minority report

Indecisiveness on the Corona Impeachment Trial

2012-01-16T18:35:00.000+08:00

The dilemma is that if one takes side one way or the other, there are grand repercussions that may not be easily corrected.

A full-blown impeachment trial is least likely to result in the removal of CJ Corona. If Corona remains CJ, GMA will likely go scot-free. The Supreme Court will be an easily available court of resort for her. In the meantime, Corona becomes untouchable for one year because of the prohibition. PNoy and allies will be shamed and power reclaimed from them in 2013. The political balance changes and the politics of the past returns. This is rather scary.

It will work best if Corona resigns the earliest possible time but not just yet without convincing evidence from the prosecution panel. In other words, the drama has to unfold but deservingly through the hard work of the House team. Let this not happen so easily for the House. Why? My fear is that the impeachment instrument becomes very accessible and easily abused by our politicos to bully and harass a perceived obstacle. The way this was handled, it seems so easy for the House to gather the numbers they need to pressure an impeachable officer to resign without really intending to go the long haul. It's a bluff. Whoever blinks first loses.

I hope the prosecution does its job well - convincingly present evidence that shows how CJ Corona has betrayed the people's trust in him and his office. If not, we'll have to face the consequence of having another Arroyo back in the helm of power. Quite soon, don't you think?

Fearless Forecast on the Corona Impeachment Trial

2012-01-16T16:22:00.001+08:00

This is going to last longer than expected.

The win solution could have been that Corona resign before end January. Then everything goes back to normalcy. This could have happened with a bombastic opening - a confidence-building speech for the public to be ensured that this process is a sure win. As it was executed though, it looks like the fight will be neck to neck and the people at the losing end of this tedious process.

If the trial drags on to February, Corona would be on a winning streak. The people would be losing every minute and resources used for this trial. Without an angry civil society on the side of prosecution and an apathetic public, Corona gains ground. It is less likely that the Senate (the impeachment court) gathers the votes needed to convict him.

If Corona is not convicted and removed from office, GMA will surely ride the wave of victory and go scott-free re the case of plunder. And whatever manipulation Corona makes in favor of GMA will not be ripe for another accountability mechanism because of the 1 year prohibition. And of course the political configuration changes in 2013. PNoy and allies will not win the elections and likely, the "return of the comeback" shall happen. This is not looking well.

So yes, if the gameplan is to pressure Corona to resign, I'm in. The alternative is rather scary.

Impeaching Corona Part II

2011-12-14T15:57:00.001+08:00

With 188 votes from the Congressmen, clearly this is the perfect time to do the difficult task of impeaching an impeachable officer. From the looks of it, it was more difficult to impeach Gutierrez than Corona if we only let the numbers speak. And at that, the evidence against Gutierrez are far stronger than those against Corona. Of course, it is the political context that drives all these.

This is the perfect time for the President to make everyone fall in line. How? It is not too early for the 2013 elections and not too close as well. With the popularity of the President and the budget powers vested in his office, Congressmen would surely want to be in his favor for the following reasons: 1) They'll want the President's winnable endorsement for the 2013 contest or if not, 2) They'll want the President to give them projects (pork-barrel) so that they can 'raise' funds come 2013. Yes, the President's political capital is a BIG FACTOR to create all these movements.

If this had happened after 2013, the President's influence will have surely waned. He will not be as popular as he is now. And the political game then will be defined by the 2016 elections. More than PNoy, I expect that VP Binay will have greater political influence and leverage with Congress as a Presidential candidate for 2016.

Interesting times indeed.

Impeaching Corona

2011-12-07T12:18:00.001+08:00

It is dangerous for one branch to arrogate upon itself toreform the other branch. It is one thing to critique and another thing tomobilize resources and cross the line to ‘reform a co-equal branch.’ I believethat the excesses of the Supreme Court will be corrected by members of theSupreme Court. And this is where personalities like Justice Sereno come in.

It is another thing of course for civil society groups tomobilize and organize mass demonstrations to make the SC accountable even tothe extent of impeachment.

Hyperpresidentialism and People Power

2011-12-07T11:08:00.001+08:00

When People Power 2 happened, I was of the opinion that this is the fall of the Presidency as an institution. I was against it, coming from a very consitutitonalist/ institutionalist perspective. I was a first year student at the Ateneo School of Law...under Fr. Bernas no less. Let it be noted though that Fr. B and the school helped mobilize support for Edsa 2. I did not attend. I was marked absent that day.

I argued in class that there is no difference between extra-constitutionalism and unconstitutionalism. But of course, Fr. B would explain otherwise, thus the justification for the school to be part of this extra-constitutional mechanism of accountability.

In hindsight, delayed at that, perhaps the evolution of people power as an accountability mechanism may be historically correct, appropriate and culturally sensitive given the kind of presidential system that the Philippines has.

