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President signs 2019 edition of Salary Standardization Law

PRESIDENT Rodrigo R. Duterte signed into law the latest round of the Salary Standardization Law, which is expected to upgrade the pay of 1.4 million civil servants.

The President signed the Salary Standardization Law of 2019 on Wednesday, the Palace said. The complete program grants salary increases for government employees in four tranches until 2023.

“The compensation of all civilian personnel shall generally be competitive with those in the private sector doing comparable work in order to attract, retain, and motivate a corps of competent and dedicated civil servants,” according to the text of the Salary Standardization Law.

The President’s Spokesman, Salvador S. Panelo, confirmed the law’s signing at a briefing Thursday, noting that Mr. Duterte was focused on improving work conditions for nurses and teachers.

“The law is aimed at benefiting those hard-working men and women in the government, including our teachers and nurses who unfortunately have been neglected in the past,” Mr. Panelo said.

The law’s implementation schedule is Jan. 1 of every year until 2023. It covers all personnel, whether they are “regular, casual, or contractual; appointive or elective; and on full-time of part-time basis.”

The increase will apply to government personnel in the Executive, Legislative, and Judicial branches; local government units (LGUs); and as well as certain constitutional commissions and Government-owned or controlled corporations (GOCCs). Government officials who are not covered immediately by the salary increase are the President, Vice President, and Members of Congress. The law restricts salary increases for these offices “only after the expiration of the respective terms of the present incumbents.”

Those excluded from the increase are military personnel; GOCCs covered by a Compensation and Position Classification system; and job-order or contract workers. — Gillian M. Cortez

Clark airport new terminal seen operational by July

THE NEW passenger terminal of Clark International Airport, which is expected to increase the airport’s overall capacity to 12.2 million passengers yearly, is set to be operational by July, the Department of Transportation (DoTr) said.

Transportation Assistant Secretary for Communications Goddes Hope O. Libiran said in a phone message to BusinessWorld on Thursday that the new passenger terminal is set to be “operational” by July.

In its annual report obtained by BusinessWorld on Wednesday, the DoTr said: “With the new terminal set for completion by July 2020, CRK’s (Clark International Airport) overall capacity will increase to 12.2 million passengers annually.”

It also noted that new routes continue to be added to the airport, “with direct flights from Iloilo, Bacolod, and Narita, Japan now available.”

Clark International Airport has an annual capacity of 4.2 million passengers with the current terminal building.

The DoTr said in a statement Thursday that the P12.55-billion-project is deemed 93.31% complete.

“Ongoing works which are in various stages of completion include the exterior finishes, ancillary facilities, specialist systems and equipment, as well as the landside works,” the DoTr added.

According to the official website of the Public-Private Partnership Center, the Engineering, Procurement, and Construction Contract was signed in January 2018.

The new passenger terminal building, which will have an annual capacity of 8 million passengers, is being built by Megawide Construction Corp. and GMR Infrastructure Ltd.

“As the DoTr continues to rehabilitate NAIA (Ninoy Aquino International Airport), more airports are being added while existing gateways are being expanded. For Secretary (Arthur P.) Tugade, the construction and rehabilitation of alternative airports will boost connectivity and mobility for Filipinos, giving them additional travel options,” the transportation department said.

Clark airport is being pushed by the government as an alternative to Manila’s NAIA, which has been operating beyond its 30.5 million passenger capacity, recording throughput of 45.3 million passengers in 2018, 42 million in 2017 and 39.5 million in 2016.

“These developments at Clark International Airport are seen not just to help ease congestion at NAIA, but also to generate various jobs and push for economic growth in North and Central Luzon,” the DoTr said. — Arjay L. Balinbin

Ilocos Sur cruise port now in use; formal inauguration this month

TRANSPORTATION Secretary Arthur P. Tugade said the newly-developed Salomague Cruise Port in Cabugao, Ilocos Sur, which serves as an alternate cruise port for Region I, will be formally launched this month.

