Hi everybody. Just want to share with you a column that came out in the Business World yesterday. Looks like something stinking is brewing involving the PNCC franchise over SLEX. I don't think we want to be surprised by a
!,000% toll fee hike (like what happened at NLEX), part of which will pay for the cost of under-the-table payments to you-know-who. So here it is:

Requiem for the PNCC franchise (Bernardo V. Lopez, Business World, Jan. 31, 2007)

PNCC is in a panic and is moving heaven and earth to have its franchise, which expires on April 30, renewed. But, as the saying goes, “You can fool some but you can’t fool all.” After passing House approval under suspicious circumstances at a time when campaign funds are much needed, franchise renewal is encountering stiff resistance with senators like Franklin Drilon and Serging Osmeña on the core issue of “corruption and incompetence.”

To date, the Supplementary Tollways Operation Agreement (STOA), the contract between a joint venture of PNCC, Malay-Thai Development Corporation and the Toll Regulatory Board for the expansion of the South Luzon Expressway (SLEX) remains scandalously a secret despite being a public document. Nobody knows its full contents. At the House Committee on Franchises, the figure of P8 billion as the SLEX expansion budget propped up. At the Senate it was p 11 billion with rumors it was being raised to P15 billion. Nobody knows the real figure because PNCC is perhaps scared of massive protests if it releases the entire STOA with all its fine print. The public does not know if future massive toll increases charged to them would reflect corruption in high places. The PNCC case is like at the Bataan Nuclear Reactor or NAIA 3 where such massive increases were questioned.

At the Senate committee on public services, a possible scam otherwise known as “the Radstock deal” was being investigated. Rastock is a Virgin-Island-based British “paper corporation” with a capitalization of $50,000 which bought a $50-million debt of PNCC to Marubeni for $2 million. It was able to collect a whopping $120 million or P6 billion from PNCC. The Senate was investigating if there was a deal to share the Radstock pie with PNCC officials. Sonny Dominquez is the Radstock representative here and Art Aguilar is the PNCC chairman of the board. PNCC admitted at the Senate hearings that there was no board resolution on PNCC’s guarantee of the loan. The hearings discovered that the loan, already considered a bad debt, suspiciously resurfaced in PNCC books recently, which PNCC admitted. After the Radstock scandal surfaced, PNCC now has the gall to say that it is borrowing P2.4 billion from PNB. It is incurring a debt to pay another debt to hide its bad financial image so the franchise can be renewed.

Joker Arroyo endorsed the PNCC franchise renewal. Some senators were speculating on a strategy of creating a “PNCC 2” which would start clean and have no obligations. How can they sweep the dirt of PNCC1 under the rug so nanchantly? The Senate voting during the third hearing was stopped by Drilon, triggering a tussle with Joker. It is a surprise that no representative from commuters or the general public were ever invited to both House and Senate hearings. No one is asking if toll increases will be just and if the public can afford such massive toll increases.

The House bill on the PNCC franchise was sponsored by two congressmen from Laguna, a key area of the Calabarazon whose industries and commuters are prime SLEX users. If the Laguna solons are running this election, they may just lose a lot of Laguna votes for supporting PNCC. Violent objections against the bill came from Congressman Mandanas of Batangas and Alvarado of Bulacan. They argued that PNCC was not fit to have a franchise renewal because it failed miserably in its first 30 years of operation, especially with accumulated debts. Indeed, the opposition claims the PNCC franchise is a violation of the Constitution which provides that such franchises should be a maximum of 25 years. The World Bank-IFC, which is giving the loan for the SLEX expansion, has been warned that corruption may be at the roots of its loan to PNCC and that this might translate into charging such corruption to commuters, the general public and the Calabarzon industries using SLEX. In response, a World Bank team commissioned directly by its President was sent to investigate the matter.

Despite the warnings and its own investigation, the bank is supporting the loan and in fact stated it would not release the money is PNCC loses its franchise. Why the Word Bank-IFC, which has a campaign against corruption, would give the loan despite warnings of corruption is a surprise to many. Is it because its prime concern is loan “collectivity” and profits” A loan to PNCC is government guaranteed but not to a private firm which may get the franchise. Ironically, the Word Bank gave $20 million to the government as an anti-corruption fund. Nobody knows if this fund was itself corrupted.

We have reached a point where the general public and organizations of commuters and Calabarzon firms should enter the picture. Otherwise, they will cook in the fat of government and foreign elements out to get a pie which they have to pay for.

Toll increases based on an P8-billion loan are estimated to hit P2.05 kilometer from P0.50 in mid-2006. For an P11-billion loan, tolls would increase to about P3.50 per kilometer and for P15-billion, up to about P5.00, staggering 1,000%. In other words, under the still-secret loan amount, not to mention the general public. In the NLEX, the Manila North Tollways Corporation, a Benpress subsidiary, (the PNCC of the north) is raking it in based on the same 1,000% toll rate increase. Let us not let the tragedy of NLEX happen to SLEX.

If PNCC is indeed guilty of corruption as shown in senate hearings on the Radstock deal, and if its financial situation right now is truly that bad which a PNB loan cannot rectify, PNCC obviously does not deserve a franchise renewal.

At the third and final hearing of the House committee on franchise, congressman suddenly came in full force for the voting when previous hearings were hardly attended. Why did they agree to such a questionable franchise renewal? That is the $64,000 question.