AMLC Strangely Out of Pork Barrel Picture

Amidst testimonies by Benhur Luy and his fellow witnesses that they had been depositing and withdrawing from bank accounts of their erstwhile boss, Pork Barrel queen Janet Napoles, large sums of money to the tune of tens of millions of pesos, I wonder why the Anti-Money Laundering Counsel (AMLC), tasked to implement the Anti-Money Laundering Act (AMLA) of 2001 or RA 9160, as amended by RA 9194, is not being summoned to shed light on what actions, if any, it took concerning the supposed reports, if any, the banks involved submitted to it (AMLC) regarding said deposits.

For sure, the deposits constituted “covered transactionS” under its definition in the law considering the amounts (total of over 500k deposits in a day). They could even be classified as “suspicious transactions,” considering that it is patently abnormal and suspicious for a legitimate business person to be withdrawing in cold cash large sums that would necessitate inconveniently bagging and hauling them.

Banks and other covered institutions enumerated under the law are required to “know their customers.” I wonder how Napoles introduced or represented herself to the banks when she opened her account and throughout her relationship with them in order to override the suspicion (large deposits) triggered by the law (or justify her transactions):

·         there is no underlying legal/trade obligation, purpose or economic justification;

·         the amount involved is not commensurate with the business or financial capacity of the client.

It should not have been enough that she said she was a contractor dealing with the government. In fact, that should have heightened the suspicion and set into motion a thorough investigation, unless those whose duty it was to so do were conspirators or accomplices to these predicate crimes of graft and corruption, and/or plunder.

Legitimate business transactions nowadays are sealed and payments of consideration therefor made through writing checks, wiring direct to accounts, letters of credit, telegraphic transfers, and so forth. When you withdraw cash purportedly to settle business transactions, it’s not only red flag or alarm going off, it is on its face screaming and stinking anomaly that should have triggered covert and extensive investigation.

If banks did not make a report for covered and suspicious transaction to BSP and AMLC, then banks must made to explain why no such actions were taken, and if found remiss, must be meted punishment as provided for under the law.

If banks did what it was incumbent upon them, but AMLC failed to conduct the necessary investigation, then it must be similarly subjected to the process and accountability as the banks, and more, for this time it involves government officials, and if proven that they purposely turned a blind eye, or colluded with the perpetrators.  

It is strange that the Inter-Agency Anit-Graft Coordinating Council (IAAGCC), quite a mouthful for an ad hoc committee, has been eerily silent on AMLC’s role in their investigation. But I hope that in the coming days it will start to break down its role in detecting these anomalies if only it acted by its mandate.

Presumption of Regularity in the Performance of Official Function Accorded the Public Officials, (Elective or Appointive) Proves Anachronous Now and Must be Stricken Out.

For decades, this presumption has already proved to have outlived its application. Since we were plundered, and thrown into darkness for decades by the Marcos regime, where official abuses were rampant and committed openly with impunity, this presumption should have been overthrown by the judiciary.

While it may be argued that such is necessary for government efficiency, and to obviate the burden for public officials of having to substantiate the nature by which they performed their duty, experience had taught us that the entitled (public officials) have taken shield behind the presumption to commit corruption, exact oppression, and generally perpetrate injustice upon the public they ought to serve, more than the public has shown any penchant for harassing them with suits/complaint, against which the presumption could have come handy .

Seriously, ask yourself now: Do you honestly believe, as it stands now, that it promotes government efficiency? or as it looks now, has it been exploited by those it sought to protect? The intention is laudable, but the beneficiaries do not have the moral rectitude to wield it.

How would you react if public officials involved in the pork barrel scam claimed innocence to any wrongdoing invoking the presumption of regularity in the performance of their official function?

Wouldn’t you be gnashing your teeth in anger?

While the presumption disputable, it is an insult to the public that it is even afforded them in the face of their shameless and callous propensity for pillaging public coffers, while the rest of us, mockingly called the “bosses,” break our backs working just to get by.

Public officials should stand in the same footing as any Juan. If the presumption is any good, they must earn their entitlement to it.

Zamboanga Under Siege; A Sham to Drown the Pork Barrel Tsunami?

In August, I wrote about the almost ineluctable after-event, diversionary tactic, every time a furor of pork’s magnitude breaks out. Could yesterday’s Zamboanga invasion by Moro National Liberation Front (MNLF) contingents loyal to former ARMM Governor and MNLF Chairman Nur Misuari has been staged to deflect the public’s fixation over the Pork Barrel Scam?

