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PHL tops Internet usage rankings in 2018

THE Philippines topped the global rankings for hours spent on the Internet, improving on its second spot a year earlier and displacing Thailand.
According to the Digital 2019 report by Hootsuite and We Are Social, Filipino users averaged 10 hours and two minutes a day on the Internet based on data from January 2018 to January 2019, versus nine hours and 29 minutes in the same period the previous year.
On top of a rise in Internet usage, the study also found growth in the number of users of social media globally and in the Philippines, despite trust issues that hurt the medium.
The report said the number of active social media users globally grew 9% year-on-year to 3.48 billion as of January 2019. In the Philippines, social media penetration rose to 71% from 63% a year earlier.
“Although social media came under increased scrutiny and saw diminished trust among users in 2018, people around the world are spending more time on social — the global daily average is now 2 hours and 16 minutes, or one seventh of their waking lives,” Hootsuite Chief Marketing Officer Penny Wilson said in a statement Thursday.
In terms of hours spent on social media, the Philippines again topped the list with four hours and 12 minutes, up from three hours and 51 minutes a year earlier. The top social media platform in the world continues to be Facebook with 2.3 billion monthly active users, followed by YouTube, WhatsApp, Facebook Messenger and WeChat.
But the study noted there has been an increased awareness among users of the negative impact of social media on mental health.
“Some users are shifting from being ‘always on’ their devices to more conscious, ‘intentional’ usage, helped by features that allow users to monitor usage. Brands will increasingly need to go beyond platform tactics, harnessing culture to ensure relevance,” it said.
It also noted that users are opting to use more private spaces such as Stories, Groups and messaging apps than the regular public feed, requiring brands to ensure a more personalized approach in content production to attract attention.
“In the wake of Cambridge Analytica and the fight against fake news, consumer trust in social media channels plummeted, while trust in experts, journalists, and immediate circles on social media increased. Building employee advocacy programs, one-to-one message at scale, and renewing customer communities will be key strategies for brands in 2019,” it said.
Ms. Wilson added, “Businesses must be respectful of their customers’ privacy, while still creating personal 1:1 connections via content that’s important, interesting and timely to the audience while being genuine and authentic to their brands.” — Denise A. Valdez

Cigarettes top fake-goods seizures amid rising taxes

CIGARETTES accounted for the bulk of the pirated and counterfeit goods seized by the government in 2018, setting new records in terms of value.
In a statement Thursday, the Intellectual Property Office of the Philippines (IPOPHIL) said the interagency National Committee on Intellectual Property Rights (NCIPR), where it serves as vice-chair, seized a total of P23.6 billion worth of fake goods, much higher than the 2017 level of P8.2 billion.
In 2018, cigarettes accounted for 85.81% of the value of the seizures or P20.25 billion.
Seized pharmaceutical and personal care products came in second in terms of value, with the 2018 haul amounting to P1.2 billion.
The NCIPR seized P821 million worth of fake handbags and wallets, while optical media came in fourth at P790 million.
The report noted that “value of fake goods confiscated by the government fluctuates every year and it depends on the class of goods and the market value of the original goods in the formal economy.”
IPOPHL Director General Josephine R. Santiago said that the report shows how illegal traders “are apparently shifting to heavily-taxed goods.”
Last year, Republic Act 10963 or the Tax Reform for Acceleration and Inclusion (TRAIN) imposed a P5 or 17% tax increase on cigarettes in 2018 — P2.50 in the first half and another P2.50 in the second half.
Tobacco tax hikes are pending approval, under Package 2 of the tax overhaul policy and Senate Bills 1599 and 1605, with the proceeds to fund public health spending.
Ms. Santiago called on brand owners to get involved.
“Enforcement efforts should not end with seizures, but follow through with convictions of the perpetrators. Bringing them to justice, get the public to actively reject counterfeits,” she added.
In the wake of the 2018 seizures, NCIPR members such as the National Bureau of Investigation (NBI), the Philippine National Police (PNP), and the Food and Drug Administration (FDA) filed a total of 143 cases, while the PNP and FDA carried out 82 arrests in relation to these counterfeit goods.
The Bureau of Customs seized P11 billion worth of goods; the NBI P5.3 billion; the PNP P1.4 billion; the Optical Media Board at P790 million; and the FDA at P5.8 million.
Joint operations of PNP-Criminal Investigation Detection Group, Bureau of Customs, Bureau of Internal Revenue and Philippine Drug Enforcement Agency brought in P5 billion. — Janina C. Lim

