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It’s politics, not ethics

This is another view on the C-5 controvery:

by Rene B. Azurin
BusinessWorld

More credibility, probably, would attach to the Senate committee report on its so-called “investigations” into the C-5 road project controversy if senators — most politicos, actually — were not widely perceived as being distinctly unshy, brazen even, about using their considerable power to influence government decisions on public works and procurement. That said, I would certainly give great weight to the C-5 allegations being leveled at Senator Villar if I were satisfied that they were true. I am not.

On an issue precisely of ethics, objective observers must wonder how senators — like presidential candidate Aquino’s Liberal Party partymate Mr. Pangilinan — can first affix their signatures to one resolution clearing Mr. Villar and then about-face 180 degrees to affix their signatures to another one censuring him, just because “it’s the party stand.” Well, that, at least, is an explicit admission of how “honorable” senators define ethics.

Although Mr. Villar has actually already made a point-by-point rebuttal in the Senate itself of the charges of “ethical misconduct” against him and has clearly taken pains to make available to the public — through media — documents supporting his answers to each allegation, he is, alas, simply not media’s darling. Thus, media outfits whose bias for his rivals is obvious to observers constantly detail the allegations against him in their stories on the controversy and formulaically just include his denials but not his specific answers to the allegations. Such is life in these politico- and elite-dominated islands.

In a small attempt then to introduce some semblance of fairness in the media handling of the whole C-5 hullabaloo, let me (a trying-to-be-objective observer) mention, in summary, some telling details that I have personally found significant in support of Mr. Villar’s defense.

One allegation is that Mr. Villar caused a budget “insertion” that provided “double funding” for one flyover in the C-5 road project. Significantly, the main author of the present Villar-censuring resolution, Senate President Enrile, himself said in a statement he himself released on this issue on Sept. 15, 2008 that “There is no attempt to fund the same project twice, or any attempt to defraud the government, as claimed by some quarters.” In his own point-by-point defense, Mr. Villar has made available engineering plans and public documents that show that the subject two P200-million items in the budget were appropriated for two different flyovers, one located at the Sucat Road intersection and one at the Manila-Cavite Coastal Road intersection. Conveniently ignored by Mr. Villar’s accusers is the fact that there is no plausible explanation as to how Mr. Villar might have been able to benefit from an alleged “double appropriation” since government disbursement procedures do not allow such a duplicate amount to be disbursed twice for the same project.

Another allegation is that Mr. Villar engineered a “realignment” of the C-5 road so that it would pass through his properties. On this point, Mr. Villar has given out copies of official documents and design drawings, both in the Senate and in press conferences, that reveal that the alleged “original” alignment referred to in the ethics complaint is actually the alignment of the Manila-Cavite Toll Expressway Project, a toll road awarded by the Toll Regulatory Board to a private concessionaire, UEM-Mara Philippines. This toll road is completely different from the C-5 Road Project that is being built by the Department of Public Works and Highways.

In an Oct. 15, 2008 clarificatory letter that responded to questions raised by then Liberal Party presidential candidate Roxas, DPWH Regional Director Robert Lala confirmed that the “original” alignment being referred to is the “alignment of the Toll Regulatory Board under concession with UEM-Mara Phils…. Said alignment is different from the (C-5) alignment being followed by the DPWH-NCR.” More significantly, Mr. Lala specifically affirmed that “The (C-5) project was not rerouted as it followed the original route or alignment prepared by DPWH-NCR except for the location of one bridge (Bridge No.2) whose centre line was slightly shifted in the upstream direction…in order not to create conflict with the proposed alignment of LRT Line I Extension Project…. Except for such shifting of Bridge No. 2, no more modification was made from the original alignment up to its construction phases from Sucat Road to Pres. Quirino Avenue.”

A third allegation is that the government purchased the properties from Mr. Villar’s companies at an inflated price. In his defense, Mr. Villar has insisted that all the properties acquired — for the required right-of-ways — were purchased for their respective zonal values at the time. In his presentations to the Senate and to the media, he made available copies of certifications issued by the Bureau of Internal Revenue as to said zonal values. In fact, the acquisition price of properties expropriated by the government is fixed by law and no discretion is given to the executing agency.

