No to Cha-Cha! No to GMA!

Amidst the current political crisis besieging the current regime, Gloria Macapagal-Arroyo, who has experienced the most number of impeachment complaints, is now attempting to escape charges of corruption, election cheating, economic plunder, and human rights violations by extending her term in office through Charter change. As if the people’s suffering under her administration is not enough, the Arroyo administration shall only exacerbate further the tragic conditions we have found ourselves through Charter proposals that will intensify policies that have only favored those in power.

Tireless Attempts
In 2006, GMA brazenly declared, with the approval from then-Speaker Jose de Venecia and former President Fidel V. Ramos, that it was “time for the great debate on charter change.” That year, we witnessed the staggering haste with which the House of Representatives, under the leadership of De Venecia sought to pursue amendments to the Constitution. Disregarding basic parliamentary and long-established house rules, majority of the House of Representatives, railroaded the passing of a resolution to amend the constitution by calling the Senate to convene into a constitutional assembly. That year, GMA and De Venecia proposed to change the form of government from Presidential to Parliamentary. As incentive to her supporters, she dangled the prospect of membership in the interim parliament. Despite their denials, it is apparent that it is Arroyo and her allies who were nearing their last term in office saw the opportunity to extend their stay in government.

Two years later (one year before GMA’s term will expire), the same moves are being displayed by GMA. This time, she has thrown her full support for Federalism, if only to create the Bangsamoro Juridical Entity which only recently was struck down by the Supreme Court as unconstitutional. In all her attempts, had it not been for the strong public outcry, threats to conduct massive rallies and the very evident lack of support of the people from different sectors, GMA would not have pulled her dogs back.

We say no because every time the great debate is started, the terms of many-a-politicians, GMA especially included, are dubiously about to end. We say no because of the irreverence displayed by GMA and her allies in railroading amendments to the constitution, the highest law of the land, and by-product of our successful overthrow of the Marcos dictatorship. We say no because, as sessions in Congress are about to end, our Representatives and Senators have chosen to bicker over the process of amending our Constitution at the expense of much-needed legislation such as the Reproductive Health Bill and Agrarian Bill which lamentably have been debated on longer than they are willing to debate on the Constitution. Instead of addressing perennial social issues in light of the country’s worsening economic and social conditions, they have chosen instead to focus on the Charter change at the expense of the people’s genuine interests.

Tireless Protest
The Arroyo administration’s tireless attempt at violating our democratic rights and interests is and shall be confronted with the people’s tireless displays of rejection and protests. Akin to the people’s decisive rejection of Fidel Ramos’ attempt at Charter change (which sought to change the form of government from presidential to parliamentary which gave the President and many other politicians the space to extend their terms in office), and Joseph Estrada’s Constitutional Correction for Development (Con-Cord) (which sought to remove the ‘restrictive’ economic provisions in the 1987 Constitution), it is the people, through collective action, who will similarly put a definite end to Gloria Arroyo’s tireless effort to change the Constitution, which, following the trend of her previous attempts, must be rejected for the following reasons:

1. Charter Change is a ploy to perpetuate Mrs. Gloria Macapagal-Arroyo in power by setting aside serious questions about her legitimacy and legalizing her term until 2010 and beyond.

2. Charter Change may be used to resurrect martial law.
a. The 60-day limit to martial law and suspension of writ is removed.
b. Congress may not revoke the proclamation of martial law or writ suspension.
c. The Supreme Court can no longer review the factual basis for the declaration of martial law.
d. There will be a new ground for declaring martial law, which is vague and open to abuse.
e. Under transitory provisions, Mrs. Arroyo will have the additional power to dissolve Parliament.

3. Charter Change will sell out national patrimony and economy.
a. Foreign entities will be granted the right to own residential, commercial and industrial land
b. Foreign entities will be allowed to exploit natural resources.
c. Foreign entities will be allowed to control and/or operate public utilities such as water, electricity and telecommunications.

4. Charter Change can further undermine our national identity and culture as it will also allow foreign ownership of mass media, educational institutions and advertising firms.

5. Charter Change will degrade national sovereignty and territorial integrity.
a. It will pave the way for the return of foreign military bases
b. There will be no limit to the entry of foreign troops and facilities.
c. Ratification of treaties and other international agreements favoring foreign interests will be made easier.

By their haste, and very patent personal interests alone, it is obvious why we, the people, are being systematically excluded in this “great debate.” It is not us who stubbornly say no. It is them who stubbornly pursue a change that the people has consistently refused.

No to Cha-Cha.
No to GMA.

When The Tyrant is Afraid: Taktika ng Papatinding Pampulitikang Panunupil ng Rehimeng Arroy

Sa likod ng kamay na bakal ng rehimen ay ang isang tirano na nanginginig sa desperasyong panatilihin ang sarili sa kapangyarihan.

Sa kasagsagan ng matinding protesta laban sa kahirapan at pang-ekonomiyang krisis na idinudulot ng rehimeng Arroyo, iba’t ibang porma ng panunupil ang ipinupukol nito sa mamamayang lumalaban. Noong mga nakaraang buwan, dalawang serye ng maramihang kaso at pag-aresto ang ipinataw ng korte laban sa mga lider-aktibista ng Timog Katagalugan (Southern Tagalog).

Nauna nang kinasuhan ang 27 lider-aktibista ng Globe Telecom kaugnay umano sa naganap na panununog at pambobomba sa isang Globe Cell Site sa Lemery, Batangas noong Agosto 2. Kinasuhan ang mga ito ng arson, destruction of private property, at conspiracy to commit rebellion sa Batangas Prosecutor’s Office.

Nitong Oktubre, nagbaba naman ang Calapan Regional Trial Court ng Warrant of Arrest sa tinatayang 72 aktibista mula rin sa Timog Katagalugan sa kaso ng multiple murder at multiple frustrated murder kaugnay sa naganap na raid ng New People’s Army (NPA) sa Puerto Galera, Mindoro Oriental noong Marso 3, 2008.

