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A layman’s take on labor contractualization

Still of particular interest in the Labor Day discussions is the issue on the contractualization of labor. More popularly known as “endo” or the 5-5-5 arrangement, this practice started in the mid-70s as a response to alarming unemployment. For the uninitiated, the term “endo” was coined from “end of contract.” On the other hand, 5-5-5 stands for three cycles of five-month contracts, a cunning ploy that makes workers in every contract a month shy from being regularized into the company, given the mandate of the law to make workers who have stayed for six months permanent. Right off the bat, you can understand why this is such a controversial issue.

For workers, they are deprived of benefits and security of tenure. Unlike their regularized counterparts, contractual workers do not have paid leaves and holidays as they are on a “no-work, no pay” basis. When the rest of the labor force is excited about long weekends, contractual workers dread these because no-work days spell no income. In the moments after the April 22 earthquake, contractual personnel had an additional worrying to do — having a reduced income, only to the extent of the number of hours actually worked because they were sent home. I feel for those whose shifts have just started, as their pay for that day may not even cover their transportation fare. On the other hand, there were those who had to trade off not being with their families just so they can earn their daily wage.

I would imagine that their situation gets dimmer by the day when their contract nears expiration. In a country with a pronounced unemployment problem — about 2 million — it is perfectly understandable for workers to experience a high degree of anxiety of whether their contract will be renewed or, if not, whether they can find employment elsewhere. Their apprehension is magnified several times as they have to worry about providing for their family, especially when they have circumstances that are out of the ordinary, such as sickness in the family that require expensive medicines, children with special needs, and the like. It is also in these times when these hapless employees are most vulnerable to the abuses of vicious individuals who prey on them.

For the business sector, they may have no scruples given the simple and logical explanation regarding the seasonality of some labor requirements. Some businesses need more people on certain periods of the year, such as the Christmas season. It is unreasonable to expect and require these companies to keep these extra hands the whole year round.

In reality, contractualization has detrimental effects on their operations too. A company that engages in this practice would have a very high turnover rate of personnel. This, in turn, creates a disruptive operational environment and actually leads to higher costs of training and higher incidence and costs of errors. Moreover, the motivation of contractual employees to perform well is superficial — only to the extent of the possibility that their contracts will be renewed. From the very start, they know that — notwithstanding any superior performance — their chances of becoming regular employees are slim to none.

contracts endo people

But if this practice is not good for either labor or business, then, why does it persist? It may be stating the obvious that contractualization is generally undesirable for the individual, but even that may be relative. Is it truly undesirable when seen from the macro perspective of generated employment? Given finite resources, increasing labor costs for businesses may mean a decrease in jobs, and vice versa — contractualization may offer more employment opportunities compared to its regularization counterpart. As a sector, therefore, labor may get some nominal benefit. The question seems to be which is socially preferable — more people employed who are neither sad nor happy or fewer people employed who are happy?

But I strongly suspect that another big attraction of labor contractualization for business, at least at the managerial and operational levels, is the ease of replacing individuals who do not make the cut, have attitude problems, or are plainly disruptive to the organization. A probationary period of six months may be too short to make a determination of an individual’s fit for the job — both technical and behavioral. From the perspective of business, the regulatory environment has become so overprotective of regular labor that companies are backed into a corner. Companies lament that, more often than not, they are held hostage to the long-winded and tedious process of removing seriously erring employees once they enjoy regular status. Even if the company eventually wins, it may be a Phyrric victory, given the financial and organizational costs. Therefore, for them, the “endo” practice has become their hassle-free ticket out of these stressful conditions. It presents a fast and low-intensity resolution of the problem. Though, unfortunately, not all supervisors use this for the best of reasons. This may also be the enticement to government in having its own version of contractualization, using job orders.

Admittedly, the contractualization practice is being used for purposes other than those originally intended, such as in situations where the spirit of labor laws is thwarted. Be that as it may, it is not as simple as whether to allow the practice or not. Perhaps, helping business and government address their unspoken labor concerns and manage labor costs optimally and responsibly are the keys to resolving the issue of labor contractualization.