A fourth allegation is that Mr. Villar did not disclose a “conflict of interest” issue in the government’s acquisition of his companies’ properties. Proof that this is untrue is a letter — dated Nov. 9, 1999 — from then Department of Justice Secretary Serafin Cuevas in response to a Villar company (Adelfa Properties Inc.) request for a DOJ opinion on the conflict-of-interest issue. In that letter, Secretary Cuevas stated, “…inasmuch as the proposed transaction was not sought by API or by any of its stockholders, but was initiated by the TRB in view of the importance and urgency on the part of the government to acquire the subject properties…this Department does not foresee…that a principal stockholder of a private corporation who happens to be a member of the House of Representatives would be cited as having violated Section 14, Article VI of the 1987 Constitution which expressly prohibits legislators from being directly or indirectly interested financially in any contract with the government or any of its subdivisions, agencies, or instrumentalities.”

Finally, a fifth allegation is that Mr. Villar should have divested his business interests in the real estate companies involved. Well, that does not happen to be required under the 1987 Constitution. What’s required (Article VI) is that “All members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests.” So, unlike in the case of members of the executive branch of government, members of the legislative branch are only required to disclose their interests but are not actually prohibited from having such interests.

Whether one is inclined to vote for Mr. Villar or not, an objective observer must be willing to at least consider the actual facts in the C-5 case and make up his mind on the basis of those facts and not on the basis of the rhetoric of political rivals. What should be obvious to any observer is that, as far as politicos are concerned, political ambition will trump ethical principles every time.

Published in2010 electionsGovernance

39 Comments

  1. manuelbuencamino manuelbuencamino

    Check out the map HERE.

    Ano si Villar sinuwerte at biglang bumaluktot ang kaye papunta sa lupain niya ng wala siyan kamalay-malay o pakaialam?

    At yun overprice, Ang sinabi nung tiga BIR she overpriced the lots para mas lumaki daw ang tax collection niya. Pero yun kay Villar lang ang inorver price niya. Talagang katawatawa. Besides, yun nakipagtransaction tungko; doon sa mga lupang tinamaan ng right of way of way ay isang nangangalang Eng Adriano isang executive sa mga kumpaniya ni Villar.

    Oo nga pala, hindi ba may sulat si Villar, nung congressman pa siya, kasama ni Mile Velarde at ng SM na ilihis nga ang C5 ay sila’y pinagbigyan mg gobyerno ni Ramos?

    Ang mahirao sa duwag na Villar eh kung kani-kanino nagpapadepensa at kung saan-saan. Nagparatang sa kanya Senado. Siya sensador. Doon siya sumagot. Pero ayaw niya kasi pasusumpain siya at lung magsinungaling siya yari siya. Kaya umaasa na lang sa media interviews, sa mga peryodistang tulad ni Rene Azurin, at sa politikong tulad ni Cayetano, Remulla, Pimentel at Joker. Sa labas walang kaso ang pagsisiningaling. Sa loob ang tawag dun ay perjury.

    Dapat kasuhan ng plunder si Villar pagkatapos ng eleksyon para kung maconvict siya di masayang yun mga orange na suot niya. Orange kasi ang kulay ng prison coveralls.

  2. manuelbuencamino manuelbuencamino

    Mga pala , meron arrow sa bottom right hand corner ng mapa. Click ninyo yun arrow para makita ninyo ang storya ng daan nung kalyeng hindi daw pinagalaw ni Villar.

  3. chi chi

    Thanks MB. I was really hoping that someone would post that map here. Saw that last night at abs/cbn online news.

    With that map, I don’t care if the issue of C5 is purely political. Hindi naman talaga ethics yan e, kundi PLUNDER!

  4. chi chi

    How can one with a conscience be objective about a P6.2 billion pocketed by Villar via this C5 extension? Ano sira?! Ayan at malinaw ang mapa!

  5. chi chi

    “…a fifth allegation is that Mr. Villar should have divested his business interests in the real estate companies involved. Well, that does not happen to be required under the 1987 Constitution. What’s required (Article VI) is that “All members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests.” So, unlike in the case of members of the executive branch of government, members of the legislative branch are only required to disclose their interests but are not actually prohibited from having such interests.”

    Bullshit! Ngayon, the Pinas Constitution is being used again for an immoral act of a plunderer. Kawawa talaga itong si Konsti, palagi na lang nasasakripisyo!

    May lusot nga, Gloriang-gloria. Pinapayagan ng Konstitusyon kaya de bale na lang ang delicadeza at konsiensya!

  6. chi chi

    …semblance of fairness daw in then media handling of the C5 hullabaloo…

    Click the map, oy!

    “let me (a trying-to-be-objective observer)…”

    Hahaha!!! For heaven’s sakes, nabenta na yan ng maraming ‘journalist’ for some ‘reasons’. Bulok ang word na “objective observer” if done to justify doings of Gloria and Villar!

