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STARTUPS FOR GOOD: Combining purpose with success

“JUUL Labs’ core mission is to improve the lives of the world’s one billion adult smokers. That they have such an earnest mission, and that they’re successful in realizing it, matters more to me than how much they make.”

The Philippines has long been fertile ground for startups. For one, we speak English fluently, making our country — and, of course, our startups — ideal candidates for foreign investors.

Filipinos are also known to be tech-savvy people. When it comes to harnessing the massive potential of social media and other digital platforms, we are always one of the forerunners.

Most importantly, Filipinos are an entrepreneurial lot. A huge portion of business ventures in the country are considered micro, small, and medium enterprises, products of a dream shared and worked on with friends and family.

Revolution Precrafted, the developer of prefabricated designer homes, proved that Filipino startups have the potential to reach unicorn status. So where are all the others?

That is the question that entrepreneur Francisco “Jay” M. Bernardo III aims to address with StartUp Village, a one-stop startup incubator launched under the LET’S GO Foundation nonprofit.

StartUp Village seeks to jumpstart startups by providing them the support they need to flourish and succeed. This assistance includes training and mentoring, linkage to potential customers and investors, and other relevant shared services.

“We strive to talk and influence to encourage and inspire. But this is such a big task. So we do it in our own little ways,” Bernardo said in an interview.

GAINING KNOWLEDGE AND PURPOSE
As the technological and innovative progress of places like Silicon Valley far outpaces that of the Philippines, StartUp Village aims to bridge the gap between Filipino entrepreneurs and the rest of the world.

Despite the vibrant startup community forming in the country, many Filipino entrepreneurs still do not have the necessary knowledge and skillset to bring their ideas to fruition. For instance, Bernardo pointed out that many entrepreneurs do not know how to create a board of directors for their company.

“It’s very fundamental, very simple. Yet we still have to inculcate in the minds of our startups how this works out. We were never used to having investors early on in our company, especially investors that we don’t know. We’ve always been used to family businesses,” he said.

More importantly, he pointed out that many Filipino startups set themselves up for failure by focusing on the wrong things.

“If I asked you who you think are the most successful entrepreneurs here in the Philippines, maybe you’ll name the big names and the big companies, right? And you are maybe saying this in the context of how much wealth they have accumulated, rather than how much they have contributed,” he said.

“But in reality, success does not equate to how much you earn; rather, it’s how much you contribute. That is a mindset that we need to understand and highlight nowadays.”

CREATING THE NEXT MEANINGFUL FILIPINO BILLIONAIRE

In launching The New Billionaire’s Club, a new series of programs by StartUp Village, Bernardo wants to shift the perspective of Filipinos from a monetary and revenue-centered metric of success towards an impact-focused one.

Through the series, StartUp Village wants to recognize and give credit to people, organizations, and enterprises that are helping improve the lives of people around the world through innovative and tech-driven projects.

When Adam Bowen, Co-Founder and Chief Technology Officer or JUUL Labs, the leading vapor brand in the US, was invited to become the first speaker for the program, it was a moment of serendipity for Bernardo. As a smoker himself who managed to quit cigarettes because of the JUUL device, his life was one of those most affected by Bowen’s ideas.

Bernardo had been trying to quit smoking for seven years and has tried everything he could imagine to quit. Much to the frustration of his wife and his family, he could not. He said that he used to smoke at least a pack of cigarettes a day.

That changed when someone gave him a JUUL device. Though he was hesitant at first, not believing that a nifty gadget could replace his cigarette habit, he managed to quit almost instantly.

“No commercial or no graphic pictures on the cigarette box, no higher taxations and laws could stop me from smoking cigarettes. I didn’t even stop when the government said that they will ban smoking in bars and all other public spaces. But this JUUL device stopped me from my habit within three days,” Bernardo said.

Because of how effective JUUL Labs’ products were and how they greatly affected his life, Bernardo said that he has since convinced many of his friends to quit smoking. Even some of his students and apprentices who also smoked cigarettes have JUUL devices now.

“I was so happy about that. We’re now the JUUL society,” he said.

HOLD PURPOSE AND SOCIAL IMPACT ABOVE ALL ELSE
Bernardo, his colleagues, and his peers have become the living testimony to the accomplishment of JUUL Labs’ purpose. To Bernardo, the reason for JUUL Labs’ success is simple: the company had found a way to make an indelible mark on people’s lives — and that is to convince and encourage smokers to make the switch, may it be for something as straightforward as personal hygiene or as conscientious as good health.

