Distrust and red tape

There was this two-page notice published by the Civil Service Commission in the Philippine STAR recently that announced the Implementing Rules and Regulations (IRR) adopted by that agency relative to the implementation of Republic Act 9485 or the Anti-Red Tape Act of 2007.

I suppose the announcement came as a pleasant surprise to the public, as it did to me. This law prods officials and employees of the government people into acting with dispatch on the applications, requests, representations or similar transactions made by the public. The IRR prescribes the manner by which such transactions should be treated, identifies the government official or employee who should take the action, and sets time limits for responses.

Penalties for violations of its provisions are rather stiff. For those in government service, it ranges from 30 days suspension without pay, to dismissal and perpetual disqualification from public service without prejudice to the filing of criminal and civil charges. For the so-called fixers, a fine of P20,000 to P200,000 or imprisonment of up to six years, or both fine and imprisonment at the discretion of the court.

Now, why am I writing about this anti-red tape law? The reason is simply that all of us have encountered numerous cases of infuriating red tape in our dealings with government people.

For that matter, I wonder if the recent order of Energy Secretary Angelo Reyes for the creation of an Evaluation Team that will screen and review all fuel supply contracts of the National Power Corporation is not another case of red tape that only adds another level to the multi-layered process already in place in that agency.

The Secretary created the Evaluation Team purportedly to enhance transparency in the fuel procurement process and to provide additional assurance that the people’s interests will be protected. It will also explore measures aimed at improving procedures in the procurement of fuel, particularly coal, which is often the subject of controversy arising from persistent allegations of overpricing that, in fairness to Napocor officials, remain unproven.

While the purpose behind the creation of the Evaluation Team is apparently in line with the law’s objective of promoting transparency, and as Reyes said, “generating efficiency that would redound to the lowering of electricity costs,” there is a possibility that it might just create the opposite effect of producing more red tape and in raising the level of inefficiency. 

As things stand, Napocor is probably the most strictly watched and most heavily screened agency in the government insofar as procurement and financial transactions are concerned. For instance, the Department of Budget screens its funding requests by requiring it to present a three-year budget submission. Then its fuel needs have to undergo a bidding process prescribed by a Bids and Awards Committee, assisted by a Technical Working Group composed of technical, financial and legal experts.

To satisfy the need for transparency, the call for bids must also be published in the newspapers and in the agency’s website. The selection of the winning bidder must meet the approval of the Napocor Board and head of the agency. The fuel procurement process must also conform to all the requirements of the Government Procurement Policy Board (GPPB) and the stringent provisions of Republic Act No. 9184 or the Government Procurement Reform Act.

The Department of Finance and the National Economic and Development Authority are the other agencies involved in the fuel procurement process. Of course, Napocor also has to contend with the ever-watchful eyes of the Commission on Audit.

In the light of all these, it does appear that imposing still another “watchdog” on the agency is a superfluity. More than that, it carries the rather onerous implication that the DOE Secretary does not trust the officials and agencies already watching over the shoulders of the Napocor people.

Consider also the fact that the Evaluation Team is composed of people from eight different agencies who must make time from their normal schedules, primary duties and responsibilities to be able to attend to their added functions. For instance, Napocor’s briefing for the team members had to be conducted over a period of nearly four months, from April to August, proving the difficulty of getting all the members together to perform their function.

Now, one wonders whether the creation of the Evaluation Team is not an impractical move.

*      *      *

To mark its 25th (silver) anniversary, the Philippine Judges Association, led by its president Judge Antonio M. Eugenio Jr. will hold its midterm annual national convention on Oct. 25-27 in Davao City. During the anniversary ball and awards night, PJA will give special recognition to judges who best exemplify the goals and ideals of PJA in their respective judicial regions, as well as past PJA presidents.

On the same occasion, the PJA will launch projects in line with the Supreme Court’s call for zero-backlog of court dockets nationwide as well as improving access to justice for the marginalized sectors of society. Toward this end, a workshop preceding the convention proper will be held in preparation for a planned Family Courts Summit.

Expected to grace the events are Chief Justice Reynato S. Puno, Sen. Francis “Chiz” Escudero, Associate Justice Conchita Carpio Morales, Court Administrator Jose C. Perez, Deputy Court Administrator Reuben P. dela Cruz, Davao City Mayor Rodrigo Duterte and Vice-Mayor Sara Z. Duterte-Carpio, and Manila Vice-Mayor Francisco “Isko” Moreno Domagoso. Popular TV personality Edu Manzano will host the anniversary program, while Judge Jenny Lind Aldecoa-Delorino will render special music.

The PJA Executive Committee working to make the convention a success are president Antonio Eugenio Jr., EV Marissa M. Guillen, SVP Raul B. Villanueva, VP Melchor C. Sadang, VP Franco T. Falcon, sec.-gen. Ma. Belen R. Liban, treasurer Socorro B. Inting, and PRO Jenny Lind A. Delorino, with the assistance of the national officers and regional directors.

*      *      *

My column on the lowly malunggay which is actually rich in nutrients, elicited a good number of inquiries as to the location of the store offering many kinds of goodies containing malunggay powder — from breads to peanuts and noodles, to very refreshing malunggay juice plus soap and other beauty products. The store, PowerNut, is on the 2nd floor of GSquare Arcade, Barangka, Mandaluyong, telephone is 4802079.

*      *      *

My e-mail: [email protected]