Many of the dysfunctions and abuses that arise in Philippine governance are hinged on the hyperpresidential system of the Philippines. The strong President has many powers that affect party politics and functionality of checks and balances. These are the powers of the purse (contrary to the perception that this power belongs to the legislature) and appointment. The president, once seated, seems to be beyond the reach of 'accountability'. The legislature's check/balance through impeachment is effectively counterbalanced by the pork barrel. The president seems to be 'infallible' until PEOPLE POWER.

So maybe as a friend of mine has said, maybe we are at the point of finding that equilibrium in Philippine politics and perhaps unique only to the Philippines. Perhaps it is not a question of parliamentary form of government vs. a presidential form of government. Perhaps it is a question of what kind of presidential form of government will work for us. And perhaps given the hyperpresidential system that we have, the matching balance is the people power which makes the President more vulnerable (not beyond reach) and directly accessible by the people.

Hyperpresidentialism and people power are uniquely Filipino. Taken separately, these concepts are viewed 'bad' but perhaps present themselves as opportunities for change if taken together. A strong president may just be needed to change elitist politics engendered in party politics - we know that parties are still captured by the elites albeit more professionalized. But we'd want a strong president that roots his loyalty to the people (not populist but people-centered). The hyperpresidential-people power formula may just be what will work for us.

Again, we are still finding that political-accountability equilibrium. There will be shifts - small and large. This is an exciting time to see the shifts and towards what direction. Interesting times.

Have appointments watch projects been a failure?

2011-08-21T22:53:00.008+08:00

In the past week, I've come across the statement that the appointments watch projects have not been successful. I did not react violently to this observation. I haven't really thought about it. The third time that I was told this, I had to pause and think about it more seriously.

I think I've reached an answer this time.

Have appointments watch projects changed anything in the governance landscape?

From an INSTITUTIONAL REFORM perspective, I dare say YES. The appointments watch projects have successfully advanced transparency and accountability in key stages of the appointment process.

The JBC public interviews have become more transparent than before. Now, the public interviews allow the general public to view the proceedings. Those that cannot be accommodated by the small hearing room can view the proceedings from outside through a projection screen and a good audio system. We can now bring our mobile phones inside the room and blast out text messages for updates. We can also bring our laptops and tweet updates about the interview.

The JBC voting process has also become more transparent and subsequently should make it easier for the public to exact accountability from the JBC. The votes are now published. Further, the individual votes of the JBC members are made known to the public. We now know who voted for whom.

Of course, there is yet a lot more to be done to institutionalize reforms that advance transparency and accountability in the entire appointments process.

From a POLITICAL ECONOMY perspective, we cannot claim success. However, I would not say that there is no impact at all. Suffice it to say that the project did not really aim to influence the President's decision as the appointing power. Only in one project did we put forward names of individuals to be considered by the President - the Comelec Appointments Watch. There were no lobby efforts also.

While we haven't really looked in this area more closely, I think somehow the project has made a dent in the political economy of appointments (perhaps theoretically). Theoretically, if we have been visible enough to have gotten the President's attention, whether by making the issue more known to the public or through the media, we'd have influenced the INCENTIVES STRUCTURE of the appointments-making process. The appointments watch projects will have factored in the decision-making battle of the President. Oftentimes, the President has a diminishing political capital. S/he starts with her highest possible political capital upon election and then after spends this on difficult decisions s/he makes as the chief executive of government. Theoretically, if the appointments watch projects have made the appointments issue a people's issue, then the President's decision to appoint will be weighed more carefully in terms of the available political capital of the President. Questions like "Is making a bad appointment worth that much political capital to be spent?" will be asked. "OR will the appointment improve the President's political capital?"

This, to my mind, is the value of the appointments watch project in the political economy.

If Erap won again!

2010-04-29T17:06:00.002+08:00

This will be a slap in the face of the elites.

It would be impossible for Erap to cheat in the elections considering his lack of machinery and funds. Tsk tsk tsk. He could actually win it at this point.

That doesn't change my vote. I am still for Noynoy. But consider the possibility.

Erap wins and I imagine the elite circles contesting this victory... constitutionality or for whatever legal argument. Will the constitutionality issue override the sentiment of the people? Will constitutionality override elections? That is the question that ought to be answered by many now. And for chrissake, let's not allow the argument that only we the elites know better and that the people didn't know what they were doing when they vote for Erap. That is too arrogant upon us and God help us, there could be civil war on socio-economic lines.

Riot at the Supreme Court

2010-04-23T14:48:00.002+08:00

Obviously. It's known to be an open secret that the mess at the Supreme Court is really just plain dirty politics between Corona and Carpio. (And yes, I refuse to call them justices. I will call them by their last names without due regard for the titles that have been bestowed upon them.) Unfortunately, with the problem framed this way, it looks like the far-reaching effects and damage this has done to our institutions, specifically on the democratic balance, is just considered collateral damage. This is how bad the state we are in right now. Personality politics override the institutional impact. Never mind what our children's children will have to face in the future, the important thing is there is victory in the game of politics now. This is depressing.