Like smartphones, JUUL devices leverage on science and technology to provide smokers with an experience similar to smoking cigarettes, sans the tar, carbon monoxide, and all the other bad stuff that go along with combustible cigarettes.

“Their purpose was to make people make the switch from cigarettes to the JUUL device, and maybe eventually, quit smoking for good. That affects a vast amount of people, smokers and non-smokers alike. That they have such an earnest mission, and that they’re successful in realizing it, matters more to me than how much they make.” Bernardo said.

JUUL Labs, and other companies like it, are the examples Bernardo wants the Filipino startup community to hold as the role models. If the community can work together to create a startup environment wherein companies hold purpose and social impact above all else, he said, then the money is sure to follow.

With the recent implementation of the Innovation Act, a new law that seeks to “remove obstacles to innovation by suppressing bureaucratic hurdles” and “encourage entrepreneurial attitude in order to stimulate growth ambitions in business,” the Philippines already has the foundations in place to become one of the world’s innovation leaders. The next Filipino unicorn could already exist. All it takes now is a purpose-driven, collaborative community to help it rise.

“I am very positive about the Philippines. I think we’re getting our act together. I’m sure there will be hitches along the way but we will get there. It’s very encouraging,” Bernardo said.

“It takes a lot of us to collaborate, rather than doing things on our own. Everybody could be able to achieve a lot of things on their own. But together, we can do much, much more,” he concluded.

Fighting digestive cancers with the aid of technology

Cancers affecting different parts of the digestive system, particularly the colon, stomach and liver, are among the most common and fatal types of cancer.

According to the World Health Organization, there were 1.8 million cases of colorectal cancer and 1.03 million cases of stomach cancer worldwide in 2018. During the same year, 862,000 deaths from colorectal cancer, 783,000 from stomach cancer and 782,000 from liver cancer were recorded.

These cancers are fairly widespread here in the Philippines. A Philippine Cancer Society study estimated that in 2015, there would be tens of thousands of new digestive cancer cases, many of which involving the colon/rectum (9,625) and liver (8,649).

It’s worth noting that of the 10 most common cancer sites the study identified, three are found in the digestive system: colon/rectum, liver and stomach.

Thousands were also predicted to perish due to digestive cancers. The study estimated that 8,335 would die from cancer of the liver alone.

Certain harmful lifestyle choices are widely known as risk factors for digestive cancers, which can also result from gene mutations. These include smoking, excessive alcohol use and overconsumption of processed meat and other unhealthy foods.

But once diagnosed with cancer, a patient should not give up hope. “Early diagnosis to catch the cancer at the early stage offers an excellent chance of long-term survival or cure. With current advances in medical therapy and surgical technology, the survival outcomes after successful treatment have improved markedly,” said Dr. Liau Kui Hin, a general surgeon at Mount Elizabeth Novena Hospital in Singapore who has almost two decades of experience diagnosing and treating digestive cancers.

He noted that cancer treatments have progressed by leaps and bounds in recent years owing in part to exponential cancer research and developments in medical technology.

“The treatment of cancer has advanced into personalized or precision medicine where treatment is individualized or customized to each patient. Oncologists have a wide repertoire of weaponry in the fight against cancers, ranging from targeted therapy, molecular therapy, immunotherapy, cancer vaccines, CAR-T-cell therapy to gene therapy,” Dr. Liau said.

Surgeons, he added, are now also well-equipped to take on challenging cancer cases and assure patients of excellent outcomes, thanks to advancements in the fields of medical optics, miniaturization of instrumentation with nanotechnology, robot-assisted surgery, artificial intelligence and medical bioengineering and biomaterials science.

“If the right technology can be utilized appropriately to augment the skills of the surgeons, the surgical outcomes wound certainly be more superior in terms of faster recovery, less complications, lower risk of cancer relapse and longer survivorship following cancer surgery,” Dr. Liau said.

Still, it’s important to remember that a digestive cancer patient’s prognosis is dependent on a variety of factors, including the site, size and stage of cancer.

“Among digestive cancers, pancreatic cancer, especially the adenocarcinoma type, is the most aggressive and most unforgiving. It has high fatality rate if diagnosed late. On the other hand, when it comes to colon cancer, especially if diagnosed at an early stage, the chances of living beyond 10 years after successful treatment are high,” Dr. Liau said.

Also, there’s always the possibility that the cancer will relapse. “All cancers, following treatment, have the potential to relapse or recur. Regular surveillance is important to catch the relapse early. Even with cancer relapse, effective treatment and intervention can confer good outcome and prolonged survival,” Dr. Liau said.

For more information about the digestive cancer and other condition, visit https://www.mountelizabeth.com.sg/healthplus.

