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PHL missing out on investment amid US-China tensions — PEZA

THE Philippines is missing out on the opportunity to attract investors during a period of trade tensions between the United States and China, due to uncertainty surrounding the country’s tax incentive regime, the head of the economic zone regulator said.
“TRAIN 2 (or package two of the Tax Reform for Acceleration and Inclusion law) is really badly timed. You know why? Because of the trade war between US and China,” Philippine Economic Zone Authority (PEZA) Director-General Charito B. Plaza told reporters on the sidelines of an awards event in Makati City on Wednesday evening.
“I have received many expressions of intent from companies in China looking to transfer to the Philippines so they can export to the US and Europe,” she added.
The Philippines benefits from US and European Union generalized system of preferences programs or preferential tariffs allowing selected developing countries to pay reduced or zero duties on exports, making it an attractive export base for manufacturers taking cover from the trade war, she said.
The potential relocators that have approached PEZA are engaged in manufacturing, information technology-business process outsourcing, and other industries. She said they remain wary of the Philippines pending the passage of the second phase of tax reform, which is known in Congress as the TRABAHO bill.
She said the investors are also considering other Southeast Asian countries like Indonesia and Vietnam which enjoy similar GSP privileges and offer lower costs for power and labor.
In a mobile message, Trade Secretary Ramon M. Lopez said his department had received at least four inquiries to relocate here, including a bag manufacturer a manufacturer of bags.
The Confederation of Wearable Exporters of the Philippines confirmed receiving such interest at midyear, losing out to Myanmar.
“There was one that was supposed to come here in the fourth quarter of the year They pulled out and they went to Myanmar. That’s about 2,500 workers,” Teresita Jocson-Agoncillo, executive director of CWEP, said in a phone interview.
“It did not go through because of all our uncertainties,” she added.
Ms. Jocson-Agoncillo said the Philippines is currently unable to compete with Myanmar, whose apparel exports are about $3 billion annually, against the $1.02 billion posted by the Philippines last year.
Ms. Plaza said incentives are one way for the Philippines to make up for its infrastructure deficiencies.
“We have a lot of deficiencies on infrastructure, it infrastructure. Our power costs are one of highest. The thing that attracts investors now is incentives,” Ms. Plaza added.
She added that some PEZA locators are preparing to move operations out of the Philippines once the tax reform bill rationalizing incentives is passed.
“They are now preparing to transfer because they are multinationals, they have other branches. It’s easy for them to transfer,” Ms. Plaza said, without naming any companies.
During her speech at the 27th Business Journalism Awards of the Economic Journalists Association of the Philippines, Inc., Ms. Plaza also revealed her plan to take the matter up with President Rodrigo R. Duterte.
“Enough of the scolding, enough of the bullying from other leaders of government… I am now very vocal (about) not pushing through with TRAIN 2,” Ms. Plaza said.
On the sidelines, Ms. Plaza said PEZA has given up trying to plead its case to the Cabinet’s economic managers.
“The technocrats like the DoF (Department of Finance) people see it differently… All they are thinking is where to get taxes,” Ms. Plaza said.
She said Finance Undersecretary Karl Kendrick T. Chua’s “exposure to the realities on the ground is not credible.”
Ms. Plaza has sought an appointment with President Rodrigo R. Duterte.
“I still hope the President will understand, especially now with inflation,” which she claims was caused by excise taxes imposed under TRAIN 1. “The President, I think will listen,” Ms. Plaza said. — Janina C. Lim

