Friday, March 9, 2012

IF THIS INFORMATION OF SOLITA MONSOD WHICH I KNOW MYSELF HAS BEEN DECLARED BY PRIVATE PERSON GUS LAGMAN THE COMELEC DECIDED ON RELATED TO THE ARMM ELECTIONS BEFORE HE WAS APPOINTED TO THE COMELEC, WHY NOT DIG DEEPER AND IF WITH BASIS, WHY NOT FILE IMPEACHMENT COMPLAINT AGAINST THE ERRING COMELEC COMMISSIONERS???


Puzzles for the uninitiated

By: 
It must be puzzling to the uninitiated that despite its documented poor performance in the 2010 elections and the resulting complaints against it by those advocating clean, honest elections, etc., Smartmatic remains the Commission on Elections’ choice (with Commissioner Gus Lagman being the sole dissenter) as technologypartner/provider in its election activities.
It must be equally puzzling to the uninitiated that despite the fact that Gus Lagman is the only member of the Comelec who has IT expertise, not to mention long experience and commitment in keeping elections clean and honest, his suggestions and recommendations keep getting shunted aside.
Only consider:
Smartmatic’s performance in the 2010 elections has been criticized by many. Start with the report of the House committee on suffrage, of which its then chair, Rep. Teddy Locsin, recommended a return to manual processes unless the shortcomings of the automated system were plugged (they haven’t been). Then there is most of the IT community—e.g., the Philippine Computer Society—which went as far as filing criminal and administrative cases against the Comelec, Smartmatic et al. with the Office of the Ombudsman (no response).
Add to that civil society organizations like Namfrel, Lente and CenPeg, and concerned individuals (e.g., my husband, former Comelec Chair Christian Monsod, who delivered what was generally considered an excellent Jaime Ongpin Memorial Lecture on the topic). Even the Comelec Advisory Council (CAC) was critical—and recommended that Smartmatic be penalized for its shortcomings and that its Precinct Count Optical Scan (PCOS) machines not be purchased.
The only organization which continues to think that Smartmatic did a good job is the PPCRV (Parish Pastoral Council for Responsible Voting), whose performance regarding the Random Manual Audit was markedly less than stellar.
The irony is that Smartmatic’s defense has always been that it was only following the Comelec’s orders, thus laying full blame on the poll body (with nary an objection from the latter). Which, in the literal sense, is true, because the Comelec is in charge of elections. Except that it was clear to everyone that the Comelec, with very little in-house capability/expertise on automation, leaned heavily on Smartmatic’s advice, and was markedly partial to it.
An exaggeration? Judge for yourself: Over and above the PCOS contract, which cost about P7.2  billion, Smartmatic was awarded another—this time negotiated—contract (possibly others) for P1.1 billion consisting of P376 million to supply ballot boxes and P700 million for the deployment of ballot boxes and official ballots. Had there been bidding, Smartmatic would not have qualified, having had no experience in these tasks.
What’s wrong with P1.1 billion? Compare this with the cost incurred by the Comelec for deploying ballot boxes and official ballots in the barangay elections five months later: around P200 million. Why should it cost so much more when done by Smartmatic (which just turned around and subcontracted them) than when done by the Comelec? Even more basic, why was it given to Smartmatic at all?  The reason given—pressure of time—doesn’t fly. It is unbelievable that the Comelec would have forgotten, until the last two minutes, that ballot boxes had to be ordered and deployed.
The reader may point out that one swallow does not a summer make. How about this? Despite those charges and recommendations against Smartmatic, the Comelec—not the Melo Comelec, but the Brillantes Comelec—still decided that it would use Smartmatic and its PCOS machines for the then upcoming ARMM elections in 2011, for P880 million—P130 million for the purchase of 4,000 PCOS machines and P750 million for “technology-related services.”
This is the situation that Gus Lagman found when he joined the Comelec as commissioner. Gus, an IT expert who headed Namfrel Quick Count since its inception, was horrified, probably not only because Smartmatic was still going to be involved in elections after its many booboos, but also because it was getting a contract at very favorable expenditure ratios: With about 1 million voters, the Comelec would be paying Smartmatic about P880 for every voter in the ARMM. That is six times what the Comelec paid Smartmatic (P7.2 billion for 50 million voters) for similar services in 2010.
Naturally, Gus, now the resident Comelec IT expert, opposed it—but he lost by a vote of 6-1 (there are seven Comelec commissioners). It may have been a blessing in disguise that the ARMM elections were postponed.
That was the first defeat Gus suffered in the Comelec. Another was the Consolidation and Canvassing System (CCS), which had been outsourced to the vendor for the 2008 ARMM elections and the 2010 automated elections.  Gus asked the Comelec’s IT department if they could develop their own CCS, and the answer was an emphatic yes.
The project was completed on time, for P1 million. How much did Smartmatic charge for its CCS? P58 million. One would have thought that the in-house project would have been accepted with open arms. And one would have been wrong. Ironically, the PPCRV representative in the CAC (former Commissioner Gregorio Larrazabal, who worked hand in glove with Smartmatic) posed strong objections, saying that the technology was untried (a ridiculous comment, because the technology is nothing but laptops, PCs, servers and standard communication facilities). And again, apparently, Gus’ colleagues turned Gus’ project down.
Puzzles for the uninitiated. But to those in the know, the situation is crystal-clear.

