Wednesday, March 30, 2011

The Controversial Province of Dinagat

SURIGAO DEL NORTE

Background
In 2006, less than a year before the 2007 election, President Gloria Macapagal-Arroyo signed into law Republic Act 9355, creating the new province of Dinagat Island to comprise the entire Dinagat Island. It is composed of four 4th class and three 5th class districts. It is one of the two provinces that the Arroyo administration as, according to a Newsbreak report, to her political allies in the island--the Ecleos.

The new law expressly stated that the Province "contains an approximate land area of 80,212 has or 802.12 sq. kms, R.A. No. 9355, therefore, failed to comply with the land area requirement of 2,000 sq. kilometers."

From these facts, the Supreme Court (SC) ruled in February 2010 that the creation of the Province of Dinagat Island was unconstitutional because it failed to comply with the requirements of the Local Government Code, Section 461, which states demands that a province may only be created when it has an average annual income of not less than P20 million and a population of 250,000 or a contiguous territory of 2,000 square meters.

Based on the 2000 Census of Population from the National Statistics Office available at that time, Dinagat Island had only 106,951 inhabitants. Even by 2007, it had only a population of 120,812.

Associate Justice Diosdado Peralta penned the 2010 SC decision.

Later on, the Office of the Solicitor General and Dinagat Island Governor Geraldine Ecleo Villaroman separately filed a motion for consideration, which SC denied, affirming its decision on the case with finality.

SC Flip-flapped Anew
On 29 March 2011 (Tuesday), the present SC issued a ruling reversing the 2010 SC decision. This time Associate Justice Antonio Eduardo Nachura penned the decision. According to Newsbreak, "It is unclear why the SC reopened the case."

Source
____: "Ecleos of Dinagat win in new SC flip-flop," Newsbreak 29 March 2011

Wednesday, March 23, 2011

The Banco Filipino Debacle

MANILA

On 12 March 2011, the Philippine Stock Exchange (PSE) effectively delisted thrift bank Banco Filipino Savings and Mortgage Bank (BF) for "continuous violation" of disclosure rules and failing to submit structured reports. At least for two succeeding years, the bank failed to submit at least an annual report to the bourse.

In the 1980s, the Central Bank of the Philippines, under the Marcos regime closed the bank, supposedly done so arbitrarily. Then the Supreme Court ordered it opened in 1994. The rebuilding plan that the Makati Regional Trial Court approved in November 2010 required that BSP infuse P25 billion in financial assistance to BF. BSP however appealed the order to the Court of Appeals.  BF later filed a complaint for contempt against BSP. BSP filed an injunction case at the Court of Appeals.

On 28 March 2011, BSP revealed that the bank suddenly listed Perfecto Yasay Jr., a former chairman of the Securities and Exchange Commission, as its vice chairman, replacing Albert Aguirre. Since the recent bank holiday, only Yasay came forward to defend publicly the thrift bank, claiming it had more than P30 billion assets.

History

Banco Filipino got established in 1964, founded by Tomas Aguirre. The Aquirre family controlled the thrift bank. It innovated in 1965 to become the first all-woman bank, making it a hit. In 1969 it became the first bank to process online transactions in real time, giving customers the ability to deposit in any online BF branch. Since 1966 until its closure in 1985, BF was the largest savings bank in the Philippines.

In 1972, BF grew and was voted the most preferred bank in Metro Manila in 1975. By 1981, it had 89 branches, four billion pesos worth of assets, three million customers and three thousand shareholders.

But on 23 July 1984 BF declared a self-imposed bank holiday due to illiquidity. CBP did not order it closed immediately but placed it under conservatorship a week after the declaration. The central bank infused P3 billion pesos as a credit to help it. After six months of examination and supervision, the BSP released the supervision and examination (SES) report on 23 January 1985.

At the recommendation of the report, the Central Bank of the Philippines closed the bank on January 25 on the basis of illiquidity and insolvency. For most of the 1980s it remained closed until the Supreme Court declared in 1991 the bank's closure as illegal. The Court found the report was based on incomplete findings. It subsequently opened in 1994 with only 15 branches out of its original 92 branches.

In 1996, the Philippine Stock Exchanged relisted it in the bourse.

The Supreme Court in 1999 declaired that BF was entitled to damages payments because of its illegal closure.

In 2002, BSP extended P3.5 billion worth of emergency loan to Banco Filipino, of which P2.6 billion is still outstanding.

