Saturday, January 22, 2011

The Truth behind the Truth Commission: Executive Order No.1 in Jeopardy

The Truth behind the Truth Commission: Executive Order No.1 in Jeopardy
An Extended Opinion Solicitation Discussion Group on the Executive Order No.1 of the Aquino Administration
January 14, 2011 4:00PM Palma Hall
Facilitator: George Douglas Siton and Ma. Katrina Enriquez

Objectives:
1. To discuss the salient points of Executive Order No.1 – its tasks and goals;
2. To analyze the advantages, disadvantages, and the legality of this program according to SC;
3. To gather insights regarding the proposition

Definition of Terms:
A. Truth Commission
• tasked to investigate reports of graft and corruption “of such scale and magnitude that shock and offend the moral and ethical sensibilities of the people” during the previous administration
• headed by Chief Justice Hilario Davide Jr. together

Reasons for the Creation of EO No.1:
A. Counter Corruption
• In 2008, Philippines was ranked as the most corrupt Nation in Asia

B. Restore People’s Trust
• The flunk ratings of Arroyo during her term served as indicators to the “mistrust”

C. Put Closure to Hanging Cases
D. President’s “Battle Cry” during the Campaign

E. Need for a separate body

F. Book III Chap. 10, Section 31 of EO 292
• Revised Administrative Code of the Philippines which gives him, according to the executive order, the right to make this order.

Goals of the Commission:
A. According to the Executive Order No. 1
• “hall primarily seek and find the truth on, and toward this end, investigate reports of graft and corruption of such scale and magnitude that shock and offend the moral and ethical sensibilities of the people, committed by public officers and employees, their co-principals, accomplices and accessories from the private sector, if any, during the previous administration; and thereafter recommend the appropriate action or measure to be taken thereon to ensure that the full measure of justice shall be served without fear or favor.”

B. Investigate and fight against graft and corruption, and unresolved cases during previous administration


Advantages:
A. Investigation of the cases within two years, up to December 31, 2012

B. Aquino’s utmost form to get public attention with his platform on fighting against corruption
C. Decision as to which cases are to be investigated (unresolved)
• NBN-ZTE deal
• P 728-million fertilizer fund scam
• C-5 road controversy
• “Hello Garci” election scandal

Disadvantages:
A. Constitutional and legal flaws

B. Only the congress has the power to form such group like the Truth Commission
C. Similar task to PCGG “Presidential Commission on Good Government”

Legal Problems according to SC:
A. Unconstitutional (votes: 10-5)
• Violates equal protection clause
• No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws

B. Singling out Arroyo Administration

C. Overlapping powers of Ombudsman and Supreme Court.


New EO:
• According to Justice Secretary Leila De Lima, the government shall make another EO that answers the objections of the SC

Economic Take:
A. Unclear Costs and Benefits
• Costs of this commission doesn’t only concern the monetary expenditure, but also the opportunity cost.

B. Inefficiency
• The Office of the Ombudsman has the same tasks
• Alternatives such as the Freedom of Information Bill should have been given more importance instead.

Guide Questions:

1. With 1 as the lowest and 5 as the highest, how would you rate the importance of Executive Order No.1? Why?

2. Do you think the president should have considered other options rather than the truth commission? What is it?

References:
1. Websites:
• http://www.pinoygigs.com/blog/2010/03/philippines-ranked-4th-in-the-most-corrupt-nation-in-asia-pacific/
• http://www.philstar.com/Article.aspx?articleId=644768&publicationSubCategoryId=63
• http://www.abs-cbnnews.com/nation/12/07/10/sc-rules-truth-commission-unconstitutional
• http://www.gmanews.tv/story/207710/high-court-declares-truth-commission-unconstitutional
• http://www.youtube.com/watch?v=CYU1tmnePpI&feature=related
• http://verafiles.org/main/news/aquino-creates-truth-commission/

2. News Articles:
• http://www.abs-cbnnews.com/-depth/12/08/10/truth-commission-pros-and-cons
• http://jurist.org/paperchase/2010/07/philippines-president-creates-truth-commission-to-probe-rights-abuses.php
• http://www.philstar.com/Article.aspx?articleId=637034&publicationSubCategoryId=63
• http://www.mb.com.ph/articles/291421/sc-declares-truth-commission-unconstitutional