  7. Para sa kaalaman ng lahat: kung gusto niyong malaman kong may basehan ang paratang na sinadyang nilihis ang C5 sa mga Villar properties, makipagtransaction kayo sa mga ahente ng mga properties na ito o sa mga ongoing projects pa.

    You will be appalled to hear them pitching government road projects to pass thru these properties.

    With regards to C5, i heard those sales pitches as early as 2001.

  8. Azurin is writing for the BusinessWorld, right?

    Well, Villar lives and breath in the World of Business.

  9. Tedanz Tedanz

    Magkano kaya ang kinita ni Gng. Azurin dito? Anong politikal … tignan niyo naman ang diperensiya sa mapa … kahit hindi nakapag-aral ang isang tao ay alam niyang tama ang ibinibintang kay Villar. Kita niyo naman si Gng. Azurin graduweyt siya, marunong pero hindi marunong bumasa ng mapa dahil sa datung. lol

  10. politics, ethics, truth to be told, sundan lang nila ang takbo nang highway, all those liko-liko will never ever be tweaked by any words.

  11. florry florry

    Whatever, whether it’s about politics or ethics, Villar is like being hit by super-typhoons Ondoy and Peping at the same time. Too much has already been exposed about his financial hokus-pokus and after the dust settled down, he will be the clear loser in this game. The damage has been done and it’s too late in the day for him to save his name and reputation. The cause of it all is about his greed and greed is not only evil but often times caused the downful of humans who can’t resist it.

    He may as well now say goodbye and declare finis to his presidential ambition.

  12. martina martina

    “Although Mr. Villar has actually already made a point-by-point rebuttal in the Senate itself of the charges of “ethical misconduct” against him and has clearly taken pains to make available to the public — through media — documents supporting his answers to each allegation, he is, alas, simply not media’s darling.” (Rene Azurin)

    Kailan pa nagpoint by point si Money sa senate? Sinong niloloko nitong Rene na ito? Hindi ba kung may bayad na taga media, darling na nila si Money (katulad niya) kahit baluktot at kasinungalingan ang article, masulit lang ang bayad.

  13. Mike Mike

    Wow, galing ni Villar. Siguro mahilg siya mag connect the dots. 😛

  14. Al Al

    This Senate is too politically-biased to cast judgment on Villar.

    Mr. Azurin has mentioned Pangilinan’s strange stand. He signed the resolution clearing Villar and now he changes stand and says he is guilty and explains his stand as “party position.”

    Does he mean he still believes Villar is not guilty but he has to say guilty because the party dictates that he should say so?

    Also, the position of Jinggoy. He signed the resolution clearing Villar. Now that the father was allowed by Comelec to run, he becomes insistent on censuring and possibly expelling Villar thinking that if Villar is ruined, his father goes up to second place and it will be Noynoy vs Erap in the presidential race.

  15. baycas2 baycas2

    Although Mr. Villar has actually already made a point-by-point rebuttal in the Senate itself of the charges of “ethical misconduct” against him and has clearly taken pains to make available to the public — through media — documents supporting his answers to each allegation, he is, alas, simply not media’s darling. Thus, media outfits whose bias for his rivals is obvious to observers constantly detail the allegations against him in their stories on the controversy and formulaically just include his denials but not his specific answers to the allegations. Such is life in these politico- and elite-dominated islands.
    – Azurin

    Sa napakalaki nang gastos ni villar sa media bakit kaya di mapakinggan ang panig niya?

    Sa napakalaki nang gastos ni villar sa advertisements bakit di kaya siya mapaniwalaan nang husto?

    (Campaign jingle lang niya ang kumakabit sa isipan ng tao…ginawan pa ng Japanese at Korean translations at samu’t saring versions – pati Gay version – ng mga creative minds!)

    Nakaiiyak naman talaga ano, Azurin?

    Palagay mo kaya, Azurin, ay paniwalaan ka ng mga tao? Ikaw na nga ang nagsabing “trying to be objective” ka lang. Ang lupit ano?

    Pero…SUCH IS LIFE. Kung sana ang proyekto ay nasa lugar na ‘di pag-aaari ni villar wala sana siyang gusot ngayon, hindi ba, Azurin?

  16. Tedanz Tedanz

    Etong si Mr.Azurin na ito ay sampol ng isang taga media na bayaran. Ilan pa po kaya ang gaya niyo?

