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Shares flat in listless trade

PHILIPPINE SHARES managed to crawl back above 7,800 on Friday even as investors had already factored in November inflation that came in as expected by the market.

The 30-member Philippine Stock Exchange index (PSEi) gained 10.81 points or 0.13% to close at 7,801.72 — rising 0.81% on the week after two weekly drops — while the broader all-share index ended up 5.33 points or 0.11% to reach 4,645.96.

“The market just treaded water today on the lack of fresh leads. The latest inflation print was largely expected and therefore discounted by the market,” PNB Securities, Inc. President Manuel Antonio G. Lisbona said in a mobile phone message, referring to November’s 1.3% headline inflation that was just slightly above the 1.2% median in BusinessWorld‘s survey of economists and fell below the midpoint of the central bank’s own 0.9-1.7% estimate for the month.

“For now, we are looking at the market consolidating with immediate support at 7,700. We are keeping a close eye on developments in the blue chips affected by the President (Rodrigo R. Duterte)’s threat to take legal action for economic sabotage.”

Wins against the government in an international arbitration tribunal in Singapore had caused Mr. Duterte to rail against what he said were onerous provisions of state contracts with Metro Manila’s water service concessionaires.

His tirades against Manila Water Company, Inc. and Maynilad Water Services, Inc. have weighed on the share prices of their principals. Friday saw shares of Manila Water drop 3.55% to P16.30 apiece and those of its mother unit, Ayala Corp., slip 0.24% to P828 each. Moreover, shares of Metro Pacific Investments Corp. dropped 3.68% to P3.66 apiece while those of DMCI Holdings, Inc. edged 1.31% lower at P6.05 each. Metro Pacific and DMCI hold 52.8% and 25.24% interest, respectively, in Maynilad and Japanese firm Marubeni Corp. has a 20% stake in the utility, while the balance is held by other shareholders.

For Regina Capital Development Corp. Head of Sales Luis A. Limlingan, investors “remained on the sidelines with impeachment gaining momentum” against US President Donald Trump while Washington and Beijing worked on an interim trade deal before a new round of tariffs take effect on Dec. 15. House Speaker Nancy Pelosi announced on Thursday, Washington time, that the House Judiciary Committee will proceed with articles of impeachment against Mr. Trump for allegedly abusing his power for his own political benefit, at the expense of US’ national security.

On Wall Street, Dow Jones Industrial climbed 28.01 points or 0.10% to 27,677.79, the S&P 500 index went up 4.67 points or 0.15% to 3,117.43, while the Nasdaq Composite Index edged up 4.03 points or 0.05% to 8,570.70.

Many major Asian bourses were generally up, with Japan’s Nikkei 225 and Topix adding 0.23% and 0.11%, respectively, while the Shanghai SE Composite, Hong Kong’s Hang Seng, South Korea’s Kospi and Singapore’s Straits Times Index STI gained 0.43%, 1.07%,1.02% and 0.65%, respectively.

Four of the six sectoral indices back home lost: mining & oil by 65.06 points or 0.85% to end 7,517.51, financials by 14.87 points or 0.78% to 1,874.61, industrials by 73.92 points or 0.76% to 9,555.43 and services by 3.65 points or 0.24% to 1,499.35.

Two gained: property by 31.95 points or 0.78% to 4,099.88 and holding firms by 35.59 points or 0.46% to 7,750.82.

Stocks that declined narrowly edged out those that gained 85 to 81, while 59 others ended Friday flat.

Some 468.035 million shares worth P5.714 billion switched hands on Friday, compared to Thursday’s 514.812 million issues worth P6.511 billion.

Investors abroad turned bearish, ending two days of net buying with Friday’s P718.663 million net selling. — Vincent Mariel P. Galang

Hallasgo dethrones Tabal in SEAG women’s marathon

CAPAS, TARLAC — Unheralded Christine Hallasgo pulled off a huge surprise early Friday morning, dethroning defending champion Mary Joy Tabal to secure the women’s marathon crown of the 30th Southeast Asian Games that began and ended inside the New Clark City Athletic Stadium here.