Sin tax hike may fund universal healthcare law

SENATOR Joseph Victor G. Ejercito is looking to increase so-called “sin taxes,” particularly on tobacco products, as a source of funding for the implementation of the universal healthcare (UHC) bill in the next years.
During the Kapihan sa Senado media forum on Thursday, Mr. Ejercito said the budget for the program’s first year of the implementation was sufficient but he is worried about funding in succeeding years as more Filipinos register under the program. The proposed measure seeks to provide automatic health insurance coverage to all Filipinos whether as direct or indirect contributors to the Philippine Health Insurance Corp. (PhilHealth).
“Maybe in the first year, it looks like the budget could cover it but I would think in the second or third year, it may be inadequate. That’s why I will still push for additional possible revenues, particularly this sin tax. Maybe we can raise it, particularly the tobacco tax,” he said in a mix of English and Filipino.
“I still feel that we have room to increase because we raised the sin tax in 2012. If we compare prices of tobacco products with the rest of Asia, ours is the lowest and the cheapest. As chairman of the committee on health, I would want to hit two birds with one stone so let’s do this as a revenue generating measure to raise (sin taxes),” he added.
Mr. Ejercito estimated the funding required for the program’s first year of implementation at P200 billion. PhilHealth has said 93% of Filipinos are already covered by health insurance.
The UHC bill was approved on third and final reading in the Senate on Wednesday while its counterpart measure in the House of Representatives was passed on Sept. 6, 2017.
Under the bill, the funds collected from the Philippine Charity Sweepstakes Office (PCSO), the Philippine Amusement and Gaming Corp. (PAGCor), the incremental sin tax collections from tobacco and alcohol products, and the sugar tax will be pooled for the universal healthcare program.
In a statement, Senate President Pro Tempore Ralph G. Recto, principal author of the bill, said the funds collected from various sources come on top of the regular annual appropriations for the Department of Health (DoH), PhilHealth as well as the mandates and programs under the UHC.
“The bill earmarks a raft of funding sources… It cannot be reduced. We are benchmarking the minimum funding requirements,” Mr. Recto said.
Several measures have been filed in Congress seeking to raise sin taxes, especially on tobacco. Senate Bill No. 1599, introduced by Senator Emmanuel D. Pacquiao, proposes to increase the unitary cigarette tax to P60. Meanwhile Senate Bill No. 1605, authored by Mr. Ejercito, sets the excise tax to P90. Both measures remain pending at committee level.
Following the passage of the health care bill in the Senate, Mr. Ejercito said both chambers of Congress plan to hold their bicameral conference committee discussions next week, after the filing period for certificates of candidacy (CoCs) for the 2019 midterm elections. — Camille A. Aguinaldo

ADB backs move away from ‘paper-based’ SALN administration

THE ASIAN Development Bank (ADB) called for more automation in monitoring officials’ wealth in coordination with banks and land registries, and affirmed the need to maintain the requirement for civil servants to file Statements of Assets, Liabilities and Net Worth (SALN).
“While the SALN administration in the Philippines has an enormous paper-based workload associated with it, and the rate of prosecution is low, it is better to have it than not. Within the existing framework, improvements to the system could be made through automation and data matching with banks, property registries, and other third parties, much like a tax administration does to detect risk in taxpayers,” it said.
“If such systems’ functionality within a tax authority already exists for taxpayers’ wealth checks, it could be extended to the financial affairs of tax officials,” the ADB added.
It added that technical training packages for Philippine revenue officials should also address management skills, apart from upgrading their core revenue-generating skills.
“Corporate services such as human resources and training within a tax authority are often overlooked when technical assistance is provided, with emphasis on revenue-producing areas such as audit, collection, ICT (information and communications technology), or indeed, tax policy areas such as expanding the tax base, rationalizing incentives/exemptions, and changing rates,” the ADB said in a report, “Tax and Development Challenges in Asia and the Pacific.”
“Apart from technical skills, it is equally important to pay attention to ‘soft skills,’ such as communication, leadership, and strategic planning, which are vital to the success of a tax authority,” it added.
The regional lender provided a $1 million technical assistance loan in 2013 to help raise tax revenue.
The program, which ADB described as “successful,” helped the Bureau of Internal Revenue (BIR) establish a new staff training system for newly-recruited officials.
It provided assistance on international best practices for staff training and tax administration; a training strategy and medium-term training plan; the training of lecturers, and new training courses for recruits.
“There is considerable value to be realized from investment in the training function, in terms of domestic revenue mobilization,” it said.
It also noted the training function can “promote messages of anti-corruption, desired behavior, and ethics,” which could be incorporated into management training and existing courses.
The government in February launched the Philippine Tax Academy (PTA) for tax collectors and administrators and selected applicants from the private sector.
Republic Act No. 10143 of 2009 states that all existing officials and personnel of the Bureau of Internal Revenue, Bureau of Customs, and the Bureau of Local Government Finance shall be required to undergo the “re-tooling and enhancement seminars and training programs to be conducted by the Philippine Tax Academy” and that all applicants to these bureaus should “pass the basic courses before they can be hired whether on contractual or permanent status.” — Elijah Joseph C. Tubayan

