethics and special concerns to look into the senator’s allegation that Associate Justices Jose Reyes Jr. and Francisco Acosta received P25 million each from Binay’s camp.
“You are directed to conduct a thorough investigation on the enclosed subject matter and to submit a report and recommendation of your findings within 30 days from notice,” the top CA magistrate said in his order.
The order was directed at committee chair Associate Justice Mariflor Punzalan-Castillo and included the resolution of Trillanes seeking Senate probe on the allegations that the senator got from “reliable sources.”
An insider bared that the CA initiated the investigation even without a formal complaint against Reyes and Acosta so as to acquire jurisdiction over the matter amid plans of the Senate to investigate the issue and invite the two justices.
Several sectors, including the Integrated Bar of the Philippines, have opposed the Senate’s plan to investigate the supposed “justice for sale” in the judiciary, saying the job should be left with the Supreme Court that has jurisdiction over justices and judges.
The SC, for its part, has reiterated its earlier position that proof is necessary for the high court to act on corruption charges against members of the judiciary.
Malacañang, on the other hand, yesterday expressed support for the Senate investigation on the alleged payoff.
“One of the pillars of President Aquino’s platform is judicial reform. We have always been supportive of the judiciary’s efforts to investigate erring judges/justices,” deputy presidential spokesperson Abigail Valte said in a text message to reporters.
“This includes court personnel as well, in the same way as we (in the executive department) have always supported the legislature’s efforts to enact legislation that will aid in the reform.
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“That being said, we defer to both branches as to the details of how they plan to go about this,”
she added.
Presidential Communications Operations Office Secretary Herminio Coloma Jr., however, has adopted a hands-off policy on the allegations of Trillanes by invoking the constitutionally guaranteed separation of powers.
“Government is against all forms of corruption. We should, however, consider the doctrine of separation of powers as the allegation of purported bribery pertains to the judiciary,” Coloma stressed.
“We will defer to the Supreme Court to take a look at such serious allegations and for the Senate to act on the proposed resolution presented by one of its members,” he added.
Meanwhile, fellow alumni of the San Beda College of Law expressed support for the two CA magistrates under fire.
In a newspaper advertisement, the San Beda Law Alumni Association (SBLAA) slammed the accuser of Reyes and Acosta over the “serious allegations made public beforehand without any hard evidence, and made against a background of partisan political crossfire.”
They said the insinuations of Trillanes “unfairly tarnish and malign the very good reputations of the two Bedan alumni magistrates and undermine the very integrity of the entire judiciary as an honorable institution.” – With Delon Porcalla
Fisherman narrates Chinese harassment at sea
By Eva Visperas (The Philippine Star) | Updated April 22, 2015 - 12:00am
INFANTA, Pangasinan, Philippines – Fishing is the only livelihood available for Efren Montehermoso Jr.
But after a huge Chinese ship drove away his small fishing boat near the disputed Panatag (Scarborough) Shoal in the West Philippine Sea, he promised never to return to the area for fear of his life.
Montehermoso of Barangay Cato in Infanta town was among the group of 80 Filipino fishermen driven away by Chinese coast guard on April 9. He was also the one who took an eight-minute video of the Chinese aggression.
Montehermoso said they went to the disputed area not to fish but just to seek temporary shelter because there were big waves and strong winds at sea at that time.
The Filipino fishermen sailed out to sea on April 8. During hard times to catch fish, they would go fishing farther at the Panatag Shoal.
Montehermoso admitted to The STAR yesterday that he was frightened by the Chinese aggression and could not forget what happened.
He recounted that the Chinese coast guard used a loud speaker to direct the Filipino fishermen onboard 15 small fishing boats to leave the area.
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“They were many, they were soldiers wearing uniforms but we did not see if they had firearms while driving us away,” he said in Filipino.
“The water cannon was very strong, stronger than the water that comes out from a firetruck and if it hits you, it could destroy your banca,” he added.
One banca was destroyed and a fisherman from Zambales reportedly fell but was rescued by his companions.
The Filipino fishermen were about 20 meters away from the Chinese ship, which continued to drive them away for an hour until they were very far, Montehermoso recounted.
Montehermoso said he and his fellow fishermen risk their lives every time they go out fishing because of Chinese aggression, but they still fish because it is their only livelihood and the Philippine government’s support in creating alternative livelihood in the community is wanting.
