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VOL. LIII No. 104
City of Tagbilaran, Bohol, Philippines
Wednesday, May 21, 2008
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Obiter Dictum
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Fr. Roy Cimagala
Juan L. Mercado
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 Just Before Deadline.....
  
 
NEDA employees urge release
of documents on NBN-ZTE deal
  

MANILA.- Employees of the National Economic and Development Authority (NEDA) have revived calls for disclosure of documents that would shed light on how the $329 million National Broadband Network (NBN) deal with Chinese telecommunications firm ZTE Corp. was approved.

"We believe the continued withholding of these documents has wrought the most damage to NEDA's integrity and credibility," said the Organization of NEDA Employees (ONE) Executive Committee, in a statement. "Furthermore, the official release of these documents will avoid manipulation or fabrication of information."

We received the ONE's "A Call for Action" statement by e-mail from members of the Former Senior Government Officials or FSGO, a group critical of President Arroyo.
The ONE is composed of around 1,200 rank-and-file personnel of the government's economic planning agency.

Among the documents the ONE Executive Committee wants to be made public are the following:
1. Official Correspondences (e.g. Investment Coordination Committee [ICC] Secretariat Letters/Notices on project approval, NEDA Board confirmation, etc.);
2. Approved Project Evaluation Reports (PERs) by the ICC Technical Board and Cabinet committee, and NEDA board;
3. NEDA board resolutions

STAFF NOT INVOLVED IN SHADY DEAL

In an interview with abs-cbnNEWS.com/Newsbreak, ONE vice-president for external affairs Aladin Ancheta said disclosure of these documents would show that the NEDA technical staff were not involved in the NBN-ZTE's questionable transactions.

Allie Cortez, ONE vice-president for internal affairs, said "we want disclosure of documents because on the part of technical staff of NEDA, there was an in-depth evaluation and assessment of the project."

Ancheta said these documents would also prove the need for an "truly independent economic and planning agency."

The NEDA Board is composed of the President as chairman, the Secretary of Socio-Economic Planning and NEDA Director-General as vice-chairman.

Also included as members are: the Executive Secretary; the secretaries of the following departments: Finance; Trade and Industry; Agriculture; Environment and Natural Resources; Public Works and Highways; Budget and Management; Labor and Employment; Interior and Local Government; Health; Foreign Affairs; Agrarian Reform; Science and Technology; Transportation and Communication; Energy; Deputy Governor of the Bangko Sentral ng Pilipinas.

With this composition, Ancheta said economic planning decisions are affected by politics since the "hand of the President is too strong."

The ONE wants "action towards expediting NEDA's independence as provided under the Constitution."

Under Section 9 of Article 12 of the Constitution, Ancheta said that "until Congress provides otherwise, NEDA shall function as the independent planning agency of the government."

With what happened in the NBN-ZTE deal, Ancheta said, "we really need to lobby with Congress to constitute an independent [economic planning] body."

EXECUTIVE PRIVILEGE

Ancheta said they are aware that these documents cannot yet be disclosed after the Supreme Court decided they are covered by "executive privilege."

The current NEDA director-general Augusto Santos has refused to disclose these documents, saying it is "premature to release the documents" because the "NBN Project is not yet a finalized project."

However, Ancheta and Cortez noted that disclosure and transparency had been the standard operating procedures practiced by NEDA prior to the NBN-ZTE deal.

On many occasions, they said the director-general of NEDA would even be the one to disclose these documents to the public or through media.

Two senators-Manuel Roxas II and Benigno Aquino III-have a petition before the Supreme Court (SC) seeking the release of the documents. The petition is still pending.
Ancheta said it is now up to the Supreme Court to decide whether to order the disclosure of these documents.

ROXAS, AQUINO PETITION

Roxas told abs-cbnNEWS.com/Newsbreak in April that the documents would show "what, when, who, and why" the project was financed by a Chinese loan instead of the original plan to finance it through a Build Operate Transfer (BOT) scheme. "It will reveal or highlight the change in the policy direction of the NBN deal," he said.

The supposed contents of these documents could also shed light on the questions that the SC barred the Senate from asking former NEDA chief Romulo Neri. The major difference is that what Roxas wants are public documents.

The three questions that the SC said were covered by executive privilege are: 1) whether the President followed up the NBN-ZTE project; 2) whether Neri was dictated by the President to prioritize the ZTE project; and 3) whether the President told Neri to go ahead and approve the project after being told about the alleged bribe.

Senate witnesses had alleged that project went to ZTE Corp. so that several parties, among them the First Couple, could allegedly get commissions. President Arroyo has denied the allegations.

'RUBBER STAMP' INSTITUTION?

In the manifesto, the NEDA employees are also asking their bosses to "reexamine the [NEDA's business] processes to help avoid similar incidents from occurring in the future."

Six former NEDA chiefs-reacting to former NEDA chief Romulo Neri's Senate testimony on the NBN-ZTE deal-had earlier expressed their disappointment over the way the agency has turned into a "rubber stamp' institution. These six were: Gerardo Sicat (Marcos administration), Solita Monsod (Aquino), Cayetano Paderanga Jr. (Aquino), Cielito Habito (Ramos), Felipe Medalla (Estrada), and Dante Canlas (Arroyo)
Neri's Senate testimony in September 2007 detailed how the NEDA was compromised to accommodate a project rife with allegations of bribery. Neri himself claimed that alleged project mastermind Benjamin Abalos Sr.-who was then the chief of the Commission on Elections-offered him a P200-million bribe to approve the project.

Monsod said back then that, "The President will not succeed in emasculating NEDA if NEDA will not allow it."

"While there should be a healthy relationship between the president and the NEDA chief, the NEDA chief has "the duty to tell her (the truth). It is not your role to tell her what she wants to hear," she said.

REPUTATION AFFECTED

Ancheta and Cortez said they also felt the need to issue a statement since the NBN-ZTE deal had affected the reputation of NEDA employees.

"For months now, with blind allegiance, we have been complying with the gag order and meekly bearing the pain of persecution and harassment from legislators, the media, and the general public," the ONE said. "Despite knowing that information is key to the public's understanding of this institution's functions and processes, top management has chosen to keep silent and inactive."

"It is time for NEDA to confront the blows to its integrity and credibility. NEDA has been dragged through the filth of this controversy surrounding the NBN-ZTE scandal, and its reputation severely sullied."

 

 

 

 

 

 

 

 

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