DENR’s Boracay inspectors to be equipped with US-backed technology

THE Department of Environment and Natural Resources (DENR) said it will adopt a US-funded system to track the activities of environmental inspectors on the resort island of Boracay.
It said the system is known as the Lawin Forest and Biodiversity Protection System.
Lawin was introduced to the Philippines through the Biodiversity and Watersheds Improved for Stronger Economy and Ecosystem Resilience (B+Wiser) Program of the DENR, in partnership with the United States Agency for International Development (USAID), which is about to be completed this year.
According to DENR Assistant Secretary Corazon C. Davis, the program will be continued by the national government as it is funded under the P800 million appropriation for forest protection under the 2019 General Appropriations Act (GAA).
“The program will not end because it has gone mainstream. It will be continued and in fact, it has been adopted by the Department,” Ms. Davis told reporters in Pasay City.
“We are looking at the technology not only for biodiversity and forest protection, but also for pollution control. We are reviewing how to apply the system,” Ms. Davis added.
Boracay is scheduled to re-open on Oct. 26, after it was closed for six months for rehabilitation due to severe water pollution.
Alongside upgrades to the system of removing solid waste from the island, the government imposed limits on tourist numbers and required beachfront hotels to have their own water treatment systems.
Lawin allows inspectors to use tablets or smart phones to directly record geo-referenced observations on habitat, wildlife, trees, threats and illegal activities, which will be uploaded for data analysis and mapping.
Lawin also records the number of hours inspectors are on patrol, the effort exerted and the distance covered.
“We, the national government through the DENR, decided to mainstream and institutionalize this technology in all the programs of the DENR,” Ms. Davis said.
According to Ms. Davis, every foreign-assisted project is an opportunity for the Philippines to improve its systems by transferring technology from other countries.
“We look at foreign-assisted projects as an opportunity to innovate in terms of policies… Protecting natural resources, our natural heritage, is the greatest value of this program,” Ms. Davis said.
“We are thankful to USAID for providing this partnership primarily because it is trailblazing in a sense that we use technology to enhance forest protection activities,” according to Ms. Davis. — Reicelene Joy N. Ignacio

New threats and old making life difficult for network security

CYBERCRIMINALS are rolling out new methods of penetrating data systems associated with the growing popularity of cryptocurrency mining, though older methods linked to decades-old work software remain relevant threats, network security firm Trend Micro Inc. said.
The Japanese company said a recent study found that while cryptocurrency mining malware has emerged to accompany the spread of digital currencies, but some of the threats remain old and familiar, like worms or macros, increasing the scope of vulnerabilities that information technology (IT) professionals need to protect against.
“According to the Frost and Sullivan study… we need (more) cybersecurity engineers to help address the growing challenge of cybercrime more than ever because as you know we are becoming more and more… interconnected… It means a lot of opportunity for us, but at the same time those opportunities are seen by cybercriminals and threat actors as well,” according to Paul J.S. Oliveria, Trend Micro’s technical communications lead for core technology.
Some threats have been around for a while, like macros, which are typically used in Microsoft Office documents. Mr. Oliveria associated their resurgence with Microsoft’s redesign of Office which no longer enabled macros by default.
“What they are trying to do is… ask people to enable them… It’s not necessarily detectable because it arrives in your computer as a Word document.”
Fileless malware is one of the biggest current challenges, the company said. In this scenario, hackers penetrate a system and leave no trace behind, leaving the target totally unaware.
Mr. Oliveria said vulnerabilities need to be addressed by regularly updating devices, changing default credentials and stay updated on common attacks.
“As we become more and more connected… the challenge now is to how to become more intelligent when an attack happens… How can we address these challenges in order for us to secure the information?” Mr. Oliveria said. — Vincent Mariel P. Galang

Japanese firm evaluating possible new applications for Philippine banana fiber

THE Philippine Fiber Industry Development Authority (PhilFIDA) said it will deliver a trial shipment of banana fiber to a Japanese company looking to order as much as 2,000 metric tons from the Philippines.
It said the trial shipment is 10 kilos and will be evaluated at the company’s facilities.
“The 10 kilos of banana fiber they requested from Region 10 will be sent within the month for lab tests/research,” PhilFIDA Executive Director Kennedy T. Costales said in a text message on Thursday.
According to Mr. Costales, the company, which he did not identify, is looking for a lighter fiber for various applications including papermaking.
He said the company has expressed interest in a possible volume order of 2,000 MT of banana fiber. The prevailing prices for fiber are about P50-P70 per kilo.
Mr. Costales, in a Facebook post, said the country has the capacity for servicing any new banana fiber applications because it is home to many banana varieties, which are known by their market names of saba, lacatan, latundan, bungulan, Cavendish, morada, pitog Los Baños, señorita, tindok, gloria, ganda and tumok.
“The country has nearly 447,000 hectares of land under banana plantations, majority of which is in Northern Mindanao, North and South Cotabato, Bukidnon, and the Bicol region. This can generate 307,000 tons of banana fiber or an average of 686.80 kilos per hectare per year,” according to Mr. Costales. — Reicelene Joy N. Ignacio