Mariveles Mayor Jesse Concepcion has appealed to President Aquino to come up a solution to protect Filipino fishermen. He said the local government units could do nothing about the Chinese aggression, which is a national concern.
He also lamented that it is pitiful that poor Filipino fishermen, dependent on the sea for livelihood, are being driven away from an area within the Philippine territory.
Meanwhile, Malacañang said yesterday the national government will continue to provide assistance to Filipino fishermen in Panatag Shoal and will respond accordingly to China’s attack on them rather than retaliate with force like the use of water cannon.
When asked in a press briefing if there was a need to increase patrol vessels in the disputed area other than the Bureau of Fisheries and Aquatic Resources and the Philippine Coast Guard (PCG), deputy presidential spokesperson Abigail Valte said the President’s “position remains the same”
– diplomatic and legal actions must be pursued.
“The last thing you want in a highly charged environment is to have an incendiary situation that can lead to violence,” Valte added.– With Ric Sapnu, Aurea Calica
PHILIPPINE DAILY INQUIRER
Gov’t rules out backchanneling talks in sea dispute with China Christine O. Avendaño
Philippine Daily Inquirer
4:37 AM | Wednesday, April 22nd, 2015
MANILA, Philippines–The government ruled out backchanneling talks with China over the West Philippine Sea (South China Sea) territorial dispute, and would instead bank on leaders of the Association of Southeast Asian Nations (Asean) to “speak with one voice” on the issue when the group meets for a summit in Malaysia next week.
The Philippine statement on the dispute has more to do with “Asean centrality,” Department of Foreign Affairs (DFA) spokesperson and Assistant Secretary Charles Jose said, explaining that
“Asean should be able to speak with one voice.”
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At the same time, the DFA on Tuesday backed the call of lawmakers for Malacañang to convene the National Security Council (NSC), given China’s continued aggression in disputed waters.
Jose said “convening the NSC would support the position of a whole government approach,”
since the dispute was a “complex and pressing issue with far-reaching implications on the country’s economy.”
At a news briefing, Jose said the DFA would pursue appropriate action once it gets hold of the official report on the latest incident of Chinese harassment of Filipino fishermen. On April 9, a Chinese vessel fired water cannons at a group of Filipino fishermen at Panatag Shoal
(Scarborough Shoal) in Zambales.
Two tracks
Asked if the government was open to hold backchanneling talks with China over the issue, Jose said the government was engaged in two tracks—diplomatic and legal—in dealing with the dispute.
The “diplomatic track” meant working closely with Asean for the full implementation of the Asean-China 2002 Declaration on the Conduct of Parties in the South China Sea or DOC, and the completion of a Code of Conduct.
By “legal,” Jose said this meant Manila’s arbitration case against Beijing before the United Nations tribunal.
It was because of this arbitration case that the country can’t hold backchanneling talks with China, the DFA official said.
“We don’t want to jeopardize our arbitration case by holding bilateral talks,” Jose explained.
International attention
But the arbitration case will not stop the Philippines from going to the Asean, as China’s massive reclamation activities in the disputed waters violated the 2002 Asean-China DOC, he said, adding that the South China Sea would be a “priority agenda” for the Philippines in next week’s Asean summit.
Jose said the DFA was able to “generate international attention” in the one year that it raised the alarm on China’s reclamation activities and called the attention of the international community on this development.
Group of 7
Manila was also able to get statements of concern from the Group of 7 industrialized countries, as well as US President Barack Obama, the official added.
At the last Asean foreign ministers’ meeting, a statement on China’s reclamation work was also included, Jose said.
“China’s reclamation activities (are) a very serious matter, a matter of great concern for countries, other claimant countries, the region and the international community … because
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(they) undermine peace and stability. (They) raise tension and cause massive and irreparable damage, a violation of the 2002 Asean-China DOC,” Jose said.
“It’s very clear it is intended to change the status quo and this could adversely affect our arbitration case,” he added.
China threat prompts PH to seek more US military aid
Agence France-Presse 4:34 AM | Wednesday, April 22nd, 2015
SAN ANTONIO, Zambales—The Philippines will soon ask the United States for more military equipment and training to build its defenses as it faces Chinese “aggressiveness” in disputed waters, Armed Forces Chief Gen. Gregorio Pio Catapang said on Tuesday.
