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Sen. Juan Ponce Enrile’s severe treatment of the representatives
of the Joint Foreign Chambers of Commerce (JFCC) elicited at least
two views.
According to one view, the senator’s perceived
“bullying” of the JFCC leaders was a manifestation of Enrile’s
patriotism. The other view is that Enrile’s treatment of the
foreign investors—invited to the Senate as guests—was merely
part of an “undeclared war against the business sector.”
Regardless of which view is correct, it is
important for President Gloria Arroyo to reexamine the overall
approach that her allies are taking in dealing with the business
community. The seething hostility her allies are showing toward
business groups and business leaders is baffling, to say the least.
It can only jeopardize the President’s effort to promote
investments in the country.
The dressing down that Enrile gave the JFCC
“resource persons” was only one symptom of the
administration’s evident rage at the private sector. The treatment
given to the Philippine Chamber of Commerce and Industry was
another. Then, there was Government Service Insurance System
President Winston Garcia’s description of the Makati Business Club
as “parrots.” These outbursts reflect the presidential allies’
agitated emotional state when dealing with business groups that do
not share their style and views.
Maybe, the presidential allies should help the
public understand once and for all where their disturbing display of
indignation comes from—and what they hope to accomplish by it.
If their aim is to portray the administration as
“populist,” then the effort is obviously a flop. The GSIS
rampage against Manila Electric Company and Meralco’s controlling
owners reinforce the impression of an anti-business administration.
However, GSIS is also alienating large numbers of government
employees and pensioners who worry over the dwindling value of their
contributions in the pension fund.
That the presidential allies’ apparent rage
toward the business community has been escalating gives the entire
nation good cause to worry. Where will all this lead to?
Following the scolding of JFCC officials by
pro-administration senators Justice Secretary Raul Gonzalez issued a
ruling that has made the private sector even more apprehensive. The
Department of Justice (DOJ) boss recently waived the P8.9-million
filing fee for the multimillion-peso estafa (fraud) lawsuit that the
self-styled consumer group Nasecore filed against Meralco.
Ordinarily, plaintiffs like Nasecore are
required to file a fee equivalent to 10 percent of the damages they
are seeking from respondents such as Meralco in order for the
justice department to entertain their complaints. However, Gonzalez
said he waived the filing fee because there was no way that Nasecore
could afford it—raising many an eyebrow in the process for two
reasons.
First, Nasecore—per the revelation made by
Rep. Monico Puentevella of Negros Occidental at a recent convention
of the Integrated Bar of the Philippines in Naga City—received the
handsome sum of P10 million from the government, thanks to Electric
Power Industry Reform Act (Epira).
Second, would Gonzalez similarly waive filing
fees for other groups if the respondents were, say, National Power
Corp. or GSIS?
Gonzalez’s ruling exempting Nasecore from the
mandatory filing fee risks the suspicion that it is part of a grand
conspiracy against the business community.
Gonzalez also announced that he is tapping a
Cagayan de Oro-based regional state prosecutor, Jaime Umpa, to head
the preliminary investigation of the case. According to the DOJ
chief, appointing a prosecutor from outside Metro Manila to handle
the Nasecore complaint would “remove perceptions of bias against
Meralco,” which is run by the Ilonggo Lopez family.
The problem is that Gonzalez’s twin moves
merely strengthened perceptions that the administration, indeed, has
an axe to grind against Meralco. It may be better for the DOJ boss
and other officials to exercise some candor here. If the aim is to
wrest control of Meralco from the Lopezes and if the move requires
exempting Nasecore from the filing fee and appointing Umpa, then
they should say so outright. The public will understand.
Gonzales’s decision to appoint Umpa to the
Nasecore case does not demolish the perception of bias. On the
contrary, business leaders were quick to recall that Umpa was once
an assistant fiscal of Iloilo who chaired a special prosecution
panel created by Gonzalez.
That panel was instrumental in the filing of
cases against the DOJ chief’s political rivals in Iloilo—including,
Gov. Niel Tupas Sr. who had complained that the charges filed
against him and others by the Iloilo Provincial Prosecutors Office
was “part of Secretary Gonzalez’s politics.”
Unfair or not, Umpa has been dubbed as a
“Gonzalez errand boy.” The perception is that Umpa does what
Gonzalez says—an impression that the DOJ chief might want to move
quickly to dispel.
Another source of private sector worry is the
fact that among those Umpa is set to prosecute is a son Rep. Arthur
Defensor Sr. of Iloilo, lawyer Arthur Defensor Jr., one of the
Meralco directors named in the Nasecore complaint. The younger
Defensor is reportedly a godson of Tupas’. Is Iloilo politics
again at play here?
Yet another question begs asking: Is Umpa the
only “impartial” prosecutor in the entire archipelago? Why not
the regional prosecutor of, say, Northern Luzon or Bicol? Why
appoint Umpa, the former Iloilo assistant fiscal?
Is this really about “impartiality”? Or is
this yet another manifestation of the administration’s implacable
anger at the business community?
The President’s allies should answer these
questions—as soon as they settle down. That is, if they can.
dansoy26@yahoo.com
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