Nauna nang dinakip si Atty. Remigio Saladero, ang tagapayong legal ng Kilusang Mayo Uno (KMU) noong Oktubre 23. Dinala siya sa Camp Vicente Lim sa Calamba, Laguna at kinabukasan ay inilipat sa Calapan City District Jail. Noong Oktubre 27, inamin ni Provincial Prosecutor Josephine Caranzo-Olivar na walang naganap na preliminaryong imbestigasyon bago ibaba ang warrant.
Noong Oktubre 24, dinakip din si Nestor San Jose sa bayan ng Teresa sa Rizal. Oktubre 27, si Crispin Zapanta ang Tagapangulo ng Bayan Muna-Antipolo Chapter ay dinakip rin. Ang lahat ng mga ito ay kasalukuyang nakakulong sa Calapan District Jail.

Samantala, noong Nobyembre 3, dinakip rin si Rogelio Galit, tagapagsalita ng Katipunan ng mga Magbubukid sa Kabite (KAMAGSASAKA-Ka). Ayon sa KARAPATAN (Alliance for the Advancement of Human Rights) - Southern Tagalog, 15 armadong kalalakihan na naka-sibilyan, alas-syete y medya ng gabi sa Brgy. Kaong, Silang Cavite. Dinala si Galit sa kampo Vicente Lim sa Calamba City.

MAS MARAHAS NA PANUNUPIL

Ang pasismo ng rehimeng Gloria Macapagal-Arroyo sa mamamayan nito ay matining na rin sa buong mundo. Kilala ang Pilipinas bilang isa sa pinaka-peligrosong bansa para sa mga mamamahayag dahil sa mataas na bilang ng extra-judicial killings sa mga progresibong mamamahayag, mga lider-aktibista at mga kritiko ng administrasyon. Maging ang United Nations Special Rapporteur Philip Alston ay tinutukoy ang mataas na bilang ng paglabag sa karapatang pantao sa bansa sa counter-insurgency operations ng gobyerno. Kaya naman, upang tabingan ito, ang taktika ng paggamit ng mga korte upang patahimikin ang mga protesta ay isinasagawa ng rehimen ni Arroyo.

Nauna nang isinagawa ang taktikang ito upang dakipin ang TAGAYTAY 5 kung saan kabilang ang makatang si Axel Pinpin na inaresto at kinasuhan. Matapos ang dalawang taon ng pagkakakulong, idineklarang ilegal ng korte ang ginawang pandarakip. Bunga ng malawakang suporta ng mamamayan, umusad ang kaso hanggang sila’y napalaya.

Lalong pinatutunayan ng mga naganap na pandarakip ngayon sa Timog Katagalugan ang marahas na panunupil ng kasalukuyang administrasyon upang takutin ang mamamayang Pilipino. Sinusubukan ding pinsalain ng taktikang ito ang kilusang protesta ng mamamayan imbes na tugunan ang tunay na interes at panawagan ng mamamayang naghihirap.

TAGOS HANGGANG ESKWELA

Maraming kabataang lider-aktibista sa eskwelahan ang nakararanas ng kaparehong pasismo. Patunay nito ang pagsuspindi at pagpapatalsik sa 19 estudyante mula sa Jose Rizal University sa Metro Manila, dahil lamang sa pamimigay ng mga polyetong nanawagan ng suporta para sa P125 pagtataas ng sahod ng mga manggagawa.

Ang mga lider-estudyante at miyembro ng League of Filipino Students (LFS) at ANAKBAYAN ang mga target ng harrassment ng mga myembro ng ISAFP (Intelligence service of the AFP) at ng ROTC-led (Reserve Officers Training Corps) Student Intelligence Networks sa iba’t ibang pamantasan. Patunay rito ang isang grupo ng ahente na naniniktik lulan ng isang van na may plakang UDU 234 na umiikot sa loob ng ating unibersidad.

Sa Polytechnic University of the Philippines- Main Campus naman, 4 na ahente ng ISAFP ang nahuling nagmamatyag sa isang pagkilos sa loob ng unibersidad. Ang mga estudyante na gumawa ng isang “citizen’s arrest” sa mga nasabing ahente at nagdala sa mga ito sa PUP Security Office ay kinasuhan ngayon ng frustrated murder, pagnanakaw at marami pang gawa-gawang kaso.

Samantala, ang Chairperson naman ng PUP- Quezon chapter kasama ang iba pang lider-estudyante ay kinasuhan rin ng rebelyon sa kadahilanan lamang ng paghiling ng detachment ng militar sa loob ng pamantasan na isa namang malinaw na pagtapak sa katangian ng isang akademikong institusyon.

Gayundin, ang kasalukuyang Chairperson ng UP Los Banos University Student Council ay kinasuhan sa Student Disciplinary Tribunal ng gross misconduct and deliberate discourtesy to persons of authority dahil sa naganap na debate sa Central Electoral Board (CEB) hinggil sa kawalan ng Student Council elections. Siya ay kinasuhan habang gumagampan ng kaniyang tungkulin bilang representasyon ng mga estudyante sa CEB dahil sa paggigiit na kilalanin ang konstitusyon ng UPLB Student Councils at ilunsad sa kagyat ng eleksyon.

TUMUNGGALI SA PANDARAHAS

Sa maagang yugto pa lamang ng panunungkulan ni GMA, ay samu’t saring pamamaraan ng panunupil ang inilunsad nito sa pamamagitan ng OPLAN BANTAY LAYA 1, 2, at 3. Bilang resulta, mahigit isang libo na ang biktima ng mga pulitikal na pandarahas at patuloy itong nadaragdagan habang lalong pinaiigting ang represibong panunupil ng pamahalaan. Nagdulot din ito ng mga pagdukot sa mga aktibista tulad nina Karen Empeno, Sherlyn Cadapan, at Jonas Burgos. Malinaw na ang nagaganap na pandarakip nagyon ay bahagi pa rin ng counter insurgency program ng kasalukuyang administrasyon upang pilayin ang lumalawak na kilusang-protesta ng mamamayan laban kay GMA.