Current Condition

Bank examiners found out that Banco Filipino has been posting losses averaging P2 billion a year from 2007 to 2009, which reached to about a monthly loss of P277 million last in the first nine months of 2010. As of December 2010, it incurred P12 billion in losses. BF executive vice president and corporate secretary Francisco Rivera admitted that the bank continued to lose anywhere between P800 million to P900 million a year since it reopened in 1994. This ongoing bleeding of its finances may have been the reason it stopped filing financial reports to the PSE, resulting to its recenting delisting in the bourse.

Aside from interest payments amounting to P1 billion a year, BF has been incurring huge expenses after it paid compensation of P500 million or 2.5 times its gross income and legal fees amounting to P131 million in the third quarter of 2010 alone. More than half of the bank's outstanding loans amounting to P4.1 billion was extended to entities of directors, officer, stockholders and related interest (DOSRI). The 900 million emergency loan from the BSP in 2002 may as well have been swallowed in this DOSRI loans.

As of 10 September 2010, 91 percent of the bank's total loans became past due, which meant their principal and interest remained unpaid 30 days after their due date. Of this uncollected overdue loans, more than half (P2.2 billion) had been loaned to DOSRI.

BSP also revealed that it paid salaries, benefits, and professional fees (SBF) more than its gross income. Between 2007 and 2009, BF averaged an annual gross income of P242.5 million, but its SBF expenses amounted to P597 million a year, or 2.5 times more than its annual gross income.

BF also owed BSP about P4.4 billion in past-due loans as of September 2010.

The BSP pointed out in its comment to the Court of Appeals filed in April 5 that Banco Filipino was insolvent as it had P8.4 billion more liabilities than assets.

Voluntary Closure

On 15 March 2011 (Tuesday), BF voluntarily closed its branches from depositors without prior notice. Only the assigned guards can be found in branch premises, who in turn told bewildered depositors that the employees have not reported to work.

Information coming from an insider in a Dumaguete branch indicated that the employees received on March 14 (Monday) at 11:00 PM not to report to the bank the following day.

Two days later, the BSP ordered the closure of BF, and placed it under the receivership of Philippine Deposit Insurance Corp. (PDIC). BSP said that its liabilities topped its assets by P8.4 million. It had gathered evidence showing the bank's top officers mismanaged their depositors' money.

Banking Practices

Nestor Espenilla Jr., deputy governor of the Bangko Sentral ng Pilipinas (BSP), said that BF engaged in high-risk, high-yield schemes to attrack depositors, such as offering 14 percent interest on deposits despite the fact that other banks offer 1-2 percent only.

Because of the dismal income performance, BF lured depositors with interest rates way above prevailing market rates. While most banks pay interest of 1-2 percent for special savings deposits, BF paid so much more--from 6-13.9 percent. This result to its interest expense higher than its interest income. Between 2007 and 2009, it averaged a negative net interest margin of P1 billion a year.

BSP also disclosed that a big chunk of BF assets were actually losses that had been capitalized.

In its 170-page comment filed with the Court of Appeals on April 5, BSP said that BF operated a Ponzi scheme. Instead of investing the deposits, the savings bank used these to pay the interest of old deposits and for the daily operations. Named after its originator Charles Ponzi who made it notorious in early 1920, a Ponzi scheme is "a fraudulent investment operation that pays returns to separate investors, not from any actual profit earned but from their own money or money paid by subsequent investors," The Philippine Star reported. This resulted into a dismal performance of P242.5 million in average gross income that cannot serve its average interest expense of P1.1 billion.
Views

Senator Juan Ponce Enrile (Finance Secretary when BF was first closed in the 1980s): "You know, the money there does not belong to the bankers, it belongs to the depositors. Kawawa ang mga depositors (The depositors are the ones at a losing end), they have to be protected."

Sources
Lawrence Agcaolili: "BSP to CA: Banco Filipino operated pyramid scheme," The Philippine Star 6 March 2011
Roderick Dela Cruz: "Banco Filipino cooked the books, says Bangko Sentral,"Manila Standard Today 28 March 2011
Lawrence Agcaoili: "PDIC starts inventory of Banco Filipino assets," The Philippine Star 23 March 2011
Roderick Dela Cruz: "BSP: Banco Filipino felled by high-risk game," The Manila Standard Today 23 March 2011
Jhunnex Napallacan, Irene Sino Cruz, Doris Dumlao: "Banco Filipino blames BSP," Philippine Daily Inquirer 16 March 2011
___: "Banco Filipino operates 'without safety'--BSP," Manila Standard Today 30 December 2010

Tuesday, March 22, 2011

New Smuggling MO: Liquefied Cocaine

MANILA

Agents of the National Bureau of Investigation (NBI) arrested three suspected drug mules and confiscated 2.25 liters of liquefied cocaine (equivalent to 2.25 kilos of dry cocaine) at the Ninoy Aquino International Airport (NAIA). Cocaine exposed toa air will solidify. The items are worth an estimated P10 million. This is the first time that Philippine authorities came across the product.

