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Opinion

Fast action by Iraqis can abort puppet gov’t

POSTSCRIPT - Federico D. Pascual Jr. -
GANITO ‘YAN: Some bully from the other side of town accuses your husband of hiding deadly weapons in the house. He comes over and bombs your family dwelling. Your son is killed and a daughter lies bleeding. Neighbors then loot whatever of value is left.

"You should be happy having been liberated from a wife-beater of a husband." The bully says. "Don’t worry, we’ll find you a new partner. Meantime, you might want to clean up the mess while we decide what to do next."

Something to think about while watching TV accounts of the "liberation" of Iraq.
* * *
NAIA-3 OPENING HANGS: If the controversial Terminal-3 of the Ninoy Aquino International Airport were to open in August as wished by President Arroyo, the Supreme Court decision on the validity of the Piatco contract to build and manage the terminal should be issued soon.

There may not be enough time to correct the 42 deficiencies in the terminal found by the Japanese quality assurance inspector. At best, at least six months from the resumption of work would be needed to correct the flaws that are critical to safety and security.

With the flow of funds from Fraport AG of Germany having stopped, Piatco (Philippine International Air Terminals Corp.) will find it extremely difficult to pay its contractor and suppliers, much less address the 42 deficiencies.

So who will pay to finish the projects and correct the defects? About $100 million more is needed.
* * *
QUESTIONED FEES: If the Supreme Court says the contract is valid or even hints it, the government will not be able to proceed at all, because Piatco would take over and have every reason to do controversial things.

A victorious Piatco could claim legal basis for pressing the government to approve certain fees and reimburse some questionable disbursements.

There is, for example, the controversial fees paid to a shadowy Liongson that are substantial but did not go directly into building the terminal. There is also the $20 terminal fee which is deemed unreasonable by affected parties.

And what about Fraport that put in the most money into the project? But the German firm may not be an entirely innocent victim. It has a lot of explaining to do, what with its fingerprints all over the document, including the Liongson contract.
* * *
IF IT’S VALID: A court ruling favorable to Piatco would be Fraport’s loss because the Chengs, its local partners, control the company despite their meager capital contribution.

A ruling upholding Piatco would spawn more suits. And while they pend, Piatco would not be able to borrow the funds to finish the project.

These are side issues that could derail the terminal’s early opening if the SC does not answer squarely all the points raised regarding the project. A vague or evasive phrase in its decsion could result in further debates and bigger losses all around.

The tribunal has become the fulcrum in the controversy as it will decide which party goes up or down. One word with a vague meaning is all it would take for the court battle to seesaw and drag on. Meantime, the project remains shuttered and an August opening grows dimmer.
* * *
IF IT’S INVALID: A firm decision declaring the contract invalid, on the other hand, would clear the way for a government takeover.

With that, there is still the possibility that the Chengs and Fraport would get paid — minus questionable expenses. An audit would be required and Piatco must open all its books. Problems might again arise if it does not cooperate fully.

A court ruling of nullity will send a loud and clear message to all parties pursuing government contracts: Don’t do a Piatco.

So far, the high court has shown firmness and independence of mind. The Kuratong and Meralco decisions are clear examples. Most lawyers, despite what some politicians claim, say the Kuratong decision is legally correct. Meralco is still unfolding, but the tribunal has done something unusual ruling against a giant and well-connected corporation.
* * *
IRAQIS ACT: Irate Iraqis are not cheering their "liberation". Having found the occupying force unmoved by their entreaties to stop the looting and restore order, they have taken iron bars and guns to defend themselves and whatever is left of their belongings.

Even hospitals, museums and art centers have not been spared. What could not be stolen was put to the torch. If the looting has subsided in some areas, it is because there is not much left to grab.

The anarchy was in full view of American troops who excused themselves saying they were soldiers, not policemen. This despite reminders to them that underworld conventions, the occupying force has the duty to maintain order.

Civilians moving to safety are being stopped on the road, frisked and interrogated, sometimes handcuffed. This is done to Iraqis in their own country — by heavily armed intruders from the other side of the globe!
* * *
WHAT, NO WMD? Except for Tikrit, Saddam Hussein’s birthplace, the US has clinched virtual control of the prostrate nation. Americans have full access to all suspected hiding places of weapons of mass destruction.

But after more than three weeks of scouring the ground, hey have not found the supposed WMD, the excuse given for the US invasion of Iraq. Having failed to prove its case, why is the US not withdrawing and making amends?

Let’s hope nobody is waiting for some operator to plant the weapons so they could be suddenly discovered.

President George W. Bush defied the law and convention to depose Saddam, his co-equal in Baghdad. To replace him, Bush sent Iraqis a gum-chewing American general whose expertise is oil and war missiles.

Is the US a latter-day colonizer? Why is the US resurrecting the long-discredited adage that the colonize knows best what’s good for the natives?
* * *
PRE-EMPT PUPPET GOV’T: If Iraqis move fast enough, they may yet pre-empt the imposition on them of a US puppet government.

What it happen. The crisis promises to create natural leaders who will start by restoring order in the streets and working on to restore utilities and essential services.

To save whatever is left of their bombed-out city, responsible Iraqis showed up yesterday in public meetings in Baghdad to chart their own course of action to arrest the anarchy that the invasion brought their country.

You can feel their resolve in the air.

It is clear by now that it is the Iraqis themselves who know their country best. It is the Iraqis who can save their own country. They do not need US-leaning imported talent to tell them how to run things.
* * *
IRAQI PRIDE INTACT: Some priceless relics of ancient history in this cradle of civilization may have been lost forever, but the pride and honor of the Iraqi people is still intact.

The cost of rebuilding from the rubble of the US invasion is staggering. Multilateral aid is needed for fast immediate recovery. Over the long term, Iraq’s copious oil – which is the target of some covetous parties in this invasion – will be able to sustain the rehabilitation.

We’re sure Iraqis know they must guard against their oil again being cornered by a Saddam type or its falling into the hands of mercenary powers disguised as bearers of humanitarian aid.
* * *
ePOSTSCRIPT: You can read Postscript in advance simply by going to our personal website www.manilamail.com. While at our ManilaMail.com site, you can also peruse back columns and review past discussions on specific subjects. E-mail can be sent to us at [email protected]

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