longcuts

There was a lively exchange of ideas between Deputy Ombudsman for the Visayas Virginia Palanca Santiago and Judge Gabriel Ingles last Thursday on the issue of the new Ombudsman circular imposing stricter guidelines on the release or issuance of Statement of Assets, Liabilities and Net Worth (SALN).
Santiago said that Ombudsman Merceditas Gutierrez merely wants responsibility on the procurer of the SALN.
She said this is nothing new because this “prohibition” existed even during the time of Ombudsman Aniano Desierto. This was reiterated during the time of Ombudsman Simeon Marcelo.
Santiago said one time, somebody asked the SALN of the former Overall Deputy Ombudsman. The SALN was later used to file a graft case against the overall deputy ombudsman.
Because of this, it was decided that there should be some form of restrictions in the issuance of SALN.
She said the SALN could be used for extortion or to malign a government official for personal gain
* * *
Anyway, under Gutierrez’s memo circular, these are the reasons that are considered as legitimate grounds for the release of SALN.
1. When the requested SALN is needed in school for study purposes.
2. When the same is disseminated to the general public by news and communication media.
3. Upon a court subpoena duly signed by a presiding judge in a pending criminal case or in the case of another quasi-judicial agency.
In addition, the memo requires the accomplishment of a form which shall be subscribed and sworn to before any Ombudsman prosecutor. The form has to be filed before the Ombudsman’s Public Assistance Bureau (PAB), which will determine whether the purpose of securing a copy of any SALN is legitimate.
* * *
Santiago said the new memo circular does not really prohibit the release of SALN.
“We only wanted some degree of responsibility on the person requesting,” she said.
* * *
Of course, there are criticisms to this.
Under Republic Act No. 6713 or the Code of Conduct for Public Officials and Employees, the public has the right to know the assets and liabilities of public officials and employees, including those of their spouses and of unmarried children under 18 years of age living in their households.
Then, there is also a constitutional provision on the procurement of information on matters of public concern.
The constitution states that the “right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.” (Article III, Section 7 of the 1987 Constitution.)
* * *
When Judge Ingles criticized these new restrictions, Santiago said why should everybody barge on the Ombudsman alone?
Why, can you easily get the SALN of judges and justices, came Santiago’s retort.
Well said, Madam.
* * *
Comelec Legal Division Chief Ferdinand Rafanan confirmed what Jarius Bondoc has written on his column last Friday.
He told Longcuts that a lot of people have been affected by what he said.
Rafanan said the Partido Lakas-Kampi (PALAKA) convention last Wednesday at EDSA Shangrila may be illegal.
It violated the Omnibus Election Code, he said, because party convention to pick its standard bearer must only be held from Oct. 21 to Nov. 19.
PALAKA held its convention on September 16.
Too early, he said.
And if we want to prevent election fraud, he told Longcuts, we must strictly enforce the election laws.
I noticed that he was highly emotional when he said this.
What was his point?
* * *
Well, he was commenting on the PALAKA convention.
Those who attended may be charged of an election offense. If found guilty, he said, they could be imprisoned from 1 to 6 years.
And those who were nominated, and accepted their nomination, could also be disqualified from running.
Along this line, he opined, the candidacy of PALAKA standard bearer Gilbert Teodoro and Ronaldo Puno may be imperiled.
When I asked if the Comelec could, on its own, proceed to file cases against the violators, he said it would be best if somebody would file the case, not the Comelec.
But somebody posed this issue – can PALAKA be considered a political party when it held its convention last Wednesday?
That’s a good defense, Rafanan said.
* * *
Rafanan gave an interesting insight on the automated election next year.
He said while it might be possible to corrupt the source code for the automated election next year to pave the way for dagdag-bawas, that job might be highly improbable.
And the probability is like saying one wins a lotto today, tomorrow, the next day and the next succeeding days for one whole week.
Or, being hit by lightning for ten consecutive days.
The only way they can hack the system is during transmission time. And transmission takes only 2 minutes maximum, he stressed. Terribly difficult for hackers to work their magic, he said.