Some out-of-the-box thinking may accompany the discussions on the fate of contractualization as a practice. For instance, implementing premium wage rates — say, double — for contractual hires may be used to offset lost benefits. For some, extending the probationary period to one year versus the current six months may justify removing contractualization given that there is sufficient time to determine proper match of the employee with the job. Also, companies, by virtue of their infancy, for instance, may be allowed a limited period when they can engage contractual workers — who then shall enjoy first priority in regular employment when the period given by law has expired. Given the changing economic landscape, some individuals may actually prefer a temporary and part-time arrangement. Thus, contractualization, with sufficient safeguards accorded by law, may even be developed as a separate and legitimate mode of employment.

And, while these may sound politically incorrect for some or controversial for others, the point is that countless other options exist that have the potential of making us move forward, even incrementally. The more we set ultimatums and insist on finding a one-size-fits-all solution, the more difficult and protracted the resolution will be.

 

Edwin Santiago is Executive Director of Stratbase ADR Institute.

IPR and MORE investments

A report in BusinessWorld reiterated the value of IPR protection: “PHL remains out of US IPR watch list for 6th year’ (April 27, 2019)

“FOR the sixth straight year, the Philippines was not included in the US government’s watch list of countries with weak protection of intellectual property rights (IPR)… after being included from 1994 through 2013,” the report said in part.

The government’s Intellectual Property Office (IPOPHL) also announced in its website: “Finally, Philippines No Longer in the Notorious Markets List of the USTR” (April 25, 2019) — of which I quote in part, “After being on the list for the last six (6) years, the Philippines is completely gone in the list of Notorious Markets of the Office of the United States Trade Representatives (USTR) as reported in the Out-of-Cycle Review of Notorious Markets dated December 13, 2012.”

Good news then. Last week, April 26, was World Intellectual Property Day as declared by WIPO with the theme, “Reach for Gold: IP and Sports.”

Also that day, 77 independent think tanks and institutes (including Minimal Government Thinkers) from 39 countries signed the “Open Letter to WIPO Director General Francis Gurry,” initiated by the Property Rights Alliance (PRA, USA). The letter said:

“When IPRs are protected, markets are formed that encourage innovators to compete to make the next breakthrough product consumers demand — be it training equipment, a smart sensor, or a new media platform. In this way, athletes and innovative markets are sure to always go faster, stronger, higher! Neither innovation nor sport can exist without enforceable property rights.”

More IPR protection indeed facilitates and encourages more investments. Table below is constructed from three different sources: (1) International Property Rights Index (IPRI) rank: PRA’s IPRI 2018 Report, (2) Foreign direct investment (FDI) inward stock 2017: UNCTAD, World Investment Report 2018, and (3) Population 2017: IMF, World Economic Outlook 2019. The last column is derived by this paper.

IPR

Global ranking in IPR protection and innovation in East Asia

More property rights protection, more investments. Japan is the exception here because Japan is the main source, not destination, of FDIs in many countries abroad. On May 15, the Geneva Network (UK) will hold a one-day seminar and meeting of Asian free market think tanks, institutes and academics doing work on IPR protection and trade to be held in Kuala Lumpur.

And on May 24 or 25, PRA (US) will hold a side event on IPR and investment promotion in Sydney during the 17th meeting of the World Taxpayers Association (WTA) conference and the 7th Friedman conference by the Australia Taxpayers Alliance.

From the IPRI report, the per-capita income in countries with robust property rights protection is 20 times greater than those in countries with weak protections. The market-oriented reforms for efficiency (MORE) are to further strengthen private property protection, physical or intellectual — by legislation or executive action.

 

Bienvenido S. Oplas, Jr. is the president of Minimal Government Thinkers

minimalgovernment@gmail.com

Eenie meenie mini mor, who should I vote for senator?

I have just filled out my ballot as an overseas Filipino qualified to vote in the May 13, 2019 midterm elections. While we are outside the Philippines, dual citizens like me are entitled to vote for party-list contenders and for national officials — in this case, senatorial candidates.

Despite my being relatively familiar with the political environment in the Philippines, as a newspaper columnist of several decades, it wasn’t easy choosing 12 candidates from among the 62 contenders listed in the official ballot.

It was like playing the kiddie game, eenie meenie mini mor. Or doing the toss coin — except that in most political choices, it’s heads they win and tails you lose.

It was so much easier picking one out of the many party-list contenders in the ballot. I did what I think most voters would do. Not knowing what the clever acronyms stood for and having known about family dynasties ostensibly representing tricycle drivers or other underprivileged sectors even if they have never taken a ride in a poor man’s transport and have enjoyed nothing but privileges into their whole wealthy lives, I simply based my choice on self-interest.