HOW DO WE STOP THE CULTURE OF CORRUPTION IN OUR JUSTICE SYSTEM MEANING AMONG OUR JUDGES, PROSECUTORS, LAWYERS AND YES, LITIGANTS????

The Chief Justice is going around town having himself interviewed but no amount of propaganda will cover up the truth. 


The prosecution tried its best to uncover the truth. The ones who are covering it up are the Justices of the Supreme Court and it is very unfortunate!! Hopefully Corona will fulfill his word that he will appear as a witness and allow the Impeachment Court to look at his peso and dollar accounts. It is wrong for him to say that only his retirement benefits that will be at stake if he loses. 


This must be the compelling reason why he should appear at the Impeachment Court in order to defend himself. Once he is convicted, charges may now be filed against him in regular courts. The prosecution was right in not pursuing the other complaints against him because as it stands. 


if Corona will not be convicted by the Senators on his SALN, it means no amount of complaints will convict him!!


In this connection I would like to share with you an article of a writer whom I do not agree with on a very important issue specifically the RH issue but on his declaration that corruption in the judiciary is prevalent, I FULLY AGREE WITH HIM. 


Thus, in recognition of his works, I am reprinting his article, very simply written but very factual, to wit;


http://opinion.inquirer.net/24525/how-many-dirty-judges-justices-and-lawyers-are-there 



How many dirty judges, justices and lawyers are there?

By: 