Those arrested are Than Thuy Ngoc (Vietnamese, 26) and two Filipinos acting as drug mules--Carmelita Daisy Bustamante (Cambodia, Tagum City, 45) and Maria Britannical Maldo Diño (San Francisco Del Monte, Quezon City, 28).

Bustamante was arrested at NAIA Terminal 1 en route to Thailand on board Thai Airways on 11 March 2011. She carried the liquefied cocaine inside two separate shampoo containers. No apparatus in the country can detect the presence of liquefied cocaine. She was supposed to deliver the items to Diño who will deliver it to Ngoc at a hotel in Manila.

According to NBI Director Magtanggol Gatdula, "this is a new modus operandi, and this is the first in the country."

More Drug Mules Arrested

On March 17 in Bacoor, Cavite, NBI agents arrested four foreigners for recruiting Filipino drug couriers. They are Dickson Bola Akinbode (Nigeria, 41), Ousmane Diouma Bah (Africa, 44), Bathshegi Thato Lazarus (Botswania, 23), and Ade Femi Adeleke (Africa, 22).


Sources
Macon Araneta: "Liquefied cocaine smuggle foiled," Manila Standard Today 22 March 2011

Forfeiture Case Vs. Tan Companies

MANILA

In a case filed in July 1987, the Philippine Government (PH) pursued business tycoon Lucio Tan on allegations that some of his companies have stocks forming part of the ill-gotten wealth of the late President Ferdinand Marcos.

The companies involved in the case include Asia Brewer Inc., Allied Banking Corp., Foremost Farms, Himmel Industries Inc., Grandspan Development Corp., Silangan Holdings Inc., Dominium Realth and Construction Corp., Shareholdings Inc., and Fortune Tobacco Corp. (FTC). 

Fortune Tobacco Corp.

The state alleged that 60 percent of the FTC stocks are actually part of the Marcos ill-gotten wealth.

In 2010, a new tobacco company, Philip Morris Fortune Tobacco Corp. Inc. (PMFTCI), was created as a joint venture between Philip Morris (50.4%) and Fortune Tobacco Corp. (49.6%). Tan sits as chairman of both FTC and PHFTCI. The new venture has caused confusion on the part of the prosecutors who alleged that the new venture instead was a merger, dissolving FTC in the process. But the Sandiganbayan disagreed.


(Photo courtesy of Forbes.com)

Source
Macon Araneta: "Sandigan says Philip Morris merger not a done deal," Manila Standard Today 21 March 2011

Monday, March 21, 2011

House Voted Overwhelmingly to Impeach Guitierrez

The House of Representatives voted on 21 March 2011 (Monday) to impeach current Ombudsman chief Merceditas Gutierrez. And they did it overwhelmingly so.

Innuendos

Pork SMS. The plenary debates on House Resolution 1089 started at 5 PM. Representative Edcel Lagman (Lakas Kampi CMD-Albay) sought to stop the voting and asked the chamber to investigate text messages that circulated among lawmakers over the weekend that allegedly threatening them of being deprived of pork barrel funds if they do not vote in favor of the impeachment. Malacañang issued an official statement that it is not the policy of the administration to use the pork barrel to force congressmen to vote for the impeachment.

Senior Majority Leader Neptali Gonzales II (Mandaluyong) said that the text message came from Representative Emilio Abaya (Cavite), who in turn strongly denied it as a mere disinformation. Speaker Feliciano Belmonte also received the text message. The text message read: "Fr, Cong. Abaya-Favor kindly disseminate to all reps - LP and non-LPs. Thisshud b made clear to all. Those who will vote no or absent/abstain on empeachment will get 0 as in zero. At least walang sisihan that there was no forewarning..." Belmonte had initiated an investigation to identify the true sender.

To prevent Gutierrez supporters from delaying the proceedings, Gonzales motioned to start the consideration of the committee report, and Deputy Speaker Arnulfo Puentevella ordered so at past 6 PM.

INC. House members who received the calls confirmed that a high-ranking official of influential Iglesia ni Cristo (INC) called them asking to kill the impeachment of Gutierrez. Rodante Marcoleta (Alagad partylist), the only INC member in the House clarified that "it is never its policy to dictate on the House members. If indeed the calls were made, it was to urge the lawmakers and appeal to them to vote based on evidence, conviction and conscience."  

