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Shares seen to rally ahead of Q2 earnings reports

By Arra B. Francia
Senior Reporter

LOCAL SHARES are seen to firm up this week as companies are expected to report good earnings results for the second quarter.

The bellwether Philippine Stock Exchange index (PSEi) dropped 0.76% or 61.56 points to close at 7,990.20 on Friday as investors decided to take profits after the main index posted gains for most of the week.

On a weekly basis, the PSEi added 0.08% or six points thanks to a 1.53% increase in industrials and 1.45% uptick in services. This offset the 1.97% slump in the mining and oil counter. Turnover slipped by six percent to P7.53 billion on a daily average last week, supported by average net foreign buying of P406 million.

“I am more inclined to believe that the market is going to rally as companies across the board are expected to post robust earnings in the following weeks and with economic fundamentals getting better and government spending picking up, we are going to see a pickup in economic growth,” Eagle Equities, Inc. Research Head Christopher John Mangun said in a weekly market report.

The Bangko Sentral ng Pilipinas (BSP) will also have its policy meeting on Thursday. It is expected to keep policy settings steady after it cut interest rates by 25 basis points last May, on top of reductions to banks reserve requirement ratios (RRR).

“However, if they do reduce rates again [this] week, that may be an incentive for investors to increase positions in the market,” Mr. Mangun said.

Online brokerage 2TradeAsia.com also sees some upside for the market once second-quarter earnings results are out.

“Plotting our target price levels for core index anchored on net earnings estimates for 2019, the simulated level for PSEi would be at 9,070. We may consider upward adjustments based on second half prospects, post-announcement of initial semester results,” 2TradeAsia.com said in a market note.

The brokerage added that the BSP’s 50-basis-point RRR cuts for universal, commercial and thrift banks scheduled this month and July, higher infrastructure spending, and corporate capex rollout will support the PSEi moving forward.

“Specific sector premiums might be commanded, depending on merger and acquisition prospects, including approval of necessarily industry-related bills,” 2TradeAsia.com said, citing the implementation of real estate investment trusts and reclamation projects, among others.

Overseas, the company said investors may focus on the movement of oil prices as the Organization of the Petroleum Exporting Countries considers the continuation of supply cuts.

Mr. Mangun placed the market’s support from 7,700 to 7,880, with resistance from 8,000 to 8,140.

“The last two weeks may have been boring but the next two weeks are going to be interesting and I will not be surprised if we see this market explode to the upside,” the analyst said.

How PSEi member stocks performed — June 14, 2019

Here’s a quick glance at how PSEi stocks fared on Friday, June 14, 2019.

 

Trends in the food industry

The food service industry in the Philippines is growing at a phenomenal rate and everyone wants a part of it.

For those unaware, the food service industry is composed of all forms of food retail. This includes fast-food chains, food kiosks, cafes, bars, take-out and delivery stores, and full-service restaurants.

The Philippine food service industry, in 2016, generated P535.9 billion in revenues on the back of 84,503 food outlets operating in the country. This year, revenues are seen to top P616 billion with 3,126 more food service establishments in operation than there were in 2016.

The insatiable demand for food comes from our enormous population of 106.5 million whose median age of 24.3 years old is the prime age for eating out. There are 4,875 newborn Filipinos added every day.

The food service industry is seen to expand in tandem with the growing population and rising incomes. For the year 2020 and 2021, revenues are seen to reach P637.3 billion and P656.5, respectively.

No surprise, then, that everyone wants to put up a restaurant, be it fledgling entrepreneurs or established businessmen looking for a cash cow on the side. To many, the food business seems like an easy way to make money.

I have been in the food industry for more than 30 years and I can tell you that it is more complicated than it appears to be. The rate of closures is nearly just as high as the rate of new openings. To be successful, one must have the basics in place. These include a strong concept, a good value proposal (food quality in relation to price), a favorable location, an efficient supply chain, tight cash and inventory controls, and enough competitive advantages to compete with the established players in the industry.

It is equally important to understand the trends in the market. Being cognizant of trends and leveraging on them is like swimming along with the tide, not against it. In many cases, it could spell the difference between success and failure.

TWELVE TRENDS BASED ON INDUSTRY REPORTS
More foreign competition. Local companies will bring in more food establishments from abroad rather than build their own brands from the ground up. Although doing so will require payment of steep franchise and royalty fees, it is justified by the instant recognition of the brand, immediate market acceptance, a tried and proven business model, and savings on recipe development. A big incentive too is that foreign brands are more likely to secure prime retail spaces as opposed to their local counterparts.

Not only from the US. Unlike in decades past where only food establishments from the US were immediately recognizable and accepted, the market today is more open to brands coming from Japan, South Korea, Taiwan, ASEAN, Australia, and the European Union. This is due to the democratization of travel among Filipinos and their exposure to global food retailers. There is still an element of distrust from brands emanating from China.

Filipino food will evolve. The influx of foreign brands will compel homegrown Filipino concepts to up their game not only in food quality and dining experience but also in terms of recipes and presentation. In other words, Filipino cuisine will evolve quickly. For example, it will not be not far-fetched for some Filipino restaurants to serve fried chicken using the same caramel breading used by BonChon, or local kare-kare presented in the manner of Spanish cocido. New cooking techniques like sous-viding, smoking, and the use of foam will also find their way into local dishes. Evolution of the cuisine will be how retailers of Filipino food will remain competitive amid stiff competition and an environment where the standards of quality are constantly on the rise.

