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Marquez, others join roster of aspirants for SC associate justice

SUPREME COURT (SC) justices have recommended to the Judicial and Bar Council (JBC) three Court of Appeals (CA) justices and Court Administrator Jose Midas P. Marquez for the position of associate justice to be vacated by retiring Justice Noel J. Tijam.
Making it to the recommendation submitted to the JBC is CA Justice Manuel M. Barrios with seven points. CA justices Ramon M. Bato, Jr., and Ramon D.R. Garcia and Mr. Marquez had six points each.
The JBC will conduct a public interview on Wednesday, Dec. 5, for those vying to replace Mr. Tijam, who will retire on Jan. 5, 2019.
To be interviewed in the morning are CA justices Ramon A. Cruz, Eduardo B. Peralta, Jr., and Ricardo R. Rosario; and in the afternoon, Mr. Bato and Sandiganbayan Justices Amparo M. Cabotaje-Tang and Efren N. de la Cruz.
Candidates for the position whose previous public interviews are still valid are Messrs. Barrios, Garcia, and Marquez; CA justices Apolinario D. Bruselas, Jr., Stephen C. Cruz, Edgardo L. Delos Santos, Japar B. Dimaampao, Mario V. Lopez, and Amy C. Lazaro-Javier; lawyer Rita Linda V. Jimeno; Ms. Javier; Sandiganbayan Judge Alex D.L. Quiroz; former Ateneo Law dean Cesar L. Villanueva; and Tagum City judge Virginia D. Tehano-Ang. — Vann Marlo M. Villegas

Mother takes legal battle to block son as Sagay massacre witness

THE mother of a 14-year-old child, who was among the survivors of the Oct. 20 Sagay massacre, has filed charges against the father of her son and several police officers for insisting on using the minor as a state witness in the incident.
Vic Elisan Pedaso, the father, is facing charges for psychological abuse under Republic Act No. 9262, the Anti-Violence Against Women and their Children Act.
Police Chief Inspector Robert Mansueto, head of the Negros Occidental provincial police, Special Police Officer 1 (SPO) Julie Ann Diaz and PO Christine Magpusaw, on the other hand, have been slapped with violation of RA No. 7610, the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, and the Rule on Examination of Child Witness.
Lawyer Katherine A. Panguban of the National Union of Peoples’ Lawyers (NUPL) said Mr. Pedaso has threatened their clients to take the child into his custody and file charges against the mother.
Mr. Pedaso, on Oct. 30, filed kidnapping and serious illegal detention raps against Ms. Panguban.
“Ang malinaw pinipilit n’ya ‘yung nanay, ‘yung mag-ina na bumalik sa kanya at lumapit sa mga pulis…kahit paulit ulit na sinasabi ng kliyente namin na ayaw n’yang sumama sa kanila at gusto n’yang ilayo ‘yung bata mula doon sa schema na gustong siyang gamiting witness para sa isang hindi naman totoong naratibo ng mga pulis at ng army. (What is clear is that he (father) is forcing the mother, the mother and son, to return to his company and take them to the police… even if our clients insist that they don’t want to be with him and she wants her child away from being used as state witness for a false narrative of the police and the army),” Ms. Panguban said.
The NUPL lawyer also noted that the child could not identify the faces of those who shot at them as the area where the massacre occurred was dark.
During the police interview, Ms. Panguban said the minor was not accompanied by an authorized adult while giving his supposed testimony.
Last Oct. 20, nine sugar farmers, including two minors and four women, were shot dead by unidentified men in a hacienda in Sagay City.
Philippine National Police Director-General Oscar D. Albayalde said on Oct. 22 that “all indications suggest” that the massacre is linked to the Communist Party of the Philippines-New People’s Army, but emphasized that they are still looking at all possible angles. The military, meanwhile, said the Sagay massacre is connected to communists’ alleged destabilization plot. — Vann Marlo M. Villegas

