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1ST PRIZE—1999 JVO INVESTIGATIVE JOURNALISM AWARDS
WHEN A medium-sized book publisher based in Quezon City set out last year
on a trip to a regional office of the Department of Education, Culture and Sports (DECS), she carried a bag bulging with wads of cash.
That afternoon, she needed to thank 10 people for the P20-million contract for the purchase of supplementary educational materials that her firm
produced. The deal was funded by the “pork barrel” money of a Luzon congressman who was then running for the Senate.
Inside the room of the DECS supply officer, her first stop, she pulled out
a brown envelope from her bag and casually handed it over. She ran into
some clerks on her way out of the room and handed each of them a crisp P500
bill for “merienda.”
The publisher then made her way to the accountant who obligated the fund.
Another brown envelope was produced. The next stops were the chief
accountant, four accounting clerks who helped prepare her check, and the
cashier. Out came six more envelopes.
There was one more person to visit before her final stop at the regional
director: the auditor, who also gladly took the brown envelope she
proffered. At the regional director’s office, she waited awhile before she
was ushered into the room. When they were alone, she handed out the last
and fattest brown envelope.
In all, the envelopes held P1.17 million—P1 million or five percent of the
contract for the regional director; P50,000 for the supply officer; P15,000
for the accountant who obligated the money; P40,000 for the chief
accountant; P5,000 each for the accounting clerks; P10,000 for the cashier
who released the check; and P20,000 for the auditor. Adding other “thank
you’s” to other officials, including the 40 percent for the congressman who
provided the funds, the payoffs ate up more than 50 percent of the contract
she had landed.
But the publisher was relieved that the DECS people had not demanded more.
Perhaps, she surmised, it was because three other publishers were doing the
rounds that same afternoon.
Bribery has become a way of life for DECS suppliers, who say the P3-million
bribery attempt at the Department of Budget and Management (DBM) last Jan.
19 was just one link in the chain of corruption so deeply embedded in the
procurement of textbooks and supplementary materials. They also say the
payoffs take place wherever some sort of discretionary power is exercised,
from bottom to top—from as high up as Malacañang as the botched bribe try
shows, and as low as the clerk cashier who prepares the check.
Over 20 people interviewed for this series, including executives of
publishing houses, government suppliers, textbook authors and former and
current DECS officials and employees, confirmed the blatant and
sophisticated cheating in government purchases of educational materials.
They say it has come to a point that much of the money is being channeled
away from textbooks, of which there is a serious shortage, to the purchase
of “supplementary materials,” from which bigger cuts can be made.
Supplementary materials include books, charts, maps, videos and the like
supposed to enrich a child’s learning.
But most of those interviewed, especially the suppliers and publishers,
spoke on condition of anonymity, fearing their disclosure would cost them
their business with the government.
Agents who have been supplying the DECS since the 1970s years speak
longingly of the days when bribes were smaller and bribe-takers were fewer.
“People in the old DECS were nicer,” recalled an agent-turned-publisher.
“You’d just bring them to a nice restaurant and give them a little. The
employees were happy with token amounts.”
But as the funds available for textbooks increased, monetary needs of DECS
workers grew and word of the generosity of suppliers spread, DECS officials
and employees began clamoring for bigger cuts in government contracts. Even
non-DECS people began asking for a slice of the pie. “They grow demanding
by the day,” the publisher lamented.
A Social Weather Stations survey done last September ranked DECS as the
sixth most corrupt state agency in the eyes of the public, after the
Department of Public Works and Highways, Bureau of Internal Revenue and the
police.
But a former high-ranking DBM official said that as the Ramos
administration ended, DECS overtook the DPWH. So staggering were the bribes
from DECS suppliers that many congressmen and senators suddenly shifted
their pork barrel (Countrywide Development Fund and Congressional
Initiative Allocation) from DPWH to DECS, he said.
The bribes or kickbacks go by the now familiar term “SOP (Standard
Operating Procedure).” Agents and publishers, however, prefer to call them
“tapon” (“throwaways”) that they automatically budget when they sell their
books to the government.
