MikeLigalig.com

Change? I just hope we are not in for a big surprise or to put it bluntly regrets!

Truth to tell, all of them are the same banana and I know whereof I speak.
I can only fervently hope and pray that whoever it is we choose, will turn out to be the lesser evil!

Good luck!

May 10 is just around the corner but it's sad to note that most of our voters' preferences revolve around personality cults rather than issues straight up. We often tend to shoot down the messenger even before first knowing the message he carries. Politics has become so muddled and fuzzy that all we see is the face of the person without digging deeper!

We tend to look at things face value and skin deep! But lest we wake up regretful and miserable for a terrible 3 years after May 10 we should be more meticulous with our choices at our one chance shot in bringing about true change in governance.

Looking at the local level we are bombarded by accusations of betrayal and wrongdoing from both major camps. In between we have the seemingly new and undefined leadership of a newcomer and a fresh face, very tempting in the midst of a strong clamor for change.

But to ask ourselves are we really making the best choices is rather simplistic. It will be a good sometime after that we will know the wisdom of our choices but are we prepared to take the risks?

Our people have suffered long enough that to vote and not be ready to defend and justify our choices would be to do injustice to the majority who have suffered silently.

No matter how we extoll  the virtues of our chosen candidates beneath the lovely exterior lies a skeleton of some sort.Whether it be worth the risk is for us to realize later on and be told in flat and unequivocal terms that " I told you so" is a matter of our choice.

But not to do anything about it is simply surrendering our fate to the hopelessness and pessimism that looms above.

So come May 10 just be sure when you go out there to exercise your right of choice that you do so out of a sense of scrutiny and conviction and not of awe and haste!

Good luck to us and God forbid what dire consequences come as a result of our choices.

May 10 is just around the corner but it's sad to note that most of our voters' preferences revolve around personality cults rather than issues straight up. We often tend to shoot down the messenger even before first knowing the message he carries. Politics has become so muddled and fuzzy that all we see is the face of the person without digging deeper!

We tend to look at things face value and skin deep! But lest we wake up regretful and miserable for a terrible 3 years after May 10 we should be more meticulous with our choices at our one chance shot in bringing about true change in governance.

Looking at the local level we are bombarded by accusations of betrayal and wrongdoing from both major camps. In between we have the seemingly new and undefined leadership of a newcomer and a fresh face, very tempting in the midst of a strong clamor for change.

But to ask ourselves are we really making the best choices is rather simplistic. It will be a good sometime after that we will know the wisdom of our choices but are we prepared to take the risks?

Our people have suffered long enough that to vote and not be ready to defend and justify our choices would be to do injustice to the majority who have suffered silently.

No matter how we extoll  the virtues of our chosen candidates beneath the lovely exterior lies a skeleton of some sort.Whether it be worth the risk is for us to realize later on and be told in flat and unequivocal terms that " I told you so" is a matter of our choice.

But not to do anything about it is simply surrendering our fate to the hopelessness and pessimism that looms above.

So come May 10 just be sure when you go out there to exercise your right of choice that you do so out of a sense of scrutiny and conviction and not of awe and haste!

Good luck to us and God forbid what dire consequences come as a result of our choices.

Hi Guys am a bit disappointed with our fellow bloggers who are exhibiting sarcasm and intolerance to the opinion of others. Am not purporting self-righteousness nor will I be more popish than the Pope but hey where is our professionalism? We may be overzealous in our desire for change but that does not give us the right to ridicule our fellow bloggers.
To Madam Comran my apologies. Guys lets be more professional in our comments and please refrain from being sarcastically ridiculous. Taking potshots at others who may have different views from us is low-blow!

Thanks and happy new year. Let's leave our discussions on the level.

kanag pangutana ni nat cast ang mga botante maoy angayan motubag niana. Walay mohatag og walay modawat and the circle can go on. Getting a mature electorate is the key to ridding our rotten system but are we as an electorate prepared? Maybe you and I won't accept inangayan from candidates but what about the rest?
By the way kanang gipanghatag sa mga pol.itko inig election is being justified as inangayan meaning pahalipay alang sa mga party members who go out and vote. The concept started out as meager honorarium for party members who take the time off from work to vote and not lose their income for the day. But over the years,pinoys are very clerver, this has been expanded to buy votes in this multi-party system of electoral exercises.

Nagsugod ni sa una pa nga duha ra ang partido LP og NP. But the culprit in this rotten system of ours   if I wanna make a wild guess is the multiparty system. This is the root cause of self- interest above party interests and maoy hinongdan sa sinugdanan nga corruption.

Candidates in their strong desire to win would go all out and the rest is history repeating itself over and over again.

Hi mr. tagaclarin, you are right these people are not just the ones equally qualified .In short these personalities don't have a monopoly on leadership. As a concerned Boholano just like the rest of us,bloggers, I can choose to run or not but just like you I am ventilating my opinions in this forum. Which is why am sharing with you insights trying to be objective at that without any bias for anybody.
You speak of your distrust for public officials who have stayed long enough to get their hands dirty and complain about the misuse of calamity funds in your town administered by the province and the mayor.Well am sorry to hear that, but I never read about you complaining about Aumentado's management of these funds being the provincial chief executive? Is it safe to assume that because daghan siya og mga proyekto dili na lang ta moreklamo kay maayo siya og agi?
This is exactly the point I am driving at in the first place.

With regards to the news reports about Montano's brother you seem to cite your distrust again with mainstream media in this particular incident yet you tend to take hook,line and sinker what was reported in mainstream media in another report not derogatory to people who obviously you have a bias for.

I respect that as i said earlier on but what we are simply doing here is bringing out the awareness to the public of certain issues that involve these personalities  in order for us to make a gooid choice.

I am not taking these issues personally as you said you don't know these people but is it safe to assume you know Montano's brother? In the interest of truth and fairness would it be too much to ask around in Tubigon from your friends if indeed such incident did happen?

As concerned Boholanos it is our right to know and ferret out the truth.Dili lang ta selective in what we want to know. If we root for a person let us take the bad together with the good and base our future actions on our evaluation of what could be best for everyone.

Thank you.