Ms. Hallasgo overtook the fading Ms. Tabal with one kilometer left just in front of the NCC Aquatics Center and surged ahead all alone at the finish line within the same stadium in two hours, 56 minutes and 56 seconds in a remarkable SEA Games debut.

Struggling behind her was Ms. Tabal, who slowly crumpled in a heap out of exhaustion, checking in at 2:58.49 and had to be carried off the track in a stretcher. The Cebuana walked on her own after 30 minutes, looking none the worse for wear.

Vietnam’s Pham Thi Tong Le came in a distant third (3:02.52) for the bronze in the 42.195-kilometer race that began with a foggy haze at dawn and ended under a hot sun.

Indonesia’s Agus Prayogo clocked 2:26.48 in ruling the men’s marathon with Thailand’s Sanchet Namkai (2:27.18) and Malaysia’s Muhaizar Mohamad (2:33.08) taking the silver and bronze, respectively.

Jerald Zababala finished fifth (2:37.20) while Anthony Nerza sixth (2:39.28) for the locals in the men’s division

In contrast to Ms. Tabal’s extensive overseas training and exposure, Ms. Hallasgo, known more as a 21K runner, merely trained locally and was a belated addition to the national team.

“I really was kinda surprised by her (Hallasgo’s) victory although she was in our long list of possible options (for the women’s marathon),” said athletics chief Philip Ella Juico, who witnessed the arrival of both runners inside the VIP box of the arena.

“In fact, we asked BCDA official Arrey Perez if Hallasgo could check in with the rest of the national team at the Athletes Village here after our test event last Sept. 1 and we were fortunate that we got her in,” Mr. Juico said.

Philippines, Singapore bag gold in golf

Bianca Pagdanganan of Philippines react at hole number 5 after she scores a birdie as she won the gold in the Womens stroke play event. (SEA Games 2019 Web site)

LPGA Tour-bound Bianca Pagdanganan of the Philippines snatched victory from the clutches of defeat, pouncing on Thai Kan Bunnabodee’s late mishap to turn a one-stroke deficit in the last two holes into a rousing three-shot triumph Thursday and bag the individual gold in the 30th SEA Games golf competitions at the Luisita Golf and Country Club in Tarlac.

Ms. Pagdanganan, the Asian Games bronze medalist, lost a two-stroke lead in the face of Ms. Bunnabodee’s fiery charge in the last nine holes at the front and fell by one with a costly bogey on the par-3 No. 6.

But it was the Thai who cracked in a pressure-packed finish as she double bogeyed the par-4 No. 8 that enabled Ms. Pagdanganan to regain control with a routine par and the Filipina ace completed her romp with a kind of finish that wins big-time championships.

The Thai went for broke on the closing par-5 ninth in a desperate attempt to score a birdie and possibly force a playoff but paid dearly for it as she hit it into the rough twice and ended up with a bogey instead for a 72.

Ms. Pagdanganan kept her poise and calmly sank a birdie from an eagle-putt distance for a two-shot swing as she closed out with a 71 that capped her run of under-par scores that included a 70 and a 68 for a 54-hole total of seven-under 209.

“I feel very happy to see my teammates on the final hole watching,” Ms. Pagdanganan said after delivering the first SEA Games golf gold for Team Philippines since Princess Superal dominated the 2013 Games in Myanmar. “I felt like we won as a team.”

While Ms. Pagdanganan basked in glory, Ms. Bunnabodee rued her poor finish that marred what could’ve been a great comeback against the Filipina top gun. She settled for silver with a 212 while compatriot Pimpina Panthong took the bronze with a 213 after a 71.

Like Ms. Pagdanganan, Singapore’s James Leow foiled the Thais in men’s individual play, firing a stirring bogey-free seven-under 65 to snare the gold with a 203 total.