So Carpio and Carpio-Morales are out of the game. The Supreme Court has decided with finality that President GMA can appoint the next Chief Justice. GMA's term is until June 30. The JBC has completed all the preliminaries to the search process and is just about to submit the shortlist. Word is that the JBC will submit its short list next week. Nothing can stop GMA now.

I would have wanted the scenario to be a bit different. I don't effing care about the quarrel between Corona and Carpio. The eff I care about their personal ambitions! This is not about you guys...you sick sons of arrogant gods! Anyhow, it could have resulted in the same Corona appointment if the gameplan was just about that. But I guess the gameplan was to destroy EVERYTHING.

This is how I'd have wished things to be... so that there is minimal damage.

The situation was: Carpio and Carpio-Morales already backed out from the process. JBC was going through the search process in accordance with its rules and tradition. Nothing is out of bounds... yet. The Supreme Court hasn't ruled yet on the MRs... in fact, it appeared that the SC was delaying the process and passing the burden to the JBC. So what could have happened was:

1. The SC reverses itself.

2. The JBC continues with the search process and submits the short list to the next President. Anyhow, Carpio is no longer in the running. Corona is topping the list.

3. The next President will have to honor the JBC short list because the process is not defective. Carpio and Carpio-Morales took the risk by not honoring the process. And groups like ours should defend the process and the short list because it went through the regular process. There's no reason that the next President should not honor the process.

Arroyo has her hands clean. The Supreme Court redeems itself. The JBC just did its job. And the burden is passed on to the next President. Civil society organizations will have been tested on the neutrality of their advocacies and the consistency of their arguments. Corona gets appointed, just as GMA had planned. All goes well for the GMA camp.

But again, I'm dreaming. At this point, there is no desire for anyone to play it clean. Everyone just wants to get immediate gratification. I say, go find a room and masturbate.

Gibo's brand of politics

2010-04-14T20:21:00.003+08:00

I will not vote for Gibo. I find it really disturbing to support somebody who has publicly announced his loyalty to GMA. There is that recognition that GMA is his maker ... because of the break that is given to him, young that he is.

But I grant Gibo that salute with the brand of politics he brings in today's politics. Gibo's loyalty is actually party loyalty. After all, he is Western-trained and there is that great deal of maturity to stick it out with the party no matter what. At the moment however, that maturity of his political game is misplaced. And for this, he's become a convenient scapegoat. He's become the perfect target for manipulation because his actions are predictable. He's the textbook product of "right politics." He'll stick it out with the party, no matter what.

And he's done a good job by it. Even if there is clear showing of his principal playing him, he can't/won't break off the script (the textbook play). That's just what they need to keep him in close observation. That way, he'll always be within the GMA play. Poor Gibo. He's rightness could just work wrongly especially in the blind following of a textbook way. Again, context is very important.

Or could I just be giving too much credit to the Western training? I'd hate to know that he's actually knowingly playing the GMA game. Sigh.

The Bright Light Even If Circumstances Sing a Different Tune

2010-04-09T23:36:00.002+08:00

The situation right now spells a grim future for the Philippines. GMA's pawns are all spread out in strategic places. She's ready to make the big kill. All scenario-builders out there say it... but only in whispers. We know it like we are certain about black and white. And yet there is that feeling of helplessness. I know, I feel that way too. I've felt that way for quite a while now, since the promulgation of that stupid Supreme Court decision granting GMA the power to appoint the next Chief Justice despite the Constitutional appointments ban.

Anyhoo. After quite a long while of being in that dark corner of helplessness and hopelessness, I thought what else could go wrong for her. And it occurred to me, we are not in complete control of our lives. The biggest pain for her would be when she'd had everything working for her already and the taste of victory as almost at the tip of her tongue... when she's salivating and all for the taste of success. And kaboom! She's dead. After all, it could be just for any reason. A slip in the bathroom. Aneurysm. Choke while eating that fat steak.

In the meantime, while this doesn't happen yet, I'd rally in the streets and make known my stand on issues. I love this country.

THE DISCIPLINING EFFECT OF WORKSHOPS

2010-01-10T23:41:00.000+08:00

I only encountered workshops when I started working already. At least the term “workshops.” It’s really just small discussion sessions that are usually facilitated. There are rules set, questions that have to be answered, and the flow is pre-agreed. Workshops actually become most interesting when the backgrounds of the participants are very varied and contrasting and so ideas brought to the table for discussion are so different. The discussion becomes so lively and debates are heated. These are the workshops I’d like to attend. These are the workshops where you can learn new things.

At first, the naïve me hated the people who start the debates and who I’d so easily reduce to stupid people only because they think differently. I hated even starting conversations with them. I’d get frustrated with them not sharing my opinion on the issues. That is the whole point of the ‘dialogue’ (if you like) – to see different perspectives to the problem and perhaps find solutions that are out-of-the-box. But hey, if I talked to ‘like-minded’ people only, why not just talk to myself then and save the effort, time, and money of participating in workshops that would seem like monologues anyway. So then, I realized the importance of diversity of opinions, perspectives, and ideas.