FoI compliance being pushed on local government units

THE Department of Interior and Local Government (DILG) and the Presidential Communications Operations Office (PCOO) have instructed local government units (LGUs) to implement freedom of information-compliant practices in accordance with Executive Order No. 2, citing the need to better deter corruption.
“Let us be a part of the movement to eliminate corruption at the local level. Freedom to access information in the LGUs is freedom from corruption,” said DILG Secretary Eduardo M. Año in a statement released Thursday.
Mr. Año said the two government agencies issued a joint memorandum circular to that effect.
“If a local government has nothing to hide, opening up local information for public consumption would not be an issue,” he added.
The FoI Executive Order was issued on July 23, 2016, requiring more comprehensive disclosure from members of the executive branch.
The joint memorandum circular instructs local executives to initiate procedures for the processing of requests for access to information, and remedies in case of requests that are denied, among others.
It also instructed them to look into a fee structure for FoI requests, record-keeping and protecting the privacy of applicants.
Mr. Año said the joint memorandum also calls on LGUs are encouraged to adopt the “disclose to one, disclose to all” policy for information released through the observance of FOI and proactively disclose information not included in their inventory of exceptions.
“It is important we get a positive response from local governments to adopt FoI because it is an opportunity to safeguard the national treasure and to monitor the wealth of officials,” he said. — Vince Angelo C. Ferrera

Finance dep’t sees 2018 GDP up 6.5%

FINANCE Secretary Carlos Dominguez said the economy will sustain growth exceeding 6% this year, as investment and infrastructure spending help counter the impact of higher interest rates.
“We’re confident that we can weather the storms but we’re not complacent,” Dominguez said in an interview with Bloomberg Television in Bali on Thursday, when asked about inflation. “Definitely, rising interest rates will have a detrimental effect on our growth prospects but we’re still expecting around 6.5% growth for the whole year.”
Economic growth slowed to a three-year low of 6% in the second quarter, with the government set to report third-quarter data on Nov. 8. The Philippines is battling surging prices and a weakening currency that’s forced the central bank to raise interest rates by 150 basis-points since May.
Mr. Dominguez, a member of the central bank’s Monetary Board, said future actions will depend on the data. Deputy Governor Diwa C. Guinigundo on Wednesday said policy makers are ready to tighten monetary policy further if needed.
“We will act appropriately depending on what the data shows,” Mr. Dominguez said. “If more aggressive actions are required, we will take it. If not, we will ease off.”
Higher tax revenue and “a tremendous amount” of loans from China, Japan and South Korea will help the Philippines fund its infrastructure program that’s counted on to cushion the economy from risks such as the trade war, Dominguez said. The Philippines had aspired for a 7% to 8% growth this year, which is no longer attainable, according to at least two economic officials.
Inflation accelerated to 6.7%in September, the fastest pace in more than nine years. The peso has lost about 8% this year, among the worst performers in Asia. The benchmark stock index is heading for its lowest level since December 2016 after a record streak of foreigners’ withdrawals.
The government is comfortable with the current level of the peso as it absorbs shocks, Mr. Dominguez said. “We don’t want these pressures to build up and not be reflected in the interest rates or the exchange rate,” he said.
The government has enough funds and can afford to continue rejecting bids from investors seeking higher rates on bills and bonds, Mr. Dominguez said.
The Bureau of the Treasury sold just about half of the 90 billion pesos ($1.7 billion) of government securities offered in September, as banks sought higher yields. The government is turning to global investors with a plan to sell $1.5 billion of dollar bonds and up to $500 million of debt denominated in euros or Swiss francs. — Bloomberg

