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SC asked to junk petition against BOL

By Vann Marlo M. Villegas
SUPPORTERS of the Bangsomoro Organic Law (BOL) asked the Supreme Court (SC) on Monday to dismiss the petition late last year by Sulu Gov. Abdusakur A. Tan II against the law.
In a petition-in-intervention filed on Jan. 7 by Presidential Anti-Corruption Commissioner Manuelito R. Luna, former Commission on Human Rights commissioner Nasser A. Marohomsalic, and The Philippine Association of Islamic Accountants, Inc., represented by its President Amanoding D. Esmail, they said that the Constitution does not limit Congress from passing legislation strengthening or abolishing the Autonomous Region in Muslim Mindanao (ARMM).
They said that Article X, Sections 18 and 19 of the 1987 Constitution mandated the first Congress elected under the Constitution to enact organic laws for the autonomous regions in Muslim Mindanao and the Cordilleras.
“Petitioner overreach(es) in opining that the constitutional provisions delimit the legislative power of Congress; it is reading something into provisions,” they stated, adding that the Constitution only provided the process on the passage of organic acts.
The petitioners also claimed that the parliamentary government under the BOL will not violate the “constitutional principle of separation of power and check and balance.”
“There is no definitive provision in the Constitution that says that the autonomous region in Muslim Mindanao should not be parliamentary. All that the Constitution requires is that the Philippines is a democratic and republican State.”
They also claimed Mr. Tan lacked legal standing in filing his petition.
“Indeed. It is our submission that Petitioner has not shown any personal and material interest that will be prejudiced or affected adversely where the BOL is implemented. Lacking legal standing, Petitioner recourse the Supreme Court by way of petition assailing particularly the constitutionality of the Bangsamoro Organic Law must therefore fail,” they said.
Mr. Tan in October asked the SC to issue a temporary restraining order (TRO) and/or writ of preliminary injunction against the implementation of the BOL due to constitutional issues, claiming that the abolition of the ARMM is only through the amendment of the Constitution.
He also claimed that the parliamentary form of government in the BOL violates the separation of powers as it “fused” the power of the executive and legislative branch of government.
A plebiscite will be held on Jan. 21 and Feb. 6 for the ratification of BOL. If approved, it will serve to abolish ARMM and form the Bangsamoro Autonomous Region in Muslim Mindanao.
Under the parliamentary government of the BOL, registered voters in the region will elect members of the Bangsamoro Parliament, which is the legislative arm. The parliament will elect the Chief Minister of the Bangsamoro Government.
A second petition seeking a TRO against the BOL was also filed by the Philippine Constitution Association over questions on constitutionality.

Fuel prices up this week following international rates hike

OIL COMPANIES are raising the prices of petroleum products this week as trading in the international market had taken a sharp turn on Thursday last week after days of steady decline, Energy officials said on Monday. Gasoline prices will increase by P0.80 per liter (/L), diesel prices by P0.70/L, and gasoline by P0.40/L. This week’s price adjustment is the first increase after reductions in most weeks from Oct. to Dec. last year. Department of Energy Undersecretary William Felix B. Fuentebella said this week’s price increase was “quite unusual” because trading in the global market reversed the downward trend from Monday to Wednesday last week. He attributed the increase to the move by Saudi Arabia to cut its output while other members of the oil cartel discussed the same move. He also cited a statement from officials of the Middle Eastern country for further action if the production cut would not have an impact on prices. — Victor V. Saulon

Police chief says no order to profile ACT members, but 3 officers relieved over leaked document