Health Plus is an online health and wellness resource developed by Mount Elizabeth Hospitals, Singapore.

To make an enquiry or appointment, contact the Parkway Patient Assistance Centre:

Parkway Patient Assistance Centre (Taguig)

2/F Ore Central, 31st Street corner 9th Avenue

Bonifacio Global City, Taguig City, 1634 Philippines

Tel: +63 2 812-1264 ext 227

Email: cmi-bgc.ph@parkwaypantai.com

 

Parkway Patient Assistance Centre (Pasig)

Unit 3106 East Tektite Tower

Exchange Road, Ortigas Center

Pasig City 1605, Philippines

Tel: +63 917-560-6498

Email: manila.ph@parkwaypantai.com

BSP setting up MSME credit risk database

THE CENTRAL BANK has been working to establish a credit risk database to help deserving micro, small and medium enterprises (MSMEs) tap funds.

“The BSP has been working with the Credit Information Corp. (CIC) in building a strong and reliable credit information system. Likewise, we are working with the Government of Japan to establish a Credit Risk Database (CRD),” Bangko Sentral ng Pilipinas Governor Benjamin E. Diokno said during an event at the Manila Hotel on Aug. 16.

“This will produce scoring models predicting the creditworthiness of SMEs to help improve their access to finance through risk-based lending and lessen the dependence of banks on collateral,” he said.

MSMEs account for 99.6% of the country’s enterprises and generate 61.6% of employment, but contribute just 3.32% to gross domestic product, according to Mr. Diokno.

A December 2018 working paper of Tokyo-based Asian Development Bank Institute (ADBI), titled: “The Role of SMEs in Asia and Their Difficulties in Accessing Finance,” proposed development of credit information and credit-rating systems to help small businesses skirt banks’ conventional collateral requirement.

“If other parts of Asia could establish such systems to accumulate and analyze credit risk data and to measure each SME’s credit risk accurately, SMEs would be able to raise funds from the banking sector,” according to the ADBI paper.

The paper also proposed the establishment of specialized banks for SMEs.

Mr. Diokno noted in his speech that MSMEs account for just 6.2% of total banking loans and 9.2% of total business loans, despite the fact that this segment accounts for bulk of the Philippine business community.

“Despite having considerable growth prospects and being a source of livelihood for millions of Filipinos, the MSME sector has not realized its potential.”

Mr. Diokno said that MSMEs are reluctant to approach banks due to lack of collateral and credit history needed for loan application, with banks regarding them as “low-profit and high-risk” enterprises.

The MSMEs “have limited business capacity and financial management skills to capably meet loan requirements,” Mr. Diokno said.

“In addition, they have limited knowledge of alternative modes of financing.”

He cited laws designed to address constraints to MSMEs’ access to credit such as Republic Act No. 11055, or the Philippine Identification System Act, and RA 11057, or the Personal Property Security Act; as well as the proposed amendment of Republic Act No. 10000, or the Agri-Agra Reform Credit Act of 2009, to further improve banks’ compliance with this law.

“The introduction of updated and more flexible provisions in these laws would help MSMEs — especially those that are agriculture-related — to gain access to credit, leverage innovative models, and induce banks to venture into MSME and agriculture financing with better terms and standards for compliance,” Mr. Diokno said.

Aside from these laws, the BSP, together with the Cooperative Development Authority, has implemented the Credit Surety Fund (CSF).This programs enables cooperatives, businessmen and MSMEs to boost their credit worthiness by providing surety cover of up to 80% of bank loans. The central bank chief noted that there were 54 CSFs with over 17,000 loan beneficiaries in the country as of September last year. — Mark T. Amoguis

E-cigarette industry resisting taxes on par with tobacco

THE e-cigarette lobby said its products are safer than traditional products and asked the government not to tax it at the same rate as tobacco-based products.

Industry groups said Friday that taxing e-cigarette and vapor products on par with regular cigarettes will not curb tobacco use and will discourage use of their “less harmful alternatives” if they were taxed at the same rate.

The Philippine e-cigarette Industry Association (PECIA) and the Vapers Philippines (Vapers PH), in separate statements, urged legislators to consider studies which found that e-cigarettes and vapor products are a “significantly less harmful alternative.”

“Heavy taxes on reduced-risk products will only result in smokers sticking it out with conventional cigarettes instead of switching to less harmful nicotine products,” Vapors PH said.

PECIA also pushed for a public consultation on proposed tax legislation which they said will be a venue to discuss other measures to reduce tobacco use.