Hi mr tagaClarin, you are missing the point. What I meant by saying that this is not political is the factual reporting of the events in the news. Meaning layo paman ang election so dili ni matawag og political, mga black propaganda against Montano. Which is why mihangyo ko nimo to check and verify this news report of extortion which took place in Tubigon kay purportedly you are from Clarin.
At any rate there is nothing personal here and am just relating the events as reported in the papers in the same manner that the alleged shootout between this same Rommel Montano and the group of businessman Sevilla and Dr. Dumaluan was treated as factual by our bloggers. Truth of the matter I happened to be in JJ's restaurant when that happened, nagorder ko og takeout and what I witnessed was quite the opposite of what was reported in the Sunday Post.
Since that time and being a concerned Boholano nacurious na hinoon ko sa tinood na pagkatawo aning mga tawhana nga nagpapili diri sa atoa. Dili man investigative journalism nga lawom pero at best I just try to unmask the real people behing the pretty faces.
Like you guys I may have my own preferences but dako jod og impact tong akong nakit-an sa akong duha ka mata. And I am sure a lot of the people ,restaurant personnel who were there were shocked as well.

Anyway I respect your choices. This is democracy at work but to simply go about it without looking at the big picture is doing a disservice to our beloved Bohol.

"Something new does not necessarily bring something better."
We may want to try out something new out of desperation with the old, thinking we might be better off,but the future of our children is too much a stake to be gambled. Dili lang ingon ana kasimple kining tanan. Kinahanglan pa sa makuting pagusisa aron atong matugkad og unsay angayan og kinsay angayan.
Mao ni ang kuyaw nga atong pagabantayan kay our choices in an election would not only affect us individually but others as well.Madahig sila sa atong gipangpili.

My Christmas wish to all the bloggers out there. Please take the time to ponder and reflect this Holiday Season in choosing what is best for everyone. Let us try to look at the bigger picture and see how Bohol would fare under Chatto,Herrera or Montano for that matter in the years ahead. Ang mga panghitabo sa mga miaging mga adlaw wala man gipamogos sa katawhan apan sila ramay nagahimo. Divine Providence has strange ways of making things known to the people. If I may ask you Mr. tagaClarin nakaila ka ba personally ni Cesar Montano, Edgar Chatto og Julius Herrera, kanang gakuyog2x jod mo?

Wala man tingale por eso makaila ta kanila sa ilang mga binuhatan. Duna ba tay nabasahan og nadunggan nga mga panghitabo lately involving Chatto or Herrera's men? Wala man tingale. Kani kang Rommel Montano usa lang kini ka pamaagi nga maghinay2x ta og kaila ani nila kay wala man ni sila ikita sa Bohol sa una og ang atong mahibaloan mao ra man ang atong mabasahan sa mga showbiz news nga puno og mga kaplastikan.

Please share to us unsay info nga imong makutlo gikan sa Tubigon sa maong mga panghitabo.
Daghang salamat. 

Mga paisano ensakto jod mo. Ingon ana kataphaw ang atong liderato kung madaog si Cesar. Nakabasa ba mo sa headline sa news karon sa Bohol Chronicle? Iyang maayong laki nga igsoon gireprimand sa dakagkoan sa PASG sa Manila. Ang maot pa dunay negosyante nga taga Tubigon mireklamo kay gikotongan sa iyang mga bata2x. Ang akong dungog naa siyay tawo nga TagaTubigon nga tagalog naminyo og taga didto nga operatiba sa PASG.
Mao ni storya2x sa mga taga didto nga hambogero og abusado ni tawhana.Mr. tagaClarin dool na man na sa inyoha can you please check and verify? This was witnessed by a security guard at the pier,ang kanang pangotong nila.
The worst part of it matod pa sa iyang igsoon, sanction ni Montano ang pagpanakop ni Rommel.Daghan diay smuggling sa Bohol? He he he.
The elections are yet far away and this cannot be treated again as political. Kanang igsoon ni cesar mao nay makaguba niya. Og simbako magobernador dili lang mga Brazilian models magrampa2x sa capitolyo kung dili mga astig na mga tawo pa jod! pagka looy na lang jod sa atong probinsiya!
Mitagam ta ni Erap unya magpalalo pa ta pagusab.

You bet nat-cast. How else would you characterize a person who exhibits ficklemindedness? Ngano magbalhinbalhin man? If not to serve self interest. This is the hallmark of a trapo as the saying goes, in politics there are no permanent friends but interests. This is typical trapo BS and should be the kind of politics we should avoid. Have you ever wondered why we always end up in a rotten system no matter how lofty we strive to be?

This is a vicious circle, hard to break.And when you and I tend to think this way, that politics is addition therefore we play the game to please everyone, then surely we are slowly becoming one. Real politics  should be characterized by issues,stands and advocacies. Only when we start to realize that politics is not about addition and pleasing everyone then we begin to mature as a people and only then can we safely say that we have risen above this traditional mould and are therefore harbingers of real change!

To be honest about it that person is for all intents and purposes a TRAPO!
Because you know why? How do we define a trapo?
A politician who acts and thinks the conventional way, meaning money plays a powerful role in his psyche. While we may agree that it is very difficult to run a political machinery without money no doubt, the traditional politician is one who plays the game and is very much into the game.Nio distinction is made whether you are a new entrant or an old dog but if you are in its mold then you fit it to a tee.

If you walk like a duck and quack like a duck you are a duck no matter how hard you try to disguise yourself as a swan.

Kanang pagkatrapo  is a matter of orientation. Even if you are new and you learned your politics from the likes of GMA,SINGSON and from the admin what else could you be?

A sincere advocate for change? This blows me away!
So all the more let's beware. And this is the tricky part, how to distinguish what is being offered to us.
The days ahead will bring more insights. As the campaign draws near we can slowly and surely peel off the layers to unmask the real person beneath the pretty face.

Please feel free to share your insights as well.Like the twisted plot to a sordid movie, surprise is just around the corner!

Here you go guys bring in your weighing scales and have fun!
         