Being a full-blooded Waray-Waray, I chose An Waray. So, there!

But to go back to choosing 12 senatorial candidates out of 62 — perhaps, my difficulty has been due to my relative familiarity with Philippine politics and politicians. I, frankly, have become a cynic. I have learned to take campaign promises with a bushel of salt (not just a grain), and have come to expect dashed hopes once those I vote for assume office.

But, at least, I have been able to weigh the pros and cons and have had some basis for choosing the lesser evil among the candidates, as well as the relatively better qualified.

I can only imagine how it is with those who have spent their entire lives being fed with controlled media messages, being dazzled by celebrity, and being impressed with the way candidates dance and sing on-stage. They depend mainly on ward leaders for instructions on who to vote for, expect nothing more from the candidates than the few hundred pesos (or is it now in the thousands???) handed them for their votes, and rationalize that the winning candidates will likely steal once in office pagka’t ganyan talaga ang pulitika (that’s how it is in politics). Weather weather lang iyan.

Oh, yes, some of them can expect a job because malakas si ninong kay sir (my godfather has influence on sir). And some can look forward to a basketball court or team uniforms or even a rural health clinic from the candidate they help vote into office. At least, may pakinabang ang pork barrel (at least, there’s a benefit from the pork barrel).

Eenie, meenie mini mor, who should I choose for senator?

The truth is that many voters don’t even have a chance to choose or don’t bother to choose at all. They depend on their ward leaders who hand them sample ballots with instructions not to deviate from the list. Oftentimes the instructions are accompanied with warnings and threats.

How will the ward leaders know if a voter changes a name on the list? In the old days, carbon paper was placed under the ballot. This provided proof of compliance. How is it done now? Who knows? But you can be sure that clever political operators have ways of knowing.

Of course, there’s the time-worn and proven trick known as Garcification, named after Gloria Macapagal-Arroyo’s favorite Comelec commissioner. The Comelec is said to be one of the most profitable business enterprises during elections. I know of a political family in Manila that had fielded a candidate for Congress. The local Comelec official actually told them to their faces that he could guarantee them a victory — for a price. They refused to pay. Their candidate lost.

What I couldn’t understand was why they did not blow the whistle on the extortionist. Their explanation was, who would respond to the whistle? Their impression was that everyone was in on the racket, including “the people upstairs.”

At any rate, if anybody did act on their complaint, the election would have been over before any action could be taken. And, in the Philippines, once a “winning” candidate has been sworn into office it could take nearly the entire tenure before a complaint can be resolved — if at all.

On the other hand, I understand that the voters have become entrepreneurial, selling their votes to the highest bidder. This reminds me of a losing candidate for Congress whom I happened to talk to at the Tacloban airport. This was back in those innocent days when votes were relatively “inexpensive.”

The loser complained that his opponent paid P100 per vote. “That was plain and simple vote buying,” he complained. And then he added: “I could only afford P50.”

Assuming that there are still many voters like me who are not in the market for my vote, how does one choose from so many candidates? How did I make my choices?

I started with a process of elimination. The candidates whose names were unknown to me were automatically out of contention. That says something about name recognition. No awareness. No vote.

Next to be eliminated from my list were those candidates with very high name recognition but in a negative manner. Thus, suspected plunderers, killers and the illiterate were automatically scratched from my list.

One could have said that every politician “steals” or generates “unexplained income” one way or the other. However, “plunder” means big-time stealing. Those suspected of plain corruption are said to be the lesser evil and, thus, “tolerable.” Ganyan talaga ang pulitika.

Of course, one can apply the NOTA rule — meaning None of the Above. In the coming election, however, I actually identified several candidates who could do some good in office, if they allow their better nature to prevail. So, I did not resort to NOTA.

In fact, I included one reelectionist senator who I personally know to be a decent person. There’s another candidate I do not know personally but whose track record as a former public servant and as an opinion maker has been good. This candidate, unfortunately, has lost in past attempts for a Senate seat — but he has my vote, even if his chances of winning are slim.

Another type of candidate who immediately got the virtual axe was the kind who invariably ends up in the Committee on Silence. The certified illiterates who, for some reason, have gotten elected to high office. I knocked off at least one such candidate (who happens to have already served in the Senate, expectedly, in the Committee on Silence).

Next in the process of elimination were the candidates with blood on their hands and those running on the basis of OPM or Other People’s Money, more specifically, the Filipino People’s Money. They were easy to spot because their campaign billboards were blocking off the view on the provincial highways months before the actual campaign season began.