Energy efficiency law seen dampening power plant demand

THE ENERGY SECTOR will play a big role in implementing the proposed energy efficiency and conservation law as about half of the thousands of megawatts that can be displaced with the adoption of the legislation will come from power facilities, an official of an industry organization said.
Alexander Ablaza, president of the Philippine Energy Efficiency Alliance, Inc. (PE2), said 45,900 megawatts (MW) are waiting to gathered through energy efficiency initiatives, of which about 23,000 MW are currently accounted for by power facilities.
“We have under our noses 45,900 MW to be harvested from anyone and anything that is using energy today,” he told reporters on Thursday.
Mr. Ablaza made the statement during the press briefing to introduce Water Philippines, a conference scheduled in March that, for the first time, includes renewable energy, and energy efficiency and conservation stakeholders.
The figure is only the minimum capacity that can be gathered through the law that is awaiting the President’s signature, he added.
“Roughly half of that is in the power sector,” he said. “We’re saying that potentially 23,000 MW of the 43,000 MW in the Philippine Energy Plan of new installed generating capacity can be deferred between now and 2040.”
Mr. Ablaza was referring to the 43,765 MW in required additional capacity that the Department of Energy (DoE) projected by 2040 using in its simulation an average annual economic growth rate of 5.7% and an assumed power reserve margin of 25% above the peak demand.
Based on the DoE’s forecast, about 25,265 MW of the required power capacity would come from baseload power plants, most of which are coal-fired facilities that operate continuously.
“This is universal across the globe, investing in energy efficiency is cheaper than the cheapest coal [power plant] on a per installed megawatt basis and, right now at parity, even cheaper than solar,” Mr. Ablaza said.
Earlier this month, the Bicameral Conference Committee convened to reconcile the disagreeing positions of Senate Bill 1531 and House Bill 8629. They then approved the Energy Efficiency and Conservation Act.
“PE2 positions civil society and private sector as partner of government for the long haul,” Mr. Ablaza said about his group’s role.
PE2 is non-stock, nonprofit organization of energy efficiency market stakeholders.
“We work with government to make sure that we do not repeat the mistakes of the last 28 years… (and) mainstream energy efficiency now as a resource in our energy mix,” he said.
Mr. Ablaza said that he hopes that when the Water Philippines conference takes place on March 20-22, the law will have passed.
The business-to-business conference will present the best water technologies and solutions for water supply, sanitation, industrial wastewater and purification. It includes renewable energy and energy efficiency sectors to bring together more than 500 exhibiting companies.
The event will showcase nine international and regional pavilions from China, European Union, South Korea, Malaysia, Singapore, Taiwan, Thailand, The Netherlands and the United States. — Victor V. Saulon

SRA asserts legal authority to oversee sugar importation

THE Sugar Regulatory Administration (SRA) has filed a resolution asserting its legal authority to regulate sugar imports amid proposals to liberalize the import rules governing the commodity modeled after rice tariffication.
The SRA cited Executive Order (EO) No. 18 series of 1986, which created the agency.
The EO outlines the policy of the state “to promote the growth and development of the sugar industry through greater and significant participation of the private sector and to improve the working condition of laborers.”
The SRA also cited Republic Act 10659 or the Sugarcane Industry Development Act of 2015 which authorizes the agency to “classify imported sugar according to its appropriate classification when imported at a time that domestic production is sufficient to meet domestic sugar requirements.”
“The Bureau of Customs (BoC) shall require importers or consignees to secure from the SRA the classification of the imported sugar prior to its release,” according to the law.
The resolution was filed as sugar industry stakeholders were gathering opposition to Budget Secretary Benjamin E. Diokno’s pronouncement to liberalize sugar importation, moving away from the quantitative restriction regime.
The resolution noted that the sugar industry contributes an estimated P96 billion to the national economy from the sale of raw sugar, refined sugar, molasses, and ethanol, and P5 billion in value-added tax payments on refined sugar. The industry also employs 720,000 workers in 20 provinces, including 82,000 farmers.
In a text message, SRA Board Member Roland B. Beltran said liberalizing sugar imports will endanger the industry.
“Our sugar production is enough for our domestic consumption. However, if we forecast tight supply for the crop year, we can always import sugar as we have done so in the past,” Mr. Beltran said.
“The idea of import liberalization of sugar will kill the sugar industry. It will deprive thousands of small farmers and sugar workers of their livelihood. The fact is that price of sugar remains stable, fair and reasonable. It is market-driven,” according to Mr. Beltran.
The Philippine Chamber of Commerce and Industry (PCCI) meanwhile said that liberalizing the importation does not mean the domestic sugar industry would die off.
“Because the local industry is finding itself in a position where the local price of sugar is higher than the imported price… I think the sugar industry can survive if it improves productivity. In the Philippines, the majority of farmers that own sugar plantations have five to 10 hectares, so if you talk about productivity with land that small, you cannot maximize it,” PCCI Chairman George T. Barcelon said in a phone interview on Thursday.
“I think over time, these farmers should form cooperatives and use more advanced technology and mechanization to improve their productivity so they can compete. We are now exporting because US gives us preferential rates on sugar but our production costs compared to the other sugar-producing countries are much higher. The local industry has been protected for decades. I think the protection given has gone on long enough and they should realize that in this era of globalization, everybody should be competitive.”
According to Mr. Barcelon, sugar will not flood into the Philippines even with liberalization.
“[With] the convenience of having local milling, I think they will survive…They have to improve their productivity and government must also provide them with proper infrastructure,” Mr. Barcelon said. — Reicelene Joy N. Ignacio