Kavanaugh and the assault on due process

“Assertions are not truths until they are established as facts and corroborated with evidence.” So says conservative Fil-Am political commentator Michelle Malkin. And she’s right.
The burden of proof is always on the one making the assertion and the constitutional right to presumption of innocence is such that the accused is not even required to defend himself, the case against him rising or falling depending on the offered evidence’s weight and credibility.
That is the first main consideration people have to take when regarding the strange case of Brett Kavanaugh’s US Senate confirmation of his appointment to the Supreme Court by President Donald Trump.
Tragically, the dishonesty of liberals is such that they tried to taint Kavanaugh’s name as a rapist when, in fact, no rape allegations were made against him by Christine Ford.
What Ford actually alleged was that Kavanaugh — 36 years ago, he then 17 years old and she around 15 — drunkenly pushed her down a bed, groped her, tried to take off her clothes, and put his hand on her mouth. A third person, Mark Judge, laughingly jumped over the two, causing all to tumble and separate.
The actual rape allegations came from the second and third accusers, the narration of facts of which are so ridiculous no sane person could ever take them seriously and no sane person did.
As for Ms. Ford’s allegations, the best summary is that of Matt Walsh’s, in that Ford can’t remember:

“• When it happened

• Where it happened

• How she got there

• How she got home

• Who was there

• Conversations she had even as recently as 3 months ago.”

But, as Walsh cogently points out, such is not just a matter of faulty memory, they were outright lies: “At a minimum, her claims of certainty are a lie. But it’s more than that. Ford’s story has changed to get around Kavanaugh’s defenses. These aren’t random changes in the narrative. These are targeted and calculated changes. If we are going to absolve her of dishonesty at this point, we must believe that her memory lapses are just coincidentally convenient, and that gaps in her story are coincidentally convenient, and the changes in the story are coincidentally convenient. The coincidences are simply too convenient and too numerous to truly be coincidental.
And Walsh is far from alone in concluding that. There’s Rachel Mitchell, an expert prosecutor on sex crimes, who found Ford’s allegations as weak and declared that “Dr. Ford identified other witnesses to the event, and those witnesses either refuted her allegations or failed to corroborate them. xxx I do not think that a reasonable prosecutor would bring this case based on the evidence before the Committee. Nor do I believe that this evidence is sufficient to satisfy the preponderance-of-the-evidence standard.”
Which leads us to what Malkin has long been pointing out: that false accusations involving sex crimes are “common.”
In fact, Malkin says (citing Brent Turvey, head of the Forensic Criminology Institute), the so-called “fact” that only 2% of sex crime allegations are false “‘has no basis in reality.’ Published research has documented false rape and sexual assault rates ranging from 8% to 41%. Savino notes that in his NYPD’s Manhattan Special Victim Squad, ‘our false report rate was in the double digits during all of my years. Sometimes, it was as high as 40%.’ Turvey, Savino, and Mares make clear to students that based on the evidence — as opposed to Facebook trends: ‘False reports happen; they are recurrent; and there are laws in place to deal with them when they do. They are, for lack of a better word, common.’”
The foregoing numbers, political commentator Ben Shapiro emphasizes, is “substantially higher than the combined rate of false allegations of all other crimes, 1.16%, according to a 2017 study.”
Progressives insanely suggest that to insist on due process and the presumption of innocence is tantamount to discrediting women, goes against the #metoo movement, and devalues the seriousness of rape.
But the fact that rape is an incredibly serious charge all the more makes due process a necessity. That’s not victim blaming, it’s simple logic and justice.
Thankfully, Kavanaugh was confirmed justice of the US Supreme Court, albeit by the narrowest of margins: 50-48 vote by the US Senate.
Yet the fact remains that a serious process and a decent man were respectively damaged and sullied by progressives.
And thus the second main consideration: opposition to Kavanaugh was simply ideological, not based on his competence or integrity. Progressives were against his nomination the moment it was announced and way before any sexual crime allegations surfaced.
Put otherwise: progressives detest Kavanaugh as they perceive him a textualist or originalist, one who basically reads their constitution as written, rather than adhering to the living constitution theory that many of our local so-called top law schools are enamored with.
But that is for another column.
 
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.
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Twitter @jemygatdula

