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Mothballed arms deal imperils soldiers’ lives in Mindanao

BLURBAL THRUSTS
Louie Logarta

11/08/2009

The phrase void ab initio is normally used by lawyers in their briefs to describe the validity or invalidity of a contract. The term “void” in its simplest definition is taken to mean “of no legal effect” while ab initio is Latin for “since the start.”

Thus, if used in the context of a legal document or transaction, it is tantamount to saying there is no legal effect whatsoever. It is as if the deed never existed or happened in the first place.

We’re going to extra lengths to delve into the exact definition of “void ab initio” since it has great relevance to the contention of Bayan Muna Representatives Satur Ocampo (also a lifetime member of the National Press Club) and Teddy Casiño as well as Agusan del Sur Rep. Ompong Plaza that the multi-billion sweetheart contract between the Land Transportation Office (LTO) and Stradcom Corp. covering the Radio Frequency Identification (RFID) project rightfully belongs in the wastebasket.

In filing House Resolution 1437, the two militant party-list congressmen want the House of Representatives to investigate officials of the LTO led by Assistant Secretary Art Lomibao for attempting to pull the wool over the eyes of the public with regard to the RFID deal which they were rushing to implement, despite its numerous flaws.

The questionable RFID project which was awarded to Stradcom without the benefit of a bidding as required by law had to be postponed, possibly even canceled permanently, because of the stink caused after it was exposed in the media as a “midnight” concession green-lighted by Malacañang for the benefit of certain cronies who would be running for office in next year’s elections, as they would be in need of vast sums of money to finance their respective campaigns.

Representatives Ocampo and Casiño told House reporters that Stradcom and their cohorts in the LTO, should be hung out to dry for their audacity in pursuing the RFID deal even if it was in contravention of existing laws.

And the most startling revelation they came up with was that Stradcom was cleared by the office of Assistant Secretary Lomibao even if it didn’t have a permit to operate from the National Telecommunications Commission (NTC).

The RFID project was also frowned upon by the National Economic Development Authority (Neda) since it failed to secure clearance from the agency’s Investment Coordinating Committee.

As such, Neda Director General Augusto Santos pointed out during recent hearings on the 2010 national budget that said deal is considered “illegal.” He said a project of such magnitude must pass the scrutiny of the Neda which will determine if it is economically feasible and won’t run counter to the government’s overall objectives.

Geeeeez, what could Lomibao have been thinking about when he signed the contract with Stradcom? Did he think he could get away with murder?

The Philippines, courtesy of certain officials in Camp Aguinaldo, is courting negative fallout in the international defense community should it unwisely renege on a P1-billion deal with an Israeli firm for large caliber ammo shells desperately needed by the Army, which is locked in an armed struggle with Muslim separatists and Abu Sayyaf bandits in central and southern Mindanao.

There can only be one plausible explanation — apparently certain corrupt parties in the Department of National Defense (DND) who are in cahoots with their counterparts in AFP headquarters weren’t able to extract their pound of flesh from Israeli arms supplier Talon Security Consulting and Trade Ltd. which rightfully owns the supply contract after besting two other foreign outfits in a stringent bidding process.

On Jan. 5, 2009, the DND bids and awards committee (BAC) headed by Assistant Secretary Roberto Emmanuel Feliciano, opened the sealed bids of the different arms dealers who had joined the bidding for the munitions contract, and in the end declared Talon the winner.

In a minute resolution, Feliciano and the rest of the BAC attested that there weren’t any shenanigans attendant to the public bidding.

That was ages ago, and all the while the ammo contract has been gathering dust on the desk of Defense Secretary Gilberto Teodoro who has been busy these past months trying to sew up the nomination of the Partido Lakas-Kampi-CMD as their presidential candidate in the 2010 elections.

As if on cue, Palace backers of the Korean firm Poongsan Corp., are said to be frantically lobbying to get Secretary Teodoro to trash the Talon offer with a quotation of their own which wasn’t subjected to a public bidding in accordance with law.

In the meantime, while the intramurals are going on, our poor soldiers are in danger of running out of mortal and cannon shells with which to fight the MILF and Abu Sayyaf, and soon will have to resort to slingshots.

The Maritime Industry Authority (Marina), a subsidiary of the Department of Transportation and Communications, is getting a lot of flak these days for permitting a passenger liner of Sulpicio Lines Inc. (SLI), the MV Princess of the South, to once again ply the country’s sea lanes.

Leading the badmouthing of the Marina are the families of the estimated 800 victims of last year’s Princess of the Stars tragedy who still have to attain the closure they are desperately seeking, which in turn would enable them to lay their loved ones to rest.

What rankles is the fact that Marina administrator Ma. Elena Bautista didn’t even have the decency to consult them before taking such a controversial action.

Indeed, why the rush, Ms. Bautista? The wreckage of the Princess of the Stars still has to be removed from its watery grave of Sibuyan Island in Romblon, and sticks out like a sore thumb for all to see, a grim reminder of the sad fate that befell some 800 innocent passengers.

Announcement. The Jehovah’s Witnesses congregation is holding its district convention at its Metro Manila Assembly Hall along Quirino Highway, Novaliches, QC to discuss possible major global changes in the near future.

This morning, a public discourse entitled “How Can You Survive the End of the World?” will be conducted with Romulo Rubio as facilitator. It will contrast popular views with the Bible’s definition of the end of the world, and draw attention to Biblical instructions on how one can be among the survivors.

In the afternoon, the modern-day drama “Your Brother Was Dead and Came to Life” based on Jesus’ parable of the Prodigal Son will be featured.

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