news The Manila Times TUESDAY BY MARIA NIKKA U. GARRIGA REPORTER country’s teachers.


HE Department of Education (DepEd) said Monday that they are outlining the revisions


for the current curriculum to adhere to the proposal of adding two more years to the basic education program.


Luistro said that the Education department is crafting its programs based on statistics showing that only 27 percent of high school stu- dents are able to enter college where only 16 percent are able to finish their courses. “What we want to come up with


“What we will do in the next few month is outlining the curricular re- visions . . . and by October 5, we will be able to present a thorough and comprehensive report for this 12 basic education program,” Edu-


Contractors forced to


cation Secretary Brother Armin Luistro said in press conference. World Teachers Day will be com- memorated on October 4 where a simultaneous prayer will be aired nationwide at 10:05 a.m. for the


is to cover the remaining 84 percent in the program who may not to be able to finish college,” he added.


Productive citizens The Education department is also


looking at how the revision of the present curriculum will allow high


A 3


August 10, 2010


Two more years in school almost certain T


school graduates to seek livelihood opportunities from the develop- ment of their entrepreneurial skills. “The 12 program should aim at ensuring that this 84 percent will not feel deprived that they were not able to go to college,” Luistro said. On the question of added cost, the Education secretary said that public should consider the addi- tional two years in school as an in- vestment to make sure students be- come productive. “What we want are high school graduates who are really prepared to be productive citizens,” he added. However, the Alliance of Con-


Against the hike


take DPWH projects


THE chief of the Department of Public Works and Highways (DPWH) said Monday that two of the 19 contractors involved in the cancelled P934-million “midnights deals” have talked to him and said that they were forced by some department officials to accept contracts. Public Works Secretary Rogelio Singson said that the two contractors came to his office two weeks ago to explain their side on the issue. “They said they were forced to accept


the contracts even if they did not want it,” he added in Filipino. Singson said that he was still


confused on the matter by saying in Filipino: “I am wondering at why the DPWH is the one forcing the contractors to accept the projects.” The Public Works secretary, however, did not mention the name of the DPWH officials involved. The P934-million worth of


contracts were for the rehabilitation of provinces affected by Typhoons Ondoy and Pepeng that hit the country last year. The rehabilitation projects were supposed to be funded by the Japan International Coopera- tion Agency.


Singson said that they are looking the angle of conspiracy between the contractors and Public Works depart- ment officials. However, he said that the proper


procedures on the 19 cancelled contracts were clearly violated since these did not go through public bidding. A report submitted by Public Works Undersecretary Jaime Pacanan on Friday showed that the right procedures to award the cancelled projects were not followed. “They [19 contractors involved] are


not following right procedures,” Singson said. The Public Works secretary said that


they are studying the basis take legal action against the parties involved before the Office of the Ombudsman. But Singson said that they were not


canceling the projects outright and that these could still be rebidded. JOVEE MARIE N. DELA CRUZ


PHOTO BY RUY MARTINEZ


Militant activist Bayan continue its launching of a signature campaign Monday at the North EDSA Station urging commuters to oppose the looming Metro Rail Transit-Light Rail Transit fare hikes.


MCC funding a vote of confidence


FOREIGN Affairs Secretary Alberto Romulo said Monday that the $434- million funding that was recently approved by the United States’ Mil- lennium Challenge Corporation (MCC) to help the country reduce poverty through economic growth proves that the US government trusts the new administration. “[The administration of President Benigno Aquino 3rd was able to] satisfy the MCC that they have the political will to have major reforms in transparency, in accountability, in reform and particularly in poverty alleviation,” Romulo said during the celebration of the 43rd founding an- niversary of the Association of


Southeast Asian Nations (Asean) at the main office of the Department of Foreign Affairs in Manila. He added that trust is the “key


word” that probably best described the decision of the MCC board to extend funding to the Philippines. The funding was approved after the US agency consulted with nongovernment organizations, pri- vate sector firms and the country’s government to “design a homegrown program to address key constraints to sustainable development.” US Ambassador to the Philip- pines Harry Thomas Jr. had lauded the approval saying it “marks a vote of confidence in the Aquino admin-


istration and its commitment to confront corruption.”


There are three major projects that will be bankrolled by the MCC funding: $54.3 million for the com- puterization of the Bureau of Inter- nal Revenue; $120 million for a community-based rural develop- ment program; and $214.4 million for the repair and construction of Samar roads.