“PECIA wants to draw attention to the fact that Congress made no public consultation for the proposed legislation. Our organization could have provided the resources and studies to aid House Representatives understand tobacco harm reduction strategies being embraced by some countries,” PECIA said in the statement.

House Bill (HB) 1026, approved on second reading on Aug. 14, further raises the excise tax on heated tobacco or e-cigarettes to P45 per pack in 2020 and an incremental increase of P5 per pack per year, on par with regular cigarettes, while vapor products with nicotine salts increases the tax to P30 from the current P10 per milliliter, with an incremental P5 yearly increase to P45 by 2023.

However, the Department of Health-Department of Finance (DoH-DoF) version of the bill proposes that vapor products to be taxed at the same rate at P45 per milliliter with an incremental increase of P5 per year to P60 by 2023 and by 10% annually thereafter.

Vapers PH said the UK and New Zealand have encouraged their citizens to adopt “less harmful nicotine products, particularly e-cigarettes” instead of regular smoking.

“Experts believe that the remarkable decline in Japan’s smoking rate was accelerated by the entry of heated tobacco products in the Japanese market in 2014,” Vapers PH said.

Finance Undersecretary Karl Kendrick T. Chua, however, said e-cigarettes and vapor products should be taxed at par with regular cigarettes as taking e-cigarettes is “not necessarily more beneficial.”

“In the DoH and DoF proposal, and what the House approved yesterday, (the excise tax on e-cigarettes) was increased to 45 pesos to align with regular cigarettes because it doesn’t matter if it’s smoked, heated or burned, they have the same effect,” Mr. Chua said during the first ways and means committee hearing in the Senate on Thursday.

“A heated tobacco product is basically the same as the burnt tobacco product and should not be taxed differently,” Mr. Chua added.

Finance Secretary Carlos G. Dominguez III has said he hopes to raise taxes on heated tobacco and vapor products to parity with regular cigarettes.

The only remaining bill under the Comprehensive Tax Reform Program (CTRP) Package 2+ is the higher excise tax on alcoholic beverages, e-cigarettes and vapor products. The excise tax on tobacco products was signed into law last month.

HB 1026 is expected to go under final reading this week and may be transmitted to the Senate by the end of August.

According to DoF estimates, the DoH-DoF proposal on alcohol and e-cigarettes may generate around P52 billion while HB 1026 is expected to generate P33.3 billion by 2020.

If the DoH-DoF proposal is passed, the measures as well as the recently passed excise tax on Tobacco products will help reduce the Universal Health Care (UHC) funding gap to P10.4 billion from P62 billion in 2020.

In its initial implementation in 2020, UHC will need P257 billion, of which P195 billion will provided by the General Appropriations Act and other sources, P15.5 billion from the tobacco tax and P36.5 billion from the DoH-DoF version of the alcohol and e-cigarette tax, leaving a P10.4-billion funding gap.

In the Senate, the ways and means committee is set to start parallel hearings to dicuss the remaining tax reform packages, beginning with those that have advanced in the House, such as the excise tax on alcohol and e-cigarettes and HB 313 or the Corporate Income Tax and Incentives Reform Act (CITIRA).

CITIRA cuts the corporate income tax rate to 20% from the current 30% while streamlining investor incentives by making them time-bound and performance-based. — Beatrice M. Laforga

PCSO, sin taxes could be tapped to fund SDG programs

A BILL creating a special fund for the implementation of programs and projects to attain the Sustainable Development Goals (SDG) and Ambisyon Natin 2040 has been filed in the Senate, with sweepstakes, gaming and sin taxes proposed as the sources of funding.

Senator Juan Edgardo M. Angara, in Senate Bill No. 769, or the Sustainable Development Goals and Ambisyon 2040 Fund Act (SDG AN2040), proposed to earmark proceeds from the Philippine Charity Sweepstakes Office (PCSO), Philippine Amusement and Gaming Corp. (PAGCOR) and a portion of the alcohol and tobacco tax proceeds not earmarked for health programs.

In particular, the bill wants the fund to be financed by at least one special PCSO lotto draw per year up to 2030, 1% of PAGCOR’s net income per year and 1% of tax collected from sin taxes.

“The SDGs — as a global initiative — and AN2040 — as a fully Philippine endeavor — ought to be pursued vigorously in the years to come, with the end-view of lifting millions of Filipinos out of poverty and raising the standard of living across the country,” Mr. Angara, chair of the senate finance committee, said in the explanatory note.

“In this way, the SDG AN2040 fund, created by this measure, ought to be seen as one wholly dedicated for LGUs to implement anti-poverty, pro-prosperity projects.”

