Category Archives: SPECIAL REPORT

DOJ THROWS OUT ALVAREZ CASE VS. TADECO


AGUIRRE DUMPS SPEAKER’S REQUEST TO DECLARE TADECO-BUCOR-DAPECOL LAND DEAL AS ILLEGAL

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SPEAKER Pantaleon Alvarez has lost his bid to have the Joint Venture Agreement (JVA)  between  the Bureau of Corrections (BuCor) and the Davao-based Tagum Agricultural Development Company Inc. (Tadeco) declared as illegal by the Department of Justice (DOJ).

DOJ Secretary Vitaliano Aguirre III has slammed the door on  Alvarez’s personal request for DOJ to declare the JVA as illegal.
ONLY DUTERTE
According to Aguirre, declaring the JVA as illegal is not within his powers. Only President Rodrigo Duterte can make such a declaration, said Aguirre.
In his request to DOJ, Alvarez claims that the JVA is disadvantageous to the government.
Tadeco, one of the country’s biggest banana producer and exporter owned by the family of Representative Antonio Floirendo Jr., says the deal was legal and reviewed and approved by Congress.
Rebuked by DOJ, Alvarez would now have to rest his case against Tadeco in the House of Representatives that he has asked to conduct a congressional inquiry.
TADECO
VALID & LEGAL
Tadeco president and CEO Alex Valoria insists that despite Alvarez’s claim,  the JVA is valid and legal and  highly beneficial to the government.
At the joint committee hearing on May 9  of the House of Representatives’ Committee on Good Government and Public Accountability and the Committee on Justice, Valoria submitted a position paper and presented key points on the constitutionality and legality of the Tadeco-BuCor JVA to answer point by point the erroneous allegations made against the company.
At the hearing, Aguirre said it is only the President who can declare the JVA between BuCor and TADECO as illegal.
Aguirre  also acknowledged employment by TADECO of thousands of workers, the huge tax it pays to government  and its positive over-all impact on the community.
PENAL REHABILITATION
The JVA forged between BuCor and
Tadeco primarily aims to help rehabilitate inmates at the Davao Prison and Penal Farm (DPPF) and prepare them for their eventual reintegration to society by providing them with a decent means of livelihood while serving their sentences.
Tadeco has developed a banana plantation inside the DPPF Reservation to realize these goals.
“We respectfully would like to point out to our honorable lawmakers that the JVA is not only about money; the more important aspect to it is its core purpose of the rehabilitation of the inmates which has been a proven success,” Valoria said. “The benefits to thousands of ex-inmates, their spouses and children, and finally to the communities they eventually settled into are immeasurable.”
FLOIRENDO, ALVAREZ 
Rep. Antonio Floirendo Jr., whose family owns TADECO and a member of the House justice committee  did not attend the hearing “to obviate any perception of personal interference or influence on the outcome.”
       Alvarez who had filed a House resolution calling for an investigation into the BuCor-TADECO JVA after he figured in a personal quarrel with Floirendo, was present at the hearing.
30,000 JOBS
Valoria said that aside from the benefiting inmates inside the Davao penal farm, the banana operations under the JVA “create 30,000 jobs in direct, indirect and ancillary roles,” which  translates to the secure livelihood and future of at least 181,000 Filipinos.”
Valoria also said that Tadeco paid P438 Million in taxes and fees to the Philippine government in 2016 alone.
BuCor, on the other hand,  gets more than P26,900 per hectare  in profits and other payments from Tadeco, contrary to erroneous claims that BuCor was at the losing end of the deal,  Valoria said.
“In 2016, Tadeco actually paid the BuCor a total of P142,719,662.  This equates to P26,900 per hectare.  We must emphasize that Tadeco paid to BuCor not only the Guaranteed Annual Production and Profit Share but also the Inmates Farm Training Support, Stipend and Support Program, and Training Subsidy.  The financial benefits paid by Tadeco from 2004 to 2016 amounted P 1,620,549,230,” Valoria said.
JVA NOT LEASE
The Tadeco president also clarified before lawmakers that the contract between BuCor and the government is a JVA, and not a lease and tenancy agreement, which  is the main basis for the erroneous arguments against the deal.
SAGIP Partylist Rep. Rodante Marcoleta said he also believes the contract between BuCor and TADECO is not a tenancy agreement, as erroneously pointed out by Justice Secretary Vitaliano Aguirre III at the hearing and the COA findings on the deal.
“I don’t think TADECO is cultivating and tilling the land as tenant,” Marcoleta said. “I don’t think the appreciation of the Commission on Audit is accurate,” he added.
INSISTENT ALVAREZ
Joining the discussion, Alvarez, insisted that the agreement between BuCor and TADECO involves a “rental” and not a JVA, despite repeated explanations from Valoria.
COOP NATCCO Partylist Rep. Anthony Bravo, on his part,  pointed out that TADECO provides jobs not only for the inmates but also for other workers.
Valoria pointed out that Tadeco workers enjoy the “highest salaries and benefits in the agricultural sector,” belying erroneous reports that they are supposedly ill treated and exploited.
“Tadeco has about 12,000 employees inclusive of a rolling average of 800 inmates that are enrolled in the DPPF’s rehabilitation program.  Last year 2016, Tadeco paid out to its workers Php 2.8 Billion in wages, benefits and incentives,” Valoria said.
CORPORATE SOCIAL RESPONSIBILITY
Tadeco workers, besides receiving above-industry standard wages, also enjoy medical coverage for them and their families, and have free access to elementary and secondary schools, chapels, a hospital, and recreation center and facilities, Valoria said.
Valoria invited the chairpersons and members of the two committees to visit the banana plantation and facilities set up by Tadeco in Tagum City so that they can “see for themselves the successes that the JVA between BuCor and Tadeco have obtained in the field of rehabilitation of prisoners.”
“We likewise would like you to see the productive, healthy and happy communities of Tadeco.  It is a glimpse of what the Philippine rural communities should be,” Valoria said.
FLASHBACK
As for the legality and constitutionality of the contracts forged between BuCor and Tadeco, Valoria noted that as early as the 1970s, the Senate blue ribbon committee have already found such deals to be valid and aboveboard, with even then Senator Benigno “Ninoy”  Aquino Jr. saying that the rates benefiting the government at that time were “extremely good and beyond competitive.”
Valoria noted that besides the Senate, the  various agreements between Tadeco and BuCor from 1969 up to the present passed through  14 Secretaries of the Department of Justice  who all upheld their validity and was also examined in 2012 by the House Committee on Agrarian Reform, which found the JVA “beneficial to the government and to the community.”
“In fact, the Department of Agrarian Reform uses Tadeco as the showcase of success of its Agrarian Reform Program.  The Agrarian Reform Cooperatives in Tadeco have today assets in the hundreds of millions of pesos; whereas we understand the Agrarian Reform Cooperatives in other banana farms have quite the opposite – debt levels going into the billions of pesos,” Valoria said.
DISPUTED
Valoria also disputed the other flawed claims against the BuCor-Tadeco JVA, by pointing out the following:
  • On the claim that the JVA is illegal because the land involved is “an inalienable land of the public domain,”  the Senate Blue Ribbon Committee in 1970 already resolved this issue and upheld the validity of the agreement. The Senate panel pointed out then that the BuCor is prohibited under the law, from entering  into a lease deal, and thus “we would not have approved the Bureau of Prisons-Tadeco contract if it did not clearly create a joint venture relationship between the parties.”
Under both the 1935 and 1973 Constitutions, no prohibition exists barring the government from entering into joint venture arrangements involving inalienable lands like the DPPF.
In the  1987 Philippine Constitution, “there is now an express provision allowing joint venture arrangement involving exploration, development, and utilization of natural resources” and there is no limitation as to the area to be developed.
  • The agreement between the two parties is not a lease but a joint venture and the 25-year term is allowed under Section 2, Article XII of the Constitution. “There is no such thing as a prevailing practice in land leases of ‘just 10 years’. There are leases that go up to 75 years.”
Valoria said that besides receiving multiple awards here and abroad for its good agricultural and labor management practices, Tadeco’s model in rehabilitating inmates has also been recognized as a successful one that the BuCor even asked Tadeco to replicate the same program in the Iwahig Penal Colony in Palawan.