  17. Tedanz Tedanz

    “Villar said he could not match the popularity of a celebrity, obliquely referring to Aquino’s sister, Kris, who is one of the biggest product endorsers in the country.”
    Kanya pala binayaran na nito sila Revillame, Dolphy at Michael V. para panlaban kay Kris. Meron pa siyang palaro sa Wowowee at Eat Bulaga na may pa-check-check pa(mga tsipipay).
    Di ba niya alam na celebrity rin siya dahil sa C5 at Taga niya?

  18. The Cowardly Lion is a character in the fictional Land of Oz.

    Who is the “Cowardly Lion” Among The Presidentiables?

  19. I wonder how much Azurin got paid for this?

    For me its simple, if Villar was so vehement about the truth when it was Erap’s time, if he had the moral courage to have a sitting president undergo the same investigation, why can’t he do so himself? Kaya mong gawin sa iba pero hindi mo kaya pag ikaw na? coward is an appropriate word indeed…

  20. …senator pa lang yan, ano kaya pag presidente na?

  21. I guess these guys saw how they humiliated Erap at the time that they’re now too terrified? I hope Gloria has her day in court too, let them taste a dose of their own medicine…

  22. MPRivera MPRivera

    Hahaha!!! For heaven’s sakes, nabenta na yan ng maraming ‘journalist’ for some ‘reasons’. Bulok ang word na “objective observer” if done to justify doings of Gloria and Villar! – chi

    Let me correct it this way, ha?

    Bulok ang word na “objective observer” if done ONLY to justify DOGGINGS of Gloria and Villar!

    Asuhan na ang nangyayari, di ba?

  23. MPRivera MPRivera

    Etong si Mr.Azurin na ito ay sampol ng isang taga media na bayaran. Ilan pa po kaya ang gaya niyo? – Tedanz

    Tedanz, Aso ring bayaran?

  24. Tedanz Tedanz

    Madrigal asked Teodoro “If he would recognize his debt of gratitude (utang na loob) to Ms Arroyo.”

    Teodoro: “Utang na loob means paying goodness with goodness. But if it’s otherwise, nothing is worth staining my reputation,”

    Madrigal: “So, did the President shower you with goodness?”

    Teodoro: “If you are given goodness, you pay back with goodness.”

    O di ba, puro goodness naman ang ibinigay sa kanya ni Glorya? Ibig sabihin ipagtatanggol niya si Glorya sa ano mang kasong ibabato dito. Ogag talaga itong Bar tapnatser at Harvard garduweyt na ito.

  25. vic vic

    Firstly under the Conflict of Interest Rule, a High Government Official can not Profit from his Business or Profession while in Government Business, after getting out of Government maybe (some country, have a cooling off period of a few years) PM Brian Mulroney was grilled by the Commons Ethics Committee more than a Decade after his tenure after a German business alleged that he “bribed” the former PM to lobby for his business while still in office for about the last 3 more days. proved to be wrong and he was deported to Germany and now faces trial for tax evasion and many more crimes..now the law is under consideration to change the rule for a cooling off period of Longer Period of Time before a recently retired or resigned Government official can engaged in Government business for Profit.But engaging in Business while in active duty Like for example Senator Villar is a clear Conflict of interest and breach of Ethics, no two-ways about it, whichever part of the world and kind of government will it be.

  26. bayong bayong

    sa pagkaka-alam ko wala pang nakulong sa perjury, si baboy nga nagsinungaling kinasuhan ba?

  27. MPRivera MPRivera

    Ibig sabihin ipagtatanggol niya si Glorya sa ano mang kasong ibabato dito. Ogag talaga itong Bar tapnatser at Harvard garduweyt na ito. – Tedanz

    ‘Yan ang aso, este tao. Marunong tumanaw ng utang na loob sa nagbigay sa kanya ng magagandang bagay. Hindi tinatalikuran ang pinagsamahan.

    ‘Utang ‘nang ‘yan! Ano aasahan nating pagbabago kung si Ngibo ang mananalong presidente? Para na rin nating hindi inalis sa poder si ngoyang. Nagpalit lang ng kasarian at sukat pero ang uri ng pamahalaan ay ganu’n pa rin. Maliwanag na tongpatz dito, kurakot doon.

    Same good old days ng mga hayup sa kahayuphayupan.

  28. chi chi

    Doggings din si Gloria at Gibo!

    Isa pa itong duwag!

  29. balweg balweg

    RE: Wow, galing ni Villar. Siguro mahilg siya mag connect the dots.