Since I was waiting for an event loud enough to get the public’s attention, no matter how momentarily, I thought so right away the moment I have learned of the MNLF adventure. And look at the motivation that compelled them to undertake such a dangerous excursion: they wanted to hoist their flag over at the city hall. Really!?

Before we make our judgment, let’s look at some antecedents for MNLF relating to the issue. The government has struck a Malaysia-brokered peace deal with the MILF, which to date continues to iron out details, and in fact is scheduled to resume in October. MNLF opposes such deal and insists, instead, on the implementation of the 1996 MNLF peace accord with the government, which it claims the latter abrogated.

Nur Misuari went on to declare Bangsamoro Republik Independence in August, and installed himself as the Chief of the Bangsamoro Armed Forces. Now we can see that the premise has been laid, which could justify the event. But what has Nur Misuari’s MNLF, splintered, in its arsenal to carry out such undertaking? With Sema’s group dissociating itself from that of Misuari’s, MNLF has not much to fuel this kind of endeavor. But we can see that they have a passionate motivation.

The question is funding.

Somewhere in the archipelago, men (and women) awash with funds are desperate for some kind of “national interest” events that could throw off public attention from them. Let me break it down: one who has the motivation meets another who has the means (hoping to benefit from the logical effect) equals OPPORTUNITY. And the first shot was fired.

They could not have done it in Metro Manila, or they would have been all over the mess. Mindanao is a convenient excuse for this kind of event. It is a stage for local armed conflict, staged or for real.

 

 

PDAF, CLF, CIA: Whatever Name You Call It By, It is Taxpayers’ Money Plundered

Lawmakers are becoming so lame in their efforts to put a spin in their involvement in the misuse of public funds. Can you imagine some of them go as desperate as to attempt to excuse themselves from wrongdoing by postulating that it was not all PDAF they spent, but in combination with Congressional Leadership Fund (CLF), and Congressional Initiative Allowance (CIA)? How can these knuckleheads think it makes them less guilty?

 

No matter what you call it, it is taxpayers’ money plundered, and that is what the people are demanding accountability for. For sure, the traditional politicians in Congress (almost all of them) have come up with abundant assortment of labels for funds they can dip their hands on, if only to convolute and muddle their trail.

Detention Facility Snafu

It seems like smarts are becoming increasingly rare in our officials these days. What was Mar Roxas Thinking? Why does he have to concede to a request that accused Napoles be given an air-conditioned detention cell? Against the avalanche of public outrage over the scandal in which Napoles plays a central role (although she’s being detained for a different case), it is easy to anticipate a tsunami of malignant reaction. The question in every Juan’s mind is, “why is she being accorded special treatment, when she’s accused of pocketing P10B in taxpayer’s money?” What’s the deal?

 

It’s understandable that we are interested in her safety and security, considering the amount of information she could bring to light concerning the personalities, more so as they count the clouted and powerful Lawmakers, involved in this elaborate scheme of theft of public funds.

She should be provided with round-the-clock security to make sure they’re not outplayed and infiltrated by operatives of those who stand to suffer from her anticipated testimony.  Truly, her life is in danger. She’s playing cat and mouse with her assassins, with her hope hanging largely on the integrity of government protection facility -although how many times has this been compromised for the right price?

 

Notwithstanding, though, there is no need to pamper her with air-conditioned detention cell. She must be allowed to sweat and stink it out in an ordinary cell. She must endure everything, except that which pertain to her security, that every other detainee does: insect bites and all. Why, she’s not even a public officer to be accorded residual respect, that which was extended to Erap and now to GMA, although equally assailed by the public?

Regardless of the truth, a doubt has been cast on the mind of the public as to how fair and neutral the administration is going to play its role in this saga. Unwittingly, Mar et al. has stirred in people’s mind what relation He and Pnoy have with Napoles as to risk public rebuke for such insensitive “playing favorite” attitude towards one who is touted to have robbed the Filipino people of funds that could have been used to better their circumstances.

 

 

 

Napoles Surrenders to Pnoy

Sensing that her world had quickly shrunk with Ten Million Pesos (P10M) bounty on her head, Napoles decides it’s game over for hiding, and time to face the music. That was the smartest thing she had done since the pork barrel scandal broke out. In fact, she might have just given up right in the nick of time.