                                           Edgar Chatto                                         Cesar Montano

Qualifications                   Lawyer UP school of economics               Veteran Actor/director masscom
                                 awarded legislator,student leader                broadcast journalism,Lyceum
                                                                                              correspondence course


Public service exp          KB President,Brd Member,Vice-Gov.             none.Ran for senator but lost.
                                  Congressman                                                                                 


Civic Involvement         Past Pres.Jaycees,Leo                                none

Philanthrophic involvement  Charitable doleouts through PDAF            Panaghoy children Foundation

Business                      flower shop and review center                 CM Film Productions,Bellissimo Rest.
                                 ran by wife

Residences                  Quezon city,tagbilaran,Balilihan                Houses in Manila,Baclayon and some
                                                                                           farm property in Bulacan

Personality                  Approachable,Politician epitome,travels      Charismatic,typical celebrity,travels
                                with one or two aides                             with an entourage

Temper                       No known outbursts,level headed               Hot tempered,together with his brother
                                                                                           have figured in some celebrity fights in
                                                                                           the past

Physical Image           Average looking,physically disabled              Good-looking,physically fit,macho

Public Projection         Good speaker,eloquent                              below average,stutters,talks in circles

Family Image             Family man,no known indiscretions               sired children with different women,
                                                                                           typical actor

Religious Orientation    Devout Catholic                                       Born again Christian like most
                                                                                           showbiz personalities

Public Perception       Trapo                                                      New breed




Edgar Chatto has a wealth of experience behind him and quite literally having been in Congress for 3 terms
               you can do your math and voila you have one wealthy legislator. Say the average
               congressman's PDAF is about 70M per year not including the budgetary insertions and at a
               minimum of just 10% you have a whopping 63M SOP.But soft projects such as livelihood
               command at least 35-40% in kickbacks. You can just imagine the wealth a politician can
               accumulate over the years. But in fairness to Chatto, don't we see a multitude of projects
               road concreting,schoolbuildings,etc in his district? Not to mention some brilliant legislation
               as the Tourism Act ,etc. All told this is what is meant by a "competent corrupt". All these
               is institutionalized in our rotten system of politics. Thus how do we gauge a leader in this
               regard?
               By the amount of effort he gives back to the people.Have the Boholanos been benefited
               by this leader's reign? To put it literally has he been like a Robin Hood giving back his
               booty that he stole from the people's taxes to the people? Quite an irony is it not?
               Chatto I surmise has remained true to form but unlike the Ampatuans who have lorded it
               over Maguindanao, we have I suppose a better leader.Need I say more?

               Food for thought: Why are we all praises for Aumentado when for a fact his projects are
               gargantuan than any or all of our three congressmen combined? Did you know that under
               his efforts no less than 20B worth of mega projects came to Bohol's way? Do your math
               people and use a scientific calculator to check up on the billions!
               No wonder they keep coming back in the guise of public service!


Cesar Montano-  Unlike Chatto  he may seem the least guilty of corruption not having been in actual
              public service. But does this spare him as though he were squeaky clean? Last 2007 he
              was all gungho about running for governor.This enthusiasm and fervor was doused with a
              complete turnaround for the senate. Both Chatto and Montano had been figures in this
              funny political reality called buyout and although they stood at opposite sides of the fence,
              albeit, history spoke with the election results and we can fairly conclude who was the buyer
              and who was bought. Quite an interesting fact.
              No one would be so stupid to run for a higher office prodded upon by the powers that be
              without any concessions. Considering that to mount a nationwide campaign entails
              millions your guess is as good as mine!
              When we talk of advocacy and passion for public service or compassion for our fellow
              Boholanos despite your comfortable stature in life, we as voters should dig deeper.Unlike
              chatto who stuck to his party and swallowed his idealism for the comforts of being in the
              administration, cesar has jumped from one party to another. First he ran under GMA
              then swore in to chiz NPC before finally settling with Noynoy's LP. Nothing wrong in this
              perhaps but talking about a deep sense of advocacy and commitment,I just wonder.
              On this scale and if we are truly for change I must admit we are in for a big surprise. This
              change is by far superficial at best. Same dog with different collars!


            Food for thought: A wise man once scolded a young woman for vigorously warding off the
                                   hundreds of flies that swarmed upon a poor beggar's wounds.
                                   the woman retorted, Sir this man could die.
                                   To this the old sage said, If you drive these flies off, a thousand more
                                   hungry flies would take its place,suck more blood and leave him dead in
                                   seconds.
                                   
            Guys wrack your brains in thought and enjoy the holidays!       

Thanks guys for getting my point! Ang akoa ra man na maabli atong mga mata sa mga realidad. Reality bites indeed! Dili lang jod ta masalaw sa ilang pagkagwapo o pagkamaayo manolti ba kung dili ato jod kuniskunison ilang pagkatawo. It's easier said than done. Sayon ra sultion we are willing to take the plunge,take the risk but when you are looking at the big picture "from the frying pan into the fire" is no laughing matter especially if this concerns the future of our beloved province and our children. These things just cannot be left to chance and the future not risked.

This early on I have tried my best to know a lot more of our candidates from people who know them or have been a part of them to know their true identities. Nanghuwam bani sila og batasan og nagtakuban lang pero mga mangtas sab diay!

Dili na ta pailad oi kay pagkatinood lang lami  iboycott pero kay we have to exercise man kaha our right of suffrage magmatngon ta pagayo og ampingan ang atong choices.

Let's not be carried away by empty rhetoric, seemingly patriotic words that are just empty and not be driven by our strong desire for change only to end up making a much bigger mistake!

Hi Mr. taga Clarin I admire your penchant for change. What I am merely suggesting is take things in a stride and let's not allow our biases to cloud our objectivity. Ang hugot nako ipasabot nga hinoklogan nato is which is better for development or progress ang lider nga dunay competernce pero may kurakot o kanang lider nga wa joy alamag sa pamaagi ? Asa man ang lesser evil ani?
To be candid about it our political system is as corrupted as it is. Pagsulod palang nimo sa politika hugaw na kaayo. Balingbing dinhi balingbing didto if only to ensure survival and promote self-interest. Rarely can we find such true advocates and sincere dedication.

While we cannot judge a book by its cover we can glance over its contents and get a feel of its substance. Ang lider nga pirmi lang gahisgot og mga general issues nga dili tumbok sa unsay angayan sa local wala makakuha sa timpla og gibati sa mga katawhan.
Ang pagkamaayong tawo  dili masukod sa pulong lamang. Kinahanglan pata mokaykay sa ilawom aron makita ang tinood nga pagkatawo.