Marami, ‘yung Salomague, ginagamit na ngayon pero i-inaugurate na namin (A lot, including the Salomague Cruise Port. The cruise port is already in use, but we will now inaugurate it),” Mr. Tugade told BusinessWorld on Wednesday when asked about ports to be launched in January.

In a social media post in December, the Department of Transportation (DoTr) said that the Salomague Cruise Port will serve as an “alternative cruise port in Region I” as it is located near attractions and beaches in the Ilocos provinces.

“It is also proximate to the home ports of (cruise ships in) Hong Kong and South China,” it added.

Cruise ships visiting the region currently call at Currimao, Ilocos Norte.

Bloomberry Cruise Terminals, Inc. (BCTI), in collaboration with the Philippine Ports Authority (PPA), facilitated the completion of the Salomague cruise port’s terminal facilities.

“It was the PPA that spearheaded the construction of the RC (reinforced concrete) Pier extension, and cruise ship berthing area,” the DoTr said.

The DoTr sees the newly-developed cruise port as a “testament (to) the harmonious synergy” between public and private sectors as they work together to advance economic growth in regions and boost the country’s transportation and tourism industry.

The port allows year-round cruise operations.

According to the 2019 Annual Report of the DoTr, the administration has completed a total of 317 commercial and social or tourism port projects.

“The improvement of the nation’s ports is seen to boost connectivity and mobility, as well as spur regional growth in trade and tourism,” the DoTr said.

Among the projects completed last year are Davao del Sur’s Malalag Port, General Santos City’s Makar Port, Davao City’s Sasa Port, Bohol’s Tubigon Port, Southern Leyte’s Limasawa Port, and Misamis Oriental’s Opol Port. — Arjay L. Balinbin

Trade department calls for stricter monitoring of building-code norms

TRADE SECRETARY Ramon M. Lopez said local governments should ensure that they issue building permits only to construction projects that comply with the building code and use materials that meet product quality standards.

Dapat mas strict ’yung adherence to code, at ’yung actual clearances given by LGUs (local government units) — all these building permits (Adherence to code must be strict and tied to the issuance of LGU clearances),” he told reporters at a construction forum Wednesday.

He said that the industry must use construction materials that comply with the requirements of the Department of Trade and Industry’s (DTI) Bureau of Philippine Standards.

“We must address the regulations of the construction sector affected by governance issues regarding the issuance of construction permits and the procurement of government projects, and I must add also to ensure that we only use standard, compliant construction materials,” he said during his presentation.

Mr. Lopez said that the regulatory and enforcement powers of the Construction Industry Authority of the Philippines must be strengthened to curtail unlicensed construction activity and improve compliance with building standards.

He noted the need for resiliency and sustainability standards because the Philippines is among the most disaster-prone countries in the world.

DTI in November said it will investigate the use of substandard steel in building projects, after a series of earthquakes in Mindanao called into question the quality of infrastructure.

The department has issued new technical regulations for cement, steel bars and glass, and is studying the inclusion of roofing, ceramic tiles, and plywood in the list for mandatory certification.

DTI is also holding consultations for regulations on black iron and galvanized iron, steel pipes and steel sheets. — Jenina P. Ibañez

Planters on SRA board seek ‘clarification’ on sugar import plan

SUGAR PLANTERS and millers on the Sugar Regulatory Administration (SRA) board said they were not consulted after the agency’s administrator signaled his willingness to allow food processors to import sugar should domestic prices prove uncompetitive.

“(SRA) Administrator (Hermenegildo R.) Serafica must clarify to the sugar industry that such agreement in principle is his own personal position and not that of the industry that was not privy to such decisions,” the board’s Sugar Planters Representative Emilio Bernardino L. Yulo, and Millers Representative Roland B. Beltran said in a joint statement Thursday.

They added that the board was not consulted on the import and price benchmarking scheme.

Trade Secretary Ramon M. Lopez said that he asked the SRA to allow food processors to import sugar if domestic prices cannot match a price of about P1,900 per 50-kilogram bag.

The government has noted that the high price of domestic sugar is weighing down the growth of the food processing industry. The Department of Finance (DoF) formally proposed sugar imports in September 2019, a plan that is currently on hold amid opposition from the industry.