Ang mga paglabag na ito sa karapatang pantao ay manipestasyon ng likas na pasismong katangian ng isang gobyernong nagsisilbi sa dayuhan at sa iilang naghaharing-uri. Lalong pinatutunayan nito ang desperasyon at takot ng rehimeng Arroyo sa lumalawak na pagkilos ng sambayanan para sa kaniyang pagpapatalsik at para pagsusulong ng tunay na pagbabagong panlipunan. Patuloy ang marahas na panunupil sa lumalabang mamamayan at nararapat lamang na magpatuloy sa pakikilahok sa pagtatanggol sa interes ng sambayanan. Kondenahin, biguin at lansagin ang rehimeng Arroyo na nangunguna ng mga paglabag sa mga karapatang pantao. Binubuhay tayo sa kawalang katarungan, nilulunod tayo sa karahasan. Ngayon kinakailangang gumuhit ng paninindigan. Ano ang mas pipiliin mo, magpaagos o tumunggali sa gitna ng mga pandarahas?

WAG THE DOG: Mula MOA Hanggang Cha-Cha

War is show business, that’s why we’re here.
- Conrad Brean (Wag the Dog, 1997)

Lantad na lantad ang makasariling interes ng rehimen ni Gloria Arroyo at ng U.S. sa pagpasok sa Memorandum of Agreement on Ancestral Domain (MOA-AD) ng Government of the Republic of the Philippines (GRP) at Moro Islamic Liberation Front (MILF). Mula sa mga abo ng pagkabigo ng kaniyang pakanang People’s Initiative for Charter Change noong 2006, muling gumawa ng oportunidad ang kaniyang rehimen upang pasayawin ang mamamayan sa kaniyang Cha-Cha sa pamamagitan ng pagkasangkapan sa mahigit apat na dekadang armadong tunggalian sa Mindanao para sa kanilang karapatan sa sariling pagpapasya o right to self-determination.

Ang matagal nang pakikibaka ng mamamayang Moro para sa kanilang mga pampulitika at pang-ekonomiyang kahilingan ay malayong maisakatuparan sa ilalim ng pamumuno ni GMA. Imbes na sinserong harapin ang ugat ng kahirapan at pag-aaklas ng mga kababayang Moro na primaryang nagmumula sa pagsasamantala ng malalaking panginoong may-lupa at korporasyong multinasyunal sa kanilang mga ancestral lands, ginamit pa itong pagkakataon para itambol at isulong ang naantalang anti-mamamayang Cha-Cha na sa huli ay lalo lamang magtitiyak ng interes ng iilan sa ‘Bangsamoro homeland’. Tunay na walang sinseridad ang rehimeng ito sa pangmatagalang kapayapaan sa Mindanao at nagawa pang isangkalan ang buhay at kapakanan ng mga sundalo’t sibilyan para isulong ang mga nasabing interes at upang magbunsod pa ng giyera na nakikitang pagkakataon upang gawing lehitimo ang mga base militar sa Mindanao at ang paggamit ng emergency powers dahil sa giyerang ang rehimen niya mismo ang may pakana.

Kronolohiya ng maniobra ni Gloria

Hulyo 25 - nag-walkout ang kinatawan ng MILF sa peace talks matapos tangkaing repasuhin ng GRP ang dalawang settled issues na nilalaman ng MOA-AD

Hulyo 28 - muling pagbubukas ng usapang pangkapayapaan sa pagitan ng MILF at GRP matapos magpirmahan ang mga kinatawan ng dalawang panel sa Malaysia ng isang joint communiqué hinggil sa isyu ng ancestral domain.

Itinakda ang pirmahan ng MOA-AD ng Agosto 5, na naglalayong itransporma ang Autonomous Region in Muslim Mindanao (ARMM) tungo sa Bangsamoro Judicial Entity (BJE). Kasama nito ang pagpapalawak sa 700 pang barangay ang teritoryong sinasaklaw ng ARMM na kasalukuyang sumasakop sa 2,470 barangay sa Marawi City, at 111 munisipalidad sa anim na probinsya – Basilan, Lanao del Sur, Maguindanao, Sulu, Tawi-Tawi.

Hulyo 30 - Umalma ang mga opisyal at pulitiko, sa pangunguna ni North Cotabato Rep. Bernardo Pinol Jr., na ayaw na maging bahagi ang kanilang mga probinsya ng BJE. Nagsampa sila ng petisyon sa Korte Suprema para kuwestiyunin ang ligalidad ng MOA-AD.

Hulyo 31 - Umalma na rin ang mga tribal leaders at ilang mga Kristiyano sa Mindanao dahil hindi sila nakonsulta hinggil sa pagsasama ng kanilang mga lupain sa MOA-AD.

Agosto 4 – Naglabas ng Temporary Restraining Order (TRO) ang Korte Suprema upang pigilan ang nakatakdang pagpirma ng MILF at GRP sa MOA. Matapos nito, idineklara ni Press Secretary Jesus Dureza na kinakailangan ng ‘surgical remedies’ sa Konstitusyon upang mapatupad ang mga nakasaad sa MOA.

Agosto 5 – Napigilan ang nakatakdang pirmahan sa Kuala Lumpur at sumiklab ang labanan sa North Cotabato. Agosto 11 – Inihayag ni Arroyo ang kaniyang ‘suporta para sa federalism’ bilang resolusyon para sa kapayapaan sa Mindanao.

Agosto 13 – Malakanyang: All systems go for charter change. Agosto 14-15 – Naglabas ng mga pahayag ang CBCP, ang oposisyon, mga progresibong party-list, mga grupong pulitikal at maging ilang mga alyado ni Arroyo sa Senado at Kongreso laban sa cha-cha bilang instrumento para sa pagpapapalawig ng termino ni Arroyo.

