FDC-Iloilo condemns ICPO harassment, arrests during Dinagyang

Press Statement
Freedom from Debt Coalition (FDC) – Iloilo
Contact Person:
Ted Aldwin Ong, Secretary-General @ 0915-7747413
Telefax: 509-0051, Email: fdciloilo@gmail.com / ted.fdciloilo@gmail.com

FOR IMMEDIATE RELEASE
28 January 2008

FDC-Iloilo condemns ICPO harassment, arrests during Dinagyang

The Freedom from Debt Coalition condemns the arrests effected by the personnel of the Iloilo City Police Office under the command of Major Conrad Carganillo to five (5) of our members and the harassment and intimidation of our members by his team at the height of the Dinagyang mardi gras festival Sunday afternoon, January 27.

The organizations under FDC has been joining the Dinagyang festival for the last 10 years with the “Worker’s Tribe” to celebrate the festivity by bringing our calls and demands and campaigns and advocacy to the fore of the Ilonggo public in order to raise the public’s awareness on issues that has significant impact to their lives as citizens and taxpayers.

This year we hoisted the call to STOP TOXIC WASTES TRADE! JUNK JPEPA! JUNK SEN. MAR ROXAS!

We believe Sen. Roxas is betraying the Filipino people by pushing for the ratification of the Japan-Philippines Economic Partnership Agreement (JPEPA). Facts reveal that no less than Sen. Roxas have expressed concerns that the Philippines has minimal inherent gains in the JPEPA yet still he is aggressively pushing for the ratification of the Treaty.

Likewise, we believe that JPEPA violates the right of Filipino workers, thus anti-workers, and will give way for the entry of Japan’s toxic wastes to Philippine shores. As we have filed our petition before the Senate Committee on Foreign Relations, we believe that it is our duty to as a campaigns organization to inform the public on the grave impact to the Filipino people once we permit this Treaty to be ratified.

The Dinagyang mardi gras is one such opportunity. By all accounts, the members of FDC were peacefully parading bringing streamers, Chinese banners and flags in front of the symbolic Freedom Grandstand together with other groups when Maj. Carganillo singled-out FDC, approached its members and demanded for a copy of a parade permit. A requirement that is unnecessary during the mardi gra.

Further. Maj. Carganillo demanded that we put down our streamers and banners if we wish to continue with the parade – a request that our group granted.

However, as the group was already moving around a block away, the mobile patrols of the Iloilo City Police Office blocked our way with Maj. Carganillo effecting forceful arrests to our members, whisking them to Police Precinct 1 for negotiation citing we violated the agreement – a claim that is clearly a fabrication.

Since no formal complaint was leveled against FDC members, we assert that it was a violation of our basic human rights and of our rights to free expression. We criticize the higher authority of the local PNP by tolerating its officers’ acts of harassment and intimidation towards the members of FDC. This is clearly an abuse of power by the local police.

Lastly, we deplore Maj. Carganillo and what he revealed as a high profile politician behind the orders that FDC be taken out of the streets on grounds that our slogans are embarrassing to politicians and tourists.

We believe that the harassment, intimidation, sabotage and abuse of authority by the local police and by stifling the voices of the people is more than just embarrassing, it is stupid and condemnable. ###

FDC In The News: Motion for Reconsideration filed before the Supreme Court

Malaya
29 January 2008
http://www.malaya.com.ph/jan29/metro2.htm

NGOs appeal SC’s junking of case on water firms’ profit margin
By Evangeline de Vera

NON-government organizations yesterday asked the Supreme Court to reconsider its previous ruling upholding the validity of two resolutions of the Metropolitan Waterworks and Sewerage System (MWSS) which declared that Maynilad Water Services and Manila Water Co. are not public utilities and are thus exempt from the 12-percent profit margin limitation.

In a motion for reconsideration, petitioners Freedom from Debt Coalition (FDC), Akbayan Citizen’s Action Party, Alliance of Progressive Labor (APL) said the ruling of the SC would pass on to consumers the two water concessionaires’ corporate income taxes.

Assailed by petitioners are the MWSS Board Resolution No. 2004-2001 and MWSS-Regional Office (RO) Resolution No. 04-006-CA, which classified Manila Water (for the east zone) and Maynilad Water (for the west zone) as mere agents and exempt from the 12-percent profit margin limitation under Section 12 of the MWSS Charter.

[READ MORE]

GMANews.TV
http://www.gmanews.tv/story/78321/SC-asked-to-reconsider-rule-favoring-Manila-Water-Maynilad#

SC asked to reconsider rule favoring Manila Water, Maynilad
Article posted January 28, 2008 – 06:38 PM

At least three non-government organizations on Monday asked the Supreme Court to reconsider its ruling exempting the Manila Water Company, Inc. and Maynilad Water Services Inc. from the 12-percent profit limit under the Charter of the Metropolitan Waterworks and Sewerage System (MWSS).