3. Documents:
• Executive Order No. 1: Creating the Philippine Truth Commission of 2010 from www.ops.gov.ph

4. Video Clips:
• http://www.youtube.com/watch?v=CYU1tmnePpI
• http://www.youtube.com/watch?v=iqeSmKAI0Tc

Monday, December 6, 2010

Deeper Into the Cut: National Budget on Education in Focus

Deeper Into the Cut: National Budget on Education in Focus

A Stand Making Discussion Group on the Issues Concerning the National Budget for Education in the Philippines

December 3, 2010 4:30PM UP ETC Tambayan

Facilitator: Hazell Mae Roxas

Objectives:

1. To present facts regarding the national budget on education, particularly in SUC’s and in U.P.

2. To look into different viewpoints on the said issue

3. To solicit opinions regarding the said issue

Definition of Terms:

A. General Appropriations Act

  • “shall be presented in the form of budgetary programs and projects for each agency of the government”

B. Article XIV Section 5

  • “The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.”

C. Conditional Veto

  • “It is defined as a veto in which the President objects to parts of a Bill and proposes amendments and conditions to make it acceptable.”

D. Conditional Cash Transfer

  • “a program that distributes money to its beneficiaries in exchange of certain commitments”

Top Recipient of Budget Allocation:

  • Since 2008, the DepEd and SUC were among the Top 10 Recepient of the Highest Budget Allocation along with other departments and agencies of the government such as the DPWH, DND, DA, DILG, DTC, DOH and the like

Facts Regarding the Budget on Education:

  • The budget is separated from that of the SUC
  • Receives the highest allocation
  • Increased from Php 193B in 2009, Php 161B in 2010, to Php 192B in the 2011 Proposed Budget

Facts on SUC Budget

  • SUC Budget has been decreasing since 2010. From the budget of Php 23.9B in 2009, Php 23.8 in 2010, to Php 23.4B in the 2011 Proposed Budget

Facts on UP Budget

  • Receives the most budget out of all the SUC in the Philippines
  • In nominal terms, the Total UP Budget has decreased in 2010 (from Php 8.2B in 2009) and now decreased by Php1.4B in the 2011 budget proposal (from Php6.9B in 2010)
  • However, these decreases have been brought about by the evident loss in capital outlay (ie. Buildings)
  • The MOOE of the university has decreased from Php 960M in 2009, Php 1.3B in 2010 to Php 653M in the 2011 Budget Proposal
  • The PS of the university increased from Php 4B in 2009, Php 4.2B in 2010 to Php 4.8B in the 2011 Budget Proposal
  • The CO of the university decreased from Php 2B in 2009, Php1.2B in 2010 to zero in the 2011 Budget Proposal
  • The estimated budget of the administration for UP is Php 18B

Defenses:

A. P-Noy

  • Prioritizing of the Basic Education
  • Proposed Budget for the Whole Education Sector actually increased
  • Proposed Budget for 2011 is actually higher for the SUC
  • CCT are meant to aide those people who are in the brink of “drowning”

B. Sen. Sotto

  • Sufficient Funds for SUC

C. Sen. Drilon

  • Insertions brought “speculations” of Budget Cut
  • No Budget Cut in reality

Criticisms:

A. Kabataan Partylist

  • Cuts in Capital Outlay
  • Inflation actually offsets the Nominal increase in the SUC Budget
  • Tuition and Other Fee Increases from the encouragement of the Government for a Self-Sufficient and Financially Independent University
  • Salary Standardization Law removes Aquino’s right to gain credit for the nominal increase
  • “Real Priorities” of the Government are “petty” such as CCT, Pork Barrel, Debt Servicing, National Defense and the like

B. Sen. Cayetano

  • No “Real” Increase
  • Support for Student Activist

C. UC Statement

  • Support for the Students and Other Sectors fighting for an increase in the UP Budget
  • Long-Term Budget instead of Annual

Guide Question:

1. Do you think that tertiary education is a right or a privilege? Why?

References:

1. Websites:

2. Documents:

  • 1987 Philippine Constitution
  • Summary of Obligations and Proposed Appropriations, by Department/Agency/Fund, CY 2009 – 2011
  • 2011 NEP, Department of Budget and Management
  • 2009 and 2010 GAA, Department of Budget and management

Tuesday, November 23, 2010

K+12: A Giant Leap or a Future Disappointment?

K+12: A Giant Leap or a Future Disappointment?

