Category: corruption

ATTN: PBBM & Friends #Gifts

In the beginning I didn’t think it was worth blogging about just because it seemed open-and-shut : the prez is immune from suit until he steps down from office AND there’s no chance that the House of Reps would impeach him meanwhile.

But this sum-up from Michael Henry LI. Yusingco, lawyer and research fellow at the Ateneo Policy Center, cited in Business World‘s “Analysts: Marcos may have violated law with Duran Duran birthday bash”, changed my mind.

Yusingco … said Section 7 of the Code of Conduct and Ethical Standards for Public Officials [RA 6713] provides that public officials and employees “shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.”

Presidential Decree No. 46, a decree signed by no less than Mr. Marcos’s father and namesake, states that it is punishable for any public official or employee, whether of the national or local governments, to receive directly or indirectly, and for private persons to give, or offer to give, any gift, present or other valuable thing on any occasion. “Even if presidential immunity takes precedence in this case, that argument must still be made,” Mr. Yusingco said in an e-mail. “At this point, the wrong that needs to be corrected goes beyond what is provided by law.”

“It’s all about doing the right thing in the context of our problems with patronage politics, graft and corruption, and bureaucratic inefficiencies.” [bold mine]
https://www.bworldonline.com/editors-picks/2024/09/17/622180/analysts

It’s definitely an “ATTENTION: PBBM & Friends” moment — just in case they truly didn’t know that the law prohibits private citizens from giving costly gifts to the President AND prohibits the President from accepting such gifts, simply, plainly, because such gifts are a kind of bribery, a way of currying favor with him for some future high position or huge contract or mining concession or tax exemption or land reclamation or flood control project — sky’s the limit on corrupt deals upholding the personal-private rather than the public interest.

Of course it is quite possible that PBBM and his billionaire friends KNEW that gifting the prez with Duran Duran Live! — believed to have cost around a million US dollars — is against the law but went ahead anyway either because (1) they were naive enough to think that they could keep it under wraps or (2) they were feeling invincible, beyond the reach of the law, as the OG Marcos and his cronies were?

Which might explain why the invite to “PBBM @67” kindly asked guests to “keep the vibes cozy and private” …. “skip the photos and videos” … “if possible, leave your phone in the car” … “or check it in at the reception desk” … “make this night extra special and intimate.” https://www.facebook.com/

News of Duran Duran LIVE! leaked out anyway, thanks, it is rumored, to sis Imee who gate-crashed, snapped a photo of the band performing, and sent it to a DDS vlogger based in China who posted about it on Facebook, claiming that the band was flown in using public funds and urging the public to go and join the fun.

The very next day the Palace denied the use of public money: the band was a gift of “old friends” …  “at no cost to the government”.  Besides, it was a welcome surprise at the end of a hard day’s work (distributing a total of P3.19 billion in government aid to the provinces).

Pundits had a field day dissing the Palace response.

One said the Palace shouldn’t have dignified the Duran Duran buzz with an official statement. Really? As though there was no alleged wrong-doing that had to be denied or justified?

One said that the prez should not have indulged Duran Duran & friends with his presence, he should have snubbed the event. But what if he was truly surprised?  What was he to do then — walk out of the event? Leave, and disappoint, family and friends to party without him, the celebrant?  Medyo unthinkable that BBM, or anyone, is capable of that.

The best responses yet — because law-abiding na, doable pa — came from Ronald Llamas and Winnie Monsod. Puwede kasing  naganap ang Duran Duran Live! event without controversy, or puwedeng na-damage control agad nang maayos.

Akbayan activist Llamas is all over the place these days, apparently the favorite political pundit of today’s crop of eager beaver podcasters. Sorry I can’t find the video, possibly with Christian Esguerra or Richard Heydarian or Politiskoop or Storycon (if not all of the above), where he pointed out that the ONLY ones who are allowed to gift PBBM with expensive gifts are members of his immediate family.

According to RA 6713 Section 3d, that means only the spouse and children below age 18 (RA6713 Sec3d). So if it had been the First Lady pala who had spent for Duran Duran or who would spend for the next surprise, no problem. Good to know.

