OMBUDSMAN CHEAP TACTICS

Childish and very cheap tactics. ­­­This is what the Ombudsman is all capable of. Shame, shame, shame!

Yesterday, I received an email from the U.N. Organization on Drugs and Crime (UNODC) saying that the Transparency and Accountability Network received an objection from a state party and by that, will not be able to participate in the Conference of State Parties of the U.N. Convention Against Corruption in Amman, Jordan.

Who else could have objected to TAN’s participation?!?! Hmmm… as far as I know, we have not obtained international status yet. For other countries TAN is non-existent. So you bet, it was the Philippines who objected to TAN’s participation.

Who could be behind this objection, I wonder? Uh-duh! It’s only the Ombudsman who can’t seem to stand TAN’s presence…. a reminder of guilt perhaps.

“It’s My Party.” The Tanodbayan seems to think that anti-corruption work is like a birthday party. She will invite whomever she likes and isolate the ones she doesn’t. How childish! She will only attend anti-corruption fora attended by her good company… Or she’ll secretly manipulate the invitees of the forum before she will even participate. How convenient! Now, she’s wearing this spoiled brat behavior for the international community to see.

Magnifying the Issue. The Philippines is the only state party to the UNCAC that objected civil society participation (specifically TAN) in the Conference of State Parties (COSP), which will be held in December 8-14. An international coalition of civil society organizations called UNICORN obviously noticed this. Some way to get international attention! Apparently, UNICORN had been very vigilant about civil society participation.

Shamelessly violating the spirit of UNCAC. One of the big promises of the U.N. Convention Against Corruption is Rule 17: Civil Society Participation. The Philippines just recently ratified the Convention – November 6 – thus becoming a state party to the Convention. First step to getting UNCAC implemented in the Philippines and the state is failing already. First official act is an objection to the participation of a civil society organization (Transparency and Accountability Network) to the Conference of State Parties?!?! Whaaaaat?!?! This is some way of appreciating the concept of civil society participation!

Shame, shame, shame! This is obscenely cheap for the Ombudsman! Very cheap!

Ombudsman Configuration Prone to Corruption

THE OMBUDSMAN CONFIGURATION, PRONE TO CORRUPTION

According to Dr. Robert Klitgaard, a known expert on corruption, corruption is composed of three elements:

§ Monopoly

§ Discretion

§ Lack of Accountability

Mathematically, C = M + D – A

Or

Corruption = Monopoly + Discretion – Accountability

It makes real good sense that an environment where there is monopoly (of power, service, authority and the likes), discretion and lack of accountability leads to corruption.

Monopoly and discretion often go hand in hand. With monopoly, it almost always follows that there is discretionary power that the single firm can exercise. The single firm has the discretion to set the prices and standards of services just because there is no alternative for the ‘client’ (the public). And the client has no choice. When there is so much discretion, there is that tendency and propensity to abuse the power that one has. This is further aggravated by the lack of accountability. Even if there is that propensity to abuse power if there are accountability mechanisms in place, that propensity is reduced because there is that credible threat of getting punished. So without accountability, the propensity to abuse power increases.

Looking at the Office of the Ombudsman and analyzing its configuration and its place in the Philippine governance framework, I realize that all the elements that make corruption possible are present. This is the irony of all ironies. The Ombudsman, contrary to its nature as an anti-corruption agency, is actually a fertile ground for corruption to happen at the organizational level.

Monopoly. Only the Office of the Ombudsman does what it does. There is no other agency that can do its service.

Discretion. Because the Ombudsman has that monopoly of power, it can set its own standard to doing its job. It can define ‘probable cause’ to be this and not that. It just did anyway in the COMELEC-MegaPacific case.

Accountability. The only accountability mechanism in place for the head of the Office of the Ombudsman is the impeachment process. The Office of the Ombudsman is an independent body. Independence it seems is a double-edged sword. If independence means for the Ombudsman to become an effective check and balance against abuses in government, then that’s good. But if independence means for it to be not answerable to anybody when the Ombudsman abuses its power, then there is something seriously wrong.

These elements are very much present in the Ombudsman as shown in its resolution on the COMELEC-MegaPacific case. The Ombudsman’s resolution does not demonstrate very directly a corruption incidence. It strongly points at the Office’s vulnerability to becoming corrupt because of the strong presence of these elements.