Tanapat Pichaikool, who led after 36 holes, failed to match Mr. Leow’s hot 33 start with a 36, carded a 68 and lost by one with a 204 for silver while another Thai, Nopparat Panichphol, bagged the bronze with a 205 also after a 68.

The Philippines and Thailand will take a bye in the first round in women’s match play with the No. 3 Malaysia (437) clashing with No. 6 Vietnam (499) and No. 4 Indonesia (440) taking on No. 5 Singapore (454) with the winners facing the top two teams.

The hosts emerged as the top seed with 423 with the Thais finishing with 424.

Pole vaulter EJ Obiena guns for gold in SEAG trackfest

CAPAS, TARLAC — Will it be third time a charm for Olympic-bound pole vaulter Ernest John Obiena?

After a silver in the 2015 Singapore Southeast Asian Games and skipping the Malaysian edition two years ago due to injury, Mr. Obiena is expected to go all out for gold as track and field action in the 30th SEA Games unfolds at the New Clark City Athletic Stadium here on Saturday.

All eyes will be on the lean and lanky athlete when he takes to the field at 5:30 p.m. as the top favorite after qualifying for the 2020 Tokyo Olympic Games in clearing 5.81 meters in ruling the Salto Con L’Asta competitions in Piazza, Italy, last September.

This exceeded the Olympic qualifying cut of 5.80 meters, which is also superior to the gold-medal winning height of 5.35 meters set by Thailand’s Porranot Purahong in the 2017 SEA Games.

It has been a banner year for Mr. Obiena, who also clinched top honors in the world championships in Doha, Qatar, and the World University Games in Naples, Italy.

Over the past four years he has been training at the special IAAF training camp under the tutelage of noted Serbian coach Vitaly Petrov, the former mentor of world and Olympic champion Sergey Bubka and Rio Olympic gold medalist Thiago Braz da Silva of Brazil.

He has repeatedly said that he would love nothing better than clinched the mint in front of his countrymen before resuming his training for the Tokyo Olympics.

But Mr. Obiena won’t be alone in the bid for gold as Fil-Am sprinter Kristina Knott will be seeking to dethrone Vietnamese sprint queen Le Thu Chinh in the women’s 200-meter run whose heats start at 8:50 p.m.

Ms. Knott has a personal best of 23.23 seconds in the event, better than Ms. Le’s winning time of 23.32 in the 2017 Malaysia Games.

Zion Corrales-Nelson, who was also supposed to run the 200-meter dash, decided to skip the event and concentrate on the century sprint on Sunday.

Evergreen former SEA Games hammer throw champion Arniel Ferreira, who took bronze in Malaysia, hopes to draw inspiration from hometown fans when takes to the field at 6:15 p.m.

Sarah Dequinan and Josefa Ligmayo open their campaign in the women’s heptathlond also Saturday.

Philippine Volcanoes, Lady Volcanoes aim for golds

CLARK — The Philippine Volcanoes and the Lady Volcanoes shoot for a rare double-gold medal as the rugby competitions of the 30th Southeast Asian Games kick off Saturday at the Clark Parade Grounds here.

The Philippine Volcanoes’ primary goal is to prevent the Malaysians from winning back-to-back gold medals after winning in their own turf in the Kuala Lumpur SEAG in 2017.

Aside from the Philippines and Malaysia, the other competing teams in the men’s division are Singapore, Thailand, Indonesia, Cambodia and Laos.

The Philippine Volcanoes won the rugby championship in 2005 Manila SEA Games when the sport was played as a demonstration event.

In the 2015 SEA Games in Singapore, the Volcanoes crushed the Malaysians, 24-7, in the finals to capture the gold medal, while the Lady Volcanoes placed third after beating Malaysia, 22-0.

The Lady Volcanoes will battle Malaysia, Singapore, Thailand, Indonesia and Laos in the women’s division which the Lady Thais topped in 2017.

In preparation for the 2019 SEA Games, the Lady Volcanoes saw action in the Asia Rugby Women’s championship and in the Asian Trophy Series.