Online platforms are here to stay. To reach a younger demographic and to overcome the logistical barrier of traffic and parking, online delivery services such as Foodpanda, Honestbee (which temporarily halted Philippine operations in April), and GrabFood will play a more important role in every restaurant’s marketing strategy.

An emerging trend too is for Filipinos abroad to order food for their loved ones during special occasions. These online platform makes this possible.

Filipinos have also adopted the habit of making prior reservations before visiting full-service restaurants. This makes apps like Zomato, Eatigo, and Booky indispensable marketing tools in this category.

Customized food delivery. The increasing demand for niche cuisine like halal, keto, pure organic, and vegan will compel many restaurants and private chefs to offer these options by way of online delivery platforms.

Alternative locations will emerge. Due to the high rental costs and market cannibalization among malls and commercial centers, restaurateurs will begin mushrooming in uncustomary sites. These include food trucks in high-traffic areas, residential villages, commercial spaces in the upper floors of buildings and even home dining rooms. We will also see a new wave of expansion of casual dining restaurants in secondary places such as CALABARZON, Central Luzon, and Greater Cebu and Palawan.

Judged by the wine list. The Philippines is one of the fastest growing markets for wines with imports seen to top $121 million this year. While the A and Upper B classes have become discerning about wines, the broad B and C markets are beginning to follow suit given their rising incomes and evolving taste. Thus, restaurants with the wider range of wines of various grapes, origins, and price points will have the advantage. The wine list will become an important deciding factor as to whether an establishment is patronized or not. This applies to both fine-dining and casual-dining restaurants.

Cuisine curiosity and authenticity. A recent market study done by De La Salle University revealed that Filipinos are only willing to patronize a restaurant offering non-mainstream cuisine (e.g. Latin American, European, or Caribbean) if the chef, proprietor, or face of the brand hails from that country. Skepticism is high toward Filipino restaurateurs offering exotic menus.

Increasing popularity of artisanal coffee and gastropubs. Demand for artisanal coffee such as those offered by Toby’s Estate and Single Origin will continue to rise given their superior value proposition. The same is true for gastropubs or establishments that offer high quality food along with specialty alcoholic options like craft beer and gin bars. Artisanal coffee joints and gastropubs outperformed their traditional counterparts by 12% last year in terms of revenue per square meter. So strong is this category that even Starbucks, Krispy Kreme, J.CO Donuts, and Tim Hortons are now offering premium or reserve coffee options to grab a piece of the market.

Asian restaurants will rule. Independent players dominate the full-service restaurant category with only 25% of them operated by mega-chains like the Max’s Group, the Bistro Group, and Shakey’s. The rest are independently owned. Asian themed restaurants (Chinese, Japanese, and Filipino) account for 67% of some 19,000 full-service restaurants in operation today, the balance is comprised of European, American, and Middle Eastern concepts. Asian restaurants will continue to dominate this category in terms of market share and customer preference.

No stopping fast-food growth. The fast-food category will posts the highest growth rate in the years to come expanding by 12% year on year. Interestingly, fast-food sales inside convenience stores will grow at a more phenomenal rate of 32%, thanks to their improving quality and democratic price. Fast-food chains are seen to expand their product offerings to sustain demand even if it encroaches on other food concepts. For instance, we will soon see burger chains offering pizza, chicken chains offering salads, and pizza chains offering rice meals.

Slow growth for food kiosks. Growth in the food kiosk category will not exceed 5% due to market saturation. In this category, the name of the game is novelty and low prices. Those that enter the food kiosk scene selling dimsum, shawarma, popcorn, and Jamaican patties will be clobbered by mega-chains who have carved their own army of loyal customers. The more ingenious, innovative, and affordable the product offerings are, the higher the chances of success.

The food service industry will continue to show tremendous growth over the next few years on the back of our strong, consumer lead economy. Those who wish to take part of it should not make the mistake of oversimplifying it. The industry is in fact akin to a high stakes poker game where those who understand its nuances and play with a well thought-out strategy will win.

 

Andrew J. Masigan is an economist.

Hong Kong’s rights and freedoms

Hong Kong might be called the unwanted love child of the British and the Chinese, from an ill-fated port romance, when Western merchant sailors crossed vast oceans for half a year to see what could be had from the beautiful East.

When the Qing dynasty transitioned from the isolationist Ming at the dawn of the 17th century, restrictions on private maritime trading and coastal settlement were lifted. “Although European demand for Chinese commodities like tea, silk, and porcelain was high, Chinese interest in European manufactured goods was insignificant. To counter the trade imbalance, the British sold large amounts of Indian opium to China” (Chen, Li. 2011). Drug addiction became a major problem of China.

And when the Daoguang Emperor ordered the destruction of opium stockpiles and halted all foreign trade, the British attacked China in the First Opium War. Defeated by the foreigners’ superior power, the Qing surrendered and ceded the barren Hong Kong Island to the British Queen Victoria, ratified in the 1842 Treaty of Nanking. In 1860, the British crown colony was extended including the Kowloon peninsula and in 1898, the Second Convention of Peking further expanded the colony with the 99-year lease of the New Territories (“Lessons in History.” National Palace Museum, Taipei).