Labor turnover slows in third quarter — PSA

By Mark T. Amoguis
Researcher
LABOR turnover at large firms eased in the third quarter as hiring slowed, according to a report by the Philippine Statistics Authority (PSA).
Results of the PSA’s Labor Turnover Survey showed that the labor turnover rate — the difference between the rates of accession and separation within firms — settled at 0.9% during the three months to September, slower than the downwardly-revised 1.7% in the second quarter of 2018.
This means that for every 1,000 persons employed, large firms were hiring some nine additional workers on a net basis during the third quarter.
The rate of accession — which represents hiring by employers to either replace former employees or expand their workforce — stood at 9.5% in the third quarter, slipping from 11% in the previous three-month period.
The rate of separation — which covers terminations and resignations – stood at 8.6%, also down from 9.3% in the previous survey period.
Breaking down the accession rate, more people were hired in the third quarter due to business expansion at 5% compared to those who were employed as replacements for former employees at 4.5%.
For the separation rate, employee-initiated separation or resignations stood at 5.9% while the rate of employer-initiated separation or layoffs was 2.8%.
Michael L. Ricafort, an economist at Rizal Commercial Banking Corp. (RCBC), said “[H]igher inflation and interest rates, as well as the US-China trade war that slowed global trade and economic growth, may have adversely affected the labor turnover rate in the export/industry/manufacturing sector, leading to lower creation of jobs.”
The agriculture, forestry and fishing sector’s separation rate of 4.7% outpaced its accession rate of 4.3%, resulting in a labor turnover rate of -0.4%.
“Agriculture experienced the second-biggest damage in the third quarter of 2018 (after Supertyphoon Yolanda in late 2013)… after Typhoon Ompong hit Northern Luzon provinces that are the top producers of rice, corn, vegetables,” RCBC’s Mr. Ricafort said.
The industry sector also saw a negative net job creation rate (-0.1%) with a 12.2% separation rate and a 12.1% accession rate. Sectors that were net positives include mining and quarrying (0.6%) and electricity, gas, steam and air conditioning supply (1.1%).
Pulling down the Industry sector were negative turnover rates in construction (-0.8%); manufacturing (-0.04%); and water supply, sewage waste management and remediation activities (-0.03%).
“Slower exports growth and the proposed rationalization of fiscal incentives could have adversely affected employment prospects and the overall growth in the industry sector,” Mr. Ricafort said.
On the other hand, the services sector posted job growth as the 8.9% accession rate outpaced the sector’s separation rate of 7.5% — leading to a 1.3% turnover rate.
“The positive labor turnover rate for services in the third quarter 2018 may reflect the creation… as well as the continued shift to more, higher-paying jobs in the services sector (from the agriculture and industry sectors),” he said.
With the exception of negative turnover rates in real estate activities (-0.2%) and professional, scientific and technical activities (-4.5%), all areas were net positive. Leading performers were education (3.3%); wholesale and retail trade (2.5%); and financial and insurance activities (1.6%).
RCBC’s Mr. Ricafort expects 2019 to create more jobs in the country spurred by election-related spending and the proposed exemption of major government infrastructure spending from the election ban and the continued rollout of more big-ticket infrastructure projects.
“Easing inflation and lower local interest rates in the coming months of 2019 to fundamentally increase the disposable income of consumers, businesses, and the government, thereby enabling the creation of more jobs, as lower inflation entails lower financing costs for new investments and expansion projects that entail more job opportunities,” he added.

Master plan being drafted for Leyte copper processing zone

THE Board of Investments (BoI) said it is developing a master plan for the Leyte Ecological Industrial Zone (LEIZ) to establish a copper industry cluster in the area.
In a statement, the agency said Palafox Associates had been awarded the contract to develop the LEIZ master plan.
The master plan drafting process commenced last month and is targeted for completion in February 2020.
The master plan will identify areas in Leyte where copper processing and allied activities may be located.
The plan is a first step toward a feasibility study that will be used for investment promotion to attract developers and locators.
“The establishment of the LEIZ and development of a copper industry cluster in Leyte serves as our medium to long-term strategic economic objective consistent with the agency’s industry development mandate,” Trade Undersecretary and BoI Managing Head Ceferino S. Rodolfo said.
“This is a showcase project for the agency, filling in the value chain gaps and missing links and fully integrating the Philippine copper industry and its allied industries,” he said.
Mr. Rodolfo also said that industry clustering in the LEIZ is intended to bring down logistics costs and offer a steady power supply since Leyte hosts one of the biggest geothermal power plants in the country.
He also said that the plan hopes to attract carbon-neutral companies to ensure the conservation and protection of the environment.
The development of the LEIZ Masterplan is among the objectives enlisted in the Copper Industry Road map completed in 2012.
Part of government’s rehabilitation effort in the region after the devastation of typhoon Yolanda, the road map aims to promote the integrated development and competitiveness of copper and other related industries in the region.
The LEIZ is expected to spur economic activity in the area, thus creating more opportunities for micro, small and medium scale enterprises and job seekers. — Janina C. Lim