Taekwondo action gets going

TAEKWONDO action in the 30th Southeast Asian Games gets going Saturday at the Ninoy Aquino Stadium, with reigning champion Thailand expected to be challenged by the Philippines for dominance in the discipline where 22 gold medals are at stake.

Malaysia, Indonesia, Singapore and Vietnam are also expected to be in the mix, along with Cambodia, Laos and Timor Leste.

Eight poomsae events kick off action at 1 p.m., with the Philippines’ Dustin Mella, Raphael Enrico Mella and Rodolofo Reyes Jr., the defending champion in the men’s team event, expected to have their hands full against the Malaysian squad of Chew Wei Yan, Kok Jun Ee and Yong Jin Kun.

Focus will also be on Vietnam’s Ho Thanh Phong, Le Hieu Nghia and Nguyen Thien Phung, the bronze medalists in 2017 in Kuala Lumpur.

After finishing third behind Vietnam and Thailand two years ago, Jocel Lyn Ninobla, Juvenile Faye Crisostoma and Rinna Babanto are expected to go for the gold in the women’s team event.

They are expected to encounter stiff opposition from Vietnam’s Chau Tuyet Van, Lien Thi Tuyet Mai and Nguyen Thi Le Kim, the defending champions, and the Indonesian squad of Defia Rosmaniar, Mutiara Habiba and Ruhil, the silver medalists two years ago.

“Taekwondo has always been a source of pride for the country in international competitions. The expectations of many put pressure on us, but it is also a great motivation playing before the home crowd,” said Ms. Babanto, 22, a bronze medalist in the 2018 Asian Games and gold winner in the 2019 Korea Open.

Flaship projects seen slowed by ODA delays, skilled-worker shortages

THE government is likely to struggle to complete most of the infrastructure projects on its flagship list before President Rodrigo R. Duterte steps down in 2022, largely due to slow implementation of foreign-aided loans and unresolved bottlenecks, the Economist Intelligence Unit (EIU) said.

“(EIU) maintains its view that the authorities will struggle to complete the bulk of its infrastructure agenda before the next presidential election in 2022,” it said in a report sent to BusinessWorld.

The rush to make up for a long-running infrastructure backlog remains hindered by the slow delivery of loans from foreign partners.

EIU said investment pledges by the Chinese government have been moving “at a languid pace” as only three projects woth $178.2 million have started, out of the $24 billion that President Rodrigo R. Durterte obtained commitments for in 2016.

It added that the Finance department has cited as factors China’s decision to use its own currency, the renminbi, in disbursing its loans instead of the dollar as well as “China’s demand that most work be given to Chinese contractors; and China’s unwillingness to co-operate with other lenders.”

In addition, it said official development assistance (ODA) loans from Japan need to go through “lengthy technical evaluation and public consultation processes” following Japanese rules.

It also cited the delayed passage of this year’s Philppine budget, which left new projects unfunded, as well as the 45-day public works ban ahead of the midterm elections in May.

“At the local level, projects suffer from the inherently exhaustive process of resident relocation, a dearth of technical expertise at local-government level and a lack of skilled workers, such as excavator operators. The latter shortage is explained by the thousands of such workers who prefer more lucrative employment in the Middle East,” the EIU added.

However, EIU said that more projects will be implemented now that the government has adopted more projects financed through public-private partnerships (PPP).

“Nevertheless, the shortage of local expertise and skilled workers, as well as red tape, such as constitutional limitations on foreign ownership of public utilities, work in the opposite direction, so there will be no quick fixes to the bottlenecks that plague the infrastructure programme,” it said.

The administration hopes to invest P8 trillion until 2022 to fund thousands of infrastructure projects under its “Build, Build, Build” program.

Projects selected for the infrastructure flagship program now number 100, up from 75 previously, after the list was revised to rule out those deemed not feasible while adding others that are considered to be high-impact.