Pimentel defends reelection bid

SENATOR Aquilino “Koko” L. Pimentel’s camp has maintained that his reelection bid for next year’s midterm elections is legal amid disqualification cases filed against him.
Mr. Pimentel’s lawyer, George Erwin M. Garcia, appeared before the Commission on Elections (Comelec) on Tuesday for the preliminary conference regarding the disqualification cases filed by lawyers Ferdinand S. Topacio and Glenn A. Chong, who both claim that Mr. Pimentel should be barred from running again next year because he has already served two consecutive terms at the Senate.
The senator was elected in 2007, but only assumed his post in 2011, after the Senate Electoral Tribunal (SET) ruled in his favor in the electoral protest case against Senator Juan Miguel F. Zubiri.
“Ang contention namin ay hindi ‘yan termino (Our contention is, that was not one term),” Mr. Garcia told reporters, referring to the 2011-2013 period.
He further explained that this should be considered as a “tenure,” which is different from a “term.”
“This is tenure, which under the Constitution is, it should be two consecutive terms in order to prohibit the candidacy, therefore he is still entitled to one more term. A term is different from tenure,” Mr. Garcia said in mixed English and Filipino.
Mr. Pimentel’s submitted Verified Answers to Mr. Topacio and Mr. Chong on Nov. 16 and Nov. 29, respectively, asserts that he “has not fully served as Senator for two (2) consecutive terms since he was not able to serve a full term of six (six) years during his 2007 to 2013 term for reasons contrary or against his will.”
It added that Mr. Pimentel was only proclaimed the 12th winning senator four years after the 2007 elections, and to consider him to have fully served the 2007-2013 term would not only be an injustice to the senator but also to the electorate.
On the other hand, Mr. Topacio insisted that it still counts as one term.
“Ang term na ‘yun (That term) is retroactive from 2007,” Mr. Topacio told reporters.
Mr. Topacio added that even if they only count the period 2011-2013, Mr. Pimentel would still violate the constitutional limit of 12 years because he would have served for 14 years, assuming the incumbent senator wins in 2019 and finishes his term in 2025.
For his part, Mr. Chong said the disqualification case he filed is the first of its kind, and expects that it will be appealed before the Supreme Court.
“This is the first case for a senator, which is why we’re bringing it up to the Commission on Elections and eventually, perhaps kung sino mananalo sa atin (whoever wins), we will go to the Supreme Court.” — Gillian M. Cortez

Davao City endorses Mindanao railway with conditions

THE DAVAO City council has approved a resolution endorsing the Mindanao Railway Project, but set conditions for the local segment’s implementation.
The endorsement covers the required certificate of no objection under Section 27 under the Local Government Code for major projects.
“The government has made available P5.6 billion for land acquisition and road right of way, but the committee has yet to conduct further hearings on the technical aspect,” said Councilor Jesus Joseph P. Zozobrado III, proponent of the resolution and chair of the committee on public works and vice-chairman of the committee on transportation.
Among the conditions raised in the resolution are a review of the planned route within Davao City and the location of one of the three stations.
The Davao City segment will pass through 23 barangays and have three stations located in Mudiang, beside the Davao Christian School along the diversion road), and Toril in front of the Gaisano Mall.
Mr. Zozobrado said the councilors are worried about the number of barangays affected and the possible impact on vehicular traffic as well existing residential and commercial developments.
“Davao will be mangled. Imagine, 23 barangays and subdivisions will be hit by the project. Why don’t we move it up in areas where subdivisions are not located?” said Councilor Conrado C. Baluran, chair of the committee on transportation.
On the stations, Councilor Diosdado A. Mahipus, chair of the committee on environment, questioned the choice of Mudiang.
“Mudiang is not only a remote area and not only sloping but is a ravine. Maybe we should dip our fingers on where the railway should pass as it might be a problem instead of a solution for commuters,” Mr. Mahipus said, adding that a better option would be somewhere near the Davao International Airport.
Meanwhile, Councilor Danilo C. Dayanghirang noted the absence of Department of Transportation (DoTr) officials in the committee hearings for railway project.
“I understand that this is one of the projects of the President and we support him. We welcome the project but the DoTr people seems not interested,” Mr. Dayanghirang said, adding that passing the resolution of endorsement could allow DoTr to completely disregard the conditions.
Mr. Mahipus, on the other hand, said the city government could still stand its ground.
“They won’t be able to proceed with the project anyway if we don’t approve it just like the Sasa Port Project,” he said.
The first segment of the planned Mindanao Railway system will traverse Digos City in Davao del Sur, Davao City, and Tagum City in Davao del Norte.
The first segment of the planned Mindanao Railway system will traverse Digos City in Davao del Sur, Davao City, and Tagum City in Davao del Norte.
Construction is targeted to start by Feb. 2019. — Carmencita A. Carillo