Position Paper of the UP School of Economics Alumni on HB 8858

We, alumni of the University of the Philippines School of Economics, express our grave concern over House Bill No. 8858, otherwise known as “An Act Expanding the Scope of the Reformation and Rehabilitation of Children in Conflict with the Law and Strengthening the Social Reintegration Programs.”
We likewise voice our serious concern over the Senate counterpart bills that are similar in content to House Bill 8858. These are Senate Bills 1603 and 2026.
We submit a position that is guided by reason, science and evidence. We also wish to provide economic insights into this issue.
The most critical and controversial provision in House Bill 8858 (and this also applies to the above-mentioned Senate bills) is the provision (HB Section 4) amending the current law, by lowering the minimum age of responsibility of children in conflict with the law from the current 15 years of age to 12 years of age. Further, HB Section 2 states that a child 12 years of age and above but below 18 years of age “who has acted with discernment…shall be subjected to the appropriate intervention and diversion proceedings…”
Allow us then to enumerate and explain the reasons why we object to the lowering of the minimum age of responsibility of “children in conflict with the law” (previously termed minimum age of criminal responsibility) to 12 years old.
1. DISCERNMENT
House Bill 8858 subjects the child who “acts with discernment” to “intervention and diversion proceedings.”
The standard dictionary definition of discernment is: “The act or process of exhibiting keen insight and good judgment.” The capability to discern thus goes beyond having access to full information and being rational. Discernment requires intellectual, psychological, and emotional maturity, which is a challenge to children and adolescents.
However, Section 22 of the existing law, which House Bill 8858 retains, is vague in its definition and determination of discernment, except to say that “the local social welfare and development officer shall conduct an initial assessment to determine the appropriate interventions and whether the child acted with discernment, using the discernment assessment tools developed by the DSWD” [Department of Social Welfare and Development]. Section 8 of House Bill No. 8858 seeks to add context through an amendment to “include identification of physical and mental health issues, substance abuse and family issues” in the assessment, although it is unclear if the presence of these issues will be considered as mitigating circumstances in determining the child’s discernment.
We wish to cite evidence drawn from studies taking into account brain and behavioral development in the Philippine context, which shows that the age of discernment for children is between 15 and 18 years old.
For reference, see: 1) Pamantasan ng Lungsod ng Maynila, “Beyond Innocence,”1997, a research commissioned by the Philippine government’s Council for the Welfare of Children and 2) Philippine Action for Youth Offenders, “Arrested Development,” 2002. “Beyond Innocence” sets the age of discernment for Filipino schoolchildren at 15 years old. “Arrested Development” establishes the discernment age of out-of-school children at 18 years old.
More recently, the Philippine Pediatric Society states in its position paper (undated) that: “Neuroscience research has proven that the brain does not fully develop until the age of 25.”
This is in agreement with Johnson Sara B., Blum, Robert W., and Gledd, Jay N., “Adolescent Maturity and the Brain: The Promise and Pitfalls of Neuroscience Research in Adolescent Health Policy,” J Adolescent Health, 2009 September 45(3): 216-221. To quote this journal article: “Longitudinal neuromanaging studies demonstrate that the adolescent brain continues to mature well into the 20s.”
This is the kind of evidence that informs the current legislation titled Juvenile Justice and Welfare Act of 2006 or Republic Act (RA) No. 9344, which states that a “child fifteen (15) years of age or under shall be exempt from criminal liability.” Further, RA No. 9344 says that a “child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment….”
Some quarters will point out that United Nations Convention on the Rights of the Child General Comment No. 10 (UN CRC GC 10) considers the minimum age of criminal responsibility at the age of 12 years as “internationally acceptable.” But in the same breath (paragraph 32), it says: “States parties are encouraged to increase their minimum age of criminal responsibility…to a higher level.” Moreover, in paragraph 33, the UN CRC GC 10 “urges States parties not to lower their minimum age of criminal responsibility to the age of 12.”
Clearly then, reducing the minimum age of criminal responsibility in the Philippines from the present age of 15 years old to the age of 12 years old is a serious retrogression. House Bill 8858 and Senate Bills 1603 and 2026 ignore the evidence drawn from the specific Philippine context and from neuroscience research, and they violate the spirit of the international convention.
2. CONSISTENCY OF LEGISLATION
Legislation concerning children and adolescents must be consistent with other laws. Philippine legislation and other rules are aware of the constraints on the intellectual, psychological, and emotional maturity of adolescents.
Examples abound. One cannot get married if he or she is under the age of 18 years old. And one must be at least 21 years old to get married without parental consent. A requirement for voting is that the citizen should be 18 years of age and above. The minimum legal age is 18 years old for any person to buy, sell, or smoke tobacco and alcohol products. In a word, the age of 18 years is the age of majority in the Philippines.
In short, House Bill 8858 and Senate Bills 1603 and 2026 contradict the intent and substance of other pieces of legislation that govern the behavior of adolescents.
Some make the fuss that House Bill 8858 and Senate Bills 1603 and 2026 distinguish the treatment as between adults and adolescents (from 12 years of age to below 18 years of age). Adolescent offenders who commit serious crimes will be placed mandatorily within a youth care facility or Bahay Pag-asa, while adolescent repeat offenders (not necessarily of serious crimes) shall undergo an “intensive intervention program” that includes placement in a youth care facility or Bahay Pag-asa (Sections 4 and 5 of HB 8858). By definition, the physical mobility of residents of these centers may be restricted pending court disposition of charges against them (Sections 4.s and 4.t of RA 9344). The existing law allows the imprisonment of not more than 12 years (as maximum penalty) but also authorizes institutional care and custody as part of a court-level diversion program (Sections 37 and 31.c.5 respectively of RA 9344).
3. EFFECTIVENESS AND EFFICIENCY
We question the effectiveness and efficiency of reducing the minimum age of criminal responsibility to 12 years old in deterring crime and participation of juveniles in criminal activities.
The proposal merely addresses the technique (or the technology) that uses juveniles as accessories to commit crimes. But criminals will adapt and will use a different strategy and technique in response to the change in the rule. In designing rules, we anticipate the change in behavior of subjects. Behavior has variations and can move towards different directions, depending on the rule design.
Like any other person, a criminal has a “feasible set of alternatives,” constrained by his human, financial and technological resources. In this case, lowering the age of criminal responsibility does not deter commission of the crime because the criminal will look for an alternative way to commit the crime. He can, for example, deploy other children who are below 12 years old to commit the crime!
Using children between the age of 12 years old and 18 years old to commit crime will not stop either. Consider their attributes: They lack discernment (based on the scientific evidence); they do not have full information about the law and its consequences; they do not make a calculus of the costs of criminal behavior; they are prone to increased risk-taking and novelty-seeking activities; they can be easily coerced to follow orders.
The design of the law therefore must avoid unintended perverse consequences. Strategic action requires focusing the work on capturing the head and the core of the criminal syndicates, not the minors.
It goes without saying that the effective strategy in discouraging crime is by increasing the probability of capture and conviction of criminals, making punishment and fines credible, and tackling the social and economic causes of crime.
4. FAIRNESS
To be sure, the main causes of crime, especially crimes against property where children are involved, include poverty, lack of education, and lack of productive opportunities or gainful employment. Thus, the majority of children who commit crime come from the poor. Yet, the statistics from the Philippine National Police (January 2002 to December 2012) show that children commit only two percent of the total number of crimes.
The predictable outcome of further reducing the minimum age of criminal responsibility is having more children from poor families being detained or imprisoned. A sledgehammer is being used to crack a nut, as it were, considering that the children account for a tiny fraction of total crimes. House Bill 8858 and Senate Bills 1603 and 2026 are fixated on an outlier in the system, but one which adversely affects mostly the poor.
5. SOCIAL NORMS
The field of law and economics recognizes how formal laws co-exist with social norms. Social norms are shared, observed and enforced by society in general, without need to resort to legalese. These social norms include the respect and care for the elderly or senior citizens and the children or juveniles.
Legislation must not undermine a social norm of the whole of Philippine society — the care and protection of children. Such a norm can partly explain why children are shielded from the commission of crimes (as shown by the statistics that children commit only a small fraction of crimes). Yes, even criminals cannot escape the social norms. As a custom or as a norm, making children become evil is simply not done.
Another example in the law that contradicts Filipino social norms pertains to the intent and use of the youth rehabilitation centers and Bahay Pag-asa. Ostensibly, they are for rehabilitation. But section 4.s and 4.t of RA 9344 design them as a place of detention when the law allows the physical mobility of children to be restricted pending court disposition of the charges. Will detention, particularly the involuntary type, serve rehabilitation and restorative justice?
Essential to Filipino social norms is the role of the family unit in the development of a child. Similarly, community spirit and cooperation are part of our social norms. In this light, the locus of rehabilitation and restorative justice is the family and the community; separating vulnerable children (those ages 12-15 years old with more impressionable minds) from their families, without providing proof that the alternatives offer greater opportunities for resolving the issues that caused the children to commit offenses in the first place, seems illogical. Detention in an impersonal center pushes children away from society, which is more likely to make them recidivist and turn them into hardened criminals.
Compounding the problem is the lack of Bahay Pag-asa facilities. According to the Juvenile Justice and Welfare Council (JJWC), only 35 of the 114 (the mandated number) Bahay Pag-asa facilities are fully operational. This means that a significant number of the detained juveniles will have to be transferred to prisons occupied by adult convicts. Accounts also reveal that some of the Bahay Pag-asa centers are “worse than prisons.” The Executive Director of JJWC told Philippine Star (Jan. 29, 2019) that some of the facilities have “subhuman conditions.”
Here, we can infer that politicians in local government units have a weak commitment to improving the infrastructure and service of the Bahay Pag-asa. The incentive is weak because the children in the Bahay Pag-asa, after all, do not vote, and their families are disempowered.
In conclusion, we appeal to the legislators in both the House of Representatives and the Senate to set aside or do away with House Bill 8858 and Senate Bills 1603 and 2026. They fail the criteria we have set, in terms of discernment, consistency of legislation, effectiveness and efficiency, fairness, and social norms.
The evidence and the science, together with the application of law and economics that we have learned from our profession and discipline, tell us that the bills’ controversial measures will result in worse outcomes for our children and our society.
In this light, we express solidarity with the concerned sectors of society, including the other professional associations, which have articulated well-argued positions and expressed opposition to the said bills.
Our position paper acknowledges that the existing legislation on juvenile justice has its weaknesses. For that matter, no law is perfect.
From our discipline, we are aware that the so-called first-best option does not necessarily produce the best outcome in the real world. Similarly, while the law is supposed to result in providing the most benefits for society, the minimum necessary condition is to ensure that the law will cause the least harm to our people. In this context, the Juvenile Justice and Welfare Act of 2006, despite its flaws, is an improvement, and it causes least harm in comparison to House Bill 8858 and the pending bills in the Senate.
We instead urge our legislators to affirm the implementation of the Juvenile Justice and Welfare Act of 2006 and seek ways to improve its practice by emphasizing restorative, not punitive, justice.
What we seek, to quote the late Senator Pepe Diokno, is “a nation for our children.”