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It is jolting to reflect on the corruption of the Judiciary even though it can be everyday man’s assumption that our justice system sucks. The poor have long experienced a different kind of justice for them and a far friendlier one for the rich. That is nothing new and has been a powerful issue used by the rebellion to recruit partisans. But corruption is not about a rich-versus-poor scenario, it is the corrupt for themselves against everybody.
From the onset, I had welcomed the impeachment trial of Chief Justice Rene Corona. I have less interest in Rene Corona the person and much, much more for Rene Corona as the personification of both the Supreme Court and the Judiciary. It has been a keen interest of mine to have the public eye focused deliberately to the corruption of the Judiciary because it is the worst kind of corruption. And if others, especially the Judiciary and the legal profession would like to make a counter claim and deny the shameful level of corruption in their area of responsibility, they may wish to look at how the Philippines can be considered a corrupt country with one crucial branch not blackened as well.
For over thirty years, when I am in the company of lawyers, socially or professionally, corruption in the Judiciary and the legal profession has been a given. It used to be that corporations would have legal retainers on the basis of the relationships of owners of senior management and lawyers or law firms. But it began to expand a little when corporations would retain law firms with good connections to judges and justices. The imbalance of the Judiciary in dispensing justice warped even more when it went beyond the traditional difference between justice for the rich and justice for the poor to justice that can be bought.
Lawyers and/or law firms with good connections mean good connections with judges and justices. It means that decisions can be unduly influenced by relationships, for favors and for money. It means that judges and justices can be for sale. With judges and justices selling their decisions, there can only be corruption in the Judiciary.
The last discussion I had with a youngish lawyer in his 40′s produced the same information as has been mentioned in the last forty years. He said it is almost impossible for lawyers or law firms not to know a dirty judge or justice, and that many of them allow themselves to be used to corrupt those judges and justices in the interest of their clients. After all, clients who can afford want insurance far and beyond the merits of their cases. Why else are they looking for lawyers and law firms with friendly ties to judges and justices.
This young lawyer said that lawyers like him who have not established themselves are not in a position to risk their careers by exposing dirty judges and justices. He said there is a government agency under the Judiciary which accepts complaints against wrongdoing by judges and justices. However, he would never go there because complaints are leaked and the fate of the lawyer complainant is sealed – no more future in his profession. He did say that some very well established law firms had more leeway and courage to make complaints but they hardly do. Most prefer to keep things quiet and enjoy their advantage over smaller and newer law firms.
It was absolutely comical how many lawyers and law firms went to the defense of a Chief Justice accused of betraying the public’s trust. Corruption and protecting a former president anticipating plunder cases against her. It was as though they were fighting for their king – and they most probably think so. After all, Corona and his lieutenants act as if he were the Supreme Court, as though accusations against his character and behaviour are also attacks against the Judiciary.
Yet, the stained reputation of the Judiciary and its deteriorated credibility does not seem to upset them at all. They have been acting as though they are all in one clean branch of government and that the President of a dirty executive Branch and members of a dirty Congress had no right to think of their Chief Justice as unfit. They do not even begin to wonder if there are more dirty justices, judges and lawyers than dirty policemen by percentage.
The President was voted in on a platform of change, and change in a very specific field – corruption. The President is trying to live up to his promise and mandate. He needs the Judiciary to clean up. Without the Judiciary, the President only has one option for reform – a revolutionary government. What the President starts has to end with the Judiciary, has to end with justice being dispensed with firmness in a society long wracked by corruption.
Instead, Chief Justice Rene Corona and the majority of the Supreme Court have been the biggest and worst impediments for PNoy’s reform-focused government. It does not make it easier for the President to push a reform agenda by going after the Chief Justice, but a Chief Justice sneaked into his position around midnight forces a confrontation. The two of them cannot co-exist in harmony unless both agree to the cleansing of government.
The impeachment trial is not about Corona, it is about corruption in the judiciary. I understand, therefore, why the Corona cohorts in the Supreme Court who gave him a technical opening to be appointed in the dead of night have to protect him, and one another. I understand why judges and court employees have to defend one of their own as though they are defending their way of life. I under why many lawyers and law firms are totally uncomfortable with a President challenging corruption in the Judiciary. After all, when judges and justices do business with litigants, the lawyers are the usual go-between, the negotiators, the couriers of cash or favors.
It is not easy to beat the system, even if that system is a cancer that gnaw at the soul and nobility of the Filipino people. If we are afraid to confront the cancer, we can at least ask, “How many dirty justices, judges and lawyers are there?”