But as workshops are designed, the different ideas, opinions, and perspectives get actually managed and processed a certain way – the way the designers would wish them to flow. The interesting observation I make when these workshops are held is that people start out so differently… different languages and terminologies. At the end of that 3-day workshop, people use the same terms, language and come up with the same ideas. I wonder how that all happened. It’s the grand design. Yes folks, workshops are scheming efforts to discipline ‘development actors’ to think a certain way and to arrive at solutions that have already been pre-determined. Yes, yes, and yes… we are all used to fulfill that process of consultation and participation that will ‘legitimize’ the idea that is then disposed of for whomever.

So before we even congratulate ourselves for a job well done at workshops, examine the process. Was I converted to think just like everyone else (the mainstream)? And don’t be ashamed to bring out so openly your agenda in the workshop. As a participant, you don’t come empty-handed. You are there to convert and not be converted. Or at the very least, get converted with dignity and with a fight. The process (and the rules) can either work to your favor or against you… understand how you can make use of it for your very objective. Yes folks, workshops are ways to process ideas.

So, if workshops are meant to discipline, one must make sure to be the driver of that disciplining exercise. Drive the idea to your agenda. Do not be driven. The process is only as good as the driver.

PROCUREMENT REFORM NOW, ARE WE SHORTCHANGED?

2010-01-10T23:32:00.001+08:00

Procurement reform and the specific involvement of civil society organizations in ensuring that the reforms take place have attracted much interest and attention from development organizations. The Affiliated Networks for Social Accountability in East Asia and the Pacific, a regional organization that consolidates social accountability learnings in the region, has particularly organized a regional conference on procurement reform, gathering both CSO and government actors for a meaningful exchange of knowledge and experiences related to procurement reform. The conference was held in Hong Kong last ?. I was lucky to be one of the Filipino delegates sent there to learn from the experiences of other countries.

I will be honest in saying that I did not go there empty-handed. I had an agenda that I wanted to bring to the table based on my personal learnings.

Procurement reform in the Philippines is heavily anchored on procedural reform with strong emphasis on an open competition policy. It builds on the idea that standardized processes with very little room for discretionary abuses will result in smooth, responsive, and effective procurement. This idea follows the logic that through a highly competitive and transparent process, only the most efficient and effective bid offer at the cheapest price will likely emerge a winner. The logic seems to be robust. But is process all that should drive public procurement?

It’s true that there is a lot of corruption and leakage in public procurement. And indeed, these are serious issues that should be addressed. The leakages should definitely be plugged so that public money does not go to waste and public services reach the people. For these very reasons, the Government Procurement Reform Act (GPRA) was passed into law in 2003. However, much to my disappointment, the reforms have not evolved into real development that I thought these reforms were ultimately for. I ask the question, to what end does public procurement reform really serve? Who benefits (most) from these reform efforts?

The reforms that we push give so much premium to a standard process and to an open competition policy. While this appears to be promotive of a fair and open process, the real world today is not an even playing field as shaped by history. The fairness that this type of process promotes is superficial. It is fairness that favors the developed world with firms that have longer track records and have the operational capacity to produce cheaper products. Of course this sounds a lot like a conspiracy theory; That capitalist countries take advantage of the developing world to further their imperialist objectives.

Literature would show, however, that the development of public procurement policies of advanced countries was very different from what we’re currently doing. Procurement (pre-neoliberalism) in developed countries used to be a social policy instrument. The United Kingdom used government contracting to address disabled workers' needs. Similarly, the United States government (1938) adopted a policy that it would preferably buy products produced by the blind. This preferential policy extended to “other severely handicapped” persons in 1971. In 1998, it established a procurement policy that made the disabled workers direct beneficiaries – procurement was used to improve availability of new technology for disabled workers. In other ways, procurement became an instrument to secure human rights transnationally through pressures in the name of corporate social responsibility. Procurement then had a specific social justice cause. This all changed in the 1980s when neoliberalism took reign of development policy. The state's role in the economy had been reduced and limited. Procurement became primarily a method to deliver public services and a venue for private-public partnerships to take place. “Where procurement contracts were used, as they increasingly were, as the basis for delivering these public services, 'value for money' was proclaimed as the basis on which contracts should be allocated.” (McCrudden, 2007: 11)

Regulation of procurement markets have underlying political and economic objectives. In the last 50 years, procurement “reforms” have targeted to make procurement more efficient, less expensive, and more transparent. In the 1960s (but moreso in 1980s and 1990s), procurement reforms were introduced in the international stage through treaties, which impacted on state procurements. Reforms targeted reducing barriers to international trade. It paved the way for greater market access for foreign firms. Policies such as non-discrimination between foreign and domestic firms were being adopted. “After the Second World War, domestic procurement was often seen, rightly or wrongly, as characterized by corruption, inefficiency, political capture, rent seeking, protectionism, inflated costs, and the development of cartels.” Therefore, these reform efforts seemed justified (wink!)