POLICE DIRECTOR General Oscar D. Albayalde said he has ordered the relieved of three intelligence officers who allegedly “leaked” a document ordering the profiling of members of the left-leaning Alliance of Concerned Teachers (ACT) Party-list, but added that he did not sign any such directive.
“As far as I am concerned, wala akong pinirmahan na ganyan at nung nag-leak ‘yan sinabi nu’ng mga different regional directors kung sino nag-leak (I did not sign any orders and when it leaked, the regional directors told me who made the leak)… I have already ordered for all the intelligence officers involved to be relieved,” he told reporters at a briefing on Monday.
Mr. Albayalde said the three officers came from the Manila Police District Station 3, Quezon City Police District Station 6, and Zambales police office.
He added that intelligence officers are expected to do their job “discreetly” and that “profiling” is simply part of police security measures.
“Hindi naman po na kapag ikaw ay prino-file, ang buhay mo ay delikado, namimiligro (It does not mean that when you are being profiled, your life will be in danger)… This is part of our security preparations, security protocols, maintenance of peace and order in this country,” said Mr. Albayalde.
The supposed order to list teachers in private and public schools who are members of the left-leaning group made rounds in social media over the weekend.
ACT members held a rally Monday in front of Camp Crame, the Philippine National Police (PNP) headquarters, to condemn the directive.
“The singling out of ACT members in PNP’s profiling is enough cause for alarm, especially with the state’s track record of violent suppression of dissent. We cannot sit idly by as PNP sows terror in our schools and communities,” ACT Philippine Secretary General Raymond said in a statement.
Malacañang, meanwhile, said that some ACT members are being monitored by the government because of their alleged connection with the communist armed group New People’s Army (NPA).
In a press briefing on Monday, Presidential Spokesperson Salvador S. Panelo initially denied that the government, through the police, is profiling ACT members, but later said, “If there are such cases, there is a reason to surveil. For example, if someone reports to you that this teacher was seen interacting with those identified NPA, if you are the police, won’t you monitor their actions?”
Mr. Basilio described the government officials’ pronouncements as “pathetic and ludicrous.”
“Malacañang and PNP’s statements are pathetic and ridiculously wrong on so many levels. They were already caught red-handed but futilely attempts to deny or lighten the implications of their illegal activity,” he said.
Meanwhile, Department of the Interior and Local Government Spokesperson Jonathan E. Malaya said Secretary Eduardo M. Año is ready to have a dialogue with the Department of Education regarding the alleged crackdown on ACT members.
“Secretary Eduardo M. Año is open to the dialogue requested by the Department of… We would be glad to meet with our partners in DepEd at the soonest possible opportunity,” said Mr. Malaya in a statement on Monday.
“Through this meeting with our counterparts with DepEd, we hope to relay to them that what the PNP is undergoing is not only legal but also necessary,” he added.
DAVAO CITY
In Davao City, Senior Supt. Alexander C. Tagum said the Davao City Police Office has not undertaken any such intelligence gathering because they have not received any order from higher authorities.
“We have not received any order,” Mr. Tagum said when sought for comment.
Reynaldo S. Pardillo, ACT-Davao City Chapter president, confirmed that they have not received reports from members of being surveilled, and said they hope it would stay that way.
“It (surveillance reports) has stirred concerns among our teachers who only wish to receive benefits and salary necessary to support our daily living despite the volume of our work inside and outside the school premises,” Mr. Pardillo said.
The ACT-Davao City Chapter was in a discord with the local government in Oct. last year after Mayor Sara Duterte-Carpio denied the group’s demand for a P406 million annual subsidy covering 11,959 teaching and non-teaching personnel of the Department of Education (DepEd).
Ms. Carpio asserted that there is no basis in law for the local government unit to provide such assistance to national government employees, specifically the DepEd, and asked the group to submit another proposal for assistance. — Vince Angelo C. Ferreras, Arjay L. Balinbin and Carmelito Q. Francisco

Gun ban period for May elections starts Jan. 13

PHILIPPINE National Police (PNP) chief Oscar D. Albayalde yesterday issued a reminder that the gun ban period starts on Jan. 13 as prescribed by the Commission on Elections (Comelec) in line with the May 12 midterm polls. During the ban period, which will be until June 12, the issuance of gun licenses will also be suspended. Mr. Albayalde said uniformed personnel will be exempted from the gun ban and politicians with threats will be provided with security detail. “They will be provided with security detail. We have Comelec exemptions para sa mga (for the) security details… But they will be in uniform because they will be carrying firearms,” he said. The police chief also said that the PNP is looking into 18 municipalities identified as potential election hotspots. — Vince Angelo C. Ferreras

Tijam takes a bow

Supreme Court Associate Justice Noel G. Tijam (left) receives a Certificate of Appreciation “for his around 3 decades of stellar public service” from the SC community as he attended his last flag ceremony Monday, Jan. 7, before officially retiring. Mr. Tijam, who wrote the controversial decision on the ouster of Maria Lourdes P. Sereno as chief justice in June 2018, said in his speech during his retirement ceremony last Jan. 4: “Some may think that it is easy to be right because one needs only to follow one’s innate sense of right and wrong or one’s sense of logic. But a Justice of the Court is not supposed to be ruled by his or her convictions or beliefs; the Court must decide based on what the law is. The law, however, is not always as clear as the light of day. It is not always straightforward or complete,” he said.