The SDG is a set of goals adopted by member states of the United Nations in 2015. It identified 17 goals that will ultimately end poverty and hunger, among other forms of deprivation, by 2030.

The 17 goals also include improving health and well-being, and education, promoting gender equality and giving access to clean water and sanitation, and affordable and clean energy.

Ambisyon 2040, meanwhile, is the National Economic and Development Authority (NEDA) long-term plan. The 25-year plan was approved under Executive Order No.5, signed by President Rodrigo R. Duterte in 2016.

Among the priority sectors of the Ambisyon 2040 are housing and urban development, manufacturing, connectivity, education and agriculture.

SDG AN2040 funding will be granted to local government units, whose proposals will be approved based on their alignment with the government’s priorities.

The bill also requires LGUs to provide 25% of the total project funding as their contribution, with the SGD AN2040 fund providing the remainder.

The fund will be administered by a Board of Trustees, which will be led by the Secretary of Interior and Local Government with representatives from NEDA, and the Health, Social Welfare, Environment, Education and Agriculture secretaries. It is to include four representatives from the private sector, appointed by the President. — Charmaine A. Tadalan

Energy firm considering nuclear power facility in Tawi-Tawi, Sulu

SULU SEA Energy Resources Development Corp., a new entrant in the energy and petroleum exploration sectors, may well be the first local company to come forward under the present administration with plans to put up a nuclear power station.

The power station is being considered in the Tawi-Tawi and Sulu area, its top official said, as the company looks at expanding the area’s power sources to include solar and possibly, oil and gas.

“We believe that nuclear power offers a great opportunity for diversifying into non-fossil fuel based, non-carbon emitting power source that is able to supply the base load power needed for developing areas,” said Benjamin G. Loong II, Sulu Sea president, in an e-mail to further explain his views after an interview on Friday.

He said energy source diversification would help, especially for the island provinces isolated from the mainland grid.

“We are quite interested in the prospect of possibly being able to partner with a foreign company in order to bring this power generation technology into the country,” he said.

Mr. Loong said the company’s nuclear ambition remains a prospect for now as nothing substantial has materialized with the search for a foreign partner, apart from a few “courtesy meetings” with visiting foreign experts and company representatives in the past two years.

He said the prospect of the project largely depends on the decision of the government after the submission by the Department of Energy (DoE) and the Philippine Nuclear Research Institute of their position paper to the Office of the President through the Nuclear Energy Program Implementing Organization, the group tasked to come up with the country’s nuclear policy.

Mr. Loong said he was also awaiting enactment of a law forming a nuclear regulatory body.

“We are hopeful that there will be a favorable decision soon,” he said.

The DoE has hired the Social Weather Stations to conduct a “perception” survey on nuclear energy in the Philippines.

“[It’s] anything related [to] nuclear,” DoE Undersecretary Donato D. Marcos told reporters on Friday last week, even as he declined to give details because of a non-disclosure agreement.

Mr. Marcos said results of the survey will be presented to the Cabinet, which will decide whether to go ahead with development of nuclear energy.

In the meantime, Sulu Sea Energy — a company established by entrepreneurs based in Sulu and Tawi-Tawi who aim to develop indigenous energy sources — is placing its capital on a couple of areas in the Philippines for oil and gas exploration.

On Friday, the company’s bid for an exploration service contract covering an area within the Sulu Sea Basin was opened by the DoE.

No one came forward to challenge its unsolicited proposal.

Mr Loong said Sulu Sea Energy, whose founders and stockholders are the owners of local mining companies based in Tawi-Tawi, is also awaiting results of its unsolicited proposal to work in a separate exploration area. — Victor V. Saulon

BIR still has no official count of POGO workers

THE Bureau of Internal Revenue (BIR) said it requires more interagency cooperation to properly estimate the number of workers employed by the Philippine Offshore Gaming Operation (POGO) industry.

“What we need is people to help us enforce. It’s an inter-agency coordinating committee because we want to know how many are really here. Some have been licensed by PAGCOR (Philippine Amusement and Gaming Corp.), others remain unlicensed. So we sent out letters to them after checking our integrated tax system data,” BIR Commissioner Caesar R. Dulay told reporters on the sidelines of a Senate hearing Thursday.

In April, the BIR said it has created an interagency task force with the Department of Labor and Employment (DoLE) to consolidate data on foreign workers.

There is no official count yet on the number of foreign workers in the industry, with government estimates based indirectly on the number of work permits issued. The work permits, however, do not capture the number of undocumented workers.

With the POGO industry, ”we continue to enforce the law. That’s the only requirement, for them to comply with the law. To pay the right taxes,” Mr. Dulay said.