Say naman ni Prof. Winnie Monsod on Cielo Magno‘s “Usapang Korupsyon”:

Who would be stupid enough to give a gift [of that magnitude], unless they expect something in return. If not now, maybe later. …  If I were the president and I was surprised by that gift, obviously I could not possibly say, Go away, Duran Duran…  I would have to repay that person who gave me the gift, whatever he spent to give me Duran Duran. Obviously.  https://www.facebook.com/cielomagno/videos/1067077645425752

Oo nga. And I imagine that it’s not too late. Huwag lang sana sa confidential funds kukunin ang Php55 million or so. Good luck to us.

Alice in POGOland

It bears pointing out that (1) there were no POGOs before Duterte’s term, and (2) there seem to be no POGOs in Mindanao, bakit kaya.

The Philippine Amusement and Gaming Corp. (PAGCOR) started processing licenses for POGOs to shore up its revenue stream in September 2016. Philippine offshore gaming operators began their operations in November 2016.

NCR hosts a large number of POGOs in cities such as Makati, Pasay, Manila, Las Piñas, Mandaluyong, Parañaque, and Quezon City.

Also, regions outside Metro Manila cater to POGOs, including Regions III, IV-A, and VII.

FAST FORWARD to 2020. At a Senate hearing, the Anti-Money Laundering Council (AMLC) bared its records of POGO transactions from 2017 to 2019.

based on our records, the total flow of funds is approximately PhP54 billion only, combining inflows and outflows. If we deduct outflows from inflows, the net inflow is only approximately PhP7 billion. Comparing this to our PhP18.6 trillion economy, the PhP54 billion represents only 0.29%, and if we use the net inflow of PhP7 billion, this represents only 0.04% of the economy.

Also, that P14 billion of the P54 billion was linked to “suspicious activities”:

…about P138 million in Pogo transactions were linked to drug trafficking.

The other “suspicious” amounts were related to violations of the electronic commerce law (P4.9 billion), lack of legal or trade obligations (P4 billion), deviations from clients’ profiles (P2.4 billion), funds not commensurate to the business or personal capacity of a client (P2.2 billion), lack of proper identification of a client (P231 million), and fraud (P121 million).

FAST FORWARD to 2024 and the very curious case of Alice Guo, a very wealthy smalltown mayor with direct links to China and suspected of involvement in money laundering and other criminal POGO operations. She denies it all, of course, and insists she’s legit, a Filipino citizen who grew up on a farm altho she doesn’t remember or know much of her family or childhood or schooling, leading many to think her documents are fake and she’s an illegal Chinese migrant if not a spy.

Read “Bamban’s Mysterious Mayor” by John Berthelsen of Asia Sentinel.

… the reason for the mystery may lie in a raid by authorities on property that she was linked to – Hongsheng Gaming Technology Incorporated and Zun Yuan Technology Incorporated. Hongsheng was raided in February 2023 and was replaced by Zun Yuan in the same location. It was then again raided in March 2024 for charges of alleged human trafficking and serious illegal detention. In them, police found a vast online casino, called a Philippine Offshore Gambling Operator, or POGO, which catered to online gamblers in China, and rescued nearly 700 workers, including 202 Chinese nationals and 73 other foreigners who were forced to pose as online lovers.

Similar facilities have been found in Cambodia and Myanmar, estimated to employ as many as 75,000 to 250,000 people, many against their will, and run by organized crime figures, mostly Chinese. They have increasingly been chased out of Cambodia and the border regions between China and Myanmar as Chinese Supreme Leader Xi Jinping, angered by the lawlessness, exploitation, and damage to China’s reputation, has ordered them closed.

In Alice Guo’s case, there is a more disturbing concern. Two of the incorporators of Guo’s company Baofu Land Development, the compound where the Pogo firms were located, are Chinese national Zhang Ruijin, who was convicted in April for money laundering in Singapore, and Lin Baoying, who carries a Dominican passport and is also facing charges in Singapore. Guo is also listed as an incorporator in the company, along with Filipino national Rachel Joan Malonzo Carreon and Cypriot national Zhiyang Huang.

… Guo denied knowing about her partners’ background, telling lawmakers today (May 22) that she had only learned about their criminal records through social media posts by a lawmaker the day before by checking them out on the Internet.

Although Guo was found to have owned half of the land under the POGO, housed in long rows of buildings just behind her office, she told lawmakers she sold the property, which according to videos on local TV contained a grocery, warehouse, swimming pool, and even a wine cellar. As with the property, Guo says she sold her helicopter and Ford Expedition registered under her name long ago. She told lawmakers that she was “not a coddler, not a protector of POGOs.” She hasn’t commented on the spying allegations and has largely avoided media interviews since her appearance at the Senate last week and this week.