The love child, the British crown colony Hong Kong, grew in awesome strength and independence, as unwanted children are blessed with compensatory pluck in later life. It thrived as an independent capitalist economy, besting its bigger neighbors in Southeast Asia. By the late 20th century, Hong Kong was one of the busiest ports in the world, and the seventh-largest trading entity in exports and imports, trading more goods in value than its huge gross domestic product.

Under the 1984 Sino-British Joint Declaration on the Question of Hong Kong, these territories were transferred back to the People’s Republic of China (PRC) on July 1, 1997, in “the Handover” (“The Joint Declaration.” Constitutional and Mainland Affairs Bureau, The Government of the Hong Kong Special Administrative Region [HKSAR]). In the 22 years as the HKSAR under the PRC, the government has had a passive role in the Hong Kong economy. The Hong Kong Dollar continued to be used, as it had been a major currency of the world. And the Beijing government lived with and enjoyed the capitalist ecosystem through its HKSAR while maintaining its limitations under it communist ideologies.

Yet civil society in HKSAR anxiously counts on promises under the “One Country, Two Systems’ policy that allows it to retain certain key liberties, such as freedom of speech and an independent judiciary, until 2047 (“High points of Hong Kong’s huge protests.” Agence France Press. June 15, 2019).

The first mass demonstration (estimated half a million people) since the 1997 handover was against a national security law attempted by the government that the Hong Kong people feared would hamper free speech. The government dropped the bill. In 2012, tens of thousands protested for 10 days against forced propagandist subjects in schools. The government abandoned the proposed curriculum (Ibid.). Remember the 2014 Umbrella Movement when, for two months, tens of thousands of protesters held sit-ins to demand democratic reforms such as the right to elect the city’s leader? No way would the mainland central government allow free elections for the city.

Then on April 28, the biggest demonstration since the Umbrella Movement protested the extradition bill, as it roused fears of framing, set-ups, pick-ups and swift extradition of foreign and Chinese nationals. Violent demonstrators rallied for three weeks until Saturday, June 15, when HKSAR Chief Executive Carrie Lam put the extradition bill on hold indefinitely, without withdrawing it yet (“Calls mount for compromise over unpopular Hong Kong bill.” Associated Press, June 15, 2019).

But though the Handover agreements guarantee the Basic Law for 50 years after 1997, it does not specify how Hong Kong will be governed after 2047, and the central government’s role in determining the territory’s future system of government is the subject of political debate and speculation, analysts say. Will Hong Kong’s political and judicial systems be reintegrated with China’s at that time, or will the territory continue to be administered separately? (“The case for extending Hong Kong’s 2047 deadline” and “Too soon to talk about 2047? Legal experts split on when Hong Kong should debate its future.” South China Morning Post, March 23, 2015, and May 10, 2016, respectively).

Of course, it will be the central government in mainland China, the PRC, who will be the final interpreter and executor of what will happen to HKSAR in 2047. That is barely 28 years, coming soon. By then, civil society in Hong Kong will have been used to the futile demonstrations and protests on judiciary and legislative issues being ignored or “shelved” by the Beijing-controlled executive branch. Most everyone predicts HKSAR will be fully integrated, politically, economically, socially with the PRC come 2047.

For the rest of us looking on in this “domestic” drama of an oxymoronic “One Country, Two Systems”: it doesn’t work, nor will it ever work. HKSAR will have to change in toto to be just “One Country, One System” with the whole PRC. It had better be a silent but strong lesson to the world on how to deal with this strong-willed China, who will want to have her way always.

Will US President Donald Trump have to back off (gracefully, if ever such grace is doable) from his tough-guy stance with China? “The United States kicked off a tariff battle with China in 2018, seeking sweeping structural changes from Beijing. But tensions between Washington and Beijing rose sharply in May after the Trump administration accused China of reneging on promises to make structural economic changes during months of trade talks” (“Trade war will hurt China more than U.S.: top White House economic advisor.” Reuters, June 11, 2019). Trump raised tariffs on $200 billion of Chinese goods to 25% and took steps to levy duties on the additional $300 billion in Chinese imports. Beijing retaliated with tariff hikes on a revised list of $60 billion in U.S. goods. (Ibid.). On April 16, Bloomberg ran a piece titled “Trump’s trade war with China doesn’t look like a win: prevailing against a fast-growing country run by autocrats isn’t so easy.”

And the small country, the Philippines, seems intimidated even before attempting to fight for sovereignty of the West Philippine Sea (South China Sea) territories despite a long-awarded UN Convention on the Laws of the Seas (UNCLOS) ruling in the Philippines’ favor, but ignored by China. The yet unspoken protest over the already adjudicated and awarded territorial claims now cries to speak out in the recent controversy over whether or not to protest the ramming of a Philippine fishing vessel by a Chinese ship. Finally, finally, the Philippines filed a diplomatic protest on Wednesday, warning that the Philippines could end diplomatic relations with China if it is proven that the Chinese fishing vessel “intentionally” sank the Filipino boat (“China probes ramming of Filipino boat in disputed waters.” CNN Philippines, June 14, 2019). “Intentionally” allows so much defense for China.