Police get a match on gunman’s weapon, shells at Batocabe crime scene

THE PHILIPPINE National Police (PNP) confirmed that the recovered gun shells and slugs from the site where AKO Bicol Party-list Rep. Rodel M. Batocabe was killed matched with the weapon used by gunman Henry Yuson. According to the ballistics examination conducted by the PNP Crime Laboratory, 11 shells and five slugs from the crime scene matched with the caliber .40 pistol used by the killer last Dec. 22. Police chief Oscar D. Albayalde, in a press briefing on Monday, Jan. 7, said, “Even without the real firearms, pero the shells na nag-positive, na nag-match dun sa record ni Yuson dito. Then malakas ang ebidensya natin (but the shells made a positive match with our records of Yuson here. Then we have strong evidence).” He added that they are also still looking at different possible motives on the crime. Daraga Mayor Carlwyn Baldo has been named as the mastermind of the murder, an accusation he has denied. — Vince Angelo C. Ferreras

January festivals: Grander spectacles lined up for Sinulog and Dinagyang

THIS YEAR’S year’s P2-million Sinulog grand finale production will showcase a dance-drama-musical presentation dubbed as Sugbo Balikon Ko Ikaw, which will highlight present-day Cebu City to entice more visitors. Victor Cuenco, chairman and the artistic stage director of Sinulog grand finale since 2005, told The Freeman that this year’s concept is aimed at encouraging overseas workers and tourists to visit Cebu. “We want the world to come to Cebu and see the beauty of the city and the beauty of the Cebuano people. We came up with this concept based on our Sinulog theme, One Beat, One Dance for the World,” he said. The presentation, which has about 380 performers from different schools and dance groups, is expected to run for 25 minutes. Last October, the Sinulog Foundation Inc. (SFI) changed the festival’s slogan in preparation for the 500 years observance of Cebu’s Christianity in 2020. The Sinulog main event is celebrated every 3rd Sunday of January.
DINAGYANG
In Iloilo City, the Parade of Lights, staged for the first time last year as part of the 50th Dinagyang Festival, will now be a regular event. “The success of the glittering parade featuring floats mounted on a motorized vehicle was so overwhelming that it is now going to be a regular special event of the Iloilo Dinagyang Festival,” said Jobert A. Peñaflorida, president of the Philippine Chamber of Commerce and Industry (PCCI)-Iloilo Chapter and chairman of the committee on floats. The Iloilo Dinagyang Foundation Inc. (IDFI) and PCCI-Iloilo Chapter have called on more companies, local government units, schools, civic clubs and associations, civil society organizations, fraternities and sororities to participate in the Float Parade of Lights. Based on the guidelines for this year, each participating float should be decorated with lights and a tableau depicting the corporate vision, mission or advocacy in line with the festival theme “Connecting Communities Thru Culture and Faith.” The Dinagyang, observed every 4th Sunday of the month, will have various highlights from Jan. 25-27. — The Freeman and Emme Rose S. Santiagudo

13 members of armed gang arrested in Zamboanga Sibugay

MILITARY troops have nabbed 13 “rogue personalities” and seized their firearms following an armed confrontation in Tungawan, Zamboanga Sibugay last Saturday, Jan. 5, as security forces step up the monitoring and pursuit of armed groups in the Zamboanga Peninsula region with the midterm election in May. In a statement on Monday, the Western Mindanao Command (WesMinCom) said the operation was undertaken by members of the 42nd Infantry Battalion under the Joint Task Force ZamPeLan, accompanied by Sisay Barangay Chairman Amado Daarol. Troops also seized two M2 Carbine rifles, a KG9 pistol, an Uzi pistol, a Caliber .38 pistol, several magazines, and rounds of live ammunition. “The arrest is an offshoot of our intensified operations on the ground and our coordination with the local government and the police to sustain the internal security in Western Mindanao,” said Lt. Gen. Arnel B. Dela Vega, WesMinCom commander.

UST GenSan site development in full swing

SITE DEVELOPMENT for the University of Santo Tomas (UST) in Barangay Ligaya, General Santos City is still ongoing, with start of operations expected by 2021. Phase 1 of the construction in the eight-hectare campus, being undertaken by contractor AIMM Builder and Construction Supply, includes site grading, road works and utilities, and buildings and laboratories for the initial programs. UST-GenSan will initially offer its flagship programs in Health and Sciences, Business and Accountancy, Arts and Humanities, Engineering and Technology, Tourism and Hospitality Management, and Pharmacy and Pharmaceutical Science. “The opening of UST in Mindanao is its contribution to the dream of an integrated and globally competitive Mindanao,” UST Rector Fr. Herminio V. Dagohoy, O.P. said during last year’s groundbreaking ceremony. “This administration supports the proposed UST-GenSan campus and I envision this project to further move us towards the equality education that the residents of this city deserves,” GenSan Mayor Ronnel C. Rivera said. — Carmencita A. Carillo

Nation at a Glance — (01/08/19)

News stories from across the nation. Visit www.bworldonline.com (section: The Nation) to read more national and regional news from the Philippines.
Nation at a Glance — (01/08/19)