Read too Manolo Quezon‘s “What’s Guo-ing on”

For years now I’ve been suggesting that the political interests and thus, activities, of the People’s Republic of China should not be confused with the political and social clout of Pogos who exist in defiance of the Chinese government. The Pogos are, arguably, stronger: Beijing’s requests verging on orders, to Manila, for a crackdown on Pogos never resulted in anything more than cosmetic “busy-busihan” as money talks and Pogos have lavished funds on our upper, middle, and political classes; and since all politics is local, the easygoing spending of Pogos makes them more valuable than presidential patronage or foreign affairs. Investigations so far have been racist in their lazy assumptions and breezy unwillingness to take into account the messy state of the documentation of many Filipinos, the different subgroups among Chinese Filipinos, and differences between Pogos’ and Beijing’s efforts to influence officialdom.

Then again, knowing that China can be quite “devious” (ika nga ni Defense Sec Gibo), it wouldn’t surprise if POGOs turned out to be of a piece with the would-be superpower’s long-term master plan. About time we shut them down.

*

Read also
Aside from Bamban mayor, indict bribes of China spies by Jarius Bondoc
Mayor Alice Guo POGO controversy exposes need for electoral reform by CMFR

NO to BBM’s Maharlika Wealth Fund!

“Honorable Senators of the Republic” by Diwa C. Guinigundo https://www.bworldonline.com/opinion/2023/02/16/505267/honorable-senators-of-the-republic/

“Investing a mountain of debt?” by  Diwa C. Guinigundo https://www.bworldonline.com/opinion/2023/01/12/498061/investing-a-mountain-of-debt/

“In the bag, ho ho ho!” by Manuel L. Quezon III
https://opinion.inquirer.net/159692/in-the-bag-ho-ho-ho

“More critical than Maharlika” by Cielito F. Habito
https://opinion.inquirer.net/159649/more-critical-than-maharlika

“Maharlika is the new government” by Ma. Lourdes Tiquia https://www.manilatimes.net/2022/12/20/opinion/columns/maharlika-is-the-new-government/1870966

“Will Marcos Jr. take up Maharlika Fund at Davos?” by Satur C. Ocampo  https://www.philstar.com/opinion/2022/12/17/2231329/will-marcos-jr-take-maharlika-fund-davos

“Maharlika muddle” by Stephen CuUnjieng https://www.manilatimes.net/2022/12/16/opinion/columns/maharlika-muddle/1870530

“Maharlika foolish, corrupt – critics” by Jarius Bondoc
https://www.philstar.com/opinion/2022/12/14/2230635/maharlika-foolish-corrupt-critics

“ENRILE URGES MARCOS: Review Maharlika bill” https://www.manilatimes.net/2022/12/14/news/review-maharlika-bill/1870127

“Upping the ante by doubling down” by Manuel L. Quezon III
https://opinion.inquirer.net/159500/upping-the-ante-by-doubling-down

“Why the Sovereign Wealth Fund is still problematic on many levels” by Andrew J. Masigan
https://www.philstar.com/opinion/2022/12/14/2230636/why-sovereign-wealth-fund-still-problematic-many-levels

“Decorative” by Alex Magno
https://www.philstar.com/opinion/2022/12/13/2230386/decorative

“Maharlika Wealth Fund: Devil is in the details” by Teresa S. Abesamis
https://www.bworldonline.com/opinion/2022/12/13/492801/maharlika-wealth-fund-devil-is-in-the-details/

“Imploding” by Alex Magno https://www.philstar.com/opinion/2022/12/10/2229774/imploding

“Who Wants the Maharlika Wealth Fund?” by Solita Monsod https://marengwinniemonsod.ph/2022/12/10/maharlika-wealth-fund/

Maharlika Investment Fund ‘beyond repair,’ says Economist & National Scientist  Raul Fabella https://newsinfo.inquirer.net/1703562/mif-beyond-repair-says-natl-scientist-in-economics

Economist Winnie Monsod reacts to Maharlika Fund proposal [“Ridiculous!”] https://www.youtube.com/watch?v=919ww8jbzBk

“Fumble” by Boo Chanco https://www.philstar.com/business/2022/12/09/2229496/fumble

“Maharlika conundrum” by Stephen CuUnjieng https://www.manilatimes.net/2022/12/09/opinion/columns/maharlika-conundrum/1869617