The MCC, which is chaired by Secretary of State Hillary Clinton, is a US government agency that has ex- tended over $7 billion in funding to 20 partner countries, including the Philippines. BERNICE CAMILLE V. BAUZON


cerned Teachers said that the depart- ments proposal to add two years in the basic education program is not the solution to the country’s educa- tion crisis. “The 12-year basic education pro- gram will further deepen the chronic crisis of Philippine education which is caused and reflection of the chronic crisis of poverty and corrupt politics in the Philippines,” said Al- liance of Concerned Teachers Secre- tary General France Castro The militant teacher organization said that the problem in the coun- try’s education is caused by the back- ward economic system of the Phil-


Law clear on Ninoy Aquino Day – Joker


NINOY Aquino Day should be ob- served on the Monday nearest Au- gust 21 in accordance with the law, Senator Joker Arroyo said Monday. Senator Arroyo made the com- ment after Malacañang said that they would decide within the week whether Ninoy Aquino Day should be observed on August 21, his ac- tual assassination, or on August 23, consistent with Republic Act 9492. He added that the law does not compel people to observe a national holiday if they do not want to. “People are free to observe it any


day they want to or not to observe it at all. The net effect of the law is simple: the benefit of a non-work- ing holiday,” Senator Arroyo said. He added that the law, supported by the National Historical Institute,


was voted by 162 congressmen, in- cluding then congressman, now President Benigno Aquino 3rd, and his uncle, then Rep. Butz Aquino. Senator Arroyo said that deciding on


the day of observance was “no big deal.” “Malacañang lawyers want to


overstate their role where none is needed,” he added. Senator Arroyo stressed that the


law does not change any date of the national holidays.


“It only rationalizes the celebration of non-religious national holidays to the nearest weekend,” he added. Senator Arroyo said that this was in response to the wishes of laborers, employees, students and teachers to have a continuous weekend holiday rather than a middle-of-the-week holiday.


EFREN L. DANAO


Aquino justifies sacking of weather bureau head


PRESIDENT Benigno Aquino 3rd said Monday he is standing firm on his decision to replace Dr. Prisco Nilo as the head of the Philippine Atmospheric, Geophysical and As- tronomical Services Administration (Pagasa) in the light of calls for him to reinstate Nilo. President Aquino earlier said that


Nilo was replaced as Pagasa adminis- trator because of “differences” with his immediate superior in the Depart- ment of Science and Technology, the mother agency of the weather bureau. “There are fundamental differ- ences to the task at hand and I sup- port my [Science] secretary’s posi- tion on the matter that there are ir- reconcilable differences so if they are not of one, therefore services of Pagasa cannot be improved. There- fore, the [Science] secretary has been given the authority to look for that


individual that he can work with better,” President Aquino said at the sidelines of the celebration of the 43rd anniversary of the Association of Southeast Asian Nations (Asean) at the Department of Foreign Affairs. Presidential spokesman Edwin Lacierda said that Nilo would be as- signed within the department to do “special studies.” Science and Tech- nology department Undersecretary Graciano Yumul Jr. will head the weather bureau for three months. Lacierda also said that the country’s


weather bureau would undergo “reorientation” in the next six months to improve its weather forecasting. Nilo’s sacking reportedly saddened


many personnel at Pagasa. Rep. Angelo Palmones of Agham party-list also urged President Aquino to recon- sider his decision to remove Nilo as chief of Pagasa.


CRIS G. ODRONIA LTFRB to complete inventory of EDSA buses earlier than expected


THE inventory of public utility buses (PUBs) being conducted by the Land Transportation Franchising and Regulatory Board (LTFRB) may be completed earlier than the Oc- tober deadline set by President Benigno Aquino 3rd. LTFRB chairman Dante Lantin said that the inventory of PUBs is now 40 percent complete, which means that the objective of reduc-


ing the number of passenger buses at EDSA could be realized before the end of the year.


There are at least 3,700 passenger buses plying the 24-kilometer stretch of Epifanio de los Santos Avenue (EDSA) daily and reports have it that almost 50 percent of that number is either colorum or out-of- line units which affect the opera- tions of legitimate PUB operators.


President Aquino earlier directed


Transportation and Communica- tion Secretary Jose de Jesus to con- duct an inventory of buses to iden- tify those that have franchises from the regulatory board.


Lantin said a total of 592 bus units


have been checked on Sunday, 471 on Saturday and 333 on August 1. He added that most of the bus units that have been checked were


found to have legitimate papers but some operators were found not uti- lizing their whole fleets as stated in their franchise. “I have already summoned the


owners of these bus companies that were found to have some discrep- ancies [and] they must explain this if they wanted to continue their op- eration,” Lantin said in an interview. The regulatory board chief ex-


Government doctor wants to engage in private practice


Dear PAO, I have been working as a city doctor in our locality for more than 10 years now. I also maintain a small clinic for my private pa- tients whom I treat after office hours. This year we had a change in the administration but my serv- ices as a city doctor were retained by the new mayor. Nevertheless, when I asked him to issue me an authority to continuously engage in the private practice of my pro- fession, the same was denied be- cause the new city legal officer questioned my practice from con- flict of interest. Can I continue the private practice of my profession after office hours without author- ity from the new city mayor? I am hoping that you will en- lighten me on this matter. Thank you and more power.