President Rodrigo Duterte is a good friend and avowed admirer of China’s President Xi Jin Ping… more than a love child like HKSAR and its petulant wants to keep its rights and freedoms.

 

Amelia H. C. Ylagan is a Doctor of Business Administration from the University of the Philippines.

ahcylagan@yahoo.com

Why President Duterte’s senate bets won

Why did President Duterte’s Senate bets win?

The standard answer is that he’s popular. However, that begs the question: why is he popular in the first place?

Some say it’s because of the improvement of peace and order in general, and the popularity of President Duterte’s drug war in particular. Perhaps. However, President Duterte has been waging his drug war since he took office, but his popularity had waxed and waned without regard to the drug war. Nor did the Hugpong ng Pagbabago bets run on President Duterte’s drug war. Besides, the fourth quarter 2018 SWS survey shows an increase in people reporting themselves as victims of common crimes, so peace and order issues may not have been a factor in the May electoral outcome.

However, as an economist, I say that it’s President Duterte’s decisive war on inflation, especially food price inflation which was the key to his Senate bets’ electoral victory. The falling inflation rate, from 6.7% in October 2018 to 3.0% in April 2019 certainly created a favorable climate for his endorsement power. The falling inflation rate helped people become more optimistic about the future, as borne by SWS surveys, and may have been a reason why they voted for the likes of Bong Go, Bato dela Rosa, and Francis Tolentino, whom President Duterte heartily and constantly endorsed.

What’s more striking is the fall in food price inflation, which mainly affects the C ,D, and E classes that constitute the majority of the voting population. (See graph). Due to the timely passage of the Rice Tariffication Law and rice import liberalization, rice prices — certainly for certain classes of rice consumed by the lower classes — actually fell from around P40 per kilo to around P30 per kilo. Meat prices fell, too, because in the face of rising inflation in October last year that threatened the electoral prospects of administration bets, the administration aggressively opened up the economy to meat imports. Consumers could feel the benign inflation climate in May even if rice and meat producers yelped.

The lesson here is that market-friendly measures (e.g. rice and meat liberalization) are good for politics. That’s not the conventional wisdom. In fact, the protectionists (and NFA monopolists) have threatened politicians in the past by saying that they (the politicians) will suffer in the polls due to the plight of rice farmers. Those threats have proven to be hollow. The syndicates in the National Food Authority and their favored traders were really the ones who had most to lose in the liberalization of the rice sector.

The takeaway then is that politicians should promote policies that promote competition, dismantle monopolies, lower prices, and improve consumer choice because these are political winners. It used to be that raising campaign funds from monopolists or protecting vested interests triumphed over protecting consumer interests, but that’s a losing political strategy.

In contrast, former President Noynoy Aquino extended the NFA’s rice import monopoly and exemption from WTO liberalization, refused to privatize MRT but let his Liberal Party cohorts run it, and vetoed efforts to liberalize the foreign ownership restrictions in the Constitution (which could have led to lower telco and broadband prices). He succeeded in tarnishing the Aquino brand so much so that his own nephew and namesake, Bam Aquino, failed to make it to the “Magic 12” and his Otso Diretso bets met political disaster.

Another factor that has contributed to President Duterte’s popularity is his willingness to be decisive. For many Filipinos who are used to politicians dribbling the ball or allowing subordinates to delay, his decisiveness, even if expressed unconventionally, represents refreshing change. One example of this is his willingness to shut down Boracay to clean it up. Another is his threats to go to war against Canada over garbage. Cunning as a politician he is, he knows that posturing against Canada has limited negative consequences with much political upside against say, saying the same thing against China over its occupation of the South China Sea.

What’s less certain is the role of populism in the last elections and in the popularity of President Duterte. It’s true that President Duterte has adopted populist policies (free irrigation, increasing SSS pensions, increasing salaries of teachers, policemen and soldiers, ending “Endo”) following a global political trend of leaders campaigning with populist promises, such as Modi in India, Widodo in Indonesia, and Salvini in Italy.

I’m not sure though if populist policies are a key to Duterte’s political popularity. Look at losing senatorial bets, Senator Bam Aquino and Senator JV Ejercito. Senator Bam Aquino ran on his Universal Access to Quality Tertiary Education Act or Free College Tuition Law, which he sponsored. (It’s a bad law, by the way, since it subsidizes rich and poor students alike. It targets the school, rather than individual poor students who could have been given scholarships instead. Therefore, rich students, say in UP, don’t pay tuition instead of paying under a socialized tuition scheme.) However, Senator Bam Aquino lost anyway.

The same thing goes for Senator JV Ejercito, who, like Senator Bam Aquino, was an incumbent and had name recognition. JV ran on the Universal Health Care Law which he sponsored. It’s a good law since it focuses on primary care if it can be financed properly with the right rate for sin taxes. However, JV barely made it, landing 13th, just outside the Magic 12. It could be, though, that his feud with his brother Jinggoy could have contributed to his loss.

Therefore, it’s debatable whether populism is a winning political strategy. Our politicians have recently been on a rampage of socially progressive, if populist policies (105 Maternity Day Leave Law, Universal Health Care, Security of Tenure bill, free College Tuition Act, Telecommuting Act, more official non-working holidays, increases in teachers’ pay, etc.)