Ours to claim: The Bill of Rights

Undoubtedly the most fought for, fiercely debated and emotionally laden provisions of our Constitution is the Bill of Rights. It is the safe haven for citizens of any democratic country against an oppressive or excessive exercise of governmental powers. A mantle of protection to safeguard one’s life, liberty or property, the guarantee of due process and equal protection of the law is guaranteed to every citizen because indeed, everyone is created equal.
In reality, the State and its agencies, in its pursuit of public interest and welfare, may transgress individual freedoms through the exercise of its police power, eminent domain and taxation. The Bill of Rights seeks to balance these conflicting interests. So you will find an enumeration of different constitutional rights granted to individuals — political, civil, social and economic rights and the rights of the accused — all critical to the full enjoyment of human rights in an increasing number of authoritarian regimes.
In the Consultative Committee’s proposed changes to Art. III, what impressed me was the categorization of the different rights into 1) civil and political rights; 2) social and economic rights; 3) environmental and ecological rights — precepts embraced by the Universal Declaration on Human Rights, International Bill of Rights and other conventions. The incorporation of international law into this portion of our Constitution is an impressive initiative and is a recognition that we are duty-bound to comply even in the international enforcement scene.
My column today will focus on the suggested amendments to the initial sections of Art. III on civil and political rights.
Section 1 is a striking change in the proposed wording by the Consultative Committee, is an insertion of a section that says the rights under Art. 3 are demandable against the state and non-state actors and that enforcement shall be consistent with international standards. A remarkable move because it clearly lays down the framework of enforceable private rights against the government and the use of the word “demandable” sends a message of assurance to the populace that it can question, move and seek concrete redress for these rights.
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On the other hand, while the 1987 Constitution enshrines the right of the people to be secured against unreasonable searches and seizures of whatever nature, the new version of Section 2 introduces a clause that the right to privacy shall be inviolable. It goes on to say that without any lawful court order, all interference against personal and domestic relations, correspondence and data shall be proscribed. Why the particular emphasis on privacy? The primordial objective is to prevent covert encroachment upon or slow, creeping diminution of the right of an individual to be left alone in his private sphere, without fear of judgment, persecution or punishment. The insertion of this provision crystallizes the need for the state to be judicious, discerning and conscious about implementing the law in a despotic and unjust fashion.
Further driving the point, the Consultative Committee chose to insert another clause which stipulates that data obtained about a person shall be used and processed only for purposes authorized by law and that no person has the right to inquire from any government office any information that has been obtained or stored about himself. This framework highlights the importance of our local data privacy law, the critical role to be played by the Data Privacy Commission and the necessity of balancing the same with the Freedom of Information law.
The safeguarding of the aforementioned rights is obviously designed to secure enjoyment of one’s private life and to be secured in one’s person. In an era of aggressive social media, fake news, nonstop internet use and other innovative gadgets made for dissemination of information, the individual’s inner sanctum is threatened now more than ever. Thus, this constitutional insertion will definitely get the nod of a wide spectrum of our citizenry.
So far, so good. The amendments appear to be innovative, pioneering and adopts legal developments in other jurisdictions.
More to come in the next issue. But let us not allow a slack in the discussions. Listen and be aware. The basic law of the land is as basic as the air we breathe. We need to be concerned. Now.
 
Ariel F. Nepomuceno is a management consultant on strategy and investment.