MAD OVER MAD POE

After all the undisputed arguments have shown that Sen. Grace Poe Llamanzares is constitutionally disqualified to sit in Congress or seek the presidency or the vice-presidency, any decent society or political party would have sadly but promptly declared her “political demise.” Thus, a concerned colleague suggests I should stop wasting my energy commenting on “this yesterday’s news.”

But both President B. S. Aquino 3rd and his presidential anointee Mar Roxas prevent me from dropping the issue. They have such an absurd and perverted view of the Constitution that they seem to believe one who is constitutionally disqualified from seeking the presidency may yet be recycled to seek the vice-presidency. An unschooled farmer or dockhand may entertain this view, but certainly not a sitting president or someone actively seeking the presidency. READ MORE

Political nincompoopism: Aquino as Roxas’ vice president

Despondency can bring out the craziest of ideas.

AQUINO ROXAS

In politics, dispondency can inflict acute nincompoopism that breeds bizarre ideas.

     Thanks to Cavite Rep. Elpidio Barzaga, the prelude to the presidential race in the May 2016 has been spiced up with this kind of weird political insanity.

     Despondent over Senator Grace Poe’s rejection of an offer by Interior Secretary Mar Roxas to be his running mate, the administration Liberal Party (LP) of President Benigno Aquino is in frantic search for a vice president for Roxas.

     Last year, there was this talk clearly LP inspired about Aquino allies in Congress planning to tinker with the Constitution to lift the term limit on the presidency to extend Aquino’s 6-year tenure.

     That was an idea as crazy as can be and was immediately shot down by public opinion.

     Now, here comes another LP-inspired insanity authored by Barzaga, a member of the National Unity Party belonging to the LP-led administration coalition.

 The idea is insanity of the purest specie; Barzaga could be a case of an Aquino lapdog fattened by presidential patronage willing to be play  nincompoop to please his Malacanang lord.

Barzaga said Aquino should run for vice president of Roxas in the May 2016 derby.

 A Mar-Noy (Roxas-Aquino) tandem would be the dream ticket, a dream team for the Filipino people—our bosses, said Barzaga in a statement.

Greed for power has no limit.

Barzaga said there is no legal impediment under the Constitution for  Aquino to run for a lower office.

As vice president, Aquino could continue  the country’s journey to a straight path that he has started as President, said Barzaga.

Do you believe Barzaga? Then join his club.

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