While some of these laws are investments in human resources and will lead to increased productivity in the long-term and perhaps fight insurgency, there’s a risk that ever increasing social largesse will outstrip increases in productivity and lead to economic stagnation in the future. Here, the example of Brazil is a cautionary tale. When commodity prices were high and economic growth was booming, Brazil under Lula went on a social spending spree, even earning high marks from the World Bank in improvements in child mortality, poverty, etc. However, when Brazil’s economy went south after commodity prices dived, government revenues fell and deficits widened, its economy stagnated, endangering the generous social programs started when times were good.

What’s next for President Duterte after the elections? What should he do in the last three years of his presidency to cement his legacy, enhance and perpetuate his brand, and give his winning bets political momentum going into their six-year term?

The last elections pointed to the importance of food and food inflation. This means that President Duterte must turn his attention to agriculture. His Agriculture Secretary Manny Piñol has been underachieving, consistently posting growth rates in his sector below population growth. Also, the time for land distribution as a cure-all to rural poverty is past. Free irrigation and other populist tricks also don’t work. The Duterte administration must adopt bold new policies that will focus on improving agricultural productivity and modernization, rather than land distribution.

The last elections also showed the importance of curbing monopolies, promoting competition and consumer choice, improving public services, and enhancing consumer welfare.

Duterte’s attempts to bring in a third telco player, therefore, is a laudable, if winning political move. He should go further by pushing for the Public Service Act (PSA) Amendment in the 18th Congress in order to bring in more competition, better prices and services in the telecommunications and transport sectors. Although he certified the PSA bill as urgent, it came too late, just before the Senate adjourned sine die as the 17th Congress.

Another miss is the Open Access in Data Transmission Act, which could have resulted in more players, and therefore, more innovations, better service, and lower prices in the broadband space. It failed to be taken up in the Senate. Too bad, because that Act, had it become law, would have had an impact on broadband-using young voters, who constitute the voting majority.

In sum, President Duterte’s endorsement power would probably be greater and matter more in the 2022 elections if he focuses on agriculture and improving transport and telecom services in the next three years.

 

Calixto V. Chikiamco is a board director of the Institute for Development and Econometric Analysis.

idea.introspectiv@gmail.com

www.idea.org.ph

Hope and change

Several years ago, I, a starry-eyed millennial, had a chance to visit South Africa. It was a learning experience.

Then, I would have fumed at the Nelson Mandela’s choice of giving up his revolutionary life and living according to his party’s tenets, and allowing his party to engage in traditional formal politics and to cooperate with the party of apartheid.

At home, I succumbed to the idea that the changes being introduced in the economy were hollow when political institutions were immature, weak, or corrupt.

But from Nelson Mandela, I learned that being principled and being realistic are reconcilable.

Thereafter, I have become a reformist activist. In particular, I have been advocating fiscal policy reforms.

One proud moment was being part of a formation that played a pivotal role in the passage of the Sin Tax Law in 2012. With drive and enthusiasm, I worked with movers — youth, development workers, health workers, other civil society advocates, lawmakers, etc. It was my attempt to work for social justice.

I began to appreciate what Naila Kabeer calls “strategic pragmatism,” a term she uses to depict that spirit which reformers must have while navigating complex and unpredictable systems, as cited in the book of Duncan Green, How Change Happens (Oxford University Press, 2016).

Strategic pragmatism is a choice to adapt and be flexible — instead of being trapped by rigidity — in order to advance reforms and fulfill the longer-term vision. Strategic pragmatism is asking what we should work on next. It is also being aware of intermediate goals, rather than being fixated on what should be, which actual circumstances may not allow.

DANCING WITH THE SYSTEM
States and institutions are not static. They can be influenced or they can be changed. Reformists and revolutionaries alike can do a lot to use the space and the institutions themselves to introduce structural change.

We can build stakeholders and coalitions as well as engage decision-makers in order to create the broadest support for policy and institutional changes.

Collective action is key to the success of societal reforms. But collective action is not just about staging militant protests and denouncing enemies. Transformative change also involves doing things that seem less visible, less dramatic.

Understanding who the potential allies are, even if tactical, arriving at sound compromises if the situation calls for it, and strategically engaging politicians and technocrats — or what Green calls as “dancing with the system” — are all too important to attaining objectives and realizing progressive reforms.

In the words of Indira Gandhi: “You cannot shake hands with a clenched fist.”

For Green, outsider outrage without insider links is futile. And that speaking truth to power may not have its impact when power is not listening.

HOW CHANGE HAPPENS
How Change Happens encourages us to adopt a unique attitude of mind. It asks: Have our actions succeeded in empowering others? Have we been consultative in our approaches and reviewed how history has proven the effectiveness of our methodologies? Finally, have we been quick enough to change course and take advantage of changes in technology, crises, and other critical junctures of time?

It imparts how activists and development workers must sustain within them the humility to accept that they play a limited role in cascading change. Throughout history, long-term and profound change has mostly been dependent on the empowerment of those who have internalized their inferior roles; on unprecedented events, disruptions, and failures. These are the unusual suspects that we may have lost track of.