Motibo ni Gloria sa Cha-Cha

Simula pa lamang ay alam na ng GRP na labag sa Konstitusyon ang mga panukala sa MOA-AD at tiyak na kukuwestiyunin ito ng Korte Suprema. Sa ganitong paraan nakakitaan ng Malakanyang ng pagkakataon na maniobrahin ang isyu ng MOA para muling buhayin ang pakanang charter change. Gayundin, inaaasahan nito ang malakas na pagtutol ng mga kongresista, tribal leaders, at ilang mga grupong Kristyano sa Mindanao na siyang magbubunsod ng muling pagsiklab ng labanan sa pagitan ng MILF at AFP: paraan upang madaling ipasikmura sa mamamayan ang Federalism at Charter Change.

Kitang-kita at amoy ma amoy ang motibong palawigin ni Arroyo ang kanyang termino (term extension) sa pamamagitan ng Cha-Cha – maaaring sa pamamagitan ng aktwal na pagpapalawig ng term limit o sa pag-assume sa pusisyon ng Punong Ministro sa sistemang parlyamentaryo.

Gayon na lamang ang desperasyon ni Arroyo na manatili sa kapangyarihan dahil pagbaba niya sa pwesto sa 2010, mawawalan siya ng immunity. Kapag nangyari ito, tiyak na siya ay kaliwa’t kanang sasampahan ng mga kaso at hindi malayong mahatulan at makulong sa dinami-dami ng kanyang mga kasalanan sa mamamayan.

Maging ang federalism ay isang taktika upang kabigin at ligawan ang mga alyado ni Arroyo sa gobyerno. Hangad nitong konsolidahin ang kapangyarihan kina Arroyo at sa kanyang mga alipores sa Kongreso. Sa federalism, ang mga maka-Arroyong kongresista ay maaring mag-astang mga ‘little presidents’ sa kanya-kanyang mga probinsya na magiging federal states.

Samantala, kung hindi man Cha-Cha, maaari pa ring maniobrahin ni Arroyo ang kaguluhan sa Mindanao upang mag-invoke ng emergency powers at magdeklara ng martial rule – para pa rin magsilbi sa kanyang interes na manatili sa pwesto.

Bakit tutol ang mamamayan sa charter change ni Gloria?

Kung pagbabatayan ang nauna nang mga panukalang pagrebisa sa Konstitusyon noong 2006, malinaw na higit na kapangyarihan ang hatid ng cha-cha ni Arroyo,

(1) Sa cha-cha, layon ni Arroyo na lumikha ng isang parlyamentong ala-Marcos, na higit na magkokonsentra ng kapangyarihan sa kanya at sa kanyang mga tuta. Ibabaon nito ang di-resolbadong usapin, isyu at anomalyang kinasasangkutan ni Arroyo at palalawigin ang kanyang pananatili sa pwesto.

(2) Higit na aatekihin sa Cha-Cha ang mga kalayaang sibil at mga demokratikong karapatan ng mamamayan. Ang terorismo ng estado na ipinapatupad na sa kasalukuyan ay higit pang lalala sa pagsasatitik sa Konstitusyon ng mga probisyong sa karapatan magpahayag, mag-organisa, magprotesta at lumaban para sa mga batayang karapatan.

(3) Higit na pangangayupapa sa dayuhan ang kahulugan ng Cha-Cha. Ibubukas sa higit na pandarambong at pagsasamantala ng imperyalismo ang ating bansa na magdudulot ng higit na pambubusabos at kahirapan. Papahintulutan ang 100 porsyentong pag-aari ng dayuhan sa lupain, likas na yaman at negosyo, at lulubusin ang pribitisasyon at deregulasyon ng gma sebisyo publiko kabilang ang edukasyon.

(4) Pagbubugaw sa soberenya at kasarinlan ng bayan ang susuhayan ng cha-cha. Ibubukas lalo ng cha-cha ang bansa sa tropang dayuhan, tatanggalin ang pagbabawal sa pagpasok ng armas nukleyar at ibabalik ang base militar.

Kabaliktaran ng propaganda ng Malakanayang, hindi kapayapaan at bagong pag-asa ang idudulot ng Cha-Cha kundi higit na kahirapan, krisis at pambubusabos na mamamayan. Isa itong komprehensibong atake sa demokratikong karapatan at interes ng taumbayan.

Ayon pa sa NUPL (National Union of People’s Lawyers), kahit na sabihin pa ng Malakanyang na ilang ‘surgical amendments’ lamang ang gagawin sa Konstitusyon, kapag naipasa at natipon na ang isang constitutional assembly ay wala nang magiging hadlang para tuluyan nang repasuhin ang Konstitusyon. Wala nang tiwala ang mamamayan kay Arroyo at hindi ito naniniwalang tanging ang resolusyon sa gulo sa Mindanao ang interes niya sa pakanang Cha-Cha.

Nakatakdang pagbotohan sa Mababang Kapulungan ng Kongreso ang pagbuo sa con-ass sa Agosto 25.

“Why does a dog wag its tail? Because the dog is smarter than the tail. If the tail was smarter, it would wag the dog.”

People’s Struggles Committee
UNIVERSITY STUDENT COUNCIL

Kabuhayan, Karapatan, Katarungan: Forum on Economic, Social and Cultural Rights

The National Union of Peoples’ Lawyer ( NUPL ) and the Bagong Alyansang Makabayn ( BAYAN ) with the support of the People’s struggle committee of the University Student Council of University of the Philippines- Diliman invite you to “Kabuhayan, Karapatan, Katarungan”A Forum on Economic, Social and Cultural Rights:Violations and Remedies on August 28,2008 from 8: 30 to 11: 30 a.m. at the Malcolm Hall ,College of Law University of the Philippines, Diliman ,Quezon City. The forum will mainly tackle the “access to justice” problems encountered by victims of ESC rights violations and the proposed solutions, including amendments to the Rules of Court.

Chief Justice Reynato Puno, who recently spearheaded the Supreme Court’s National Workshop on identifying roadblocks to “access to justice” on ESC rights issues, will be the Keynote Speaker.

The different people’s organization representing the poor and marginalized sectors will formally present to the Chief Justice their papers detailing recommended actions towards the protection of economic, social and cultural rights and granting victims of ESC rights violations access to judicial remedies and other mechanism for redress.