Where the Philippines leads, the US now follows

One thing that astonishes many Americans (by which here meant citizen of the United States) is how close Filipinos feel towards the “land of the free.” Ride a taxi, listen to the radio, grab a bite at the nearest fastfood joint, read a newspaper, the similarities, the feel, of the US is palpable. Actually, all too real.
Thus, expectedly, the Pew Research Center reported in 2017 that: “Despite efforts by Duterte to build better relations with China, Filipinos’ attitudes toward China and its leader have not changed much since 2015.” Noting that the Philippines is actually the “most pro-Trump nation in Pew Research Center’s spring 37-country survey,” more importantly, “the Philippines still support the U.S. military presence in the region and say that the U.S. would defend them should they get into a conflict with China.”
Indeed, the general rule used to be that wherever the US goes, so goes the Philippines 2 or 3 quarters later.
In 1960, the US elected a charismatic young senator, war hero, and book author to the White House, transforming the latter into some sort of modern day “Camelot.” The Philippines five years later promptly elected a charismatic young senator, war hero (alleged), and lawyer to Malacañan, and turned the latter into some sort of “Malakas/Maganda fantasy.”
In 2000, the US sent the son of a former president to their nation’s highest office. In 2001, the Philippines would do the same, installing (then in 2004 electing) a daughter of a former president to such highest office.
In 2008, the US chose for president an unproven young senator, good at oratory but short in actual accomplishments. In 2010, the Philippines got Noynoy.
However, that was before. The Philippines now has seemingly reversed the situation: it leads and the US follows. But leads not in a good way.
In the years between 2010 and 2016, the state of governance, political discourse, and social interaction so deteriorated to the point of utter irrational incivility. People shrilly engaged each other in social media, and political positions became more entrenched the less logical that position became.
Alexandria Ocasio-Cortez? The Philippines has had nuttier, more unstable ideologues in public office and dominating social media way before AOC crashed into the public scene.
In matters of faith, cafeteria Catholics — supported by some complacent compliant clergy — insisted on their feelings (which they mislabel as “conscience”) rather than Church teachings.
Hence, as David Koyzis (“Liberalism and the Church,” First Things, June 2015) points out: “It is common these days to hear people claim to be spiritual but not religious. Mere spirituality leaves the ego in charge, and successful churches try their best to appeal to this ego. On the other hand, religion implies a certain binding (Latin: religare) of the person to a particular path of obedience not set by the person herself.”
In 2012, Mark Judge (“America has changed, but God hasn’t”) presciently described a country whose decline mirrored ours: “The truth is that America is now a leftist country. It’s Rachel Maddow and Jeremiah Wright’s country. You know that divorced fortysomething female neighbor of yours? The one who’s not half as bright as she thinks she is, and doesn’t know much about Libya or the national debt, but watches Katie Couric’s new show and just kind of didn’t like Romney because she, well, just kind of didn’t like him? America is now her country. It’s Dingbatville.”
Yet, to emphasize, it’s the Philippines blazing the way and not the US. The insanity, venom, and pettiness of the six years from 2010 culminated in one of the most bizarre, erratic, and vulgar Philippine election campaigns ever, resulting in Rodrigo Duterte as president. The US followed later with Donald Trump.
But the pettiness and selfish politicking did not end in 2016: the refusal to accept the results of the elections, the constant call for impeachment, and obstructionism by the opposition Liberal Party continued unabated; this to be mirrored 2 years later by the pettiness and selfish politicking (i.e., the refusal to accept the results of the elections, the constant call for impeachment, and obstructionism) by the opposition liberal Democrat Party in the US.
Perhaps it’s the huge diaspora abroad of the Philippines; perhaps it’s the inherent cosmopolitanism of the Filipino, enabling him to quickly and effortlessly absorb cultures, language, and attitudes of other countries. Perhaps it’s something else.
Whatever the reason, the Filipino definitely did not cause today’s sorry societal and political state. More likely it became a most predictive bellwether.
Earlier than everybody else, it internalized what would happen if cultures, faiths, and beliefs blended in one country by way of a politically correct multiculturalism (rather than integration or — even better — assimilation).
The result of such multiculturalism is the Philippines unfortunately proving (and which the US is following, unless it wakes up and starts leading again) that old dictum: a country that doesn’t stand for anything will fall for anything.
 