Understanding how reforms become successful necessitates that activists be cautious of making impulsive attributions regarding gains and uncritically praising actions of certain individuals. Reformers must be “reflectivists,” too, for them to see how norms and power distributions have shifted; and on how these events have upturned some keystones in the course of the reform.

THE SIN TAX REFORM
The most recent win for health and economy — the tobacco tax increase — is one of the best ways to illustrate Green’s Power and Systems Approach (PSA).

Health advocates argued that the number of new smokers would rise without further tax increases. The excise tax rate must keep pace with the growth of the Philippine economy.

According to the WHO 2017 Global Tobacco Epidemic Report, cigarettes sold in the Philippines were among the cheapest in the ASEAN.

In the early stages of the campaign, the bill to increase the tobacco tax didn’t move. Instead of approaching the campaign with easy-to-do, quick recipes for change, advocates took advantage of openings, course-corrected, and became more sensitive to the feedback that they were receiving.

They allowed for setbacks, such as when the tobacco tax bill was not scheduled for a hearing in the Senate for an entire year, or when the tobacco tax was not initially included in the first package of the Comprehensive Tax Reform.

What seemed to be a defeat turned into a gain. The rates for succeeding years inserted by the bicameral conference committee in 2017 were very low, in a move by pro-tobacco legislators and lobbyists to pre-empt further increases. But advocates negotiated a good rate for the first year, equivalent to an increase of 17%, and vowed to fight for further increases despite the passage of a weak bill in its entirety.

They took account of incremental gains. They adopted a long-term view. They searched for champions, including surprises like Senator Manny Pacquiao, and created spaces for discussions with the unusual allies.

They struggled to find effective messengers and to build helpful alliances. Ultimately, they succeeded in getting the executive branch to prioritize the tobacco tax increase, despite the slim-looking odds of having it passed. They secured Senator Sonny Angara’s commitment to submit the committee report on increasing the tobacco tax for approval. Their efforts paid off when the whole Senate, including the minority, forged a consensus to have the higher tobacco tax approved.

This case shows how conditions change for the better despite initial difficult conditions. But to do so entails strategic pragmatism and principled compromise. It also shows that the path of reform is crooked, that the journey involves stepping backward, that the steps forward can be incremental.

But in the end, the summit has been reached.

I return to Mandela. His resounding words are: “After climbing a great hill, one only finds that there are many more hills to climb.”

And once more from him: “May our choices reflect our hopes and not our fears.”

 

Clarissa. Villegas is the social media writer for Action for Economic Reforms.

Napocor projects in Palawan qualify for expedited approvals

THE Department of Energy (DoE) has designated Palawan capacity addition and transmission projects proposed by the National Power Corp. (Napocor) as energy projects of national significance (EPNS), a milestone that allows for expedited approvals for such projects.

In a statement, Napocor said the DoE’s Energy Investment Coordination Council (EICC) granted the certificate to the Palawan island service delivery improvement projects which consisted of capacity additions to eight plants under the small power utilities group (SPUG) and the installation of new generating sets in 18 new areas with an aggregate capacity of 5.3 megawatts.

The projects where capacity will be augmented include diesel power plants in Agutaya, Araceli, Balabac, Cagayancillo, Culion, Cuyo, Linapacan and Rizal.

The areas where new power facilities will be established are four areas of Taytay, as well as two locations each in Cuyo, Coron, Linapacan, and Balabac. The municipalities of Araceli, Culion, Agutaya, El Nido, Busuanga, and San Vicente will also host new power facilities.

Another EPNS certificate was issued to Napocor’s Palawan grid development projects which include nine transmission and substation projects.

These are the Brooke’s Point to Bataraza transmission line of approximately 28 kilometers; the Taytay to El Nido transmission line, about 60.9 kilometers; the Alimanguhan Switching Station project; the Alimanguhan Switching Station and transmission line to San Vicente, around 20 kilometers; the Bataraza substation project; the Brooke’s Point substation expansion project, and substations in El Nido, San Vicente and Taytay.

“These transmission line projects will complete the backbone transmission system of the province, and strengthen power reliability and stability,” Napocor President and CEO Pio J. Benavidez was quoted as saying in the statement.

Napocor noted that Palawan, the fifth-largest island in the Philippines, requires several projects to ensure a secure power supply.

“With the priority status from EICC–DoE, we hope to expedite the bidding, awarding and implementation process of the said projects,” Mr. Benavidez said.

Early this year, Napocor secured EPNS status for 23 projects in various off-grid areas.

The EICC was created through Executive Order 30 which aims to harmonize and streamline the regulatory processes for critical energy projects. — Janina C. Lim

Fruit exports, auto parts imports seen key to South Korea FTA

THE Department of Trade and Industry (DTI) said it will seek to balance of the interests of the agriculture industry, which wants to export more produce to South Korea, and the auto and parts industry, which might be disadvantaged by Seoul’s demands for lower tariffs for its products.

The terms of the trade relationship are currently being worked out in negotiations for a Free Trade Agreement (FTA) with South Korea.

“Initially, South Korea requested (lowering) certain tariff lines mostly on auto, auto parts. But then again the fact remains that we have local industries to protect,” Assistant Secretary of the Trade Department’s Industry Development and Trade Policy Group Allan B. Gepty said at the Tariff Commission hearing last week.