As hundreds of Filipino and American Marines simulated an amphibious assault to reclaim territory from invaders during annual war games, Catapang said he was drafting a “wish list” for US aid, including “equipment and training,” when Foreign Affairs Secretary Albert del Rosario travels to the US in about a week’s time.
“The US has told us they will help us develop our capabilities, and now we are focused on maritime security,” Catapang said as he watched tanks emerge from the sea and roll onto the beach.
“We want to have capability on wetland, marshland and beach landings,” he said, elaborating on his wish list. He said he hoped the US military would train his men on the operation of
amphibious tanks, which the Philippines is buying for the first time this year as part of a defense upgrade.
The US is already the biggest military supplier of the Philippines, a former colony that remains an ally through a mutual defense treaty.
Tuesday’s drills, among the first of annual war games between the allies, took place 220 kilometers (137 miles) east of Panatag Shoal (Scarborough Shoal) in the South China Sea.
The shoal is a rich fishing ground that China has controlled since the end of a maritime standoff with the Philippines in 2012.
Communications Secretary Herminio Coloma said on Monday that a Chinese vessel recently used a water cannon to drive Filipino fishermen away from the shoal.
On Monday, Catapang criticized China’s “aggressiveness” as he showed satellite photos of its
“massive” reclamations on seven reefs in the West Philippine Sea.
China claims almost the entire South China Sea, home to vital shipping lanes and also believed to hold vast mineral reserves.
The Philippines, Vietnam, Malaysia, Brunei and Taiwan also have often overlapping claims in the area.
During Tuesday’s drills, 21 amphibious tanks rolled out of the US Navy’s giant warship USS Green Bay to battle troops from the fictitious country “Calabania,” which invaded a Philippine island.
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As the first batch of tanks approached the beach, they created a smokescreen, setting fire to diesel to hide the other tanks moving behind them. Six attack helicopters flying overhead provided air support.
The tanks then beached and marines in full battle regalia swiftly ran ashore and advanced inland.
Troops fired mortar rounds toward enemy positions to make way for the ground assault.
Aquino orders DFA, DND to respond to Panatag incident Jerry E. Esplanada
4:36 AM | Wednesday, April 22nd, 2015
MANILA, Philippines–“Come up with a response,” President Aquino has directed the Department of Foreign Affairs (DFA) and the Department of National Defense (DND) as he expressed concern over the April 9 incident in the West Philippine Sea, where some 80 Filipino fishermen were driven off Panatag Shoal (Scarborough Shoal) by a Chinese Coast Guard vessel.
But the President did not see the need as yet to convene the National Security Council (NSC) to deal with the issue using the Cabinet security cluster, according to deputy presidential
spokesperson Abigail Valte.
Diplomatic, legal tracks
The NSC advises Aquino on domestic and foreign policies concerning national security and is composed of Vice President Jejomar Binay, Defense Secretary Voltaire Gazmin, Foreign Secretary Albert del Rosario, Interior Secretary Mar Roxas, Justice Secretary Leila de Lima, Labor Secretary Rosalinda Baldoz, Armed Forces Chief of Staff Gen. Gregorio Pio Catapang, National Security Adviser Cesar Garcia and Executive Secretary Paquito Ochoa Jr.
Valte said the course of action taken by the DFA and the DND should fall within the
government’s diplomatic and legal tracks in dealing with issues related to the West Philippine Sea.
“All our courses of action fall within those tracks, and this new incident will not be any different,” she told a Malacañang press briefing.
“President Aquino’s position remains the same,” Valte said, adding that “the last thing you want in a highly charged environment is … an incendiary situation that can lead to violence.”
The Palace official said she had “not heard any discussions” about Aquino’s plans to raise the latest incident of China’s aggression in next week’s Association of Southeast Asian Nations (Asean) summit in Malaysia.
“What I know is that he intends to express his views on the reclamation happening in certain areas of the West Philippine Sea,” Valte said.
Cabinet security cluster
The President would rather deal with the issue through the mechanism of the Cabinet security cluster, she added, with “other security officials necessary in the discussion called to join the meetings, where the WPS (West Philippine Sea) is a regular item in the agenda.”