Mr. Serafica said that he told Mr. Lopez that the current importation program of the SRA of requires food processors to register with the agency.

“I explained to Secretary Lopez that food processors can participate in any importation program for as long as they are SRA-registered international traders. All they have to do is register so they can participate,” he said in a text message.

He also told Mr. Lopez about an import program for those who need to import sugar to make products for export.

“They can register with the BoC (Bureau of Customs) as (operators of a) Customs-Bonded Warehouse (CBW) and avail of import allocations under SRA’s program for CBWs. This program of SRA for CBW/food processors/manufacturers was started in the ’90s and has been in place for about three decades now,” he said. — Vincent Mariel P. Galang

DA removes post-Fukushima requirements on Japanese produce

THE Department of Agriculture (DA) said it removed the radiation analysis requirement on selected Japanese commodities for import to the Philippines.

In memorandum order no. 1, series of 2020, Agriculture Secretary William D. Dar said that the “certificate of radiation analysis and certificate of origin for the importation of Japanese commodities are no longer required.”

The Bureau of Agriculture and Fisheries Standards (BAFS) had been ordered to conduct a food safety risk assessment of radionuclide in commodities which include fish, beef, apples, and pears from Japan.

“The food safety risk assessment concludes that there is no significant food safety threat on fish, apple, pear, and beef imported from Japan,” it said.

In 2011, Japan was hit by a magnitude-9 earthquake and a tsunami, which destroyed the cooling systems at Tokyo Electric Power Co.’s Fukushima Daiichi nuclear plant. This caused reactors to melt down and emit radiation into the air, soil, and sea.

The DA issued memorandum order no. 12, series of 2011, which requires plants, planting materials, and plant products originating from the Fukushima area to have certificate of radiation analysis. It also required certificates of origin for other imports from other prefectures.

Memorandum order no. 14, series of 2011 requires dairy products and animal feed imports not from Fukushima and Ibaraki to have a certificate of origin and a certificate of declaration. — Vincent Mariel P. Galang

Peso strengthens vs dollar

peso dollar bills
THE PESO rose as tensions between the US and Iran eased. — BW FILE PHOTO

THE PESO climbed against the greenback on Thursday with tensions between US and Iran seen to have somehow subsided.

The local unit closed at P50.651 a dollar on Thursday, strengthening by 10.50 centavos from its P50.756 finish on Wednesday, according to data from the website of the Bankers’ Association of the Philippines.

The peso opened at P50.65 against the greenback. Its weakest showing was at P50.74, while its strongest was at P50.525 a dollar.

Dollars traded dropped to $1.582 billion from $1.963 billion on Wednesday.

A trader and an analyst attributed the local unit’s appreciation to risk-on sentiment due to news that geopolitical tensions in the Middle East have subsided.

“The peso strengthened as Middle East tensions eased after Iran intended not to engage in a war and after US President [Donald J.] Trump was reported to unlikely use any further military retaliation,” a trader said in an e-mail.

Reuters reported that Mr. Trump said it is not necessary for the US to hit back after Iran’s attack on US troops stationed in Iraq as part of Tehran’s retaliation for the killing of their military commander Qassem Soleimani.

Mr. Trump assured that no Americans were hurt and that there was no major damage to the missile launches of Iran that targeted their base in Iraq.

“The fact that we have this great military and equipment, however, does not mean we have to use it. We do not want to use it. American strength, both military and economic, is the best deterrent,” Mr. Trump said.

Meanwhile, Iran’s Foreign Minister Mohammad Javad Zarif said that their strikes in the Iraq base of American troops “concluded” their response to Mr. Soleimani’s death.

“We do not seek escalation or war, but will defend ourselves against any aggression,” Mr. Zarif wrote on Twitter.

UnionBank of the Philippines, Inc. Chief Economist Ruben Carlo O. Asuncion said the market largely responded to a potential “de-escalation” of hostilities between Tehran and Washington.

“The peso seem to have moved sideways but still from a position of strength, with no apparent major mover in today’s trading,” he said in a text message on Thursday.