While it may seem alright to opt for new faces and shun away the old , just a word of caution we may be jumping from the frying pan into the fire!

Nindot basahon ang inyong kalainlain nga panahom. Apan usa lang kabutang ang akong ikasugyot. Kanang paglangkop sa tanang karaang politiko nga maot og mga bag-ong politiko nga nindot dili man makaangayon. Ang saktong sumbanan ang pagkatawo sa usa ka binuhat. Tingale baya hinoon og mashot mo sa bulsa sa inyong pagtoo nga kaning tawhana mas maayo kay bag-o pa walay kurakot. Adunay giingon sa ingles nga a competent corrupt leader is much better than an inept leader. Ngano man? Tungod kay kung kaayohan ang atong gipanglantaw dunay makaB-OT bisag adunay corruption kaysa wala gayoy alamag og unsay pagabuhaton! Tinood dili kini mga nindot nga hiyas sa usa ka lider apan sa kani karong sitwasyona walay nindot na kapilian.Far from ideal sa ginaingon pa sa englis.

Apan kay mapugos man ta og pili adto ta sa lesser evil. Montano or Chatto?
Kaning tanan mahisayran nato sa mga umaabot nga mga adlaw kay manggawas na ang ilang mga tinagoang baho.  ABANGAN!!!!

Lami ni nga choice pero before anything else ato jod hukasan ning mga tawhana sa ilang tinood na pagkatawo.
Edgar Chatto - Nakaila naman ta ani niya.Active student leader kaniadto.utokan,abogado og dili man salawayon ang mga binuhatan. Napolitko gumikan kay misunod sa yatak sa iyang amahan og mga kadugo pero dunaan say maayong agi sukad sa iyang pagka KB president. Og dili pa gitanaw nga tuta o sumusunod ni GMA wala may bug-at na isyu.

Cesar Montano- Wala man jod ta makaila pag-ayo sa iyang pagkatawo kay toa man ni cya nagdako sa Manila,misikat na artista. Dunay daghang mga storya2x nga init kuno og ulo.hambogero og tihik. Pero kinsa man pong artistaha walay hambog? Kanang pagkamaayong tawo wata kaayo makita nga agi gawas sa iyang pagtabang sa mga victima sa Mabini food poisoning kaniadto.Apan kanang gihimo niya nga Panaghoy Children Foundation mahimo man kana nga tax shelter og mahitabo nga kopya2x ra pod sa ubang artista nga dunay susamang foundation. Wala man idungog ni sa mga miaging katuigan og karon lang kalit tang nahibalo nga duna siya'y mga scholars apan gikan ba kaha ni sa kaayo sa iyang dughan? Kaning kwartaha gigasto og mga foundation gikan man kana sa mga donation sa mga pribadong katawhan  sa gawas sa nasod nga dali ra kaayong malukmay hilabi na kung ang magsolicit mga artistsa!

Karong bag-o makadungog ta sa radyo og mga isyu kabahin sa igsoon ni Montano nga wala pa gani makahupot og gahom kuyaw na kaayo apan si Chatto wala may mga storya. Low profile man ni nga pamilyaha bisan pa gani na iyang inahan Mayor man sa ilaha bisan og may edad na. Pero wa man pod ikadungon nga mga abusado.

Gamay ra ni mga panahom apan angay nato pagahinoklogan kay basin og magdali2x ta og ambak og pili mahisukamod ta og malingla sa kaplastican o madani sa kaanyag sa tawo nga walay pagtanaw sa unahan.
Alang kanako let us choose the lesser evil and vote wisely !

Sorry guys dugay ko nakainteract kay gikan ko sa gawas. Sa tinood lang nakurat ko sa maong panghitabo.
Duna koy mga nabasahan sa mga showbiz news sa una nga kana si Rommel igsoon ni Cesar init og ulo unya pirmi masangkot sa gulo. Duna koy mga kaila sa showbiz ang ila sulti hambogero. Kana si Cesar Montano wa man ta kaila pagayao sa iya kinaiya. Basin ra og inaktoran ra ta nga tagaBohol kay gusto man kaha ta og kausbanan. Basit unya mamirisi tang mga Bol-anon.
kung Kinsa man ugaling nakaila ana mga tawo nainvolved palihog kuno ko ug hatag gamay background ana nila.

Dili lang ta magdalidali og salig sa mga tawo nga mamauli lang sa atoa aron kunohay manilbihan.

SO THE PUBLIC MAY KNOW


BACOSH (Boholanos Against Corruption Oppression and Social Harassment) has been at the forefront on issues involving corruption, perceived anomalies and irregularities in governance to promote transparency  and ensure  accountability of our public officials.

Recent events unfolding on the alleged P168M heavy equipment bid rigging have prompted us to conduct an in-depth study on the issues involving the controversy based on documentary evidences culled from various sources.

We strongly fear a whitewash on the government probes on the matter based on our past experiences. More so, the review committee tasked to tackle the issues have conducted their meetings closed-door  despite clamor from the protestants and the media to attend such deliberations and the SP probe committee has yet to convene and start their own investigation.

In line with the intent of  EO 40 series of 2001 by the President of the Philippines and to cite some of its premises, we are compelled to take on the cudgels to inform the public of the following facts  surrounding this bidding controversy.
                                                              EXECUTIVE ORDER NO. 40
CONSOLIDATING PROCUREMENT RULES AND PROCEDURES FOR ALL
NATIONAL GOVERNMENT AGENCIES, GOVERNMENT-OWNED OR
-CONTROLLED CORPORATIONS AND GOVERNMENT FINANCIAL
INSTITUTIONS, AND REQUIRING THE USE OF THE GOVERNMENT
ELECTRONIC PROCUREMENT SYSTEM
WHEREAS, the principles of good governance call for transparency, accountability, equity, efficiency and economy in the government procurement process, and the eradication of malpractices, particularly graft and corruption;
WHEREAS, to enhance transparency in government procurement, the government shall encourage the public to monitor the procurement process and the awarding of contracts with the end in view of guaranteeing that these contracts are awarded pursuant to law.
What the BAC did    What is mandated by law under  the  IRR of RA9184 (IRR-A as amended,Fourth Edition,Government Procurement Policy Board,Technical Support Office, September 2007
1.Advertisement Period         Jan.7-21,2009                               Rule VI,Sec.17.5 “Prospective bidders shall  be given
2.Pre-Bid Conference               Jan.23,2009 at 10:00AM PGSO,   ample time to examine the bidding documents and to
                                                 Capitol Cmpd.,Tagb. City               prepare their respective bids.To provide ample time the
3.Issuance of Bid Documents January 23,2009                         concerned BAC shall promptly issue the bidding documents
4.Eligibility Check/Screening    February 9, 2009 at 9:AM,PGSO  for the contract at the time the Invitation to Apply for
   And Opening of Bids                                                                    Eligibility and to Bid is first advertised.”
5.Post-Qualification                  February 11,2009