They are not to be confused with the candidate whose main credentials depend on OPM (Original Pilipino Music). This latter candidate could run for a spot in American Idol or Tawag ng Tanghalan, but mercifully not the Philippine Senate. I eliminated him from my list.

After laboring over the names on the ballot, I finally came up with 11. Needing one more to make it an even 12, I scanned the names I was familiar with who have not yet been accused of plunder nor of killings nor of using OPM, and who have also not been members of the Committee on Silence (although all have been silent where they should have protested the vulgarity and the bloody and unconstitutional ways of the current administration).

To make my choice, I played eenie, meenie mini mor and made my 12th choice for senator.

I’m just hoping that this selection won’t end up like a toss-coin. Heads they win. Tails I lose.

 

Greg B. Macabenta is an advertising and communications man shuttling between San Francisco and Manila and providing unique insights on issues from both perspectives.

gregmacabenta@hotmail.com

No storage needed

By Tony Samson

QUANTITIES of most consumer items now come in single-serve sachets. This recognizes the consumption patterns for the solo customer living alone, sometimes not even with an occasional drop-in maid service.

In shopping membership clubs, the consumer is enticed with economy sizes (you need two carts) where hefty discounts on retail prices are offered in exchange for volume buys. Packaging becomes bigger, as toothpaste in the family size category starts to need its own sink, which is expected to groan with the weight. The sachet revolution stands the wholesale rationale of cost savings on its head. The consumer is now offered tiny packages (and smaller outlays of cash) in exchange for higher unit costs.

Buying for limited use is nothing new. Jeepney drivers who are not to be bothered with buying a whole pack of cigarettes resort to getting one or two sticks at a time with the accompanying light-up service from the vendor. They also buy fuel this way — seldom a full tank but enough to get them through the shift. Motorcycles routinely fill up with a few liters due to the volume of the tank. You still need to line up behind them with your car.

The sachet culture has reduced products to a single consumption event. This type of micro-retailing is seen as a convenience to the consumer who plans purchases daily due to the uncertainty of the amount and timing of disposable income.

So widespread is the single-use purchase that it already covers a variety of products and services, including shampoo, sugar, coffee creamer, floor wax, paper soap, coffee, toothpaste, phone load, ice cream, butter, jam, food sauce, instant noodle snack, and mobile phone use.

The sachet culture is driven not just by pricing aimed at disposable daily income; it also reflects the solo lifestyle where single servings are all that are required for consumption. Small packaging is sure to extend to other areas.

Success fees will replace retainerships in outsourced services. Why pay a fixed monthly fee when the service is not yet needed. This now drives legal and PR services which are becoming single servings for crisis events, like demolition jobs and the cover-up of corporate misdeamenors.

Sports clubs for badminton and swimming charge on usage basis rather than monthly dues and have found a niche market. Already, weekdays are reserved in resort clubs for the non-member market with members turning a blind eye on the practice as a way of putting the lid on rising monthly dues.

Business class lounges used to require the entrant to buy a business class ticket or be a frequent flyer. Now open lounges offer the same service on single servings. The entrance fee for the economy passenger covers free peanuts, diet drinks, and even a shower with relatively clean paper towels. The ambient noise of crowds is part of the atmosphere.

While salaries are still paid monthly, variable pay tied up with success events is a growing practice. More jobs will be done on as-needed basis rather than by regular employment. This paves the way for outsourcing and part-time freelance employment which may be advantageous even for job-seekers since rates are better, and more family time is possible. One can also work from home, and save on commuting cost.

The “gig economy” already accepts the project-based nature of employment. The gig after all is a term used for rock bands that play for pay at specific events, like weddings and product launches. Their engagement occasionally has a semblance of regularity when playing every Tuesday for certain retro clubs.

Maybe an actual rise in purchasing power may bring back wholesale buying and economy sizes. In an uncertain economy, cash will be held on to until the time to part with it in exchange for an immediate requirement is unavoidable, as when hunger pangs intrude. Timing, not price, determines how cash is spent.

Smaller habitation space also discourages hoarding. More and more are living in less and less space. With ready-to-consume packaging, no storage is needed. Don’t even bother with expiry dates.

The sachet consumer understands that life’s pleasures can come in small packages. You don’t have to buy a whole cow…if you are lactose-intolerant. The more popular version of that cliché refers to a different kind of consumption. And that one as well creates no storage problems.