For today, the trader expects the local unit to trade at around P50.60-50.80 per dollar, while Mr. Asuncion set a forecast range of P50.50-50.80. — LWTN with Reuters

PHL shares end higher as US-Iran tensions ease

By Denise A. Valdez, Reporter

LOCAL SHARES kept fluctuating on Thursday, bouncing back to record a gain yesterday as investor concerns on the US-Iran friction eased.

The bellwether Philippine Stock Exchange index (PSEi) added 61.4 points or 0.79% to close at 7,797.64 yesterday, while the broader all shares index increased 17.25 points or 0.37% to 4,612.83.

The regained confidence in the market was attributed by Timson Securities, Inc. Trader Darren T. Pangan to the easing tension between United States and Iran.

In a text message Thursday, he said, “The market went up amid a more optimistic investor sentiment as President Trump stated that he is holding off any military confrontation on Iran despite the bombing in their base at Iraq yesterday.”

Despite global alarm following the killing of Iranian military commander Qasem Soleimani by US forces last week, Reuters reported the two countries seem to want to extinguish the fire, quoting US President Donald Trump as saying: “The fact that we have this great military and equipment…does not mean we have to use it. We do not want to use it. American strength, both military and economic, is the best deterrent.”

However, the United States told the United Nations on Wednesday that the killing of the Iranian commander last week was self-defense and vowed to take additional action “as necessary” in the Middle East to protect US personnel and interests.

In a letter to the UN Security Council, US Ambassador Kelly Craft said the United States also stands “ready to engage without preconditions in serious negotiations with Iran, with the goal of preventing further endangerment of international peace and security or escalation by the Iranian regime.”

Wall Street appeared at ease at the end of Wednesday’s trading. The Dow Jones Industrial Average, the S&P 500 and the Nasdaq Composite indices gained 0.56%, 0.49% and 0.67%, respectively.

Over at the PSE, most sectoral indices also had a positive performance on Thursday. Mining and oil surged 166.83 points or 2.06% to 8,250.05; property swelled 49.65 points or 1.21% to 4,139.70; services increased 15.84 points or 1.02% to 1,560.77; holding firms added 60.38 points or 0.79% to 7,666.58; and financials inched up 6.46 points or 0.35% to 1,810.91.

The only declining sub-sector was industrials, which fell 21.48 points or 0.22% to 9,418.55.

Some 843.96 million issues worth P5.56 billion switched hands on Thursday from Wednesday’s 1.76 billion issues worth P5.17 billion.

Advancing stocks outnumbered those that fell, 108 against 81, while 43 names ended unchanged.

Foreigners remained sellers, with net foreign outflows rising to P488.30 million from the P428.75 million recorded on Wednesday.

Mr. Pangan said for today, investors may react on economic announcements of the trade balance and Philippine foreign direct investments. — with Reuters

Passports for sale

A distressing piece of news, so early in the brand new year, that yet more corruption of our sovereignty and a bastardization of our institutions is happening. As the title states — our Philippine passports are reportedly being sold at P300,000 each and sometimes bought for P500,000.

What’s with the Philippine passport? For a country with poor visa access to other countries and with users associated with overseas labor, why bother spending half a million pesos for it?

A passport is primary evidence of citizenship. By holding Philippine passports, foreigners are now vested with all the rights (and obligations) of citizens. Given that our Constitution prohibits the ownership of land by foreign nationals, aliens who are issued Philippine passports can legally buy and sell property without any restrictions.

Breaching the condominium ownership limit of 40% for foreigners is one immediate effect. Industries and businesses that are closed to foreigners or have restrictions on their percentage ownership are made open to these “Filipinos.”

In the provisions of government services, these “Filipinos” enjoy the same privileges as any other Filipino. Their children will be entitled to Philippine citizenship.

While we Filipinos are generally welcoming to foreigners and we even grant citizenship to deserving ones who have served our communities, it is entirely different when a foreigner buys a passport this way. There is no process to determine if indeed such foreigners merit the benefits of citizenship and the protection of the State, no matter how weak, without the prerequisite contribution or responsibility.