And even if they somehow miraculously succeeded in hacking it, still, he said, they would have trouble understanding it because the data is encrypted. If they cannot decipher the data, they would not be able to make use of it, he added.
How is the data transmitted?
It’s like texting messages using SMART, Globe and other telecom companies like PLDT, he said. Very quick and very easy, he added.
How about in areas where there are no signal?
The provider will provide alternate means like installing satellite transmission system.
What happens when there is power interruption during the election, as hinted by the Energy secretary?
No problem, he said. Each machine has backup power supply that can last for at least 12 hours.
The voter is the one who feeds the ballot to the machine. It takes about 10 seconds for the machine to simultaneously scan, take picture and do a back to back recording of the ballot.
The ballot is 2 feet long. The print is back to back.
Because of the quickness of the counting system, he said, electoral terrorism could be avoided altogether. Before midnight of election day, the result of the election is already known.
Although, there will be no proclamation as yet for the presidency and vice presidency because of the prescribed congressional action.
Those who buy votes will have no chance of confronting the voter after the election because the ballot is completely untraceable, not even the gender of the voter is indicated, he said.
* * *
Meanwhile, I’ve been informed that abusive policeman Mario Torrejos of the Tagbilaran PNP has been reassigned to Pitogo or Pres. Carlos P. Garcia.
Aside from the administrative/criminal case that we filed against him, another complainant filed a case against him.
A swindling victim, who is a woman, went to the city police station for assistance. Torrejos was the receiving officer.
Instead of helping her, Torrejos proceeded to make fun, ridicule and make indecent advances to the woman in the presence of people.
He was bastos and a disgrace to the police profession, PD Edgardo Ingking told Longcuts last Friday morning.
We could not tolerate his behavior, he added.
The citizen’s complaint will be referred to the Internal Affairs Service of the PNP provincial command.
If warranted, Torrejos could be facing both administrative and criminal charges.
Torrejos is not the only “casualty,” PD Ingking said.
There are other abusive policemen who are also subjected to the wringer – a cadetship program in one of the towns of Cebu province that is intended to reorient the moral outlook of the abusive policemen.
He cited the case of the policeman in Corella who he reassigned to Mabini. Or the case of the policemen from Carmen who lawyered for the accused instead of helping the victim.
In his remaining days in Bohol, no doubt PD Ingking is making good impression against bad cops.
* * *
I’ve been told that politics is just a game of perception.
When a politician is perceived to be telling the truth, even when he isn’t, then he wins the popularity ratings.
In the raging “battle” between Cong. Edgar Chatto and Vice Governor Julius Caesar Herrera, I suppose the 1st district solon is winning.
He is perceived to be closer to PGMA. So naturally, many people are thinking that in the final analysis, Edgar Chatto will be anointed as the official candidate.
Recently, there was a news item that painted a line up of local candidates under the Chatto-Cajes wing. The news mentioned of possible candidates for the provincial board in the 3 districts. Most of the incumbents were mentioned.
True or not, that is not the issue.
What is primordial is the impression that Edgar Chatto has already solicited, and got, the support of most of the incumbents. If they flocked to Chatto, the perception is he must be stronger, powerful and more influential than Herrera.
Worse, Vice Governor Julius Caesar Herrera opted not to make his own line up saying it was still premature to do so.
And very recently, there was this story from NBN TV that mentioned of the admin’s bet in the province.
What was mentioned was Edgar Chatto as governor, Cajes as vice governor, Erico Aumentado for 2nd district and Boy Jala for the 3rd district.
And the accompanying story that after the PALAKA convention at EDSA Shangrila, there was a closed-door meeting that followed where Herrera was reportedly excluded.
When Longcuts asked him, Herrera merely answered “No Comment.”
He didn’t say it was true, he didn’t say it was not true. Longcuts was left to speculate.
And Longcuts’ speculation fuels further doubt as to whether or not he is at par with Edgar Chatto.
The reports that he is set to take his oath under Manny Villar’s NP is not helping him either.
The perception is that he has already accepted the fact that he has no chance of getting the official anointment as admin candidate and he is already thinking of his “other options.”
More when we return, stay tuned for more.