 

Tony Samson is Chairman and CEO, TOUCH xda

ar.samson@yahoo.com

Peso ends flat vs dollar ahead of FOMC review

THE PESO closed flat against the dollar on Tuesday after treading a wide range as the market stayed on the sidelines ahead of the US central bank’s policy meeting.

The local currency closed yesterday’s session at P52.105 versus the greenback, mostly steady from the P52.11-per-dollar finish on Monday.

The peso traded in a wide range, opening the session a tad stronger at P52.10 per dollar. It climbed to as high as P51.98, while its intraday low stood at P52.185 versus the US currency.

Trading volume surged to $1.404 billion from the $957.02 million that changed hands the previous session.

Traders interviewed yesterday said the peso ended on Tuesday virtually unchanged as the market stayed on the sidelines ahead of the US Federal Reserve’s policy meeting.

“Although it traded on a wide range, the closing rate traded near where we closed on Monday given there’s still data coming up later in the week,” the trader said in a phone interview. So far, the market is on a wait-and-see mode.”

The policy-setting Federal Open Market Committee (FOMC) is set to meet for the third time this week on April 30 and May 1.

“So far, the expectation is still no change in rates, but (the market will look at) the rhetoric on whether they’ll be more dovish at the moment given the negative economic backdrop, especially in Europe,” the trader said.

In the previous Fed meeting last March 19-20, FOMC members unanimously voted not to raise benchmark rates, saying they did not see any possibility for any hikes this year.

“The peso closed slightly lower as market participants generally remained cautious ahead of the US Federal Reserve policy meeting…” another trader said in an e-mail.

The first trader also noted that the peso strengthened to breach the P51-per-dollar level intraday as banks shored up funds to cover for remittances coming in today.

Financial markets are closed on Wednesday for the Labor Day. — K.A.N. Vidal

PSEi climbs to 7,900 level on GDP, inflation bets

By Arra B. Francia, Senior Reporter

THE MAIN INDEX ran past the 7,900 level on the last trading day of April, as investors were upbeat on the release of gross domestic product (GDP) and inflation data next week.

The benchmark Philippine Stock Exchange index (PSEi) jumped 0.7% or 55.70 points to close at 7,952.72 on Tuesday, managing to close higher despite flattish movement in early trading. The all-shares index likewise rose 0.51% or 25.17 points to 4,889.56.

“We think the PSEi’s performance is attributed to the upcoming release of economic data heavyweights such as GDP and inflation data with upside bias,” Philstocks Financial, Inc. Research Associate Piper Chaucer E. Tan said in a text message.

Mr. Tan also noted the rally seen in United States markets overnight, after the S&P 500 index reached a 52-week high due to strong corporate earnings.

At Wall Street, S&P 500 added 0.11% or 3.15 points to 2,943.03. The Dow Jones Industrial Average eked out gains of 0.04% or 11.06 points to 26,554.39, while the Nasdaq Composite index climbed 0.19% or 15.46 points to 8,161.86.

“Net foreign buying registered at P413.28 million (on Tuesday). This is also why the local bourse is up. Year-to-date net foreign buying is at P42.72 billion compared to negative P38 billion in the prior year,” Mr. Tan added.

Yesterday’s net foreign buying figure marks a reversal of the previous session’s net foreign outflow of P42.91 million.

For Regina Capital Development Corp. Head of Sales Luis A. Limlingan, it was month-end window dressing that supported the PSEi.

“Window dressing in the Philippines and weaker inflation data drove the market today for the last trading session of April,” Mr. Limlingan said in a mobile phone message on Tuesday.

The Bangko Sentral ng Pilipinas’ Department of Economic Research projects inflation to be within the 2.7%-3.5% range for April, lower than its forecast last March of 3.1%.3.9%.

Inflation averaged 3.8% in the first quarter and is expected to settle at 3% for the entire year, within the government’s 2-4% target.

The Philippine Statistics Authority is scheduled to release official inflation data on May 7.

Four sectoral indices moved to positive territory, led by the industrials counter which soared 1.17% or 135.33 points to 11,608.92. Property firmed up 1.06% or 45.57 points to 4,329; holding firms went up 0.47% or 35.75 points to 7,638.20; while services gained 0.18% or 2.92 points to 1,586.18.

In contrast, mining and oil fell 0.52% or 40.57 points to 7,720.61. Financials also slipped 0.01% or 0.29 point to 1,743.66.