At present, a qualified foreigner may apply administratively or judicially to acquire Philippine citizenship. It is a tedious but necessary procedure. Without this safeguard, citizenship is for sale like any other product or service — when the demand for it is met by the supply at the price point.

The related problem is that the seller of the passports is invariably an agent of the State. The Department of Foreign Affairs issues passports in the name of the Republic to its citizens. It is not to be granted to aliens unless decreed. It is straight-up corruption and, at worst, treason to be selling out our national identity. Our witty and hardworking Secretary of Foreign Affairs can quickly see the ramifications.

Our institution is then corrupted. Instead of being the enabler for Filipinos to be recognized and respected globally, other countries will now have to doubly scrutinize holders of Philippine passports. As it is, it is not fun to travel with our brownish maroon passports.

It is the worst kind of foreigners who will resort to this scheme — they are moneyed, in a rush, and violate the law with impunity in cahoots with locals with no sense of morals. They are a predictable sort, these aliens — we know who they are. These are the aliens that our laws label as “undesirable” and “deportable” after service of prison terms.

How do we approach this issue? First is to find out the gravity of the problem. There must be a recognition or acknowledgement that these arrangements are taking place. An audit of the passports issued within the last five years from 2015 need to be made with a composite task force from the offices of the Secretaries of Foreign Affairs, Justice, and Interior and Local Government.

It will not be a difficult task. What is the test of citizenship? Or, how can one tell one is a Filipino? A quick five minute interview with questions in the vernacular, on Filipino customs and traditions, on beauty contestants will do the trick and ferret out the truth.

Does it require a congressional investigation? Perhaps, but the objective ought to be the same — the preservation of our national honor and dignity, the protection of our institutions and compliance with the rule of law, and the punishment of the guilty and the greedy.

On a different note, perhaps the country should adhere to a stricter reciprocity agreement. As of today, a Filipino is made to jump through a ring of fire, to wait 45 days while his passport is held by the Korean Embassy for a visa to be issued or denied. To think the Koreans are the number one visitors — visa free of course — to the Philippines, besting Americans and Chinese for the past many years running. Surely, one week is more than enough for an ally with a long history of friendship.

At the very least, our Foreign Affairs department should act to streamline and lessen the burden for Filipinos. This is a small step to demonstrate that we are protecting our overseas workers from being abused or killed. It is also small step to make passport issuance faster, easier, and cheaper for Filipinos instead of selling passports to undesirable aliens.

Media 2020

As if to remind the Philippine press and media of the challenges they face during his troubling watch, President Rodrigo Duterte began the new year by urging the owners of ABS-CBN to sell the network. He had earlier threatened to make sure that the House of Representatives majority he controls doesn’t renew its franchise, which expires on March 30 this year. One of his accomplices in that House of ill-repute has in so many words assured him that they will do exactly that.

Mr. Duterte has been as obsessed with ABS-CBN as he has been with the online news site Rappler and the Philippine Daily Inquirer newspaper. He has accused the TV and radio network of defrauding him for not airing his campaign ads in 2016. He has also described it as a partisan of the opposition, and alleged that it has been spreading false information.

ABS-CBN sources say they didn’t air his ads in 2016 because they were not submitted on time and therefore didn’t meet their programming deadline, and that they returned his money. He nevertheless wants the network “out,” in what had seemed to be part of his by now well-established anti-press freedom agenda of harassing any media organization with any semblance of independence and adherence to the professional and ethical standards of journalism. But his latest diatribe validates the suspicion that his intention is not to shut it down, but to turn it over from its present owners to another group that is acceptable to him.

Make that a group that is the closest and most loyal to him, his interests, and his de facto dictatorship. What he very likely has in mind is led by one of his Chinese cronies, who has been buying up and taking over companies as if he were made of money. His conglomerate has recently gone into the media and mass communication business in addition to power and water utilities. His acquisition of ABS-CBN could be the beginning of a regime plot to create, in tandem with the government media system, its own news monopoly. With his support and all the money in the world, there is little to prevent Mr. Duterte’s oligarchs from taking over any privately owned media organization and even the entire system. But it would only be part of the Marcos-era crony capitalism that the regime is reprising.