Siffu Bridge in Isabela reopened

THE SIFFU Bridge along the Santiago-Tuguegarao Road in Roxas, Isabela, which was damaged by typhoon Rosita (international name: Yutu) and has been closed since Oct. 30, was reopened yesterday, Dec. 4. The Department of Public Works and Highways (DPWH), in a statement, said the reopening comes ahead of the Dec. 20 target. “(B)y working 24/7 through concerted efforts coming from the contractor and field personnel, our team was able to finish the temporary steel bridge structure more than two weeks ahead of schedule,” DPWH) Region II Director Melanio C. Briosos said. The 90-meter bridge is still a temporary steel structure and passable only to light vehicles with maximum allowable gross vehicle weight of 10 tons such vans, jeeps, cars, buses and 2-axle dump trucks and light trucks. DPWH said it will need a P620 million allocation for the full restoration of the bridge. It added that while awaiting the construction of a new permanent bridge, the implementation of weight restriction on vehicles to ensure safety will be undertaken in coordination with local authorities.

IP children in the crossfire of Talaingod incident

MORE than a dozen children, who were with the group in last week’s Talaingod incident, are now staying in government care facilities — for their protection or a violation of their rights? The Department of Social Welfare and Development (DSWD) asserts that keeping the 12 girls and two boys, who are members of indigenous people (IP) communities, under their custody is necessary while the case is being processed. “The DSWD always look after the best interest of children. During situations like this, the safety of the children is our paramount concern. Rest assured that we will continue to provide them with the necessary services and interventions while their case is being processed,” DSWD Secretary Rolando Joselito D. Bautista said in a statement on Dec. 4. The DSWD also said that the “parents of all 14 children have already visited them and have already talked to them. They have also already spoken with the social workers handling the case.
CHILD RIGHTS
On the other hand, non-government group Save Our Schools (SOS) Network, which is allied with the militant Salinlahi Alliance for Children’s Concerns, alleged that the local DSWD offices “failed to assist the children who were scared and traumatized…” In a statement, the group said there are 13 children involved. Eule Rico Bonganay, SOS lead convener and Salinlahi secretary-general, said it is the local DSWD office that “kidnapped the 13 lumad (IP) children” and demanded their immediate release. The children were with the group led by former Bayan Muna party-list representative and Saturnino “Satur” C. Ocampo and Alliance of Concerned Teachers party-list Rep. France L. Castro that was arrested on Nov. 28. Mr. Ocampo and several others are now facing kidnapping and child trafficking charges.

Cebu City gov’t to bid out 3-ha SRP lot

THE CEBU City government has decided to dispose of a three-hectare lot at the South Road Properties (SRP) through public bidding instead of an unsolicited proposal to sidestep the required approval from the Commission on Audit (CoA). Executive Assistant to the mayor Francisco Fernandez said the CoA has been taking a long time to respond to the city government’s request for an appraisal of the property it intends to sell. Mr. Fernandez said the city wants CoA to review the resolution of the Committee on Awards, which appraised the lot at P110,000 per square meter (sq.m). The city council earlier passed an ordinance authorizing Mayor Tomas R. Osmeña to dispose of the SRP property at that price. Last April, the city government received an unsolicited offer from Federal Land, Inc. to purchase Lot 1 F-8, Psd-07-075186 at P115,000 per square meter, or for a total of P3.43 billion. The company said it intends to build a mixed-use complex on the property. Mr. Osmeña said the local government plans to publish the bidding invitation before the year ends. — The Freeman

Peso weakens ahead of inflation report

THE PESO declined against the dollar on Tuesday as the market looked ahead to the inflation data to be released today.
The local unit closed at P52.52 versus the greenback yesterday, down 20 centavos from the P52.32-per-dollar finish on Monday.
The peso traded weaker the whole day, opening the session at P52.515 per dollar. Its intraday trough stood at P52.60, while its best showing was at P52.49 against the US currency.
Dollars traded surged to $1.058 billion from the $965.6 million that switched hands the previous day.
Ruben Carlo O. Asuncion, chief economist at UnionBank of the Philippines, said the peso depreciated as “the market is carefully waiting for price level movement [data] for November.”
Inflation is widely expected to have slowed in November from a nine-year peak as oil prices declined and as food supply improved, analysts said in a BusinessWorld poll.
A survey of 14 economists yielded a 6.3% median estimate for headline inflation last month, slower than the actual print of 6.7% recorded in October and September.
The estimate also falls within the 5.8-6.6% estimate range given by the Bangko Sentral ng Pilipinas.
“The peso was more of a laggard since market players are waiting for the inflation data,” another trader said.
The second trader said the peso depreciation was due to offshore selling wherein market participants unwind their short position due to the uncertainty for the data.
“Although the market is pointing for a slower inflation number, the specific number of 6.2% is too low,” the trader noted, citing the median estimate in a Reuters poll. “So I think positioning will be done after the data.”
The Philippine Statistics Authority will report official inflation data today.
For Wednesday, the trader expects the peso to trade between P52.30 and P52.50 versus the dollar, while Mr. Asuncion gave a wider P52.10-P52.50 range.
“I think the continuation of the peso’s strengthening will be confirmed if the inflation number is in line with the expectation or lower,” the second trader added. — Karl Angelo N. Vidal