Jemy Gatdula is a senior fellow of the Philippine Council for Foreign Relations and a Philippine Judicial Academy law lecturer for constitutional philosophy and jurisprudence.
jemygatdula@yahoo.com
www.jemygatdula.blogspot.com
facebook.com/jemy.gatdula
Twitter @jemygatdula

Arsenal of oppression

Not even child rights advocates have been saying that children are incapable of committing crimes. Neither has anyone said that children are angels. But in reaction to Senator Risa Hontiveros’ opposition to the bill lowering the age of criminal responsibility to 12, Davao City Mayor Sara Duterte made it seem as if those two assumptions were at the heart of the resistance to that outrage.
But Mayor Duterte wasn’t all wrong. She was right when she went on to say that there are “documented cases of 12, 13, 14-year-old children committing rape, murder, theft, robbery, drug smuggling, drug peddling, even arson.”
Anyone with the physical capacity and the opportunity to do so can commit a crime. But the extent of his accountability depends on the perpetrator’s motives and awareness of the consequences. A four-year old playing with matches can burn down an entire community. A five-year old envious of a playmate’s mobile phone can steal it when he’s not looking. And a six-year old can be made to smuggle drugs to someone, perhaps a parent, in prison. But no one in his right mind would argue that they should all be criminally liable, and for a quite obvious reason: none of those children could have had the awareness of the consequences of their actions on themselves and others that criminally prosecuting and imprisoning them presumes.
The same principle applies to those below 15 years old, which, it can be argued, does not qualify as the age of discernment, since psychological and other studies have established, among other findings, that the brain doesn’t stop developing until one is in his or her mid-20s. These studies challenge conventional ideas about childhood, adolescence, and adulthood. Being 18 years old in many cultures marks childhood’s end, but even being of that age doesn’t make one an adult.
This is not to argue that the age of criminal responsibility should be 25, only to point out that the assumption in the bill lowering that age to 12 that a child who steals or hurts someone should be tried as an adult is woefully mistaken.
Its advocates — President Rodrigo Duterte, Mayor Duterte, their allies in the House and Senate majorities, the Philippine National Police — nevertheless not only say so. They also claim that it will reduce the crime rate and at the same time protect children 12 years old and below.
But the National Police Commission’s own numbers say that only 1.72% of all crimes are committed by children, and that 98.28% are committed by adults. Those adult crimes are not limited to the thefts most child offenders are accused of. They include extrajudicial killings, kidnapping, large-scale smuggling, plunder, graft and corruption, and those other skills with which so many adults including government officials are gifted, and for which they continue to escape prosecution and even imprisonment when already convicted.
Imelda Marcos is yet to see even the inside of a specially constructed air-conditioned facility complete with all the amenities to which she is accustomed. Joseph Estrada was convicted of plunder but was pardoned by Gloria Macapagal- Arroyo, and is now mayor of Manila. A subordinate of Ramon “Bong” Revilla has been convicted of plunder, but he himself was acquitted. Ninety percent of the killers of journalists, political activists, lawyers, judges, clergymen, and reformist local officials have escaped prosecution, while the masterminds behind them have quite literally gotten away with murder.
In contrast to the impunity of the wealthy and politically well-connected is the focus on child crimes that is so obviously another front in the war against the poor, the majority of children in conflict with the law being from needy, dysfunctional families.
As for protecting them, the specious claim is that they will be insulated from the syndicates that use them by detaining them in the Bahay Pag-Asa centers mandated by the Juvenile Justice and Welfare Act of 2006 (Republic Act 9344) as amended by RA 10630. What the advocates of lowering the age of criminal liability don’t mention is that there are only 63 of these nationwide, and that most of them have been described as unfit for children by the government’s own social workers.
They point out that in most of these “Houses of Hope,” the detained children have no bedding and must sleep on the floor. They have no space for recreation, and can’t feed their residents adequately. Children as old as 17 are still detained in them for committing such crimes as rape when they were 12 years old. (The law mandates the confinement of 12-year-olds involved in “heinous crimes” in these prisons-in-disguise.)
Putting 12-year-olds with older children regardless of the nature of the crime they’re supposed to have committed will not only make them vulnerable to physical and sexual abuse, but also to being apprenticed for other crimes. Rather than rehabilitation facilities, these prisons will become, if they are not yet training centers for future adult criminals.
There is also the probability that with the surge in the Bahay Pag-Asa populations that lowering the age of criminal liability will bring, the resulting congestion will lead to 12-year old children’s being held in the foul prisons this country is noted for. They will end up with adult prisoners, making them even more vulnerable to abuse as well as to the same criminal apprenticeship.
Lowering the age of criminal liability will hardly affect the availability of children for use by the crime syndicates. Any imprisoned 12-year-old can be replaced by others from the limitless supply of children that the country’s 2.4% population growth rate provides.
All these raise the question of why, despite the cruelty, lack of foresight, plain stupidity, and minimal impact on the crime rate of lowering the age of criminal responsibility is, the Duterte regime and its allies are so obsessed with putting more children in facilities that, no matter what they’re called, are still prisons complete with iron bars, guards and padlocks.
The reason is as plain as the simple-mindedness of its proponents. Unable and unwilling to address the fundamentals of such problems as drug addiction and criminality, they think that quick fixes will suffice without the social and economic reforms needed that will bring about authentic change.
The quick-fix mentality is evident in the focus on repression, hate, and the mantra of “kill, kill, kill” on “solving” the drug problem, ending rebellion, and silencing dissent and protest. Hence the continuing effort to restore the death penalty that together with the extrajudicial killings, arbitrary arrests and the imprisonment of children would be one more means of mass intimidation.
The consequences of these offenses to reason and humanity are too evident to deny, among them the debasement of democratic discourse that makes it virtually impossible to rationally explore solutions to the country’s problems. The enshrinement of the rule of force as policy has also led to the making of a climate of fear in the poorest communities in both city and countryside — where both armed and unarmed resistance are growing.
Lowering the age of criminal responsibility will also have results contrary to its announced intentions. It will create conditions for the further surge in criminality, and doom thousands of children to the short and brutish lives to which their families have been condemned by the poverty and social injustice that a corrupt and irresponsible political class has been unwilling and unable to address for decades.
Putting children in prisons disguised as rehabilitation centers is only among the many weapons in the arsenal of oppression of those at war with the poor and powerless millions of Philippine feudal society. But it is also among the most heartless.
 