Thursday, March 8, 2012

Protect your DNA | PHILIP S. CHUA M.D FACS, FPCS

Protect your DNA | PHILIP S. CHUA M.D FACS, FPCS


IN the new pre-emptive health book, Let’s Stop "Killing" Our Children, which was just released at amazon.com, bn.com, and philipSchua.com, I pointed out that protecting the DNA of children, starting from the womb and in the crib would help them ward off common debilitating diseases, like high blood pressure, arthritis, diabetes, heart disease, stroke, and even cancer, when they reach middle age and older.
In this 800-page coffee-table healthy lifestyle manual, I am advocating disease prevention starting from the cellular level and suggest that our current conventional strategy of battling illnesses today, which starts during teen age and middle age years, is a bit late. Autopsy findings on children, ages 4, 5, 6, who succumbed to accidents, have shown that at that tender age, they already had arteriosclerosis (hardening of the arteries), which should normally be found only among old people. Obviously, their DNA had been damaged years early on.
Starting from ‘ground zero’
As suggested in the book, we must be pro-active and pre-emptive and join the race at at the starting line, and not in the middle as society is doing today, the very reason why we are lagging behind diseases in the race for health and well-being. Diseases are way ahead of us, winning, and causing epidemics of obesity, diabetes, and cancers. All because we are starting the race in the middle. The race does not start in the middle!
Damaging the integrity of the DNA with unhealthy milk from corn/soy-fed cows, among babies and young children, and feeding them saturated fat and cholesterol-loaded red meats, egg yolks and other dairy products, and processed meats, severely increases their risk of developing those diseases listed above and a shortened longevity.
Slow down aging
The ends of our chromosomes, named telomeres, become shorter as we grow older. The shorter the telomeres, the more prone we are to develop diseases. The old thinking that we could not do anything about this "natural process" has been found by new scientific studies to be inaccurate. With healthy lifestyle and positive behavioral changes, we can increase the length of the telomeres. This includes healthful diet and exercise, which have been shown to protect the telomeres, and actually slow down aging at the cellular level.
Pre-emptive strategies
On top of starting healthy lifestyle in the womb and dieting beginning in the crib, here are some pro-active strategies we can do to maintain health and well-being and maximize longevity.
1. Diet of fish, a generous amount of vegetables, whole grains, nuts, soy beans, some fruits, preferably with moderation in sodium (salt) intake, without red meat, egg yolks, other high cholesterol foods, and processed foods. This diet significantly reduces the onset of metabolic syndrome (a combo of high blood pressure, high blood sugar, obesity, and other risk factors that lead to diabetes and cardiovascular illnesses.
2. Drinking a glass of water before each meal and pushing ourselves away from the dining table less than full.
3. Daily physical exercises, even moderated or brisk walking. Medical literature shows that those who do regular physical exercises live longer.
4. Maintaining normal weight. If needed, reduce by controlling calorie intake and exercising, instead of using weight control pills or beverages, which are dangerous, fatal in some reported cases.
5. Take a nap, even for 30 minutes in the afternoon. Regular nappers have been shown to have 37 percent lesser risk of dying from heart disease, compared to occasional or non-nappers. This "mini-recharging" moment also reduces the stress hormones that contribute to cardiovascular diseases.
6. Discipline, attention to details, persistence, conscientiousness, positive attitude, and having a purposeful life (maintaining a sense of purpose) and optimism are very healthy traits that promote well-being and longevity. Ability to control personal behavior at home, at work, and everywhere, for general safety, also helps in the preservation of life.
7. Having a good family life, making and having friends, and having an enjoyable social life, all promote well-being and improve longevity. Getting married for those who were ready has been found to improve health and well-being. Those who are divorced or widowed have lower death rate compared to those who never married.
8. Quitting cigarettes increases life span by at least 9 years among those who are 40 years old, and even longer for those who quit at earlier ages.
9. Red wine consumption, a glass or two with lunch and/or dinner is healthy for the cardiovascular system. Alcohol abuse, however, is something else. It destroys the personality, character, reputation, and health of the abuser, and damages family life and friendship.
10. Associate with people who are health-aware, because medical studies reveal that the habit of eating unhealthy diet and drinks, obesity, sedentary lifestyle, and other behaviors are "contagious." The risk of being "infected" is almost 60%. While smoking friends have a negative impact, friends who quit smoking can also positively "infect" friends to likewise quit.
11. Sleeping for at least 5 hours a day for adults, at least 8 for children, boosts the immune system and keeps the brain alert. It also lowers the risk of premature deaths. Daily brain calisthenics with mentally challenging puzzles or activities is exercise for the brain cells which strengthens brain and reduces the risk for Alzheimer’s.
12. Managing stress with a weekly or monthly "break" for de-stressing, relaxation and rest, and longer vacation(s) each year, are vital components to a healthy lifestyle. Yoga, meditation, communing and appreciating mother nature and the outdoors in general contribute to well-being and serenity.
13. Being spiritual has also been shown by medical research to improve health and longevity. Included here is the ability to forgive. Those who have forgiven have closure, a heavy load lifted off their chest, serenity, and inner peace. All this leads to reducing anxiety, anger, insomnia, and results in lower blood pressure and ability to sleep better.
Almost all diseases known to man are self-induced or self-inflicted, and are, therefore, preventable. Somehow, unwittingly, many of us have programmed ourselves in the self-destruct and slow-suicide mode. This passive surrender to the "whatever-will-be-will-be" attitude is defeatist and against the law of nature.
Our future, as far as health and longevity and all other facets in life are concerned, are realistically within our control to a great extent. Even the ability to protect our DNA. All we have to do is to open our mind, and realize and accept that natural fact. After all, our life actually depends on it.
***