PSEi climbs to 7,700 level ahead of inflation data

By Arra B. Francia
Reporter
THE MAIN INDEX rallied to the 7,700 level on Tuesday, driven by the optimism from the truce between China and the United States alongside expectations of tamer inflation for the month of November.
The 30-member Philippine Stock Exchange index (PSEi) leaped by 2.27% or 171.02 points to close at 7,703.92 yesterday. The broader all-shares index likewise soared 1.73% or 78.26 points to 4,602.51.
“Philippine shares rose after US President Donald Trump and Chinese President Xi Jinping agreed to a 90-day ceasefire in the trade war that has weighed heavily on global stock markets for most of 2018,” Regina Capital Development Corp. Managing Director Luis A. Limlingan said in a mobile message.
Leaders of the world’s two largest economies agreed to delay the imposition of new tariffs to give way for negotiations in the next 90 days, as discussed during their meeting in Argentina last weekend.
Papa Securities Corp. Head of Online Trading Arbee B. Lu noted that the PSEi could rise further on Wednesday upon the Philippine Statistics Authority’s release of inflation data.
“With the 7,617 resistance out of the way, we are headed towards 7,881 next — that’s another +2.3% away. As November’s inflation data is slated for release [today], reaching said level won’t be a surprise if we notch a figure below 6.3% (consensus’ forecast),” Ms. Lu said in an e-mail.
A BusinessWorld poll of 14 economists yielded a 6.3% median estimate for November headline inflation, in line with market watchers’ expectations that the rise in prices has slowed down from October and September’s 6.7%.
Net foreign buying supported the PSEi’s uptick, as it recorded P1.08 billion in net purchases, a reversal of net outflows worth P123.07 million in the previous session.
The PSEi reflected the global equities rally on Monday, with the Dow Jones Industrial Average advancing 1.13% or 287.97 points to 25,826.43. The S&P 500 index surged 1.09% or 30.20 points to 2,790.37, while the Nasdaq Composite index closed 1.51% or 110.98 points to 7,441.51.
In contrast, most Asian markets snapped their rally as investors expressed doubts over the US-China trade war truce.
Back home, the mining and oil counter was the lone sub-index that stayed in negative territory, losing 0.26% or 22.38 points to 8,573.10. The rest went up, led by holding firms which jumped 2.99% or 222.44 points to 7,652.39. Financials climbed 2.2% or 39.06 points to 1,814.76; services rose 1.98% or 28.08 points to 1,440.18; property firmed up 1.87% or 69.40 points to 3,775.17; while industrials added 0.43% or 47.41 points to 10,896.
Advancers were more than double the decliners, 128 to 54, while 52 names were unchanged.
Turnover stood at P11.48 billion after some 1.26 billion issues switched hands, higher than the Monday’s P10.22-billion worth.

ASEAN manufacturing purchasing managers’ index, November (2018)

FACTORY ACTIVITY in the Philippines improved for the fourth straight month in November, marking the best performance in 11 months as production grew at the fastest clip in nearly two years amid slower inflation, according to the latest monthly survey IHS Markit conducted for Nikkei, Inc. Read the full story.
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Nov. factory reading best in 11 months

