Previous posts in this discussion:
PostSOUTHEAST ASIA: Corruption (John Eipper, USA, 05/13/05 5:49 am)
Randy Black writes: Bienvenido Macario makes the case that no one in the Phillipines, or other English-speaking third-world countries, has ever been ?convicted of white collar crimes? and there are no anti-trust laws in the Philippines.? It?s probably appropriate to outline the definition of ?white collar crime? which usually refers to business-related financial crimes, such as fraud, tax violations, software piracy, extortion, embezzlement and other non-violent crimes. Perhaps it would be helpful for me to better understand his concerns if Mr. Macario might outline his additional thoughts after reading the following matters.
April 1, 2005 - Jakarta: Judges at the South Jakarta District Court ?jailed a swindler for life for his part in the embezzlement of Rp1.2 trillion (US$126 million) from state-controlled Bank Negara Indonesia (BNI).
The South Jakarta District Court has so far convicted 11 of 19 suspects in the case. Waworuntu is the ninth to be jailed. Among the others are Ollah Abdullah Agam, Aprilla Widata and Adrian Pandelaki, all of whom were sentenced to 15 years in prison; Richard Kountul received 10 years; and Titik Pristiwati was sentenced to eight years. BNI's Kebayoran Baru branch head Koesadiyuwono received a 15-year sentence, while Santoso, like Waworuntu, was sentenced to life.? Last November another defendant, John Hamenda, a director of PT Petindo, was sentenced to 20 years in jail and fined Rp1 billion. Hamenda's conviction followed a string of earlier verdicts handed down to bankers and others who were implicated in cases for misusing state funds. Last July, for example, two former branch managers of another state bank, Bank Rakyat Indonesia, and two businessmen were sentenced to jail after being declared guilty in a $21 million scandal. In the same month, the Central Jakarta District Court also sentenced Yosef Tjahjadjaja to 11 years in prison for his part in a state-owned Bank Mandiri loan scandal that involved Rp120 billion of state funds.
May 4, 2005 - In the last year alone the Presidents of the Philippines and Indonesia have faced impeachment and criminal trials for alleged embezzlement and bribery. President Estrada of the Philippines was deposed and then arrested last month and may face the death penalty if found guilty.
Evidently, the following may address Mr. Macario?s concerns:
Republic of the Philippines, House of Representatives, Quezon City, Metro Manila, Twelfth Congress, First Regular Session, House Bill No. 198
Introduced by Honorable Narciso D. Monfort, EXPLANATORY NOTE, It is the mandate of the new Constitution that: "The State shall protect the Filipino enterprises against unfair competition and trade practices." The regulation and prohibition of monopolies when public interest requires are also ordained under the New Constitution and that: "No combination in restraint of trade and unfair competition shall be allowed."? The purpose of the bill is to create a regulatory body to oversee that the constitutional mandates are being followed. III. -PROHIBITED ACTS. SEC. 4. The following trade and business practices are considered prohibited and, therefore, unlawful acts:
?1. The monopoly or any move to monopolize any kind of consumer products, goods, commodity or object of trade, commerce or industry, including all the equipment, its replacement parts thereof, essential to the operations of public service and utility entities or collusive action of a person with another person to monopolize in whole or in part the aforementioned objects of trade, commerce or industry in any place in the Philippines;
?2. The monopoly either by direct or indirect ownership, arrangement, combination, collusion with other person or through leases of any enterprises operated for the purpose of providing public service or convenience by air, land and water, including cold storage facilities, electric plants, radio and television stations, movie or beta film production or exhibition, telegraphic, wireless and all forms of electronic communication service, carriers of merchantable items and all other business coupled with public interest.