The by now likely possibility that ABS-CBN’s franchise will not be renewed and that it will either cease operations or fall into the grubby hands of Mr. Duterte’s China-backed cronies is a blow to press freedom that is paradoxically occurring in the context of two positive developments on the media front. These are, first, the conviction of the principals and their accomplices in the 2009 Ampatuan Massacre of 58 men and women including 32 journalists and media workers; and second, the launch of the UNESCO-supported Philippine Plan of Action on the Safety of Journalists (PPASJ) crafted by several media advocacy and journalists’ groups.

Both were glimmers of light in the dark pit of attacks, harassments, and threats against press freedom and free expression into which the country has fallen under the foul watch of the Duterte despotism.

The list is long and lengthening. Mr. Duterte, his online trolls, and the clueless bureaucrats of the government media system and its print and broadcast hacks have been threatening the Philippine Daily Inquirer at every opportunity. As the rest of the world but few Filipinos know or care about, the regime and its agents have filed a total of 11 complaints and court suits against Rappler, banned its Malacañang reporter from the Palace, and even denied its correspondents access to public events in which Mr. Duterte is present.

Under regime orders, a purveyor of manipulative information has been taking down the sites of several alternative media organizations through Distributed Denial of Service. The Duterte police and military are also red-baiting and further endangering the lives of journalists for being true to the fundamental journalistic principle of multi-sourcing as part of the imperative of getting at and reporting the truth. Journalists are still being killed for their work despite the Presidential Task Force on Media Safety (PTFoMS). The death toll during the past three years of the Duterte regime is currently at 14 — and counting.

The conviction on Dec. 19 of several members of the powerful Ampatuan clan and the police and military thugs under their pay did not end impunity overnight, and neither is it likely to stop the killing of journalists. It did not disband the private armies of the warlords in the regions, mostly in Mindanao, that over the last 20 years have proven to be the most dangerous places for journalists, human rights defenders, and social and political activists. Neither did it abolish the paramilitaries that have been involved in the harassment and murder of journalists, or stop the collusion between the police, the military, and local government officials in that brutal enterprise. But it has at least planted a seed of doubt in those who would silence journalists that they can always get away with murder, which an acquittal would have otherwise declared in the clearest and most incontrovertible terms.

On the other hand, by addressing the multiple factors that over the years have made journalism in the Philippines its most dangerous profession, the PPASJ has the potential to make the practice of journalism safer. Among those factors are the lack of public awareness of the problem, which the Plan would correct by encouraging the inclusion of a subject on journalists’ safety in the curricula of journalism schools. A companion to this solution is a campaign to encourage public understanding and appreciation of the role and value of a free press in society.

The Plan has five “Flagship Areas”: assuring integrity and professionalism in the journalism community; creating conducive working conditions for journalists; developing safety and protection mechanisms; engaging the criminal justice system in the defense and security of journalists; and putting in place a public information campaign, raising the quality of journalism education, and encouraging research.

The Plan is the responsible journalism community’s own version of a “whole of nation” approach that recognizes the need for, and seeks the implementation of multiple reforms not only in the environment in which journalists have to function, but within the press and media community itself. It does not preclude government participation in the effort to assure the safety of journalists, stop the killings, and end the culture of impunity. On the contrary. It wants such government agencies as the Department of Justice, the police, and the military to be involved in that campaign. Government is, after all, implicitly charged with the defense of press freedom and free expression by Article III, Section 4 of the Constitution, which explicitly declares that no law may be passed abridging those freedoms.

But the present regime’s sustained assaults on the independent press and media have made it clear that it is unlikely to lift a finger to help achieve the Plan’s goals. In the face of government indifference and even hostility, the challenge to the journalism community in 2020 is to mobilize its own human and material resources as well as those of academia, civil society, and the public in defending the independent and critical press as an essential power in understanding, democratizing, and reforming Philippine society. That will admittedly be difficult; meeting a challenge always is.