So again, what is the problem with a limited and reduced state? Procurement is just an instrument for development. Reform in the process does not shape the kind of development we desire. The state should define that development path. Procurement without these overarching policies for social development leads to unbridled development that continues to preserve the status quo – a status quo that will advance the rich further and endow the poor with mere trickle down effects. If we continue to do what we do now, while government services do reach the public at the most advantageous deal for government, those who stand to benefit the most from these procurement activities are the big firms that win government contracts. In the end, the socio-economic structure that we have remains unshaken. The rich become richer. The marginalized remain marginalized.

Our challenge is to be able to develop procurement policies that will promote the type of development we seek. We should not be ashamed to shape our development path and do it through an open competition and transparent procurement process. Development is not the product of a technical process. It is a political decision that requires political will.

Bringing down capitalism

2009-11-10T17:54:00.001+08:00

I realize that everything we do should be an expression of our ideological beliefs.

I am attending an ANSA-EAP forum here in Hong Kong sponsored by World Bank. The regional conference is on procurement monitoring. I've been consistent about my message here, which is a product of my studies for the past 2 years. The message is - we have to review and assess the underlying discourse that we are promoting through procurement reforms. And we all know that that is the discourse of capitalism.

We know that procurement is a tool to pursue a specific type of development. The question that we should all ask is for whom is this development that we are pursuing? Who is benefiting from the type of procurement policies that we are pushing?

I guess the point is that we have surfaced the more difficult and less discussed issue that targets underpinning values that define our beings/ persons. Then over lunch, friends and I were just talking about our various engagements. And then, a revolutionary idea pops to mind - the left debtor that has the capability to bring down an unjust structural system!

Yes, it can be done! Imagine a situation when all believers of socialism agree to avail credit cards and participate in the capitalist practice of loaning but not paying. It is economic sabotage to a scale that can cause global financial crisis just like what we're experiencing now. The current economic structure might just change too. Just as what happens now, the free market is moving towards a more controlled and socialist setup. To a certain extent, this is a backstep for capitalism. A situation big enough like individuals bailing out from capitalism could actually revolutionize the structural injustices. Social justice will have to be confronted because it will have become a war between capitalist structures and individual socialist rebels. What becomes of the world in this situation? Yes, we expect the lenders to become more careful in giving out credit cards and will do extensive investigation on who can really pay up. And yes, there will still be participants in this process but then this becomes an ideological decision on the part of the individual. Individuals consciously decide to become a part of a capitalist process. There will be a social divide between capitalists and socialists and no one is a hostage of a capitalist society of which she doesn't want to be a part of. There will be options for people. Of course, that is just a battle in the credit market. But it is an opening for all. Alternatives will have to be created. But imagine the possibility of changing the landscape for socialists. I am not one but I feel the need for the structures to be revolutionized and to radically change for more responsible individual living.

Again, our lifestyles should be an expression of our ideological beliefs!

is neoliberalism the current hegemony?

2008-05-02T00:30:00.003+08:00

Many would submit that Neoliberalism is the current hegemony, it has omnipresent influence in all political and economic policies and decisions and in the way the global order is set up - a free market and minimal state. I think that it is a big scam. There is something problematic in the way neoliberalism is believed to be the current hegemonic influence, especially as it is promoted in the developing world, where the state is quite-so weak (and almost consequently minimal... in its reach, even if it overstretches itself). The advanced capitalist nations, on the other hand, are far from what the neoliberalist ideal order describes. The state is centrally positioned in defining market actions, spaces, and changes. The state is never minimal. The state is very much integrated with the market, almost like a half-sibling. So all this fuss about neoliberalism as a current hegemony seems to be rather very carefully designed to endure the thinking of state vs. market and to further weaken the developing states' hold over the development path that they choose. With neoliberalist-influenced or rather imposed policies, the developing states actually surrender their power and authority to the advanced capitalist states who claim the same fate of minimalism.

WHEN THE STARS CONSPIRE

2006-12-23T00:41:00.000+08:00

WHEN THE STARS CONSPIRE….

This is the time of the year when people are seemingly cool-headed about everything… No hot heads, no shot-up blood pressures, no screaming and cursing. At least, just this time of the year, I’ll try to join the crowd.

This time of the year, I’m putting aside bad blood between me and the Ombudsman. In fact, I'd like to thank A.O. (Acting Ombudsman) Mark Jalandoni and Tandobayan Merceditas Gutierrez for their ill-willed motives and distastefully-planned put-down operations against the Transparency and Accountability Network. If there’s anyone who had benefited (I think/ I believe) from these moves, it was I. Thank you, thank you, thank you.