In a five-page motion for reconsideration, the Freedom from Debt Coalition, Akbayan Citizen’s Action’s Party, and the Alliance of Progressive Labor claimed that the high court’s ruling would burden consumers, because Manila Water and Maynilad’s corporate taxes would be indirectly shouldered by end users.

Earlier, the MWSS issued two resolutions stating that its two concessionaires — Manila Water and Maynilad — were not public utilities, and thus exempted from the 12 percent profit limit. The resolutions were upheld by the Supreme Court.

[READ MORE]

Inquirer.Net
Breaking News / Metro
http://newsinfo.inquirer.net/breakingnews/metro/view/20080128-115321/SC-asked-to-reconsider-ruling-on-MWSS-row

SC asked to reconsider ruling on MWSS row
By Tetch Torres
INQUIRER.net
Posted date: January 28, 2008

MANILA, Philippines — Cause-oriented groups, led by the Freedom from Debt Coalition, (FDC) have asked the Supreme Court to reconsider its ruling dismissing their petition over the the Metropolitan Waterworks and Sewerage System (MWSS) resolution concerning the rate of return of investment.

The FDC, together with Akbayan Citizens’ Action Party and the Alliance of Progressive Labor (APL), told the high court that their petition was not a case of “contesting the rates or fees of water or sewerage services.”

As such this does not fall within the exclusive original jurisdiction of the National Water Resources Board (NWRB).

“What we submitted last June 2006 was a petition to annul two MWSS resolutions which declared the two water concessionaires —Manila Water Company, Inc. (MWCI) and Maynilad Water Services, Inc. (MWSI) — as ‘mere agents’ and not as public utilities,” said FDC vice president Edwin Chavez.

“We are not contesting the rates granted by the two MWSS bodies to the water companies, but the legal validity of their declaration that these water concessionaires are not public utilities. We firmly believe they are public utilities,” Chavez said.

[READ MORE]

On 2008 NG budget, illegitimate debt, pork barrel, and repeal of automatic debt service provision

PRESS STATEMENT
Freedom from Debt Coalition
11 Matimpiin St., Brgy. Pinyahan, Quezon City 1100
Tel. No.: +632 9211985; Telefax: +632 9246399
Email: fdc_media@yahoo.com
Contact persons:
Lidy Nacpil, FDC Vice President, @ 0917-8800410
Bobby Diciembre, FDC media bureau, @ 0920-9059856

FOR IMMEDIATE RELEASE
28 January 2008

FDC Statement on the 2008 National Government Budget, Illegitimate Debt Payments, Pork Barrel, and Repeal the Automatic Appropriations Law

As the 14th House of Representatives resumes it session today to ratify the proposed 2008 National Government Budget, the Freedom from Debt Coalition (FDC) welcomes reports that the final version of the Budget bill retains the special provision suspending interest payments on “debts which are challenged as fraudulent, wasteful and/or useless…”  This is a critical and historical provision that represents a major step forward in our fight against illegitimate debt.

However, the Coalition expresses its extreme disappointment with the Bicameral Conference on the 2008 Budget for its lack of transparency for not relaeasing the details of the Budget bill before it is presented for ratification. Does this indicate an intent to avoid scrutiny of possible controversial pork barrel allocations before the Congress passes the bill?

The Freedom from Debt Coalition has consistently called for the end of the practice of using public funds for political patronage. And one of the laws that makes pork barrel insertions possible is the Automatic Appropriations Law.

Congress is not allowed to increase the total amount of the Budget as proposed by the Executive. We have been told that it had been a practice in the past that the amount for debt payments proposed by the Executive are reduced by Congress and is used by some legislators as an opportunity or means to increase their pork barrel allocations, knowing very well that no matter the amount indicated in the Budget the debt service that is due will still be fully paid because of the Automatic Appropriations Law.

It is a tragic and cruel irony that a good thing (reduction in allocations for debt payments) can be used to make a bad thing (increase in pork barrel funds) possible. And all because of the Automatic Appropriations Law for debt service.

The Automatic Appropriations Law for debt service threatens even the historic inclusion in the 2008 Budget bill of the special provision suspending payments to anomalous debts.

We have no illusions about the 2008 Budget bill. Even without being privy to the final details, based on the previous versions and the deliberation we can foresee that once again the Budget will still be weighed down with wrong priorities and will still be highly vulnerable to patronage politics because of congressional pork barrel allocations. It provides for an even bigger Presidential pork barrel due to the colossal amounts of unprogrammed funds under the discretion of the President.