Luis V. Teodoro is on Facebook and Twitter (@luisteodoro).
www.luisteodoro.com

Color combinations and contrasts

The aura of an individual reflects mood, attitude and well being. It brightens or diminishes depending on how one is feeling. Sometimes it is white, glowing, iridescent, pale gold, light lavender or gray.
Perceptive people can see the invisible aura.
Each person has a signature color that distinguishes him from the rest. This primary color is interpreted in his choice of personal accessories, clothing, and surroundings. Some individuals always project vibrancy and joy. A few others emanate the opposite — gloom and doom.
Happiness, kindness and charm are attractive qualities. The earthbound angel’s iridescence can illuminate a dark environment better than a chandelier.
Sunshine radiates from the optimist like a golden halo. A cheerful disposition spills over like an inviting, sparkling fountain on a hot day.
The romanticist exudes a translucent shade of rose pink that connotes serenity and peace. The world is, as seen through her eyes, “la vie en rose.” Things are bathed in a wondrous glow. People can empathize and sense the positive vibrations.
The nature lover is a spectrum of luminous shades of green and opalescent blue. Like the shimmering images of summer — verdant fields and the endless ocean. One feels drawn to the refreshing coolness of an oasis in the desert.
The warrior wears red, the fiery color of Mars. Combative and fiercely independent his mere presence is intimidating. On can almost visualize his glinting armor armor underneath the executive attire. It is also the shade of the extrovert.
Outside of the charmed circle of positive colors stands the gray spoilsport. Wrapped in a smoky haze, he has the air of “aigeur” as the French describe “acerbity or tartness.”
If one were to sketch his expression on paper, his/her portrait would be a dour, sour and sullen charcoal. He/she is the classic crab with a permanent frown and furrowed brow, poisonous claws and acidic tongue.
The killjoy, as we used to call this contrary character cannot bear the success of others. Resentful, envious, critical, arrogant or demanding, he/she is the passing thunderstorm the douses the Easter parade. The black cloud that spoils a splendid sunset.
Once upon a time, we sang the old nursery rhyme “Mary, Mary, quite contrary.” We poked fun at the fault-finder (at school or work) who growled and complained incessantly about everything and everyone. The grouch always takes himself so seriously. What is sorely lacking is a sense of humor and the ability to lighten up and laugh.
The crabs have non-color auras — anthracite, dust, coal, and carbon.
Here are some familiar sketches of the different types:
At a business meeting, the sourpuss constantly nitpicks — instead of networking. “The speech is boring. The attendance is poor. The canapés are soggy. The drinks are tepid.”
He circulates to alienate people, not to make friends. In the end, he is alone and lonely.
A master of left-handed compliments, she praises and criticizes in one breath. “You look great now that you’ve gained a lot of weight.” Keeping people off-balance is a non-favorite trait. He throws curve balls to neutralize antagonists.
In the political scene, colors play a big role. All the opposing camps are clearly identified by their colors. Taken to extremes, people wear their banners on their clothes, vehicles, and houses. And the rivals throw darts or mud at each other.
The crab’s body language is unmistakable. He craves the limelight and resorts to exposes that are mild or vicious, bloody for media coverage in tabloids and TV. Fake news is usually black. Name recall is more important that accurate facts. Winning is everything. Even at the expense of the innocent.
Show business breeds celebrity crustaceans who are easy prey for paparazzi and paid hacks. Critics and columnists can be lethal.
Stars and aspiring starlets practice one upmanship. Pseudo-deities pay homage. To earn point and to edge out potential rivals. Gossip, innuendo and intrigues are their gray weapons.
The sports industry and the cultural filed have their own grouches — egotistical performers and champions, backbiting artists and competitors, hyper-critical writers (who dwell only on the negative aspects); bickering administrators; warring factions whose petty quarrels and controversies diminish the institution.
The collective consciousness depends of the auras of individuals that comprise the group. Positive energy can heal, build and strengthen. Conversely, negative vibes can tarnish demolish or destroy.
The colors we project reveal our inner selves and our deepest thoughts. Mind power can transform the stormy grays and conjure a magical rainbow.
 