Eto yung medyo (This is somewhat) challenging,” he added.

The Philippines’ chief trade negotiator said the country imposes a maximum tariff of 30% on automotive-related tariff lines. This, is much lower than the 100% duty imposed by Vietnam, with which South Korea has an FTA.

“In summary, under the present AKFTA (ASEAN-Korea FTA), we have already made concessions for around 190 tariff lines. Vietnam has 104 tariff lines and it also has an FTA,” Mr. Gepty said.

Exports which the Philippines hopes to expand include mango, pineapple and banana, on which South Korea imposes up to 30% tariffs. Produce from other trading partners such as Vietnam and Canada are levied 15%.

Mr. Gepty said there is a need “to protect and preserve” the country’s global market share for these agricultural products, particularly banana.

He noted that banana is among the country’s top 10 merchandise exports, currently dominated by electronics, machinery and transport equipment, and other manufactured goods.

Pilipino Banana Growers and Exporters Association (PBGEA) representative Yvette. B. A. Malabanan said the South Korean market share of Philippine Cavendish bananas has been declining to 77.8% in 2018 from 97.5% in 2013.

“[I]f we do not work on the elimination of tariffs, the banana export industry will cease to be the second-top agricultural export of the country and the most significant provider of jobs in the countryside of Mindanao,” according to the position paper PBGEA submitted to the Tariff Commission.

South Korea has been moving to lower tariffs to zero on fresh Cavendish banana of Latin American producers.

Mr. Gepty said the Philippines and South Korea conducted the first round of FTA negotiations in early June. — Janina C. Lim

Recruiters of Hong Kong-bound domestic workers agree to code of conduct

A RECRUITMENT organization authorized to hire workers bound for Hong Kong has signed an agreement with the International Labor Organization (ILO) to observe best practices in recruiting domestic workers.

The ILO on Friday said the Society of Hong Kong-Accredited Recruiters in the Philippines (SHARP) agreed to a Code of Conduct outlining fair recruitment in the hiring of domestic workers to Hong Kong. The Association of Hong Kong Manpower Agencies (AHKMA) also took part in the signing.

ILO Fair Project Program Manager Gaela Roudy-Fraser said in a statement Friday, “Non-binding bilateral instruments such as this Code of Conduct are another step to promote and ensure fair and ethical recruitment of all workers, including migrant domestic workers.”

The ILO Fair Project aims to promote fair recruitment practices to protect migrant workers worldwide.

Under the ILO Fair Project, members of SHARP and AHKMA were trained in ethical and fair recruitment in line with The Code by experts tapped by the ILO.

Hong Kong Labor Attache Jalilo dela Torre of the Philippine Overseas Labor Office (POLO) said in statement Friday, “The code went through a long, consultative process of drafting. The signing is only the beginning. What is crucial is implementing the Code and ensuring that compliance monitoring is built into a system to demonstrates good practice.”

The Code also underlines prohibited practices, emphasizes employees’ labor rights and security, and requires access to grievance and mediation services.

“Recruitment should take place in a way that respects, protects and fulfills internationally-recognized human rights. Workers should have access to free, comprehensive and accurate information. Agencies should take affirmative steps to ensure that workers are employed under contracts that respect their rights,” said SHARP President Alfredo Palmiery in a statement on Friday.

AHKMA Chairperson Tereso Liu Tsui Lan said in a statement on Friday, “The Code aims to enhance business operations, to maintain the reputable brands of AHKMA and SHARP as key industry players, and to optimize benefits to both employer and domestic worker toward a successful recruitment and employment outcome.” — Gillian M. Cortez

Multiple agencies regulating mining foster corruption — PIDS

THE regulatory regime for the mining industry creates corruption opportunities because of the need to obtain clearances from multiple agencies, according to government think tank the Philippine Institute of Development Studies (PIDS).

According to a study by consultant Eligia D. Clemente, “Challenges in the Philippine mining industry,” she said the need to obtain multiple clearances from agencies ranging from local government units (LGU) and the National Commission on Indigenous Peoples (NCIP) create such opportunities.

“The mixing of agencies assigned to handle mining concerns results in overlapping functions. This creates a venue for cracks, which, interestingly, are filled in by enterprising government employees through illegal means,” she noted in the study.

She cited the case of a mining company that operated on the assumption that the permit to operate issued by the Mines and Geosciences Bureau (MGB) was sufficient permission to begin cutting trees for access to roads, but later found that the Department of Environment and Natural Resources (DENR) also needed to issue tree-cutting permits.

As a result, it decided to operate “in areas devoid of trees… with the occasional tree allowed to stand… Eventually, the tree died and a permit to removing dead trees was secured, which took less time to process. This type of practice admittedly is more destructive since the cut tree is no longer listed as part of the number of trees to be replaced,” she noted.

She also cited clashing interests between the LGU and the MGB in the approval of the mineral production sharing agreement (MPSA).