The forum is important, not only because it will give the people the opportunity to directly present access to justice proposals to the Chief Justice, but also because it is rare that the various sectors come together to present their sectoral papers and studies on ESC rights violations

Support for Victims of Typhoon Frank

The University Student Council (USC) will be gathering support for the victimes of Typhoon Frank. Clothes, medicines, relief goods and financial suport will be appreciated. You may bring them to the USC Office at Vinzons Hall starting Tuesday, June 24, 2008. Please contact Nem Canete (+639153572312) or Issa Baguisi (+639277023359) for questions and your financial donations.

We hope you or your organizations can contribute in helping our fellow Filipinos. Thank you. (Please pass).

Privatization Of Power Sector, The Root Of High Power Rates

The impetus behind the current crisis is the restructuring of the sector through the Electric Power Industry Reform Act, or EPIRA, which was one of the first laws signed by President Gloria Arroyo in 2001.

Amid the flurry of accusations between private distributor Manila Electric Company (Meralco) and state-run National Power Corporation (Napocor) over unjust charges, one fact remains clear: privatization and deregulation of the power industry – distribution, transmission and generation – is at the heart of high electricity bills.

For example, consider the multitude of unjust ‘pass-on’ charges levied by Meralco on its customers. These include system losses, in which power lost through pilferage and technical problems are passed on to consumers and P500-million a year of Meralco’s own power consumption which is similarly reflected in electric bills. There is also a reported plan to pass bad debts incurred by the power distributor on to consumers.

These charges have been approved by the government Energy Regulatory Commission (ERC), which is tasked to regulate the rates of electricity distributors. Although blame has been placed on the ERC’s lax regulation for such excessive ‘pass-on’ rates, in truth the regulatory environment has become lenient because of deregulation of the power sector and while moving towards full privatization.

It should also be noted that although Meralco is a public utility with a congressional franchise, its essential nature is a private, profit-oriented corporation listed in the Philippine Stock Exchange. Thus, it should not be surprising that the company exploits legal loopholes to levy such unwarranted charges in order to fatten its bottom line and make its stockholders and owners happy.

The privatization of the power sector created profit opportunities for private-sector independent power producers (IPPs). In order to quickly attract investors to the sector, government had to ensure the power producers’ profitability. Thus, onerous provisions such as ‘take or pay’ (which required Napocor to buy 70% to 100% of power producers’ output) and ‘fuel cost guarantee’ (which obligated Napocor to source and pay for fuel used by IPPs) were tacked onto IPP contracts. These provisions bloated consumers’ power bills through charges such as the infamous Purchased Power Adjustment (PPA). They also contributed to Napocor’s skyrocketing debt burden.

It will be remembered that a government-mandated review of 35 IPP contracts during the Arroyo administration found that only six were “clean” or without financial or legal issues. Five were found to contain “onerous” terms that were “grossly disadvantageous to government”. However none of these contracts were cancelled, and were instead “renegotiated”.

High transmission charges have also been blamed as a factor in high power rates. But the National Transmission Corporation (Transco) is also set for privatization, and thus, needs to charge high rates in order to attract potential investors. It should also be noted that transmission charges are regulated by the ERC as well.

Open Access
The impetus behind the current crisis is the restructuring of the sector through the Electric Power Industry Reform Act, or EPIRA, which was one of the first laws signed by President Gloria Arroyo in 2001.

Before EPIRA the sector was composed of generation, transmission and distribution sectors. Napocor generated electricity on its own and bought electricity from IPPs, and transmitted this to distributors and large industrial customers through high-voltage wires. Distribution of electricity to end-consumers was done by privately-owned electric utilities, a few government-owned utilities and electric cooperatives.

Under EPIRA, the various components of the power sector are separated into generation, transmission, distribution and supply. Generation and transmission assets of Napocor would be privatized while distribution would continue to be handled by the private sector. The end goal of the sale of Napocor’s generation assets is “open access” which is government’s supposed answer to high electricity prices. “Open access” ostensibly aims to introduce competition into the industry by allowing consumers to select their supplier.

EPIRA advocates claim that competition would lower rates, particularly with a provision which states that no power generator should control more than 30% of supply in a given grid and ostensibly prevents monopolies. But the experience of the deregulation of the downstream oil industry demonstrates that such “competition” does not bring down prices. Deregulation has resulted in new players taking 12% of the market while the big three oil firms (Petron, Shell and Chevron) share the remaining 88% or an average of 29% per firm. This has not stemmed cartel-like behavior with oil industry players raising pump prices nearly simultaneously. It has also not resulted in lower prices, as pump prices of all petroleum products have raised an average of almost 580% since deregulation of the industry was implemented in 1996.

EPIRA also notably allows cross-ownership between distributors and generators. This has allowed the Lopez family to own a controlling share in Meralco while also owning IPPs. This situation has led to questions of conflicts of interest as Meralco would naturally be more inclined to buy power from its sister firms regardless of whether it is cheaper than electricity sourced from Napocor IPPs.

Reversing privatization
In the light of high costs in power rates, the reversal of privatization of the entire power sector becomes an increasingly viable answer. This entails the repeal of EPIRA law, reversal of the privatization of Napocor’s generation assets, and government control over the entire power sector – distribution, generation, transmission and supply.

Of course many would question the return of state control over the industry, particularly in light of corruption allegations against Napocor such as its alleged overbilling of customers by some P10 billion and its purchase of overpriced coal for its power plants.

However there remains no substitute for responsible state control in an industry such as the power sector whose natural monopolies will inevitably be exploited by private interests for maximum profit even at the expense of the public. And as a state-run industry, the people must have the right to subject the power sector to scrutiny and demand transparency in its operations. Effective state control remains the best solution to address high power rates– even as it is acknowledged that leaving the power industry to an administration known for allegations of corruption, unaccountability, and subservience to elite interests’ compromises achieving a pro-people power sector.

This feature also appears as a feature under IBON Foundation

A Tribute to Ka Bel

On May 20, 2008, Rep. Crispin B. Beltran, ANAKPAWIS partylist representative on his third term in Congress, a great labor leader, an incorruptible parliamentarian, staunch fighter for national freedom, democracy and international working class solidarity, died at 11:48am at the FEU hospital in Quezon City due to severe head injuries. He was 75.