Brainwashed

The spokesperson of the Armed Forces of the Philippines (AFP), in elaboration of the AFP chief-of-staff’s tale of a “Red October” leftist-rightist conspiracy to oust President Rodrigo Duterte from power, said last week that the country’s university and college students are being “brainwashed” into activism and radicalism.
He claimed that this is being done through, among other means, film showings on Ferdinand Marcos’s martial law regime, “reenactments,” of that dark period of Philippine history, video conferences, and forums.
Furthermore, he continued, these academic activities are being used for “communist recruitment” of students, by which he means as members of the Communist Party of the Philippines (CPP) and/or the New People’s Army (NPA).
For his part, the Director General of the Philippine National Police (PNP) threatened to file charges “for contempt” against university and college professors who propagate “false information.”
He did not say whom these professors would be in contempt of, unless he meant the police, much of which is truly contemptible. While apparently clueless about the fact that there is no law under the provisions of which critical professors can be charged with any crime, he had the audacity — the unmitigated gall — to volunteer to “educate” students on what they should know about the country so as to develop among them a “sense of nationalism.”
What’s obvious from these statements is the AFP’s hostility to anything, like film showings and “reenactments,” that would only reiterate what volumes of research, eyewitness accounts and the testimonies of survivors have already established about the corruption, brutality, lawlessness, violence and sheer madness of Ferdinand Marcos’s martial law regime.
Apparently as well, neither the AFP nor the PNP leadership has even the faintest idea about what a university education is, let alone what it consists of. What is even worse is the PNP offer of “educating” students, which arrogantly and wrongly presumes that the police are more capable than any university of teaching students about anything.
Both the AFP’s and the PNP’s claims aren’t surprising, however. First, because their vast pretensions at knowledge and intelligence are so characteristic of the incompetent despotism they serve; and second, because the political dynasties that have transformed this country into the economic and social laggard of Southeast Asia have done it before — attacked the main intellectual resource of the country that any remotely sane regime would value.
Of the 18 universities and colleges the AFP has named as alleged recruitment centers for the CPP and/or the NPA, it is the University of the Philippines (UP) that at least twice in fairly recent history has been similarly targeted by government.
During Marcos’s martial rule, hundreds of UP professors, students and alumni were arrested and detained. Many were tortured and some even killed — the exquisitely ironic term was “salvaged” — by their military captors.
The reasons for this outrage ranged from their having known such personalities as Jose Maria Sison, who is a UP alumnus; writing critically about the Marcos regime; adherence to Marxist philosophy; being members of the CPP and/or the NPA; or having committed rebellion and inciting to sedition “wittingly or unwittingly,” as the one-size-fits-all arrest orders signed by then Defense Secretary Juan Ponce Enrile put it.
Bizarre as these were, they were merely the stated reasons. The real, hidden reason was that some UP constituents were perceived to be part of the burgeoning demand for the democratization of political power and the economic and social changes that could rescue Philippine society from the poverty that has been the lot of the majority for centuries.
The regime’s military goons never understood that one can love a country while being critical of its self-anointed leaders, and assumed that these professors and students were the indispensable brains that was driving the movement for the changes which, more than the prospect of his losing the presidency by 1973, Ferdinand Marcos and his accomplices could not abide. Implicit in that assumption was the suspicion that knowledge is somehow — their limited vocabularies could not coherently articulate it — the indispensable handmaid of change.
The same contempt for both knowledge and change informed the Philippine Congress’ Committee on Anti-Filipino Activities’ (CAFA) earlier assault on UP. In the early-1960s, CAFA launched a widely-publicized series of hearings on some UP professors’ supposed “Godlessness” and, therefore, their being “communists,” on the simple-minded, imbecilic assumption that one cannot be an atheist or agnostic without being the latter.
CAFA focused its attention on the UP’s then College of Liberal Arts’ Department of Philosophy, where what was in vogue was Logical Positivism, not Marxism. The differences between these philosophies were apparently beyond the comprehension of the clueless members of the CAFA, and they proceeded to present as proof of the existence of a “communist conspiracy” in UP the publication of certain documents in its learned journals, among them one on the history of the peasant struggle for land, as well as some of its professors’ quite public agnosticism.
It didn’t quite end there. Some professors were actually charged in court with violating Republic Act 1700, the anti-subversion law that was then still in force. (It was repealed in 1992, during the first year of the Fidel Ramos presidency.)
UP stood by its faculty by affirming its commitment to academic freedom, which includes its professors’ right to believe and profess what they think to be true, as a Constitutional right and as indispensable to the mandate of an institution of higher learning. It naturally led to expositions on the role and value of a university in a society that would be free, as well as to the full development of the human potential.
Crucial to the achievement of that function are freedom of inquiry, the nurturing of the critical faculties, and the training of free men and women for the lifetime of learning that is the fundamental aim of education rather than that of indoctrination.
Indoctrination, otherwise more widely known by the Cold War era term “brainwashing,” is indeed one kind of “education,” although not in the sense that the learned gentlemen of this country’s soldiery and police — whose mindsets are still frozen in the 1950s — understand it.
Far from furthering radicalism, activism and rebellion, indoctrination in the guise of education makes obedience, conformity, silence even before the worst injustice, and a focus on self-advancement rather than the social good supreme virtues. It is this kind of “education” that has produced the corrupt, self-aggrandizing politicians and civilian and military bureaucrats that infest government.
Indoctrinated in the vice they mistake for virtue of kowtowing to what passes for authority; uncritical of, and uncaring about, the worst injustice; and mindlessly driven solely by self-interest and the defense of their domestic and foreign bosses, they are the truly brainwashed, but don’t know it.
In contrast, the really educated value and encourage free inquiry, independent thought, and openness to ideas. These capacities are indispensable to the transformation of young men and women of promise into the committed writers, artists, doctors and scientists the world needs.
Far from being merely about gainful employment and survival, education demands that everyone be responsible for the advancement and liberation of one’s community and the rest of mankind. The authentic university’s capacity to impart to its students the love of learning, and to develop the knowledge and understanding of society and the world for the sake of their country and people is what the brainwashed flunkies of despotism and unreason are against; it is what they hate the most.
 
