To The Point

Emil Jurado
August 10, 2010 ManilaStandardToday
Military reservations can’t be alienated

There’s a joke going around town that the reason President Benigno Aquino III softened on his Executive Order No. 2, revoking all the so-called midnight appointments of former President Gloria Arroyo, is that he doesn’t have enough classmates, relatives and buddies to fill the 927 executive positions.

Apparently, hitting and missing is fast becoming a habit of the administration.
First, the administration had to clarify Memorandum Circular Order No. 1, purging all non-Career Executive Service Officers (Ceso) from the bureaucracy, only to come up later with a second circular extending the directive to Oct. 31.

But even that seems unlikely. Becoming a Ceso under the rules of the Civil Service Commission takes six to 10 months.

Now Malacañang says that not all midnight appointees will be jobless. P-Noy is also back-tracking on judicial appointments.

Santa Banana, this is what I mean when I say that people around P-Noy have so much hatred in their hearts. They have a mindset that everything involving the former President is evil that must be exorcised.

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In his State-of-the-Nation Address, President Aquino stated that in connection with his policy of public-private partnership, there was an offer of no less than US$100 million to develop the naval reservation along Roxas Boulevard and the military reservation in Fort Bonifacio.
Insiders say that the offer came from Megaworld taipan Andrew Tan.

It is not known who among the people around P-Noy told him that, but it’s obvious that they failed to do their homework. Indeed, not all lawyers know the intricacies of the Public Land Use Law.
First of all, military reservations are done by proclamation order, an order which made the naval reservation along Roxas Boulevard and in Fort Bonifacio. As such, they are beyond the commerce of man. They are inalienable; they are not disposable.

Only Congress can enact laws to make lands belonging to the public domain alienable and disposable. This simply means that Congress must first enact a law. But even that has its limitations since first and foremost, the naval reservation along Roxas Boulevard is a reclaimed land which has no title.
The alienation and disposal of the Fort Bonifacio property by the Bases Conversion Development Authority is different because it is titled. And so is that of the property of the Joint United States Military Assistance Group, which was taken over by the government when the American Parity Rights expired.

My gulay, it would do well for P-Noy to tell his people to do their homework first. They succeed only in embarrassing him, making him look like a bull in a china shop.

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President Aquino says that he’s investigating why the text of his Sona was leaked to the Lopez-owned ABS-CBN before he delivered it before the joint session of Congress last July 26.

Actually, he doesn’t need to look far. Only about six people helped him finalize his address. They are Executive Secretary Paquito Ochoa (who took care the legalities), Presidential Management Staff Chief Julia Abad (who gave him inputs from different departments and bureaus), Presidential Spokesman Edwin Lacierda, Secretary for Messaging Ricky Carandang (a former news anchor for the ABS-CBN News Channel), Undersecretary Manolo Quezon (another ANC anchor and a columnist), and Secretary for Dissemination Sonny Coloma.

All P-Noy has to do is to find out who gains most from the leak. This is not the first time breaking news has been leaked to ABS-CBN; whoever did it might simply be paying back the Lopez-owned network.

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A friend of mine says that P-Noy should be given the benefit of the “daw” (a play on the word “doubt”) with reference to his grand promise of curbing corruption in government.

“Sabi nya, kaya daw labanan ang katiwalian, kaya huwag na muna natin siyang husgahin.” (He says he can fight corruption, so let’s withhold judgment).

Given the high trust rating that P-Noy presently enjoys, I am confident that this sentiment is shared by the majority of people. Well, if we can give the President the benefit of the “daw,” this should be extended to the members of his official family, particularly those whose appointments have raised some eyebrows.

There’s for instance, the four members of the Abad family who now hold positions in government and whose duties are inter-related.

Again, my friend cracks, “A bad may be acceptable, but four would be extremely bad.”
It should be obvious by now that President Aquino is not bothered by the Abad issue, so let’s give him the benefit of the “daw” on this one, too.

Another official whose appointment has drawn flak is Customs Commissioner Angelito A. Alvarez (AAA to BoC insiders). He got brickbats from all quarters on account of a golf scorecard cheating issue that refuses to go away. By now, I am sure AAA realizes how it must feel to be placed under a microscope, especially under a leadership that is on a quixotic quest to eradicate corruption. Par for the course, my golfing friends would say.

Lucky for Alvarez that P-Noy and Finance Secretary Cesar Purisima have closed their eyes and ears to all the criticism thrown at him.

With that kind of morale boost, AAA didn’t waste time pussyfooting as he hit the pier grounds running. He confidently declared that the country’s second biggest revenue-generating agency (the Bureau of Internal Revenue is the first) would meet its P280-billion target this year. He even expressed optimism that he’d surpass it.

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Customs has always been regarded as a corrupt government agency. It topped a 2008 Social Weather Stations survey on enterprises that are perceived as most corrupt. The BIR and the Department of Public Works and Highways were mere runners-up.

Thus, AAA has a big challenge to meet. He seems to know it; he has instituted a lifestyle check for Customs officials and the rank-and-file.

Influence peddling has to stop, he says. There should be no more money on the drawers of Customs personnel. He has installed CCTVs in Customs offices in various parts of the country.
Let’s hope that Alvarez can back up his big words with big deeds, Yes, let’s give him the benefit of the “daw” before we rate him on his scorecard.

* * *
The Philippine Airlines labor problem has become a big challenge for the Aquino administration. No less than 25 pilot-captains have resigned and some 1,200 other pilots, flight attendants and stewards have threatened to strike because of low pay and lack of job security.

The mistake of the administration was to get involved with no less than three Cabinet secretaries—Department of Transportation and Communication Secretary Jose de Jesus, Labor Secretary Rosalinda Baldoz and Justice Secretary Leila de Lima—trying to broker a compromise agreement between management and the employees.

My gulay, there were even talks that government should take over PAL because the cancellation of flights was affecting tourism and investments!

What a bad idea. The administration is already scrounging for cash. Moreover, don’t we all know that government is the worst manager of all?

PAL itself is also committing mistakes by threatening to file charges against the resigned pilots. You don’t go to a negotiating table threatening people.

Personally, I believe that under our capitalistic system, if a business isn’t making money and can no longer work for the best interests of the country, it should fold up. PAL isn’t the only airline. Certainly, the vacuum it would leave will be filled sooner than we think.

Considering that Lucio Tan himself has been very silent over this problem, I believe that he has had it with PAL. That’s not his only line of business. He has other interests that are making money.

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This problem also brings to fore the controversial issue of “Open Skies,” an issue which has held the government hostage by a single interest.

For so many years, Presidents and governments have hesitated to open our skies to all foreign airlines despite our neighbors declaring their skies open. It’s about time the Aquino administration take a closer look at the problem. We should open our skies for the sake of national interest.

I, for one, have been against opening our skies to foreign airlines on the belief that PAL cannot survive against its big competitors, most of which are subsidized by their governments. But, since we now have become a global community, the days of protectionism are over. Survival of the fittest is the name of the game. If Lucio Tan’s PAL cannot survive in a highly competitive business like an airline, well, it’s time to go. And Santa Banana, the government cannot be forever sacrificing the public good just for one business interest.

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My advice to President Aquino on the US$10 billion offer of San Miguel Vice Chairman and Chief Operating Officer Ramon Ang, together with some Malaysian interests, to buy out the Philippine Amusement and Gaming Corp. is this: Take it.

It’s the best offer the administration can ever receive. Pagcor must be made an engine of growth and development. I’ve always believed that gaming and entertainment is the future of the country.