We mourn with his family and friends, comrades and colleagues. Yet, in his passing, he left a distinctive and brilliant legacy of fighting not only for the interest of the workers and oppressed people but most especially of the Filipino youth.

Rep. Beltran is scheduled to file a bill to remove the E-VAT on electric power to lower the rates affecting his constituents. Rep. Beltran’s study of his legislative measures is for the protection of the underprivileged and other marginalized sectors.

Crispin Beltran, more endeared to the masses as “Ka Bel”, is a living legend and epitome of militancy and progressive lawmaking in the country. Before his demise, he was the Chairman of the national political party Anakpawis (Toiling Masses) Partylist and is its re-elected Representative to the Philippine Congress.

Having been an activist for over fifty long years, Ka Bel is esteemed by laborers, peasants, and urban poor and other marginalized sectors as a true defender of the toiling masses and staunch critic of privatization, deregulation and other destructive policies of globalization.

Ka Bel also stands against the United States’ war of aggression on Iraq and its war on terror. He also is steadfast in his call for respect for national sovereignty and international unity against foreign intervention.

During the Japanese occupation of the Philippines, at an early age, Ka Bel volunteered as a courier for the guerillas. After the war, he worked as a farm hand and janitor to support his studies. He then worked as a gasoline boy, messenger, bus driver and later on, a taxi driver. At age 20, he joined his fellow drivers in a strike against unfair labor practices. The police attacked their picket line, injured many and claimed the lives of three protesting workers. Since then, Ka Bel vowed to fight alongside the working class.

He organized the Amalgamated Taxi Drivers Association, for which he served as President from 1955 up to 1963. Together with Felixberto ‘Ka Bert’ Olalia and Feliciano Reyes, leaders of the Filipino labor movement’s militant tradition, he organized the Confederation of Labor of the Philippines (CLP). He was CLP’s Vice-President from 1963 to 1972. Ka Bel also helped found the Philippine Workers Congress and other labor organizations such as KASAMA and PACMAP, which de facto asserted their recognition during Martial Law.

Under the repressive martial law, Ka Bel helped establish the Federation of Unions in Rizal and the Philippine Nationalist Labor Organization (PANALO) until KMU was founded in 1980. From 100,000, KMU’s membership soared to 500,000 in the 1980s. The establishment of KMU united and strengthened the people in its fight against the fascism of the Marcos dictatorship.

When Marcos launched a crackdown in August 1982, Ka Bel was one of those arrested and detained. In November 1984, he was able to escape, and went back to organizing workers and peasant s in the countryside.

When Ka Rolando “Lando” Olalia was brutally murdered in 1987, Ka Bel took over the presidency of KMU. He ran for senator under the banner of Partido ng Bayan that same year and garnered 1.52 mi llion votes but lost due to massive “dagdag bawas” (ballot and vote switching) scheme of elect ion fraud. He remained a leader of the militant union until March 2003.

He also became a National Council Member of multi-sectoral alliance Bagong Alyansang Makabayan (BAYAN) which means New Patriotic Alliance) in 1985 and also served as its national chairperson from 1993 to 1999.

Ka Bel became the chairman of the International League for People’s Struggles in 2002. He is also considered as one of the pillars of international working class solidarity in the era of globalization.

From February 2001 to November 2003, he served as Vice President and one of the three representatives of Bayan Muna (People First) Partylist to Congress, where he introduced legislations imbued with his high sense of patriotism and advocacy of the rights and welfare of the marginalized sectors.

In 2004, he became the representative for Anakpawis Partylist as a sectoral representative of workers, peasants, urban poor and other toiling masses.

Ka Bel was cited by the Philippine Center for Investigative Journalism as the partylist representative in the 13th Congress with the most number of bills and resolutions filed, totaling to 130, and with a nearly perfect attendance before his arrest in February 2006.

His three-term stint in the House of Representatives has garnered him awards such as Filipino of the Year and Most Outstanding Congressman for four consecutive years from 2002 - 2005, and in 2006, was adjudged part of the Congressional Hal l of Fame - all these and the respect of the public he reaped even as the Arroyo regime continues to persecute him and his fellow activists.

After his arrest and year-and-a-half long arbitrary and illegal detention initiated by the Gloria Macapagal-Arroyo administration, Ka Bel was proven innocent of the rebellion charges against him.

Persecution, however, persists through the fabricated inciting to sedition case that the Metropolitan Court of Quezon City refuses to dismiss until now, despite legal prohibit ions for duly-elected officials to be charged with crimes punishable by not more than s ix years of imprisonment such as inciting to sedition.

In October 2007, Ka Bel exposed bribery attempts by administration allies, particularly by KAMPI member Francis Ver. He was offered P2 million in exchange for his support to the weak impeachment complaint against President Gloria Macapagal-Arroyo.

Ka Bel is survived by 11 children, 29 grandchildren and 5 great-grand children.

People’s Struggle Committee
UP Diliman - University Student Council

Bangis: Krisis sa Langis

Crude oil and various petroleum products are crucial in literally fueling the economy of a nation, ensuring its security and defense and help provide basic consumer needs. Presently, oil has become a strategic and vital product to the global nations. If blood is the lifeline of our body, then oil is the lifeline of the economy, even sustains the life of a nation.

Ang langis ang nagpapatakbo sa industriya at serbisyo hanggang sa mga batayang gamit pangkonsumo. Ang langis ang nagpapatakbo sa mga makina ng sektor ng manupaktura at makinaryang agrikultural, sa mga sasakyan sa lupa, karagatan at sa kalawakan. Mahalaga ang langis mula sa paggana ng ating mga kalan sa kusina hanggang sa pagpapaandar ng ekonomya ng bansa.”