Sincerely yours, Jeoffrey


Dear Jeoffrey,


Being in the service of a local gov- ernment unit, you are considered a public official and as such, your con- duct is governed by the Code of Conduct and Ethical Standards for


Public officials and employees dur- ing their incumbency shall not: x x x


(2) Engage in the private practice of their profession unless author- ized by the Constitution or law, pro- vided, that such practice will not conflict or tend to conflict with their official functions;


x x x”


Public Officials and Employees (Re- public Act 6713). Section 7 of the Code enumerates the prohibited acts of the government officials and employees. Section 7(b)(2) in par- ticular provides, to wit: “Section 7. Prohibited Acts and


Transactions. - In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute pro- hibited acts and transactions of any public official and employee and are hereby declared to be unlawful: x x x


(b) Outside employment and other activities related thereto. -


As a general rule, public officials and employees during their incum- bency cannot engage in the private practice of their profession. The only exception is when the Constitution authorizes or when there is a law authorizing the public officials and employees to engage in a private practice of their profession and pro- vided, that such practice will not conflict or tend to conflict with their official functions. Recently, in connection with the


above-quoted law, the Supreme Court, in the case of Felipe E. Abella v Atty. Asteria E. Cruzabra, A.C. No. 5688, June 4, 2009, enunciated that Memorandum Circular No. 17 of the Executive Department allows government employees to engage directly in the private practice of their profession provided there is a


written permission from the depart- ment head. The circular:


“The authority to grant permis-


sion to any official or employee shall be granted by the head of the minis- try or agency in accordance with Sec- tion 12, Rule XVIII of the Revised Civil Service Rules, which provides: “Sec. 12. No officer or employee shall engage directly in any private business, vocation, or profession or be connected with any commercial, credit, agricultural, or industrial undertaking without a written per- mission from the head of Depart- ment; Provided, That this prohibi- tion will be absolute in the case of those officers and employees whose duties and responsibilities require that their entire time be at the dis- posal of the government: Provided, further, That if an employee is granted permission to engage in outside activities, the time so de- voted outside of office hours should be fixed by the chief of the agency to the end that it will not impair in any way the efficiency of the other officer or employee: And provided, finally, that no permission is neces- sary in the case of investments, made by an officer or employee,


which do not involve any real or apparent conflict between his pri- vate interests and public duties, or in any way influence him in the dis- charge of his duties, and he shall not take part in the management of the enterprise or become an officer or member of the board of directors.” Subject to any additional condi- tions which the head of the office deems necessary in each particular case in the interest of the service, as expressed in the various issuances of the Civil Service Commission.” In the same case, the Supreme Court ruled that a government em- ployee seeking to engage in a private practice should obtain the written permission from the head of the de- partment. If we are to apply the fore- going, you are to request for an au- thorization from the Secretary of the Department of the Interior and Lo- cal Government (DILG) since local government units are under the gen- eral supervision of that department. However, the DILG in its Legal Opinion No. 35, S. 2008 issued by Austere Panadero, the then Acting Secretary, opined that the authority given by the local chief executive ex- ercising control over the government


employee who wishes to engage in a private practice would suffice, stating further that the President thru the DLIG Secretary exercises only general supervision over local governments and that accordingly, there is no need to secure authority to practice pro- fession from the DILG. Thus, we are of the opinion that


you should still ask for a written permission from the newly elected mayor of the city in order for you to be able to engage in private practice. It would be best for you to explain fully to and to convince the mayor that your duties and responsibilities as a city doctor will not require your entire time and that your outside practice will not impair in any way your efficiency as a city doctor. However, the discretion to grant or deny your request still lies with the mayor as he sees fit. We hope that we have enlight- ened you on the matter.


Editor’s note: Dear PAO is a daily col- umn of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299).


pressed confidence that the inven- tory of buses will be completed ear- lier than planned, which means EDSA traffic could be improve be- fore the end of the year. Besides improving traffic flow, the removal of colorum buses from the road could improve the in- come of legitimate operators and lead to lower fares.


JEFFERSON ANTIPORDA


ippines, and that adding two more years in the basic education cycle will further burden Filipino families and exploit teachers to work more and receive less pay. “We see that the youth who will graduate from this 12-year basic edu- cation program of DepED and P-Noy will not necessarily lead to more em- ployment, as we all know that the our backward economy cannot pro- vide local employment and the world economic crisis gives no assur- ance to provide global employment to our Filipino youth,” Castro said, referring to President Benigno Aquino 3rd.


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16