Concealing dollars is money laundering | AMADO P. MACASAET

Concealing dollars is money laundering | AMADO P. MACASAET

I FIND THIS ARTICLE VERY PRACTICAL AND SO I WANT TO PRESERVE IT IN MY BLOG FOR OTHERS TO READ IF THEY WANT


CHIEF Justice Renato C. Corona charges the Philippine Savings Bank with leaking his dollar accounts as early as September last year.
The charge is stupid.
He publicly accused the bank of leaking his peso and dollar accounts, an imputation of a crime that could very well be interpreted as having severely damaged the reputation of PSBank.
It is for this reason that the bank may consider the withdrawal of a petition for a TRO. Instead, the bank should release to the impeachment court all the records of deposits of the Head Magistrate. The impeached magistrate should know that all banks and financial institutions are examined periodically by the Bangko Sentral.
In every examination trip, the BSP is accompanied by a member of the Anti-Money Laundering Council whose eyes are trained solely on undeclared deposits of foreign currencies.
It is not correct for Mr. Corona to say that it was the PSB which leaked the details of the dollar accounts. Leaked to whom, he did not say. The fact is the $700,000 account turned up during a regular examination.
The dollar deposit was not leaked. It was discovered by the BSP and the AMLA in the course of routine examination of all financial institutions.
The Anti-Money Laundering Council has a duty to determine the source of the dollars so that after close examination the council may make the conclusion on whether or not the money is laundered. If the council believes the funds are laundered it goes to court to prove its case and forfeits the amount if it gets a favorable ruling.
It is now the duty of the Anti-Money Laundering Council and the Bangko Sentral to turn over the dollar deposit records to the Office of the Ombudsman who shall determine whether information should be filed with the Sandiganbayan.
The AMLA works very quietly. It has been reasonably successful in the sense that it has forfeited ill-gotten money in the billions of pesos.
Laundering covers all currencies, pesos included.
It is not good business practice for any bank, in this case Philippine Savings Banks, to leak deposits to anybody. But it cannot refuse to open its books for examination by the Bangko Sentral and the anti-money laundering council.
At this stage the Chief Justice is wasting time making so much noise and accusing PSB of leaking the details of his peso and dollar deposits. The point is the deposits do exist. The Head Magistrate has not explained why the money is not listed in his statement of assets, liabilities and net worth. The amounts are well over his income as Chief Justice.
His own ruling in a case involving dollars of the Marcoses deposited in Swiss banks states that any amount not listed in the SALN and not justified by income is presumed to be ill-gotten.
Is the Chief Justice trying to exempt his case from his own ponencia? That’s what it looks to all of us.
His lawyers told the impeachment court the deposits will be explained in due time. Let’s see how they can do it. Let us figure out the oxymoronic act of saying the deposits will be explained but at the same time the defense wants the submission of the evidence covering the deposits suppressed.
From the very beginning the Chief Justice was on a media war on his impeachment case.
Yet he charges the prosecutors of trying his case by publicity when they take to media to explain evidence they obtain.
Unfortunately, he only succeeds in sinking himself deeper in the hole every time he talks.
Does he think that the "leaks" of his deposits in two banks diminish his responsibility of not listing them in his SALN? We think not.
As Chief Justice, we presume that Mr. Corona knows the laws on money laundering and the law that makes mandatory the disclosure of assets and liabilities and net worth.
The Chief Justice must have known from the very beginning that hiding wealth not justified by income is criminal, at least questionable.
But it seems he sat in comfort not ever suspecting that his position as Chief Justice would be questioned in an impeachment trial. Now that the hidden wealth has been discovered, he cries foul and goes as far as saying his impeachment is the cruel way of President Aquino’s revenge over Mr. Corona’s ruling on Luisita.
Whoever leaked or discovered the deposits and other assets not in the SALN and submitted them to the prosecutors in the impeachment trial did a patriotic act. They want to help the Court right a wrong.
But the Chief Justice claims in television appearances that he has been wronged. By whom? Nobody but himself because he documented his own fraud. None of that is related to how he gave justice to the poor tenants of Luisita.

Wednesday, March 7, 2012

A WAY HOW PCOS MACHINES WERE USED IN BAWAS OPERATIONS DURING ELECTIONS????