An Opinion Solicitation Discussion Group on the Proposition of a Two-Year Extension of Basic Education

November 23, 2010 4:00PM UP ETC Tambayan

Facilitator: Erwin Osorio

Objectives:

1. To familiarize self about the contents of the K+12 Program

2. To analyze the advantages and disadvantages of this program

3. To gather insights regarding the proposition

Definition of Terms:

A. K+12

means Kindergarten and the 12 years of elementary and secondary education

B. Basic Education

refers to the primary, secondary and tertiary stages of education (Batas Pambansa Blg. 232)

Reasons behind the K+12 Program:

A. Urgency for the Philippines

Alignment of Basic Education to International Practice

B. Test Results

69.21% passing rate in SY 2009-2010 during the NAT

23rd out of 25 countries in TIMSS

C. Congested Curriculum

Designed for 12 years, but delivered for 10 years

D. Unemployment Rate

70.9% is composed of High School Graduates

E. Disadvantage for OFW’s

Recognition of foreign countries

F. Studies Regarding the Basic Education Curriculum

Recommends to extend the basic education

Goals of the K+12 Program:

A. Functional Basic Education

Internationally Recognized Curriculum

B. Produce Competent, Productive and Responsible Citizens

Change Public Perception of Basic Education

Model of the K+12 Program:

A. K-6-4-2 Model

Involves Kindergarten, six years of elementary education, four years of junior high school, and two years of senior high school

It shall be provided by government for free through public schools

Phased Implementation

Senior High School curriculum shall offer electives

Action Steps:

A. Creation of a Task Force

Chaired by the DepEd

It shall refine and detail the K+12 Model

B. Stakeholder Consultation

Regional Consultations leading to a National Summit on Enhanced Basic Education

C. Financial Study

Financial Implications of the K+12 Program

D. Curriculum Review and Enhancement

Development, validation, and nationwide implementation of the Enhanced Basic Education Curriculum for Grade I and HS I by SY 2011-2012

E. Teacher Training

The training teachers using the Enhanced Basic Education Curriculum

F. Legislation

Shall be worked upon by DepEd

G. K+12 Information, Education, and Communication

Stakeholders shall be consulted

Massive Public Information Scheme

Arguments (PROS)

A. Decongested Academic Workload

Gives students more time for mastering competencies and skills

B. Skills Relevant to the Job Market

To meet the fast-changing demands of society

C. Preparation for Higher Education

Mastery of core subjects

D. Higher Wage for Graduates

Correlation between educational attainment and wage structure

E. International Recognition

Graduates would be recognized abroad

F. Economic Growth in the Long-Run

Based on studies abroad that shows a 2% increase in GDP through improvements in the quality of education

Arguments (CONS)

A. Worse Job Scarcity

High School graduates will be competing with college graduates for jobs

B. Lower College Enrolees

High school graduates will find it hard to quit jobs

C. Competitiveness not guaranteed

Not necessarily makes one’s position attractive to foreign employers

D. Negative Multiplier Effect

More drop-outs, more poor Filipino families, more ugly scenario

E. Cost Conditions

Would add up to the already meager budget of education

F. College Problems

Colleges and universities would have to make do without freshmen for two years

Guide Questions:

1. In your own way, how would you describe the K+12 Program?

2. Are you in favor of implementing this program in the Philippines? Why?

References:

1. Websites:

http://www.lawphil.net/statutes/bataspam/bp1982/bp_232_1982.htm

http://www.manilatimes.net/index.php/top-stories/28167-enhanced-k12-unveiled

http://www.philstar.com/Article.aspx?articleId=620727&publicationSubCategoryId=44

2. Documents:

Discussion Paper on the Enhanced K+12 Basic Education Program by the Department of Education

Sunday, August 1, 2010

Point by Point: Scrutinizing P-Noy's SONA

Point by Point: Scrutinizing P-Noy's SONA

An Information Dissemination and Opinion Solicitation Discussion Group on the First State of the Nation Address of the Aquino Administration

July 30, 2010 4:00PM UP ETC Tambayan

Facilitator: Arjay Mercado

Objectives:

1. To point out the different issues raised by P-Noy's SONA

2. To analyze each point mentioned in the speech

3. To gather insights regarding the SONA

Definition of Terms:

A. Philippine Constitution of 1987 Article VII Sec. 23

  • The president shall address the congress at the opening of its regular session. He may also appear before it at any other time

B. State of the Nation Address

  • an annual event in which the President reports on the status of the nation, to the resumption of a joint congress

P-Noy's Criticisms:

A. Budget Deficit

  • Php 197.6B deficit
  • 6.5% of 2010 Budget Left
  • 1% of budget per month left

B. Calamity Fund

  • Php 2B calamity fund
  • 70% was used
  • Php 108M in Pampanga
  • Php 5M in Pangasinan

C. MWSS

  • Php 51.4M Payroll excluding Php 211.5M worth of benefits and allowances
  • Only 24% is normal wage
  • Php 2.5M per board member

D. Infrastructures

  • Only 28 out of 246 priority safety projects
  • 72 projects which were not part of the plan were made
  • Php 480M spent (Php 425M in the original plan)

E. Rice Crisis

  • Too much rice bought for the year 2004 and 2008
  • Spoiled Rice due to excessive rice
  • Resulted to Php 171.6B debt of NFA

F. Midnight Appointees

  • Pertained to the people who built houses near the La Mesa Watershed

G. Energy Crisis

  • NAPOCOR sold electricity for a much lower price
  • Debts of NAPOCOR increased
  • Government was forced to pay its debt of Php 200B
  • Resulted to lower supply of electricity

H. MRT Operations

  • Lower transportation fee
  • Operators Failure
  • Bought by Land Bank and Development Bank of the Philippines

P-Noy's Proposed Solutions:

A. Zero-Based Approach

  • No capital, but will result to income for the government

B. Law Enforcement

  • Case filed against a pawnshop earner who didn't pay taxes
  • Case of extralegal killings

C. Truth Commission

  • Headed by Chief Justice Hilario Davide
  • First Executive Order that Aquino would sign

D. Public-Private Partnerships

  • Expressway traveling Manila, Bulacan, Nueva Ecija, Nueva Vizcaya, upto Cagayan Valley
  • Rental of Navy Headquarters in Roxas Boulevard and Naval Station in Fort Bonifacio

E. Employment

  • Build-Operate-Transfer
  • Faster Registration for companies
  • Easier Registration = More Job Opportunities
  • Call to LGU’s

F. Education

  • Widening of Basic Education Cycle
  • Government Assistance to Students and Teachers in Private Education (GASTPE)
  • Conditional Cash Transfer

G. PhilHealth

  • National Household Targeting System

H. Competent Cabinet

  • League of Cities and League of Provinces
  • Efficient Cabinet Members

I. Appeal to the Congress

  • LEDAC
  • Fiscal Responsibility Bill
  • Procurement Law
  • Anti-Trust Law
  • National Land Use Bill
  • National Defense Act
  • Whistleblower’s Bill

J. Peace and Order

  • Peace Talk with MILF headed by Dean Marvic Leonen
  • Anti-Violence

Defenses:

A. Figures

  • Wrong according to Minority Leader Lagman
  • Energy Price Reduction is for the people
  • Pampanga’s budget is legal
  • MWSS Issue

B. Energy Crisis

  • For people’s sake

C. Pampanga Issue

  • Legal
  • Went through a process

D. MWSS Issue

  • Removal of some officials in the Board of Trustees
  • Investigations already started during Arroyo’s administration

E. Truth Commission

· Unfair

F. Rice Crisis

· World Food Crisis of 2007

Criticisms:

A. Counter-SONA

  • Minority Leader Lagman
  • Bureau of Treasury
  • Misleading facts about Pampanga and Pangasinan
  • EPIRA Law
  • Rice Assumption is Wrong

B. Missed Points

· Sustainable Human Development

· Reproductive Health Bill

· Agrarian Reform Program

· Condition of Workers here and Abroad

· Climate Change Mitigation and Adaptation

· Freedom of Information Bill

· Foreign Relations

C. Feasibility of Laws Presented

  • Immediate Need
  • Incentives Confusion
  • Unclear

Guide Questions:

1. What part of the SONA did you like the most?

2. What part of the SONA do you find questionable?

3. How would you describe the SONA?

References:

1. Books:

  • 1987 Philippine Constitution

2. Websites:

  • http://www.quezon.ph/2006/07/19/the-explainer-sona-sources/
  • http://www.scribd.com/doc/34867070/2010-SONA-President-Benigno-S-Aquino-III
  • http://www.abs-cbnnews.com/nation/07/26/10/arroyo-camp-belies-aquinos-charges
  • http://www.abs-cbnnews.com/insights/07/27/10/sound-and-fury-president-aquinos-sona

3. News Articles:

  • “Arroyo ally hits SONA”, Salaverria, Leila, Philippines Daily Inquirer, July 28, 2010