Speech of Anakpawis Representative Crispin Beltran
2008 Philippine Energy Summit,
January 29, 2008, SMX Convention Center
(former taxi driver and factory worker)

We are very much aware that the oil industry is very vital to the nation’s development. Our country is is a sanctuary of oil and energy sources such as the Malampaya and Nido in Palawan and the Liguasan Marsh in Central Mindanao. However, these and other potential energy sources like coal and geothermal are left for exploration and development in the control of foreign corporations, making us heavily reliant on imported oil products and its unending swelling of prices and eventually buying our own locally sourced new energy and power sources from foreign firms at higher costs.

Last year, the prices of various gasoline products increased by 24% (P35.75 to P44.45) while diesel prices hiked by up to 21% (P31.75 to P38.45). Cooking gas or LPG, most commonly used in households posted an increase of 21.95% (P533 to P650). Retail prices of kerosene which is used by small fishers as well as most households in the countryside and urban poor communities have jumped by 14%. Since Mrs. Gloria Macapagal-Arroyo rose to power in 2001, prices of gasoline products increased by 143% up to 147%; diesel prices increased by 172%. For the past twelve years since the Downstream Oil Industry Deregulation Law was enacted in 1996, prices of gasoline products increased by 352% to 364%; diesel by 434%; kerosene by 454% and LPG by 356%.

Majority of the basic masses with very low purchasing power suffer the burden of increase in prices of basic commodities that rise up with the price of oil. The government even joined in bleeding the people dry by imposing a 12% RVAT on these products.

Jeepney drivers, for instance, will have to work doubly hard to earn a decent income for their families with unabated diesel price hikes. Last year alone, a jeepney driver’s daily expense for diesel increased by P147.30 as the prevailing pump price of diesel jumped by P4.91 per liter between January and November 2007. (Based on transport group Piston’s estimate that a jeepney driver consumes an average of 30 liters of diesel per day) Diesel costs jeepney drivers around P1,125.90 per day and has to hand over between P600 to P900 (depending on the unit’s seating capacity) as daily “boundary” to the jeepney owner or operator. This means that he can only start earning for his family if he has already made P1,725.90 to P2,025.90 to cover for the diesel cost and the operator’s share.

In line with this, concrete and decisive steps must be implemented to stop these attacks on the income and livelihood of our people.

Repeal Republic Act 8479 or the Oil Deregulation Law
One concrete, urgent and practical solution to the ills of high oil prices is to repeal the Downstream Oil Industry Deregulation Law.

The Filipino people has suffered its wounding impacts such as under deregulation, oil companies are no longer compelled or bound by law to justify the increases. Under the same policy, Oil Price Stabilization Fund (OPSF) or subsidies on oil products was removed. The fund could have still been utilized to mitigate the effects of oil price hike more so that the public is demanding for transparency and accountability from its government. And lastly, the declaration that the law would result to effective competition and accessibility with the entry of new industry players did not result in competition and affordability nationwide, particularly in the rural areas.

The monopolistic control of transnational corporations was further encouraged by the Oil Deregulation Law. The existence of Petron, Royal Dutch-Shell, and Chevron (formerly Caltex) in the oil industry is the immediate reason for the overpriced and incessant increase in oil prices. They shamelessly and uncontrollably dictate the price of oil, pressure countries, even OPEC member countries, to create the market beneficial to their aim of earning billions of dollars.

Imagine, six oil giants control the oil industry from exploration up to retailing of petroleum products making them the richest and most powerful block in the world. Even the Supreme Court in its decision on the constitutionality of the 1996 version of the oil deregulation law affirms the existence of such foreign oligopolistic control in the local oil industry. That is the reason why it is disgusting to hear from the government that they can’t do anything to lower the oil prices.

Oil is a deliberately essential commodity and must, therefore, be developed and nationalized, under which price is controlled, for the benefit of the people. Through nationalization and regulation, there would be room for reforming purely profit-oriented mechanisms into a socially responsible handling of the oil industry. With a government at the forefront of managing the oil industry, it has the capacity to direct the downstream oil industry with the national thrust towards economic development.

Currently there are proposed measures in Congress filed by Anakpawis, Bayan Muna and Gabriela Women Party that we must espouse to address immediate and long-term solutions to the problems of the oil industry. These measures are:

House Bill 3029: An Act Regulating the Downstream Petroleum Industry - This proposal requires the regulation of the petroleum industry through the creation of a buffer fund and a Petroleum Regulatory Council that will not be bound by the dictates of oil companies. Regulation can only be effective and truly beneficial if it is part of a program to nationalize the oil industry, so that local oil prices can be brought down from unreasonable and unjustifiable levels set by giant transnational oil corporations and can be prevented from falling prey to further monopoly pricing and manipulation.

House Bill 3030: An Act Instituting Centralized Procurement of Petroleum in the Country - This bill sees the need to interdict the hidden and unchecked transfer pricing between oil company subsidiaries, including probable price padding in the sale of petroleum and petroleum products between refiners and local subsidiaries, to protect the majority of Filipinos from current runaway increases in oil prices. This can be done through centralized procurement of all imported crude oil and refined petroleum products, which includes the creation of buffer supplies to cushion consumers against drastic increases in petroleum prices, and the re-nationalization of Petron Corporation.

HB 3031: An Act Renationalizing Petron Corporation - This bill defines it as a State policy that the business of importing, exporting, re-exporting, marketing, distributing, and selling, whether retail or wholesale, as well as operations and activities of natural and juridical persons, firms, and entities engaged in such activities, shall be carried out in a manner consistent with the public interest. This policy aims to: a) To assure that locally refined and processed petroleum products, as well as imported crude oil and processed petroleum, be primarily for the benefit of the general welfare; and, (b) To assure the public of reasonable prices for petroleum products and to prevent unfair trade/business practices in the industry, particularly with regards to prices.

HB 1126: An Act to include LPG and Kerosene in the list of basic necessities in Section 3, Definition of terms of Republic Act 7581 or the Price Act - LPG and kerosene are considered basic household necessities and socially sensitive products. Ironically, both are not included in the list of basic necessities provided in Section three (3), Definition of Terms of Republic Act 7580, and otherwise known as the “Price Act.” Thus, the filing of this bill.