The Vote

To have the Articles of Impeachment, including the Committee Report 778 of the House Committee on Justice, sent to the Senate for trial, the House needs 95 votes.

In Favor [YES]. 212 votes (80.9%)

Not In Favor [NO]. 46 (17.6%) | These congressmen include Gloria Macapagal-Arroyo (Lakas Kampi CMD-Pampanga), Rolando Andaya Jr. (Lakas Kampi CMD-Camarines Sur), Tobias Reynald Tiangco (PMP-Navotas), Orlando Fua, Sr. (Lakas Kampi CMF-Siquijor), Deputy Speaker Jesus Crispin Remulla (NP-Cavite), Edcel Lagman (Lakas Kampi CMD-Albay), and Pablo Garcia (Cebu).

Abstained. 4 Representatives (1.5%) | Speaker Feliciano Belmonte Jr. (LP-Quezon City), Lani Mercado-Revilla (Lakas Kampi CMD-Cavite), Mark Villar (NP-Las Piñas) | Both Revilla and Villar appeared to abstain because both have family members as current senators who will be acting as Judge-Senators once the impeachment case begins trial in the Senate.

No Vote. The 22 representatives who did not register their vote included Imelda Marcos (KBL-Ilocos Norte) and Manny Pacquiao (LP-Saranggani).

The National Peoples' Coalition (NPC), Nacionalista Party (NP) and the Liberal Party (LP) voted as a bloc. NPC and LP voted YES, while NP voted NO.


Sources
RG Cruz: "INC trying to stop Gutierrez impeachment?" ABS-CBN News 20 March 2011
Jocyce Pañares: "Palace delinks pork from impeachment," Manila Standard TOday 21 March 2011
Christine Herrera: "Iglesia rejects party voting on move to oust Gutierrez," Manila Standard Today 21 March 2011

Wednesday, March 16, 2011

Ampatuan Murderers Abused Three Women

MAGUINDANAO
In his testimony on 10 March 2011 (Thursday), Dean Cabrera, police medico-legal officer, told the court female victim Cecille Lechonsito may have been sexually abused before she was killed in Maguindanao on 23 November 2009. He found 2 contusions found in her vaginal wall may have resulted from "penetration or contact of a hard object."

On 8 December last year, Cabrera said Rahima Palawan, cousin of Maguindanao Governor Esmael "Toto" Mangudadatu, may have been sexually abused based on swabs obtained from her genitals and underwear on November 25, 2 days after the massacre. The tests showed semen present in the samples, which shows direct evidence of sexual abuse or intercourse.

Cabrera also examined the body of journalist Leah Dalmacio and found traces of semen in her body and her panty liner.

In the Ampatuan town of Maguindanao, 58 people were massacred in what came to be known as the infamous 2009 Maguindanao Massacre.

Souce:
Ces Drilon: "3rd female Maguindanao massacre victim also raped?" ABS-CBN News 13 January 2011

Monday, March 7, 2011

House Justice Committee Voted Probable Cause on Merci Impeachment

The Justice Committee of the House of Representatives voted on 8 March 2011 (Tuesday) in favor of finding probable cause to impeach Ombudsman Merceditas Gutierrez. Thirty-nine members voted in favor, nine voted against, and one abstained.

The voting came after the Supreme Court issued a ruling today junking Merci's appeal to stop the House from proceeding with her impeachment. House Speaker Feliciano Belmonte Jr. texted Ilocos Norte Representative Rodolfo Fariñas to report the ruling while the voting was ongoing.

SC Voting

Five justices voted to let the House panel continute with its hearings. Five ruled in favor of Gutierrez. Two partially concurred with the majority. And one inhibited from the court deliberations.

Not in favor. Those who maintained that the House be allowed to continue the impeachment hearings are Senior Associate Justice Antonio Carpio, Associate Justice Conchita Carpio-Morales, Associate Justice Ma. Lourdes Sereno, Associate Justice Roberto Abad, Associate Justice Jose Catral Mendoza, Associate Justice Eduardo Nachura, and Associate Justice Martin Villarama Jr.

In favor. Those favored the Gutierrez petition are Chief Justice Renato Corona, Associate Justice Arturo Brion, Associate Justice Lucas Bersamin, Associate Justice Leonardo-De Castro, and Associate Justice Diosdado Peralta.

Partially Not in favor. Those who partiallo supported the position of the majority are Associate Justice Mariano Del Castillo and Associate Justice Jose Perez.

Inhibited. Associate Justice Presbitero Velasco Jr. did not attend the deliberation as his son, Marinduque Representative Lord Allan Velasco, belongs to the House justice committee.