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The Cabinet security cluster, which is chaired by Ochoa, is composed of Catapang, Del Rosario, Roxas and De Lima, as well as Garcia and Presidential Adviser on the Peace Process Teresita Quintos-Deles.
Asked if vessels from the Bureau of Fisheries and Aquatic Resources would continue to patrol the disputed areas and assist local fishermen, Valte answered in the affirmative although she said she would “have to clarify if there have been any directive” not to allow fisherfolk to venture out to these areas.
Verified, confirmed
The Philippine Coast Guard (PCG) had “verified and confirmed” the April 9 Panatag Shoal (also called Bajo de Masinloc) incident, except for the actual number of fishermen involved,
Communications Secretary Herminio Coloma Jr., said.
“The PCG has sent its reports to the DFA and the DND,” added Coloma who heads the Presidential Communications Operations Office.
Aquino renews service vow to ‘bosses’ as his ratings fall Jerry E. Esplanada
Philippine Daily Inquirer
2:38 AM | Wednesday, April 22nd, 2015
MANILA, Philippines–Malacañang has renewed its pledge to serve its “bosses,” the people, in the remaining 14 months of President Aquino’s term in the wake of the administration’s lowest net satisfaction rating since 2010.
“(W)e need to continually ascertain the sentiments of our bosses,” the Palace said, reacting to the findings of a recent Social Weather Stations (SWS) survey.
The survey found the administration’s net satisfaction rating dropping to a record-low
“moderate” +19 percent, a 15-point drop from the “good” +34 rating in December 2014.
The Aquino administration enjoyed a “very good” +64 net satisfaction rating in September 2010, when it was rated for the first time, and a “good” +45 score in March last year.
Satisfaction with the administration was “very good” in 10 out of 19 surveys since 2010. It scored good 7 times and moderate twice.
In a statement, Communications Secretary Herminio Coloma Jr. said the administration was
“fully determined to carry on and complete the priority programs in all five pillars of the Philippine Development Plan.”
He said the need to “ensure that reforms will be sustained by strengthened public institutions and tread the righteous path and ensure that good governance becomes the norm at all levels of government.”
Changing mind-sets
Coloma, also head of the Presidential Communications Operations Office, maintained that “gains from the transformation of mind-sets and institutions will be sustained and made permanent.”
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In its nationwide poll of 1,200 adults, taken from March 20 to 23, the SWS found that 48 percent were satisfied with the administration’s performance while 29 percent were dissatisfied.
This resulted in a net score (satisfied minus dissatisfied) of +19, down 15 points from +34 (58 percent minus 24 percent) in December last year.
The percentage of those who were neither satisfied nor dissatisfied increased from 17 percent at the end of 2014 to 23 percent in March.
The survey had a margin of error of plus or minus 3 percentage points for national numbers and plus or minus 6 percentage points for Metro Manila, the rest of Luzon, the Visayas and
Mindanao.
For the SWS, net satisfaction scores of +70 and above are considered “excellent”; +50 to +69
“very good”; +30 to +49 “good”; +10 to +29 “moderate”; +9 to -9 “neutral”; -10 to -29, “poor”; - 30 to -49 “bad”; -50 to -69 “very bad”; and -70 and below “execrable.”
Mirrored falling ratings
The decline in the rating of the current administration mirrored the fall in Aquino’s net satisfaction rating, which was released earlier this month.
From a “good” +39 (63 percent satisfied minus 24 percent dissatisfied), the President’s score was down to “moderate” +11 (47 percent satisfied minus 36 percent dissatisfied).
Across socioeconomic classes, satisfaction with the administration fell from “good” to
“moderate.” In Class ABC, it was a 22-point drop from +41 to +19. In Class D, it fell by 14 points from +32 to +18. In Class E, it was a 16-point drop from +40 to +24.
The survey also showed that in the Visayas, the net satisfaction rating stayed “good,” up 3 points from +31 in the previous quarter to +34.
In Metro Manila, the rating stayed unchanged from +21 in December 2014.
On the other hand, net satisfaction in the rest of Luzon went down from “good” to “neutral,”
falling to as much as 27 points from +35 to +8.
In Mindanao, it fell from “good” to “moderate,” a drop of 17 points from +43 to +26.