FACTORY ACTIVITY in the Philippines improved for the fourth straight month in November, marking the best performance in 11 months as production grew at the fastest clip in nearly two years amid slower inflation, according to the latest monthly survey IHS Markit conducted for Nikkei, Inc.
Vietnam, however, outperformed the Philippines to seize the helm among the eight Association of Southeast Asian Nations (ASEAN) members covered by the monthly survey.
The Nikkei Philippines Manufacturing Purchasing Managers’ Index (PMI) stood at 54.2 in November from 54 in October, “signalling another notable improvement in the health of the manufacturing sector,” according to a summary of survey findings.
The Philippines slid to the second place among the covered ASEAN economies in November after staying on top for two consecutive months since September, as Vietnam’s factory activity was “the best of all” with a 56.5 PMI, riding “the sharpest increase in output in over seven years.”
A PMI reading above 50 indicates improvement in business conditions from the preceding month, while a score below that point signals deterioration. The manufacturing PMI consists of five sub-indices, with new orders having the heaviest weight at 30%, followed by output with 25%, employment with 20%, suppliers’ delivery times with 15% and stocks of purchases with 10%.
“Operating conditions in the Philippines’ manufacturing sector were buoyed by sharp uplifts in output and new orders in November. Production grew at the quickest rate in 23 months, despite the sharpest fall in new export orders seen across the series history,” the report read.
The report noted that new orders that month were the strongest in a year, sustaining a seasonal trend in the year’s final quarter, even as new export orders declined for the third month in a row “at their fastest pace on record”.
And despite strong demand, employment was largely unchanged.
“Employment growth remained weak, while backlogs continued to decline,” the report read, adding that “[i]nput prices rose at their softest pace of the year so far, leading to a reduction in selling charge inflation.”
Estimates for November inflation released by the Bangko Sentral ng Pilipinas and the Department of Finance (DoF), as well as a poll BusinessWorld conducted last week bared expectations of a slowdown from September and October’s nine-year-high 6.7%, with the BSP expecting 5.8-6.6%, while the DoF’s estimate and the median in BusinessWorld’s poll matched at 6.3%.
The PMI report also noted that suppliers were “troubled by port congestion at Manila, as delivery times lengthened for the fourth month in a row,” although the latest increase was “fractional” and did not dent vendor performance.
“Inflationary pressures cooled at manufacturers in the Philippines in November. While input costs have risen at a sharp rate throughout 2018 — partly due to new tax laws and unfavorable exchange rates — the latest increase was the weakest seen throughout the year. Concurrently, output charges rose at a softer pace, recording in November the lowest inflation seen since June,” the report noted.
The Philippines Statistics Authority is scheduled to report November inflation data on Wednesday.
The report said Philippine manufacturers still expect to sustain their overall sharp growth, with some noting the development of new products would boost demand and output.
The report quoted David Owen, economist at IHS Markit, as saying: “Output growth remained sharp in Philippines’ manufacturing sector during November, building confidence for stronger GDP (gross domestic product) growth in Q4.”
“On the flip side, export orders continued to decline, with the latest drop the quickest seen since the survey began nearly three years ago,” Mr. Owen said.
“Manufacturers were unfazed though, as domestic demand was strong enough to offset the fall. Nonetheless, should the trend continue in line with the global trade slowdown, it may dampen output growth in the new year,” he added.
“Input prices eased to their weakest rate of inflation all year in November. Recent pressures from the TRAIN (Tax Reform for Acceleration and Inclusion) laws and the exchange rate with the dollar are showing signs of wavering, offering hope of a more settled end to 2018 for manufacturers.” — Elijah Joseph C. Tubayan
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Gov’t rolls back fare of jeepneys

THE GOVERNMENT has approved a provisional rollback of fares for public utility jeepneys (PUJ) in Metro Manila, central and southern Luzon to P9 from P10, following the continuing decline in diesel pump prices.
The Land Transportation Franchising and Regulatory Board (LTFRB) issued Board Resolution No. 91 on Monday, cutting the base fare for the first four kilometers in the three regions more than a month after Oct. 18 when it raised fares amid a hike then in diesel prices.
The new base fare will take immediate effect after publication in a newspaper.
“… [T]he world price of diesel has started to go down resulting in a decrease in the price per liter of the pump price of diesel in the country reaching as low as common price of P43.75 per liter in Metro Manila… and a common price of P45.57 per liter in Southern Luzon… as of 15 November 2018…” the resolution read.
The resolution also said the LTFRB will “come up with a formula that shall predetermine fare rate adjustments as set by economic indicators such as world market price of crude oil, foreign currency exchange rate, consumer price index, inflation rate and the financial viability of the public transport system, among others”.
LTFRB Chairman Martin B. Delgra III said the directive to adjust the fares came from Transportation Secretary Arthur P. Tugade. “Because of the continuous rollback in the price of fuel, Secretary Tugade directed us to implement a motu proprio fare decrease. We will implement that and no fee shall be charged for a new fare matrix,” he said in a statement.
Mr. Tugade had said in an Oct. 31 press briefing that he wanted to put in place a system whereby PUJ fares are adjusted faster according to a matrix that takes into account movement of world oil prices and other factors. “I want rate increases to be predicated on a predetermined matrix,” he said then. — Denise A. Valdez