In their meetings, various associations of book suppliers and publishers
openly discuss the sums that are set aside for “tapon.” And although they
jealously guard the identities of their connections—the “tirador” who
negotiates and collects on behalf of a state official, and “fixers”—they
generously warn peers to stay away from the “matatakaw” or greedy
officials.
DECS suppliers work within a range for the “tapon”—from a low of 20 percent
to a high of 65 percent of a contract. The commission that agents actually
kept for themselves—five to 10 percent—fell outside the range.
“The range is very fluid,” said a member of the Book Suppliers Association
of the Philippines who has been supplying DECS since 1982. Much, she said,
depends on the number of DECS offices, government agencies and go-betweens
that are involved and how greedy they were.
Bribes also vary according to the source of funds that are used for
purchases and the type of materials supplied to schools, said another
publisher who once worked for DECS.
The lump sum appropriations that Congress sets aside each year specifically
for textbooks and other instructional materials are by no means the only
funds available to public schools for these items. Within the DECS system,
savings from the Maintenance and Other Operating Expenses (MOOE) at the
central and field offices are added to the pot for textbook purchases.
For years, millions of pesos had also found their way to DECS for books
from pork barrel funds until these were abolished by the Estrada
administration. Local governments also help in the purchase of schoolbooks
through contributions from the local school board fund.
Normally, suppliers deal only with the DECS division, region or central
office, or two offices at most, at any one time. In these transactions,
government auditors inevitably have to be included in the “tapon” to ensure
they look the other way when irregularities or lapses are committed.
But when transactions require a realignment of the DECS budget, pork barrel
funds and the local school board fund, the chain of corruption extends to
the DBM, Malacañang, Congress and local government units.
Long before the Quezon City-based publisher went on her afternoon
“appreciation” trip, for instance, she had already handed a broker P5
million or 40 percent of the contract for the congressman who had used part
of his pork barrel to buy her materials. She had been told that amount
included the five percent that the lawmaker’s chief of staff was to give
DBM officials and employees for releasing the SARO or special allotment
release order for the transaction.
Weeks before she showered her thanks at the DECS regional office, the
publisher had also gone to the school divisions to distribute “cuts” to
superintendents who had received the books. This came up to three percent
of the contract. The publisher had also taken care of the administrative
officer (P7,000 each) and auditor (P10,000 each) in every division.
But she has no regrets about having to give so much grease money. For that
particular transaction, she still stood to gain P3 million even after
paying the printer and forwarder.
Suppliers said supplementary materials are actually where they and
government officials make a killing and not on textbooks, as many believe.
Thus, despite the severe textbook shortage, which has caused textbook to
pupil ratio to worsen to 1:6 in elementary and 1:8 in high school, the bulk
of purchases for public schools has been used for supplementary and
reference materials, from which bigger cuts can be made.
“Manipis lang ang tapon diyan (The ‘throwaway’ isn’t much from textbooks),”
said the agent-turned-publisher of textbooks contracts. “It’s 20-all.” She
meant the bribes given to the regional office and schools divisions under
it add up to 20 percent of a contract.
In contrast, kickbacks for supplementary materials start at a low of 40-all
and hit a high of 60-all to 65-all, suppliers themselves said.
In the case of textbooks purchases, regions transact directly with the
private sector, and the regional director takes five to 10 percent, said
suppliers. The region’s supply, finance and budget, accounting
administrative officer and auditor, meanwhile, each expects 0.5 to one
percent. The allocation of the division superintendent who receives the
textbooks is three percent while the staff gets two percent.
“There are division superintendents who complain about the three percent,”
said the publisher, “but they know that we can’t go any higher because they
know our profit margins are small.”
The lean margins are due to the price caps and other rigid conditions,
including paper specifications and door-to-door delivery, imposed by DECS
on textbooks.
While supplementary materials are covered by price ceilings as well, they
are allowed a bigger markup. On average, supplementary materials cost 20 to
30 percent more than DECS-approved textbooks because their pricing is based
on print run of only 5,000 copies instead of the 50,000 copies used for
textbooks. DECS also does not prescribe the type of paper for supplementary
materials.
When sold directly to a DECS regional office, suppliers are prepared to
throwaway “40-all” for supplementary materials. At least 15 percent would
go to the regional director and another 15 percent shared by division
superintendents under him.