 

Luis V. Teodoro is on Facebook and Twitter (@luisteodoro).

www.luisteodoro.com

Siya nga: Reflections with art

“Words are windows that open us to mystery. Visual art that accompanies those words deepens the colors we see and brings us even closer to the wonder of it all,” remarked Father Jose Ramon “Jett” Villarin, SJ, on his new book, Siya Nga! This is a Filipino expression of wonder, of openness to possibilities. It is an epiphany and eureka!

The book is a collection of short reflections by the author on 52 terms in the Christian faith. It is unique “crossover” collaboration between the Ateneo de Manila University president and De La Salle University Publishing House’s editor David Jonathan Y. Bayot.

“The book design of mobilizing images to elucidate — that is — to bring the light out of the reflection pieces… I envisioned the book to be one that contains images of art work by a broad range of Filipino artists.”

The canonical ones include the National Artists such as Federico Aguilar Alcuaz, Benedicto “BenCab” Cabrera, Arturo Luz, with Elmer Borlongan, Justin “Tiny” Nuyda, Betsy Westendorp (whose painting is featured on the book cover) to the younger voices in the Philippine art scene.

“As curator in charge of pairing the artworks with the reflections in the book, the ‘match-making’ process is not as straightforward as I thought it would be when we began the book,” Mr. Bayot revealed.

“Firstly, I already had a good idea of the contents of the reflection pieces. Fr. Jett and I had earlier agreed on the 52 terms for the reflections.

“Secondly, I had a list of artists that I wanted to include in the book. On that list, I noted two or three of my favorite artworks from each artist — works that I thought could go very well with the reflections.

“Thirdly, as I was matching the art and the writing, I began to realize that there’s not just one way of matching the two genres, because another art piece could go as well of not better with a particular reflection. And here’s the tricky part: one time I tried to alter the original match and substitute a different art piece, the whole configuration would change,” he remarked.

“The alternation has a domino effect,” Mr. Bayot said.

“The basis of the matching is a lot subjective. I would say that the pairing is based on my interpretation of the artwork vis-à-vis the refection. It’s an interpretation that I can surely justify or defend.

“My matching of Erwin Mallari’s Offline with ‘Incarnation’ is based on my understanding of what Fr. Jett is trying to explain about the incarnation of Christ. Erwin’s work has indeed captured the excruciating pain suffered by God as He incarnated himself to be one of us… Its about time readers get a more thoughtful and ‘unusual’ image of incarnation: It’s in essence a Godhead giving up His divinity and undergoing that the Jesuit philosopher and paleontologist Pierre Teilhard de Chardin called an ‘involution’ — a reduction of essence on God’s part, to the point that He became like the other boy in the painting, as they float together through the murky waters of life, on an improvised boat made of Styrofoam… The Styrofoam is obviously a piece of garbage… God dwelling in garbage among more garbage — that should compel the readers to have a more defamilarizing view of the incarnation.

“The painting In Solitude and the reflection on ‘Weight’ — the two pieces are a good match because while the painting shows through its color, texture, and subject of depiction of the human experience of the heaviness of life with life, the art piece also highlights the graceful buoyancy exemplified by the boats — a spiritual buoyancy once could capture through a certain mindfulness of God’s grace and love in one’s life,” Mr. Bayot said.

There’s more that one way of pairing the reflection and the art. The book features 49 artists and 74 artworks. There is a portion of 15 images that allows the reader to match reflections with art.

“The newness of God will never grow old and the bigness of his love… never grow small,” Fr. Villarin stated.

The book enlightens the mind and inspires the spirit. The artworks are visually stunning.

The book launch for Siya Nga! will be held on Jan. 28, 4 p.m., at the Verdure, Henry Sy, Sr. Hall, De La Salle University, Manila. For more information, contact Joanne Castanares at 8523-4281 or via e-mail at joanne.castanares@dlsu.edu.ph.

 

Maria Victoria Rufino is an artist, writer and businesswoman. She is president and executive producer of Maverick Productions.

mavrufino@gmail.com

A legal killing

It was the shot heard around the world. Declared more significant than the deaths of Osama Bin Laden and Abu Bakr al-Baghdadi. So — perhaps predictably — questions were raised regarding the legality of Qasem Soleimani’s killing.