PCOS machines can be used for cheating

EDITORIAL
The recent spate of gross errors by the PCOS machine has revealed “an easy way to shave votes from targeted candidates, by making minor changes in the PCOS configuration file”.
This, according to Halalang Marangal (HALAL) Secretary-general Roberto Verzola who warned the use of PCOS machines could derail the May 10 due to mismatch between the PCOS configuration and the ballot layout for the local candidates. The ballot layout for the local candidates was reportedly changed from single-spaced to double-spaced, but the PCOS configuration was not changed to account for the new locations of the double-spaced ovals.
From the perspective of the PCOS, Verzola said, the ovals were misaligned. Ballot printing had changed the alignment of ovals due to the modified layout, but the PCOS was still looking for the ovals based on their original alignment. The PCOS couldn’t find most of the ovals anymore, resulting to missed votes in mock elections.
“Smartmatic simply needs to adjust the coordinates of the ovals for the local candidates, to conform with the modified ballot layout, to correct the misalignment. This will require changing the configuration file containing the coordinates. I agree that, properly done, this would solve this particular problem,” Verzola said. “However, this can be exploited by cheats to do target cheating – mostly through vote-shaving – with the PCOS machine,” Verzola warned.
He explained how: “All that needs to be done is to slightly change the coordinates of the oval associated with a targeted candidate, so that the printed oval on the ballot for that candidate becomes slightly misaligned with respect to the new coordinates on the configuration file.
The larger the misalignment, the greater the possibility of missing the mark on the oval – this is called a false negative or a ‘bawas’. Of course, the cheat would not make such a big change that the PCOS machine will miss the mark entirely – a consistently zero count would be too obvious and easily detected. But a slightly misaligned oval might be missed occasionally, say one in every ten marks, leading to a 10% shaving of votes for that particular targetted candidate.”
The Commission on Elections must make sure that this kind of cheating doesn’t happen. But then, the Comelec had been accused of making sure everything would go wrong on election day to perpetrate the longer stay of the people in Malacanang and their cohorts. Will the Comelec live up to its mandate of ensuring that the genuine and true voice of the people would be heard on election day? For sure, the people would know if the electoral body would live up to its constitutional mandate of go down in history as engineering the most crooked elections in Philippine history.

Tuesday, March 6, 2012

Jimmy Carter bemoans money in politics on Super Tuesday - I THOUGHT THAT THIS DISTORTION IN DEMOCRACY IS ONLY IN THE PHILIPPINES!!!


Jimmy Carter bemoans money in politics on Super Tuesday

(CNN) – Jimmy Carter, peanut farmer turned 39th president, said he was casually following Republican politics on Super Tuesday, as he does sometimes for amusement.
Watching from the sideline has given Carter some perspective he said. He is not thrilled about how things are playing out.
Tune in to the CNN Election Center tonight at 7 p.m. ET for live coverage of the Super Tuesday primaries and follow real time results on CNNPolitics.com, on the CNN apps and on the CNN mobileweb site. Follow CNN Politics on Facebook and on Twitter at#cnnelections.

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As he sat in his Plains, Georgia home, he bemoaned the influx of money into politics, and with it –vitriol.
"A lot of that money is used to destroy the character of your opponent in an election and that animosity and character destruction carries on when members of Congress get to Washington," Carter told CNN by phone.
"I hope the Supreme Court will reverse its stupid decision to let the corporations contribute massive amounts of money, and also rich people," he said of the high court's ruling on the Citizen's United case which paved the way for the creation of super PACs and with them unlimited donations to political action committees and the onslaught of negative advertisements.
He said when ran for president, "I always referred to incumbent President Gerald Ford as, 'my distinguished opponent' and that's the way he referred to me. When I later ran against Governor [Ronald] Reagan, it was the same thing, 'my distinguished opponent.' "
No matter the issue he said it seems, "everything is vitriolic now."
As for the outcome on Tuesday at the polls, he surmised his neighbors in Georgia would give former Speaker of the House Newt Gingrich a win in his home state, but that former Massachusetts Governor Mitt Romney would be on the top of the Republican ticket in the end.
Not surprisingly, ether way Carter said he will support fellow Democrat President Barack Obama in his reelection bid in November. And the former president said he hoped the current president would be able to stay above the fray and away from the vitriol.