In the case of supplementary materials offered to congressmen and senators,
publishers often budget “50-all” as “tapon.” As much as 30 to 35 percent
usually go to the legislator and his staff, five percent of DBM, and the
rest to the DECS office that receives the pork barrel. But there have been
instances when kickbacks reached 60 to 65 percent because the lawmaker kept
the 30 or 35 percent for himself or demanded 40 percent.
An ex-staffmember of several lawmakers said suppliers went directly to
legislators to offer their books. The lawmaker’s chief of staff or a
relative acted as the “tirador” and negotiated with the suppliers.
“The practice was kaliwaan,” said the staff. The supplier gave half of the
SOP as soon as the lawmaker signed the letter to the DBM identifying the
titles he wanted to purchase with his pork barrel. Either the supplier or
the chief of staff followed up the release of the SARO from DBM. When the
SARO was released, the supplier went back to the legislator to pay the
balance of the SOP.
The staff noted that some suppliers even got legislators to sign
requisition issue vouchers, which is against auditing rules. And since the
titles were already specified, it was futile for DECS to hold public
biddings.
Division superintendents and district supervisors enjoy one privilege that
their regional bosses do not: they have at their disposal the Special
Education Fund (SEF) or the local school board fund.
The fund is drawn from proceeds of the one percent real property tax a
city, town or province collects. It is intended for teachers’ allowances,
construction and maintenance of schoolbuildings and instructional materials
and school supplies. In some rich Metro Manila towns and cities, the SEF
reaches P500 million each year.
Only the local school board, co-chaired by the governor and school
superintendent or the mayor and the district supervisor, has control over
the SEF. It is what many book suppliers run after these days, offering SOP
of “20-all” to “40-all,” depending on how powerful the school
superintendent or district supervisor is. If the school official is
co-equal with the governor or mayor, then the SOP rises to “40-all,”
because the two would split the kickback in half. If the school official
is subordinate to the local official, his share is normally cut to five
percent.
To be fair, not all state officials demand SOP. One ex-Central Luzon
governor, for example, refused the 15 percent share offered her, asking
that it be used to buy more books. What she didn’t know was the
superintendent got five percent of the contract. One former congressman
also often asked that his share be used for supplies that public schools
needed.
But the former governor and the former congressman are exceptions. Said a
supplier: “The majority of them are spoiled and greedy.”
Aside from payoffs, DECS suppliers have resigned themselves to doing extras
for school officials, especially when they come to Manila. Said a
publishing house executive: “Suppliers fetch them at the airport, billet
them at an expensive hotel, give them pocket money, chauffeur them around
town and buy the pasalubong that they would bring back to their provinces.”
But what irk suppliers are state officials and employees who wangle for
more money or break their word. One supplier said she was forced to cough
up 20 percent instead of the agreed upon 15 percent after a DECS regional
director threatened to give the contract to someone else. “I had no
choice,” said the supplier. “Right behind me were people willing to take
over.”
A broker who cornered millions of pesos in pork barrel funds also said some
lawmakers became greedier as the years went by. On his first term, a
popular Southern Luzon congressman settled for 20 percent. But on his
second term, he demanded no less than 40 percent.
One ex-DECS official asked an agent to turn over to him the entire 20
percent intended for the central office, promising to take care of the
shares of “helpful” employees. But the agent later had to shell out another
five percent for DECS employees because the official kept all of the money.
Suppliers are also finding out that clinching contracts from the local
school board is not that simple, especially in Metro Manila. Publishers now
shun one city after several agents were told to first see the mayor’s wife,
who asked them pointblank, “Can you give a car?” They were then told that
the car was on top of the SOP they were to give to the mayor.
Some suppliers suggested that if the government is serious about curbing
corruption, it might want to run a lifestyle check on DECS officials and
employees.
According to the suppliers, one high-ranking education official who
resigned last year now has a posh resort in Mindanao. A retired regional
director, meanwhile, owns a house in Ayala Alabang and Xavierville. Another
ex-regional director operates a big private school in Luzon. Remarked the
agent-turned-publisher: “They’re so corrupt, it makes you cry.”
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