    Korek Igan Mike, di ba bukang-bibig niya e C5 at Tiyaga
    may pag-asa sa buhay?

    Gagawin pa niyang tanga ang Pinoy e bukya na siya? Dapat panagutin yan tulad ng ginagawa ng rehime sa mga kalaban nila sa pulitaka.

    Nasaan ang mga prosickutors na akala mo ang gagaling e row 4 naman ang laman ng utak. Bilyones ang usapan dito at inagaw nila ang Malacanang kay citizen Erap ng dahil lang sa listahan ni Sabit Singson plus hokus-focus na mga kaso para ipahiya ang pobre sa madla.

  30. Tedanz Tedanz

    Tama ka Igan MPRivera wala talagang pagbabago kung si Gibo rin lang ang mananalo. Parehas pa man ding graduweyt sa yo-es-ey itong mag-ninang.

  31. rose rose

    Hindi ba ang aso is man’s best friend? sa dami ng mga alaga ni gloria macapalgal arroyo marami siyang fest friends..pero pawra sa akin she is a pest! pesteng putot!

  32. rose rose

    it is politics not ethics…tama kaya maraming politicians ay walang ethics hanggang sa pag tanda nila..an example is the dirty old man…

  33. isaganigatmaitan isaganigatmaitan

    a man with a fledging real estate business… sought and got elected to positions in congress and senate…suddenly his business blooms into a multibillion empire which now funds his campaign for the highest position of the land…

    if voters do not see the anomalous connections, then our country is headed for another major disaster.

  34. isaganigatmaitan isaganigatmaitan

    i would like to see how the layout of the taguig diversion road (would connect c5 to c6)being built in barangay tuktukan was decided. is it by accident that again it passes through two villar projects (camella pacific and camella grenville. now the diversion road seems on hold, right after the location of those two villar subdivisions.

  35. MPRivera MPRivera

    Karamihan naman sa ating mga pinagpipitagang mambabatas ay may mataas na ethics. Nag-aral nga sila, eh. Meron mga minaster at dinoktor na degrees, di ba?

    ‘Yung nga lang karamihan sa kanila ay urong ang mga bayag at supot ang etits. Di ba, Tongue?

  36. Ang unang comment laban sa article ni Azurin ng Business World ay galing sa taga-Business World din. hehehe.

    ***************

    Reply sana ako ng point-by-point din kaso nauna na nga si MBuencamino. Gusto ko lang dagdagan.

    Dun sa mga lupang malapit dun kay Villar, may mga lupa din diyan ang mga pinsan ko sa Las Piñas, P1,500 ang zonal valuation kaya hindi maibenta dahil mura. P7,000 to P10,000 swerte na. Pero kay Villar P15,000-P20,000 ang valuation ng BIR. Ang galing, diba? Yung mga pinsan ko nga pala ay kamag-anak din ni Villar by affinity.

    Tungkol sa double insertion, hindi naman talaga double insertion dahil magkaibang project yun. Yung isa, Private w/ gov’t as partner (private partner funds construction and collects toll while gov’t pays right-of-way). Habang yung isa ay all-government (ito yung dumaan sa lupa ni Villar).

    Ang toll ay kokolektahin ng private investor doon sa portion ng C-5 bago maglanding sa Coastal Road habang yung kay Villar ay maglalanding bago dumating sa Coastal Road – walang toll.

    TANONG: Sino’ng gago ngayon ang dadaan sa naunang project na may bayad habang meron namang libre at parehong bago? Mas mahabang panahon ang kailangan para mabawi ng investor ang gastos. Ngayong may kalaban pang libre, hindi na siya makakabawi, malamang tipirin/babuyin na itong project na ito. Paano ngayon yung private investor?

    Tignan ninyo ito sa anggulo ng isang negosyante, lalo tayong mawawalan ng mga investor kapag ang isang mamumuhunan ng bilyun-bilyon ay kakalabanin mismo ng gobyerno.

    Yan ba ang pinagmamalaki ng mga magagaling na ekonomista?

  37. Kaya mong gawin sa iba pero hindi mo kaya pag ikaw na? coward is an appropriate word indeed… – Jug

    Agree!

  38. andres andres

    Wag natin kalilimutan na si Villar ang magiging bata ni Gloria sa huli dahil walang pag-asang manalo ang bata nilang si Gibo.

    Siguruhin natin na ang mananalo ay hindi palalagpasin ang kalabisan ni Gloria Arroyo at mga alipores nito.

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