“Death blow for a dumb idea” by Ben Kritz https://www.manilatimes.net/2022/12/08/opinion/columns/death-blow-for-a-dumb-idea/1869481

“Blink thrice if you don’t mean it” by Manuel L. Quezon III https://opinion.inquirer.net/159368/blink-thrice-if-you-dont-mean-it

“Defeat” by Alex Magno https://www.philstar.com/opinion/2022/12/06/2228787/defeat

“Drop the Maharlika fund” by Cielito F. Habito https://opinion.inquirer.net/159331/drop-the-maharlika-fund

“Maharlika Fund idea is incredibly obtuse like, ‘what are we in power for?'” by Yen Makabenta  https://www.manilatimes.net/2022/12/06/opinion/columns/maharlika-fund-idea-is-incredibly-obtuse-like-what-are-we-in-power-for/1869196

“Business groups, economists issue joint statement on ‘Maharlika’” by Ma. Stella F. Arnaldo https://businessmirror.com.ph/2022/12/06/business-groups-economists-issue-joint-statement-on-maharlika/

“Are we ready for a sovereign wealth fund?” by Randy David https://opinion.inquirer.net/159282/are-we-ready-for-a-sovereign-wealth-fund

“Cronies wealth fund?” by Boo Chanco  https://www.philstar.com/business/2022/12/05/2228516/cronies-wealth-fund

“The Maharlika Fund: A Pricey Stud Or A Milking Cow?” by Heneral Lunacy https://heneralunacy.wordpress.com/2022/12/05/the-maharlika-fund-a-pricey-stud-or-a-milking-cow/

“Keep your hands off our SSS, GSIS money” by Jarius Bondoc https://www.philstar.com/opinion/2022/12/02/2227919/keep-your-hands-our-sss-gsis-money

“Maharlika Fund: Dubious, pretentious and self-serving” by Sonny Africa https://www.ibon.org/maharlika-fund-dubious-pretentious-self-serving/

“The Maharlika Wealth Fund” by Filomeno S. Sta. Ana https://www.bworldonline.com/opinion/2022/12/04/490838/the-maharlika-wealth-fund/

“13 reasons why WE OPPOSE House Bill 6398 (Maharlika Investment Fund/PH Sovereign Wealth Fund)” by David Michael San Juan https://www.facebook.com/lastrepublic/posts/pfbid0scC3HnBcZyvpdS1fr7ZP1j1ZH2jyUW1vcYgnBAk6mmUoWnmLC1Pxp4iUcdBfUengl

“Galawang Marcos. Another Corruption Scheme in the Making!” by Ed Lingao https://www.facebook.com/100083035164368/videos/679806213550044/

“More fun(d) in the Phl” by Ana Marie Pamintuan https://www.philstar.com/opinion/2022/12/05/2228532/more-fund-phl

stealing us blind (walang accounting)

HENERAL LUNACY
The line between public service and corruption is mind set.

THE PERFECT HEIST

The grandest heist in our history is happening under our very eyes.

It is the perfect con: It is big, it is simple, it is scaleable, it is recurring, it is unaccountable, it can go unnoticed for years. It is taking candy from a baby.

Every Government has a milking cow. In the Marcos era it was the coconut levy and sugar industry funds, in others it was the privatization of Government controlled corporations, the NFA rice cartel. But all these pale by comparison with the latest scam in terms of size, audacity and disgrace. The new idea is to take food directly from the mouths of the poor.

I am referring to the raid on our health and social institutions. [emphases mine]

The 2020 budget for health and social services is P800 billion. This includes P173 billion for Universal Health Care, P109 billion for Pantawid Pamilyang Pilipino Program (4Ps) and P37  billion for unconditional cash transfers. It totals some P5 trillion over 6 years of an Administration. It is a milking cow on steroids.

And the cow is getting fatter.

Under Bayanihan 1 Government has carved out from other departments an estimated  P400 billion for COVID related expenses. This brings funds under DOH and DSWD control to over one trillion pesos.

And fatter.

Congress under ARISE has passed legislation increasing spending by  P1.3 trillion largely for COVID. If implemented, in the two years leading to the 2022 election total funds under the discretion of the DOH and DSWD could increase to over two trillion pesos.

