Midnight dealmakers of drivers' licenses

Defying public outcry, Gloria Arroyo continues to sign antedated midnight postings of loyalists. Devoted civil servants must resist the illicit acts. Papers must be compiled and given to the next admin for revocation.

Consider two dates. The Omnibus Election Code bars government hiring from start of local campaign to end of election period, or March 26 to June 10. Exemptions need Comelec approval. The Constitution forbids the President from appointing 60 days before a presidential election till end of term, or March 10 to June 30. A vacancy temporarily may be filled up only if prejudicing public service or safety, and so stated in the appointment.

Lawyer-priest Joaquin Bernas adds that appointments dated March 8 or 9, obviously to skirt the ban, flout the spirit of the law, so are illegal. Too, appointments have two phases: nomination and acceptance. If an appointee takes oath of office within the ban, the appointment is invalid.

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The Land Transportation Office is bidding out the supply of drivers’ licenses starting 2011. The process looks rigged, for three reasons given by insiders.

One, the bidding schedule is too tight, deterring the participation of more bidders for a contract of such enormity and duration. Bid documents were made available May 24; a pre-bid conference is set on June 4; bidding is on June 17. The process will take 24 days, within limits of the Procurement Reform Act. But with the specs for card printer, paper and ink so detailed, no competent bidder can present a technically and financially sound bid within the timetable. In the 11 days from the release of bidding documents to the pre-bid conference, a bidder is expected to have studied the nature of the project, consulted with specialists, and canvassed various subcontractors, and be ready to defend submissions. The law in fact gives agencies at least 30 days for such process, depending on the complexity of the contract. The LTO ignored this, as if a pre-determined bidder has been given the specs well in advance.

Two, the specs for the card printer fit only one manufacturer in the world. The conditions, like non-dye ink, ultraviolet mark and plasticizer barrier, seem to have been copied from that maker’s product brochure. So only the bidder who partners with the manufacturer would qualify to make an offer. This violates the law. In drafting specs, agencies must consider the project objectives and product standards in terms of function, performance, interface and design. Care must be taken to not make requirements too specific, lest the agency be accused of patent partiality.

Three, the bidding is being rushed two weeks before the Arroyo admin ends on June 30. There is no compelling reason for the LTO to award the contract now, instead of waiting for the next admin. Insiders ask if a pre-determined bidder has paid bribes for the deal to be awarded pronto.

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Quezon City police chief Benjardi Mantele understands the Broken Windows Theory of law enforcement. He is dismantling food stalls and transport terminals near schools before classes resume June 15 — all because they’re unlicensed and congest traffic. But in the process he will be driving out petty criminals — drug peddlers, extortionists, and con men — who prey on students. He will also be shielding youths from un-inspected dirty food, and schools from floods caused by vendors’ trash clogging drains.

Criminologists James Q. Wilson and George Kelling formulated Broken Windows in the early 1990s. A street where a building’s windows are left broken invites serious crime. Punks begin to stone more windows and streetlamps, paint graffiti, and bully passersby. Adjoining streets also deteriorate. People begin to think no one cares. Muggers and pushers, opportunistic or pro, come in. They know their chances of being identified or caught lessen if they operate on streets where potential victims already are intimidated by the disorder. This epidemic theory of crime holds that law-breaking is contagious, just like a fashion trend.

Mayor Rudy Giuliani and police chief William Bratton employed the reverse to bring down New York City’s crime rate. They began by cracking down on fare beaters — persons who vault over subway turnstiles to evade buying tickets. Not only did they nab plain bums, set stern examples, and make passengers feel safe. It turned out that one of every seven arrestees had an outstanding arrest warrant for more serious crimes: robbery, rape, or homicide.

Subway boss David Gunn focused on making the trains appealing to riders. Juvenile delinquents used to smear graffiti while coaches were in the cleaning yard. The misdeed took three nights: first they’d whitewash the side, return the next night to draw outlines, then spray finishing touches on the third. But Gunn’s workers always moved in to paint over the graffiti before any coach is used in the morning. The youth offenders cried at the sight of long effort gone to waste, and soon quit doing it. New Yorkers began to ride their subway again.

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“Your time is as valuable as the use you make of it.” Shafts of Light, Fr. Guido Arguelles, SJ

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