BIR, the largest revenue-generating agency, started collecting taxes from foreign workers employed by POGOs in early July and ordered the companies to remit withholding taxes from the workers by Aug. 10.

The BIR said it has so far collected P200 million worth of tax remittances from POGO companies as of early August.

Finance Secretary Carlos G. Dominguez III has said that the government foregoes revenue of about P2 billion a month for every 100,000 unregistered POGO workers that do not pay withholding tax on their earnings, or about P24 billion a year.

Meanwhile, Mr. Dulay said PAGCOR will address the concerns of the Chinese embassy on the establishment of POGO hubs, adding that the BIR is only concerned with collecting taxes.

“[As for the Chinese embassy’s concerns] that’s for Pagcor to address… Our concern is to collect taxes.

The Chinese embassy expressed “grave concerns” about PAGCOR plans to relocate the industry to what a PAGCOR official called “self-contained hubs,” and raised concerns that such a move could violate the rights of Chinese citizens working in the country.

In response, PAGCOR said the hubs will serve as “protection” for the workers, who will retain their freedom of movement. — Beatrice M. Laforga

GOCC subsidies fall 60% in first half of 2019

SUBSIDIES to state corporations significantly declined 60% year-on-year in the first half, with the National Irrigation Administration (NIA) receiving the most funding, the Bureau of the Treasury (BTr) said.

According to BTr’s cash operations report, total subsidies by the national government to Government-Owned and Controlled Corporations (GOCCs) totaled P26.698 billion in the first six months.

The National Irrigation Administration (NIA) was the top recipient of subsidies at P4.614 billion in June and P16.008 billion in the first half.

Next was followed by National Food Authority which received P3.399 billion in the first six months followed by Philippine Health Insurance Corp. at P1.449 billion and Philippine Coconut Authority with P976 million.

The government grants subsidies to GOCCs to cover operational expenses that are not supported by their respective revenues.

In June, subsidies to GOCCs fell 52.26% to P7.040 billion but up from the P5.239 billion in May.

On the other hand, 16 of 33 GOCCs did not receive subsidies in June. These include the National Electrification Administration (NEA), Philippine National Railways (PNR), Development Academy of the Philippines (DAP) and National Dairy Authority.

The national government target for this year is P187.1 billion worth of budgetary support to GOCCs. — Beatrice M. Laforga

Airline regulator drawing up penalties for ‘chronic delays’

THE CIVIL Aeronautics Board (CAB) is crafting a penalty scheme to punish airlines for “chronic delays.”

CAB Executive Director Carmelo L. Arcilla told reporters last week that the regulator plans to release in two months a memorandum circular that will impose sanctions on carriers’ “chronic” flight delays.

“We are coming up with a regulation… We’re going to penalize chronic delays — not delay per se, not cancellation per se… But what we are looking at is drawing the line between normal delays — these are unavoidable at a certain level — and chronic delays,” Mr. Arcilla said, describing occasional delays as a “reality” in the aviation industry.

CAB says there is “chronic delay” when more than half of a carrier’s flights in a month are delayed.

“To our mind, it already goes into the soundness of the planning of the airline. If you are more than 50% delayed for that route alone, to our mind, there is a problem in the way that you plan your services. So we have to deal with that,” he said.

Sanctions may come in the form of fines.

‘OFFHAND, WE SEE IMPROVEMENT’
Last month, the CAB started requiring local airlines to submit a monthly report of their on-time performance to help the regulator evaluate operational efficiency at the country’s gateways.

Mr. Arcilla said existing data show that airlines’ performance in this regard has been improving, but the CAB needs to keep monitoring to have more substantial data.

“We need more time to look at it on a longer time frame… But offhand, we see an improvement,” he said.

The Department of Transportation had reported that both Philippine Airlines (PAL) and Cebu Pacific have improved on-time performance last month. PAL had a running average on-time performance of 82% in July from 80% in June, while Cebu Pacific was at 77% from 60% in the same comparative months.

The on-time performance is measured by the number of departures and arrivals that take off and land within 15 minutes from schedule, as well as flight cancellations. — Denise A. Valdez

Legislator proposes one-peso ‘climate tax’ on residential power

A MEMBER of the House of Representatives has filed a bill to charge a P1 tax on residential electricity bills to fund environmental and disaster management programs.

Camarines Sur 2nd District Rep. Luis Raymund F. Villafuerte Jr. filed House Bill 1245 or the Piso Para Sa Kalikasan Act, which charges a Climate Tax on Electricity (CTE) per one kilogram of carbon dioxide equivalent (CO2e)

“CTE shall be imposed on the monthly electric power consumption per electric utility bill of every residential user of electric power utilities in CO2 emission generated from electricity consumed,” according to the bill.

