Balay Drilon

The Arroyo administration is guilty of "double speak" on the issue of charter change. The deceitful moves of Malacañang and its allies only reinforce suspicions that the exercise is intended to extend the president's stay in power beyond 2010.

While President Arroyo appears to be no longer be interested in pushing for Charter Change and extending her term, her eldest son, Pampanga Rep. Juan Miguel "Mikey" Arroyo, was spearheading a signature campaign in the House of Representatives to amend the 1987 Constitution through a constituent assembly.

The double speak of Malacañang on the issue to Charter Change is too obvious to ignore. It is now clear to most Filipinos that despite her patent unpopularity, President Arroyo has not given up on the prospects of extending her stay in power until after 2010.

This relentless presidential desire to stay in power appears to be the principal motivation behind the deceitful moves to amend the Constitution even if it would mean sacrificing the tradition democratic institutions of our country.

Let me reiterate that pushing for Charter Change at this time would have a devastating effect on the national economy that is already suffering from the effects on the ongoing global financial crisis.

Makati business leaders have expressed fears over Malacañang's renewed efforts to amend the Constitution, which they said would not help any in alleviating the country's flagging economy.

I had been a staunch critic of Charter Change when I was Senate President of the 13th Congress, and I had argued that amending the Constitution was not the appropriate solution to resolve the current political and financial turmoil in the country.

The proposed charter change will not eradicate corruption in government which is the very root cause of the country's present problems. What we need is not a change in the system but a change in the character of the people in government.

Despite the expected protestation from Malacanang and its cronies in Congress, there is a clear justification for the Senate to immediately reopen its investigation into the P728-million fertilizer fund scam allegedly engineered by former Agriculture Undersecretary Jocelyn “Joc-Joc” Bolante, now the most famous wheelchair-bound balikbayan in the country.

In fact, I strongly believe the Senate must now conclude its unfinished inquiry into the controversy which was started in February 2006 because the same multi-million scam can very well happen again next year.

Our legislators should be reminded that under the proposed 2009 national budget, the Department of Agriculture, which has been mired in big-budget irregularities under the Arroyo government, was again given a P7 billion allocation under the same Ginintuang Masagana Ani (Golden Bountiful Harvest) Program (GMA), which includes a funding of P3.3 billion for fertilizers.

Unless the Senate gets into the bottom of this fertilizer scam and determines the extent of the corruption, as well as the role of Bolante and his patrons --particularly President Arroyo herself and First Gentleman Mike Arroyo -- this stinking fraud can very well happen again when the P1.4 trillion 2009 General Appropriations Act is approved by Congress and signed into law by the President.

Hard as it may to believe, everything is possible under the Arroyo administration, even the prospect of lightning striking twice.

It will be recalled that findings made by the Senate Blue Ribbon and Agriculture committees during the 13th Congress on the fertilizer scam was a mere “interim report” since the probe was not able to determine what really happened to the P2.806 billion fund disbursed by the Department of the Agriculture (DA) during the election period in 2004. Of the amount, P728 million belonged to the so-called GMA fertilizer fund.

A close scrutiny of the draft 2009 national budget submitted by Malacanang will indicate that the same GMA fertilizer fund appropriation was included as one of the items in the P13-billion pork barrel funds of the president.

The Committee investigation report of Sen. Ramon Magsaysay showed that a total of P2.806 billion was released by the Bolante during the 2004 presidential elections, of which P728 million belonged to the fertilizer fund.

The Senate will still have to find out what happened to the P2.806 billion considering that the same amount under the same controversial; food program called Ginintuang Masagana Ani (GMA) has been inserted in the proposed 2009 national budget.

Recall that the Senate probe in 2006 discovered that the P728 million fund was just a portion of the Larger Fertilizer Fund released during the 2004 elections. The DA received P2.806 billion for the purchase of farm inputs and implements before the 10 May 2004 elections, he noted.

We all know that because of Bolante's sudden departure for the United States, the Senate was not able to complete its investigation on the fertilizer scam. Now that he is back and under the custody of the Senate, Bolante should be compelled to explain the fertilizer fund mess before the Senate because the Filipino people are entitled to know the truth.

The citation for contempt signed by 21 Senators during the 13th Congress that I headed as Senate President and the arrest warrant against Bolante were issued to protect and uphold the dignity of the Senate as an institution of democracy. It was adopted by the entire Senate and not just by Magsaysay’s agriculture committee.

The citation for contempt and the arrest warrant did not lose its effectivity with the expiration of the 13th Congress so long as Bolante has not rid himself of the contemptuous conduct. That warrant of arrest will be effective unless quashed or restrained by the Supreme Court.

According to the Magsaysay report, fertilizer fund appropriation was questionably disbursed during the 2004 election season and funds were released from February to May 2004 or during harvest months when fertilizers are of no use because planting time starts in November.

Investigation revealed that fertilizers used were actually liquid fertilizers known as foliar, normally used for ornamental plants and flowers and anything leafy but not usually used for rice or corn.

The Senate report also recommended the filing of criminal and administrative charges against Bolante, Agriculture Secretary Luis Lorenzo, Undersecretary Ibarra Poliquit, Undersecretary Belinda Gonzales, Assistant Secretary Jose Felix Montes, and all DA regional directors who participated in the fertilizer scam.

During the congressional inquiry, Commission on Audit (COA) submitted documents showing that more than 100 House of Representatives members, 53 governors and 26 town mayors received between P3 million and P10 million each in fertilizer funds from the agriculture department shortly before the May 2004 elections.

A lot of questions still beg to be answered in this fertilizer fund scam. These questions must be answers and if needed, those who violated then law must be held accountable and charged in court. Otherwise, the same fraud will happen again and again.

I denounce Malacanang’s "blatant abuse of discretion in the exercise of executive clemency" in the controversial release of convicted murderer Claudio Teehankee Jr.

I express alarm over the abuse of discretion showed by President Arroyo when she disregarded the rules in the application of executive clemency in the Teehankee case. Just a bit of information, I led the justice department as secretary in the prosecution of Teehankee in 1991.

Claudio Teehankee Jr. walked out of prison in the dead of the night on October 3, because he had access to power, because he had access to President Arroyo and Justice Secretary Raul Gonzales. It only proved once again that under the Arroyo administration, the rich and the privileged always get the upper hand.

We have witnessed once again that under this administration there is no such thing as the equal application of the law, regardless of whether you are rich or poor.

There was apparent lack of transparency in the granting of executive clemency to Teehankee, as under existing rules, the names of convicts seeking clemency should have been published to give the families of the victims, the opportunity to object.

In this case no announcement was made since the families of the Teehankee victims were not informed nor consulted about the convict’s release on that day.

The Board of Pardons and Parole should make a publication prior to the release, so that families of the convict’s victims can have the opportunity to object.

I am saddened. The public loses its trust on the Arroyo administration because to them, the administration of justice is not fair. President Arroyo’s executive clemency only shows that her administration favors the rich and the influential.

To me, Mr. Teehankee should not have been given executive clemency because he murdered an innocent young woman. When I was Justice Secretary, we made sure that Mr. Teehankee will be convicted because people need to know that everyone is equal before the law.

(I also led the prosecution of high profile cases that led to conviction of businessman Rolito Go and Calauan Mayor Antonio Sanchez. Teehankee was convicted for the 1991 murders of 16-year-old Maureen Hultman and 21-year-old Roland John Chapman.)

With Teehankee’s release, I call on Malacanang to also grant clemency to other qualified convicts even if they are poor and do not come from influential families. I support calls for the Department of Justice to publicize an inventory of convicts in heinous crimes who were granted parole, with emphasis on their social status.