Turnover improved to P6.98 billion after some 943.57 million issues switched hands, versus Monday’s P5.81 billion.

Advancers outpaced decliners, 99 to 89, while 49 names were unchanged.

Duterte to stick to bilateral talks with China

By Arjay L. Balinbin, Reporter

PRESIDENT Rodrigo R. Duterte prefers a bilateral over a multilateral approach to the unresolved maritime dispute concerning the West Philippine Sea, Malacañang said on Tuesday.

“Sa ngayon bilateral muna (bilateral negotiations for now). Kasi (Because) I remember si Presidente,…a year ago, parang hindi siya masyadong (he was not) hot sa (on) multilateral [negotiations],” Presidential Spokesperson Salvador S. Panelo said at a news conference at the Palace on Tuesday when asked if a multilateral approach to resolving the West Philippine Sea issue was being considered.

He added: “Kasi nga eh ang may problema iyong dalawang bansa, di mag-bilateral muna kayo (Because, again, the problem is between the two countries [China and the Philippines], so you can have bilateral negotiations for now). Siguro (Maybe) if that fails, baka maging (that can be an) option iyon among the claimants.”

Asked what would convince the Philippine government to have the issue resolved at the multilateral level, he said: “We will have to wait for the President. The President is the one who charts the foreign policy. That is his right and discretion. We cannot be preempting the President on this.”

When asked if a bilateral negotiation with China is still “the most effective” way to address the issue, Mr. Panelo said: “Of course, yes. You don’t resolve the conflict by going to war or armed hostilities; it will not solve anything. In fact, all the conflicts in the world when not resolved by means of negotiations end up in armed hostilities.”

China and the Philippines began bilateral talks on the West Philippine Sea issue in 2017 through the Bilateral Consultation Mechanism (BCM).

Sought for comment, Dennis C. Coronacion, chairperson of the University of Santo Tomas (UST) Department of Political Science, said in a phone message: “For almost three years now, our government has adopted China’s recommendation to discuss the West Philippine Sea issue at the bilateral level and it seems that we have not gained anything significant from it.”

“At the very least, we were expecting China to leave alone the islands where we have been exercising sovereignty but they too were not spared from its incursions,” he also noted.

Also in a phone message, political science professor Marlon M. Villarin of the same university said: “The President [thinks] that bilateral negotiation is still the best approach, noting that the (2016) decision of the Arbitral Court will not facilitate the resolution of the conflict….”

He further said that the involvement of “more countries” in the negotiation process will only “aggravate the situation.”

“The way I look at the demeanor of the Chinese government, they don’t recognize international organizations like the United Nations (UN), especially on matters concerning their domestic and international interests,” Mr. Villarin said.

He noted as well that this is a “diplomatic challenge not only to the Philippines, but also to the European Union (EU) and the United States, considering that China, aside from being a militarily strong state, they somehow have a huge control or influence on the global economy. That is why regional organizations, at some point, are too silent on matters concerning Chinese virtual atrocities.”

“The pessimistic viewpoint of Mr. Duterte on the relevance of multilateral organizations like the UN and the EU somehow contributed to his belief that this conflict can be best solved bilaterally; because in a unilateral approach, President Duterte does not practically see the sincerity of bigger states like the US to really support us when things go south.”

Villar, Poe tie in poll

By Charmaine A. Tadalan, Reporter

REELECTIONIST Senator Grace S. Poe-Llamanzares has tied with fellow reelectionist Cynthia A. Villar on the top spot in Pulse Asia’s Pre-Electoral Nationwide Survey, about two weeks ahead of the midterm polls on May 13.

Ms. Llamanzares, the consistent topnotcher in the recent surveys, fell behind Ms. Villar by 1.2 points. Ms. Villar had a voter preference of 51.7% against Ms. Llamanzares’s 50.5%. former senator Manuel M. Lapid leapt to 3rd place from 6th in March, while reelectionist Senator Aquilino L. Pimentel III now settled in 10th place after dropping out of the “Magic 12” that month.

Sought for comment, Mr. Pimentel told reporters by phone message Tuesday, “I am happy that those surveyed are aware of my qualifications for the position, remember the things I have accomplished, and have become aware of the good plans I have for our beloved country.”

Former Senator Ramon Revilla, Jr. traded places with reelectionist Senator Nancy S. Binay, who is now in 9th place from 7th in March.