I surmise that when Pnoy put a price tag of P10Mon her head, her Subjects in her red book, would have run their own “Get Napoles to Me” campaign for P15M or more. An hour late in her decision would have spelled the difference.

Now, the public is happy she is in custody, safe, at least for now. Why? She has her back against the wall. Her only chance at life is to bare it all. If she sticks to her “I did nothing wrong” tune she will be left by herself in a cell where she could be penetrated and assassinated. If she is made, and if she agrees to be, a state witness, she will be placed under the Witness Protection Program, and her chance of surviving this will become fairer.

Already speculations of all sorts as to what happens to her have flooded the internet. She’ll finally spill the beans on this elaborate 10-year scam; Administration will strike a deal with her to spare the administration porky personalities in exchange for leniency on her; She will be made State witness in exchange for immunity from prosecution?

The administration should deal with this carefully. It could find itself walking on thin ice, if it hasn’t already. The public will not be as forgiving as to allow Napoles immunity from prosecution in exchange for her testimony. After all, the government is not facing a blank wall in its investigation. There are Benhur Luy and company; ten of them now who corroborate one another on many points of their individual testimony to Napoles’ scheme of siphoning pork barrel funds in collusion with Lawmakers.

First, she must be stripped, wringed, and dispossessed of all properties she stole from public coffers. All of it. She should be brought to justice and accorded due process like other accused. If she offers testimony, take it without offering anything in exchange. She only has her soul to save for so doing. That should be enough motivation for her.

If she’s offered any leniency by the State, believe me every outcome will be seen as impartial: opposition lawmakers will lace her testimony and a few if any from the administration counterparts. Then we’re robbed of the truth again.

I say let justice take its course. Let her hire her defense. With all the money she stole, I am sure she could get more than what she needs.

Lawmakers, Preporkcupied

Custom Raises Ghost

When you’re used to getting 70M pesos to 200M pesos –no sweat– a year, you have so internalized the routine that you breathe life into what otherwise was nothing more than an imagined entitlement. You so feel its life form you have convinced yourself it existed.

I am talking about lawmakers’ unwitting talking points betraying their rueful sentiment against Pork Barrel’s imminent demise. They just reek of a heap of regret over the fund’s saying sayonara to them. Haven’t you noticed? Even the lawyers among them keep on harping on their alleged constitutional mandate to directly participate in pinpointing projects and funneling funds therefor. One even boorishly equates the prospect of them being prevented access to the funds with being worthy of abolishing Congress. He was seeing red, why?

Yet a reading and countless re-reading of our 1987 Constitution would reveal no such provision charging them of the duty to identify projects, much less have a hand in directing funds therefor. Their mandate is to enact laws, to legislate, that’s why they are called legislators (who can’t even come up with responsive laws). I know legislation covers deliberating on the national budget under the General Appropriations Act, but their role is to determine the wisdom of the proposed budgetary allocations for certain departments of government, whether those justify their programmed undertakings. They seem to have re-written the constitution in their minds to accommodate the pork.

Others are insinuating, perhaps in hopes of harassing Pnoy to make a turnaround on his pronouncement of abolishing the pork, that Pnoy risks impeachment because he had cut off lawmakers’ access to funds. What? I don’t see how righting a wrong or plugging a loophole that led to abuse could be impeachable.

What is wrong with our lawmakers? What with continued preporkcupation? Couldn’t they understand that it’s over, kaput for the pork barrel? Give it up and go back to what you have been elected to do.  

 

 

Lawmakers' Calls to Abolish Pork Barrel: a Red Herring.

You listen to Lawmakers voice their consensus to the abolition of the reviled Pork Barrel, and you hear almost a teeny little voice that wished it did not have to come out. It’s hokey! I say deep inside, here’s what they say “Fuck whoever that idiot who blew this up!”

The truth is they’re losing hair and sanity over this debacle they don’t know who to freakin’ lay blame on. If Napoles is to blame for real, or if they decide that Napoles’carelessness led to all these, I won’t be surprised if she and her brother will never be found. We’re talking of hundreds of fuming powers-that-be, thrown into this deep hole they find very difficult to climb out of and are forced to face humiliating public investigation over the scandal which could permanently destroy their political future, who might be interested in silencing the two for good.

Now the two must be confused over who they’re supposed to run away from: The NBI or the erstwhile friendswho now are being scalded in hot water, and raring to end them?