July 2, 2009...9:01 am

The “leaked” NEA investigation report

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Government agencies are supposed to keep a tight lid on investigations being conducted on any controversy until a decision is made on the questions under review. Prudence and strict ocnfidentiality are supposed to be the guide posts for the investigators, because the outcome of their work could adversely affect the reputations of either party to the controversy, or certain unscrupulous individuals can exploit the advance information for their own profit. It also recognizes the fact that any investigation is not a guarantee that all the facts are unearthed, or that the findings can be regarded as reflecting the gospel truth, and nothing but the truth.

But this is not what is happening in the case of the National Electrification Administration (NEA) investigation into the alleged “bribery” involving Iloilo Electric Cooperative III directors and the Applied Research Technologies of the Philippies (Artech). About a week ago, a draft of an investigation report into this controversy was circulated among local media organizations and quickly pounced upon to fan a conflagration of sensationalism. PA Raul Banias was then on radio, claiming victory, and saying that he’s been proven right after all. He prided himself as being the knight in shining armor fighting for the welfare of Ileco III consumers.

The feeling of euphoria didn’t last long. It was discovered that the leaked report wasn’t authenticated, yet unsigned. Top officials of the NEA weren’t even aware that the report existed. The questions started exploding: how did the draft get into the hands of Banias and the Global Business Power public relations machinery? The obvious answer is that Global’s tentacles, awash with case, managed to creep inside the NEA organization and apply its gentle persuasion techniques to produce a report adverse to the Ileco III and Artech. It’s a simple puzzle that doesn’t require genius to unravel.

The problem is that the PR machinery was too well-oiled, and it slipped. It now could not explain how it managed to get hold of a report that wasn’t even signed yet?

Dr. Banias was placed in an awkward position. He denied being the source of the unsigned draft report. It was just sent to him by email, he claimed. Who did? A media friend, he replied. That supplied the missing pieces of the puzzle. When he said it was furnished by a “media friend,” it became apparent that the source was The Daily Guardian, which happens to be the official mouthpiece of Global Business Power. The connection was established — Global obtained a copy of the report from a friendly investigator who was induced with plenty of reasons to be happy to submit it to the independent power producer before NEA got it.

All that Banias could do was issue a warning: “wait till next week, and a signed copy will be produced!”

The PR machinery of Global Business worked overtime last weekend to repair the damage. Banias had to be rescued from an embarrassing situation. He was exposed as holding an empty bag when it was shown the draft wasn’t even signed. So the PR team arranged for the head of the investigation panel, Omar Mayo, to be interviewed on a Sunday afternoon. Well, the guy could not let down a generous benefactor, so he acceded to an interview to acknowledge having written the report and vouch for its authenticity. It was a face-saving effort, and it didn’t erase the fact that it is a mere recommendation. It is far from being the official stand of NEA on the issue.

What the whole exercise proved is that Global Business Power will not scrimp on its dirty tricks budget to derail the Ileco III-Artech deal. It will not want the contract to reach the Energy Regulatory Board, which has the proper jurisdiction on issues of power rates, because it knows its allegation of overpricing will not prosper. Global Business isn’t being shy about the unethical business practices being employed to get rid of a competitor, and it will pour the needed resources to get the job done. The media, of course, is an indispensable component of this plan, and the PR machinery is doing a good job, too.

But again, the leaked report cannot be regarded as the gospel truth. It is one-sided. It did not observe due process. It cannot be given any probative value, as it clearly shows the bias of the investigating team in making an adverse finding against the Ileco III board of directors and Artech. The prudent thing to do is wait for the process to be completed. Let’s see if the report will satisfy the reviewing panel that will scrutinize it. Until then, Banias and the Global Business Power PR machinery should really shut their mouths. It’s not for them to pre-empt the NEA.

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