What does P2,000,000,000,000 look like? It is twelve zeros. It is 10% of our annual GDP. It is P100,000 for every household of five. It is 20 times what 18 million families were supposed to receive from 4Ps but never did. It is the amount of money your children will have to pay, with interest, for the rest of their lives. At P1,00 per vote it is 2 billion votes even if only 30 million are needed.

And fatter.

The public – and of course the politicians – want the DOH budget increased to whatever it takes to fight COVID.  It is politically the most popular fiscal initiative. The only person standing between a deficit tsunami and our fiscal home is DOF Sec. Dominguez for which he is being scoured by the pundits. Sonny knows it is only corrupt Government officials and their cabals who will see any of it. The victims of this standoff, unfortunately, are the poor whose social amelioration funds (SAFs) are now frozen.

The heist takes various forms.

There is the raid on social relief programs, the 4Ps and the unconditional cash transfers which this year reached some P400 billion. The LGUs are responsible for many of the distribution points. Millions of the intended recipients have still to receive the P5,000-8,000 promised them even as the Treasury says it has signed the checks.

Corruption in the social sector is chunky, it happens mainly in calamities. Corruption in the DOH is a regular occurrence, as much as P3 billion a week if you believe the head of the Philippine Anti-Corruption Commission.

Philhealth is the poster child of the malfeasance in the department. It is the Toys R’ Us of corruption.

There is the over pricing in procurement. Network switches that cost P62,000 are purchased for P320,000. Test kits bought at P8,150 were available at a fraction of the price. The President defended his Health Secretary Duque saying the kits were urgently required. The President recently asked this same person to organize the purchase of urgently required vaccines from Russia.

A Philhealth consultant, Thorrsson Keith, recently resigned from Philhealth testifying the agency’s ICT equipment was overpriced by P734 million. He said a “mafia” in Philhealth was involved in P15 billion of fraud over the years.

There is the padding for health care services. Stories of claims for unnecessary procedures for dialysis and ophthalmology amounting to P154 billion have been going around the medical community for years and continue unabated.

There are the thousands of ghost patients. Some 5,000 Philhealth members, average age 130, reportedly still claim benefits.

Sen. Ping Lacson reported that millions of funds earmarked for COVID patients have been diverted to “maternity and dialysis centers”.

Sen. Zubiri disclosed a 10 bed hospital in Davao has  been receiving P18 million yearly for God knows what.

There are the non-COVID deaths being passed as COVID so hospitals in collusion with Philhealth can hike their claims.

The Philhealth website cites its core values as integrity, innovation, service, and care. It does not mention lies, shame and corruption.

Philhealth is chaired by DOH Sec. Francisco Duque (yes him again) with Brig. Gen. Ricardo Morales as CEO and Annel de Jesus as COO. The latter two were subpoenaed by the Senate to testify over the anomalies but their medical conditions suddenly prevent them from doing so. It is the medical equivalent of taking the Fifth Amendment against self incrimination.

In the Philhealth 2018 annual report, its latest, Morales proudly wrote “he introduced  reforms to safeguard Philhealth funds against abusive policies. Philhealth remained to be the most trusted agency in the country based on multiple citations and independent surveys conducted during the year”. I hate to think what the other agencies look like.

In 2018 Philhealth had a capital of P97 billion, paid claims of P121 billion with P49 billion pending. It did not disclose how much of the P170 billion in claims was real and how many imaginary. Philhealth received contributions of P132.5 billion from the hard earned money of its 53.8 million members. Now they are told the agency could go bankrupt by 2022.

There has never been a cookie jar in our history so large and so ready for the pickings. So now you know why the head of the DOH is so critical.

Philhealth is the mother of all scams, bigger than anything in Customs, the BIR or the so called anomalies in our water concessions; yet it never made it to the presidential SONA. It is a cess pool, a personal and possibly political slush fund masquerading as universal health care. It is a vulture feeding on the carcass of the weak and the poor. And nobody is accountable.

Fifty five lowly Barangay captains have been put on “preventive suspension” for suspected malversation of millions of SAF pesos while 5,526 addicts were officially gunned down for a few ounces of shabu. It does not pay to be poor in this country.

The President announced he will “run amok at the whiff of corruption” in any Government office. Surely billions of pesos in over-pricing, padded claims and stolen cash must qualify as a whiff if not a smoke or a fire. It is economic sabotage of the highest order. It should be termed as terrorism punishable without warrant or bail under the Anti-Terror bill.

If nothing should come of the announced investigations, the raid on our social and health coffers will indeed be the perfect heist.