Former Metropolitan Manila Development Authority (MMDA) chairman Francis N. Tolentino, who placed 8th in the previous poll, fell to 17th place.

The rest of the top 12 are reelectionist Senator Juan Edgardo M. Angara (6th), former Special Assistant to the President Christopher Lawrence T. Go (5th), former senator and incumbent Taguig-2nd district Rep. Pia S. Cayetano (4th), Ilocos Norte Gov. Imee R. Marcos (11th), former National Police chief Ronald “Bato” M. Dela Rosa (8th) and former senator Jinggoy Estrada (12th).

Presidential Spokesperson Salvador S. Panelo, for his part, said of the predominance of administration bets in the top 12: “Ibig sabihin iyong mga tao naniniwala kay Presidente. Naniniwala siya na ang mga tao, na iyong mga ine-endorse niya kailangan ni Presidente iyon para tumulong sa kanya sa pagbabangon sa ating bansa sa ilalim ng kahirapan, ng kaguluhan at ng kung anu ano pa. It means malakas ang kanyang endorsement appeal,” Mr. Panelo told reporters in a briefing, Tuesday. (It means the public trusts President Duterte. The people believe that candidates endorsed by the President are those whom he believes will carry on his efforts to eradicate poverty and maintain peace, among others. I means his endorsement appeal is strong).

At kahit na may manalo dun sa kabila, na hindi i-endorse, sa tingin ko doon, ‘pag ikaw ay pinanalo ng taumbayan, ang mensahe sayo ‘kaya kita pinanalo diyan ay para tulungan mo iyong pinanalo namin na Presidente, hindi para manggulo ka.” (Even if candidates running against the administration bets win, I think it would mean the public elected you because they want you to help the President, not to cause trouble).

Record-high increase among top gov’t agencies in SWS poll

THE top government agencies as well as President Rodrigo R. Duterte’s Cabinet posted “record-high” increases in a first quarter poll by the Social Weather Stations.

The polling group said its First Quarter 2019 Social Weather Survey showed a “record-high” net satisfaction for the House of Representatives, the Supreme Court and the Cabinet, while the Senate rose to “very good” +62 972% satisfied and 10% dissatisfied), up by 4 points from +58 in December 2018.

Net satisfaction for the House was “good “+47 (61% satisfied and 13% dissatisfied), up by 7 points from +40 in December 2018; and for the Supreme Court, “very good” +50 (62% satisfied and 12% dissatisfied), up by 13 points from +37 in December 2018.

On the other hand, a first-quarter 2019 poll by the SWS on the country’s top officials showed House Speaker Gloria Macapagal Arroyo still remaining “poor” in terms of net satisfaction, as she did in the previous quarter, and Chief Justice Lucas P. Bersamin having a net satisfaction of “moderate” +14, compared with +11 in December last year.

Mr. Duterte’s Cabinet had a net-satisfaction rating of “good” +44 (57% satisfied and 12% dissatisfied), up by 9 points from +35 in December 2018.

“The 4-point rise in the overall net satisfaction with the Senate was due to increases of 7 points in Balance Luzon, 6 points in Mindanao, and 1 point in the Visayas, combined with an 8-point decrease in Metro Manila,” SWS said.

For the House, its 7-point rise in overall net satisfaction rating was due to increases in all areas. The House also rose 10 points from “good” +39 to “very good” +50 among class D, but fell 17 points from “good” +46 to “moderate” +29 among class ABC.

“The 13-point rise in the overall net satisfaction rating of the Supreme Court was due to increases of 22 points in Mindanao, 16 points in Balance Luzon, and 9 points in the Visayas, combined with a 5-point decline in Metro Manila,” SWS said. “The 9-point increase in the overall net satisfaction rating of the Cabinet was due to increases of 16 points in Balance Luzon, 11 points in Mindanao, and 4 points in the Visayas, combined with a 10-point decrease in Metro Manila.”

The survey was conducted from March 28-31, using face-to-face interviews of 1,440 adults (18 years old and above) nationwide: 360 each in Balance Luzon, Metro Manila, the Visayas, and Mindanao, with sampling error margins of ±2.6% for national percentages and ±5% each for the said areas.

Rappler joined by journalists in SC petition on presidential ban

FORTY-ONE (41) journalists from various media organizations joined Rappler in its bid to the Supreme Court (SC) to nullify President Rodrigo R. Duterte’s banning the online news site’s reporters from covering events he attends.