Other proposals include the moratorium on oil price hikes and the suspension of the 12%-Value Added Tax on oil products for a period of six months. When passed and sincerely implemented, can give immediate relief to almost half a million jeepney drivers and their families and 8.6 million households consuming LPG and 9.4 million households using kerosene.

This must start with the government declaring as a matter of national policy that all activities relating to the downstream and upstream oil industry must be under regulation and supervision so as to allow the State to:

1. Ensure adequate and continuous supply of crude oil and refined petroleum products under the most economic and competitive terms possible considering all available sources of supply, including local supply.
2. Ensure that the entire petroleum industry serves the national interest and economic needs of the country.
3. Ensure that the consuming public enjoys reasonable prices of petroleum products and prevent price manipulation, unfair competition and other trade abuses being committed primarily by big foreign oil corporations.
4. Promote Filipino capital, labor and technology in the downstream and upstream oil industry.
5. Uphold the constitutional guarantee of full state control and supervision over the country’s petroleum resources in the name of national interest and in pursuit of industrialization, while maximizing whatever benefits that foreign financial and technical assistance will bring in the exploration, development and utilization of local crude oil and other petroleum.

The diminishing accessibility of oil and basic commodities to the majority of the Filipino people is tantamount to eradicating our right to a dignified life. To reiterate what Ka Bel (Representative Crispin Beltran) pronounced, oil is the lifeline of the economy and we must struggle for the sustenance of the life of our nation.

REPEAL OIL DEREGULATION LAW!
SCRAP THE VAT ON OIL!
NATIONALIZE THE OIL INDUSTRY!

Sources:
Various IBON Databank position papers on the Oil Industry
Bagong Alyansang Makabayan Briefing Paper January 2008
Anakpawis Partylist
Bayan Muna Partylist
Gabriela Women’s Partylist
Sun Star
Philippine Daily Inquirer
Pinoy Weekly

(Prepared by the Peoples’ Struggles Committee of the University Student Council)

Open Letter for the Proper Implementation of RA 8504

Grief is never itself a cure. The National Epidemiology Center of the Department of Health reports 52 HIV Ab seropositive cases at the HIV and AIDS Registry in February this year. This is a staggering 126% increase in the number of reported cases compared to the same period last year. From January 1984 to February 2008, there were 3,153 HIV Ab seropositive cases reported, of which 2,366 (75%) were asymptomatic and 787 (25%) were AIDS cases. Of the 787 AIDS cases, 308 had already died at the time of reporting. These are grieving realities that cannot sit in judgment any longer.

With this exacerbating condition, government legislation had taken positive steps to address the problem through the Republic Act No. 8504 or Philippine AIDS Prevention and Control Act of 1998—an act that was seen to develop a compassionate and enabling environment by instituting nationwide HIV/AIDS Information and Educational Programs that shall be carried out in all schools and training centers, workplaces and communities. It stated that Department of Education “shall integrate instruction on the causes, modes of transmission, and ways of preventing HIV/AIDS and other sexually transmitted diseases in subjects taught in public and private schools at intermediate grades, secondary and tertiary level, including non-formal and indigenous learning systems.” The act had been cited by the UNAIDS as one of the best practices in the national HIV/AIDS prevention strategies. However, progressive and proactive measures do not end in legislation alone. Proper implementation is just as crucial.

In this vein, the University of the Philippines-Diliman University Student Council (UPD-USC) calls the attention of the administrative offices concerned.

To the UP Administration, we demand that such HIV/AIDS Information and Education Programs be explicitly incorporated in the courses, if not in the curricula offered by the university. Recognizing the insufficient or even lack of integration of these programs in the existing courses by which HIV/AIDS education may be relevant, we call for better quality and greater scope of intervention by the UP administration as far as this directive is concerned. This we ask as a minimum compliance to the AIDS law.

To the Department of Education and Commission on Higher Education, we appeal to the very principles, objectives and functions by which these institutions are founded. We call for the strict and precise implementation of the guidelines, procedures and standards prepared and issued by the Philippine National AIDS Council (PNAC), as the body mandated to oversee this integrated and comprehensive approach to HIV/AIDS prevention and control in the Philippines.

USC acknowledges the growing HIV/AIDS problem in the Philippines and we believe that education is an extremely decisive tool in mitigating, if not at all obliterating the problem at its core. We recognize that through education, one is imbued with desirable health values and decision making skills indispensable to AIDS prevention and control. And ultimately through education, one is afforded by the capacity to develop a mature, rational, and responsible disposition on the issue—one basic thing that is given due confidence and conviction by no less than the law of the land.

This statement was prepared by the Gender Committee of the University Student Council.

Crisis on food and education not isolated

The University Student Council (USC) of the University of the Philippines (UP) today held a press conference and forum at Vinzons Hall, the university’s main student union building, regarding the rice crisis the country is currently facing. Together with representatives from residents of the UP’s residential communities and transport groups in campus and a representative from the Kilusang Magbubukid ng Pilipinas (KMP), the student council demanded that the government take immediate, sustainable and pro-people solutions to the crisis.

According to its statement, the student council demanded that the government “increase its support to the National Food Authority (NFA) in its procurement of palay, dismantle the rice cartels and impose a crack down on illegal acts of price manipulation, implement a moratorium on the land-use conversion of agricultural land, and increase its investment in the agricultural sector.”

USC Councilor Fahima Tajar, chairperson of the student council’s People’s Struggle Committee, said that the meager budget and subsidy of the government for the agriculture sector is not dissimilar from the meager budget allocation of the government for its state colleges and universities such as the University of the Philippines, which pushes and forces such institutions to raise tuition and other such fees. In the USC’s statement, it claims that, “the increasing inaccessibility of our basic staple and of education has made the lives of many Filipino youths and their families harder and the opportunity to make their lives better difficult to reach.”

The student council related the crisis in basic commodities and social services to the failure in leadership under the administration of President Gloria Arroyo. The student council’s statement added that, “if such demands and solutions to the rice crisis are not met immediately, it is only imperative for the youth and the rest of the Filipino people to continue the people’s urgent call for the removal of Gloria Arroyo from office.” #

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