In the new list, more than half are expected to be completed by 2022 while presidential adviser for the flagship infrastructure Vivencio B. Dizon said around 35 projects will be finished within the current Presidential term. — Beatrice M. Laforga

OSG to pursue ‘all options’ in contesting water arbitral ruling

THE Office of the Solicitor General (OSG) said it will exhaust all legal remedies in response to the P7.39 billion award granted by an arbitral tribunal to Manila Water Co., Inc.

“The Office of the Solicitor General (OSG) will exhaust all available legal remedies against the award recently rendered by the arbitral tribunal constituted under the Permanent Court of Arbitration in Singapore, in an arbitration which Manila Water Co. Inc. (Manila Water) initiated against the Republic of the Philippines,” it said in a statement.

Manila Water issued a statement Wednesday saying that it has “diligently discharged its obligations as concessionaire.”

It also said that upon being informed of the award its chairman spoke with Finance Secretary Carlos G. Dominguez III to tell him that the company is “willing to come up with a mutually-acceptable manner of implementation of the arbitral award,” noting that the issue under arbitration took place during the previous administration.

Manila Water said last week in a disclosure that the Permanent Court of Arbitration in Singapore ruled in its favor and ordered the government to indemnify the company the amount of P7.39 billion for the losses it suffered, finding that the government breached its obligations.

The court in September last year also awarded at least P3.4 billion to Maynilad Water Services, Inc. for the same reason.

President Rodrigo R. Duterte threatened the water companies Tuesday, claiming that they won concessions with provisions onerous to the government. The allegedly onerous provisions, Justice Secretary Menardo I. Guevarra said, include a provision calling for the non-interference of government in rate setting and government’s liability to provide indemnities.

The OSG said it cannot stand and watch Manila Water “spin circumstances and paint itself as an exemplary and outstanding company.”

“The arbitration proceeding tells a very different story, one which will naturally reveal itself through the next actions we will undertake. Our next steps will show that the arbitral award was not, to quote Manila Water, due to a ‘procedural lapse’ by government. It is a company’s refusal to become the subject of legitimate regulation,” it said.

The government’s legal counsel also said that Manila Water cannot hide “within the confines of the Concession Agreement and escape its obligations to the People.”

The government also asserted its right to regulate basic services, citing a Supreme Court ruling.

“This is a time-honored principle. No other than our Supreme Court has ruled that public utilities are imbued with public interest. Corporations that provide basic commodities, like water, must submit (themselves) to government regulation, lest (they) resort to abusive profiteering to the detriment of the Filipino people,” he said.

The OSG also questioned Manila Water’s claim that it spent over P166 billion for the improvement of its water services.

“As regards Manila Water’s alleged billions worth of investment in infrastructure, we can only ask what the millions of Manila Water customers have been asking and complaining of for the past year: if indeed billions went to investing in water infrastructure, then why is the public suffering from one of Manila’s worst water shortages for the past year?” it said.

Shares of Ayala-controlled Manila Water fell 3.55% to P16.30. Metro Pacific Investments Corp. (MPIC) which is the controlling shareholder of Maynilad, fell 3.68% to P3.66, while DMCI Holdings, Inc., also a shareholder in the west zone concessionaire, fell 1.31% to P6.05.

MPIC and DMCI Holdings, Inc. hold 52.8% and 25.24% stakes, respectively, in Maynilad while Japan’s Marubeni Corp. has a 20% stake.

Mr. Guevarra on Thursday said the government is studying ita legal options in regard to the water concessions, including drafting new contracts that do not conflict with the law and public policy.

He said that the department was tasked by the President to come up with an “integrated solution.”

He said however that legal action may also coincide with parallel work by some Cabinet officials to adjust the current agreements.