UPDATE

The Senate Blue Ribbon Committee headed by Senator Teofisto Guingona III recommended in its 65-page report that Gutierrez "be held accountable for non-feasance." It also recommended to the House of Representative "to submit to the Senate the articles of impeachment against Gutierrez the soonest time possible," The Philippine Star reported on 10 March 2011. 

(Photo courtesy of Newsbreak)

Sources
Christina Mendez: "Senate committee wants special prosecutor fired," The Philippine Star 10 March 2011
Sophia Dedace: "SC junks Merci's appeal vs. House impeach bid," GMA News 8 March 2011

Philippines Broke Guinness Record on Planted Tree Set By India

CAMARINES SUR
Under Governor Lray Villafuerte, the El Verde 12 Million Trees by 2012 Movement set on 23 February 2011 the new Guinness World of Records for Most Planted Trees Simultaneously. More than 70,000 people from various sectors of society converged in Siruma, Camarines Sur to plant 64,096 trees in just 15 minutes, and 500,000 trees in one hour, beating India's previous record of 50,033 planted trees in 15 minutes set on 10 October 2010.

At 11:00 AM, the people grouped together in the first and the biggest environmental conservation movement in the country. At exactly 4:30 PM, Guinness World of Records Adjudicator Seyda Subasi-Geminici announced that ehey have achieved the new world record.

Source
Anjo Alimario: "CamSur's 'Green Revolution' sets new Guinness Record, beating India," Business Mirror 6 March 2011

Sunday, March 6, 2011

VP Binay Wins Amnesty From Kuwait and UAE

MANILA
Vice President returned home on 5 March 2011 (Saturday) from his trip to the Middle East after obtaining amnesty to nearly 300 Filipinos being held there on minor offenses.

Around 279 Filipinos will be repatriated from Kuwait. Most of them were runaways from their employers who had been charged with breach of contract and other minor offenses. The Filipino Workers Resource Center had them in custody. Another 13 Filipinos now under detention will be granted pardon.

Some 80 Filipinos charged with minor crimes in Dubai and Abu Dhabi were also in the process of being repatriated to the Philippines. [Full report]

Last of WWII Bombs Detonated

TARLAC
Using a radio-firing device from atop a hill 1.5 kilometer away, President Aquino on Saturday detonated the last of 4,146 bombs left over from World War II. These bombs could kill people within 32 kilometers of an island in Manila Bay where they had lain forgotten for decades.

After the ordnance were rendered safe, they were transported to the Crow Valley bombing range here in 16 trucks in February. The bombs were blasted in batches beginning Feb. 9 with the last of the lot fired on 5 March 2011 (Saturday) by the President during the close of the joint explosive ordnance operations between Philippine and US troops.

The bombs were buried in lahar and detonated at Crow Valley, which used to be a live firing range of the US Air Force until 1991. The area had been used during war games by Philippine and US troops under the Visiting Forces Agreement.

Clouds of gray smoke billowed skyward after Mr. Aquino pushed the detonator.

The President said the vintage bombs were brought to his attention in August last year. They included depth charges and antisubmarine rockets. [Excerpt from the Philippine Daily Inquirer report]

(Photo courtesy of The Manila Times)

Thursday, March 3, 2011

Where the Bucks Stop

I like what I heard as the Aquino administration's policy of governance through the mouth of presidential peace adviser Teresita Deles, as reported in the Manila Standard on 3 March 2011:

"We are hopeful we can finish the discussions within the year ... The intention of the Aquino administration is to move this process from dialogue on the table to implementation on the ground... We do not want to turn over another unfinished business to the next administration. It stops with us."

Tuesday, March 1, 2011

Miss Universe 1974 Died

Thirteen years ago the international beauty pageant, Miss Universe 1974, visited the Philippines as its host. And in that year, then Miss Spain Amparo Muñoz won the title, and became the first Miss Spain to be crowned Miss Universe.

Six months later, Muñoz renounced the crowned amidst differences with the pageant organizers. She returned to the Philippines to shoot the movie Hayop Sa Ganda with 1969 Miss Universe and Miss Philippines. Differences again with the producer-talent scout caused her to not finish the movie, and went back to Spain.

On 1 March 2011, Muñoz died after long battle against cerebellar cancer. She was 56 years old.

(Photo Courtesy of Critical Beauty.com)

Sources
Yahoo! Spot: "1974 Miss Universe and Spanish Actress Amparo Muñoz dies at 56," Yahoo! News 1 March 2011, with reports from Typically Spanish and The Philippine Star.