Advertisement posted at:                                                             Sec.21.2.1 “Except as otherwise provided in Sections
1.   Sun Star Daily( Cebu)                                                      21.2.3 and 21.2.4  of this IRR-A and for the procurement
2.   Bohol Chronicle                                                                 of common-use goods and  supplies,the IAEB
3.   PGSO Bulletin Board                                                        shall be :
4.   Old Capitol Façade                                                           a) advertised at least once in one(1) newspaper of
5.   Provincial Library Lobby                                                        general nationwide circulation  which has been
6.   www.bohol.gov.ph                                                                 regularly published for at least two(2)  years
7.   Cebu Daily News                                                                  before the date of issue of the advertisement.”                                                                                                                                                               
   
Non-statement of the cost of bidding documents in the text of
Advertisement of the IAEB impairing bidders’ access to infor-
mation without further asking what Prov. Ord. 2004-21 is all
about.


“The BAC will issue bidding documents to interested                    Sec.21.1 “Contents of  the Invitation to Apply for
Bidders for the purchase of the above-mentioned equipment        Eligibility and to Bid.The Invitation to Apply for Eligibility
upon payment of a non-refundable amount pursuant to Prov’l.      and to Bid shall provide prospective bidders the following
Ordinance No. 2004-21.Payment shall be paid to the Provincial    information among others:
Treasurer’s Office from Monday-Friday,8:00AM-12:00NN and       6 The period of availability of the bidding documents,the
1:00PM-5:00PM.”                                                                                place where the bidding documents may be secured
and,where applicable the price of the bidding      documents.




The absence of the COA and observers in the proceedings.    Sec.13.1 “ To enhance the transparency of the process,the
                                                                                                         BAC shall,in all stages of the procurement process,invite,in
                                                                                                         addition to the representative of the COA,at least two(2)
                                                                                                         observers to sit in its proceedings:”
                                                                                                         
                                                                                                         Sec.13.3 “Observers will be informed at least 2 days         
                                                                                                         before the stages of procurement to which  observers shall
                                                                                                         be invited: pre-bid conference; opening of bids; post quali-
                                                                                                         fication: and contract award:and special meetings of the
                                                                                                         BAC.The absence of observers will not nullify the BAC
                                                                                                         proceedings,provided that they have been duly invited in
                                                                                                         writing.   

                                                           
                                           
                                          Memorandum Order No. 144

REMINDING ALL HEADS OF THE NATIONAL GOVERNMENT AGENCIES, GOVERNMENT-OWNED
AND CONTROLLED CORPORATIONS, AND LOCAL GOVERNMENT UNITS TO
FAITHFULLY COMPLY WITH SECTION 13, ARTICLE V OF REPUBLIC ACT NO. 9184, "AN
ACT PROVIDING FOR THE MODERNIZATION, STANDARDIZATION AND REGULATION OF
THE PROCUREMENT ACTIVITIES OF THE GOVERNMENT AND FOR OTHER PURPOSES,"
ON INVITATION OF NON-GOVERNMENT ORGANIZATIONS AS OBSERVERS IN THE BIDS
AND AWARDS COMMITTEE PROCEEDINGS

Pursuant to Section 13, Article V of Republic Act (RA) No. 9184 and its Implementing Rules and
Regulations (IRR), all heads of National Government agencies, government-owned and
controlled corporations, and local government units are hereby reminded to invite, in all stages of
the procurement process, in addition to the representative of the Commission on Audit, at least
two (2) observers to sit in Bids and Awards Committee (BAC) proceedings, one (1) from a duly
recognized private group in a sector or discipline relevant to the procurement at hand, and the
other from a non-government organization (NGO), in order to enhance transparency of the
procurement process.

Issued this 13th day of August 2004
By authority of the President:
(Sgd.) ALBERTO G. ROMULO
Executive Secretary


     
     In the light of the above facts, it is not for us to pass judgment on people and personalities involved in the
     controversy but to make the public aware of the complexities on issues involving government purchases .If
     there is failure of the BAC  to follow the prescribed bidding procedures there is a remedy provided for by law
     under Sec.41of the IRR which is to declare the bidding a failure and not award the contract and start the process
     clean and free from suspicions of any irregularity. The records show that the bidding as conducted lacked the
     competitive spirit of an open competition as there were only a few bidders and only one bidder for the entire
     list of equipment.

     The Implementing Rules and Regulations of RA 9184 (The Government Procurement Act) are procedural
     in nature and carefully address in detail the different situations relative to procurement. The  law is meant to   
     ensure transparency all throughout the process with the aim in view of  getting what is most advantageous to
     the government without restricting, suppressing, stifling or nullifying competition.

     Lest we be accused of obstructing the delivery of basic services to our provincemates, it is not our intention to
     derail the purchase of these heavy equipment but to ensure that the public interest is protected  amidst some
     serious questions on the conduct of the bidding.We cannot just let these things pass and allow haste in the use
     of valuable taxpayers’ money to be simply swept under the rug.

     In the course of our study we uncovered  and discovered some interesting facts.The Province a few years back
     had already bought some P50-60M worth of heavy equipment. If these aren’t enough then perhaps, a little delay
     to rectify the current purchase of additional equipment would not hurt its road maintenance capabilities or
     would it,considering that these equipment bought brand new are still serviceable and up to par ?

    Incidentally, one of the perceived favored parties to this bidding, has been involved in a Senate inquiry into the
    P 1.5B alleged rigged bidding of heavy equipment conducted by the NIA head office in Manila. Similar
    allegations of abbreviated time periods in the conduct of issuance of bid documents were raised.