Now, there is a petition at the Supreme Court for the review of the Ombudsman’s resolution/ decision on the COMELEC-MegaPacific case. In our analysis, should the Supreme Court find that there is grave abuse of discretion on the part of the Ombudsman, the most that the Supreme Court can do is remand the case to the Ombudsman for it to do its job again – investigate the case properly. The Supreme Court can’t do the Ombudsman’s job. The Ombudsman, on the other hand, can very well argue that it is an independent body and that the Supreme Court is overstepping its mandate. That may be a valid argument in favor of the Ombudsman. Indeed, it will appear that way because constitutionally, it is only the Ombudsman that can do that kind of job.

We also note that the Ombudsman had been very arbitrary in its definition of ‘probable cause.’ Probable cause changes definition depending on whether the case is aligned to some agenda that the OMB protects. We’ve seen that the OMB used a different standard for probable cause in a similar case.

It’s a shame how the configuration of the Ombudsman makes it highly vulnerable to corruption and the highest form of corruption at that – political corruption. In the end, we become hostage to again the over-used, over-rated POLITICAL WILL (of the one on top).

Borat-Crozed

BORAT-CRAZED

I am indeed Borat-crazed!

The guy is just hilarious! Some people don’t get the Borat joke though. Well, like what the song says, “the joke is on me.” When you start to take him seriously, that’s when you’ve become the joke.

Borat challenges all of us and our prejudices and ignorance. Surely, Kazakhstan is not how he projects her to be. But we would very conveniently believe him because it’s the easy and lazy way to knowing. It’s easier to believe rumor and bad news than really finding out the truth. It’s easier to surrender to our prejudices than to accept other views and opinions.

Sacha Baron Cohen is not an ordinary comedian. Through his art – Borat and Ali G – he is sending us a very strong message about our own intellectual frailties.

What makes the jokes funny is our own awakening. It becomes funny because we become aware of how un-true our own perceptions and opinions of other countries and people are.

Really, we are the joke. Borat is a genius to expose this through his art.

"This is Natalia… she is my sister. She is number 4 prostitute in all of Kazakhstan! Nice!”

New WeRoam Aircard Sucks

New WeRoam Aircard Sucks

The Sierra Wireless aircard was really slow but it was damn stable.

This new aircard (Globetrotter), for P500 more of the service fee I paid using Sierra, is really poor in performance. I don't feel the speed at all plus it's very unstable. It connects then disconnects in just a few minutes. You've got to be really fast when you type in your message - like 100 wpm. Because before you know it, your message gets lost in a webpage that goes TIMED OUT. Sh$%, WeRoam sucks! PLDT better do something about this cause you bet I'm upset!

P1700 a month on a 2-year service contract is really not it. 1 more month and I'm giving this up or ... I'm seeking DTI intervention for BAD SERVICE. Nobody wants to get tied up to an onerous contract... Not me anyway.

I wonder how GLOBE is doing with their own version of 'we roam'...

“Why do customers complain, why citizens don’t?”

CUSTOMERS AND CITIZENS, CALL CENTERS AND GOVERNMENT

The call center phenomenon in the Philippines is a welcome development primarily because of its economic contribution. Call centers have improved employment conditions in the country and of course, the domino effect takes its natural course…

I think that call centers may have its beneficial effects on governance as well. It transforms each citizen to become customers. Don’t you wonder, “why customers complain and citizens don’t”?

The problem is that citizens don’t internalize their being customers or clients of this government. For crying out loud, we are tax-paying citizens and we have every right to exact proper service from this government.

Call centers may be changing the Filipino psyche. They slowly teach us how to complain. If only we can internalize this role and play this up with government shortcomings. We should complain. This is yet the first step.

The next step and perhaps more challenging is for government to be as responsive as the call centers. Unlike government, call centers have a quality assurance system in place to ensure that customers get their answers quick. Why? What gives? Well, because the company outsourcing the call center service will and might just lose the customers. This is not the same for government. The paying citizens cannot just pull-out their citizenship from this country. It takes more than the issue of getting complaints acted upon to finally disown this country.

But if I were to be asked, as customers, we can just refuse to pay our taxes. Maybe then government will give a damn.

I wish we, Filipinos, could be transformed into customers by this ‘call center’ phenomenon. Let us give a damn about the tax payments we make and complain for low return of investment.

The Ombudsman and “The (Lost) Prestige”

“Every great magic trick consists of three acts. The first act is called the Pledge. The magician shows something ordinary but of course, it probably isn't. The second act is called the Turn. The magician makes the ordinary something do something extraordinary. Now you're looking for the secret but you won't find it. That's why there's a third act called The Prestige. It's the part with the twists and turns. You'll see something you've never seen before.” – from The Prestige movie

The movie "The Prestige" reminds me of the magic trick that the Office of the Ombudsman just recently performed for its most prized audience - Malacanang.