I believe that the stars conspire to let things happen in the most unusual and strange way. I call this Divine Intervention or a MIRACLE! I guess there’s no other way to put it especially if your most criticized 'nemesis' plays an important role and makes the most significant contribution to your blessings! I think this is what just had happened to me this year - a miracle!

I applied for a British Chevening scholarship early this year. It was a really long-shot deal for me. But what the heck, it’s worth the try especially since, the ‘mayabang’ me would like to believe that I’m an emerging leader and an opinion-former in the formative stages of my career. Naks! (with a bit of disgust in my tone).

To my mind, my main ticket to the Chevening scholarship is the Transparency and Accountability Network and my being an young leader in the network. TAN is a network of 23 organizations from different sectors involved in anti-corruption work. TAN's anti-corruption cause has been highly esteemed especially because it is not political. As Project Coordinator of TAN, I am very privileged to be part of the whole scheme of trying to change things for the better in the name of transparency and accountability, and ultimately towards good governance.

The long and short of it, PERHAPS because of the cause I embrace and the organization I’m affiliated with, I qualified for interview (November 22). The interview panelists asked me to explain to them what TAN is because they haven’t heard of it. I thought: That’s it for me… TAN is a non-entity! And I’m supposed to be banking on my affiliation with TAN and my being an emerging leader in the network.

Then, about the same period as the panelists were probably deliberating on who from the 20 individuals (out of 200+ applicants) who qualified for interview will become final nominees for the British Chevening scholarship, the Ombudsman made the biggest faux pax. The Ombudsman blocked the participation of TAN to the UN Convention Against Corruption Conference of State Parties in Amman, Jordan. The Philippines’ first official act as a state party to the UNCAC was to block an NGO from participating contrary to the Convention’s spirit. An article in the Convention on CIVIL SOCIETY PARTICIPATION is in effect breached, violated and completely disregarded by the Philippines.

The Philippines, being the only state party to have blocked a civil society organization to participate, obviously got the international attention it did not want. The Philippines received some beating from various international non-government organizations including the UK-based Global Unions Against Corruption (UNICORN) because of this badly thought move. For this stupid and immature action by the Ombudsman, TAN became an overnight star – many international NGOs sympathized with TAN and wrote the UNODC for the lifting of the block against TAN. The TAN Executive Director - Vincent Lazatin - felt like a rock star in the COSP where everyone in the Civil Society Event seemed to know him. Vincent was even unanimously voted to deliver a speech before the COSP to talk about the importance of civil society participation in anti-corruption initiatives.

Overnight, TAN became known… And to my mind, insofar as the Chevening ‘competition’ is concerned, I’m back in the game.

Last December 20, I got a letter from the Britsh Embassy and it said:

Congratulations! You are one of the final nominees for a Chevening Scholarship Award for 2007 – 2008.

If indeed, my theory in this write-up did it for me, my many thanks to Acting Ombudsman Mark Jalandoni and Tanodbayan Merceditas Gutierrez! Thank you so much - This is yet the best Christmas gift I have received. Thank you!

RAPIDE: Dissatisfaction Guaranteed

2006-12-11T19:55:00.000+08:00

RAPIDE: Dissatisfaction Guaranteed

Let's start with the facts ... to be fair. My car was 8 years old when I got it two years ago. So now, Inday is 10 years old. In the automobile industry, Inday ought to be replaced already. Plus, I'm like the 5th owner already... surely, Inday's been through a lot then. A lot of misuse, overuse, abuse, etc. My mechanic would say though that Inday's engine still looks good and a lot of the parts are still original and my rides with Inday are still okay anyway, most days.

Anyhow, as expected... one would have car trouble with a car that's 10 years old. So I had one one day and fortunately or unfortunately I had a breakdown in Market2x and the nearest repair shop is Rapide. Brought it there and as though Inday were a patient, I shared a litany of symptoms that brought Inday to its state:

Below is the letter that I sent RAPIDE MANAGEMENT but of course and as expected, no remedy... so as promised, I'm posting this letter to warn other car-owners like me who get fooled by RAPIDE Satisfaction Guaranteed advertisement...

September 1

To Whom It May Concern:

I had my car checked in to your branch in Market2x yesterday - Daewoo Racer ETI 1997
Plate ADP 227. The problem I explained was that it would stall after a while that it
would be running and then would not start. I explained further that I just had the
distributor cap replaced and the spark plug wires (hi-tension wires)as well.

Just this morning, I spoke to Edcil about the problem. Sabi niya dina-diagnose na
daw and that they would be able to identify the problem soon. I was very clear
that I just want my car to run properly when I get it. He had the spark plugs
replaced, the fuel filter replaced costing me P2000. That's not a problem kung at
the end of all these works ay tumakbo naman ng maayos ang sasakyan ko.