Nonprofit groups in watchdog’s sights

By Melissa Luz T. Lopez
Senior Reporter
NONPROFIT OUTFITS in the Philippines have become channels for funds from illegal activities, the Anti-Money Laundering Council (AMLC) said in a report, citing over P600 billion worth of transactions involving corruption and fraud over the past five years.
There is a “medium” threat for non-profit organizations (NPO) in being used for money laundering (ML) and terrorist financing activities, the AMLC said in its risk assessment done last year.
“The assessment showed that the sub-set of NPOs exploited for ML are service type NPOs particularly those involved in charitable, agricultural, educational and livelihood activities largely located in the NCR (National Capital Region),” the report read, as published on the AMLC website over the weekend.
The “medium” classification means that there are “moderate controls in place” and regulation and supervision are generally effective, although there remains “some degree of abuse” in the sector.
The AMLC looked into suspicious transaction reports (STRs) submitted by banks involving NPOs, charities, schools and foundations from 2012 to 2017, which yielded 7,518 reports on transactions worth P625.68 billion.
The bulk of these funds went through banks, which filed the corresponding reports to the AMLC to alert the regulator about unusual or unjustified sums of cash that are channelled to or through non-profit groups.
“Majority of the identified NPOs are involved in agricultural (36%), charitable (19%), livelihood (19%) and educational (18%) activities/programs, accounting for 92%,” the AMLC noted.
Bulk of the amounts in question came from the pork barrel scam unearthed in 2013, which reportedly saw lawmakers transfer government funds to bogus nongovernment organizations to implement ghost projects for farming and livelihood to obtain kickbacks in the process.
“It is estimated that 21 nongovernment organizations, which were incorporated by JLN, were used as dummies to funnel about P420 million government funds in favor of JLN and the legislators,” the report read, referring to businesswoman Janet Lim-Napoles who is currently detained for multiple counts of plunder and graft.
Investment scams were the second major source of illicit funds for NPOs, particularly a large-scale Ponzi scheme in southern Philippines back in 2013. Other crimes said to use these entities included swindling and qualified theft, the AMLC said, noting that members of boards of trustees used or transferred NPO funds to their personal accounts.
Nine STRs worth P50.25 million were filed involving NPO accounts possibly used for terrorist financing arrangements, although their participation was largely “unconfirmed” as these reports were filed on the basis of intelligence information alone, the AMLC clarified. Threat for terrorist financing through these groups was rated as “high low.”
One confirmed incident was in 2006, when a group tied to Osama Bin Laden used the International Islamic Relief Organization based in Saudi Arabia to extend funding to terrorist groups in the Philippines.
Overall, the AMLC said that many groups remain compliant with standards set by authorities. “Various control mechanisms are present in 58-92% of the surveyed NPOs, with 69% having know-your-donor procedures, and 83% having know-your-beneficiaries procedure.”
The AMLC added that while safeguards and controls are in place, there is a need to get unregistered organizations covered by such regulations in order to tighten the watch on this sector.

Central bank readies new rules to manage credit risks better

THE CENTRAL BANK plans to roll out more rules to manage credit risks, a senior official said, explaining that the new regulations will enable banks to be more flexible in pricing loans for retail clients.
Bangko Sentral ng Pilipinas (BSP) Deputy Governor Chuchi G. Fonacier said that monetary authorities are preparing “enhancements” on current standards for operational risk management this year.
“We will also be issuing guidelines on risk-based approach to pricing to help ensure that the exposures of BSFIs (BSP-supervised financial institutions) to risks associated with lending/financing activities are adequately compensated,” Ms. Fonacier said in a recent e-mail interview.
“The adoption of risk-based pricing framework, particularly for consumer loans, would help differentiate risks among bank borrowers, allowing those with good credit quality/standing to enjoy lower interest rate.”
Currently, banks impose higher borrowing rates for retail creditors, considering this segment riskier than big businesses.
Benchmark interest rates have risen by 175 basis points (bp) following five consecutive rate hikes fired off by the BSP in 2018 to rein in inflation. In turn, this has pushed market yields higher by 98.7 bp as of October, as banks passed on the higher cost of money to the public.
Also on the table are additional guidelines which are designed to improve the ability of banks to weather potential shocks which could affect their image and, ultimately, their operations.
“Two key reforms in this area include the issuance of standards on model risk management and reputational risk management,” Ms. Fonacier added.
These changes will accompany the implementation of the international Basel 3 framework effective Jan. 1 this year, consisting of prudential measures meant to better ensure solid footing for big lenders.
These steps guarantee that banks will not fold even during a funding crunch, using lessons learned from the 2008 Global Financial Crisis. Back then, excessive lending led to massive credit defaults, which then triggered the collapse of big banks and caused recession worldwide.
The planned reforms will also ensure that banks can stay intact despite incidents that could deal a blow to their reputation.
Ms. Fonacier noted that monetary authorities are also “currently reviewing” Basel 3 standards in place to make sure that these remain attuned to the needs of Philippine lenders. These include capital-based requirements for improved resilience to potential losses, a standardized approach to credit and counterparty credit risk, operation risk and capital floors and amendments to the regulatory framework for domestic systemically important banks. — Melissa Luz T. Lopez

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