The first act is called The Pledge. The magician shows you something ordinary but of course, it probably isn't.

Gutierrez upon appointment so very expectedly broadcasted to the world her independence despite public knowledge of her connection with the first family. Gutierrez was classmate of the First Gentleman in Ateneo law school. Gutierrez also served the President at a very close range - being GMA's Chief Presidential Legal Counsel. As Chief Legal Cousnel, she also headed the Search Committee which primarily takes care of the appointments made by the President. As head of this Search Committee, she must be really one close ally ... one who is seen by the President who will protect the political agenda at whatever cost. While head of this Search Committee, Gutierrez applied for the Ombudsman post. Strange is the arrangement - Gutierrez applied for the post and she was also the one in charge of 'approving' the shortlist of nominees submitted to the President and recommending the most 'desired' candidate. How convenient for her and the President...of course, she gets herself appointed to the post. Ordinary and expected.

And because we are a forgiving and a Christian people (majority anyway), we fell for this act - the pledge of independence.

The second act is called The Turn. The magician makes the ordinary something do something extraordinary. Now you're looking for the secret but you won't find it.

Despite doubts on the Ombudsman's independence, Gutierrez was able to get civil society support very instantly because of perceived sincerity on her part to continue the reform and the small wins in anti-corruption work. Early in June, a partial resolution on the COMELEC/MEGAPACIFIC case was released which found one Commissioner and the COMELEC BAC responsible for the 'illegal' award of a contract to MEGAPACIFIC. While this did not please civil society groups, the partial resolution raised hopes from CSOs on the Tanodbayan's independence in the resolution of other big-fish cases. The hope was that the Tanodbayan would reach the final resolution of guilt of all the Commissioners who signed the Resolution of award.

The third act is called The Prestige. It's the part with the twists and turns. You'll see something you've never seen before.

In the case of Gutierrez, this act is called The Lost Prestige.

Just when CSOs were already triumphing for what could have been political will in anti-corruption fight, Gutierrez reverses herself in the Final Resolution on the COMELEC/MEGAPACIFIC case. True enough, it's the part with twists and turns, deceit and fraud and all those other related acts that make everyone scream in gross awe. Indeed, we've seen something we've never seen before:

§ The Ombudsman lawyering for the accused instead of representing the interest of the people (champion of the people, protector of the people)

§ The Ombudsman setting a high standard of 'probable cause' and lowering accountability standards

§ The Ombudsman doing extension BAC work for COMELEC to justify the awarding of the contract to MEGAPACIFIC

Like Mr. Borden, let us all expect the Ombudsman to invent new magic tricks (for the Joc-Joc Bolante and Nani Perez cases) ... be afraid, be really really afraid!

"The Departed" Solution

The cookie is starting to crumble...and the best thing to do in times like this is to just sit back and relax and watch history as it unfolds. Just that.

First, Carpio makes a 360-degree turnaround on his alliance with Malacanang. Carpio penned the decision on the People's Initiative and strongly lambasted the proponents for staging a "grand deception."

Second, Cruz takes the heating from pro-charter change colleagues. In just a few days, he resigns to the dismay of many who acknowledge Cruz' contribution to whatever is left of good governance in this government.

This growing rift may have some history of course...

Public knowledge has it that there is (was?) an alliance between the Carpio-Villaraza-Cruz firm (also known as The Firm) and the Arroyo family. The Arroyos are said to be top clients of The Firm... so we know that this closeness gets translated into favors:

• Carpio gets appointed by GMA into the Supreme Court
• Marcelo, also a known The Firm top-gun, got appointed as Ombudsman. Marcelo demonstrated independence though in his short stint as Ombudsman. Rumor has it that his resignation may have been because of political pressures that will compromise his independence.
• And there are many still from The Firm who have been recruited into this government, which includes Cruz.

According to stories, the rift may have started with a series of favors not being given here and there. Like maybe the failed appointment of Fernandez (also from The Firm? or The Firm's close friends?) as Ombudsman? Rumor also has it that Gutierrez is spreading bad word about The Firm for trying to impinge into her independence as Ombudsman.

With recent developments, who knows? Maybe "The Departed" solution may just be the cause for the breakdown of this administration.

Evil begets evil. In bad governance, trust is a non-element. In bad governance, no alliance, no agreement is binding. Now that the cookie is starting to crumble, expect it to happen fast. One piece breaks down and the whole chain falls apart. That's how frail bad governance is.

"The Departed" solution is beginning to unfold. Miriam's role as an aspiring 'entrant' to the Supreme Court could just be the final straw... Let's see, let's watch and get entertained.

I'm watching. Are you?