When I got there to check out my car, ini-start ko and I noted that the problem is
still there...sabi ni Edcil wala na daw and that it's just vibrating because of the
loose engine support. No, the engine is struggling I said and it's not just engine
support problem. Sabi ko pa nga, I bet titirik na naman ang sasakyan a few minutes
I'd have it running. Tinanong ko pa kung tinest-run nila. Sabi daw about 20 minutes
in the parking area of Market 2x. Sinungaling, I don't think that ever happened.
You know why? I got my car nevertheless (paid 2k for work that did not do anything
to solve my problem) and pagexit pa lang sa parking, nagsstruggle na ang sasakyan
to move. I/we struggled until Comembo (which is just 10 minutes away from Market
Market) and finally, it stalled.

So I paid 2k for something that did not address my problem. I am very disappointed.
I want my money back for bad service... Replacement of spark plugs (P750) -
spark plugs of good quality for daewoo racer eti is priced at 300; replacement is
easy i would say because i do my own replacement at times; 450 labor and for
something that did not improve the performance of my car is too much.

I'll also find out how much the fuel filter costs...

I am really disappointed with the service that your people do. Makikidebate pa para
sabihin that your diagnosis is one of elimination... replace a part first then see
if it solves the problem. Ano yun, guess work?! That is not diagnosis... there are
tests that can be done to see if a part is damaged. In fact it's all in the
internet... i thought your people should know. After all, Rapide is pretty known and
appears professional. Yun pala, parang talyer lang din na guess work. What a shame.


Anyway, I want things to be addressed very soon. I will call Edcil tomorrow morning
to let him know what happened and that he lied to me about having my car test-run
for 20 minutes. I expect good management/problem-solving response here. I'm sorry
but it's not fair to charge 2000 with perhaps half of that as labor cost for some
haphazard job... just to earn profit. That's not good honest business... that is
plain-old cheating.

I hope we get to meet half-way and I hope management is not taking things lightly
to protect its personnel vs. the protection of customers.

Please reach me. ********* (my cp number).

====

So to all of you, be wise when you have your car repaired. Search the net first and
find out more about what the possible problems your car could have. Gosh! Buti na
lang the world is flat and the power is in the tip of our hands.... I love search
engines.

OMBUDSMAN CHEAP TACTICS

2006-11-29T02:04:00.000+08:00

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

2006-11-27T02:19:00.000+08:00

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

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

2006-11-21T19:27:00.000+08:00

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

2006-11-21T19:25:00.000+08:00

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?”

2006-11-08T13:01:00.000+08:00

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”

2006-11-08T10:34:00.000+08:00

“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

2006-11-08T10:01:00.000+08:00

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?

When the Ombudsman Fails...

2006-10-30T00:25:00.000+08:00

A lot of my energy has been consumed these past few weeks because of this scary thought.... what next when the Ombudsman fails?

The Ombudsman Supplemental Resolution on the COMELEC/MegaPacific case is some strong signal about how Gutierrez just plans to play her game the next seven years. Yes people, she's got seven years as Ombudsgirl and that's a scary thought!

I'm no lawyer but I do know a bit about how governance works in this country. We in the Transparency and Accountability Network have been ranting about the Ombudsman Supplemental Resolution. And who shouldn't when it's full of disinformation?! Significant facts of the case established in the Supreme Court decision have been deliberately ommitted or mis-presented in the resolution. At the very least, the resolution is confusing the greater public. And the worst thing that you can think about this resolution is that it is part of the government's general disinformation campaign.

So what now that the Ombudsman is failing the people?

Unfortunately for all of us, there is no alternate solution. Only and only the Ombudsman does the job of 'protecting the people.' The Ombudsman is the only agency charged with prosecuting cases against abusive government officials at the Sandiganbayn. When it doesn't do its job, we're stuck with that. Sure, we can run and ask for the Supreme Court's intervention. But what will come out of it is just for the Supreme Court to probably declare an 'abuse of discretion' on the part of the Ombudsman. And then... ask the Ombudsman to re-do its job. Again and again, the job that has to be done goes back to Gutierrez by virtue of the agency's independence. This is Gutierrez' strongest weapon... she is hiding behind the cloak of independence!

But so they say, impeachment is a solution... NOT with the composition at Congress. Impeachment as a political process is no solution at all... it's all a numbers game. Forget the evidence, forget the arguments. The deliberations that happen are all for show to the unknowing public. The numbers are determined early on in the game and for the undecided, the convincing usually happens behind closed doors with money on the table. Of course, there are those very few that actually seriously consider the outcome of the proceedings...

So what next?!

My wish is that the Supreme Court will stand its ground and over and over again remind the Ombudsman of its mandate, however embarassing for the latter! The Supreme Court could be accused of overstepping its authority but with constitutional gaps such as this, it is just but called for that the Supreme Court take an active stance in pursuing the purpose and spirit of the Constitution.

When the Ombudsman fails to protect the people, I hope and pray that the Supreme Court gladly assume the role as protector of the people.