Maria Victoria Rufino is an artist, writer and businesswoman. She is president and executive producer of Maverick Productions.
mavrufino@gmail.com

Stocks rebound as Fed keeps policy stance steady

By Arra B. Francia, Reporter
SHARES bounced back on Thursday as investors welcomed the US Federal Reserve’s decision to keep rates steady, alongside end-of-the-month window dressing.
The bellwether Philippine Stock Exchange index (PSEi) gained 0.34% or 27.53 points to 8,007.48, recovering from a two-day decline. The main index rallied to just below the 8,100 mark in the middle of yesterday’s trading but failed to sustain the momentum as investors booked gains.
The broader all-shares index likewise added 0.11% or 5.32 points to close at 4,829.85.
On a monthly basis, Thursday’s finish is a 7.5% increase from the last trading day of December 2018’s close of 7,466.02.
“A Federal Reserve induced rally coupled with window dressing drove the index past 8,000 once again for a historic first month of 2019,” Regina Capital Development Corp. Managing Director Luis A. Limlingan said in a mobile phone message.
The Federal Open Market Committee ended its two-day policy meeting with rates unchanged at 2.25-2.5%. It noted that it will continue to be “patient” as it determines rate adjustments in the future.
“The change in the Fed’s tone has cheered not only our local bourse but even the US counters and most regional peers,” Philstocks Financial, Inc. Research Associate Japhet Louis O. Tantiangco said in a separate message.
“Tightening monetary conditions has been one of the problems of equity markets around the world last year especially of emerging ones. And so the latest decision of the Federal Reserve has offered much relief.”
Wall Street indices rallied overnight, with the Dow Jones Industrial Average jumping 1.77% or 434.90 points to 25,014.86. The S&P 500 index closed 1.55% higher or 41.05 points to 2,681.05, while the Nasdaq Composite index soared 2.20% or 154.79 points to 7,183.08.
Regional markets were also in the green, with Japan’s Nikkei 225 up 1.06% to 20,773.49. Hong Kong’s Hang Seng index gained 1.07%, while the Shanghai Composite index rose 0.35%.
All sectoral indices moved to positive territory except for the property counter which dropped 0.57% or 22.69 points to 3,921.56.
Meanwhile, holding firms surged 0.95% or 75.39 points to 7,968.46, followed by mining and oil which rose 0.4% or 34.13 points to 8,503.37. Services climbed 0.32% or 5.17 points to 1,582.29; industrials firmed up 0.26% or 30.25 points to 11,667.18; while financials went up 0.11% or 2.12 points to 1,825.20.
Turnover was higher at P10.81 billion after some 2.67 billion issues switched hands, versus the previous session’s P9.62 billion.
Despite the PSEi’s rally, decliners outpaced advancers, 110 to 97, while 41 names were unchanged.
Foreign investors were net buyers for the 11th straight day, with net purchases of P818.65 million, slightly lower than Wednesday’s P843.95 million.

Peso climbs to two-week high as US central bank turns dovish

THE PESO strengthened to hit a two-week high on Thursday, as the dollar weakened after the US central bank sent dovish signals following its first policy meeting of the year, dampening sentiment on the greenback.
The local unit ended the session at P52.12 versus the greenback, 22.5 centavos stronger than the P52.345-per-dollar finish recorded on Wednesday.
This was the peso’s best performance in more than two weeks or since it closed at P52.03 against the dollar on Jan. 15.
The peso traded stronger the whole day, opening the session at its worst showing of P52.25 versus the greenback. Meanwhile, its intraday high stood at P52.09.
Trading volume soared to $1.014 billion from the $933.32 million that exchanged hands the previous day.
Traders interviewed yesterday attributed the peso’s climb to dollar weakness following the policy meeting of the US Federal Reserve.
“The local currency strengthened further after the US Federal Reserve opted not to raise interest rates during its January policy meeting,” a trader said in an e-mail yesterday.
As expected, the Fed kept its borrowing costs steady during its Jan. 29-30 meeting and indicated that it will not increase its benchmark rates anytime soon.
The central bank’s dovish rhetoric was a turnaround from its previous pronouncements that it will tighten its interest rates by two times this year.
“The dollar weakened because of Fed Chair [Jerome] Powell’s dovish comments. He said something about the case for rate hikes having weakened,” another trader said in a phone interview, adding that the dollar index moved near its support level overnight.
The Federal Reserve’s dovish turn supported Asian currencies on Thursday and sent the dollar lower as the move improved sentiment across the region which had been hit hard by the US central bank’s tightening cycle last year.
The dollar index, a gauge of its value versus six major peers, had been trading lower ahead of the meeting and for much of the week. Following the Fed meeting, it fell to a three-week low of 95.246.
Analysts have turned bearish on the dollar, which outperformed last year thanks to rates expectations and a robust US economy, however the trade war and pressure on global growth have threatened to dent domestic output.
For today, both traders expect the peso to trade between P52 and P52.20.
“We’re seeing momentum still for the dollar to weaken. The peso may push to open the session at P52 [today], provided that there’s no significant change overnight in the dollar,” the second trader noted. — K.A.N. Vidal with Reuters

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