CORTEZ: Panalo sa rebid ang gobyerno

May 31, 2015 at 9:43 pm Leave a comment


brando-maso

GOOD DECISION. May maganda palang naging resulta iyong desisyon ni PNoy para sa re-bid ng Cavite-Laguna Expressway (Calax).Opo, kumita ang gobyerno ng PhP15.6 billion dahil sa desisyon ni PNoy.

Una naipanalo ng Ayala-Aboitiz ang bid sa CALAX nitong June sa pamamagitan ng technicality.

Ang bidding para sa government projects ay dapat kung sino ang mas mataas ang bid, iyon ang mananalo.

Noong June bidding, ang San Miguel Corporation ay nagbid ng mas mataas na PhP20.11 billion kumpara sa Ayala Aboitiz bid na PhP 11.66 billion lang at sa mas lalong mababang bid ng Metro Pacific na PhP11.3 billion.

Pero inaward ng DPWH ang contract sa mas mababang bidder na Ayala-Aboitiz dahil sa technicality.

Nadisqualify and San Miguel Corporation dahil expired na ang bond nito!

Hindi nagustuhan ni PNoy ang nangyari. Rebid ang order ni PNoy.

Kaliwa’t-kanan ang naging bira laban kay PNoy dahil ginusto ni Presidente na magkaroon ng rebid.

Nito lang May 26 bidding ay nagbid ang Sand Miguel Corporation ng PhP22.2 billion pero natalo ito sa bid ng Metro Pacific na PhP27.3 billion.

O hindi po ba mas mataas ang resulta ng rebid?

Ang winning bid ng Metro Pacific na PhP27.3 billion ay hindi hamak na mas mataas sa unang award ng DPWH sa Ayala-Aboitiz na P11.66 billion lang.

Ang laki ng difference, hindi po ba? Napakalaking PhP15.6 billion ang naidagdag sa halaga ng CALAX.

Parang kumita ang gobyerno ng PhP15.6 billion dahilsa desisyon ng Presidente.

Walang regrets ang kampo ni Ramon Ang , kahit na natalo ang San Miguel Corporation. Walang naganap na dayaan.

“There is no regret about losing a bid. I rarely regret making a losing bid,” said Ang. ”I am very satisfied with the result because there was no cheating…it is good for everybody and for the country. Real competition gives the best value to the government.”

CANNOT BE SUED. Hindi puedeng kasuhan ang sitting president. Kaya naman ang nauso ay kinakasuhan ang Presidente kapag wala na siya sa Malakanyang. Share ko po sa inyo kung bakit hindi daw dapat kasuhan ang sitting president.

There is no other position quite like the presidency. The President runs the affairs of the government and if cases are filed against him, the exercise of his sovereign functions will be impeded, detrimental to the State. In Nixon vs. Fitzgerald (457 US 731), the US Supreme Court explains the rationale for presidential immunity:

“Because of the singular importance of the President’s duties, diversion of his energies by concern with private lawsuits would raise unique risks to the effective functioning of government. As is the case with prosecutors and judges – for whom absolute immunity now is established – a President must concern himself with matters likely to ‘arouse the most intense feelings.’…Yet, as our decisions have recognized, it is in precisely such cases that there exists the greatest public interest in providing an official ‘the maximum ability to deal fearlessly and impartially with” the duties of his office… This concern is compelling where the officeholder must make the most sensitive and far-reaching decisions entrusted to any official under our constitutional system. Nor can the sheer prominence of the President’s office be ignored. In view of the visibility of his office and the effect of his actions on countless people, the President would be an easily identifiable target for suits for civil damages. Cognizance of this personal vulnerability frequently could distract a President from his public duties, to the detriment of not only the President and his office but also the Nation that the Presidency was designed to serve.”

CAN BE SUED. Kung hindi dapat kasuhan ang sitting President, puede bang kasuhan ang sitting Vice President.

Eto po ang sabi ni Atty. Mel Sta. Maria. How about the Vice President? There is nothing in the Constitution explicitly delineating his specific functions. He is not the public officer who “must make the most sensitive and far-reaching decisions entrusted to any official under our constitutional system.”

However, Section 3 of Article 7 provides that “the vice president may be appointed as a member of the cabinet.” The word “may” emphasizes that his appointment is not mandatory. He can even refuse any appointment. And even if the Vice President accepts, his retention is at the pleasure of the president. Should the Vice President be criminally charged, the president can relieve him from his cabinet duties. In such case, the Vice President, though still in office as such, has essentially nothing else to do.

Unlike the President, the Vice President will have time defending the cases filed against him without prejudice to the affairs of the country.

Indeed, if not appointed as a cabinet member, a vice president virtually sits on a sinecure just waiting for the happening of a fortuitous event – the sudden incapability of the president so that he can assume the presidency. The famous Will Rogers once joked: “The man with the best job in the country is the Vice President. All he has to do is get up in the morning and say ‘How is the President?'”

Thus, the very nature of the position of a vice president, though important, does not justify any claim of immunity from suit while in office.

The fact that the Vice President is directly elected by the people will not help such claim either. Being elected as vice president does not automatically entail being engrossed in vital decision-making for the country. Senators, also nationally and directly voted by the people, may even be busier than the vice-president and yet they are vulnerable to criminal and civil suits. They can even be arrested, for example, for the crime of plunder which is punishable by life imprisonment, even if the Senate is in session.

The constitutional provision on impeachment cannot also be invoked to justify a vice president’s immunity. Impeachment and a criminal case do not have the same objective.

Impeachment aims to remove a public official from office for specific offenses only, while conviction of a crime in a criminal case is designed to punish the public official for the commission of any crime by jailing him and/or ordering him to pay fines or damages.

Even in the United States, vice presidents are not exempt from criminal prosecution while holding office. For example, under the United States Constitution, the vice president is also directly elected by the people and is removable by impeachment, and yet Spiro Agnew, while still the vice president of President Richard Nixon, was criminally indicted in court for evasion of taxes and receiving some pay-offs. He eventually pleaded guilty after plea bargaining, meted out a lighter sentence subject to parole on condition that he resigns from the office. In Argentina, criminal charges were also filed against Vice President Amado Boudou for alleged bribery.

In the final analysis, the President and the Vice President do not fundamentally have the same responsibilities. Generally, the president works, while the vice president waits – a difference that does not justify the grant of the same kind of immunity.

TUITION FEE INCREASE. Labing tatlong private colleges po dito sa Ilocos Region ang nakakuha sa gobyerno ng approval para magkapagtaas ng tuition fee para sa 2015-2016 academic year.

Ang pinakamataas na increase ay University of Luzon na merong PhP106.80 per unit na may kasabay pang PhP1,445.32 na increase in Other School Fees.

Ang iba pang schools na may pagtaas ng tuition fee ay Divine Word College-Vigan, PIMSAT Colleges-Dagupan, Collegio SAn Jose de Dagupan, Northwestern University, Divine Word College Laoag, University of Pangasinan at Lorma Colleges.

Kasama din sa maga approved ang tuition fee increase sa Philippine College of Science and Technology, Lyceum Northwestern Urdaneta, St. Columban college, St. Louis College at Northern Philippine College for Maritime Science and Technology.

Ang average tuition fee increase ng mga nasabing schools ay PhP28.83 per unit habnag ang average increase ng Other School Fees ay Php465.53.

May kaukulang percentage ng tuition fee increase ang dapat mapunta sa pagtaas ng sahod ng mga teachers.

Inaasahan po ng mga teachers ng mga nasabing schools ang increase sa sahod. Ipatupad naman kaya ng mga nasabing schools?

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Entry filed under: News.

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