Mr. Villafuerte said that major sources of carbon dioxide emission in the country are from “burning fuels for electricity, transportation, heat, among others.”

According to the bill, any residential user with a monthly electricity bill not exceeding 60 kilowatt-hours or those who use any form of renewable energy are exempt from the CTE.

The collected taxes will be exclusively used for programs that will assist communities adapt to climate change and reduce disaster risk, and protect environmental quality and wildlife.

Meanwhile, Surigao del Norte 2nd District Rep. Robert Ace S. Barbers called for a House inquiry on “redundant” charges by the Manila Electric Co. (Meralco).

Mr. Barbers filed House Resolution No. 00228 urging the committee on energy to “dig into the essence of Meralco’s enumerated power charges with the end of providing the public a better understanding of what they are paying for every month.”

Mr. Barbers said that the inquiry should also discuss “system loss” charges, a means for generators to recover the cost of power lost due to technical and non-technical system losses.

“Technical loss is fixed and quantifiable. But system loss due to electricity theft and pilferage and which are being charged to the power consumers is unfair. We the consumers are paying a high price from an electric energy stolen or pilfered by other people,” Mr. Barbers said in a statement Sunday. — Vince Angelo C. Ferreras

ADB pushes results-based lending scheme

By Marissa Mae M. Ramos
Researcher

WEST NUSA TENGGARA, INDONESIA — “After 70 years of the freedom of Indonesia, we can finally understand its meaning… free from darkness,” said Wahidin, a village chief in the fishing community of Kwangko, which is among the beneficiaries of the Asian Development Bank’s (ADB) results-based lending (RBL) scheme that links disbursements of funds to achievement of target outputs in covered government programs.

With scarcity of concrete-paved roads, the fishing village in Eastern Indonesia had been connected to an electricity grid only in 2017 following five failed proposals to the Perusahaan Listrik Negara (PLN), Indonesia’s state electricity firm.

Almost two years after its electrification, Kwangko’s per capita income rose as much as 35% or 70,000 Indonesian rupiahs per day, roughly equivalent to five US dollars or about P260 daily.

Kwangko’s connection to electricity meant that the villagers can make ice through a refrigerator, which in turn, is used to keep their fish catch fresh, thereby helping to increase household earnings.

Prior to this, residents in the remote village used to pay 50% more than their 24-hour electricity expense today to operate a diesel generator for a few hours of electricity.

Kwangko is just one among thousands of villages that benefited from the “Sustainable Energy Access in Eastern Indonesia-Electricity Grid Development Program” of the ADB and the PLN, under which the regional lender agreed to provide $600 million for electrification expansion in Nusa Tenggara and Sulawesi islands.

It is intended to spur economic activity through sustainable use of electricity and is the second project in the energy sector lent through the RBL scheme, first introduced by the ADB in March 2013 with a six-year pilot period.

The project loan is a part of Indonesia’s broader program under PLN’s Electricity Power Supply Business Plan or Rencana Usaha Penyediaan Tenaga Listrik 2017-2026, which aims to deliver modern energy services as well as raise nationwide electrification ratio to 100% by 2024 from 89% in 2016.

Florian Kitt, ADB energy specialist for South East Asia, said increasing the electrification ratio in that region can be costly for the Indonesian government due to high infrastructure costs. Hence, the PLN needs partners like the ADB to plug the funding gap in the government’s investment plans.

RBL is a performance-based form of financing of the ADB wherein disbursements are linked to time-bound indicators agreed upon by the PLN and ADB. This financing method links financing to “pre-agreed” intermediate and final outputs “rather than to upfront expenditures, as is the case with traditional investment lending,” ADB said on its Web site.

“In the Philippines, like Indonesia, we believe that the country systems and financial management systems are robust so we are able to use the results-based lending [system],” said Kelly Bird, ADB Country Director for the Philippines, noting that both countries have procurement systems in place that are necessary for RBL loans to work properly.

A similar scheme was implemented in the Philippines with the first ADB-led RBL program being the Senior High School Support Program in 2014. With a closing date in 2020, the $300-million venture aims to develop the senior high school program for an estimated 5.9 million students as the country added two years to its basic education curriculum.

ADB agreed to provide another $300-million RBL loan for the education sector in May, said Mr. Bird.

Mr. Bird said results of the country’s first RBL program have been “very promising,” encouraging the approval of the second loan under this program.