In exploring this issue, we avoid touching on the strategic, political, or military merits of the killing. Nor do we dwell on media’s proffered motivations: be it about oil or Donald Trump’s impeachment proceedings. This article’s focus is on the legal, and, even then, is admittedly hampered by a shortage of facts that may take years before such is rectified. The discussion here therefore should be treated merely as that: a discussion.

Firstly, though General Soleimani was Iranian, the attack was not necessarily against Iran. This is crucial because the US has no overt armed conflict with Iran (at least at the time Soleimani was killed).

But Soleimani led the Qud’s Force, a unit within Iran’s Revolutionary Guards whose purpose is to extend Iran’s will to militias abroad. These include, amongst others, Hezbollah and Shiite groups. This was enough to tag Soleimani a terrorist, which the US had indeed declared war against.

Before Soleimani’s death, he was credited with causing substantial damage to US assets (including attacks on US ships and embassy) and deaths of US military servicemen. At the time of the attack, he was in Baghdad reportedly planning further mayhem against the US and was indeed killed in the company of Abu Mahdi al-Muhandis, the leader of the group that stormed the US embassy in Iraq just a few days before. Finally, complicating the situation, Iraq was not informed of the US plans to kill Soleimani. Neither was the US Congress.

Taking this as framework, can it be argued that the killing was legal? The answer still remains yes, both from the perspective of US law and of international law.

The US Constitution itself, under Article II, provides that “executive Power shall be vested in a President of the United States of America” and that such “President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.”

Famously, there is Executive Order 122333, which (as amended) reads: “No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.” This has always been understood as the killing of a person in peacetime. Soleimani, it could be argued, was thus not assassinated but rather killed as an enemy combatant. Same with Bin Laden, same with al-Baghdadi, and like Admiral Yamamoto (whose plane was shot down by the US) back in WWII.

This arguably puts the matter under the ambit of the 2002 US’ Authorization to Use Military Force Act (designated as Public Law 107 — 243), which covers “the continuing threat posed by Iraq.” William Castle, the US Defense Department’s acting general counsel in 2017, stated that such a provision is “understood to authorize the use of force for the related dual purposes of helping to establish a stable, democratic Iraq and of responding, including through the use of force, to terrorist threats emanating from Iraq.” Soleimani’s past and future efforts could thus be considered covered.

Finally, there is the 1973 War Powers Resolution (50 USC Ch. 33), which requires the president requesting Congressional authorization within 60-90 days for “hostilities.” But the ambiguity of the term poses significant doubts as to whether such covers a single killing. It may be applicable if the troubles in Iran escalate, but until then the Article II’s wide ambit may provide cover for President Trump.

Under international law, legality could be demonstrated through two lines of argument: that there is an ongoing war against terrorism and that Soleimani is an enemy combatant in that war. Or that the inherent right to self-defense (seen in Article 51 of the UN Charter), as well as the US’ consistent reliance on the doctrine of “anticipatory self-defense” (and the Bethlehem Doctrine), permits such a killing. Either way, the principles of proportionality, humanity, military necessity, and distinction should be satisfied.

One problem is Iraq’s claim of territorial violation but this could be countermanded by a conservative reading of the UN Charter’s Article 2.4, done by Israel, for example, in the Eichmann and Entebbe cases. A 2008 Agreement between the US and Iraq indeed prohibited US forces from using Iraqi territory as launch pads for attacks on other countries, but then it can be argued that this hardly should defeat the US’ inherent right to self-defense, particularly if Iraq itself is unwilling or unable to help.

Ultimately, it is the facts — which we don’t know presently — that matter. While it would be fun to play peacenik crusading lawyer before the public, yet what we have right now on the matter supports either argument as to the legality of Soleimani’s killing.

 

Jemy Gatdula is a Senior Fellow of the Philippine Council for Foreign Relations and a Philippine Judicial Academy law lecturer for constitutional philosophy and jurisprudence.

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