    Quite interestingly this same company figured in the controversial overpriced purchase of  a backhoe by the
    Provincial Government a couple of years ago which resulted in a generous donation of goods to poor Boholanos
    by the grateful supplier.

    In the wake of controversies hounding our present government and perceived anomalous disbursements of
    public funds, we call on our fellow Boholanos to be more vigilant and our public officials not to play deaf and
    dumb to the clamor for transparency and accountability.

    TAMA NA SOBRA NA ANG CORRUPTION IN GOVERNMENT!
   
    It’s time we start cleaning our own backyard. 













ON ALLEGATIONS THAT SPECIFICATIONS FAVOR A PARTICULAR BRAND

Republic of the Philippines
Province of Bohol
City of Tagbilaran

PROVINCIAL MOTOR POOL OFFICE

EQUIPMENT SPECIFICATION

BRAND NEW DUMP TRUCKS (6 WHEELERS)
(Specifications (Minimum Requirements)

Engine                       :  6 cylinders diesel engine with in line, direct injection, watercooled, turbo-charged     
                                      intercooler
Power Output            :  205 horsepower
Dump Capacity         :   5 cu. m
Wheels/Tires             :   10.00 x 20 14 ply rating
Equipped With          :   Parts book, operations manual, standard tools, spare parts/filters for first service and stereo 
                                      cassette AM/FM radio, power steering system
Warranty                   :   Free (1) year on parts and services and must have an accessible service center in
                                      Tagbilaran City or Cebu City

                                      Winning Bidders shall provide trainings to operators, drivers and maintenance personnel of
                                      the end- user.
                                      Standard tools for Dump Truck  : Hydraulic Jack and Tire Wrench.


Prepared by:
(Sgd.)  ABRAHAM D. CLARIN                              (Sgd.) EDWIN T. VALLEJOS
           Department Head                                                      Provincial Engineer
   Provincial Motor Pool Office                                             Provincial Engineer’s Office
                                                             
                                                                                                                             
ENGINE SPECIFICATIONS OF THE FAVORED BRAND (NISSAN PKB210 SERIES)

Make and Model                                               NISSAN DIESEL MOTOR, FE6T
Type                                                                 4-cycle, direct injection, water-cooled, turbo-charged, diesel engine
Number of Cylinders                                       6
Bore x Stroke                                                   108x126mm
Total Piston Displacement                               6,925cm3
Max. Output (JIS)                                            151 kW (205 PS) at 2800 rpm
Max. Torque (JIS)                                           579 N.m (59kgf.m) at 1700rpm
Max. Engine Speed                                         3200 rpm
Compression Ratio                                          17.5
Lubrication System                                         Forced feed by gear pump
Cooling System                                               Forced circulation by centrifugal water pump

ENGINE SPECIFICATIONS OF ANOTHER BRAND (MITSUBISHI FUSO FP517 SERIES) FOR COMPARISON

CHASSIS MODEL                                         FP517 SERIES                     
Engine Model                                                  MITSUBISHI FUSO 6D24-0A
Type                                                                 4 stroke-cycle, water-cooled direct injection diesel engine
No. of Cylinders                                               6  in line
Bore x Stroke                                                   130mm x 150 mm (5.12 in. x 5.91 in.)
Piston Displacement                                        11.945 L (729 cu. In.)
Compression Ratio                                          19.5:1
Max. Output                                                    177 kW (240 PS) (JIS)
                                                                        170 kW (231 PS) (DIN)
                                                                        174 kW (233 hp) (SAE, Gross)
                                                                        at 2,200  rpm (36.7 r/s)(1)
   


EXCERPTS FROM THE MINUTES OF THE PRE-BID CONFERENCE ON JANUARY 23, 2009

“Engr. Clarin read the specifications of the eight ( heavy equipment to be procured amounting to One Hundred Sixty Eight Million Two Hundred Ninety Six Thousand Pesos (P168,296,000.00). He emphasized that the technical specifications provided are the minimum requirements. He added that the Provincial Motor Pool at present has no fuel tanker and water truck. He further added that he preferred units the same with the existing units presently used in order to have possibility of cannibalizing some parts of the existing units in case the new units will bug down.”………….


“Engr. Vallejos said that the office has some existing units of the heavy equipment and they have proven that the performance and services of the said equipment are good. He added that it was being emphasized by the Governor to utilize some parts of the existing equipment in case the new equipment will bug down. He further added that being the end-users they have the preference to choose the units which has the same quality & specifications with the existing ones.”…….

“Atty. Namocatcat clarified that despite the preference of the end-users, it does not preclude suppliers to offer another brand of better quality than the existing ones.”…………..

“Engr. Vallejos said that the minimum specifications are already fixed and we cannot go down with the specifications being provided.”     

Very well said. Keep up the crusade!

We wish to contravene the following assertions and misleading interpretations of the law, particularly the IRR-A (Implementing Rules and Regulations as Amended Governing Local Purchases) of RA 9184 otherwise known as the Government Procurement Act, made by the Provincial Legal Counsel.

But first of all allow us to point out the rationale behind a public bidding. It is the mode of procurement mandated by law to procure goods and services and infrastructure projects by government which requires transparency in its processes.

To allow this, a wide dissemination of bid information and competitiveness by extending equal opportunity to eligible parties who are qualified to participate are encouraged. Any attempt to subvert, restrict or nullify competition by way of collusion and other means is seen as an affront to the whole idea of competitive public bidding and taken to mean a failure of the whole process.

As we wish to point out, we are questioning the procedures adopted by the BAC (Bids and Awards Committee) in the manner of implementing this contract which we have seen to be tainted with infirmities that undermine the whole bidding process.


1. On the period set from the first day of advertisement up to the opening of bids

The argument put forth by the Provincial Legal Counsel is totally missing the point. We do not wish to question the periods set forth in the IRR as they are very clear.

What we would like to stress however is let them interpret this provision in the IRR under Rule VI Sec 17.5 which states” Prospective bidders shall be given ample time to examine the bidding documents and to prepare their  respective bids. To provide ample time, the concerned BAC shall promptly issue the bidding documents for the contract at the time the Invitation to Apply for Eligibility and to Bid is first advertised.” any which way they can..