Maguindanao massacre
Among 20 issues, the administration got a “very bad” rating in resolving the Maguindanao massacre, scoring -50.
It scored “poor” in ensuring that no family will ever be hungry (-11) and making sure oil firms do not take advantage of oil prices (-13).
In five issues, it was rated “good”: Helping victims of disasters, +42; helping the poor, +34;
promoting the welfare of overseas Filipino workers, +34; protecting the environment, +32; and foreign relations, +30.
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The administration received a “moderate” rating in the following issues: Preparing for climate change, +29; defending the country’s territorial rights, +22; telling the truth to the people, +15;
restoring peace in Mindanao, +12, and providing jobs, +11.
It got a “neutral” rating in seven issues: Fighting crime, +9; rehabilitation of Mindanao areas hit by conflict, +7; fighting terrorism, +6; eradicating graft and corruption, +2; reconciliation with communist rebels, -3; reconciliation with Muslim rebels, -3 and fighting inflation, -8.–With a report from Ana Roa, Inquirer Research
Brillantes warns of manual voting in 2016 polls Tina G. Santos | Philippine Daily Inquirer 2:37 AM | Wednesday, April 22nd, 2015
MANILA, Philipines–Retired Commission on Elections (Comelec) Chair Sixto Brillantes Jr. warned of a possible return to manual balloting next year after the Supreme Court on Tuesday
unanimously rejected a P268.8-million contract to conduct repairs on the 82,000 automated voting machines.
“We have to comply with the SC ruling but definitely this would result in unnecessary delay in the Comelec’s preparations for the 2016 polls,” Brillantes said in a phone interview.
Brillantes brushed aside allegations that the contract was a “midnight deal” since he signed on a Friday, three days before he retired last Feb. 2.
“Maybe we’re heading toward a return to manual elections, or to the one being suggested by some groups, like Gus Lagman’s TCRES (Transparent and Credible Election System) or open system proposal,” he said when asked about the implications of the ruling.
“But using the TCRES or the open system might need an amendment of the Automation Election System law,” he added, explaining that this meant the rules of appreciation of ballots would have to be amended.
He said that there was no need for appreciation of ballots in the automated system, as it was already done by the machine.
Under the TCRES, voters will return to manually writing the names of their chosen candidates on their ballots, while the board of election inspectors will return to manually counting the ballots and putting marks on the election returns.
Automated canvassing
The difference is that there will be laptops that will simultaneously count the votes at each precinct. The votes will then be transmitted electronically to the municipal board of canvassers and the Central Verification Server. Automated consolidation and canvassing of votes will follow in the municipal provincial and national levels.
Brillantes discounted the possibility that there would be no election next year. But he urged President Aquino to fill the vacant posts in the Comelec so it could act swiftly on matters related to the coming elections.
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Comelec spokesman James Jimenez said the Comelec was prepared to adopt alternative options with still more than a year before the next elections. “We are able to adjust our timeline to take that (ruling) into consideration. We believe we still have enough time to prepare for the
elections; I think more than enough time,” he said.
Smartmatic president Cesar Flores, in a statement, said it remained unclear “why the court did not accept the preponderance of evidence presented to justify the direct contract as permissible under the Government Procurement Reform Act.”
“We have always believed that as the manufacturer of the PCOS machines and the only
legitimate source of original spare parts, Smartmatic is the rightful and capable entity in ensuring that these voting machines are in the best possible condition for the next elections with the less amount of risk involved,” Flores said.
“While these developments are part of democratic space, we urge everyone not to lose sight of the fact that the elections are barely a year from now. The sooner that maintenance and refurbishment are performed on the PCOS machines, the better it would be in ensuring the smooth conduct of the 2016 elections,” he added.
Motion for reconsideration
Flores said Smartmatic would file a motion for reconsideration.
“We find it significant that the honorable court is of the opinion that direct contracting as a manner of procurement is not intrinsically unconstitutional. We note with encouragement that the court merely takes issues with procedural matters which we are confident the procuring entity Comelec can easily remedy,” he said.
Nicanor Elman of the watchdog group Citizens for Clean and Credible Elections said: “There is still plenty of time to conduct honest bidding, or better yet introduce a more transparent system. Do it correctly this time.”
