Philippine opposition to challenge legality of Truth Commission

Albay first district Congressman, Edcel Lagman

MANILA: Opposition lawmakers in the House of Representatives will challenge the legality of the Truth Commission, House Minority Leader Edcel Lagman said yesterday.

Lagman said the opposition bloc is planning to file a petition questioning the constitutionality of the Truth Commission that has been tasked to investigate anomalies and irregularities allegedly committed during the administration of former President Gloria Macapagal-Arroyo.

Arroyo, according to her spokesperson Elena Bautista-Horn, remained unfazed by the move to create the Truth Commission and said they had already anticipated it and vowed to cooperate with the investigation.

Arroyo is scheduled to attend her first session tomorrow as representative of Pampanga’s second congressional district.

Lagman said the Truth Commission created by President Aquino needs a law in order to be effective. He described the Truth Commission as “constitutionally infirm” since it would need an action from Congress to carry out its mandate of investigating the supposed anomalies and irregularities of the previous administration.

President Aquino formed the Truth Commission, which he said would put “closure” to the allegations of graft and corruption against Arroyo and her officials during her nine-year administration.

Mr. Aquino signed Executive Order No. 1 on Friday, creating the five-man commission that will “investigate allegations of anomalies during the last nine years” of the Arroyo administration. Aquino yesterday said the Truth Commission would be fully independent, and he would leave it up to the Commission to decide whether it would summon Arroyo.

“What’s important to me is that it will be independent. I would want to ensure that there is no doubt as to the credibility of their final output. So, I cannot decide if they need to summon and what avenues they will go through, and what areas specifically to start with. We gave them the mandate to uncover the truth in all issues,” he said.

The President said he would rather allow former chief justice Hilario Davide to name the members of the commission.

He explained the Truth Commission would have the power to subpoena witnesses and documents, declare possible state witnesses and call on any government or prosecutorial agency for assistance.
Lacking authority

Lagman, however, said the petition to question the legality of Executive Order No. 1 was not meant to protect erring officials of the Arroyo administration.

“The projected court action is not to shield officials of the previous administration who can be indicted and tried before existing prosecutorial and judicial bodies,” Lagman said.

“The sole purpose of the judicial recourse (petition) is to uphold the sanctity of the Constitution on separation of powers and maintain the rule of law,” he said. Lagman said Congress must enact a law that would legalize the Truth Commission and give it powers and functions as well as funding to enable it to carry out its mandate.

He said the Truth Commission was only created by an executive order that lacked the necessary prosecutory powers like the Presidential Commission on Good Government (PCGG), created by the late President Corazon Aquino to go after the ill-gotten wealth of the Marcoses and their cronies without necessarily going to the courts.

Although the PCGG was created by an executive order, Lagman said the agency virtually had legislative imprimatur since Mrs Aquino at that time was acting under the Freedom Constitution of the revolutionary government in 1986 when she took over from the late dictator Ferdinand Marcos.

Via Peninsula

The ProPinoy Project

  • ATTENTION MANILA MAYOR ALFREDO LIM

    One of your Manila Board of Regents, Mr. Jesus B. Trinos Jr., was alleged involved in a Fraud Complaint in a multibillion peso anomalous deals, the Capability Upgrade Program (CUP), AFP Modernization Program Fixed Communications System Projects SCAM as supplier/agent for Datatrail Corp., Ceragon Networks Israel and Alcatel.

    We need your help in the speedy investigation the one-million-peso-company Datatrail Corp. grossly defrauded the Philippine government, illegally bagging the Contracts in AFP DID NOT PASS the 1ST STAGE BIDDING THE ELIGIBILITY STAGE Datatrail Corporation DID N0T submit their Eligibility documents thereby grossly violating the RA9184 and IRR, this PhP 55,000 taxpaying company getting the multi-billion projects in AFP by fraud and influence peddling.

    We know you as Mr. Clean honest disciplinarian and well known as criminal fraud buster, you hate Cheaters (ayaw po ninyo sa mga sinungaling, mapaglinlang, manlalamang, magnanakaw at mandaraya) especially when they are taking advantage of your good image; even using you and your good name by photo ops. We just saw you recently with Mr. Trinos and Ms. Gemma Cruz-Araneta at PLM during the ceremony welcoming the two new Regents. This is quite disturbing knowing that your good reputation will be at stake here gladly endorsing Mr. Trinos as Manila Regent. Mr. Jesus Trinos is currently involved in various fraudulent illegal activities highly anomalous deals controversial biddings and kickback schemes seen to be raking millions of dollars in government deals that are tainted with graft and corruption issues, influence peddling, grave collusion, daylight robbery and treacherous conspiracy among suppliers and the AFP DND BAC.