In a mobile phone message, Socioeconomic Planning Secretary Ernesto M. Pernia, who worked for the ADB for almost two decades, cited the ADB’s and the Philippine government’s “productive and harmonious partnership” wherein the former continues to provide financing and technical assistance for feasibility studies and projects prioritized by the latter.

The Bureau of Customs’ police authority

Every business aims to minimize disruption in its operations. For importers, effective and efficient supply chain management is vital to ensuring business performance targets are achieved. These enterprises heavily rely on the smooth and free flow of imported goods for use in their operations, be they for manufacturing or retail. As such, any risk of a freeze in movement or seizure of goods which may arise from the Bureau of Customs’ (BoC) exercise of police authority is potentially troublesome.

Early this year, the Department of Finance and Bureau of Customs (BoC) issued the implementing rules and regulations governing the post-clearance audit of importers. Under the rules, the BoC is duly authorized to conduct an audit of past import transactions going back three years to determine whether customs duties and taxes on imported goods have been properly paid, and to assess and/or collect deficiencies and penalties, if warranted.

In the wake of the promulgation of the Customs Modernization and Tariff Act (CMTA), the BoC’s powers to enforce customs laws and prevent smuggling are given more teeth through the issuance of Customs Administrative Order (CAO) No. 03-2019 governing customs jurisdiction and police authority. The BoC may exercise its police authority through seizure, require assistance and information from National Law Enforcement Agencies, enter properties, vessel or aircraft searches (including persons or goods conveyed therein), searches of persons arriving from overseas, and controlled delivery investigations. Among other ways and methods, the BoC can exercise its police authority through inspection and visits. This is a new power introduced by the CMTA following the repeal of the Tariff and Customs Code of the Philippines.

In a nutshell, the power to inspect and visit authorizes the BoC to demand evidence of payment of duties and taxes on imported goods openly offered for sale or kept in storage. For reasons of security, safety, and economy, the BoC may constitute the premises where the goods are at as a special customs area for the duration of the exercise of the power. During this period, the goods are deemed, for all intents and purposes, in customs custody; the owner of the goods will be unable to remove, sell, or dispose of such goods.

Failure to present or produce evidence of payment of duties and taxes within a period of 15 days may immediately result in seizure and forfeiture. Hence, it is critical for importers to immediately present proof of payment of duties and taxes (i.e., the BoC Official Receipt or the Statement of Settlement of Duties and Taxes); otherwise, the BoC may issue a Warrant of Seizure and Distraint.

The process of retrieving and producing proof of payment of duties and taxes within the prescribed period of 15 days may be relatively simple and easy if the imported goods are few. However, this process may be particularly challenging if the warehouse or site subjected to the BoC’s inspection stores significant volumes.

To exercise the power to inspect and visit, the BoC must be equipped with a Letter of Authority, which is a special authorization exclusively issued by the Commissioner of Customs. It is different from the BIR’s Letter of Authority, which authorizes it to conduct an examination of the taxpayers’ books of account and other accounting records for internal revenue taxes generally covering a period of one calendar or fiscal year, whichever may be applicable. It is also different from the BoC’s Audit Notification Letter which allows the BoC to conduct an audit of importations over the past three years, as mentioned.

Based on the regulations, customs authorities are being given wider discretion to exercise police authority. Mere suspicion of violation or reasonable cause based on profiling or derogatory information received may trigger the exercise of police authority, and there may be no apparent process to validate the causes triggering such exercise. Hence, on the part of businesses, awareness as to the extent of the BoC’s police authority is necessary to ensure that the exercise is impartial and in accordance with the law, as well as commonly accepted ethical practices.

Importers must be familiar with the rules to ensure their rights are properly protected. Once subjected to the BoC’s exercise of police authority, importers should be keen and vigilant to check whether the BoC has the proper authorization and is acting strictly within the bounds of its authority. The prescribed formalities should also be observed, such as the propriety of the signatory, and existence of a valid customs seal, among others. Failure to comply with the requirements and formalities may be explored as basis to question the BoC’s exercise of police authority.

Business owners and company leaders should therefore have a deeper awareness of their supply chain, procurement or import-export teams which may fall under the scrutiny of the BoC’s police authority. They should be trained to identify and flag such matters as urgent concerns, and at the minimum, be able to deliver timely responses and perform standard procedures, which, in the past, were often matters handled purely by counsel or legal teams.

This article is for general information only and is not a substitute for professional advice where the facts and circumstances warrant. The views and opinion expressed above are those of the authors and do not necessarily represent the views of SGV & Co.

 

Alden Patrick C. Labaguis is a Tax Senior Director of SGV & Co.