Jeric T. Sevilla, head of Manila Water’s Corporate Strategic Affairs Group and Corporate Communication, declined to comment, while Communications Planning and Tactical Development Manager Dittie L. Galang did not answer requests for comment. — Vann Marlo M. Villegas

PAL Holdings confirms departure of two board members

TWO board members of Philippine Airlines (PAL), Inc., former central bank governor Amando M. Tetangco, Jr. and lawyer Estelito P. Mendoza, have resigned, PAL Holdings, Inc. confirmed Friday.

In a disclosure to the stock exchange on Friday, PAL Holdings, Inc., the parent company of PAL, said: “As confirmed with the Corporate Secretary of Philippine Airlines, Inc., Atty. Marivic T. Moya, both Governor Amando (M.) Tetangco, Jr. and Atty. Estelito (P.) Mendoza have submitted their resignations from the Board of Philippine Airlines, Inc.”

The resignations of Messrs. Tetangco and Mendoza will be taken up in the upcoming board meeting, the company said in its disclosure.

PAL Holdings did not cite any reasons for the resignations of both officials, which The Philippine Star first reported on Friday morning.

Asked to comment, Law and Business professor Antonio A. Ligon of De La Salle University said in a phone interview: “More on internal and policy management ‘yan. We will not dwell on their personal reasons. It’s something that’s internal.”

“[But] that’s not good for the image of the company because, of course, we are talking about the leadership and board membership, and that’s something that really has to be studied by the management. Whether they have personal reasons. On the corporate side, when you see not just one but so many board of directors resigning, that’s not a good sign,” he added.

Asked how this will affect PAL’s investors, he said: “It will cause discomfort among investors, but not really panic because we don’t know the real reasons yet. Pero pagka nakikita mo ‘yung officers are resigning at the same time, medyo it will get your attention that you really have to look into it (When you see officers resigning at the same time it will get your attention).“

Regina Capital Development Corp. Head of Sales Luis A. Limlingan said in a mobile phone message: “We dont think it will affect the company. Maybe it’s more related to the change of leadership in the family since they have been restructuring.”

PAL reported in October that its board accepted the resignations of Angelito A. Alvarez as the airline’s senior vice president for planning and commercial group, and Siegfred B. Mison as senior vice president for legal and general counsel.

On Oct. 28, three months after his appointment, Gilbert Gabriel F. Santa Maria resigned as PAL Holdings’s president. He remains president and chief operating officer of the operating company, PAL.

Mr. Santa Maria was replaced by Lucio K. Tan, Jr. who died on Nov. 11.

In the nine months to September, PAL’s attributable net loss widened 116.2% to P8.5 billion from P3.92 billion a year earlier, as expenses and financing charges increased.

Revenue rose 5.6% to P117.92 billion, primarily as passenger and ancillary revenue increased due to additional frequencies and new routes which contributed to the growth in passenger volume. — Arjay L. Balinbin

Ayala Healthcare acquires Healthway chain of clinics

AYALA Healthcare Holdings, Inc. (AC Health) said it acquired 100% of clinic network Healthway from Hong Kong’s HKR International Ltd (HKRI).

“We are very pleased to welcome Healthway to AC Health and the Ayala group. The Healthway name has become synonymous with quality healthcare and has been well-regarded among patients and medical professionals. We intend to build on this further, as we integrate Healthway with our AC Health portfolio,” AC Health Chairman Fernando Zobel de Ayala said in a statement Friday.

The agreement was signed Friday by Healthway Philippines President and Chief Executive Officer Sidney Hui, Mr. Zobel de Ayala, and AC Health President and Chief Executive Officer Paolo Maximo F. Borromeo.

The acquisition augments the AC Health network with Healthway’s seven mall-based multi-specialty clinics, and 40 corporate clinics. AC Health currently has 70 community-based care clinics under the FamilyDOC brand, and 10 corporate clinics.

“Healthway is an excellent fit and is extremely complementary to our portfolio. Apart from growing our clinic count and patient base, this acquisition also allows us to serve different types of patients across multiple clinic formats,” Mr. Borromeo said.

