Citizens can now hold their People’s Summit

IN SELF-DEFENSE: Now that the politicians have held their so-called political summit, the rest of the population should hold their own People’s Congress, if only in self-defense.

Politicians’ views do not always tally with the people’s own view of their urgent needs. And experience tells us that in case of conflicts of interest, the politician usually acts to advance his own interests first, that of his constituents next.

Congress, whence came most of the ardent participants of the political summit, has ceased to represent the people’s true interest. In a conflict, a legislator invariably acts according to his personal agenda, or the lobby, or the wishes of the vested interest that bought him his congressional seat.

We have seen this betrayal many times when hot bills or some franchises were being followed up by a powerful lobby. We have witnessed the same perfidy in those notorious congressional hearings.

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THEY ARE STILL SCOTFREE!: We were having our haircut last Sunday when the news clip came on TV showing the summiteers at the Manila Hotel. I didn’t bother to look since I’ve seen all that before.

Suddenly my barber raised his razor, asking excitedly why those characters were there strutting on the convention stage.

"Many of those slick operators should be in jail for graft and plunder," he remarked in Tagalog. "Why are they still on the loose?"

We didn’t mind him, being at that point swamped with our own thoughts on Expo Filipino, PEA-Amari, Fort Bonifacio, Petron and a host of other scams.

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JANCOM HYDRA: The case of the controversial $350-million garbage incineration contract of a Jancom firm with the government is getting more interesting by the day.

Researchers are intrigued by their discovery that there are now four firms carrying the name Jancom and all of them are dealing with the government to corner the juicy garbage-disposal contract.

The four Jancom firms are: Jancom Environmental Corp., Jancom International Pty. Ltd., Jancom International Development Projects Pty. Ltd., and the Jancom International Development Group.

We are surprised that government officials handling the deal are not confused by the emerging Jancom hydra. What guides them in their single-minded pursuit of clinching the contract for Jancom?

On the flip side, it can be said that Jancom (whichever) itself should be confused, considering that its contract was signed by officials who had no authority to sign and commit the government.

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INTERESTING TIMELINE: Peruse this partial reconstruction of events to see how the four Jancoms got entangled in the case:

Jan. 21, 1995 – San Mateo waste-to-energy project advertised. Refer to Dionisio de la Serna letter to President  Fidel V. Ramos dated July 27 1995.

June 16,1995 – Supplemental notices sent to 11 proponents to submit additional documentation by July 21,1995.

July 21, 1995  De la Serna writes confidential letter to FVR, saying PBAC has prequalified only three out of the 11.

July 27,1995 – De la Serna writes confidential memo to FVR saying "we arranged with the prequalified proponents to allow only the Jancom to bid for the San Mateo site."

Aug. 4, 1995 – De la Serna signs Memorandum of Agreement with Jay Alparslan of a Jancom firm in Australia, promising the project to Jancom using as reason the fact that other prequalified bidders will no longer bid for San Mateo. (Bidding has not yet been completed, yet Jancom already has been promised the project). De la Serna signs as chairman of the Executive Committee of MO 202 which is only authorizes the Excom "to recommend" to the President, not to sign. Jay Alparslan signs as CEO of Jancom International Development Group (a non-entity) with address at 24 Punch St., Artarmon NSW, Australia, and Philippine address at Level 2 Centro Bldg., 180 Salcedo St. Legaspi Village.

Aug. 5, 1996 – One year after, based on bids submitted on Aug. 2,1996, bids are opened by the PBAC (Prequalification, Bids and Awards Committee). The committee declares unanimously a failed bidding, because Jancom failed to post a bid bond, Pactech was withdrawing, and the third bidder was asking for more time.

Sept. 4, 1996 – Instead of a rebid as required by law, the Excom extends deadline to Nov. 5, 1996, for Jancom (by this time the only firm being entertained) to comply with requirements. Cavite and Rizal local government units represented by Mayor Ray Loyola and Eden Austria of Cavite and Atty. Eduardo Torres of Rizal all abstained from extending the deadline without a rebid.

Feb. 27, 1997  MMDA Chairman Prospero Oreta writes Jay Alparslan , CEO of Jancom International Ltd. Pty, at P.O. Box 91, Double Bay NSW 2028, Australia, that the Excom approved Jancom as the sole complying bidder for the San Mateo Waste to Energy Project. The firm’s address has now changed to a P.O. Box.

December 1997 – Contract is signed (even without prior approval by NEDA-ICC as required by BOT law) by a Philippine company called Jancom Environmental Corp. and not with Jancom International Ltd. Pty. that was declared sole complying bidder. Switching was based on a board resolution of Jancom International saying that it "hereby authorizes Jancom Environmental Corp. to undertake the rights and obligations."

Jancom Environmental lists the following individuals as owners: Augusto G. Gan, Melchor C. Orosa, Sheila A. Guevara, Bernadette G. Paras, Ma. Victoria G. Gan. The contract is signed by Jorge Mora Aisa as CEO and Jay Alparslan. Note that neither Aisa nor Alparslan is an owner of Jancom Environmental. Philippine laws require a CEO or president of a corporation to be a stockholder. Alfonso G. Tuzon and Manuel Molina sign as witnesses.

On the government side, Victor Ramos signs as chairman of the Presidential Task Force on Waste Management and Secretary of DENR, Prospero Oreta as chairma of the Executive Committee and MMDA, and Dionisio de la Serna as co-chairman, Excom, CORD- NCR citing MO 202 as source of their authority.

Note that MO 202 merely tasks them to recommend to the President, not to sign.

March 24,1997 – All the owners of Jancom Environmental Corp. assign and transfer 100 percent of the shares to Jancom International Development Projects Pty. Ltd., with address at P.O. Box 91, Double Bay, NSW, Australia, and with Philippine address at ACC Law Bldg. 451 Cabildo St., Intramuros, Manila.

Aug. 6, 2001 – Atty. Molina writes Chairman Abalos that Jancom Environmental Corp. had entered into a "simulated" Deed of Assignment to Jancom International.

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THE FOUR JANCOMS: We see that Jancom International Development Projects Pty. Ltd. is no longer the Jancom International Ltd. Pty that supposedly won the bid, and its Philippine address has changed from Makati to Intramuros, although the P.O. Box in Australia remains the same.

At this point, there are now four Jancoms crowding the picture:

1. Jancom Environmental Corp. that signed the contract as authorized by Jancom International Pty. Ltd.

2. Jancom International Pty. Ltd. that supposedly won the bid.

3. Jancom International Development Projects Pty. Ltd. that now owns Jancom Environmental Corp. 100 percent.

4. The non entity Jancom International Development Group that signed the MOA in August 1995.

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JUETENG MONEY INVOLVED?: Curiously, the name Alfonso G. "Boy" Tuzon has started to appear as president of Jancom Environmental Corp. and as holder of one share whereas he was merely a witness when the contract was signed.

Today, Jay Alparslan signs as chairman/president of both Jancom Environmental Corp. and Jancom International Development Projects Pty. Ltd.

There are SEC records showing that Leonodes Gonzalez is chairman and Boy Tuzon is president of Jancom Environmental Corp.

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ePOSTSCRIPT: You can read Postscript in advance, even before it sees print, simply by going to our personal website http://www.manilamail.com. While at our ManilaMail.com site, you can also peruse back issues of our column and review past discussions on selected subjects. Email can be sent to us at ManilaMail@pacific.net.ph and fdp333@info.com.ph.