    Jesus Trinos Jr. PLMAAI President (representative/agent for Ceragon Networks Israel, Datatrail Corp. and Alcatel) and Hermie Orbe PLM Foundation President (representative/agent for Alcatel) are both MAJOR PLAYERS here as telecommunications suppliers actively participating in the highly anomalous controversial AFP deals and they are on the way to transfer the AFP Modernization Program Funds thru PLM Foundations in which they elected themselves as officers to control the PLM Scholarship bank accounts they opened these bank accounts in Makati City (not in Manila) !?? These suppliers bagged Contracts the AFP Modernization Program Funds illegally, by massive fraud, collusion and these conspiring vendors have entered into JVA (c/o Ceragon Networks Israel and Datatrail Corp.) without Income Tax Return Stamped Receipt from BIR (EFS), etc., grossly violated the latest Government Procurement Act RA 9184 and IRR on JVA published early 2005. Like the Film Scam in 1994 (where the late Ms. Viveka Babajee the Miss Mauritius 1994, she announced the Winners by Fraud; likewise here, the suppliers in conspiracy with the AFP DND BAC 2005-2006 they announced the Winner thru a mere JVA declaration they exacted ‘switching of ballots/Winners’ i.e., thru a JVA, AN INSTANT Winner was declared by DND BAC, Winner without eligibility documents and BYPASSED THE 1ST STAGE BIDDING THE ELIGIBILITY STAGE ! )

    Government fraud is A VERY SERIOUS CRIME !

    This is a national interest and your local government interest as well especially that one of your Regents was deeply involved in these illegal acts that are tainted with GRAFT AND CORRUPTION and fraudulent transactions, the AFP DND BAC highly controversial anomalous deals.

    Sadya po nilang iniligaw yung mga Signatories na binabanggit nila. They DID NOT follow the rule of law the latest RA 9184 and IRR on JVA published early 2005. Datatrail Corporation DID NOT participate the 1ST STAGE BIDDING which is the MOST IMPORTANT STAGE BECAUSE IT IS THERE WHERE WE CAN SEE IF THIS COMPANY, DATATRAIL CORPORATION IS PAYING THE RIGHT TAXES and TO SEE THE QUALIFICATION HISTORY OF DATATRAIL CORPORATION, wala po silang pinakitang kahit anong ELIGIBILITY Documents. Again, Datatrail Corporation DID NOT participate the 1ST STAGE Bidding. This is highly illegal and criminal offense as a Contractor, obviously THIS BIDDING AND AWARDING OF CONTRACT WAS TAINTED WITH GRAFT AND CORRUPTION.

    And So, the public may know !

    SOLID EVIDENCE (THIS IS WELL DOCUMENTED)

    TO SHOW PROOF OF EVIDENCE THAT We have NOT seen Datatrail Corp. during the 1ST STAGE THE ELIGIBILITY STAGE Bidding, here’s an AFP document from their online archive:

    AFP Modernization Program Fixed Communications System Bid Bulletin (notice ONLY four bidders’ ELIGIBILITY DOCUMENTS WERE SCRUTINIZED, namely: Alcatel Phils., Inc., Lucent Technologies, Nera Phils., and Ceragon Networks)

    X X X X X X
    Fixed Communication System (stage/status: 1st stage of the 2-stage procurement mode was held last September 8, 2005; new invitation to apply for eligibility and to bid (ITAEB) will be issued on October 20, 2005)
    Procurement Stage: 1st Stage – Opening and Submission of Bids
    ABC: P447,360,000.00
    Length of Delivery: 240 calendar days upon issuance of Notice to Proceed
    Highlights : Through a Supplemental Bulletin, the deadline for submission and opening of bids for the 1st stage bidding for this project was changed from 25 August 2005 to 8 September 2005, 9:00 a.m. On the day of submission and opening of bids, 4 companies complied, namely Alcatel Phils., Inc., Lucent Technologies, Nera Phils., and Ceragon Networks. None of them failed when their eligibility envelopes were opened. During the initial evaluation of the technical proposals of the 4 bidders, the BAC declared that they all passed, yet subject to post qualification/evaluation. BAC shall formally announce in writing, through the Secretariat, the results of the evaluation. Schedule of the opening of the revised technical proposal and their financial proposals (i.e. 2nd phase of a two-stage bidding process) is scheduled on October 20, 2005 due to request of bidders for longer time to prepare revised technical proposals.

    http://www.hueybravo.net/Modernization%20Projects.htm

    X X X X X

    Based on the AFP BAC’s Bid Bulletin, it showed beyond doubt that there were ONLY 4 Bidders, not 5; the private Filipino company Datatrail Corp. was not in the list !

    WHERE’s DATATRAIL CORPORATION during the 1st STAGE Bidding ?? No docs ? Missing in action ? Datatrail Corporation totally ignored the 1ST STAGE ELIGIBILITY STAGE. THEY HAVEN’T EVEN SUBMITTED THEIR EFS BIR Certifications PAID Stamped Receipt equivalent to 50% of the ABC and Qualifications History, etc ? So now here’s the question, IS THIS the “level playing field” that AFP DND BAC were talking about ? Bakit napakalakas naman po yata ng Datatrail Corporation sa DND BAC. Kung kelan halos patapos na ang bidding, dun lang ididikit yung name nila sa Project na naka- “JVA” kuno ! Dahil po ba kasi masyadong malaki ang Kickbacks or “TONG-PATS” !??