While theoretically the power of the purse resides with the Congress, the principal responsibility for the design of the budget lies with the President who practically dictates the program allocations. Further the budget is also held hostage by international and domestic lenders because of the automatic appropriations for debt service. Allocations to much needed social spending like education and health while have been increased are still under the shadow of debt payments which continue to take the larger slice of the fiscal pie.

Clearly basic political reforms must be effected in order to ensure a National Government Budget that is truly responsive to the needs and interest of the poor and exploited, who comprise the majority of Filipinos.

An immediate challenge is the REPEAL of the AUTOMATIC APPROPRIATIONS LAW FOR DEBT SERVICE. ###

SC asked to reconsider decision on petition to annul two MWSS resolutions

At around 1:30 this afternoon, the Freedom from Debt Coalition, et al, filed a motion for reconsideration of the Supreme Court’s decision regarding our petition to invalidate two MWSS resolutions that declared Manila Water and Maynilad as ‘mere agents’ and not as public utilities. FDC vice president Edwin Chavez led our small contingent. Fortunately, we had a full media coverage.

PRESS RELEASE
Freedom from Debt Coalition
11 Matimpiin St., Brgy. Pinyahan, Quezon City 1100
Tel. No.: +632 9211985; Telefax: +632 9246399
Email: fdc_media@yahoo.com
Contact persons:
Edwin Chavez, FDC vice president, @ 0920-9607084
Bobby Diciembre, FDC media bureau, @ 0920-9059856

FOR IMMEDIATE RELEASE
28 January 2008

SC asked to reconsider decision on petition to annul two MWSS resolutions

Leaders of the Freedom from Debt Coalition (FDC), the Akbayan Citizens’ Action Party and the Alliance of Progressive Labor (APL) today filed a motion for reconsideration of the Supreme Court’s decision on the petition to annul two Metropolitan Waterworks and Sewerage System (MWSS) resolutions that violated existing laws and jurisprudence on public utilities.

The groups stressed that the two MWSS resolutions—Resolution No. 2004-201 of the MWSS Board of Trustees and Resolution No. 04-006-CA of MWSS Regulatory Office—resulted in:
• The exemption of MWCI and MWSI from the 12 percent profit margin limitation under Section 12 of the MWSS Charter;
• The passing on to unsuspecting consumers their corporate income taxes;
• The refusal to extend their services to anyone within their jurisdiction; and,
• The exemption, in effect, from the provisions expressed in Article XII, Section 11 of the 1987 Constitution, which limits foreign ownership of public utilities to at most 40 percent.

In their motion, the groups argued the petition is not a case “contesting the rates or fees of water or sewerage services” and as such does not fall within the exclusive original jurisdiction of the National Water Resources Board (NWRB).

“What we submitted last June 2006 was a petition to annul two MWSS resolutions which declared the two water concessionaires—Manila Water Company, Inc. (MWCI) and Maynilad Water Services, Inc. (MWSI)—as ‘mere agents’ and not as public utilities,” said FDC vice president Edwin Chavez.

“We are not contesting the rates granted by the two MWSS bodies to the water companies, but the legal validity of their declaration that these water concessionaires are not public utilities. We firmly believe they are public utilities,” stressed Chavez.

Last December 10, the High Court en banc junked the petition filed by FDC, Akbayan, APL and other petitioners—representatives Joel Villanueva, Eduardo Zialcita, and Risa Hontiveros-Baraquel; former representatives Mario Aguja and Renato Magtubo; and, individuals Ma. Theresa Diokno-Pascual, Mary Ann Manahan and Patrocinio Jude Esguerra III.

In a 13-page decision penned by Associate Justice Angelina Sandoval-Gutierrez, the Supreme Court said the petitioners failed to first avail of the appropriate remedy by appealing the resolution with the NWRB, and to include two indispensable parties, MWCI and MWSI.

“The concessionaires are not indispensable parties to the petition,” argued the groups in their motion.

“While it may be true that the decision will have some effect on them, our petition is anchored on the ground that pertinent statutes and jurisprudence were contradicted by the assailed resolutions issued by the MWSS Board of Trustees and Regulatory Office,” said Chavez.

“We believe that our petition raises Constitutional issues and is imbued with public interest,” said Chavez.

The groups argued that while the Constitution itself does not provide a definition of public utilities per se, it nonetheless establishes a framework concerning public utilities under Section 11, Article XII, which prescribes certain requirements for their operation, e.g. equity requirements, takeover by the State under certain conditions, and the like.

They claimed that the assailed resolutions have the direct effect of removing the Concessionaires from the coverage of this constitutional provision, in detriment to the rights and interests of the Petitioners, and the general public. ###