She said the Local Government Code authorizes LGUs to ensure the “protection of the environment and maintain sustainability of its constituents,” a mandate that sometimes leads LGUs to act in a way contrary to miners’ interests. — Vincent Mariel P. Galang

CTA rejects BoC appeal on PAL P137.1-M tax refund

THE Court of Tax Appeals (CTA) has denied for lack of merit a motion for reconsideration filed by the Bureau of Customs (BoC) over the P137.1-million tax refund granted to Philippine Airlines, Inc. (PAL) in connection with the airline’s imports of aviation fuel.

In a seven-page resolution on June 4, the CTA sitting en banc affirmed a February decision which upheld the ruling of its third division, which found that PAL was exempt from paying excise taxes on Jet A-1 fuel imported between April and June 2010.

“After a careful examination of petitioner’s motion for reconsideration, the Court finds that the issues and arguments raised in said motion had already been sufficiently passed upon and fully discussed not only by the Third Division’s Decision dated April 5, 2017 and Resolution dated October 10, 2017 but also by the Court En Banc’s Decision dated February 7, 2019,” the court said.

“In sum, We found that no substantial argument was raised to merit reconsideration of our Decision promulgated on February 7, 2019,” it added.

In the motion the BoC maintained that the court in division had no jurisdiction over the case as there was still no decision from the bureau and the delay of the release of the decision does not justify the filing of administrative claims at the Bureau of Internal Revenue as well.

It also argued that the refund claim has no basis and lacked sufficient proof that PAL used the Jet A-1 fuel in its transport and non-transport operations.

The CTA reiterated that filing of administrative claim and judicial refund to forestall the running of the two-year prescriptive period for refund claims “is a taxpayer claimant’s right.”

“Thus, even if there is a pending administrative protest before the Collector of Customs, had respondent PAL awaited the action of the Collector of Customs and COC on its protest prior to taking court action pursuant to the NIRC (National Internal Revenue Code), knowing fully well that the prescriptive period was about to end, it would have lost not only its right to seek judicial recourse but its right to recover the excise taxes it erroneously paid to the government thereby suffering irreparable damage.”

The court also cited a ruling by the Supreme Court which states that once a written protest is filed with the Collector of Customs, its failure or inaction on the protest “should not be allowed to prejudice the right of the party adversely affected thereby.”

The court also upheld the division’s finding that PAL complied with the three requirements for its tax exemption under Section 13 of Presidential Decree (PD) No. 1950 which granted a new franchise to PAL.

The requirements for PAL to avail of the tax exemption under Section 13 of PD No. 1590 are the payment of basic corporate income tax, proof that the imported materials were used in its transport and non-transport operations, and were not locally available in reasonable quantity, quality, or price.

In the February decision, the CTA held that PAL paid its basic income tax and the Jet A-1 fuel were used in transport and non-transport operations through presentation of Authority to Release Imported Goods and witness testimony.

It also said PAL proved that the aviation fuel was not locally available in reasonable quantity, quality, or price through the certifications from the Air Transportation Office.

The decision was written by Associate Justice Cielito N. Mindaro-Grulla. — Vann Marlo M. Villegas

Foreign debt rises 1.9% in first quarter vs. end-2018

EXTERNAL debt rose 1.9% quarter-on-quarter to $80.4 billion in the first three months, equivalent to 24% of gross domestic product (GDP), according to the Bangko Sentral ng Pilipinas (BSP).

Year-on-year, external debt rose 9.9%, it said.

External debt includes all types of loans taken on by Philippine residents from non-residents, following the residency criterion for international statistics.

The increase in borrowings from overseas was mainly due to the national government’s raising of $1.5 billion from global bond issues, with net availments amounting to $1.8 billion. The proceeds funded the government’s general financing requirements and the totals also reflect audit adjustments, the central bank said.

“However, the rise in the debt stock was tempered by the increase in residents’ investments in Philippine debt paper including government bonds issued offshore,” the BSP said in a statement.

According to the BSP, borrowing by the government amounted to $40.2 billion, up 1.26% quarter-on-quarter.

“About $33.9 billion (84.5%) of public sector obligations were NG (national government) borrowings while the remaining $6.2 billion pertained to other government agencies’ loans,” the central bank said.

External debt by the private sector totaled $40.3 billion in the first quarter, up 2.5% quarter-on-quarter.

According to the BSP, the major creditors were Japan with $14.4 billion; the US $3.7 billion; the Netherlands $3.7 billion; and the UK $3.4 billion.

Obligations to foreign banks and other financial institutions accounted for 33.2% of the total.

Bilateral sources provided $11.1 billion led by Japan with $8 billion; China $650 million; and South Korea $584 million.

Foreign holders of bonds and notes accounted for 27.7%, while 7.3% was owed to other types of creditors.

The Philippines’ debt stock consisted mostly of dollar debt (61.2%), followed by yen (12.7%).

“Key external debt indicators remained at prudent levels despite the rise in external debt,” the BSP said.

According to the central bank, gross international reserves (GIR) stood at $83.6 billion at the end of first quarter, which represented five times cover for short-term debt.

The debt-service ratio (DSR) improved to 5.1% from 8% in the first quarter of 2018. DSR measures the adequacy of foreign exchange earnings to meet maturing obligations.

The weighted average maturity for all medium and long-term (MLT) accounts declined to 16.8 years from the previous quarter’s 17 years, with public sector loans averaging 21 years compared with the 7.6 years average term for the private sector. — Reicelene Joy N. Ignacio

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