Luis V. Teodoro is on Facebook and Twitter (@luisteodoro). The views expressed in Vantage Point are his own and do not represent the views of the Center for Media Freedom and Responsibility.
www.luisteodoro.com

Rain and rage

The reclusive sun has been playing hide-and-seek behind storm clouds. For many days the rains poured relentlessly, drenching the city. It seemed that an endless waterfall was unleashed by the heavens, to wash away the smog, grime and decay.
Climate change and global warming have changed the seasons. In our tropical part of the world, the La Niña phenomenon has inundated the country. The heavy rains wreak havoc everywhere. Instead of highways, we have smelly waterways that lead nowhere. Impassable canals so far removed from romantic Venice.
We have been having strange torrential rains every week. With one heavy downpour, the flash floods are waist-high, causing instant traffic gridlock. Stalled vehicles are trapped in one gigantic parking lot for countless hours. Commuters, drivers, motorists are angry, impatient, frustrated and hypersensitive to the point of rage and helplessness.
Many children and adults are sick with influenza, sniffles and all kinds of respiratory ailments. The terrifying water-borne disease from rodents is lethal if untreated. There is the dreaded scourge of dengue and its mutant versions as well.
Monsoon rains bring heavy floods that destroy agricultural crops. Landslides damage infrastructure and bury small villages and miners.
Before we blame the authorities (such as the Department of Public Works and Highways and the Mayor) for not doing their jobs properly, we should examine ourselves first.
What are we doing wrong?
An astute observer noted that the Filipino takes pride in keeping an immaculate household and garden. Yet, he wouldn’t hesitate to throw garbage outside the fence or litter on the streets. This scenario is common. It occurs again and again — in the big city, the small barrio, the provinces.
Streets become clogged because of the garbage that people carelessly throw away — non-biodegradable items such as bottles, plastic bags, styro boxes, cigarette butts, tin cans.
Litter disposed by thoughtless passengers of public buses and jeeps accumulate in the drains and sewers.
During normal times, the lack of discipline is so evident. Buses and motorcycles stray from one side of the road to the other, weaving from one side of the road to the other. They act like flashy sports cars. Three abreast, the buses try to collect passengers anywhere on the road, totally disregarding bus stops. They do not care about blocking the highway and they speed along even when there are floods — splattering polluted water on pedestrians.
The city engineers and their sanitation teams should clean the streets and drainage systems, remove the silt, garbage and debris regularly. However, if the citizens themselves are apathetic and non-supportive, all the efforts and energy of the government shall just go to waste.
What can be proposed is a multimedia information campaign to educate people, children and all citizens of the importance of the environment and proper waste disposal.
Unless we are all aware of the hazards — physical and mental — caused by street garbage, the floods will always disrupt our system, threaten our lives and provoke our (in)sanity.
We must work together to prevent or minimize the fearsome floods. Traffic causes road rage. It could be fatal to people who are stressed. There are more road accidents and accidents, shootings. There is hardly an ounce of patience left in the mind of the driver or commuter. Any little delay or blockage on the street can trigger road rage. It brings out the worst in people.
Noah built the mythical ark where he kept his family and a pair of every animal species. They survived the great flood, but all other life forms were obliterated.
After the 40 days and 40 nights of nonstop rains, the luminous rainbow appeared. It was a sign of God’s promise that He would never destroy the earth again through water.
Somewhere along the way, from the biblical legend to the present, the weather got messed up. A karmic debt for the savage environmental damage caused by man.
The delicate balance of Nature was upset. Now we must suffer and endure El Niño and La Niña in consecutive and fierce onslaughts.
We are not as fortunate as Noah in the sense that we all must swim or sink together. There is no miracle ark to save us. We should save ourselves — country, city, community and families.
What shall we do?
Education is the first step. Children can learn quickly about the environment and the ecological cycle. They retain their lessons, can follow the example of the parents.
Teaching the parents and grandparents is another challenge. It would require supreme effort to make adults follow simple rules and directions such as: “Do not litter.” “Recycle garbage.” “Keep your surroundings and the streets clean.”
Perhaps, if the roles were reversed, we would have a better chance. Children could set the example and teach their stubborn parents.
What a big difference that would make.
It might take two generations, strong political will — on the part of government and collective discipline on the part of its citizens — to resolve the perennial problem.
We would have a fighting chance if we have the guts to start now.
 
Maria Victoria Rufino is an artist, writer and businesswoman. She is president and executive producer of Maverick Productions.
mavrufino@gmail.com