“Whether it be in primary care, multi-specialty care, or corporate clinics. We see many opportunities for synergy, including patient referrals, sharing of medical professionals, and integration of diagnostics and pharmacy services,” he added.

AC Health recenly acquired a minority stake in IE Medica, a major pharmaceutical importer, as well as MedEthix, its affiliated distribution firm.

Mr. Borromeo said that the company is also finalizing a joint venture with an international cancer center operator for a specialty cancer hospital. It is scheduled to open in 2022.

“This is an exciting time for us at AC Health. Taken together, all of these investments bring us closer to realizing our vision of an integrated healthcare ecosystem. We are still looking to grow our portfolio further, particularly in retail pharma, financing, and hospitals. Ultimately, our goal is to touch the lives of 1 in 5 Filipinos by 2030,” Mr. Borromeo said.

The Ayala group is targeting to expand its health care business to more than 1,000 Generika pharmacies, 100 FamilyDOC clinics, and more strategic partnerships with hospitals and specialty centers.

PECO to appeal SC TRO blocking Mandaluyong RTC expropriation ruling

PANAY Electric Co., Inc. (PECO) said it will “immediately “ ask the Supreme Court to reconsider its decision to block the implementation of a local court’s judgment that stopped Iloilo City’s new distribution utility from taking over the company’s assets.

In a statement on Friday, PECO said it had been informed of the High Court’s issuance of a temporary restraining order (TRO) provisionally stopping the implementation of the Regional Trial Court (RTC) of Mandaluyong City’s judgment against the expropriation of assets by More Electric and Power Corp., the new franchise owner.

PECO, which has been distributing power in Iloilo City for 95 years, said it has yet to receive a copy of the Supreme Court court order, but noted that More has received its copy.

PECO called the ruling a “surprising development” considering that the Supreme Court had previously denied More’s application for TRO.

“In any case, what is clear is the Supreme Court has not yet resolved the issue of constitutionality of the expropriation. That remains a prejudicial question that prevents the continuation of the expropriation proceedings,” it said.

PECO said the Dec. 3 TRO should not be allowed to affect the proceedings at the Iloilo RTC.

“For one, [More] has not questioned the suspension of proceedings by the Iloilo court with either the Court of Appeals or the Supreme Court. The RTC Iloilo is not a party in the current case now pending with the Supreme Court,” it said.

“Moreover, a TRO can only restrain an act that has not yet been accomplished. It cannot mandate the performance of an act, such as the issuance of a writ of possession or continuation of expropriation proceedings,” it added. — Victor V. Saulon

ICC says it can’t hear harassment case vs China

THE International Criminal Court said it does not have the authority to hear a complaint against China for alleged harassment of Filipino fishermen in the South China Sea.

In a report, the court’s Office of the Prosecutor said the crimes alleged by former Philippine Foreign Affairs Secretary Alberto F. del Rosario and former Ombudsman Conchita Carpio-Morales were committed by a state that is not a member of the Rome Statute, which created the court.

“Accordingly, the court lacks personal jurisdiction,” according to a copy of the report.

Mr. Del Rosario and Ms. Morales asked the court on behalf of Filipino fishermen in March to conduct a preliminary examination on China for the alleged harassmen.

They also questioned China’s reclamation and island-building in the South China Sea and its nationals’ harmful fishing practices.

But the court said the alleged crimes did not occur in a Philippine territory but only within its exclusive economic zone (EEZ).

“The EEZ (and continental shelf) cannot be equated to territory of a state within the meaning of Article 12 of the statute, given that the term ‘territory’ of a state in this provision should be interpreted as being limited to the geographical space over which a state enjoys territorial sovereignty,” it said.

In a joint statement, Mr. del Rosario and Ms. Morales said the ICC Prosecutor did not dismiss their communication.

“The Prosecutor welcomes new facts and evidence to proceed with the case and we are providing them,” according to the statement. “This has only strengthened our resolve.”

“Let them gloat in the meantime. This is just the beginning,” they said. — Vann Marlo M. Villegas

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