WEDNESDAY |FEBRUARY 6, 2008| PHILIPPINES

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‘The SC need not admit that it erred, after all the Chief Justice who wrote that stupid decision is already out of the SC.’

Use those 2004 ACMs


IF the Commission on Elections really wants to automate the next elections, there is a no-frills way of going about it. All that the Comelec has to do is to ask the Supreme Court for permission to use the ACMs (Automated Counting Machines) that are in some warehouse.

Those machines will work – and work well. This is not an idle boast. My statement is backed up by the Department of Science and Technology (DOST) that tested the ACMs individually and gave them all a 100 percent passing mark.

Sure, the Supreme Court ruled that the machines would not work but we all know that the SC making such a claim cannot possibly know what it is talking about. In this case – as in any where Science and not Law is the working principle, I would go with the judgment of the DOST (or even an automobile mechanic) over that of the whole Supreme Court gathered together in their somber black robes.

Those justices know zilch about computers and mechanical things or at least not as much as regular repairmen, the DOST and even that sickly computer nerd in your neighborhood who spends his whole day in front of a computer screen.

By using those Automated Counting Machines (ACMs) the SC need not admit that it erred. After all the Chief Justice who wrote that stupid decision is already out of the SC. Perhaps, it is time for common sense to prevail.

Does an SC justice tell the mechanic who is looking at his car how to fix it? Does he show the plumber what he has to do? Does he instruct the cable repairperson on how to go about his business? Of course not. So how can the SC rule that those ACMs that individually passed the scrutiny of the DOST make a ruling that those ACMs could not work and would only confuse the elections further?

Is it too much to ask the present SC to examine that silly decision so that those ACMs can be put to some use? No matter how one looks at it, that decision was silly and pretty much moronic. The decision delved into matters beyond the competence of lawyers sitting together in black robes.

If it was wrong for the Inquisition (during the Dark Ages) to rule on matters of science, so is it beyond the competence of the present SC to decide on matters unrelated to their knowledge of the Law.

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By hinting now – so late in the day – that there were shenanigans in the proclamation of Gloria Arroyo as president in the 2004 elections, former Speaker Jose de Venecia may actually be condemning himself and the congressmen and senators who participated in the proclamation.

Could Gloria have done this on her own without the participation of other persons – including the Speaker and a select group of congressmen? Of course not. Thus, by not saying that there was something wrong in her proclamation, JDV condemns himself and his fellow legislators, who rammed that proclamation through even when there were loud protests about the count in so many places.

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The present rift between the Arroyo and de Venecia families could have been avoided but it is foolish to put the blame on Joey de Venecia. He saw an opportunity to right a wrong and went after it in a very public way. What did the parents of Joey think – that those accusations that painted the President’s husband as a crook could be taken in stride by the President’s embattled family?

Of course, Malacañang had to do something about it. No matter how many times the Palace will deny its participation in the ouster of JDV as Speaker, it will not be believed. A Speaker who has been there for five terms is not defeated 171 to 35 (with 17 abstentions) without a coordinated and supreme effort being mounted by his all of his enemies.

While it is a sad thing to see a legislature that is so subservient to a president, this is actually the choice of our legislators. If they want to be independent of the presidency and be a great legislature, they will have to give up their pork barrel. We have institutionalized the pork barrel so that everyone, even party list congressmen and senators – who have no districts whose roads and bridges need repairs – are also recipients of this pork barrel. Malacañang is right to use these funds as a political Damocles Sword with which it can threaten recalcitrant legislators.

How to get away from this? Give up your pork barrel and win elections by being a legislator who serves your people, as a legislator should – not by buying their votes through your pork barrel but by convincing them that they need you in Congress. It is a tougher act but it is also more of a class act than that of being at any president’s beck and call.

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Finally, the House of Representatives will be investigating Ricardo Belmonte, chief collector of the Bureau of customs in the Port of Cebu. I have been wondering why personnel at the Land Transportation Office (LTO) are dismissed because they registered smuggled cars on which taxes had been paid but that the personnel of the Bureau of Customs (BOC) seemed to be untouchable.

In reality, it is the BOC personnel who allow the smuggling and who allow underpayment of taxes due on these smuggled vehicles. The LTO’s participation is only that of registering these vehicles on which taxes and duties have been paid.

Another mystery to me is why the ones who bought these cars are held and questioned. What does the buyer know about taxes and duties? A car dealer offers him a car. He buys it. So why is he the one who is held for the underpayment of customs and duties when it was the smuggler (car dealer) who should be charged with whatever crime has been committed?

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Readers who missed a column can access www.duckyparedes.com/blogs. This is updated daily. Your reactions are welcome at duckyparedes@yahoo.com

 

 




















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