OMB Hearing on COMELEC (July 20 hearing)

2006-07-31T01:31:00.000+08:00

· The Counsel representing the Bids and Awards Committee of Comelec clarified whether the members of the BAC are treated as respondents or accused and asked whether there is a possibility that the resolution of the Office of the Ombudsman be changed after the conduct of the clarificatory hearings. The Counsel also filed the motion to withdraw the OMB resolution or suspend the effects of the resolution on July 19, 2006 at the Office of the Ombudsman and asked for the Office to respond to this motion during the clarificatory hearing. Orlando Casimiro and Dennis Villa-ignacio requested that the Office be given ample time to respond to the motion filed by the Counsel.

· The manifestations made by Abalos, Borra and Tuason questioning the authority of the Ombudsman to investigate the case involving impeachable officers was received by the Office of the Ombudsman on July 17.

The Ombudsman released an order dated July 19 and responded that they have the authority to investigate cases involving impeachable officers pursuant to Section 22 of the RA 6770 (The Ombudsman Act). According to the deliberations made on Senate Bill #? on the creation of the Ombudsman, Guingona made an observation about Section 22’s conflict with Section 16. Enrile responded in the negative … (on what basis, not clear to us).

Further, the Order has defined ‘serious misconduct’ to mean all grounds for impeachment and not the same as the Civil Service Commission’s definition of serious misconduct. Serious misconduct includes the following among others: culpable violation of the Constitution, treason, bribery.

Section 22 need not require an initial administrative complaint and that the Ombudsman may conduct investigation motu propio.

· The panel also mentioned supplemental rules to the clarificatory hearing:

1. There will be no cross-examinations by parties but may submit their questions to the panel for the panel to ask

2. All manifestations should be in writing

· DOST officials were invited to present an overview of DOST's testing and technical evaluation of Automated Counting Machines. The DOST officials present, were as follows:

Sec. Estrella Alabastro
Usec. Fortunato Dela Peña
Engr. Ronaldo Villoria (Executive Director of TAHEC and Chairman of the Technical Evaluation Committee)
Engr. Fred Liza

· Atty. Emilio Capulong of Bantay Katarungan, one of the complainants, raised his concern over the timeliness of the presentation--"Why is the presentation being done now and not prior to the release of the resolution?" Casimiro reiterated that the hearing is a continuation of the preliminary investigation conducted by the Office of the Ombudsman.

Quick Notes on the DOST Presentation:

· DOST said that they did not make any recommendations on what machines the COMELEC should procure. DOST was authorized by RA 8436 to conduct evaluation and testing on the automated counting machines (ACM). TAHEC (a DOST division/arm) along with the Technical Working Group prepared the technical requirements for the procurement of ACMs

· There were only two bidders who submitted machines for evaluation – Megapacific Consortium and Total Information Management (TIM)

· The scope of the evaluation covered only 27 key requirements out of 206 requirements as per COMELEC’s request for proposal. The 27 key requirements are as follows:

1. Accuracy requirement of 99.995%

2. Audit trail

3. Election retain

4. UPS

5. Ballots (2 sided)

6. Detect previously counted ballots

7. Capability to restore results

8. security feature

9. security feature (physical key)

10. safe use

11. capability to connect to printer

12-13. election results

14. audit trail

15-22 City and municipal software

23-27 Consolidation system software

· During acceptance testing, only 10 key requirements were covered for inspection. The 10 requirements focused on the hardware component only. During acceptance testing, 1991 units of Megapacific were tested. TIM units failed during evaluation.

· DOST officials also verified whether the machines were pre-programmed. The verification process involved mixing of ballots (between two precincts) to check whether the machines were programmed to register a count of the expected number of ballots in a specific precinct vs. actual count.

o (Own thoughts: Does this mean that the ACMs can actually be programmed to count?)

· DOST made the observation also that during evaluation, they requested the bidders to submit 2 machines. Megapacific submitted only 1 vs. TIM submitted 2. DOST also required that reading of the ballots be two-sided. TIM’s machines read one side only. DOST sought COMELEC’s response to these observations (I failed to note what COMELEC’s response was).

· DOST also noted that the ballots submitted for counting by Megapacific were preshaded by the supplier while TIM’s ballots were preshaded by COMELEC.

· No COMELEC Commissioner was present during the bidding. A certain Atty. Jun Tolentino was the designated representative of the COMELEC.

· The allowable margin of error set by DOST is 1 out of 20,000. DOST notes however that RA 8436 requires accurate count of the ballot in the form prescribed by the COMELEC. At this point, COMELEC has not yet prescribed the form of the ballot but to DOST, that is not relevant anymore and that accuracy of the count is more important for the conduct of their evaluation.

· DOST noted also that during acceptance testing, Megapacific complained about their ballots having altered markings already. They noted that their ballots had finer markings and the shadings were inside the box but during testing, there were ballots that weren’t consistent with their own.

· TIM requested for a retest of their machines which the DOST did. During the first test, TIM had 5 out of 27 pass marks and during retest scored 9 out of 27.