The IAEB (Invitation to Apply for Eligibility and to Bid)   was first published and posted in the Provincial Government website on January 7, 2009. It is very clear from the schedules given in the said publication and posting that the issuance of bid documents was set for January 23, 2009. (Annex A) Is this not a clear contravention of the aforecited section and rule in the IRR?

According to the BAC even as the issuance  of bid documents was set on January 23, 2009 it does not mean that the documents were not available to the bidders right after the IAEB was first posted or published. They went further to say that two prospective bidders were able to secure bid documents and that complainant did not bother to ask.


In a desperate effort to cover up their shortcomings , the BAC is confusing the public with a clever use of semantics. But who are they trying to fool if not themselves? It does not take a clever Tom, Dick or Harry to understand what the law simply states and to quote” the concerned BAC shall promptly issue the bidding documents for the contract at the time the IAEB is first advertised”.

The IRR does not say make available but issue promptly. It is very specific and cannot be interpreted any other way no matter which way you try to distort it. To make available and issuance in this sense are inter related.

What can you issue if it is not available and why not issue if indeed it is available. This defies logic and perhaps the BAC people are so distorted in their interpretation of things that they cannot distinguish fact from fiction. But of course, the advertisements and postings say it all. They are contradicting themselves in their frail effort to hide their incompetence.

Corollary to this issue according to the BAC is  that  two prospective bidders were able to secure bid documents. But a question arises as to when did this two get their documents? Who are these two? Are they not  suppliers  who had previous supply contracts with the same end-user before? Was it before the schedule of issuance or after the prebid conference?

If they were able to get these documents before the  posted  schedule, how could this be when the advertisement clearly stated otherwise and the cost for these documents were only established at the time of the pre-bid?

In previous pronouncements, the BAC Chairman said they did so, after the pre-bidding and she cited this to prove her claim that since these two bidders were Manila based, they could have learned about this because the publications chosen, specifically Sunstar Daily ( Cebu ) and Cebu Daily News had a nationwide circulation.

Again this brings us to another issue.


2. On the selection of newspapers where the IAEB was published

In the IRR particularly Sec.21.2.1 “Except as otherwise provided in Sections 21.2.3 and 21.2.4 of this IRR-A and for the procurement of common-use goods and supplies, the Invitation to Apply for Eligibility and to Bid shall be:
a)  advertised at least once in one (1) newspaper of general nationwide circulation which has been regularly published for at least two (2) years before the date of issue of the advertisement.”


The Provincial Legal Counsel argued that upon further verification it is established that Sunstar Daily has circulations in Metro Manila, Davao City and some parts of the Visayas and that Cebu Daily News being an affiliate of the Phil. Daily Inquirer is circulated in the Provinces of Oriental Negros, Bohol and Zamboanga del Norte.

You may perhaps find this explanation quite amusing for we all know this for a fact. This needs no further verification for undisputedly if you are nationwide you are physically circulated all throughout the Philippine Archipelago.
 
A few days ago, Complainant’s  Counsel was interviewed by Sunstar Daily Cebu and a news report appeared in the CDN (Cebu Daily News).Perhaps by now this controversy may have gained nationwide prominence if we go by the Provincial Legal Counsel’s arguments. It is also interesting to note how the whole country must have shrunk because by his  own  rationale, citing a few provinces and some parts in the Visayas, this concept has now become nationwide.

The reporters who interviewed Counsel were amused at the fact that their respective news outfits were now elevated to the status of having a nationwide circulation from Aparri to Jolo for that matter.

Let it be known to the public that Sunstar Daily is more aptly a regional paper, it having sister publications like Sunstar Davao or Cagayan de Oro. What is published in Sunstar Daily Cebu is not the same in Davao and more obviously Notices or Invitations for Bids can only be read where it is particularly published. The same goes for the CDN which is a sister paper of the Inquirer. 

Again this is pure deception to the public and a  lame attempt to circumvent the law to tailor suit the BAC’s  perception of things, which pattern, we have clearly seen from the very start of the bid proceedings. The IRR is very clear yet by clever interpretations we are led to believe that such is the intent of the law. But we need not argue further.

3. On the period of making available the bid documents

This point and the first point raised are closely related .However Atty. Lagunay  argued   further that  upon  carefully  reading the letter complaint of counsel there was no allegation that the complainant ever asked for the bid documents.

Once more this is a frail attempt to hide the issue. Inquiries were made verbally through phone calls to the BAC Secretary and  the information relayed was  that bid documents were not yet ready and would only be available on the scheduled date after the pre-bidding as advertised. But again this is the real non-issue and not as what the Provincial Legal Counsel would like to downplay.

Important issues mandated by the IRR were not tackled as shown by the minutes  (Annex B)of the pre-bid   which we were able to secure a long time after the conference in  violation of the IRR, Sec. 22.3 which states:
“The pre-bid conference shall discuss, among other things, the technical and financial  components of the contract to be bid, and ,for the procurement of goods, the eligibility requirements. The minutes of the pre-bid conference shall be recorded and made available to all participants not later than three (3) calendar days after the pre-bid conference.”


Atty. Lagunay emphasized that it is only natural that such issues asking for clarifications would crop up during a pre-bid conference. Quite true, but what is unusual and highly irregular in this instance is that bid documents were made available only after the pre-bid as shown by the schedules posted and published.

How on earth can we expect a detailed and thorough discussion of essential issues relative to the bidding when the attending bidders did not yet have the bid documents in their possession? As a matter of fact and it is in the minutes, it was only then that it was decided that the cost of documents will be based on the schedule of fees provided by Provincial Ord. 2004-21  (Annex C) .


Again this is in contravention of the specific provisions of the IRR Sec. 21.1 “ Contents of the Invitation to Apply for Eligibility and to Bid. The Invitation to Apply for Eligibility and to Bid shall provide prospective bidders the following information among others:
6.  The period of availability of the bidding documents, the place where the bidding documents may be secured and, where applicable the price of the bidding documents;”
.


4.  On  the minimum specifications of the equipment.

We beg to disagree with the Atty. Lagunay that the way the specifications were presented by the end -user is not expressing preference at all.

Again let me bring you back to the minutes of the pre-bid conference wherein to quote ”  Engr. Vallejos said  that the office has some existing units  of  the heavy equipment and they have proven that the performance and services  of the said equipment are good. He added that it was being emphasized by the Governor to utilize some parts of the existing equipment in case the new equipment will bog down. He further added that being the end-users they have the preference to choose the units which have the same quality and specifications with the existing ones.”