In a 29-page petition-in-intervention, the journalists said Mr. Duterte’s March 1, 2018 speech directing the ban on Rappler reporters would also cover journalists who might publish stories which the President deems to be “fake news.”

“Petitioners-in-intervention have not been physically barred from reporting on the President’s activities, the ban articulated by the President in his March 1, 2018 speech is already in place and it extends not only to Rappler and to its reporters and staff but also to any journalist who would write or broadcast anything that the President deems to be ‘fake news,’ they said.

“Press freedom is a preferred right that stands on a higher level than substantive economic freedom or other liberties. As such, any attempt to restrict it must pass a high standard of constitutional scrutiny,” they added.

The petitioners include 1986 Constitutional Commission member and Asian Institute of Journalism and Communication president emeritus Florangel R. Braid, former Center for Media Freedom and Responsibility executive editor Melinda Quintos de Jesus, broadcaster Tina Monzon Palma, and former Inquirer Online editor-in-chief Mario Salcedo Nery, among others.

Rappler reporters on April 11 asked the SC to stop the government from enforcing the coverage ban as announced by Mr. Duterte, who also claimed that Rappler misrepresented his remarks. Rappler argues that the ban abridges the constitutional right of the press to cover and report on newsworthy public events. Rappler’s Malacañang reporter Patricia Marie I. Ranada has been barred by the Presidential Security Guard from entering the Palace.

The petitioners also asked the SC to set oral arguments for Rappler’s main case. They also said the ban constitutes “content-based prior restraint” which has previously been declared unconstitutional by the high court.

In its cited decision from February 2008, the SC ruled that any expression is not subject to any prior restraint or censorship as the Constitution mandates that freedom of expression should not be “abridged.”

An expression may only be subject to prior restraint if it falls under the categories of pornography, false or misleading advertisement, advocacy of imminent lawless action, and danger to national security, the SC had said, adding that, “Absent the substantial government interest as well as the ‘clear and present danger,’ the ban constitutes impermissible content-based prior restraint of protected expression.”

They also said that the ban imposed on Rappler’s reporters is anchored on the “President’s displeasure at Rappler’s and Ms. Ranada’s reporting.”

“Absent any substantial government interest, a ban on coverage that displeases the reader or listener constitutes impermissible prior restraint. This is the situation here,” the journalists said.

“A prohibition against exercising a constitutionally-guaranteed freedom that is based on nothing but personal whim and pleasure is well beyond the pale of constitutional legitimacy,” they said. — VMMV

Comelec to announce majority, minority parties this week

THE COMMISSION on Elections (Comelec) will announce the names of the dominant majority and minority parties for the May 13 elections this week, according to Comelec Spokesperson James B. Jimenez. “It’s still ongoing…it should be this week (we expect the results)… We hope it would be this week,” he told BusinessWorld in an interview on Tuesday. The list will also include the top 10 major political parties for the midterm elections. The deadline for accreditation of political parties was last April 10, based on Comelec Resolution No. 10514 or the rules and regulations on the filing of political parties for the determination of one dominant minority party and one dominant majority party. The accreditation will be determined through weighted average points on given criteria in the resolution such as the established record of the parties, coalition or groups that now comprise them, and the number of incumbent elective officials belonging to them 90 days before elections, among others. “It’s a mathematical process where you determine how many candidates are running under what political party; what sort of percentage do they represent as a whole; and from there you determine who are majority and minority,” Mr. Jimenez said. — Gillian M. Cortez

Marcos Bridge eastbound side to be closed starting May 4

THE EASTBOUND side of Marcos Bridge in Marikina City will be closed starting Saturday, May 4, at 11 p.m. for rehabilitation work that is expected to last for eight-months, the Metropolitan Manila Development Authority (MMDA) announced on Tuesday. MMDA General Manager Jose Arturo S. Garcia Jr., in a press briefing, said the “long overdue” rehabilitation will start on the eastbound lanes and will last for four months, after which it will be reopened while the westbound side will be closed, also for four months. The bridge is part of Marcos Highway that stretches from Katipunan in Quezon City to Antipolo City.

EDSA
Meanwhile, MMDA also reported that the dry run on the ban of provincial bus terminals along EDSA continues with 4,000 provincial buses and 96 provincial bus terminals in Metro Manila affected. The formal implementation of the ban will start in June. — Vince Angelo C. Ferreras