What preference if at all is he talking about? Although it can be argued that the specifications are descriptive and not restrictive as the BAC Chairman pointed out, and  as  Atty. Lagunay opined  that preferred specifications and preferred brands  are  not the same, it can  be shown as we  dissect this clever use of terminologies that indeed they are analogous.

A particular equipment type or model is best described by its specifications. For example, the length of its track the horsepower rating of its engine, the size of its bucket, and the width of its blade among other descriptions would refer to a particular model without even mentioning names. The more you go into details and particulars such as specifying a turbocharger for the engine, the more you are restricting it to suit a particular model in the market because not all engines are turbocharged.

When hiring a waitress for example, by indicating 18-25 years old for age requirement, you are not restricting your choice. But qualifying it at 18 years of age would be restricting it. Thus to set the minimum requirements or specifications would be to set a range.

To level the playing field it would be more appropriate to state engines from 150-180HP, a track length of 3,850mm â€" 4,458mm and so on and so forth. Without losing preference for your desired specifications you are allowing a range of options and opening it to more competition with the aim in view of choosing what is most advantageous to the government


The minimum specifications as spelled out by the end-user fall short of describing in detail a particular brand of equipment. (Annex D- Minimum Specifications for a Hydraulic Excavator). Coupled with the end-user’s statements during the pre-bid conference one cannot help but suspect that the minimum requirements are tailor-suited to a particular make or model. A very clever way once again of circumventing the law on naming brands but hardly fool proof !



5. On the allegation that the bidding is rigged

Thus far we have shown the infirmities and procedural lapses that  undermine  the bidding process. Whether these are deliberate or not are subject for further scrutiny but circumstantial as they may seem one cannot help but question the entire proceedings which from the very start are seriously flawed.

We begin by citing these apparent violations of the IRR

I. Rule VI ,  Sec. 17.5

Why can’t the BAC expressly adhere to the provisions of the IRR  as
mandated  by law? The time from the issuance to the time of dropping of bids
is  tight. As shown in the website for postings of the BAC there seems to be a pattern.

To mention a few,  biddings for small projects follow this section to the letter but projects of a much bigger amount and which  generated some controversy in its implementation  like the Delivery of Isuzu Crosswind Vehicles to the SP and Purchase of Agricultural Supplies for Bohol Fertilizer Assistance Project as well as this 168M Heavy Equipment Purchase do not.

II. Sec. 13 Observers
               
13.1 “To enhance the transparency of the process, the BAC shall, in all stages of the procurement process, invite, in addition to the representative of the COA, at least two (2) observers to sit in its proceedings:”


This section goes on to state the qualifications of the observers, where they should be taken from as well as their functions. But we believe that this was not the case for this bidding. The minutes of the pre-bid would bear us out as well as for the other proceedings.

This provision on transparency is not to be taken lightly  because a Memorandum Order No. 144 by no less than the President of the Philippines urges all government entities to faithfully comply
with it.

III.Sec.21.2.1-Advertising in a Newspaper of General Nationwide Circulation

IV. Sec.21.1   - Contents of the Invitation to Apply for Eligibility and to Bid

V. Rule I, Sec 3 (a) and (b)
(a)   â€œTransparency in the procurement process and in the implementation of procurement contracts through wide dissemination of bid opportunities and participation of pertinent non-government organizations.
(b)   â€œ  Competitiveness by extending equal opportunity to enable  to enable private contracting parties   who are eligible and qualified to participate in public bidding. “



6. Company Profile of Kowa Tsusho

It seems odd that the Provincial Legal Counsel would go to extra lengths to research Kowa Tsusho’s website and categorically state and condition the minds of the public that were it to bid on the project it would have been disqualified anyway.

This would be the height of presumptuousness. The company is not only disenfranchised from participating in the questioned bidding because of the  time constraint ,which is why it is complaining, but is now the object of an apparent effort to discredit it.

Anyone knows in this day and age that a website does not necessarily state a company’s stature. It is quite amazing that they have disqualified the company despite being unable to bid and submit its documents. Is it being persecuted for being a whistleblower, inviting public attention to this apparent wrongdoing and effort to subvert the bidding process?

The BAC could not wait to finish this project and implement it in haste disregarding the safeguards intended by the IRR for the Government Procurement Act.

Why are they afraid to let competitive bidders enter the bidding? The Procuring Entity is vested with broad powers that it can reject any and all bids, waive any defects or informality of the bid proposals received and  accept the offer it deems most advantageous to the government.





7. Formal Protest
 
Once again the Provincial Legal Counsel is downplaying the legitimacy of our grievances by subjecting it to a test of mere technicalities. This  obviously  is quite beside the point.

Are the issues raised not legitimate enough to merit even a closer look? Specific provisions of the IRR were violated en toto and yet the powers that be are playing deaf and blind, closing ranks to condemn the complainant and treat it as a sore loser when it is not?

We have only cited the flaws in the process and as sure as the sun rises in the east we will eventually get to an overpriced purchase at that.



8. Recommendation

We have painstakingly shown , there has  been a pattern of violations and utter disregard for the IRR. We cannot help but conclude that the bidding process was restricted, suppressed and nullified by such acts. Open competition was stifled and as a result the whole process has failed.

In the light of all these, we sincerely urge the Provincial Leadership to reconsider its decision of going ahead with the planned purchase.

In the interest of transparency and being sensitive to public accountability, they should reevaluate the bidding process they have adopted and strictly adhere to the IRR of the law.

Sec.  41.      Reservation Clause
41.1   â€œThe procuring entity reserves the right to reject any  and all  bids declare a failure of bidding ,or not award the contract  in the following  situations:
a)   If there  is prima facie evidence of collusion between appropriate  public officers or employees of the procuring entity, or between the BAC and any of the bidders, or if the collusion is between or among  the bidders themselves, or between a bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition;
b)   If the BAC   is found to have failed in following the prescribed bidding procedures “

The results of the bidding have shown that with only a handful of bidders it is not a showcase of an open and well disseminated competition. Does it serve  the best interest of the government? This we seriously doubt for government should be of laws rather than of men.